libels just as it is at this present This he delivers in his Commentarie upon the three lawes of the Emperour Constantine and the two of Constantius made in this case which wee read at this day in the Code of Theodosius 5 Those words of the Emperours Valentinian and Valens are also remarkable If any man have any care of his devotion and the publique safetie let him professe his name and with his owne mouth speake what hee intended to prosecute by defamatorie libels This may well bee referred to libels in case of religion nor was it ever meant by those Emperours in any other sense Now all these forementioned constitutions with some others of the same Valentinian and Valens Arcadius Honorius and Theodosius lay a punishment upon the authours of such libels and the Publishers of them committing the cognizance and execution of that punishment unto their Officers and Magistrates directing those very lawes unto them to the intent that they might observe them in their judgements 6 An infinite company of the Ordinances of our Kings speake expresselie of defamatorie and scandalous libels which concerne matter of religion they prescribe what punishment shall be done upon them what paines the authors printers and publishers shall endure and in expresse termes assigne this jurisdiction to the Iudges Royall Of this kinde is that of King Henry the second of the eleventh of December 1547 made at Fountainbleau and another of the same Prince made at Chasteaubriant the yeare 1551 that of Charles the ninth made at Mante the tenth of September 1563 that of the States of Molins in the 77 Article and an infinite companie besides which stirre up the jurisdiction in this point 7 I shall content my selfe with setting downe the words of one of them only namely that of King Charles the ninth made at Mante the tenth of September 1563 which speaks of defamatorie libelsâ— placards pasquils and such like things in matter of Religion and as for the point of jurisdiction ordaines as followeth Commanding all publique Magistrates Commissaries of the countrie and other our Officers whom it may concerne to have an eye and regard hereunto charging our Proctours and Advocates in every place to doe their endeavour and bestirre themselves herein all other businesse laid aside to the finding out and punishing such faults as they shall finde concerning this particular And afterwards they are commanded to observe the said ordinance punctuallie and proceed against the breakers hereof by the punishments there assigned peremptorily without observing the ordinarie formes of justice 8 Wee have also some prettie lawes in Iustinian about the punishing of Witches and Sorcerers which are addressed to the â—ugdes and Magistrates yea there is one of them that commands him that shall catch any of them to put them into the Iudges hands That forthwith hee bring him out in publique and present him before the eyes of the Iudges The Emperours Honorius and Theodosius writ to Cecilian one of their Magistrates that hee should banish them unlesse they would coÌ„sent to see their own books burnt in the presence of the Bishops Which shews that the Bishops had but little jurisdiction in that regard Leo the Emperour writes also to one of his Officers that he should punish them with death as Apostates 9 The punishing of such as contract clandestine marriages and those that conspire with them therein and those that advise or assist them about the consummation therof belongs also to the Iudges Royall by the Ordinance of King Henrie the second made at Paris in Februarie 1556 in these words Let them bee lyable to such punishments as our Iudges shall thinke fit according as the case shall require to whom the cognizance hereof shall appertaine and wherewith wee charge them upon their honours and consciences Which Ordinance was renewed at the States of Blois since this Councell was holden A certaine argument of the rejection thereof by the late King 10 As for causes matrimoniall those civill Lawes which give the cognizance of them unto Iudges and Magistrates are sufficiently knowne by every bodie We shall onely speake of the law of France after we have set downe the words of the Councell If any man say that matrimoniall causes belong not to Ecclesiasticall Iudges let him be accursed See here 's a Canon without either saddle or bridle which is able to feare all the Secular Iudges in the world and make them forbeare all judgements whatsoever concerning marriages or any thing that depends upon them for there is nothing excepted 11 It is the custome in France that when the question is of the rite of the coupling together in marriage as for instance Whether mariage be perfect and consummate by words of the future or of the present the cognizance belongs to the Ecclesiasticall Iudge but if it be a question of fact as Whether the contract was made by words of the present or of the future then it fals within the jurisdiction of the Civill Iudge So likewise if separation from the bed or divorce be barely required and no more then it is for the Ecclesiasticall Iudge to determine but if the question be of any fact as if divorce bee required because one of the married parties is a thiefe then it is for the lay Iudge Further if the question about marriage be betwixt any other parties than the husband or the wife as if the father and mother be interessed in it so likewise if the controversie be about the dammages or profits arising from a marriage about the portion or gift given in consideration of a marriage about any transaction in a matrimoniall cause or other consequences or dependentsâ— it belongs no more to the Ecclesiasticall jurisdiction as hath beene adjudged by divers arrests of our high Courts of Parliament 12 The right of patronage is indeed a thing annexed to somewhat which is truly spirituall yet it doth not cease for all that to bee a temporall right in some kinde This distinction hath ever beene currant in France that the Ecclesiasticall Iudge determines of Ecclesiasticall patronage when the question is about the petitorie but for the possessorie that is for the Civill Iudge This maxime is most true that in things spirituall the cognizance of the petitorie belongs to the spirituall Iudge and of the possessory to the lay Iudges Accordingly the Parliaments and other Iudges of this kingdome have determined concerning the possessorie in the matter of tythes which are as spirituall as patronages can be concerning which there is an Arrest of Paris made 1262 to be seene in the great collection of them They have also ever determined of the possessorie of Benefices concerning which there is an Arrest of the Parliament at Bourdeaux of the 19 of Iuly 1524 in the same collection Pope Martin the fifth hath so agreed upon the case with King Charles the seventh concerning the possessorie of Churches Tythes Benefices and all other spirituall things
those as answere these to whose graver judgements hee submits both himselfe and these his weake endeavours in a modest confidence of their candid interpretation AN ADVERTISEMENT to the READER prefixed before the FRENCH Copie THis Booke is not for those that have made separation in point of Religion but for such good Catholiques as desire to see an holy reformation of it Here you shall finde the demands that were put up to that end at the Councell of Trent by the Emperour the King of France and other Catholique Princes not Protestants and the small regard that was had of satisfying them Here you shall read the tricks that were used both in this and some precedent Councels to wave that reformation which was so earnestly sought after and withall you shall understand a good many of the points wherein it consisteth The method which the Authour hath used may bee set downe in few words Hee makes two kinds of nullities one in the forme and manner of proceeding which he delivers in the first Book the other in the matter And these later consist either in denyal of justice which is handled in the second Book Or in the injustice of the Decrees themselves concerning which he sets downe two maxims The first that they advance the Pope to an unlawfull power stripping Councels Clergy yea Kings and Princes of that authoritie which belongs unto them to transferre it upon the Pope and this is proved in the third fourth fifth and sixt Books The second that they pull downe the honour and authoritie of Christian Princes and Secular powers which is treated of in the last Book See here the subject wherein many learned men both Devines and Lawyers have travailed long agoe before the names of Luther and Calvin and such as embrace their doctrine were ever heard of which doctrine is not here defended nor shall you find any thing that concernes them in particular The ancient liberties of the Church are represented here in divers passages the very same with those that carry now the name of the Gallicane Church whither they made their retreat when they were chased out every where else yet not without danger of being lost and that not in part but in whole by a blow from Trent VVhich would plunge us again into those miseries wherof our Ancestors begun to bee sensible long agoe which they have left unto us by tale upon record in the ancient Histories and Edicts of our Kings the Rolles of the States General the Remonstrances of the Courts of Parliament and many other ancient Monuments Nor doth it lesse concerne the interest of our Soveraigne Lord the King whose honour and dignitie are shamefully disgraced his authoritie vilified his power rebated with a generall prejudice to all the French who in particular are egregiously wronged in divers things as may be fully knowne from this discourse You must further observe that the Authour was not willing to meddle with what properly concernes divinitie as unwilling to transgresse the bounds of his profession or speake any thing upon this occasion of those demands which were made by Catholique Princes in this Councell touching the reformation of abuses about Images Pilgrimages Reliques of Saints keeping of Holy dayes convenience of the marriage of Priests Communion in both kinds celebration of divine service in a vulgar tongue and such like contenting himselfe with a bare mention of those demands and no more A SVMMARY OF The Chapters BOOKE I. Chap. I. Pag. 1. 1 THe many abuses of the Pope and Court of Rome The occasion of calling this Councell How the Popes sought meanes to decline it How politiquely they carried themselves in it in the election of thâ— place admittance of persons and passing of Decrees The great account they make of it 2 No noâ—â—lâ—y 〈◊〉 oppose the Pope or a Councell Ancient bickerings of Popes with the Emperours of Germany With the Kings of England 3. c. With the Kings of France 8 Where the Kings were assisted by the Parliaments Vniversities Devines Lawyers Prelates and other Clergie both severall and in Councell 9 10 Councels against Popes 13 Harsh letters to Pope Nicholas 14 15 Councels suborn'd by Popes against Princes 16 The Councell of Ferrara or Florence not admitted at all in France 17 That of Basil but in part That of Lateran totally rejected The Councell of Trent more usurping than any than all these Chap. II. p. 12. 1 SEverall instances made to the Kings of France for the receiving of this Councell but still rejected As to Charles the ninth by the Pope the Emperours and other Princes 2 His answer to their demand 4,5 Instances made to Henry the third by the Clergie of France With severall Orations to that purpose 9 His answer to the King of Navar. 13 Hee further importun'd by Provinciall Councels 15 All these instances made by the Popes iâ—stigation 16,17 Who use to serve themselves of the Clergie against Princes 19 The rejection of this Councell never objected to this King by his accusers 20 Some things ordain'd consonant some things contrary to this Councell Chap. III. p. 20. 1 THe Pope was a party and therefore could not call the Councell nor be judge in his owne cause 2 According to his owne Canon law Besides there were severall Appeales from him put up by Luther the Archbishop of Cullen the Vnivositie of Paris the Protestants of Germany and therefore he was disenabled from being Iudge of the Appeale Chap. IV. p. 21. 1 THat the Pope stood in need of reformation and therefore incapable of being Iudge 2 Confessed by Pope Adrian 3 By the Councels of Constancâ— 4 Basil and Pisa. Yet nothing reform'd Chap. V. p. 23. 1 PRotestants were condemned before they were called to the Councell and may therefore justly refuse it 3 The Pope knownly hated them therefore they needed not obey his summons 6,7 An enemie should not be a Iudge Chap. VI. p. 25. 1 WArres on foot in the time of the Councell 2 Complain'd of by the Protestants 3 Confest by the Popes 4 Approved by the Councell 5 As the Parman warre 7 And civill warres of France 10 Whereby many were hindred from going to the Councell 11 And therefore ought not to be prejudiced by their absence 12,13 The Councell question'd whether continued or ended Chap. VII p. 30. 1 DEmands that the Councell might be kept in some free place made by the Germans 5 By the King of England 6 By the King of France 7 As formerly by the Pisan Fathers 8 Their Apologie 10 Trent no free place but subject to the Pope 11 Letters of safe conduct no good security 12 Of what consequence the place hath beene anciently reputed 13 By Pope Iohn the 23. 14 Summons to a place not safe are invalid 15 And have beâ—ne so judg'd by Popes 17 And Canonists 18 Where the place of judgement is not safe there may be an Appeale Chap. VIII p. 36. 1 ALL were not called to this Councell that should have beene 2 Noâ—
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
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
Peter Daves at the first Trent Councell CHAP. V. That the Pope had passed sentence before and that he was moved with hatred against those whom hee summoned to the Councell 1 COmplaint is also made that the Pope should shew himselfe so passionate that before the calling of the Councell and after that before the holding of it hee condemned the doctrine of those who were summoned to appeare there in judgement and declared them to be heretiques which gave them just occasion of suspition and instructed them to goe wisely and warily about their businesse By reason whereof they say they cannot justly bee blamed for desiring to quit his jurisdiction and making so much adoe about the forme of the Councell and the persons of the judges seeing these are things which must be looked to at first and before wee enter the lists Now that their doctrine was condemned by them who desired to be their judges is verified by the Bull of Leo the tenth bearing date the 8. of Iune 1520 where after he hath reckoned up Luthers opinions concerning the Sacraments of the new testament the Eucharist repentance contrition confession satisfaction absolution veniall and mortall sinnes indulgences the Popes excommunications priests generall councels workes heresies free-will purgatory and the Catholick Church he decrees as followeth Wherefore by the advice and consent of our reverend brethren and by their mature deliberation by the authority of Almighty God the blessed Apostles Peter and Paul and our owne we condemne disprove and totally reject all and every the foresaid articles or errours as hereticall either scandalous or false or offensive to piouâ—â—ars or tending to the seduction of simple soules and contradicting the Catholique truth And we decree and ordaine by these presents that by all faithfull people of both sexes they bee holden for condemned disproved and rejected 2 It may be answered that Pope was dead when the Councell was held and another sat in his stead whereof they needed have no such feare To which we reply that there was indeed an alteration of the persons but not of the conditions nor proceedings For Paul the third when hee begun the Councell at the very same time which he designed for the calling of it declared that the end of it was the extirpation of the Lutheran heresie as appears by a Bull of his bearing date the 23. of August 1535 entitled Deputatio executorum super reformatione Romanae curiae marke the words of it Whereupon we desiring to provide for the Church and to clense her of all her staines have determined to appoint and solemnize a Generall Councell upon earnest and urgent motives which concerne the state of the said Church and See Apostoliqueâ— and the extirpation of the plaguy Lutheran heresie and others having already dispatched our Nuncio's to Christian Princes for that purpose 3 This Bull came to the Protestants ear for heark what they say of it in the declaration which they made at the assembly of Smalcald 1537. Besides not only because the Pope is a party but seeing hee hath already condemned our doctrine long before hee is growne more suspicious And who can doubt what judgement will passe upon our doctrine in his Councell Yea more hee confesseth that the cause of publishing the Councell is that the new-sprung heresies may bee rooted out 'T is true that may beare a larger construction yet there is no question but he meanes of our doctrine seeing it is scarce credible that hee should speake of his owne faults And that it is so he hath published another Bull since about the reformation of the Court of Rome wherein hee confesseth down-right without any flattery that a Councell is called for the rooting out of the pestilent heresie of Luther Seeing the case stood thus they had beene mad to have put themselves upon that Councell to abide the judgement of him who had condemned them already Considering withall that Leo the tenth in the precedent Bull saith how he hath caused their doctrine to bee pronounced hereticall by a conclave of Cardinals and also by the Priours of the religious Orders and by a pretty company of Divines and Doctors in both the Lawes So that they had but even gone to be whipt as Hosius of Corduba to the Councell of Antioch in case they should have refused to subscribe to the determination of the Councell It is a folly for a man to cast himselfe upon such disasters and a peece of discretion to avoid them Maximus patriarch of Constantinople would not be seene at the Councell of Antioch because he foresaw that if he went thither he should be constrained to subscribe to the deposall of Athanasius for which he was never yet blamed by any body To conclude this point it is holden for a ruled case in law that a judge who hath discovered his opinion already may be refused much more hee who hath passed the sentence before he be made judge Adde we hereunto the mortall hatred of the Pope against Protestants the Pope I say who calls the Councell who summons none to judgement but his owne creatures who must preceed there either in person or by his Legats and must be supreme moderator and judge in all things This point of the Popes enmity against protestants and all those who have ridde themselves out of the Popes servitude is so well knowne that it needs no proofe Henry the eighth King of England then a Catholique laid open the hatred of the Pope against him and his subjects as an excuse for not going to the Councell For he saith That the Pope hates him mortally putting him out of favour with other Kings as much as he can and that for no other reason but because he had cast off his tyrannie and had made him loose his yeerly rent and for this cause he could not come thither 4 Henry the second King of France complaineth also how Pope Iulius the third instigated by the ill will which he bore him without any sufficient reason had denounced warre against him during the time of the Councell depriving him thereby of the meanes of sending the Prelates of his Kingdome thither whereupon hee made those protestations which wee mention elsewhere This consideration makes a nullity in the Councell and serves for a lawfull excuse to such as would not goe thither For in this case hee who is summoned to a Councell is not bound to appeare So Athanasius saith Theodoret knowing the hatred of his judges against his cause went not to the Councell of Cesarea Which was purposely called for him and yet no man ever said ill did he 5 Anastasius Bishop of Perrhenue was three times summoned by his Patriarch before he was deposed and yet that deposall was judged unjust by the Councell of Chalcedon after it appeared that he was his enemy 6 Pope Gelasius speaking of the Bishops of Constantinople with whom he had some bickerings saith something which is very remarkable
