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
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
46 But bee it granted that they ought not to be received but only as councellours yet still there will be a grievance here seeing they were never admitted nor summoned thither in that kinde There were only three Doctours of the Civill and Canon Lawes saith Onuphrius that were indeed called thither or to speak more properly sent thither But what to doe to bee slaves and servants to the Lords of the Councell Marke what service Bellarmine deputes them to Of Laymen saith hee some few shall be called thither as shall seeme serviceable and necessary for some office in the Councell That is in plaine English the Pope will send some such as he meanes to serve himselfe of so as the gate is shut against all others and such saith Bellarmine was the practice of the Councell of Trent We desired to heare thus much from himâ— that our complaint might have the surer ground This was not the forme of that famous Councell of Constance where were present men of great eminency of all countreyes and conditions those that have left us the description of it say there were twenty foure Dukes a hundred and forty Earles divers Delegates for Cities and Corporations divers learned Lawyers divers Burgesses of Universities And it may easily be gathered from the Acts of that Councell that the Laiques were not debarred from giving of voices and power of deliberating 47 At the first Councell of Pisa there were the delegates of Vniversities the Proctors of Cities and some Doctors in law to the number of foure hundred All of whom saith the Apology treating of points of divinity when they had deposed the two antipopes that contended for the Popedome and elected Alexander the fifth Pope in their stead a most learned and discreet man made many good ordinances in the Church of God 48 At the second Councell of Pisa there were also the delegates of Universities amongst others of Paris Tholous and Poictiers with sundry Doctours in Law and other men in great abundance say the Acts well skilled in matters both divine and humane Thus should generall Councels bee composed mainly then when the question is about putting an end to disorders schismes wars and bloud-shed then when the Clergy cannot agree themselves I know well it will be hard to perswade the Pope and his disciples to this who having usurped all authority over Councels surely over Clergy men of the meaner sort will be loath to let it goe I know besides the Pope is not well content that his presidency should be disputed nor his power of calling and confirming Councels which he pretends a title to that he is very impatient that any man should call him in question and indeed not without good cause there iâ— matter enough to put him past his patience Let us therefore take a friendly course handle the matter gently conferre together and depute some men of rare knowledge of all conditions whatsoever it may bee God will bestow his blessing upon it At least this care this endeavour this attempt will be commendable and excuse both before God and men those whom it concernes to provide for such matters CHAP. IX That this Councell was nothing else but a Papall conventicle 1 WEE may collect from the former discourse that no man had any voice in the Councell but such as were sworne to the Pope and thence quickly inferre therefore nothing was done there but what hee pleased Though the conclusion be good yet will we descend to the proofe of it King Henry the second saith as much in his act of Protestation He hath bred a suspition in all men saith he speaking of the Pope that this calling of the Councell againe was not any way for the common good and profit of the Catholique Church but rather upon compact and accord with those whose interests are served in this assembly He meanes the King of Spaine who was the Popes favourite and by consequence the Councels Nor was there any Canon or Decree or any other thing resolved there but by direction from the oracle of the Court of Rome witnesse Mr. Iames Amiot Abbat of Bellosane and afterwards Bishop of Auxerre who presented the act of Protestation to the Councell the first of September 1151 and who set downe the whole story of it in a letter of his written to Monsieur de Morviller They will not saith hee have this act come to light till there bee some or other answer to it which they expect to be sent them from Rome This makes that story credible which some have delivered in their writings urging Mr. Iames de Ligueris for proofe thereof who went to the Councell in behalfe of King Henry the yeere 1551 to see what was done there namely how the article of the residence of Bishops being even upon the point of being concluded upon with some infringement to the Popes authority hee being advertised thereof by his Legates commanded them to defer the conclusion of that decree for six months during which time he mustered up or created anew full fourty Bishops of Apulia and Sicily whom hee presently embarked and made them hye to Trent and how when they came there they hindred that resolution which was like to have beene made crying out that the Councell could not set lawes to the Pope and that they were all nothing but his Holynesses creatures 2 The Emperour Ferdinand hath said as much in termes so expresse in a letter of his writ to Pope Pius the fourth as takes away all scruple which can bee made hereof That it may be lawfull saith hee for the Fathers freely to speake and decree that which the Holy Ghost and their own consciences shall suggest unto them without feare or favour all good order being there observed by which meanes all confusion which might be feared shall be avoided so as there shall be no need of ruâ—ning out of the Councell for the determination of such points as are debated in it Wee are confident your Holynesse will never bend your designes that way and that you will never give way to the introduction of any novelty into a State so distempered and troubled whereby the liberty of the Councell may seeme to bee any way abated or violated There are yet other complaints in the same letters which shew but the too great slavery of those good Fathers and the little respect that was used towards them 3 The French Ambassadour gives them also some quips and those pretty ones and plain enough Christendome saith he hath reapt but little or no good at all from the many Councels which have been holden in and before our times both in Germany and Italy things remaine still at one stay that is in a poore and miserable plight But the caâ—se of that misery doth now cease and hath no place in this present assembly for their judgements were not free and for a great many of them there was more subjection to the humors
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
liberties by virtue whereof the Pope cannot dispense for any cause whatsoever with that which is of the law of God or nature or with that wherein the holy Councels doe not allow him to dispense And to that which is set downe in this point by the Ordinances of our Kings which expresly forbid all the Iudges of the land to have any regard To dispensations granted contrary to the Sacred Decrees and Councels upon paine of losing their places and declare furthermore That such as procure the said proviso's and dispensations shall not make use of them unlesse they get leave and permission from his Majesty CHAP. IV. Of Vnions of benefices 1 THe Councel leaves the Vnions of the benefices of Popes disposall at least such as are perpetuall for having made some rules concerning them it addes this clause Vnlesse it be otherwise declared by the See Apostolique The like may bee said of personall Vnions whereof the Pope may dispose at his pleasure by virtue of that clause Saving the Popes authoritie in what concernes manners and Ecclesiasticall discipline So then hee may make them at his will and pleasure and no abuse which he can use therein be subject to censure For from what hand can it come In the meane time see here a notable prejudice to all Christendome and which continually tends to the augmentation of this Papall power in attributing unto him the power of other Bishops to the end that all may depend upon him 2 In the Canon law it is said that Bishops may unite Churches Seeing then it belongs to their ordinary jurisâ—iction it is a wrong to them to take this power and facultie from them to bestow it upon the Pope To whom it is true so much honour hath beene yeelded in France as to receive his Bulles whereby they proceed to the union of benefices provided they be not personall and for the other that they be granted after full cognizance of the cause and upon very just and lawfull reasons And which is more it is not sufficient that those causes bee knowne to the Pope alone that they bee declared in his Bulls but hee is bound to send out his writs of delegation In partibus for the effecting of the said unions with cognizance of the cause and consent of the Patron and such as are any way interested in them Which is as much as to give the power and authoritie to the Bishops reserving the honour to the Poep as appeares by the Collection of the liberties of the Gallicane Church See here the very words of it The Pope cannot make any unions or annexions of the livings of this Kingdome during the life of the Incumbents nor at other times but he may grant out writs of delegation concerning unions which is conceived to bee done according to the forme prescribed in the Councell of Constance and not otherwise and this with the consent of the Patron and such as have any interest in them 3 In the fortie third Session of the Councel of Constance it is said that those unions shall be void which are not made ex veris rationalibus causis upon true and reasonable causes This is the forme which the former Article speaks of If they be made otherwise an appeale is put up to the Parliaments of this Kingdome to stop the execution who have ofttimes cassed and disanull'd such like Bulls upon such occasions and that without any regard of the lapse of time or any other prescription as appears by the testimony of our common Lawyers of France and by the Arrests which have beene granted out So by an Arrest of Paris of the 17 of February 1547 the union made by the Bulls of Pope Clement the sixt with the counsell of his Cardinals and a Commandery of St. Lazarus and another Commanderie of St. Iohn of Ierusalem was cassed and declared to bee void upon the Appeal as from abuse exhibited by the maister of the Order of St. Lazarus a hundred years after and that because it had beene made without any just cause 4 The union of the benefice of St. Saviour with the Church of St. German Lauxerrois in Paris made in the yeare 1456 by virtue of the Bulls of Pope Calixt the third was likewise disanulled by an Arrest of the Parliament of Paris of the first of Aprill 1560 and so above an hundred years after Although by the said Bulls there was a commission In partibus directed to a certaine Counsellour