one or two his chiefe care was that it might not be in any place where the Emperour was the stronger party Which notwithstanding fell out against his will which almost made him to despaire The Legats being returned to the Pope say those Chronicles meaning Iohn the three and twentieth and having certified him of the place of the Councell which was agreed upon he had like to have gone mad by reason of the excessive griefe he conceived thereupon and cryed out hee was undone and began to cast about for the alteâ—ing of it But all his counsellors lying their heads together could never invent a pretence faire enough to bring that about Nauclerus hath the very same in a manner who brings in the testimony of Aretin in this sort 13 We must not omit saith Leonard Aretin a memorable accident which fâ—ll out then whence we may learne that all things are disposed from aboveâ— The Pope saith he had secretly imparted unto me his intention and designe he was the Popes Secretary saying unto me All depends upon the place of the Councell I will not have it in a place where the Emperour is stronger than I wherefore I will give a large commission and authority to the Legats whom I shall send for fashion sake which they may shew in publique but in private I will restraine their power to certaine places and he told me the number of them Persisting many dayes in this minde the time came that he must dispatch the Legats Then having caused all other to avoid the roome my selfe onely excepted saith Leonard he communed secretly with the Legats and exhorted them with many arguments to be diligent in performing the charge of their legation representing unto them how the businesse thâ—y were sent about was of great importance then coming to curry favour with them he commended their discretion and fidelity saying they knew better what was fitting to be done than he himselfe did While hee was speaking and repeating these things his affection did alter in a moment a plot which was long before intended I had purposed said the Pope to nominate some places to which and no other you should condiscend but I have changed my minde at this very instant and leave all to your discretion consider with your selves what will be safest for me and what I need be afraid of Then in their presence hee tore the Paper wherein the names of those places were writ without naming any place at all to them The Legats being dispatched towards Sigismond pitched upon the City of Constance for the place of the Councell which was within the Emperours dominions But when Pope Iohn heard of it you would not thinke how he was grieved at it hee cursed himselfe and his fortunes But there is no resisting of the will of God God had ordained long before that there should be but one â—â—ock and one shepheard 14 Amongst other nullities the States of Germany assembled in the Diet at Francford the yeere 1338. doe urge against the sentence and proceeding of Pope Iohn the 22. and his Councel concerning the excommunication of Lewes the fiâ—th the little safety in the place appointed for the Emperour to make his appearance at That the citation say they in a Decree which runnes in the Emperours name binde the party assigned to appeare it is requisite there bee a time appointed him and that the place where he is to make his appearance be safe But it is notoriously knowne that this same Iohn doth beare a capitall hatred to us and hath with an army of souldiers pursued us our liegemen and confederates Besides the City of Avignon the Pope himselfe and the Lord of it have a long time hated both us and the Romane Empire wherefore it were senslesse for any man to say that such a summons was Canonicall for on the contrary it is utterly void and invalid in law 13 The authority of Clement the fifth may serve to prove that those who are summoned need not appeare but in a place of safety in as much as his disanulling of the sentence of condemnation pronounced by the Emperour Henry the sixt against Robert King of Sicily was mainly grounded upon this very consideration It is a thing evident and unquestionable saith he that during the time of this proces and quarrell even then when the sentence was given there was alwayes a great army about the Emperour that pursued the King and his partakers with mortall hatred and that the City of Pisa where the sentence was given had an ancient grudge against the said King as every body knowes Supposing then that the King was lawfully cited upon those grounds by the Emperor was he bound to come before a judge that was accompanied with a great army one that hated and was incensed against the party summoned as was said before Was he bound to appeare in a populous place of great strength and which bore hatred towards him who durst doe so or by what râ—ason should any man be bound to bide his doome in such a Consistory to cast himselfe into his enemies bosome to present himselfe voluntarily to die and that for no just cause but by an open injury He were a foole that would thinke such a citation bound the party cited to make appearance 16 All these considerations hold good against the Councell of Trent For besides that all the Cardinalls all the Archbishops Bishops Abbats Priours and others that bore place in it were enemies to the Protestants and to them that were out of favour with the Pope the City was at enmity with them and the Lord of it Moreover the Popes armies were almost continually abroad in Campania during the time of the Councell either against the Protestants or against the King of France or upon other occasions as we shall shew anon 17 Nicholas the first speaking of the suit which was betwixt King Lotharius and his Queen Thieberg whom he put away from him ordaines that the cause shall bee debated in a place of safety where they need to feare nothing Wherefore it is fitting saith he to procure such a place where the force of a multitude needs not to be feared And the glosse upon it This is an argument that the judge is bound to provide a place of judgement for the hearing of the cause where the parties may meet freely and safely Which glosse is approved by the common opinion of the Canonists 18 Innocent the third will have it to be a just occasion of appeal when the party is appointed by the judge to come to a place which is not safe As often saith he as you shall be summoned before any judges if it be dangerous to appeare before them you may lawfully become appellants 19 Innocent the fourth speaking of the satisfaction which he offered to make the Emperour Frederick and referred it to be determined by Kings Princes and Ecclesiasticall persons whom he offered to call together in
some place for that end makes expresse mention of the safety of the place Wee are ready saith he to assemble Kings Prelates and Princes both spirituall and temporall in some place of safety And the glosse upon this A judge should appoint such a place or else there is a just cause of appeal although it bee said that no appeal shall be admitted 20 Ivo Bishop of Chartres complaines of the Popes Legat because he had chosen the city of Bloys there to decide the cause of the Clergy of Chartres who could not repaire thither with safety by reason of the populacy of that City 21 The same Bishop having a controversie with some of his Clergy depending before the Archbishop of Sens his Metropolitan intreats him to appoint a place for judgement whither they might goe and come with safety 22 The Legat we spoke of having appointed a Councell consisting of French Bishops to meet at Sens for the absolution of King Philip the first from the excommunication which was darted out against him by the Pope by reason of his unlawfull marriage hee gives him notice that hee might have done better to have proceeded to that absolution in another place then Sens that so every one might have had meanes to speake his opinion freely 23 The Doctours of the Canon law doe all agree that an exception against the safety of the place is pertinent and ought to be admittedâ— that it is good both by the Civill law and the law of nature that a man summoned to a place where any danger threatens him is not bound to appeare nor to send his proctour and that a judge is bound to assigne the parties a place of safety for the hearing of their cause otherwise there is just cause of appeal CHAP. VIII That all those who ought to have had a decisive or deliberative voyce in the Councell were not called 1 COmplaint is made also that all those who ought to have had a consultative or deliberative voyce in the Councell were not called thereunto Paul the third by his Bull dated in May 1542 and Pius the fourth by his in November 1560 call none to that Councell to deliver their opinions but Cardinals Patriarchs Archbishops Bishops Abbats and Generals of Orders They doe not mention in expresse termes either the first or the last of these but yet they are comprehended under those words All others whosoever which are restrained to them alone For this sense the Popes expositors put upon them and this is the form which is received in the Church of Rome witnesse Bellarmine and those whom he urgeth Nor was there any but those who had voices in the Chapter of the Councell All the petty Ecclesiastiques had nothing else to doe there but to pick their fingers or to pen neat speaches of such matters as were there treated of But for decrees those lettice were not for their lips All this is confessed by the Doctors themselves yea and defended too The Popes whom I named exhort those whom they call thither that they should not faile to come there yea they straitly injoyne them by vertue of that oath which they have taken to them and to the Holy See which cannot be referred neither to Protestantsâ— nor any other that have drawne back from their obedience to him nor yet to Lay men howsoever obedient 2 Hence two complaints arise one that the Ecclesiastiques of the Protestants side being they could not have a deliberative voice there had nothing to doe to goe thither The other that the Laiques of both religionsâ— have ground of complaint being excluded from this judgement As for the firstâ— when any controversie arose diverse courses have beene taken to compose the differences in religion Sometimes the Emperours have appointed judges before whom both parties came and discussed their opinions freely Phâ—tinus Bishop of Smyrna being accused for a heretique by the Councell there was afterwards admitted to dispute with the Catholique Bishops In which dispute saith Sozomen certaine judges were ordained for presidents of the Councell who from that time forwards were accounted men of prime rank in the Palace both for knowledge and dignity After many objections and answers pro and con Basil Bishop of Ancyra who defended the doctrine of the Catholiques got the victory and Photinus was condemned and sent into banishment At the generall Councell of Chalcedon which consisted of six hundred Bishops there were diverse officers of the Emperours Valentinian and Marcian and a good number of Senators that came to preside there yea and to judge of all differences and controversies even such as concerned faith and religionâ— who behaved themselves so that in some points they swayed that great company of Bishops by their advice As we have observed more particularly in the title of the presidency in Councels Honorius the Emperour to lay the quarrels that were in his time between the Catholiques the Donatists in Africk called them all together at Carthage and deputed Marcellinus one of his officers to bee judge who after hee had heard all along the reasons on both sides pronounced the sentence of condemnation against the Donatists Wherein he saith amongst other things 3 To the end that apparent errour may undergoe the yoke of revealed truth by the authority of this present Edict I advise all men of what condition soever landlords stewards and farmers as well which hold of the Crowne as of private possessions with the Ancients in all places that not forgetting the lawes their own dignity honour and safeguard they doe their endeavour to hinder all Conventicles of the Donatists in all townes whatsoever who shall be bound to surrender up to the Catholiques those Churches which I allowed them of courtesie untill the day of sentence without commission from the Emperour 4 Possidius that writ the life of St. Austin reports as much in plain terms This happened mainly saith he by occasion of the conference which was at Carthage betweene all the Catholique Bishops and the Donatists by the command of the Emperour Honorius who sent Marcellinus the Tribune into Africk to be judge in that collation In which controversie the Donatists being throughly confuted and convinced of errour by the Catholiques were condemned by the sentence of the judge He addes moreover that they appealed from that sentence to the Emperour and that they were afterward condemned by him and declared heretiques 5 Pope Miltiades also with some other Bishops had passed sentence in that cause but the Donatists being not well content with his judgement the Emperour remitted them afterwards to the Bishop of Arles as St. Austin relates That which Cardinall Iacobatius a stickler for the Popes authority saith is very remarkable that lay-men were sometimes admitted to Councels to bee judges betwixt those that canvassed some deepe point Hereupon saith he in a Synod holden in a Councell before Constantine and Helena where it was disputed whether
the Iewish law or the Christian should bee preferred Craton the Philâ—sopher who would not possesse any worldly goods and Zenosimus who never received present from any one in the time of his Consulship were appointed for judges With which doth accord to speake it by the way but not much from the purpose that saying of Gerson the learned Chancelour of Paris There was a time when without any rashnesse or prejudice to faith the controversies of faith were referred to the judgement of Pagan Philosophers who presupposing the faith of Christ to be such as it was confessed to be however they did not beleeve it yet they knew what would follow by evident and necessary consequence from it and what was repugnant to it Thus it was in the Councell of Nice as is left unto us upon record So likewise Eutropius a Pagan Philosopher was chosen judge betwixt Origen and the Marcionites who were condemned by him 6 When any upstart opinion or heresie was broached the manner was to proceed against them by assembling Councels against the authors of them whom they condemned together with their heresies which they were forced either to abjure or to suffer banishments and other punishments Hereof we have examples in store so well known that we need not set them down 7 Sometime they had free Councels unto which it was lawfull for the Bishops of both sides to resort dispute and deliver their opinions We have some examples hereof which would suit very well with these times and which we ought to imitate The two Emperours Constans and Constantius the one a Catholique the other an Arrian the one of the East the other of the West to decide the controversies in religion agreed together to call a free and generall Councell at Sardis whither all the Bishops of both parties might have meanes to repaire with all safety Which was done accordingly Then was there a generall Councell appointed saith Socrates and ordained that all should repaire to Sardis a City of Illyrium which was done by the joynt consent and agreement of tâ—e Emperours the one having required so much by his letters and the other of the East having willingly embraced the motion By the consent of both Emperours saith Sozomen it was ordained that the Bishops of either part should meet at Sardis a City of Illyrium upon the day appointed 8 The Councell of Ariminum consisting of above foure hundred Bishops almost all of the West and that of Seleucia of above an hundred and six Eastern both holden about the same time were of the same nature with this For all the Bishops both Catholique and Arrian were without distinction admitted thither both to dispute and to determine The Bishops in those daies were not sworne to the Pope nor did he take upon him to call them but the Emperours who summoned such as they thought good This manner of calling Councels with all freedome is then mainly required when the number of beleevers on both sides is great when the complaints are formall and when there are some ancient opinions defended by whole Provinces and Nations