Clerk of that court of Parliament And this because it appeared to the Court that that union had not beene grounded upon any sufficiciently just and necessary cause 5 Another union of divers livings with the Church of Tulles in Limosin made by virtue of the Bull of Pope Leo the tenth in the yeare 1513 was declared to be abusive by an Arrest of the Court of Parliament of Paris And another besides of divers benefices with the Priorie of Limoges by an Arrâ—st of the grand Councell of the 13 of March 1559. Pope Innocent the eight had united the parish Church of Blonu with the Chapter of the Cathedrall Church of Limoges by his Bulls of the 19 of March 1488 upon very colourable and apparent grounds as appears by the Bull which a learned person of our times hath inserted in his works entire But notwithstanding all his faire narration it was anulled fourescore years after by an Arrest of Paris of the last of Aprill 1575 upon the Appeale as from abuse which was exhibited against the execution of it for defect of a Commission upon the place 6 Another Bull had beene granted by Pope Alexander the sixt in the year 1500 for the union of the Parish Church of Doway with the Chapter of the Cathedrall Church of the same place which is quoted by the same authour But the Parliament of Paris upon the Appeale as from abuse exhibited by the Curat of Doway to stop the execution of it disanulled the union by an Arrest of the 1 of May 1575 because there wanted a writ for a Commiâ—sion In partibus Divers other unions besides have beene declared to bee abusive because they were made without the consent of the Lay Patrons and the Bulls have beene annulled as well by the Parliaments as by the Grand Councell 7 Now the Councell of Trent hath derogated from all these Arrests and others of the like kind first whereas abusive unions may be disanulled without any regard to prescription or tract of time by this Councell prescription of fourtie years is approved unlesse it bee in case the Bulls were obreptitious or subreptitious that is unlesse the Pope had false information whereas by the foresaid Arrests no prescription is considerable As for the other which have beene made within fortie years it is said indeed that they ought not to be valid unlesse they were made upon just cause and those whom it concerned were called before the Ordinarie of the place but it
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
are wee suppose you know very well how the partisans of Donatus of their owne proper motion accused Cecilian then Bishop of Carthage before that ancient Emperour Constantine And he afterwards addes that the Emperour made an end of that Episcopall cause after he had the hearing of it 7 The Emperour Constantius having judged of the great impietie of Actius sent him presentlie into banishment and commanded that he should be carried unâ—o a certaine place of Phrygia saith Theodoret. The forme of proceeâ—ings is set downe by Sozomen a little more at large from whence we learne how Honoratus governour of Constantinople was first elected and deputed to proceed to the judgement of that Deacon and how the Emperâ—ur himselfe tooke it afterwards into his own hand While these twentie Bishops sent from both Councels were at Constantinople together with some others who met there occasionally power was first given to Honoratus whom the Emperour had appointed governour of Constantinople to judge the cause of Aetius in the presence of the Counsellours of the great Counsell But Constantius afterwards having taken the same cause into his cognizance together with the Magistrates Aetius was found to thinke amisse of the faith insomuch that both the Emperour and the rest were greatlie offended with his words full of blasphemie 8 Saint Augustine intreats Apringius proconsull of Africa and Marcellinus the tribune to condemne certain Clerks partisans of Donatus to a more gentle punishment than they had deserved acknowledging them for Iudges in Eâ—clesiasticall causes He speaks thus unto the Proconsul interceding for his enemies Why will you not mitigate your sentence seeing it is lawfull for Iudges so to doe even in other causes which doe not concerne the Church And a little after When their enemies are too mildlie proceeded against men are wont to appeale a Minori Wee love our enemies so well that if we had not a good opinion of your Christian obedience we would appeale from the severitie of your sentence This is spoken by a man which approved their jurisdiction otherwise hee would have said they had nothing to doe to judge of the controversie 9 The Emperour Gratian granted a commission to Sapor one of his chief officers to eject the Arrian Bishops out of their Churches and replace the Orthodox in them according to the law which he had made By virtue of this commission Sapor judged of the difference which was betwixt Paulinus Apollinaris and Meletius in point of Religion deposing the oâ—e and establishing the other Sapor saith Theodoret being appointed Iudge of those matters which were urged on either side adjudged the Churches unto great Meletius Paulinus remained Bishop and Pastor of those sheep whom he had formerlie separated from the rest and Apollinaris being rejected from the government of the Churches begun openlie to publish that doctrine which hee had latelie invented and declare himselfe the head of that sect 10 Maximus the Emperour of the Gaules received the appeale which was put in by Priscillian Bishop of Spaine from the Councell of Burdeaux to whom hee had committed the judgement of him Hee deputed Euodius one of the governours of his Provinces Who after he had heard Priscillian in two judgements hee being convinced of the crime was by him pronounced guilty and sent to prison againe till such time as he had certified the Prince of him The processe being related at Court the Emperour was aminded that Priscillian and his complices should bee condemned to death 11 Sometimes the Emperours themselves or their Officers proceed to the judgements and condemnations of Clergymen with Councels called for this purpose by the authoritie of the same Emperours So Elpidius and Eulogius Magistrates and Officers were commanded by Theodosius to assist at the second Councel of Ephesus where the condemnation of Eutiches was controverted Their Commission runnes thus To be present at the judgement and to take order that a speedy and pertinent proofe be made by the Synod and sent to the Emperour Those who had beene Eutiches his Iudges before being now present but not Iudges 12 Wee read in the Acts of the Councell of Chalcedon of a petition put up by Eusebius Bishop of Dorylea directed to the Emperours Valentinian and Martian where hee intreats them that they would grant the cognizance of the injurie which had beene done unto him by Dioscorus Bishop of Alexandria unto the second Councell of Ephesus and of the death of Flavianus Bishop of Constantinople whereof the same Dioscorus was accused at the Synod of Chalcedon To the intent that it may heare us these are the very words and also Dioscorus and report unto your pietie all that passeth that you may doe in it as it shall please your clemencie Wee read there also another petition of Savinian Bishop of Lesina exhibited unto the same Emperours whereby they are intreated To command that his cause may bee examined in their presence it was so in the presence of the Officers and Magistrates who passed sentence upon it in full Councell ordaiâ—ing that Savinian should continue in his Bishoprique yet with a Proviso Which was agreed unto by the whole Councel Where it is to bee observed that these Magistrates first judged of the cause and pronounced the sentence and afterwards asked the Fathers of the Councel whether they liked it or no. The holy Synod say they having heard what sentence wee have past let them say whether they decree the same or whether they be of another opinion The holy Synod said There is nothing more just nor more upright 13 In the third booke Iuris Graeco-Romani in the first tome we read this Decree concerning the deposition of a Bishop Iohn Amathunt Bishop having been depos'd by Iohn Archbishop of Cyrus and the Decree of that deposition having beene read at the Emperours tribunall having found that he was depos'd by fifteene Bishops and one Archbishop the most holy Patriarch Luke with the assistance of his Synod and the Senate there present ordain'd that such deposition was invalid and of no account because the whole Synod of the Church of Cyprus was not assembled 14 Sometimes the Emperours confirmed the sentence of the Synods containing such condemnations As Iustinian did that of Anthemius Archbishop of Constantinople and of some others deposed by a Synod of Constantinople And that because those condemnations were found to bee invalid if they were not fortified by the Emperours to whom such jurisdiction did properly appertaine Iustinian after hee had made the confirmation aforesaid saith If there bee any other thing contained in the sentence of the most holy Bishops which deposeth and anathematizeth the persons aforesaid wee also ordaine the like more firmely and with more continuance and wee make it of force by our Imperiall lawes just as if it had beene a thing done by our owne command 15 The Popes have so farre beleeved and holden for certaine this jurisâ—diction of Emperours
beside the Pope may be their Iudges alwaies provided that they judge according to the Bulls which are granted unto them and observe them CHAP. V. Of the Letters of grace or Pardons for criminall matters 1 HAving put the Pope above Councels above the Emperour above Princes and above all Clergie men whatsoever having given him the jurisdiction spirituall and temporall and in a word the power of life and death over al creatures as masters had anciently over their slaves it was very good reason to leave his mercie to the liberty of his conscience to grant life to such as he shall thinke good Hence it is that these good Fathers leave it to his discretion to grant Letters of grace and pardon to whom hee please for there is no restriction They give order indeed that criminals and offendors shall not cozen his Holinesse or at least that they reape no profit from their lying For they command the Bishop that shall take the cognizance of them or shall have passed the sentence of condemnation upon them to take speciall knowledge of the subreption or obreption of the Popes letters and of the knaverie that any shall use towards his Holinesse for feare lest they make not a good market for their offences and abate something of those rights which the Pope receives of them for the pardon He that purposely laid in wait for a man is more deeply taxed than he that killed another onely by chance and so of the rest This is the meaning of that Decree And to the intent that all may depend upon the Pope and it may be further lawfull for him to barter with the delinquent â—or the pardon of his offence in case hee will give a more reasonable price for it the cognizance and judgement of this false information is given unto the Bishop onely by commission from the Pope to whom consequently it will be ever lawfull to have recourse by way of Appeale or otherwise Wee will here set downe the Decree at large that the truth of our exposition may be better knowne 2 And for as much as it happens now and then that upon fained causes which yet seeme probable enough some extort such pardonâ— whereby the punishments inflicted upon them are either totally remitted or à bated seeing it is intolerable that a lye which displeaseth God so much should not onely bee unpunished it selfe but also procure pardon for another offence to the lyar therefore it determines and decrees as followes That the Bishop residing upon his Church may by himselfe as Delegate for the See Aposâ—olique take the cognizance even summarily of any subreption or obreption of pardon obtained by false petitions for the absolution from any publique crime or offence which he had taken into his inquisition or remission of the punishment whereunto the delinquent was by him condemnedâ— and the said pardon not admit after it shall appeare that it was procured either by false information or concealment of the truth 3 Our ancient Canons never yet spoke of such Graces they talk indeed of pardoning of sins as Priests but not of remission of crimes as Kings Princes And that which Innocent the third speaks of subreption oâ— obreption of the Popes letters holds onely in civill matters The glosse upon it which expresseth divers cases of subreption and obreption assignes none eâ—â—e The referenâ—â— made by Gratian to the constitution of the Emperours Theodoâ—â—aâ— and Valâ—â—tinian tends to another purpose as namely to shew that the Pope hath no intention to take away another mans right by his dispensations It is a thing never heard of in France before this present that Popes should intermeddle with granting of pardons The very faculties of the Legats sent heretofore into this kingdome make not any mention of it but onely of the remission of sinnes proceeding from crimes And though there should bee any such thing yet they are still curb'd in with this bridle To use it in such things as are not contrary derogatory nor prejudiciall to the rights and prerogatives of the King and Kingdome nor against the sacred Councels the lawes of the Vniversities the liberties of the Gallicane Church and the Ordinances royall 4 The Clergie of France doe not hold their Ecclesiasticall jurisdiction of the Pope but of the King alone howsoever the Iesuites teach the contrary When they doe not use it as they ought when they connive at the punishment of crimes whereof they have the cognizance the Courts of Parliament may interpose by meanes of an Appeale as from abuse especiâ—lly considering it is it that grants them jurisdiction over spirituals And if the question be of granting pardon to a Priest or other Ecclesiastique not onely in a priviledged case but also upon a common crime by him committed it belongs to the King onely to grant it not to the Pope nor the Bishop And so it hath beene alwaies accustomed to be done in France as our Practitioners both ancient and modern doe assure us 5 We goe yet further which is that the Pope cannot restore Clergy men to their former state so as to free them from the infamy which they have incurred nor lay men unlesse it be to receive them into Orders Offices and Ecclesiasticall acts and not otherwise As also that within this Realme he cannot pardon or remit the honorary amends adjudged by a lay man albeit the condemnation were passed by an Ecclesiasticall Iudge and that against a Clerke as making such honorary condemnation a part of the civill satisfaction These are two entire Chapters out of the Collection of the liberties of the Gallicane Church CHAP. VI. Of the Popes Canons and Decrees 1 THe Emperour Sigismond made a very remarkable demand to this Councell for as much as concerns the Popes Constitutions and Decrees It would not be amisse saith he that the multitude of humane Statutes and Decrees were lessened and many superfluous ones cut off and that the Prelates would conforme their constitutions to the obligation of the law of God Heare now the justice which these Fathers did him The holy Councell hath thought good to put secular Princes in mind of their duty trusting that they will not suffer their Officers or inferiour Magistrates to violate the immunity of the Church and Ecclesiasticall persons but that they together with the Princes themselves will yeeld due obâ—dience to the sacred Constitutions of Popes and Councels Wherefore it decrees and commands that the sacred Canons all Generall Councels together with other Apostolicall Ordinances made in favour of Ecclesiasticall persons and Ecclesiasticall liberty and against the violators thereof all which it â—enewes by this present Decree bee precisely observed by all men 2 See you here that which comprehendeth all the Canons Decretals Clementines Extravagants Bulls Taxes and all other Papall Constitutions and Ordinances of what kinde soever they bee even such as concerne temporall matters as the most of them do and which containe some
in these times For the question being about the taking up of their quarrell he speaks thus I aske where is that which is able to passe the judgement which they pretend shall it be amongst them so the same enemies should be both witnesses and judges but even humane affaires ought not to bee committed to such a judgement how much lesse divine and ecclesiasticall every wise man doth perceive Say we then that those who were out of favour with the Pope and his adherents were wise and well-advised that they would not trust themselves to his judgement Pope Nicholas the first who quotes these two examples in an epistle of his to the Emperour Michael gives us this rule That our enemies and those whom we suspect should not be our judges Which as he saith was decreed at the Generall Councell of Constantinople and gives this reason of it Because nature teacheth us to avoid the plots of suspected judges and refuse the judgement of our enemies After all this Gratian makes this conclusion That how manifest so ever a mans offences be he should not for al that be coÌ„demned by his enemies It were superfluous here to alledge the Civill Law to prove that the enmity of the judge gives sufficient cause of refusing him in point of judgement seeing it is a matter well enough knowne CHAP. VI. That the Councell was holden in the midst of divers troubles and tumults THE hatred of the Pope towards the Protestants and the King of France did shew it selfe so fully before that it burst out into cruell warres Where we may observe an egregious nullity of the Councell in all the Sessions thereof in that it was begunne continued and ended amongst the troubles raised against the King of France the Protestants of Germany and them of the Religion in France by the instigation and inducement of the Pope and his instruments This is evidenced by the very acts of the Councell it selfe for at the end of the tenth Session holden September the 14. 1547. the Cardinall de Monte the Popes Legat and President of the Councell speakes thus Besides these difficulties there is the heynousnesse and enormity of an unexpected accident which befell the person of the most illustrious Duke of Placentia which doth so take up our employment for the defence and safegard of the liberty of the Cities which belong to the Church that we our selves are not in safety one houre no not one minute of an houre The Popes Legats make this remonstrance in the sixth Session That of a suddaine there are such broiles and such warres kindled they are the very words of the Councell that the Councell is constrained as it were to stop it selfe and breake off its course with no small inconvenience and all hope of proceeding further is now quite taken from it and so farre is the holy Councell from redressing the evils and incommodities of Christians that contrary to its intentions it hath rather irritated than appeased the hearts of many Pope Pius the fourth in his Bull of the publication of the Councell which was for the continuation of it bearing date the 30. of Decemb 1560. affords us such another testimony But saith he as soone as new broiles were raised in the neighbouring parts of Germany and a great warre was kindled in Italy and France the Councell was afterwards suspended and adjourned 2 But it is requisite we make these troubles more plainly evident seeing it is a most just exception against the Councell The Protestants complaine that the over-hasty resolution made by the Fathers in that Councel was purposely to wage warre against them The Duke of Saxony and the Lantgrave of Hassia say so downright in their letters Whereas you buckle up your selves to set upon us with force without once telling us the reason why wee referre that to God and as soone as we shall know what yee accuse us of we will answer so as every one shall say that we are wronged and that ye undertake this warre by the impulsion of the Antichrist of Rome and the wicked Councell of Trent Though wee give no credence to these letters yet let us heare what Pope Paul the third saith to it in his letters to the Suitzers of the third of Iuly 1546. 3 We thought the obstinacy of these villaines would put us upon the necessity of falling to force and armes but having oft considered what was to be done praying God to let the light of his divine counsell shine upon us it is falne out fitly that our most beloved sonne in God Charles Emperour of the Romanes ever Augustus being offended meerly with the same villanies of those rogues that we were and for that a Councell being granted by us to the German nation mainly by his meanes and at his entreaty those who despise it despise also his authority and all that he hath done concerning it as some doe very injustly and sawcily hath resolved by force of armes to revenge the holy cause of wronged truth Which occasion as being without doubt offered unto us by God himselfe we very readily embrace being resolved to second the good intentions of that great Emperour with all the meanes and forces which either we or the Church of Rome can raise 4 Now that the Councell of Trent hath had a hand also in that designe of war not onely the Historians relate but it may be fairly concluded from hence that they never gainsaid it For it is not any way likely that they should suffer such a warre to be made under their noses and they not approve of it While the preparations wâ—re made for it nay while the armies were in the field and that under the conduct of Octavianus Farnese the Popes nephew and all was in an uproare and combustion the Councell made decrees about the controversies of greatest importance when there were but a very small number of Bishops there 5 When Iulius the third came to the Popedome in February 1550. upon the Emperours intreaty hee ordained that the Councell should bee continued Where we may observe that at the very same time a warre was denounced against King Henry the second by the Pope and the Emperour and that upon an injust quarrell Which is proved out of Onuphrius an Historian of the Popes in the life of that Iulius He gave some hopes saith hee of composing the differences in religion when at the request of the Emperour hee declared by his â—ull in the first yeere of his Popedome that the Councell should be continued at Trent at the beginning of the next May. And presently after he addes He unwittingly put himselfe upon the warre of Parma and thereby set all Italy nay all Europe on fire Another Catholique Historian saith During the time that these things passed upon the frontiers of Flanders and Picardy the Pope at the Emperours request summoned the Councell to Trent for the extirpation of heresies Because it was plaiâ—e that Bononia