When the case stands thus it is no proceeding by censures and condemnations the one side against the other when all comes to all there is nothing got by that But then they must take a faire way come to conferences treaties of agreement and arbitration This course was taken with the Greek Church in the time of the Councell of Ferrara The Greek Bishops were seated amongst the Latines they conferred together they disputed and gave up their opinions without any advantage the one over the other either for judgement or number and the issue was so happy that in the end they came to an accord The Popes for a long time branded all the French for Heretiques by reason of that poore Pragmatique Sanction which hath beene as much vexed by the Popes since as ever was Psyche in Apuleius by offended Venus Yet in the upshot they are come to those termes of accord and articles of agreement under which we live at this instant 9 Innocent the fourth after he had excommunicated the Emperour Fredericke he and all his Councell make this profer to him in case the Emperour did complaine of injustice to referre the matter to the Kings Prelatesâ— Princes spirituall and temporall assembled about it in a place of safety Why is not the like put in practice now adayes towards those which complaine of this Councell and are ready to defend their cause and justifie theiâ— right 10 This calme way hath beene sometimes attempted in Germany not altogether without successe It hath beene also practised in France when the conference was at Poissy yea and that with such successe that the grand controversie touching the reall presence in the Eucharist so much canvassed amongst us now adayes was there composed by the twelve deputies in spite of all the opposition made by those that envy the quiet of France And what great matter were it to try that way yet once againe by generall or particular conferences We must of necessity be driven to one of the two meanes formerly proposed to wit either that Christian Princes appoint certaine Iudges some Clergy men some Lay men an equall number of both religions or that there bee a friendly meeting about it where they may continue victorious right or wrong as most doe now adaies but with a holy desire to live from thenceforth in peace or stop the veines that have shed so much blood For to have recourse to the rigour of the formalities and caltrops of the Councell of Trent is but for men to cosen themselves the event hath proved the designe to bee naught This Councell instead of appeasing the troubles did excite them and invenomed those mindes which were exulcerated before In stead of setling the repose and unity of the Church it raised warres in Germany the Low Countries and in our France not onely during the time of the sitting but afterwards and this is the reason why King Charles did earnestly sollicit the Fathers there by his Ambassadours to the embracing of peace Marke what the Cardinall of Lorrain sayes to them about it in his learned Oration 11 The most Christian King although hee be throughly perswaded of all these things and expect nothing from us which may make against them yet there are two things whereof he puts you in minde out of the good will he beares towards the Synod and the great vexation he endures by reason of these differences in Religion First that as much as we can we avoid all new controversies that wee lay aside all uncouth and impertinent questions tâ—at we bend all our forces as much as we may to effect that Princes and Provinces would give over their warres Wee must be farre from any desire of stirring up warres that so they who have departed from us and are cut off from the Church of God may not thinke that this assembly was rather
our said Cozen the Cardinall of Ferrara his Legat hath promised unto us on the behalfe of his said Holynesse and whereof indeed he hath already made great overtures for these causes and other considerations us thereunto moving having a regard unto the foresaid remonstrances made unto us with the advice of our most honoured Lady and mother the Queene the Princes of our bloud and our Privy Councell we have removed and taken away and doe hereby remove and take away the prohibitions aforesaid and the penalties annexed to be imposed upon the offenders against them by our Edict and Ordinance of Orleans and doe make void the Ordinances aforesaid for the reasons before mentioned 24 The Councell of Trent was holden at the time when this declaration was made from which our King expected a great reformation concerning the premises and particularly considering what assurance the Pope had given him hereof But all in vaine Whence it followes that the cause of this suspension ceasing the effect should cease likewise and that therefore we are under the Ordinance of Orleans which was just and good to the observation whereof we ought the rather to bee inclined in as much as wee understand by the testimony of the Court of Parliament and the accounts hereupon made by it unto Lewes the 11 that by reason of Vacancies Expectatives and such like meanes there goes almost a million of crownes from hence to Rome every yeere Which is further confirmed by the testimony of the Ambassadours of the Archbishop of Magdenburg in Germany who was present at the Councell of Basil who hath left upon record that he learned from the Archbishop of Lyons then living that during the Popedome of Martin the fifth who sate 14 yeeres there were carried to Rome out of this Realme of France only nine millions of Crownes without reckoning what was brought in by the Clergy-men of inferiour quality 25 It is reported by an English Historian that Henry the 3 King of England in the yeere 1245 caused an estimate to be taken of the pure rents which the Pope had out of his Kingdome and that it was found they amounted to as great a summe of money as all that he himselfe received out of his Realme nor reckoning divers other commodities beside The like is affirmed by all England together in an epistle sent to Pope Innocent the 4. where it is said That he received more pure rents out of England than the King himselfe who is the guardian of the Church and the governour of the Kingdome And hereupon the the transporting of gold or silver to Rome was forbidden in this Kingdome by many good Statutes made at severall times Saint Lewes who amongst divers others made one hereabouts expresly forbidding all such exactions was neverthelesse Canonized for a Saint King Charles the 6 Henry the 2 Charles the 9 and others were never thought the lesse Catholique for this nor the people of France that demanded it in their Councels of State ever reputed the lesse zealous in Religion For by this meanes the Popes and Cardinals would be the more honest men for there is nought that spoiles them but too much ease and wealth And so they should both cleare themselves from that infamous crime of Simony which all Christians detest and abhorre and also acquite all those that barter with them who according to the opinion of Devines and the sentence of the Parliament of Paris in the 71 Article of their Remonstrance share with them in the sinne also For to beleeve the Popes flatterers who goe about to perswade them in their filthy writings that though they practise Simony yet they cannot be Simoniacall this were to hood winke the eyes against all truth and to sleep in a blind ignorance The men who were the most eminent for learning in the time of Pope Paul the third who were bound by oath and adjured by him upon paine of excommunication to tell him the truth concerning the reformation of the Church told him plainly amongst other things That it was not lawfull for the Pope and Vicar of Christ these are their very words to make any gaine out of the use of the power of the Keys committed unto him by Christ For it is Christs command say they Freely yee have received freely give 26 The Emperour Ferdinand in his demands put up at the Councell of Trent required that the ancient Canons against Simony might be restored Now these ancient Canons bind the Pope as well as other Bishops and you shall finde no exception for him there but our Councell had no leasure to thinke of this I could here make a large discourse of the Reservations of Bishopriques and other dignities and benefices Ecclesiasticall of the granting out of Graces and the next voydance of benefices of mandats of provision and other wayes which the Popes have used and doe use to this day to enhanse their revenues The Ordinances of our Kings are full fraught with complaints made concerning this particular as are also the works of divers authors All those that ever medled with reformation put alwayes up some Articles about this point The deputies of Paul the third have a whole Chapter of it in their Councell The Councell of Basil and the Pragmatique Sanction hath condemned them The King of France desired the like in his demands Yea and the Councell it selfe hath taken an order with them but it is with reservation of the Popes authority above all which is as much as to put a gull upon all Christendome seeing the reformation in this case was demanded onely against him inasmuch as he is the man from whence all the disorder proceeds And after this all that are acquainted with the Court of Rome doe very well know and can testifie how the Pope doth still practise these meanes and whether all the decrees of this Councell have debarred him of dispensing his favours 27 The Popes not content with the gold and silver which they get by these meanes doe use taxes and tributes besides like secular Princes not only upon Clergy men but Lay men also yea upon whole Princes and Kingdomes Gregory the 9 the yeere 1229 demanded of the Kingdome of England the tenth part of all the moveable goods as well of the Laity as Clergy to maintaine his warre against the Emperour Frederickâ— telling them that he only had undertaken that war in behalfe of the Church Catholique Which demand Henry the third King of England saith an English Monke having passed his word to the Pope by his officers for the paying of those tenths had no way to gainsay But the Earles and Barons and all the Laity did oppose it refusing to engage their Baronies and demaines As for the Bishops Abbats Priours and other Prelates after three or foure dayes consultation they at last condescended to it with a great deal of murmuring fearing the sentence of excommunication in case of refusall as the Monke hath it word for
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
by the Nobility of France upon occasion of such usurpations Yea in so much that they put out a very bitter declaration which startled him a little as the English Historians doe record Loe here a piece of it All we prime men of the Kingdome perceiving out of our deepe judgement that the Kingdome was not got by Law written nor by the ambition of Clergy-men but by the sweat of warre doe enact and ordaine by this present decree and by joynt oath that no Clerke nor Layman shall sue one another before the Ordinary or Ecclesiasticall Iudge unlesse it be in case of heresie marriages and usury upon paine of confiscating all their goods and the losse of a limbe to the transgressors hereof for which certaine executioners shall be appointed that so our jurisdiction being resuscitated may revive againe and those who have enriched themselves by our poverty amongst whom God for their pride hath raised up prophane contentions may be reduced to the state of the Primitive Church and living in contemplation may shew us those miracles which are fled out of the world a long time agoe and wee in the meane time lead an active life as it is fitting The Historian addes The Pope having heard these things sighed with a troubled minde and desiring to appease their hearts and breake their courage after hee had admonished them he frighted them with threats but he did no good for all that 4 The King of England in imitation of our French made also a Statute for the preservation of his justice The same yeere 1247 saith Matthew Paris the King of England following the example of those Lords that made these Statutes in France which were approved and sealed by their King to tame in part the insatiable greedinesse of the Court of Rome ordain'd that these things following should be inviolably observed To wit that Laymen should not be convented before an Ecclesiasticall Iudge in case of perjury or for breach of promise Gregory the seventh kept a fine decorum when after hee had deposed out of hand the Emperor Henry the fourth when he was doing his pennance at Rome and created Ralph in his stead he would afterwards be the judge of their controversie to see whether had the wrong A Germane Priest makes mention of the pennance appointed to the said Henry whereof wee speake in another place he saith moreover that in the time of the vacancy The Pope sent a crowne of gold to Ralph Duke of Suevia accompanied with a verse which we have cut into two as good as the Latine Petra dedit Romam Petro tibi Papa Coronam The Rocke gave Peter Rome in fee The Pope bestowes the crowne on thee He addes that the Pope commanded the Archbishops of Mayence and Cullen and other Princes and Bishops of Germany to take Ralphs part and to make him Emperour which was done accordingly That the Bishop of Strasburg the Emperours great friend going to Rome after hee had sought him diligently a long time through the City and found him in the places consecrated to the Martyrs and told him of the new election and how much it concerned him to goe to Germany in all haste to â—ll â—nfort â—his friends and repell the force of his enemies the Emperour making â—omewhat nice of departing without the leave of the Sea Apostolique the Bishop enformed him that all the mischiefe of the treason proceeded from the Romane treachery and that it was necessary he should flie away privily if he would avoid being taken 5 The case being thus let us now heare the narration which Gregory made hereof in his Bull of excommunication and his pretence for the judgement Certaine Bishops and Princes of Germany saith he having been a long time vexed by that wilde beast in stead of Henry who fell from the Empire by reason of his offences chose Ralph of Suevia for their head and King who using such modesty and sincerity as befits a King sent his commissioners forthwith unto me to give me to understand that he undertooke the managing of the Empire against his will That notwithstanding hee was not so desirous of reigning but that he lov'd rather to obey us than those who promised him the Empire That he would be alwayes under our power and Gods and to the intent we may be assured that he will be so he hath promised to deliver his children unto us for hostages From thenceforth Henry hath begunne to vexe himselfe and intreat us at first to repell Ralph from usurping the Empire by anathema's I replyed that I would see who had the right and that I would send my Nuncio's to examine the whole businesse and afterwards I would judge who had the better cause 6 They have gone so farre in this point that they have attempted to exercise jurisdiction over Kings and Princes in their owne cause as Boniface the eighth who having a controversie with King Edward the first of England touching the Realme of Scotland which the Pope said belonged to the Church of Rome he writ to him That if he pretended any title to the Realme of Scotland or any part thereof he should send his Proctours and speciall Ambassadours to the See Apostolique with all his rights and instruments belonging to that particular there to receive full justice upon the premises The King of England caused answer to be made unto the Pope by the chiefe Lords and Barons of his Kingdome assembled together in Parliament as they call it where they say concerning this point That the Kings of England have not nor ought not to answer for the titles which they pretend to the said Kingdome or other temporall matters before any Iudge Ecclesiasticall or Civill by reason of their royall dignity and prerogative and the custome inviolably observed in all ages Wherefore after mature deliberation and advice about the contents of your letters the common and unanimous consent of all and every one of us was and shall be without starting for the future that our King ought not any way judicially to make answer before you concerning his right to the Kingdome of Scotland or other temporals nor in any wise submit to your sentence or bring his right in question and dispute or send his Proctours and Ambassadours before you for that purpose and we doe not allow nor will in any wise allow what we neither can nor may that our King if he would doe the said things which are inusuall unlawfull prejudiciall and unheard of nor that he goe about to doe them in any wise 7 Innocent the fourth saith another Historian caused Henry the third King of England to be summoned before him to answer to one David a vassall of his and to give him satisfaction as hee said for some injuries which hee had done him this thing was derided and made a mocke of among many 8 They have not only attempted to determine of profane matters between Lay men but which is more to disanull