unto him And on the other side they set down this maxime That it is not lawfull for the Pope to take any thing for the use of the power of the Keyes which Christ hath committed unto him seeing Christ hath commanded Freely ye have received freely give They set downe many other heads of reformation like these which were never provided for As for example the abuses committed at Rome in the granting of benefices and Ecclesiasticall dignities by dispensations indulgences exemptions reversions commendams c. which are all derogatory to the Canoâ—s of the Church And yet these deputies composed these Articles of reformation after the Pope had charged them by oath to tell him the truth upon paine of excommunication as they themselves testifie in the same Act. CHAP. II. Generall complaints touching the reformation of the Head AFter the proposall of these demands I will now shew you two things First that the Councell never touched upon most of them and therefore there was a plaine denyall of justice Next that they are no new demands being they were made and repeated divers times in divers ages and by divers men to which we shall adde the severall complaints that have hereupon beene made by many good men for the most part of the Clergy The very same demands were also for the most part made by the Protestants and the rest that had relinquished their obedience to the Pope But I will not speake a word of that as I protest also that I will not use reasons of divinity to justifie them nor authority of Fathers but very seldome 2 The first and principall and that upon which many others depend which we shall onely handle not medling with the rest is the reformation of the Head that is the Pope of Rome which was required by the Emperour Sigismond and that in termes very respective heare his owne words First that the supreme Bishop would be intreated to condescend that there might bee some reformation in himselfe and the Court of Rome Conformable whereunto was the King of France his demand for hee required in expresse termes that the abuses of the Court of Rome might be reformed with proffer of reforming those of his owne kingdome besides his Ambassadours had an expresse Mandamus to adhere unto such as should desire any reformation Pope Adrian the sixth had professed also that it was very necessary in regard of the great abuses and corruptions of that See The Deputies of Pope Paul the third make all the abuses and maladies in the Church to be derived from thence Those enormities which were required to be reformed were the cause of all the schismeâ— and divisions in those times for thence grew the first originall of complaining that was it that caused this Councell to be so desired and sought after 3 Yet for all that the Fathers of that Councell would never touch upon it so much as with the tip of their finger This is plaine from all the Acts and Decrees of it as also from the oration which Pius the fourth made in the Consistory upon the confirmation of the Decrees of that Councell Wee heartily thanke the Fathers saith he that in matters concerning the correction of Ecclesiasticall discipline and reformation of manners they had so much respect unto our authority and were so moderate on our behalfe that if wee our selves would have beene our own reformers in what concernes us and not have left all to the Fathers we should have beene more severe against our selves Adding afterwards If theâ— Fathers for reasons best knowne to them have omitted any thing or beene too timorous we are ready to releeve their modesty and supply the rest as being left to our judgement See here faire promises but we yet expect the performance of them We will here adde by way of commentary that which Claudius Espenseus a Sorbâ—n Doctour and a witnesse above all exception hath written hereupon 4 Wherefore saith he that Councell so much desired by all men interrupted for tenne whole yâ—eres at last obtained of Pius the fourth resumed again at Trent and there assembled the third time although all was by the Pope referred to the Fathers yet it sâ— forbore the purging of the Court of Rome that even in all that it prescribed to inferiours touching the reformation of manners and Ecclesiasticall discipline it protested that the authority of the See Apostolique stood safe and sound in the 21. Canon of the ninth and last Session In so much that the same Pius no lesse pious than sensible hereof did heartily thanke the Trent Fathers in an Oration which he delivered publikely at Rome in his Consistory of Cardinals who were there assembled in great numbers that they had such a speciaâ—l regard of his authority in the Ecclesiasticall reformation and had used him so gently that if he should have undertaken to reforme both himselfe and thâ—se about him he should have beene more severe What remaines then but that he refuse not the authority of a reforming Councell and that he supply what the Fathers for certaine reasons did oâ—â—it and that wherein they were over timorous it being left to his discretion as he promised to doe in that Oration For if it was as truly as freely spoken by Pope Adrian that the corruption of manners now reigning is derived from the head to the body of the Church it is requisite that his successour Pius sâ—â—â—e his Sanctuary and beginne at his owne house He sees well enough to what plight the Church of the holy Apostles yea the whole Church of Christ is brought by the base gaine and filthy avarice of some of his predecessors who sought that which was their own and not that which was Christs how many men are gone away from it within these few yeeres in so much that it is to be feared there will more goe yet if hee doe not now at last apply some remedy after much delay of salving those sores wherewith the Church is oppressed which delay the longer it is the more chargeable it will be The principall cause of these so long stirres is because for so many yeeres nothing is altered nothing amended and that which cuts off all hope of reformation is that they would see a reformation in all the rest of the body of the Church who have suffered for so many hundred yeeres together that City wherein they have both meere and mixt power and jurisdiction to bee the most deformed of all For what excuse can they alledge or what can they invent either true or likely they to whom neither King nor Emperour people nor Clergy not a Generall Councell no nor the whole Church must say so much as Why doe you so What pretence I say can they have for delaying so long to reforme them and theirs For where shall wee finde under the Sunne greater licentiousnesse in all evill greater outcries greater impunity I had almost said infamy and impudence Without doubt such and so great it
hee haed not been accustomed to holding of stirrops But the Pope from his excuse drew a subtile argument agâ—inst him to pronounce him unworthy of the Empire for saith he if he have neglected out of ignorance a thing which is so easie how thinke you hee will manage weightie matters The Emperour seeing himself in danger to be degraded as insufficient and incapable of the Empire bended all the nerves and veines of his wit to make this dilemma which gained him the cause I would be better informed saith he whence this custome proceeded whether out of good will or out of custome if of good will the Pope hath no reason to complaine if a man have failed in a thing which concernes civility seeing that consists in the minde of the giver and not in necessity of right if you say that this reverence is due to the Prince of the Apostles from the first institution what difference is there betwixt the right stirrop and the left so that humility be observed and the Princâ— humble himselfe to the feet of the supreme Bishop The Historian addes That the question was disputed a long time and with much eagernesse Hee sayes further That they parted without giving him the kisse of peace It went so farre that the Pope returned without crowning Frederick and beeing intreated and importuned thereunto by the Princes of Germany he commanded him first and formost for pennance of his fault to goe and conquer Apulia from the Popes enemies to restore it to S. Peter and he had much adoe to make him give over that designe All this is reported by a German Priest not suspected Iudge yee now if he did not play his part well 4 There was yet after that another great quarrell betwixt them by reason of certaine letters which the Emperour had writ to Adrian wherein hee committed this grosse absurdity to put his owne name before the Popes whereat hee being justly offended told him in his letter That he wondred much at this that he seemed not to give unto S. Peter and the holy Roman Church her due reverence for saith he in those letters which were sent to us you put your name before ours wherby you incurre a censure of insolence if not of arrogance Whereunto the Emperour replyed That all the royalty which the Popedome had it had it by the liberality of the Emperoursâ— and thereupon said hee when wee writ unto the Pope of Rome wee put our owne name before of right and custome and by way of justice wee allow him to doe the like when he writes unto us Search the records and if you have not observed what we affirme wee will shew it you 5 We might here adde the picture of Rome which represents Innocent the 2 sitting in his pontificall chaire and Lotharius the Emperour who received the crowne from him lying prostrate at his feet which as Historians say caused the Emperour Frederick the first to fret and fume when he cast his eye upon it As also that forme of inscription in Innocent the fourths letters Innocent c. The virtue of God the wisedome of God to whose unspeakable majestie all things are subject 6 Henry the 4 was injoyned this pennance by Gregory the 7. Not to goe out of Rome for a yeere not to get on horse backe to visite the Churches in a Pilgrims habit and to bring forth fruits worthy oâ— repentance by fastings and prayers While the poore Emperour was at his Pater nosters submitting himself to all that hee would lay upon him the Pope made another Emperour to bee created in Germany whereof a German Priest gives this reason That the Cardinals and others of the Court of Rome seeing how the earthly