Church and Empire 2 Nicholas de Clemangiis after hee hath discoursed of all the vices of the Popedome and those of the rest of the Clergy which he deriveth like petty rivulets from that great fountaineâ— applies in fine the ancient Prophecies to the See of Rome and bespeaks her thus Rowze up thy selfe now at last from thy too long slumber O happy sister of the Synagogue awake one day moderate thy drunkennesse that I may so say wherin thou hast sleeped too long see read and understand this prophet and the rest if yet thy drunkennesse have not quite bereft thee of all sense and understanding if there bee yet any sparke of sound judgement remaining in thee search the words of the Prophets and thence consider thine estate and thy confusion which sleepeth not but is neere at hand Thou shalt see what ends are prepared for thee and how that now is the time that thou crouchest under these villanies with danger but if thou wilt not heare the Prophets nor beleeve that they spoke of thee when they denounced so many miseries thou cheatest and deceivest thy self by a too dangerour errour for it is of thee they spoke and thou may perceive if thou hast not lost all sense that all those curses which are denounced shall fall upon thee But suppose their prophecies aime at another thing what thinkest thou of that Prophecie in the Revelation of St. Iohn dost thou not thinke at least that it concernes thee in some sort Thou hast not so lost thy shame with thy sence that thou wilt deny it Observe it then and read the condemnation of the great whore which sitteth upon many waters there behold thy fine pranks and thy future miseries Besides when thou observest how all Empires and Kingdomes how great large and potent soever they are have beene brought to nought by their pride and injustice when thou seest them turned upside downe and overthrowne and how on the other side thou hast so far abandoned thy humility which was thy foundation and lifted up thy horne so high how canst thou imagine that the foundation of humility being taken up and razed such a great weight of pride as thou hast built thereupon should not fall to the ground It is a long time since thy pride not able to withhold her selfe hath begun to fall downe but slowly and by little and little and therefore the downfall was not perceived by many but now it beginnes to fall headlong and like a torrent 3 Marsilius of Padua after hee hath represented all the Popish usurpations and the indirect meanes which they used at last resembleth the Court of Rome to the Image in Daniel which passage wee will here insert as fitting well with the whole tract concerning the reformation of the Head As for mee which have seene it saith hee speaking of the Court of Rome and who have beene there mee thinks I saw the terrible Image which Daniel tels that Nabuchadonosor saw in a dreame having the head of gold the armes and breast of silver the belly and thighes of brasse the legs of iron the feet halfe of iron halfe of clay for what is that great Image else but the state of the people of the Court of Rome or of the great Bishop who was anciently terrible to wicked men but is now horrible to bee beholden by all good men For the higher members of that Statue to wit the Head the breast and the armes what are they else to the eye to the desireâ— and to the embrace but gold and silver and the worke of mens hands the belly and thighes what are they but the noise and din of pleadings and processes for the goods of this world but calumnies and Simoniacall contracts as well of spirituall things as carnall the thighes of brasse what are they but the pompous preparations of pleasures of luxury and all kinde of vanities even such as are not fitting for Lay men which even they do stamp upon the minds of men who should be patterns of chastity and honesty The legs feet and toes of iron upon which the Image stands and which are partly of earth and clay what doe they import but the usurpation invasion and seazing upon Secular Dominions Provinces and Kingdomes by the violent power of armed men and overlaid with iron upon which they beare their superiour members the furnishing with gold and silver which invites the men of warre hereunto the belly also and the thighes of brasse by a promise which is often made both lowd and large by a cheating absolution of their sins and punishments and by an unjust condemnation and curse however harmelesse by â—eason of Gods protection of such as stand in defence of their owne liberty and will preserve the loyalty which they owe unto their Princes The basis of the feet and the toes of earth and clay which may therefore be brokenâ— what doe they denote but the inconstancy of the Court of Rome what doe they signifie but the open weaknes that I say not the falsenes and unjustnesse of those causes and occasions which the Pope takes to oppresse the faithfull people of Christ But according to the testimony of the same Prophet there must a stone fall upon this Image rent from the mountaine without hands that is a King whom God will raise up having chosen him by his grace from amongst all people giving unto him the power and Kingdome which shall not be transferred upon an other hee I say more by the strength and grace of God than by the worke and power of the hands of men shall first breake in pieces that piece of clay the feet upon which it unjustly stands making the false and unjust pretences or to speake more truely with the Poet those bald occasions appear unto all Princes people discovering their Sophistry refuting them by humane demonstrations and disanulling them by the truth of the holy Scripture And afterwards repelling the iron that is the barbarous and impious dominion and then the brasse that is the authority of reviling against Prince and people which it challengeth hee shall cause the tumults of Secular usurped jurisdictions and by consequence of processes and vexations to be husht hee shall cause the luxury of voluptuousnesse and the pomps of vanity to cease hee shall moderate the gold and silver that is the avarice and rapine of the Pope and those higher members of the Court of Rome and shall allow him the use of temporall things with due moderation 4 A certaine Chronicler writ a pretty while agoe that this King should come of the house of France and the race of Charlemaigne according to that which was prophecied of him Some say saith he that there is another common prophecy that some of the Carolingians that is of the race of King Charles and bloud royall shall have an Emperour of France by name Charles who shall bee Prince and Monarch over Europe and shall reforme the Church and
so the comparison may bee more easie 16 Of our full power Apostolicall we abrogate and anull and decree â—hat whatsoever hath been enacted declared and ordain'd by the Councell of Basil against us our Lawes and liberties and of the See Apostolique be invalid and of no effect Forbidding all Christians to obey or give eare to such decrees ordinances commandements and proceedings declaring that no man is tyed by any bond of oath promise or compact made with them of what estate degree or eminenâ—e soever he bee and whether he bee of dignitie Imperiall Royall Cardinall or whatsoever else Ecclesiasticall or Civill Let it not then be lawfull for any person to infringe or in a temerarious boldness to oppose this our declaration ordinance will command cassation abrogation and prohibition 17 Let us now examine all these clauses I. First of all hee declares that he proceeds therein with full power Apostolique Paul the third saith in his Bull dated in March 1544 Out of our owne proper motion and full power Apostolique II. Secondly he casseth and declareth that what was done by the Councel of Basil in prejudice of his authority is a nullity Pope Iulius the thirdâ— in his Bull of the 15 of December saith Wee decree notwithstanding that if any person whatsoever by any authoritiy whatsoever doe attempt any thing to the contrary it shall bee void and of no effect III. Hee forbids all persons to oppose his Bull out of temerarious boldnesse Hear Iulius in his upon that point Let it not therefore be lawfull for any man in the world to infringe this present Chart or out of a temerarious boldnesse to oppose it And here is all that can be said out of Pope Eugenius his Bull to the Councell of Basil. But this is not all of Pope Pauls to the Councel of Trent For behold hee hath yet more inasmuch as he commands his Legats To remove the Councell of Trent to what other place they please to suppresse and dissolve it in the said Citie of Trent and to forbid the Prelats and other persons of that Councell to proceed any further at the said Trent upon paine of Ecclesiasticall censures and punishments This might well have sufficed but to make up the upshot see yet more To summon the said Prelats and other persons of that Councell unto that City whither it shaâ—l he adjourned upon paine of perjury and other punishments expressed in the letters of Convocation This clause is so newfangle that the Popes never used it to any Councel before Yet neverthelesse poore Eugenius because he conceived such an enterprise was declared an heretique by the Councell of Basil and deposed from his Popedome Whereas these on the contrary have wonne the day and triumphed over the Councell over Emperours and Princes yea indeed over all Christendome These denouncings of punishments are formally against the Decrees of the Councels of Constance Basil and Pisa whereby it is said That the Pope hath no power to transferre a Councell without its approbation Which notwithstanding the foresaid Popes did by their Buls above-mentioned 18 It is said another decree of the Councell of Basil That the Pope hath no presidence either coercitive or authoritative above a Councel as they phraâ—â— it that is none which gives him any authoritie over it Which Decree was made with great and mature deliberation after they had spent a long time in the search of books and some Canons and had imployed the most learned men about it 19 The Cardinals that called the second Councell of Pisa made a complaint to the other Cardinals that were neare to Iulius the second because they had consented that they should be summoned with Ecclesiasticall censurâ—s to another place to keepe the Councell Wee were highly displeased that you should yeeld your consent or give your advice if that be so to such grievous admonitions and censures as are said to be pronounced against us and that namely summoning us by censures to a place which is notoriously suspected to us Yet nothing was done for all this for they let the Pope hold his Councell of Lateran at Rome while they celebrated their oâ—her at Pisa. 20 The Councell of Basil used another manner of language to Eugenius the fourth Let us heare what Platina saith of it Then the Pope being distracted with a doubtfull care because he was pressed with warres on every sideâ— and saw the Councell of Basill which was formerly begunne by Pope Martins Decree to encrease every day the Kings of Spaine France Germany and Poland sâ—ocking thither as râ—ferring the common cause of the Christian Commonwealth to the Councels arbitrement resolving with himselfe to breake off the Councell he transferred it first from Basil to Bonony with the consent of all the Cardinals that were with him But the Emperour and the rest of the Princes and Prelates then at Basil did not onely disobey him but admonished him two or three times to come with the Cardinals to Basil the proper place for the holding of the Councell and which had beene pitched upon by Pope Martin otherwise they would proceed against him as a prevaricator and contumacious person Eugenius being moved with these words confirmed the Councell of Basil by his Apostolicall letters giving every one leave to goe thither But all this which hee relates doth appeare yet more plainly by the reading of the Acts of that Councell to which I refer the Reader 21 As for the Popes authority which is alwayes reserved in all the Decrees of this Councell it is as extraordinary a clause as can bee imagined I confesse there was alwaies a great deale of honour given to this See of Rome in consideration it was the chiefe Citie of the Empire but to make such a reservation of his authoritie was a thing unusuall and unknowne 22 When the question was about condemning the Felician heresie because the author of it had beene formerly sent to Adrian the first and convicted in his presence therefore the Councell of Francford being to excommunicate the Bishops of Spaine did him so much honour as to make an expresse reservation of Pope Adrians priviledge Which is no generall priviledge comprehending any authoritie over Councels but onely a prerogative in that point which concerned the Bishops condemnation to the intent that the processe might be revised by his authoritie according to the Decree of the Councell of Sardis So likewise the first Councell of Ephesus did Pope Celestine the honour to referre Iohn Bishop of Antioch his cause to his judgement and that for the reason which we elsewhere relate But all this was done out of a prerogative of honour not out of any acknowledgement of the Popes superioritie over a Councell for it can never bee found that other Councels reserved the Popes authoritie over their Decrees 23 Besides this is a way to bring a tyrannie into the Church seeing hee that should have such an unlimited power not subject to any controll or reproofe
three Bishops to Rome to assist at the Synod which shall bee holden there Which cannot bee referred to a Generall Councell And for the rest no body denyes but the Pope hath the same power in respect of the Churches which depend upon him which the other Patriarches and Metropolitans have 11 But let us grant what they say of him There is nothing got by it it is a domestique testimony and of one that is himselfe a party Hee that hath at other times disputed the presidence of Councels is now in question himselfe in his owne cause and his successours Besides wee have spoken sufficiently elsewhere of the approbations and subscriptions of the Acts of Councels which were desired at the Popes hands that they desired as much of other Bishops to mantaine the union and intelligence of the Church from whence no advantage will accrue to the Pope and yetâ— for all the Councel of Lateran makes this a strong ground as neither from that which the Councell of Constance did which our Lateran Fathers have put in the list too thereby tacitly approving it Of whom I demand lastly Why then do they not observe its decrees touching the power of a Councell seeing they can finde no flaw in them They take at nothing but the Councel of Basil and this poore Pragmatique and that by reason of the sawcinesse of them as they intimate unto us by those words Which was likewise observed by the Fathers of Constance which laudable custome if those of Bourges and Basil had observed without doubt we should never have all this adoe This for the point of approbation which Councels required at the hands of Popes Let us then leave our Bourgeois and Basilians there and confesse they were to blame to exempt the Pope from trouble But what had the Councel of Constance to doe with it that the Decrees thereof must be abrogated for this Besides is it not a fine argument to conclude that the Pope is above a Councel because that of Constance demanded the approbation of their Decrees at his hands whereas by the same Decrees they make the Pope inferiour 12 See here all their reasons saving that they urge the abrogation of our Pragmatique made by Lewes the eleventh and consequently of the Councell of Basil. To which wee cannot answer but to the shame of Pius the second who having wrought wonders against the Popes at the Councell of Basil having even writ the history of all that passed there with exceeding approbation thereof when hee came to be Pope urged King Lewes with the performance of a promise which he had extorted from him when hee was Dolphin of repealing that pragmatique as soone as he should come to the Crowne and he never gave over solliciting of him by letters and Legats till hee had his desire So then the pragmatique was repeal'd by this Prince with the advice of a few but was set up againe presently after with the consent of many having perceived the prejudice done to France by him We must confirme all this by good witnesses 13 M. Iohn le Maire relates many things about this particular it is fit we heare him Forasmuch saith he as the Popes are not content that the pragmatique Sanction be in force although it bee founded upon the holy Canons and authorized by the Councell of Basil But it derogates from the insatiable covetousnesse of the Court of Rome and therefore they say it is a pure heresie Pope Pius the second imagined by all meanes to perswade and put it in King Lewes his head to abrogate and put all downe under colour as the Pope pretended that the said Lewes when he was then but Dolphin had promised the Pope that when hee came to the crowne he would abolish the said Pragmatique And to bring this about presently after the Kings coronation Pope Pius sent the Cardinall Monke D'Arras for his Legat into France The Legat being arrived in France put the King in minde of fulfilling his promise and the King being willing to condescend to the Popes desire at least making a show of so doing dispatched his letters patents in ample manner directing them to the Parliament of Paris and sent Cardinall Balue thither to have the Decree of the Lords of the Parliament thereupon But when the â—ase was discussed the auditory of the Court being present the Kings Atturney called Iohn de Rome a sharpe man of great eloquence and courage straight opposed himselfe against it boldly affirming and maintaining that a law so holy so redoubtable and of so great benefit to the kingdome ought not to be repealed In like manner the Vniversity of Paris joyned with the Kings Atturney and appealed from all the Popes attempts to a future Councell At which things Cardinall Balue a wary malicious and stout man was much offended and used big words but all this notwithstanding hee returned to the King againe without doing any thing And so our Pragmatique continues still in force save that the King did afterwards bestirre himselfe to cause his letters patents to be verified 14 Now that he made this repeale without counsell we prove from Pope Pius out of his letters gratulatory which he sent to him thereupon Meane while we commend that saith hee that you have determined to disanull this Pragmatique without the assembly or advice of many as the same Bishop hath given us to understand Certes you are wise and you bewray a great King to governe and not to be governed See here the good counsell of the Popeâ— but which did not thrive very well with him for this default made all be cancell'd Malum consilium consultori pâ—ssâ—mum Let 〈◊〉 heare yet his other elogyes concerning that repeale You were reserved till these times to restore her liberty to the Church of Rome by abolishing errours that is the Pragmatique And in another passage You doe what is meet knowing that the Pragmatique is godlesse you have resolved to abolish it out of your Kingdome The rest may be seene in the authour himselfe 15 But let us here observe the inconstancy of this Pius who saith in his Commentaries of the Councell of Basil that every one held the conclusion of the Bishop of Arles who presided there in admiration concerning the authority upon a Councel against the Pope as undertaken by the speciall favour of the Holy Ghost saith he In another place hee extols the integrity and devotion of those Fathers with exclamation matterâ— Now our Pragmatique is nothing else but the marrow and substance of the Councell of Basil yea but the very Decrees of it Now we demand of him Cur tam variè as our Practitioners speak Hee will give us King Francis his answer It is not for a King of France to revenge an injury done to a Duke of Orleance But rather it is for a Pope to defend the Popes cause That when he writ that as well as that which hee writ against the
Pope St. Gregory delivered Trajan from the paines of hell which are infinite by his prayersâ— therefore much more may hee deliver all those that are in Purgatory from their paines which are but finite by meanes of Indulgences Alexander of Hales one of the prime Divines puts a little mysterie in it for he saith that Trajan being raised up againe by St. Gregorie's prayers did penance and was baptized And indeed there was good reason he should passe through this formalitie But let us returne to our plaintives 50 The Councell of Trent was likewise pressed about this reformation by King Charles the ninth and by the German nation as appeares by their demands which wee have set downe elsewhere to which it was reason that some regard should have beene had Some will tell me that so there was If that be so I am farre deceiv'd Let us see how then Desiring that the abuses which are crept into them by little and little and by occasion whereof the worthie name of Indulgences is abused by heretiques may be corrected and amended the Councell doth by this present Decree ordaine in generall that all wicked gaines for the purchasing of them whence the main cause of these abuses amongst Christian people first sprang be utterly abolished But for the rest which proceeded from ignorance superstition irreverence or other occasion whatsoever seeing they cannot conveniently bee prohibited in particular by reason of the divers corruptions of the places and provinces where they are committed the Synod commands all Bishops that every one of them diligently observe the abuses of his Church and give notice of them at the first Provinciall Synod to the end that being knowne by the other Bishops also they may forthwith be presented to the Pope by whose authoritie and wisedome that shall be ordained which is expedient for the Church universall 51 See here processe is made against those under-rogues of Wallet-bearers and beggars which undertooke to sell these false spices in behalfe of the Bishops and other inferiour Officers But for the Pope his authoritie is preserv'd safe and sound as well in this as in all the rest His penitentiary taxe iâ— neither dead nor sicke for all this for they abolished onely all wicked gaines which arise from them Who dare bee so bold as to referre that to the Pope He should be damned for it a thousand times for want of Indulgences Iudge what reformation they will make of this matter which are the authours of this disorder which reape profit by it which build their greatnesse upon itâ— and who by that meanes make themselves omnipotent over weake and fearefull soules CHAP. II. Of Fraternities 1 ANd forasmuch as these large Indulgences whereof wee have spoke are most commonly granted to Fraternities as appeares by the Buls of them which have beene produced it is good reason we speake a word of them too King Charles the ninth in his demands required a reformation of the abuses of such Fraternities The Councell found nothing to be corrected in them but tacitly confirm'd them by ordaining that the administratours of them shall give account of their administration every yeare unto the Ordinary They were wary enough not to touch upon that point seeing it directly concernes the Popes authority By meanes of these indulgences and the superstition which hee useth in them he gaines millions of men unto himselfe who devote themselves so much unto him for the especiall favour which they suppose they receive by meanes of these indulgences that they doe not acknowledge any other superiour 2 Former times have instructed us that leagues and monopolies and conspiracies against the State have beene hatched in such Fraternities as these and that disorders and other unlawfull things have beene committed among them They have beene prohibited in all well policied Kingdomes and Common-wealths and particularly in our France where wee must observe that as they have beene instruments of trouble and dissolutenesse so they have beene judged hurtfull to peace and concord And for that reason they are condemned by the Edicts and Declarations of our Kings as the mothers or at least the companions of conspiracies for they are so joyned together by the same Ordinances as in that of Henry the third of September 1577. And all leagues associations and fraternities made or to be made under any pretence whatsoever to the prejudice of this our Edict shall bee utterly void and of no effect And in that of the same Prince given the 20 of December in the same yeare Wee expresly forbid all our said subjects of what qualitie soever they be to begin make or prosecute any league association or fraternitie amongst themselves to the prejudice of our said Edict of pacification The 44 Article of the conference of Flex saith in expresse termes All the foresaid to wit Provosts Maiors Consuls Sherifes of townes c. mentioned in the former Article and other Subjects whatsoever of this Realme of what condition soever shall depart from and renounce all leagues associâ—tionsâ— fraternities and intelligences as well within the Realme as without 3 Durant Bishop of Mâ—nde in the reformation which he presented to the Councell of Vienna holden in the yeare 1311. perswaded the abolition of these fraternities for two reasons for their dissolutenesse and â—or conspiracie against their superiours It would bee also usefull saith hee that fraternities wherein both Clergy and Lay doe nothing but sowle themselves with delicates live in dissolutenesse and drunkennesse and busie themselves in divers plots against their superioâ—rs were abolished There is at this day one in request in this Kingdome which we may and must beleeve to be both seditious and hereticall to wit that of the Recommendati to the blessed Virgin Mary otherwise called Confalonesi at Rome and in France The Order or Fraternity of the Chaplet the Order of Penitents the Order of Battu's all these are but one thing There are some poore innocents that enroll themselves among them thinking to find the salvation of their soules there and to enjoy the virtue of so many goodly indulgences Some of them pride themselves in going in a masque as it were and walking about the towne in a white or black or gray garment or of some other colour some with their white sandals and their sweet-meats in their pockets to throw at a sweet-heart as they passe along after they have cast many a pitifull amorous glance at her Another with a whip in his hand full set with prickes lancing himselfe and drawing bloud of his back who goes from street to street and Church to Church begging for mercie serving for a spectacle and an offence to all those that behold these antiques But the most part of them are Statesmen fine cunning delighting in troubles and enemiâ—s of peace Which make use of such assemblies to cast their plots to build their designes and to put them in execution 4 This Order was cried downe in the Citie of Paris by the late
is presently added Vnlesse it be otherwise declared by the See Apostolique So that by this meanes all depends upon the Popes pleasure CHAP. V. Of the residence of Bishops and approbation of the causes of their absence 1 IT was usefully ordained by this Councell that Bishops and other Prelats should reside upon their Bishopriques and prelacies But yet when all comes to all there is a dash with the pen that spoiles all for the judgement to bee passed upon non-residents is reserved to the Pope It is he too that must dispense with their absence and approve the causes of it These three points are specified in the Decrees of the Councell so that the authoritie both of Metropolitans and Princes is devolved upon the Pope And hee that considers all shall find that Kings and Princes suffer a mightie prejudice by this meanes They shall not have the power to aid themselves with so much as one Bishop for the affaires of their Stateâ— and have them neare their person to take their counsell and good advice unlesse the Pope please 2 This is not all The Popes will take order well enough that there bee ever some to depend upon them and such as may bee their creatures so that as many Bishops as are neare to Princes so many enemies to them They will bestow whom they thinke fit in other places to contrive plots and projects get them to Rome to make their abode there so long as their busines requires traverse the Provinces reside where they shall thinke expedient And in case that either upon the Princes command or upon any other occasion one of these Bishops shall venture to absent himselfe by virtue of this Councell the Popes shall have power to deprive him of his Bishoprique and put another in his place for that is said in expresse termes 3 By the lawes of the ancient Emperours a Bishop might not absent himselfe from his Bishoprique without the leave of his Metropolitan or the command of his Prince Iustinian decrees thus Wee forbid Bishops to leave their owne Churches and goe into other Provinces But if so bee there bee any necessitie of so doing they shall not goe without the Patriarch or Metropolitans letters or without the command of the Emperour 4 Our Kings of France have alwaies reserved this authoritie and prerogative unto themselves to determine of the residence of Bishops to compell or cause them to bee compel'd by their officers to feed their flocks and wait upon their Churches when need required and that by seasing upon their temporals to call them from Rome to returne into France to dispense with them and approve the causes of their absence We will quote some passages to thiâ— purpose 5 Lewes the eleventh in an Ordinance of the eight of Ianuary 1475 makes this narration When any questions or differences come upon us as well concerning the state of the Church of our Kingdome as other our affaires we that ought to have recourse to them cannot be assisted aided or advised therein by reason of their absence where wee and the Common wealth are ofttimes much interessed Then after he ordaines in this manner Wee will ordaine and declare by these presents that all Archbishops Bishops Abbats Prelats and others that hold any dignities within our Kingdome and do dwell and reside out of the bounds and limits thereof and out of our obedience doe repaire and returne within five moneths after the publication of these presents unto their benefices within our said realme or unto some one of them if they have any more and there make continuall residence there to celebrate and continue divine service as belongs unto them and as they are bound to doe As also to the end that they may serve and assist us in our Councels and otherwise to the behoofe of us and the Common wealth of our said Kingdome when need shall be And this upon paine of being deprived of the temporals of their said benefices 6 Henry the second in an Ordinance of the first of May 1557 directed to the Court of Parliament of Paris Wee command charge and enjoyne you by these presents that in our name you enjoyne all Archbishops Bishops Prelats Curats and others that have cure of soules within our jurisdiction to retire every one to his Archbishoprique Bishoprique Cures and other livings and to make personall residence upon them and to preach and declare or cause to be preached and declared the word of God c. And where they shall refuse so to doe that you cause the fruits profits and emoluments of the said Benefices to be distrained and seised into our hands 7 Charles the ninth by his Ordinance of the first of Aprill 1560 ordained the very same thing both for residence and for the disseisin of temporals but with this exception Saving and excepting the Archbishops and Bishops that are of our Privy Counsell and others imployed in our service out of the Realme for the weale publique thereof during the time that wee shall make use of them whereof our Bailifs and Stewards or their Lieutenants of that jurisdiction where the said Archbishopriques and Bishopriques doe lye shall give us notice presently after The same Prince in the fift Article of the Ordinance of Orleans doth enact concerning Archbishops Bishops Abbats and Curats that have many benefices That residing upon one of their benefices and doing actuall service there whereof they shall make good proofe they shall be excused from residing upon their other livings 8 But see here a thing to be observed namelyâ— that the States of Blois holden in the yeare 1579 knowing the prejudice which this Councell had done to the liberties of France in this regard thought it reasonable to provide otherwise for the approving of the causes of non-residence than it had set downe For it is enacted in the fourteenth Article of the Ordinance made by King Henry the third upon the complaint of the said States That all Archbishops and Bishops shall be bound to reside upon their Churches and Diocesses and according to their ability to discharge their duties in person From which residence they shall not be excused but upon just and reasonable causes approved by law and such as shall be certified by the Metropolitan or senior Bishop of the province Otherwise if this be not done besides the penalties ordained by Councels they shall be deprived of all the fruits issuing in the time of their absence Which shall be seised and taken into our hands to be imployed in the reparation of ruinous Churches almes to the poore of the places and other charitable uses By this Ordinance the Metropolitan gives the certification and the Kings officers the judgement in causes of absence without reserving any thing to the Pope Nor is this law peculiar to our Kings but common to them with all other Princes as it shall appeare by what we shall speake of it in another place CHAP. VI. Of
let him remember how the Popes opened the veine how they lighted the candle how they sung the Te Deum at the murther of our Kings how they would have turn'd our state topsâ—e turvie that they gave the greatest blowes to it that the champions we speake of did wonders there and made their names immortall 5 Great Prince your Majesty needs not feare any of this being protected by the particular care and extraordinary favour of God which overshadowes it and makes it redoubtable to all your enemies for your valour your power and your trophees being cherished by a Clement truly â—lement But Sir what shall become of your poore posterity what hope of safety doe you leave to them what meanes of refuge having the rat in the bag the serpent in the bosome the powder in the pistoll or to speake more properly in the foure corners of France to which an Inclement will easily give fire But I come to their maximes They being servants and slaves to the Pope cannot bee good subjects to their Princes for they professe themselves exempt from their subjection and avouch as much of all other Clergiemen to make their party the stronger 6 See here an Aphorisme which Emanuel Sa the Iesuite sets downe in his booke intitled Aphorismi Confessariorum printed at Anvers the yeare 1599 and afterwards at Paris this present yeare 1600 after he had studied the point forty yeares as he professeth in the preface The rebellion of a Clergyman against the King is no treason because he is no subject For as much as they make profession of this rebellion they provide for themselves beforehand by such like axiomes as these They make maximes in State affaires even such as respect the persons of Princes and occasion their subjects to make conspiracies and enterprise upon their lives Loe here one He that governes the Realme or Dominion which he hath justly got in a tyrannicall way cannot be deprived of it but by a publique judgement But the sentence being once past any man may be the executioner of it He may be deposed even by the people that have sworne perpetuall allegiance to him if he doe not amend after he hath beene admonished But he that tyrannically usurpes the government may be killed by any of the people if there be no other remedy for hee is a publique enemy See here another of the like straine The Prince may bee deprived of his dominion by the common wealth either for his tyrannie or if he doe not doe his dutie or if there bee any other just cause and another may be chosen in his stead by the major part of the people 7 Let every man bethinke himselfe whether these Maximes have not been practised in our France and let him adde to all this the excommunication of a Pope incensed against some Prince whom he will declare by his Buls to bee a tyrant or heretique and he will easily judge whether he that shall be pronounced such ought hereafter to thinke of any thing but the sepulchre of his ancestors to procure that he may obtaine it at least In my opinion if our Iesuites deny to speake roundly and say 't is a meritorious worke to kill him it is lawfull for any man to execute the sentence Yet this is the doctrine which they teach their disciples confessed by Iohn Chastel registred in the Arrest of this venerable Parliament of the 29 of December 1594. the words are these Hee said at the same examination that it is permitted to kill Kings and that King Henry the fourth now reigning is not in the Church till such time as hee hath got the Popes approbation Confessed likewise by William Parry executed in England Confessed by Peter Panne the Iesuits of Dâ—wayes emissarie to assassinate Prince Maurice giving unto the Governour or Rectour of that Colledge the honour of that doctrine which he had learned from him Maintained in a publique writing made by Mr. Allen Principall of the Colledge of the Seminary at Rhemes declaimed in their ordinary talke in their solemne orations whispered in the eares of those that come to them for absolution and infused into their soules as it is declared by those true discourses made upon that subject by the finest wits of France 8 Let us run over the other maximes which concerne the present state of this Kingdome and judge whether they tend to peace and quiet If Luther say they in their Cullen censure had beene rooted out by fire and sword fortie yeares agoe or if others had beene so dealt with peace might by this meanes be restored to the Church 9 Father Emond in a booke of his printed at Paris by Sebastian Nivelle the yeare 1568 and by him dedicated to King Charles the ninth with this inscription The Pedagogue of Armes To instruct a Christian Prince to undertake a good warre well and accomplish it with successe to be victorious over all the enemies of his State and of the Catholique Church gives us other rules which have beene put in practice See here some of them 10 That warres have beene alwayes accounted not onely profitable but necessary 11 That the Pope is bound to take armes against heretiques 12 That to a Monarchie undertaking such a warre a man cannot urge any of his former Edicts or Ordinances 13 That no man how potent soever he be can contract with an infidell or one that hath revolted from his conscience Hee gives this reason For what King is there how redoubted soever he be that can without villainously falsifying and breaking his oath made to God permit and give leave to the enemies of all truth and condemn'd by the generall sentence of all the world to soâ— heresies in his countries and allure soules Hee addes further That what conditions of peace so ever he can grant unto his rebels in this case will not endure long But it will behove him not to awake such strong and potent enemies that to make a peace with them at last hee must resolve to make a good warre And anon As oft as by the Articles of peace licence is granted to every man to adhere to which of the two opposite parties he please without being offended at it it is all one in my opinion as if one should cast a man into the fire and forbid him to burne himselfe 14 In the seventh Chapter he saith If such persons were infidels or heretiques I would never excuse the Monarch that having sufficient means in his owne hands should not essay by all wayes even of fact to reclaime such a kennell or drive them farre out of his countrey out of the territories of Catholiques And so much the more roughlie ought he to proceed against them as hee knowes them perverse in all respects and of the Huguenots stamp which should be accounted the most pernicious most devillish upholders of lies that ever rose up against the Church 15 After he hath