powers trembled for feare at the shaking of the See Apostolique and how those that bore up the world did bow downe to it might suggest to the Pope that he should conferre the Empire upon another Another time comming to meet with the Pope at Canisium bare foot in the midst of Winter in Pilgrims weedâ— he was compelled to stay three dayes in the Suburbs like a poore rogue without obtaining audience 7 The indignity done to Frederick the first by Alexander the third is well enough knowne when he received him in peace he cause him to cast himselfe upon the ground in S. Marks Church in Venice and to aske him pardon when setting his foot upon his neck hee said these wordsâ— Thou shalt goe upon the Basilisk and Adder the Lyon and the Dragon shalt thou tread under foot 8 A Duke of Venice to make his peace with Clement the fifth for himselfe and the State was constrained to goe upon all foure towards the Pope with a chaine about his neck Innocent the 4 would not forgive Frederick the 2 notwithstanding the intercession made by King S. Lewes who writ unto him in person to Lions who offered in behalfe of the Emperour for satisfaction of his faults To goe in Pilgrimage into the Holy Land to make warre and stay there all the dayes of his life Whereat the good King taking scandall came home vext and ill appeased having found no humility in the servant of servants saith an English Monke Nay which is more Hee forbad him entrance into his Kingdome saying The Vicar of Christ followes not the footsteps of Christ as the same Authour 9 The same King by the Councell of the Peeres in France had formerly denyed Gregory the 9 entrance into his Kingdome Knowing that by his comming there would no good come either to the King or the Kingdome saith the Historian who further addes this speaking of the French men and the Pope They were affraid that hee would not know his enemies as the rat in the poke or the serpent in the bosome And yet this King was Canonized by the Popes Philip the Faire was in danger to be so by Clement the 6 for sending Boniface into Paradise But Lewes the 12 was excommunicated by Iulius the 2 for being too good to him and Henry the 3 by Gregory the 14 because hee was growne too devout and doted too much upon the reliques of Rome 10 Let us now see some draughts of the Popes greatnesse taken from that description which the Bishop of Zamore and Constable of the Castle of S. Angelo makes of it in his mirrour of mans life which he dedicated to Pope Paul the 2. That the Pope is instituted and ordained not only for humane principalities but also for divine not onely to rule over mortals but also immortals not only over men but also over Angels not only to judge the quicke but the dead also not only in earth but also in heaven not only to preside over Christians but also over Heathens And to bee short that he is instituted and ordained by the great God in his stead over all mortals to be held in the same dignity to have the same power and jurisdiction and the superiour and
himselfe So that St. Hierome ought to have used another phrase when hee said in his Apology against Ruffine Tell mee by what Emperours command that Synod was called Hee who was a Clergy-man should rather have said Tell mee what Pope consented to the Synod For our Sophisters hold that the Popes authority is the soveraign plaister which salves all and that it is no matter who call them so that his authority come in any way either in the beginning the middle or the end But what will they say when wee shall make it appeare that the Popes themselves became supplicants to the Emperours to intreat them to call Councels That they became the Emperours servants in calling them at their command That they were summoned unto Councels as well as other Bishops Yea that the Emperours have holden Councels sometimes without them sometimes against them It is necessary that wee treat a little at large of all these Articles to take away all meanes of shifting and evasions from such as will not yeeld to reason CHAP. III. That the Popes have beene suiters to the Emperours to get leave of them for the holding of Councels WE descend to the proofe of this point not without good reason considering that some have ventred so farre as to affirme that the Emperours called Councels onely by commission from the Popes Alledging to this effect a misconceived passage out of the epistle sent by the first Councell of Constantinople to the Councell at Rome which wee have expounded in the first chapter of this third Booke Wee therefore maintaine this assertion to be so farre from truth that on the contrary the Popes have become humble suiters to the Emperours to desire of them that they would call Councels 2 Pope Liberius upon the instance made unto him by Constantius an Arrian Emperour to abandon Athanasius considering how hee stood condemned for a heretique by a Synod makes this reply That in proceeding to Ecclesiasticall censuâ—es great â—quity ought to bee used and therefore if it please your Holynesse command that an assembly be called to sit upon him to the end that if he be to be condemnedâ— sentence may passe upon him in manner and forme Ecclesiasticall By which words hee meanes nothing else but the calling of a lawfull Councel Which may bee collected from the sequell of that discourse betwixt Constantius and Liberius about the Councell of Tyre wherein Athanasius had beene condemned As also from that which Ruffin delivers concerning this particular in the sixteenth chapter of his Ecclesiasticall History 3 Pope Celestine with his fellow Patriarchs were petitioners to Theodosius the Emperour for the Councell of Ephesus These things were no sooner known to the other Patriarchs saith Zonaras speaking of Nestorius Patriarch of Constantinople but Celestine Pope of Rome Cyrill Patriarch of Alexandria Iohn of Antioch and Iuvenal of Ierusalem opened the cause to the Emperour Theodosius and Pulcheria the Empresse humbly entreating them to cause the opinions of Nestorius to bee examined in a Councell 4 Sozomen reports in his eighth booke and 28 Chapter how Pope Innocent sent five Bishops and two Priests to the Emperours Honorius and Arcadius to entreat a Synod of them together with the time and place for the calling of it 5 Pope Leo together with the whole Synod assembled at Rome earnestly entreats the Emperour Theodosius in his 23 Epistle that hee would command a Generall Councell to bee holden in Italy Hee repeats the same request to the same Emperour in his thirty first Epistle and withall makes use of the favour of the Empresse Pulcheria in his twenty fourth Epistle As also of the Empresse Eudoxia as appears by her letter to the Emperour and his answere which are recorded in the Acts of the Councell of Chalcedon and further confirmed by the testimony of Zonaras 6 Pope Gregory exhorts one of our Kings to command a Councell to bee called for the punishing of the vices and abuses of the Clergy within his Realme Wee are urgent upon you by our second exhortation that for the reward which you shall thence reape you would command a Synod to bee assembled and as we have long since writ unto you cause the corporall vices of the Priests and the foule heresie of Simony to bee condemned by the joynt sentence of all the Bishops and to bee utterly rooted out of all the confines of your dominions This passage is the more remarkable in as much as it is put into the Canon by some of those that collected the Canons and Decrees of the ancient Fathers and also this his request is often repeated in his several Epistles to King Theodoric King Theodebert and Queene Brunechilde 7 Nor did the Popes herein any thing but what was the common practice of other Bishops who when just occasion was offered became supplicants to their Princes for the keeping of Councels Athanasius reports how himselfe and some others finding themselves aggrieved by the Arrians petitioned the Emperour Constans for the calling of a Councell and how upon their intreatie it was called at Sardis whither the Bishops repaired from above five and thirty Provinces The list of whose names you may finde in Theodoret. 8 The Arrian Bishops prevailed with the Emperour Constuntius for the calling a Councell at Milan They perswaded him saith Theodoret to call a Councell at Milan a City of Italy and compell all the Bishops to subscribe to the abdication of the injust judges of Tyre and to set out a new Creed and cast Athanasius out of the Church Thither the Bishops came in obedience to the Emperours royall command Eusebius with his partisans that were of the same sect desired the Emperour to have it at Antioch who by the cunning of the Arrians was wrought at last to proclaime two Councels one at Seleucia for those of the East and another at Ariminum for them of the Western Church 9 Besidesâ— that at other times also they called Councels by virtue of the Emperours authority is plaine from that passage of the letter which was sent by the Generall Councell at Constantinople to Pope Damasus and the Synod at Rome where they mention how the Pope and his Councel had convoked the Easterne Bishops by virtue of a commission granted by the Emperour Theodosius But say they whereas youâ— proceeding to the holding of a Councell at Rome have out of your brotherly charity summoned us thither by virtue of the Emperours letters as your fellow members c. So then we are already at a great deale of oddes with those people that put the Cart before the horse CHAP. IV. That the Popes have beene summoned to Councels by the Emperours as well as other Bishops 1 EMperours when they intended to call Councels were wont to write unto all the Bishops that they should make their appearance at such places as they appointed but more especially to the Patriarchs and Metropolitans Thus much wee