falsly usurped the name of Pastour the authour of the conspiracie made against me At last hee was condemn'd to banishment and afterwards recalled and restor'd to his citie and Bishoprique by the King himselfe Chilperic assembled another Synod to try the accusation of high treason objected against Gregory Bishop of Tours grounded upon this surmise that he would have delivered the Citie of Tours to King Guntrand where he was acquitted as not guilty and Leudastus his accusâ—r excommunicated Chilperic also upon an accusation brought by one Suâ—nigisilus against Giles Bishop of Rhemes as guiltie of a conspiracie against King Childebert caused him to be apprehended and carried to the Citie of Mentz where he assembled some Bishops who proceeding to judgement upon him deposed him from his Bishoprique and confined him to Strasbourg Didier Archbishop of Guien was deposed at a Provinciall Councell assembled by the same King at Chaalons in Burgundy 23 Childebert and â—untrand made certaine Bishops assembleâ— to proceed in judgement upon the Abbesse and her Religious of Poictiers Wee are met together say those Bishops by the command directed unto us by virtue of your power Bishop Adlabert was condemned of heresie by three and twentie Bishops at the Councell of Soissons with the consent of King Pepin and of the people and the Counsell of the greatest Peeres in France The like was done unto three Bishops accused of conspiracy against King Lewes the Piteous by the sentence of a Synod assembled to that end by his command So King Charles the Bald assembled some Bishops to condemne his sonne Carloman who was a Clergy man and his complices of the same profession 24 Sometimes our Kings proceeded to judgement by their owne sole authoritie without ever assembling the Clergy So Chartier Bishop of Perigord was accused before King Chilperic upon occasion of some letters writ against him and was acquitted because it could not be proved One Theodorus Bishop of Marseilles was also brought and accused before King Childebert but in conclusion absolved as not guiltie and accused after that together with another Bishop called Epiphanius that they had received into Marseilles Gundebaldus who said hee was the sonne of Lotharius who after they were heard examined and found not guiltie were notwithstanding kept in prison 25 We read notwithstanding that King Charles the Great called an assemblie of Bishops to heare Felix Bishop of Orgelle who was accused of heresie and being convinced he was sent to Rome to Pope Adrian before whom hee abjured his heresie and was sent backe to his Bishoprique But it may bee answered that this was not properly an accusation but only a dispute and that when the Bishops of France had heard and convinced him of errour they would doe Pope Adrian that honour as to send him to him that hee might have the hearing of him afterwards So his heresie was condemn'd yet after that at the Councell of Francfort as appears by the Acts of it 26 The Popes were anciently so stanch in this regard that they tooke not upon them upon their owne accord to judge of the crimes of other Bishops save onely such as were of their owne Diocese but suffer'd those to proceed upon them to whom of right it appertained So the Clergy of Valentia having accused Maximus their Bishop to Pope Boniface the first of many grievous and heinous crimes hee would not meddle in it but return'd the judgement to the Bishops of France They would not take the cognizance of them neither in the first place nor by appeall not even then when the Bishops of a Province were divided which yet was a faire pretence but in that case they were cal'd in judgement before the Metropolitan and other Bishops of the next Province according to the fourteenth Canon of the Councel of Antioch inserted in the Decret From which the Canon Hosius inserted in the same Decret doth no way derogate which speaks of civill controversies amongst Bishops and not of criminall causes as appears by the fourth Canon of the Councel of Sardis from whence it was taken In which case it was granted as an honour to Saint Peters chaire that if either of the two Bishops bee not content with the judgements given by some of their fellow Bishops that they shall write thereof to the Bishop of Rome to the intent that if hee thinke good they should proceed to judgement againe his advice may be followed and and that Iudges may bee assign'd unto them by him 27 But to returne to criminall matters Such processe was ancientlie used concerning them in this Kingdome as wee have said already That jurisdiction at this present is divided betwixt the Kings Officers and the Clergie of France The Iudges Royall have the cognizance of priviledged causes such as are high treasons tumults seditions ambushes bearing of armes assassinations and such like in respect of which they may proceed and pronounce against all kind of Clergy men yea even against Bishops and Archbishops As for other crimes which are called common such as are actions of trespasse battery concubinages murders forgeries and such like the official and other Ecclesiasticall Iudges have the cognizance of them If I should make these expositions in the Palace I should bee affraid that all the Proctours would cast their caps at mee to whom this is sufficiently knowne But considering the foundations of our practise are shaken and are like to bee cut up by the root it is requisit that I make this rehearsall and that I bring authorities for proofe of my assertion for feare I bee accus'd of ignorance in a matter which every one knowes 28 This distinction of crimes in the person of Clergy men is approved by the Ordinances of our Kings mention is made hereof in that of King Francis of the yeare 1540â— Article the eleventh made at Castle-Briant the year 1551. And that of Henry the third made at Paris the year 1580. Article the twentie one Come wee now to the practise of our Courts This distinction hath alwaies beene observed by all the Courts of France who have set downe the very forme which must be observed in such proceedings who have decree'd That the processe shall bee made and finished by the Iudge Royall upon a priviledg'd case before it bee remitted to the Ecclesiasticall Iudge notwithstanding the declinatory That for tryall of the case Royall it shall bee lawfull to proceed even unto torture inclusively That for the crime of Adulterie committed with notorious fornication a Bishop or other Clergy man is under the jurisdiction Royall As also for the accusation of forgerie by him committed That a Lay Iudge upon just cause may make the processe made by the Officiall upon a common offence be brought before him And notwithstanding the absolution from the common offence condemne the party accused upon the priviledged case And an infinite number of other rules which it would bee tedious to rehearse To
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
Bernard reproves the Pope for troubling the state of the Church by exempting Abbats and others subject to Bishops submitting them to himselfe immediatly 4 The same Durant maintaines That the Pope hath no power to grant such exemptions considering that they overthrow the generall order of the Catholique Church which proceeds from Godâ— the Apostlesâ— the holy fathers and generall Councels and which was approved and confirmed by Popes that by this order all the Monasteries religious places Abbats Abbesses Monkes and Nunnes and all other religious and Ecclesiasticall persons are immediately subject to the government and guidance of Bishops within their Cities and Dioceses as unto their superioursâ— the Apostles successours and such as have power and authority over them Which maxime he proves by a great number of authorities taken out of ancient Fathers Councels and the Canon law part whereof we have set downe in the margent From whence and upon divers other reasons he concludes that the Pope ought not for the future to grant any such exemptions and that those which are granted already ought to bee called in 5 Marsilius of Padua makes a grievous complaint hereof setting out the injustice of them to the life The Pope saith he absolveth all the Prelats and superiour orders from the power care and correction of their superiours as Archbishops from the jurisdiction of their Patriarchs Bishops from the Archbishops Chapters or Colledges of Clergy men from their Bishops as also Abbats and Priours of Monks and now of late I wish it were without a great deal of mischief the Religious called of the Order of Povertie putting them all by a kind of subversion of all order under his immediate care and correction without any evident necessity but rather upon a notorious greedinesse of increasing suits beating his braines to make the fees runne to him wards to spoile the Prelates and inslave them unto him so much the more No man is ignorant of the insolence which proceeds from hence For these exempted persons having not their superiours at hand grow contumacioâ—â— disobedient and irreverent towards those to whom they ought of right to bee subject taking from hence matter and occasion of offending more freely both against them and others 6 Nicholas de Clemangiis toucheth also upon this abuse for speaking of Canons he saith To the end that they may freely and with impunitie commit all kinde of wickednesse which a soule is capable of they are exempted from all the correction and discipline of their Prelates by paying a great ransome He makes a particular enumeration of their vices and crimes and afterwards addes Having committed all these frauds and rapines there is no body to punish them for the poore can have no accesse to the Pope who is the sole Iudge which many of them brag to have 7 Mr. Iohn Gerson in a certaine booke of his where hee treats of the reformation of the Church Consider saith he whether the too large exemption and priviledge of some men bee profitable or no and whether the avoidance of the correction of the Ordinaries granted unto them be commodious The Emperour had also given his Ambassadours in charge to require at the Councell of Trent the reduction of Monasteries under the jurisdiction of the Bishops of the Dioceses where they stand The King of France his Ambassadours stood to their demand as wee have said elsewhere 8 Let us now see the goodly reformation herein made by the Councel For that piece which we have viewed already promiseth some goodnesse for the future First there is no forbiddance nor prohibition of such exemptions nor so much as any restrictions or limitations saving onely forasmuch as concernes Proto-notaries Acolyths Counts Palatines Kings Chaplaines and other such like dignities which challenge a kind of exemption Which saith our Councell ought not to bee granted save upon just important and almost necessarie causes As for other exempted persons let the Pope make as many as hee will no body sayes a word to him But they have done a great courtesie when they declare that nothing is taken from the Ordinaries by such priviledges of exemption inasmuch say they as they shall alwaies have the cognizance and jurisdiction over exempted personâ— as Delegates for the See Apostolique According to them there is no difference betwixt having a proper jurisdiction and of a mans owne head and having it by commission 9 The interest of our France concerning this point is very evident in two things first in the grant of exemption In as much as from all antiquity they were not granted save onely by our Kings and Princes or by the Popes at their instance and upon very weighty and important considerations Next For as much as no Monastery Church Colledge or other Ecclesiasticall body can be exempted from their Ordinary so as to say they depend immediately upon the holy See without the Kings leave and permission These are the very words of one Article Of the liberties of the Gallicane Church They derogate from this right by the second Chapter of the twentie fourth Session of which we have spoke already and the third Chapter of the sixt Session which gives Prelates power to visit punish and correct all exempted Clerkes Secular or Regular so journing out of the Monasterie as Delegates for the See Apostolique 10 And to shew that this abuse of the Popes doth still remaine wee will give one instance as good as all Every man knowes how the Iesuites encrease both in number of men and Colledges and revenues It is a wonderfull thing to heare what relations goe of them yea to see as much as wee see of them at this present that a little poverty should beget so much riches that ten men in such a short time should have bred as many of them alreadie as there are Salvages in the New-found Land Now all these are exempt from the jurisdiction of all Iudges both Ecclesiastique and Secular and a suit cannot bee commenced against them but onely before the Pope in person If any man would plead with them he must resolve to goe to Rome For hearke what their new Buls say which they got from Gregory the thirteenth in the yeare 1584. To be immediately subject to this See and totally exempt from the jurisdiction of all Ordinaries and Delegates and all other Iudges as wee also by virtue of these presents exempt them from them That this is a new priviledge may bee collected from the Bull of Iulius the third of the yeare 1550 where after hee hath reckoned up their priviledges he addes Wee ordaine and declare that all these things and every one of them shall remaine firme and stable for ever and shall bee inviolably observed and kept and that they shall be so judged expounded and decided by all Iudges and Commissaries by what authority soever established depriving all and every one of them of any power of judging and expounding them otherwise So that others
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
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