like approbation in another Councel holden under him at Rome Yea further he approved the holy Scriptures and commandements contained in them Nay which is more all the Popes were wont at that time presently upon their creation to publish a profession of their faith and say their Creed according to a certain forme composed for them a peice whereof we yet read in Gratians Decree wherein they approved the eight Generall Councels and promised to keep and observe them There were other articles in that forme as the addition made by the authority of Gregory the thirteenth doth shew And it is probable they spoke of the Scriptures contained in the Old and New Testament yet will wee not affirme though that they tooke their authority from that approbation We shall observe by the way as a priviledge of our Kings that the Popes presently after their preferment to the Popedome were anciently accustom'd to send that profession of their faith unto them and it is to bee had to this day amongst the records of the Kings Treasurer under the name Benedictus as some of our French authours doe affirme 8 From all these passages we conclude that the confirmation of the Canons and Decrees of Councels which the Pope pretends to belong to him is of no more force and energy than that of other Bishops unlesse they will pleâ—â— this reason that the Pope had power to reject them and that those which he rejected were accounted for illegitimate So Damasus reprobated the Councell of Ariminum and gave the Bishops of Illyrium notice of that his rejection to which they conformed themselves but here it must be observed that this reprobation was made by the Councell of Rome and not by the Pope alone and that the Councell of Ariminum was generally condemned by all forasmuch as it confirmed Arrianisme 9 I shall willingly grant that the Pope upon good grounds might disallow a Councell and reject it of himselfe alone â—ut it must bee granted unto me likewise that it was lawfull for others to doe the like The Councell of Tyre having unjustly condemned Athanasius the Emperour Constantine writ some sharpe letters to them and commanded the Bishops of that Councell who were then removed to Ierusalem to come to Constantinople to render a reason of their fact and to justifie their sentence Saint Hilary rejected the Councell of Milan and writ against it Athanasius writes of the Emperour Constantius that hee served himselfe with the colour of a Councell to condemne him but that in very deed it was himselfe that gave the judgement against him He condemnes such a Councell as unlawfull and unjust This very reason doe we urge against the Councell of Trent Wee say it was but a Pope drest up in mummerie and which carried the name of a Councell that he hath taken too much power upon him in making the validity of Councels to depend meerly upon his authority Nay we say yet further that Emperours and Kings have farre more authoritie than he in the confirmation and approbation of Councels which we shall make evident by some examples 10 Eusebius in the life of Constantine witnesseth that hee confirmed the Councell of Nice The Bishops of the second Generall Councell write to the Emperour Theodosius on this wise Wee desire your clemency that you by your letters would confirme the Decrees of the Councell and command that it bee ratified and established In the first Action of that of Chalcedon it is said The Emperour Theodosius confirmed all that was decreed by the holy and Generall Councell And in the third Action the Emperour Martian said We confirme the reverend Synod by the sacred Edict of our serenity Pope Leo acknowledged that this kind of approbation belonged to the Emperour for being displeased with the second Councell of Ephesus to take order that it might not bee approved by the Emperour Theodosius he and all his Synod of Rome writ to him about it Both I and all the rest of the Bishop my Colleagues do beseech you most Christian venerable Emperor to command that all things remaine in the same state they were in before the holding of the Councell and the judgement there passed to bee suspended till such time as a great number of Clergymen may be assembled from all parts of the world And in another place All the Clergie entreat you with sighes and teares that considering those who were sent thither by us did faithfully oppose themselves against it and that Bishop Flavianus put in his appeale from it you would command a Generall Councell to bee kept in Italy The same Leo writ to the rest of the Bishops in commendation of the Councell of Chalcedon to the end that they should receive it as legitimate but it was as hee himselfe confesseth by command from the Emperour Martian 11 The Emperour Constantius prescribed the forme which they should goe by and the points which they should treat upon to the Councels of Ariminum and Seleucia and commanded them by his letters That so soone as they had passed sentence commanded them that ten of each Councell should come to the Court to informe him of their proceedings Wherein hee was obeyed by them Theodosius and Valentinian commanded the Oecumenicall Councell of Ephesus to send some of the Bishops unto them to acquaint them with the causes and motives of their deliberations which was done accordingly as appeares by the letters of the Councell to those Emperours Your piety being moved by our prayers say those good Fathers hath commanded that this Generall Councell should send unto you some of the Bishops and Religious to lay open all the causes and motives in your presence whereupon after thankes to God we have chosen out Arcadius luvenal Flavian Firmus Theodotus and Acatius Bishops Euoptius and Philippicus Priests and delegates for Celestine Bishop of the See Apostolique of great Rome whom we commend unto your sanctity desiring you to heare them graciously 12 After the second Councell of Nice called the seventh Generall was ended Those who had beene at the celebration of it saith Zonaras in the third Tome of his Annales repairing to the Citie of Constantinople they rehearsed the Acts of the Councell in the Imperiall Palace the Emperours presiding there in the face of the whole world which were approved and subscribed by the same Emperours We reade also that the Emperours did publish and promulgate the Canons and Decrees of Councels that they sent out proclamations concerning them that they dispersed them through the provinces to cause them to be observed with commination of penalties yea they directed them to the Popes themselves There are two severall Edicts of the Emperours Valentinian and Martian extant in the third Act of the Councell of Chalcedon whereby that Councell is confirmed 13 We have some pregnant examples in our Realme of France in case of such confirmations such were constantly reserved to our Princes by
the Councels there kept The first of Orleans addresse their Decrees to King Clovis with this recommendation If the things which wee have ordained be approved and found good by your judgement the resolution of so many reverend Bishops as are here is that the authoritie and consent of so great a King as you are be preserved The fourth of Arles holden under Charles the great breakes off with this conclusion We have briefly touched what we thought worthy of reformation with a purpose of presenting unto the Emperour what we have done about it desiring his clemency that if ought bee found defective it may be supplyed by his wisedome and what shall be amisse may be amended by his judgement and what shall bee found to be well done may be confirmed and perfected by his assistance 14 The third of Tours holden under the same Emperour in the same yeare makes this preface We have distinctly divided into chapters certaine points which we thought pertinent to so great a worke and to stand in need of reformation following therein the canonicall order that we might shew them to our most renowned Emperour The second of Cavaillon holden under the same Emperour saith in the preface We have observed certaine points and chapters to be presented to the Emperour himselfe and referred to his most sacred judgement to the intent that by his pruâ—ent examination those things may be confirmed which we with good reason have determined The first of Mentz saith to the same Emperour That your Imperiall dignity would command such things to bee corrected as stand in need of correction And they had said before That the chapters by us collected may bee confirmed by your authority The second of Mentz holden in the yeare eight hundred thirtie foure concludes with these words directed to Lewes the Gentle We desire that these resolutions which are sent unto you may be confirmed by your authoritie An ancient Historian gives this testimony of the third of Mentz holden under the same Prince They treated of Ecclesiasticall questions saith he speaking of the Bishops of that Councell but the King being imployed in publique affairesâ— and composing differences among the Princes and Governours of Provinces returned to Bavaria after hee had approved the Synoâ—icall acts which were referred to his judgement 15 In all this it is to be observed that in none of these Councels was it ever consulted about requiring of tâ—e Popes approbation nor his consent in any thing whatsoever which is much different from the manner of proceeding in that Councell which we reject Onely wee reade that a certaine Bishop of Rhemes sent the acts of a Synod holden at Soissons to bee confirmed by Pope Bennet who succeeded Leo. But withall that he did not doe it by any decree of the Councell and this example is not so much worth against so many to the contrarie And it is so farre from truth that the Popes confirmation was ever required to the Ecclesiasticall lawes of France that on the contrary the Popes themselves have received them as we prove elsewhere The Councell of Aix holden in the yeare 837 intreat King Pepin To take their act in good part There are divers others which doe the like 16 There are some also extant whose decrees are conceived in the name of our Kings whom the Councels bring in speaking that they may bee of more force which denotes the great authority of our Kings over Councels Such are the decrees of the Councell of Soissons holden under Pepin in the yeare 744. Such those of Francfort under Charles the Great about the condemnation of images and the Felician heresie Such are those of the Synod of Pistis upon the Seyne holden by Charles the Bald. Such the Pragmatique Sanction of Charles the seventh which is nothing else but the Decrees and Determinations of the Councell of Bourges and divers others A REVIEW OF THE COVNCELL OF TRENT BOOKE IV. CHAP. I. That the Councell of Trent advanceth the Popes authority above the authority of Councels IT is not said in expresse termes by the Decrees of the Councell of Trent That the Pope is above a Councel yet it is such an easie matter to see that this was the intention of those fathers that there is no reason to make any scruple of it So they which now adayes plead the Popes cause build their maine arguments upon it to whom by the way wee shall take leave to make some resistance in defence of the Gallicane Church and indeed of the liberty of all Christians See here 's then the meanes whereby the Pope is aâ—thorized by them to bee above a Councell 2 First of all inasmuch as the Bishops there present suffer'd and approv'd the Pope to use absolute prohibitions against them and that with commination of punishments and penalties and that of his own authoritie he commanded his Legats to remove the Councell without ever making any mention in his Buls of asking their advice but rather of mulcting them in case they should refuse so to doe Wee have already transcribed in the chapter of the convocation of Councels that passage wherein these things are contained 3 In next place Because the authoritie of the Pope is by this Councell in all things reserved which is as much as to say is preferr'd above the Decrees of the Councell so as hee may change and alter them at his pleasure In the second Decree of the sixth Session it is said The same holy Councell the same Legats there presiding intending to prosecute the businesse in hand touching reformation and residence hath resolved that it be ordained as followeth saving alwayes in all things the authority of the holy See Apostolique And in the 21 chapter of the last Session Finally the holie Councell declares that in all and every thing which hath been ordained in this holy Councell touching reformation of manners and Ecclesiasticall discipline under what clauses and words soever exprest as wâ—ll under Pope Paul the third and Iulius the third as under the most blessed Pius the fourth they were so ordained and decreed as that the authority of the holy See Apostolique is and must alwayes bee understood to be reserved 4 In the third place Because they give unto him power to declare interpret and resolue all doubts and difficulties which shall arise about the Canons and Dâ—crees of the Councell in such manner as hee shall thinke good 5 Fourthly Because in the conclusion of the Councell they desire a confirmation from the Pope of all and every such things as were there by them ordained anâ— determined 6 Fiftâ—ly Because they decreed that Provincial Councels shall promise and make protestation of true obedience to the Pope 7 Sixthly Because the Pope during the time of the Councell did and exercised what of right belonged to the Councel and not to him as the creation of Cardinals the according of Princes and other things of like nature