nor against their vassals and subjects First forasmuch as such lawes have beene abrogated by contrarie practice bee it in Germany England France or elsewhere Secondly forasmuch as the cause of them ceasing there is no need to observe them Now the cause or reason which is fully expressed in those two lawes is this That the authoritie of sacred religion invents and finds out many meanes of allaying suits which the ties and formes of captious pleadings will not admit of That the judgements of Bishops are true and uncorrupted That this is the châ—aking of those malicious seeds of suits to the intent that poore men intangled in the long and lasting snares of tedious actions may see how to put a speedy end to those unjust demands which were proposed to them Now wee have made it appeare in the second booke when we treated of the reformation of the Head that the Pope his Decretals the Court of Rome and other Ecclesiasticall Courts are now adayes become the source of iniquitie and injustice and of all the shiftings and tricks that ever could be invented in matter of pleading and that all Christendome graones miserably under them at this present Why then should a man submit himselfe to their judgement this were for escaping the ashes to throw himselfe in the fire Duarenus speaking of these two laws saith That the conditions of the Bishops being changed both these constitutions grew out of use as it is credible Thirdly the Popes have rendred themselves unworthie of them because they went about to retort thâ—m upon their authours to urge them against those which are exempted from them because they wold have made their liberality redound to their own dammage and have arrogated their power unto themselves and usurped their lawes Lastly those who made those constitutions have power to unmake them to alter or abolish them at their pleasure To what purpose then are they urged against them There needs be no more talke of them in France for they have now beene a long time disused Wee see no tracts of them in our Histories nor in our ancient records And besides wee have at this present some Ordinances cleane contrary to this which forbid Clergy men all jurisdiction over lay men unlesse it bee in spirituall cases as wee have elsewhere expressed CHAP. II. That a Councell hath no power in temporall matters 1 FOr goods and other temporall matters Saint Austin hath passed his sentence by which hee hath submitted them entirely to the jurisdiction of Princes although they be in the possession of Clergy men By what law saith he doe you except the goods of the Church by divine law or humane The divine law we have in the Scriptures and the humane in the lawes Imperiall That which every man possesseth doth he not possesse it by the humane law Humane lawes are the lawes of the Emperours for God hath dispensed humane lawes amongst mankinde by the mediation of the Emperours and Kings of this world And a little after Take away the Imperiall law and who dare say this possession is mine This servant is mine This house belongs to mee If the Royall lawes have ordained that these things should bee holden and possessed by men would you have us to conceale the law that so you might enjoy them And after some passages Let those lawes be read where the Emperours have commanded expresly that those who usurpe the name of Christians unlesse they bee within the communion of the Catholique Church cannot possesse any thing in the name of the Church But say you what have we to doe with the Emperour I have told you already that the question is here of the law humane and the Apostle himselfe would have all men to bee subject to Kings and Kings to be honoured And hath said Have Kings in reverence Say not you then What communion is there betwixt mee and the King otherwise it will be said unto you What communion is there betwixt you and your possessions They are enjoyed by the constitutions of Kings You say What hath the King to doe with me doe not then call those possessions yours for as much as you have renounced humane lawes by virtue whereof such possessions are enjoyed This pregnant place is inserted into the Decree all entire as I have related it so as now it is a Papall law which plainly teacheth us that Ecclesiastiques have no jurisdiction over the lands and possessions and other temporall goods which Churchmen are seized of much lesse have they any over those which are in lay mens power over which notwithstanding the Councell of Trent hath stretched their authoritie 2 Gregory the thirteenth it seemes would have voided and rebated the force of this Canon by that Item which he gives us that the word Church is not at the beginning of the passage because Saint Austine speakes there of heretiques namely to the Donatists Which is very true But if he will inferre from thence that Saint Austine would not have said as much of the goods of the Church wee will deny his argument These goods whereof hee speakes were the possessions of the Church before the Donatists fell into their opinions They were deprived of them by the Emperours because of their heresie They were bestowed upon the Orthodox as Gregory saith in the same place See how the Prince and not the Church doth alwaies dispose of their goods See how Saint Austine and all the Popes with him confesse that it belongs to the Emperour to dispose of them and not to the Church For even that reason which he renders is generall It agrees as well to the Church and Clergie as to any others Besides those which made the collections of ancient Canons as Anselme Ivo and Hildebert have inserted the word Church in that place and Gratian after them as Gregory confesseth which the former Popes did authorize The Emperour Constantine cals those of the Novatians Churches and will have them preserv'd unto them The Emperours Gratian Valentinian and Theodosius call those of other Heretiques Churches and cast them out of them that they may place orthodox Christians in them Arcadius and Honorius made a like constitution Ivo Bishop of Chartres proves it in his Epistles For as much saith he as the guidance and government of temporall things is given unto Kings and that they are called Basilei that is the Basis and foundation of the people if at any time they abuse their power which is given themâ— they must not be too much exasperated by us onely when thâ—y refuse to obey our admonitions they must be let alone to the judgement of God The Councell of Trent doth not use them so but not content with delivering their bodies up to Satan as farre as lies in their power it confiscates their goods and deprives them of their inheritance 3 Pope Nicholas howbeit in his Epistle sent to the Emperour Michel he breathe nothing but winde and smoke having made a division with the
how bad soever they were as Constantius the Arrian Iulian the Apostat Maximus the tyrant when occasion place and the cause required it c. And they say that the scripture of this age holds that every Kingdome of this world is got by armes and enlarged by victories and cannot be purchased by excommunications from the Popes or other Bishops and they urge that holy Scripture saith that Kingdomes are from the Lord by whom Kings reigne and that by the ministerie of men and Angels he confers them upon whom hee pleases See here are things which without all compare deserve rather to be struck with an Ecclesiastical thunderclap than the giving way unto a Duell or interposing their authoritie in a matter of marriage 4 Now whatsoever others bee our Kings are exempted from such thunders so as neither the Bishops of this Kingdome nor strangers no nor the Pope himselfe have any power over them in this regard Wee have hereof divers testimonies our French men do avouch it in an article which was drawne by them in behalfe of King Lotharius against Pope Nicholas the first who would have excommunicated him for his marriage with Waldrada As hee cannot bee excommunicated say they speaking of the King by his Bishops whatsoever his fact bee so cannot he bee judged by other Bishops 5 Vincent in his allegations after he hath set downe the good deeds of the Kings of France towards the Church saith This is the cause why the Kings of France cannot bee excommunicated by reason of their priviledge else their labour should bee fruitlesse Likewise their souldiers and their men of warre and their Captaines inasmuch as they cannot offend by obeying them These last words must bee understood of an excommunication thundred out against the men of warre for this reason because they fight for their Prince 6 Lancelot Conrade a Lawyer of Millain subject to the King of Spaine saith as much in expresse termes The King of France pretends to have this prâ—viledge that hee cannot bee excommunicated neither by the Canons nor by men As the Doctours collect in the division of the chapter Vbi Periculum in princip de elect in 6. When the Parliament of Paris gave their opinion and all the Chambers met together about receiving the Cardinall d' Amboise and the qualifications that should bee put to his Faculties which was upon the eleventh of December 1501 The lawes of the Land and the liberties of the Gallicane Church were represented at large amongst which this was one That the King of France cannot bee excommunicated that his Kingdome cannot bee put in interdict as is collected out of the ancient Registers 7 Yet notwithstanding alwaies as oft as the Popes have gone about to attempt any such excommunications whether by their owne proper authority or joyntly with Councels they have found strong resistance and the French have got this commendation that they never abandoned their Princes in such conflicts The Histories thereof are knowne to all men and they have been so canvased in divers writings set out during our late troubles that it will bee fitting to overpasse them that wee renew not the memorie of our former miseries We will only say that some Popes have in good sincerity acknowledged this right and prerogative of our Kings yea which is more they have confirmed it by their Buls declaring thereby that the King of France cannot bee excommunicated nor his Kingdome interdicted and amongst others Martin the third and fourth Gregory the eighth ninth tenth and eleventh Alexander the fourth Clement the fourth and fifth Nicholas the third Vrban the fifth and Boniface the twelfth whose Buls are yet preserved in the treasurie of the Kings Charters as divers testifie 8 Pope Benedict th' eleventh partly as it is probable upon this occasion revoked the excommunication which was denounced by Boniface the eight his predecessour against Philip the Faire of his own meere motion and without being desired unto it by any man as Walsingam witnesseth He absolved saith he Philip the Faire King of France from the sentence of excommunication given out against him by his predecessour without being desired to it Wee read the Bull thereof to this day in Mr. Nicholas Gille in his Annals of Aquitain Amongst the testimonies of Popes wee will put that of Sylvester the second for the judgement which he passed before he was preferred to the Popedome and the excommunication which the Pope that then was threatned against the King and some Prelates of this Kingdome See here the place taken out of one of his Epistles which hee writ to the Arch-Bishop of Sens 9 I say confidently and boldly that if a Bishop of Rome hath offended against his brother and will not give eare to the admonitions which should bee divers times given by the Church I say that same Bishop of Rome by the commandement of God must bee accounted as an Heathen and a Publicane For by how much the degree is higher by so much the fall is greater But if hee account us unworthie of his communion forasmuch as none of us will consent with him in that which is against the Gospel hee cannot therefore separate us from the communion of Christ. And presently after We should not therefore give this advantage to our ill-willers as to make the Priesthood which is but one in all places as the Catholique Church is but one seeme to bee subject to one man only in such sort that if hee be corrupted by money or favour or fear or ignorance no man can bee Priest but hee that shall be commended unto him by such virtues as these 10 Whence wee collect that the Popes have no more power over our Kings in matter of excommunications than other Bishops whether of their owne Kingdome or strangers The Courts of Parliament of this Realme and especially that of Paris have alwaies stood out against such excommunications and have declared them to bee frivolous nullities and abusive yea and have proceeded with rigour and severitie against the bearers of them The Arrests given out against the Buls of Benedict the thirteenth the two Gregories the thirteenth and fourteenth are sufficient witnesses hereof Now it is not only true that our Kings cannot be excommunicated but which is more they may absolve such of their subjects as are excluded from the Communion of the Church yea they are accounted to restore them to their former state by the meere admitting of them to their table or into their company This is a thing which wee finde upon record in the Capitularie of Charles the Great in these words If the Royall power doe receive any delinquents into favour or admit them to his table they shall be likewise received into the assemblies of the people and Clergy in Ecclesiasticall communion to the intent that the ministers of God may not reject what the pietie of the Prince doth admit The Prelats of France have observed this law at other times Ivo Bishop of Chartres saith hee
Acts of that Councell to shew how those Fathers are not content to wrong our Kings indeed but are further ambitious to make it appeare in writiâ—g Pope Paul the third in his Bull of 1542. by which hee called the Councell doth indeed give that honour which is due unto the King of France â—â—â—king him in this order in that exhortation which hee makes to Kings and Princes Praying saith â—e the foresaid Emperour the most Christian and all other Kings Dukes and Princes whose presence will bee very usefull to come themâ—elves in person to the celebration of this sacred Councell In the 8 Session â—â—â—er Paul the third the President of the Councell speaks in this manner That they will go on successively till it shal seeme expedient to our holy Father â—ho having communicated his Councell and advice with the most viâ—torious Emperor the most Christian King and other Kings and Princeâ— of Christendome the Councell may and ought to bee assembled in this place 6 All this goes well yet but for all that we doe not take it as a courtesie there could be then no question of the precedencie because the King of Spaine was Emperour too and as such tooke place of the King of France Now after that Ferdinand succeeded Charles the fifth and there was a Kiâ—g of Spaine in severall the Pope and the Councell altered their sâ—ile Pius the fourth in a Bull of 15â—0 for the continuation of the Councell Having acquainted saith he with our purpose our welbeloved sonâ—es in Iesus Christ Ferdinand Emperour elect of the Romans and oâ—her Kiâ—gs and Priâ—ces that they send their Ambassadours c. And the Councell it selfe in the tenth Chapter of the ninth Seâ—sion under Pius the fourth Wherefore it adviseth the Emperour Kings Common-wealths Princes c. And in the Acclamations at the end of the Councell worst of all Blessed bee the memory say they of the Emperour Charles the fifth and of those most serene Kings that promoted and protected this Generall Councell Resp. Amen Amen Many yeares to the most Serene Emperour Ferdinand ever-Augustus Orthodox and peaceable and to all other Kings Common-wealths and Princes 7 See here as sad an end for our Kings as the beginning was pleasing In the Catalogue of the fathers and Ambassadours they are diversly ranked but still to the disadvantage of France In the edition at Lyons in 4 printed by Rovillius ann 1566 as also in the French translation by Gentianus Hervetus printed 1566 and in the collections of the Orations spoken in the Councell printed at Paris 1563 this title is put before it The catalogue of the Ambassadours whose names are here underwritten according to their comming to the Citie of Trent And afterwards the Ambassadours are so ranked that the French come after the Spanish And in the catalogue of the Councell in Latine printed at Anvers 1596 and another at Lyons by the same Rovilliuâ— ann 1584 the French Ambassadours are placed next after the Emperours but it is afterwards said That the King of Spaines Ambâ—ssâ—â—our or Oratour sat by himselfe by reason of the controversie which aâ—ose betwixt him and the Ambassadours of the most Christian King See here a suit for our Kings which they may thank this Councell for They can never approve the Acts of it without doing unto themselves a most grosse prejudice That will bee asmuch as giving the King of Spaine a title whereby he will endeavour to make his cause good hereafter And there is no other way to ward this blow but by rejecting the Councell considering withall the great favours done by it unto the King of Spaine not only in this but all other things So when there is any occasion of making answere to his Ambassadours this Councell cannot finde words significant enough to expresse their commendations wherein it is too excessive and on the contrary too reserved and sparing when there is any question about them of France And in stead of what Pope Gregory said who compared the faith of our Kingâ— to a great light shining in the dark ranking them by that meanes above all other Kings in honour and dignitie The Councel on the other side gives this prerogative to the Kings of Spaine giving them the honour to bee the chiefe aâ—â—ngst all Catholique Princes Amongst whom saith it speaking of Kings and Princes King Philip Facile Princeps the prime man offers all his studies industry meanes and endeavours both of body and minde 9 One of the Presidents of that Councell speaking of the Kings of France and Spaine in a certaine booke of his puts the French King behind For disputing against Brentius he saith But what a thing will this bee if those bee not religious whom the Catholique Church holdeth for such As for the Kings of the Romans of Spaine France England Portugall Hungary Poland Bohemia Scotland and all other Christian Princes I doubt not but they are godly Princes I know very well that in writing that order is not alwaies observed which belongs unto the persons spoken of but for him who had beene President in the Councell at that verie time when the controversie arose hee cannot excuse himselfe from malicious and fraudulent dealing towards our Kings 10 Besides their right was so apparent that there could bee no question of it In former Councels they had alwaies taken that place without any controversie The Acts of them are a sufficient proof of it and amongst other of that of Lateran which begun 1512 and ended 1517 under Iulius the secondâ— and Leo the tenth Where in the eighth Session the Ambassadours are ranked in this order The magnificent Signiour Lewes de Solier Ambassador of the most Christian King of France The magnificent Signiour Ierom de Vic Ambassadour of the Catholique King Ferdinand of Aragon And in the ninth Session The magnificent Signiour Lewes de Solier Ambassador of the most Christian King of France The magnificent Signiour Ierom de Vic Ambassadour of the most Catholique King of Spaine The same is againe repeated in the tenth Session 11 AEneus Sylvius who was afterwards called Pope Pius the second in the Acts of the Councel of Basil ranks the Kings of France and Spaine in this order Of the Emperours Ambassadours the Bishop of Lubes the Lord George of the French the Arch-Bishop of Tours the Bishop of Troyes and others of our Colleagues except the Arch-Bishop of Lyons Of the Castiliansâ— only the Arch-Bishop of Consentia Of the Aragonians not a man howbeit it was afterwards said that the Bishop of Albigeaune and Francis Barbarianus who came for Milan had undertaken for the King of Aragon In the edition of the Councels of Constance and Basil printed at Milan by Gotardus Ponticus ann 1511 there is a picture at the beginning and end of either of them where the King of France is placed next to the Emperour 12 There is likewise a very ancient book called The Provinciall of all the Churches where after it
annal Boiorum p. 627. Marsilius Pat. in des pac 2. part c. 11. p. 201 Le Songe du verger c. 24. Rodericus episc Zamorensis in Speculo humanae virae impress Bisuntii ann 1488. Frances Guicciardine in his fourth book of the Histoâ—y of Iâ—â—ly †It is effaced by the Inquisition out of the Originall in in most editions but the English reader may finde the whole passage set forth by Dallington vvith a discourse upon it As also annexed to The history of the Councell of Tâ—ent Of the luxuâ—y of Poâ—â—s Guicciardinc in his fourth book of the history of Italy D. Bernaâ—dus lib 2. de considerat ad Eugenium Papam Ioannes Sarisburiensis in Policratico l. 6. c 24. Marsilius Patavinuâ— in def paciâ— part 2. c. 11. The Popes flatterers Consult dâ—lectorum virorum Tom. 3. Concil edit Colon. 1551. Ioannes Gerson de potest Eâ—cles Confid 12. Marsilius in def pac part 2â— c. 25. Plenitude of the Popes povveâ— Gregoâ—ius Heymburgensis in De consut primat Pap in princ 2 part Petrus de Ferrariis in form Opponend Contra testes in ver Contra jus p. 164. Clement Pastoralis De sent re judic Extra unam Sanctam de major obedient â—an omnes dist 22. a Lanc. Conrad in Templo omnium judic lâ— 2. c. 1. §. 4. b Baldus in l. Rescripta C. de praeci Imper. off nu 7. c Baldus ibid. d August Triumphus â—ive de Ancona in De potest Ec. q 18. art 1. e Idem ib a 2. f Idem ibid. art 3. g Ibid art 4. h Ibid art 5. Thâ— Popes 〈◊〉 Extat hâ—â— Bulla in tract de materiis indulgentiarumâ— Ioannis Phesfer Wittenberg Theol Proâ—ess in Vnivers Friburg scrip aâ—â— 147â— Decisio 1. vel 447. â—n compila Rebuffi Edit Lugduni ann 1555. p. 27. Extat haec Ep. Nicholai 1. ad Michaelem Const. to â— con Vnde sumptus Canon Satis evidenter dist Augustin Steuâ—cheus in lib de Donat. Constanâ—stantini Audiâ— summum Pontificem à Constantino Deum appellatum babitum pro Deo hoc videlicet factum est cum illum praeclaro illo edicto decoravit Adoravit uâ— Deum Augustin Beroâ—us in rubric de offiâ— deleg nu 10. Baldus in l. ult C. de senten rescindend Lancelotus Conradus l. 2. de templo omnium judic c. 1. §. 4. de praestantia potestaâ—te Pont. maximi Idem ibid. Idem l. 2. c. 1. §. 4. Hostiensis in tit 4. de transtat Episc. â—lii Lancelot Conradus ubi supra Bellar. de Rom. Pont. l 4. c. 5. Idem Lanc. l. 2. c. 1. §. 4. De reservatiâ— Pontifici Cap. Debitus de appellation Idem Lancelot l. 2 c. 1. Baldus in cap. Cum Super. de causis propriet possess Idâ—m in cap. Eccles. uâ— lite pendente Lancelot Conrad ubi supra l. 2. c. 1. §. 4. Ceremonial Pâ—â—tif l. 3. tit 1. The Popes usurped power over Princes Rodericus episc Zamorenâ—is in Speculo humanae vitae l. 2. c. 3. Michael Menotus in Sermon quadrages feria 3. post 2. dominicam quadrages Haec est Arnulphi Aurelianensiâ— episcopi oratio habita in Concilio Rhemensi Actis inserta Eberhardus episc Salisburiensis apud Aventinum l. 7. Annal. Boiorum p 547. Ioannes Faber in praesat ad Iustinian Institut Papa in verbis se dicit servum servoâ—um de facto tamen se adoraripermittitâ— quod Angeluâ— in apocalypsi refugit Zabarella Cardâ—nal Flor. in tract de schism Pont. Can. Constantius dist 96. a Cap. unam sanctam extraâ— de majorit obed b Ca. 1. Extraâ— de Consâ—â—t Oâ— tâ—â— Popâ—s 〈◊〉 c Câ—â—undamentâ— de elect ju d Clementin Pastoralis de râ— judiâ— e August de Ancoâ—a De Potest Ecâ—les q. 36. art 2. f Idem ibid. q. 35 art 1. g Lancelot Conradus in templo â—mnium judic l. 2. c. 1. §. 4. h Idem ibid. de Praest potest Pontis maxim i Ca. Venerabilem extra de electione k August de Anc. q. 37. a. 1. l Idem q. 37. art 2. m Idem q. 37. art â— n Idem q. 37. art 4 Et â—a Venerabilem extra de elâ—ctione o Idem August q 37. art 5. p Idem q. 38. art 1. q Idem q. 38. aâ—t 4. r Idem q. 39. art 1â— s Idem q. 35. art 6. t Idem q. 35. art 3. u Idem ibid. art 4. x Idem q. 46. a. 3 y Idem q. 45â— art 3. art 3. z Idem ib a 2. a Idem q 46. art 1 b Ibid q 44. art 4. c Idem ibid. art 5. d Alvarus Pelagius de planctu Eccles. l. 1 art 37. e Idem ibid. f Idem ibid. â—hâ— Poâ—â—s bestowing of Kingdomâ—s g Idem ibid. h Idem ibid. Câ—p. 〈◊〉 de insuâ—â— novi orâ—is l. 7. Decret Iacâ—bus de Teranâ— in tract Monarâ—h â—â—trav Vnam sâ—nctâ—m de mâ—â—â—rit obed Albert. Crantz Mâ—â—rop l. 9. c. 201. Platina in Greg. 7. Clementin Pastoralis de sent re judic Sabellâ—cus Ennead 9. l. 8. Nâ—uclerus Generat 45. Of the King of France his Priviledges Can. aliuâ— caus 15 q. 16. Marsilâ— Patav. in def pacis part 2. c. 25. The King of Fâ—ance his priviledge vaâ—â—n Mursil Patav. in dâ—s pâ—c partâ— 2. c. 20. * Venericus Vercellensis lib. de unit Eccles. conser p. 12. 37. 40. Epistola Leodiensium tom 3. Concil ex edit Colon. ann 15â—1 Marsilius Patavin in desens pacis part 1. cap. ult part 2. capiâ—ib 22,23,24,25 Aventinus lib. 7. annatium Boiorum ubi refert rogationem Procerum Germanorum pag. 621. ubi loquitur de Frederico 2. pag. 533. Arnaldus Ferronius de rebus gestis Francorum ubi loquitur de Iulio 2 Guicciardinus lib 4 hist. Italia in loco detracto Baptista Mantuanus lib. 1. Sylvarum Erasmus in apologia adversus Stunica blasphemiaâ— Lâ—dovicus Romanuâ— coâ—s 522. num 9. Martinus Polâ—nus in Henrico 6. sub ann 13â—9 Guilielmus Mâ—lmesburiensis Auglus lib. 4. cap. 2. Platina in Gregorio 7. in Bonifacio 8. Alexandrâ—â— in Innocentio 4 in Eugenio 4 in Iulio 2. Otho Frisingensis lib. 7. Chron. c. 9. Helmoldus in Chronico Slavorum c. 28. sequent Of holding the Popes stirrop Can. Constant. dist 96. August Steuchius Papeâ— bibliothecarius l. 2. de donat Constant. c. 66. Platina in Steph 2. Ceremoniale pontif Tit. 2. sub §. Ordo processionis continet Et l. 3. sub §. de prima lotione manuum Et §. de modo portandi fercul Helmoldus Presbyter Lubecensis in hist. Slavorume 8. The Popes pride ovâ—â— Emperours Nauclerus gener 39. Albertus Crantz 2 Metrop 6. c. 35. Matth Wesâ— monast l. 2. sub ann 1245. Helmoldus ubi supra Abhas Vispargensis in Hen. 4. Le mer de histoires Matth. Westmonast 2. sub ann 1246. The Popes omnipoâ—ency Matth Westmon l. 2. sub ann 1244. Rodericus Episc â—amorensis in speculo humanae vitae l. 2. c. 1. Iob 9. Antoninus in 3 part hist tit 22. â— 17. §. 1. Iacobus de Terano in tract
Agatho dist 63. Whether the Emperours hâ—ve lost their right Martinus Polonus in Vitaliano sub ann 657. Vid. Decreta Bonfaciâ— 1. in Isidori Decreto Lutetiâ— excuso ann 1524. pag. 129. ann 1535. p. 196. Walteramus episcâ—p Naumberg in lib de invesâ—lâ—â— episâ— Vnum instrumentum extat in Can. Ego Ludovicus dist 63. Alterum apud Volaterrarum Geograp lib. 3. cap. de genere gestis Pepini â—aroli Lewes his compaâ—â— supposititious Can quia sancta dist 63. Can. in nomine dist 23. Hildebert in Panorm l. 3. c. 1 Platina in Gregorio 7. Platina in Alex. 2. Election of Bishops belongs to Emperors Theodorus Balsamo in comment ad Can. 69. Synoâ— in Trullo Can Reatinae dist 63. Can. nobis dist 63. Can lectis dist 63. Can. Salonitanâ— quaest 63. Can. Princip dist 63. When Popes begun to usuâ—p elections Can. Quiaigitur dist 63. Glaber Rodulphus lib. 5. hist. cap 4. Idem Glaber lib. 5. cap. 5. Idem ibid. Helmod in chronic Slavor cap. 70. Waltramus Episc Naumburg in lib. de invest Episcop * Sigebert in Chron. sub ann 1111. Martin Polon in Henr. 4 sub ann 1110. Matth. Westm. l. 2. anâ—112 â—112 Helmod in hist. Slavor cap. 32. 70. Petr. de Ferrariis in forma libelli quae agit ex substit in verb. ex suo corpore num 3. Lambert Schafnaburg derebus German sub an 1071. et passim Author continuationis ad Bedae hist. lib. 2. â—ap 21. a Can si quis deinceps sequentib Caus. 16. q. 4. Henry the â— and the Popes quarrell about investitures Matth. Westm. lib. 2. sub ann 1102. pag. 23. Abbas Vsperg in Chron. Willelm Malmesb de gestis Reg. Angl. lib. 5. fol. 9. Henries renunciâ—tion invalid Idem Vsperg Et Malmâ—b ib. Abbas Vsperg in Chron. sub ann 1122. Otho Frisingens Chron. lib. 7. cap. 16. Abbas Vsperg sub an 1126. Bishâ—p at Charâ—res his opinion Albert. Crantz l. 7. Saxon. c. 3â— Marsil Patavi in deâ—ens pac part 2. c. 25. pag. 174. Kings may confer Bishopriques c. The Emperour Henries right vindicated Ivo Ep. 65. Sigebert in Chron. sub ann 1111. Adde MatthaeuÌ„ Westmonast lib. 2. sub Ann. 1111. Kings of England chuse Bishâ—ps a Conc. Tolet. 12 cap. 6. b Can. Cum longe dist 63. c Lanâ— â—onrad in templo amnium judic l. 1. c. 2. §. 3 nu 10. lâ— â—â—p 1. § 4. verâ— 4. d Wilâ—elm Mâ—lmâ—â—bur l 1. dâ— gestis pontiâ— â—ngl p. 116. Idem lib. 3. p. 1â—7 Idem lib. 1. â—eâ—sus in Idem lib. 2. p. 147. Idem lib. 3. p. 155. Matth. Wesâ—â—n lib. 2 sub ann 1878. Florent Wigâ—â—n sub ann 107â— Matth. Westâ—n lib 2 sub ann 1092. Malmesb. l 4. Idem l. 1. p. 116 Idem â— 2. sub ann 1101. Malmes l. 4. Idem p. 161. Westmonast l. 2 sub ann 11â—2 Idem Westmon l. 2. 〈…〉 1â—0â— Kings of Englâ—nd bestow Bishoprâ—quâ—s Idem Westmon l. 2. sub ann 1109. Idem lib. 2. sub ann 1113. Idem Westmon l. 2. sub ann 1125 William Neubrigensis rerum Angl. l 4. c. 2. Idem Westmon l. 2. sub ann 1204. Idem Westmon sub ann 1245. Vid eundem Malmesb lib. 2. in sin p. 146. lib 4. p. 163. 165. Et Wigornens sub ann 1070. pag. 435 436. sub ann 1103. pag. 475. Matth Paris alios Anton Corsetâ—s in tract de reg potâ— q. 11. nu 11 vide antiquas collectiones decret Antonii Augustini Iterdae excusas ann 1576. collect 1 c. ex diligenti Tit. de jure patronatus Severall Kings conferre Bishopâ—iques Alexand. Consil 174. nuâ— 8. Tom. 4. Lâ—ncelot Conrad in templo omnium judic lib. 1. cap. 2. §. â— nu 10. Walâ—ramus Episâ— Nâ—umburgens in tract de invesâ—it Episc. Ammonius de reb gest Francâ— l 34. Rhegmo in chron sub an 860. hist. Rhemens l. 3. c. 1. 9. Frodâ—ard in chron sub ann 96â— Ivo Carnat Episc ep 36 44.48.49.67 121 16â— 169. 352. Hildebert Turon Archiep. ep 3. Lup. Abb. Ferrar. ep 6. 1. â—0 79. 81. 84. 89. 2. Capitul Carol. magn l. 1. c. 84. vid etiam lib leg Francic c. 78. â— Can Sacror dist 63. Capitul Carol. Mag lib. 1 c 84. Vid. etiam lib. legum Franâ—â—â—arum cap. â—◠†Gâ—eg Turon in hist Franc. l. 3. ca. 16. 17. 26. l. 4. c. 6 7. 15. 18. l 5 c 4. 46. l. 6. c. â— 7. 915 â—9 l. 7 c. 17. Idem in vit sanct Gall. * Can. sacror dist 63. Councels decrâ—e Bishops and Pastors to be chosen by Clergy and people Can. porro dist 63. Cap. 10. Conc. Aurelian 5 quod extat in tom 2. Concil pa. 575. Synod Francic Tom. 3. Conc. pag. 473. Synod Suession to 3. Conc. pag. 438. Conc. Paris lib. 3. c. 22. to 3. Conc pag. 817. Conc. Valent. tom 3. Concil pag. 890. Investitures proved to belong to the Kings of Frâ—nce Marâ—ilius Pâ—vinus in defens pac part 2. cap 17 pag. 290. Ioannes Monachus in c 1 de Prebend in 6. Alexand. consil 74. num 8. volun 4. Lancelot Conrad in templâ— omnium judicum lib. 1 cap. ◠§. 3. num 10. 11. Lupâ—s epist. 81. Hildâ—bert Turonens Arâ—hiep epist. 3. Ivo Episcâ—pus Carnotensis Epist 1,2,8 12. Idem Ivo epist. 12. Idem Ivo epist. 65. Bishops ought to tâ—ke the oath of allâ—geance and bee chosen by Kingsâ— c. Ivo epist. 206. Vid Matth Westmonast lâ— 2 sub ann 1136. 1171. Extat haec juramenti formula inter scriptores coâ—etaneos Pithoei pag. 509 editionis Wechelian L' Ordonnance D' Orleans â—rt 1. Ivo epist. 8.12.20.28 43.44 48.49 50.58.116 271.272 Popes election of Bishâ—ps prejudiciall â—o Kings Lupus ep 40. Idem ep 98. Matth. Westm. l 2 sub ann 1245. p. 192. Ivo epist. 116. Câ—n. Porto dist 63. Florentius Wigorâ—iensis Monachus in Chron. sub annâ— 1070. Ivo ep 238. Guilielmus Neubrigensis rerum Anglic. l. 2. c. 16. Kings robb'd of theiâ— jurisdiction Councel of Trent unjâ—stâ—iâ— exempts Bishops from the jurisdiction of Kings Conc. Trid. Sess. 24 cap. 5. Conc. Trid. Sess. 13. cap. 8. Conc. Trid Sess. 25. cap. 14. Sozomen l. 2. cap. 27. Emperours and their â—fficâ—â—s jâ—â—ge thâ— Clergy August epist. 68. 162. Theodoret. l. 2. cap. 27. Sozomen lib. 4. cap 22. August ep 159â— 160. Tâ—â—oâ—oâ—et l. 5. cap. 5. Idem Theod. l. 5 cap. 2. 3. S Sulpitius Sacrae hist. l. 2. Bishops judged by Emperours Commonitorium Imperatoris ad Elpidium Act. 1. Synod Chalced. to 2. Conc. p. 137. Conc. Chalced. Act. 1. tom 2. Conc. p. 135. Conc. Chalced. Act. 14. tom 2. Conc. p. 315. Eadem Actione 14. p. 325. V. Tom. 1. Iuris Graeco Romani l. 3. Sentent Synod c. 5 p. 223. Iustinian Novell 24. De depositione Anthemii V. Euagrium l. 4. c. 11. Theod. l. 2. c. 15 Sozom. l. 3. c. 9 Kings jurisdiction confes'd by Popes Gregorius in Registro l. 7. ep 116. Indict 2. Idem Greg. l. 9. ep 64. In dict 4. Can. istud caus 11. q. 1.
Churches Monasteries or other Ecclesiasticall benefices or upon the fruits rents and revenues thereof without speciall and expresse licence from the Pope of Rome 15 These Popes did no more but resume the errours of Boniface the eight so well liked by his successours that they made lawes of them for by his Decretall hee excommunicates all lay men yea by name all Emperours Kings 〈…〉 any collections taxes tenths twentieth or hundred part of Ecclesiasticall goods and revenues or other quantitie part or quotitie of them by the name of reliefe loaneâ— aid subsidie or other title whatsoever as also all Ecclesiasticall persons which shall pay them without leave from the holy See 16 Bennet the eleventh his successour after he had accorded all things with Philip the Faire in courtesie to him made a restraint of that Decretall ordaining that it should not take place Inter volentes wherein he thought he gratified him much Hearke how one speakes of him that was a writer of the lives of Popes Pope Benedict appeased the strife and dissentions that were begunne betwixt Philip King of France and Pope Boniface and restored unto the same King the priviledges and indulgences of the See Apostolique which had been taken from him by Boniface his predecessor Besides he set out a certain Constitution at Perusia in favour of the same King and his subjects which begins Quod olim whereby he restraines the Constitution of his predecessor Boniface which begins Clericis laicos ordaining that the punishment exprest in Boniface his Constitution shall not take place neither in those that pay nor in those that receive such paiments as are freely willingly tendred This constitution is among the Extravagants at this present but so as our Popes hold it for apocryphall abrogated and of no force witnesse the foresaid Buls De coena Domini sent into France to be thundred out there which have these words We excommunicate and anathematize all those that receive the said collections taxes tenths c. even of such as give and grant them willingly 17 One of our Practitioners hath so farre forth acknowledged the power of Emperours and Kings over the temporals of the Church that he hath advised them to discharge the Pope and other Ecclesiastiques of that care and trouble which the too great abundance begets in them It will come to passe ere long saith he that all lay mens goods will prove to be Clergie mens inheritance unlesse some good Emperour take an order with it by revoking the donation of Constantine and making a law totally to reduce the state of al Clerks to the state and condition of Friers Mendicants and unlesse the Pope and Cardinals also bee reduced to the life of Christ and his Apostles upon earth whose Vicar General he is and therefore ought to follow his example And in another place Amongst the priviledges of the Church this is one That the goods of such as turne religious be applyed to their Monasteries By meanes of which priviledge an infinite company of Monasteries have beene founded and multiplyed in all parts of the world That which was anciently done out of devotion is now practised out of avarice and to exercise oppression in such sort as they have already quite undone the laity So that it may well be said that such places either already erected or hereafter to be erected are nothing else but nets set to catch lay mens goods in O that a good Emperour would arise therefore that all the world might say Let peace be made by thy virtue and let plentifulnesse be within thy Towers CHAP. III. That Kings and Princes ought not easily to bee excommunicated and of the priviledges of the Kings of France and their Officers 1 HOwbeit Ecclesiasticall persons as Ecclesiasticall have no power over temporall matters but only Kings and Princes and those upon whom they derive their power yet so it is that in these latter daies they have taken upon them a jurisdiction in such matters applying even excommunications to that purpose For by meanes of them they have disposed of Kingdomes and Empires Dutchies and Principalities Cities Patrimonies and other such like things So our Councell useth them against duells against Combatants and their Seconds depriving them of their Cities and Places where such Duells shall bee fought and these of their inheritance and that by virtue of an Excommunication which shall bee thundred out against them Besides what we have spoke already concerning the disposall of temporall matters wee have elsewhere proved that it is an unjust and unlawfull thing to extend excommunications to mens goods to deprive such men of them to whom of right they appertaine We shall only say in this place that there ought to be very weighty reasons for proceeding to the excommunication of Kings and Princes yea there are some which thinke they are totally exempted from it 2 Ivo Bishop of Chartres saith they ought to be borne with in their faults not to bee exasperated in case they will not doe any thing upon faire admonitions Wee have set downe the place before The Clergie of Liege in their epistle to Pope Paschal the second say the very same If any man search the old and new Testament and the things which have beene acted there hee shall evidently find that Kings and Emperours can no way bee excommunicated or at least very hardly according to the Etymology of their name and the definition of excommunication And the question was never yet determined They may indeed bee admonished rebuked reproved by respectfull and discreet persons in as much as Christ the King of Kings hath reserved unto himselfe the condemnation or absolution of those whom he hath left to supplie his place upon earth 3 This Councell excommunicates them upon very sleight occasions as namely for using their authoritie in contracting of marriages to the advantage of some Gentlemen or Officers of their Court for giving way to a Duell and the like It is requisite to heare what answer a Synod of Rhemes made to an Archbishop of the same Citie hereupon whom Pope Adrian the second had commanded by his letters to abstaine from communicating with Charles the Bald Emperour and King of France which he certified the assembly of They said and doe say with reproaches touching upon my meannesse who have alwaies strived to the utmost of my abilitie and knowledge to promote the priviledges of the See Apostolique that such a command as this was never given out from that See to any of my Predecessours even in those times when as every man knowes there were warres and seditions betwixt confederate Kings living under the same Sacraments betwixt the father and the children yea even betwixt brethren And that wee never read that the Popes of the See Apostolique nor other Bishops of great authoritie and holynesse did ever withdraw themselves from the presence or refused to salute or conferre with hereticall or sâ—hismaticall Emperours Tyrants or Kings