deliberation hath chosen the welbeloved sonne of the Church Thomas for supreme Bishop calling him by the name which hee is now called Nicholas the fift This was done in the yeare 1449. In the same Act it is said that the Kings of England France Sicily and the Dolphin did much further that union 17 Bellarmine urgeth Leo the tenth against us also and the Councell of Lateran which was continued and ended under him after it was begun by Iulius the second For the better judging of the validity of this Councell wee must know the cause of it as Onuphrius a witnesse beyond exception doth deliver it The French being puffed up with the good successe of their affaires summoned Pope Iulius the second to a Councell which should be holden at Pisa the first of September as it was agreed upon betwixt them and the Emperor and the Cardinals that were revolted from the Pope who having laboured to make peace with the King of France Lewes the twelfth upon condition of recovering Bonony and dismissing this Councell of Pisa seeing that hee was growne insolent after his victory and that he obstinately refused to hearken unto him by the advice of Anthony de Monte he called the Generall Councell of Lateran to Rome to defeat the Conventicle of Pisa. And besides he excommunicated the King of France the Florentines who had received the Councell into the City of Pisa and all those that were assembled thither He deprived five Cardinals of all their honours and dignities who had beene the authors of that Councell He labours to sleight the authority of this Councell by setting downe the small number of Cardinals yea by minishing of them contrary to truth For by the Acts thereof it appeares that there were other five besides those whose names hee rehearseth The author of the Dialogue upon the death of Iulius reckons nine Nine Cardinals saith Iulius who is the speaker revolt from me proclaime a Councell invite me to come to it desire me to preside at it when they cannot obtaine that they call it themselves and summon all the world unto it with the authority of Maximilian as Emperour and Lewes the twelfth King of France But let him make the number as little as he will it may suffice our other Frenchmen yea all good Christians that this reverend Councell of Lateran was not called out of any zeale to religion but onely to breake that of Pisa and to hinder the reformation which they would have made of the head and the members But it is fitting to shew thoroughly the validity of that of Pisa and the nullity of the Lateranâ— to the honour of our Kings and the shame of the Popes 18 The world had a long time gaped after that so much desired reformation of the Head and the members â—ivers Councels had bin holden for that end but still in vaine by reason of the Popes craftinesse I will say nothing without good warrant that is a thing must bee looked to nowadayes Give eare therefore to the instructions which the Cardinals that called the Councell of Pisa gave to Ioannes Baptista de Theodorico and Francis de Treio whom they sent to Rome Having not had any Generall Councels say they for so many years and howâ—ver some few were assembled as wee finde that there have beene five within these hundred years last past viz. that of Pisa Constance Siena Basil and Florence yet for all that the Church hath not beene reform'd effectually by reason of those impediments and quarrels which have intervened and the Lords field in the meane time is overgrowne with briers and thornes that must of necessity bee purged by a Councell Vpon this occasion also it was religiously ordain'd by the Councels of Constance and Basil that Synods should bee held every ten yeers 19 But this being neglected by the Popes after the Councels of Lausanne and Florence at last the See comming to be void in the yeare 1503 the Cardinals before they went to a new election bound themselves by an oath that hee amongst them upon whom the election should light should bee bound to call a Councell within two years after and they drew an instrument hereof whose inscription runnes thus The things underwritten are the publique chapters ordained betwixt the supreme Bishop that shall bee and the right reverend Cardinals unanimously and with common consent for the defence of the libertie of the faith and the reformation of the Church in the Head and members Then follows the text We all and every one of the Cardinals of the holy Church of Rome here underwritten do swear and vow to God Almighty to the holy Apostles Peter and Paul and promise to all the saints of holy Churchâ— that if any of us be chosen Pope presently after the solemnity of his election he shall sweare and vow purely and in all simplicity and good truth to keep and cause to be effectually fulfilled and kept all and singular the Chapters here underwritten and to require all notaries to send out publique Buls of the same 20 First of all hee shall swear and promise that in case of necessity of assisting faithfull Christians c. There are yet some more Chapters and then it is said Item forasmuch as it is very important to call a Generall Councell with all speed for the peace of Christians the reformation of the Church the abolishing of many exactionsâ— as also for an expedition against the infidels hee shall promise swear and vow to call it within two yeares after his creation and to begin it effectually in some place of freedome and safety which shall bee chosen by him and two parts of the right reverend Lord Cardinals by balots The oath and vow made by the Cardinals concerning the things aforesaid 21 Wee all and every one of us the Cardinals of the holy Roman Churchâ— assembled together at Rome in the Palace Apostolique for the election of a future Pope of Rome conâ—irming the Chapters aforesaid agreed upon amongst us with consent and concord for defence of the Catholique faithâ— Ecclesiasticall liberty reformation of the Church in the Head and members and for the band of charity and peace betwixt the supreme Bishop and the Cardinals of the Church of Rome his brethren do vow to God to the glorious Virgin Mary his mother to the blessed Apostles and to all the Court of heaven swearing upon the holy Gospels corporally touched one to another and also to the publique notaries here undeâ—written as legall persons covenanting in the name of the holy mother Church and of our sacred Colledge and of all others that have any interest therein that whosoever amongst us shall bee chosen Pope hee shall fulfill and keep all and singular the things contained in the said Chapters without all coven fraud and treachâ—ry and without using any exception that hee shall not countermandâ—ny of them directly or indirectly openly or privatly that after his election or before the publication of it hee
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
put weapons in the Princes hands to destroy his subjects hee suggests reasons unto him whereby hee may repell all such as would make him alter his designe This being well and piously considered the Prince will finde in his heart sufficient reason to assure him of the holynesse of the enterprize without resting upon the remonstrances of those seditious rebels grounded it may be upon some Edicts which by the policie and subtiltie of bad counsellours they have obtained of his Majestie to let them live at libertie But hee must answer them with a deliberate and resolved gravitie that if a man by reason of the hardnesse of the times have committed one fault against his will there is no reason he should commit two But that they which are the cause that makes him take armes should dearly buy the follie of their rashnesse And a little below But if they grow franticke and obstinate in their wickednesse they must resolve to endure from him such violence and roughnesse as shall bee seene upon them and their posteritie for ever they must blame themselves as guiltie of the persecution which he hath raised But if he doe not cleanse his realme from such an infection and stench let him not thinke ever to see the face of his soveraigne Lord God Hee hath sufficient authority to correct a sacrilegious Ordinance and pernicious to all the world by a good and just law Wee could yet bring more of this kinde but here is enough 16 It will be answered It is but one or two of the Iesuites that have said thus that the whole Order should not bee blamed for it that there are some among them that preach peace But observe here a very pat replie That none of them intermedles any thing with such matters but by command from their Genâ—rall which prescribes each of them his function and the Generall commands nothing but what is enjoyned him by the Pope whose oracles hee receives at Rome without budging a foot from him It is one of the rules of their institution For lest any might use zeale but not according to knowledge let the judging of what degree every man shall be and the deâ—igning and distribâ—tion of offices be wholly in the power of the Generall or Prelat wâ—ich shall bee appointâ—d by us any time whatsoever or of those whom hee shall suâ—stitute with such authoritie 17 Let us yet set down one most true maxime but which is as much or more verified in fact as in writing and then an end That the Iesuites applie all their divinitie to overthrow the States of Kingdomes and Principalities to make them change their maisters The Arrest of Paris given by the great Chamber and the Tâ—urnelle in full assemblie calls them Enemies to the King and State Such a companie as doth not judge upon the ticket of a sack There must have been great matters and very concluding proofes to declare them such to confiscate all their goods and banish them out of France Hee that shall read the pleadings upon that subject and the inscription of the Piramid will understand some part of it The examples of other States the blowes which they have struck which are but too well knowne to all Christendome their atchievements and â—onquests doe but too much bewray the inside of their stomach and make us beleeve it was not without a mysterie that they professed themselves unto Princes for Pedagogues of Armes CHAP. VIII Of the election and nomination to the investitures of Bishopriques Abbeyes and other Prelacies appertaining to the Emperours And first of the election of Popes 1 THis Councel gives the Pope the power of election and nomination to all Bishopriques Abbeyes and otheâ— Prelacies in all the Kingdomes and Provinces of Christendome For in the first Chapter of the seventh Session the Popes authoritie is reserved for as much as concernes Bishops their residence and other points of reformation This being so it must be at his disposall to ordaine what hee shall thinke good to draw unto himselfe and his Court all manner of nominations and elections to put out some and put in others to set up a trading and traffique in that behalfe as hee hath done at other times and doth at this present to make a common mart and a famous fare of his Court to rob Princes of the right which belongâ— unto them in point of nominations elections investitures and such like For if the Pope intermeddle as he may lawfully doe they can no way complaine of him nor debate their right against him nor say that hee deprives them oâ— what belongs unto them And indeed the same Councell hath decreed it down-right For it is said in the eighth Canon of the twentie third Session If any one affirme the Bishops that are created by the authoritie of our Holy Father the Pope of Rome to be no true and lawfull Bishops but a humane fictionâ— let him bee anathema 2 In the first Decree of the twentie fourth Session the election nomination and entire disposall of Bishopriques and Prelacies is given unto him without any more dissembling See here the forme which is there set downe 1 That at the Provinciall Synod which shall bee holden by the Metropolitan a certaine forme of examination inquisition or instruction proper to every Province be prescribed to all places 2 That it bee approved of by the judgement of our holy Father the Pope of Rome 3 That as soone as this examination or inquisition of the partie to bee preferred is finished it bee drawne into a publique instrumenâ— with all the attestations and testimonials and profession of faith by him made 4 That all bee sent forthwith to our most holy Father the Pope of Rome that having full intelligence of the whole businesse and of the persons if by the examination and inquisition they bee found fit men for the good of the Lords flocke he may profitably furnish the Churches with them 3 It may bee said that all this may be well understood without entrenching upon the right of others especially of Kings and Princes who have the disposall of them But that is provided for by another Decree in such sort that they are not indeed quite right excluded but a gappe is opened to their exclusion by inventing a way to make them yeeld unto them For in case the preferment be done without them they declare it to be valid and good And God knowes whether such a course will not bee taken that they shall have no hand in it at all Thâ— holy Synod further teacheth that in the Ordination of Bishops Priests and other Orders neither the consent vocation nor authority of the people or any other Secular power or Magistrate is so required that the Ordination should be frustrate without it But rather it decreeth that those who rise up to exercise these functions being called and ordained onely by the people or Secular power and Magistrate or by their owne rashnesse take
defend himselfe from an ignominious authoration and to procure the repeale of those anathema's which vexed his soule how ever unjust he was compeld to disclaime his rights 17 Now this force and necessitie appears by that testimonie of Otho Bishop of Freisinger Wherefore saith he the Empire being dismembred and broken many wayes the Emperour perceiving that the King revolted from him because of the anathema pronounced against him and fearing his fathers example having called a great assembly of Princes together at Wormes hee resigned the investiture of Bishops to Lampert Legat of the See Apostolique The revolt against him was such that his owne nephewes did abandon him saith the Abbat of Vsperge who addes these words the true tokens of this violence He surrendred Ecclesiasticall investitures unto the Church and all other spirituall matters which the Empâ—rours of Germany had so long managed and which hee had purposed for the not impairing the honour of the Empire never to forgoe so long as he liv'd No man can say but an injust anathema is an unlawfull force a violent impression and what is done by occasion thereof is lyable to restitution 18 The termes of this surrender doe elsewhere shew it to be personall and that it layes no obligation upon his successors It is the exposition which was put upon it in those dayes witnesse the same Bishop of Freisinger This priviledge therefore is set downe in writing for the Church and it is granted to him by way of exchange by the Pope that those who shalâ— be elected as well on this side as you side the mountaines shall not be consecrated Bishops till they have received the Royalties from his hands and by the Scepter Which the Romans say was granted for quietnesse sake and to him onely not to his successors Seeing by their confession the compact is no more but personall for as much as concernes what was granted to the Emperour by the same reason they must acknowledge it is just so in regard of what was granted to the Pope 19 So the Emperours which reigned after him complain'd of injustice even Lotharius the fourth the successor of the same Henry against Innocent the second witnesse the Abbat of Vsperge At this time saith he the Pope went to finde the Emperour at Leiege demanding assistance and favour of him against the said Peter and his abettors but the Emperour having taken advice what hee should answer begunne to redemand of the Pope the investitures of Bishopriques which the Emperours had enjoyed for a long time before The same was done by Otho the fourth Which a German Historian signifies unto us by these words speaking of the dissention of that Emperour and Pope Innocent the third As for the Pope saith he the reason of it might bee because the Emperour redemanded the ancient imperiall rights over Italy some whereof had beene lately transfer'd unto the Church But Marsilius of Padua affirmes it more clearly speaking also of the Emperour Frederick the secondâ— Otho fourthâ— saith hee and Frederick the second when they would have repealed it may be for lawfull causes these grants and priviledges he speaks of Investitures or indeed repealing them absolutelie or in part they endured many plots persecutions and impediments from the Clergy and Bishops of Rome 20 As for those Councels which were the cause of this renunciation and pronounced the Emperour anathema depriving him of Investitures it must be observed upon what grounds they stand They deprive an Emperour of the right of Investitures without hearing him without summoning him See here an injustice They condemne Investitures as hereticall they condemne then Pope Adrian the first and all his Councell of heresie who granted them to Charles the Great Leo the eight and his Councell who granted them to Otho as also all other Popes who tolerated them yea even those who approv'd them of whom we have spoken already 21 And upon this point we must heare what our good Bishop of Chartres that great Pope-Monk saith who is much troubled to defend this condemnation of heresieâ— and implication of horrible contradictions For in his epistles making answer to Iohn Archbishop of Lyons who reprehended herein the fathers of this Councell of Vienna Whereas saith he you reprehend those that ranke the investitures of Ecclesiasticall dignities made by Lay men amongst the number of heresies it seemes there is no great force in your reprehension For although hereticall errour lodge in the heart as well as Catholique faith yet notwithstanding as we know a Catholique by his Catholique works so wee know an heretique by his hereticall works God hath said by their fruits yee shall know them and every tree is knowne by his fruit And although externall investitures made by Lay men cannot be properly judged heresies yet to bee of opinion and to maintain that they are lawful is an undoubted heresie This is not said with sufficient reason For the Councell saith Investiture is an heresie and he makes no answer to that If it bee an heresie then it follows as wee said that those precedent Popes and Councels that authorized them yea to take in all that is in Ivo's answere that were of opinion they might and ought to bee given by the Emperours were truly heretiques 22 This Bishop makes us behold this heresie of another colour so much paines does he take to defend a bad cause for he judgeth it an heresie in case the Lay man which performes it doe thinke it to bee a Sacrament If any Lay man saith he fall into this follie that he thinks he can administer a Sacrament or a thing belonging to a Sacrament of the Church by the giving and taking of a rod wee judge him an absolute heretique not for his manuall investiture but for hiâ— diabolicall opinion Verily so should a Priest bee too that should beleeve his â—urre his surpleâ—â—e or his square cap to bee a Sacrament And yet hee must not therefore be devested of them In that epistle hee notes no other heresie in investitures but urgeth many reasons to prove they are not so yet notwithstanding he concludes that Princes must be deprived of them Because saith he being performed by Lay men it is an usurpation upon another mans right a sacrilegious presumption Hee speaks thus to maintaine the cause of the Pope and the Councell right or wrong 23 But let us hear what he saith of it formerly when he was in cold bloud in an Epistle of his written to Hugh Archbishops of Lyons As for that which you writ unto me how the said party elect received Investiture into his Bishoprique from the Kings hands wee knew nothing of it nor was it told unto us by any body But although it were so yet considering that hath no force of a sacrament to make a Bishop whether it bee done or not done I doe not see wherein it can be hurtfull to faith and religion yea we doe not finde that by Apostolicall authoritie Kings
whereat the said Archbishop was highly offended in so much that he with other Bishops at the Synod of Estampes were upon the point of revoking the said consecration made by the Pope as prejudiciall to the authoritie Royal. See here what the same Bishop saith of it in a letter to Pope Vrban Moreover I give your Holinesse to wit that the Archbishop of Sens being infatuated by the counsell of the Bishop of Paris having summoned the said Bishop of Paris and two others of the same humor to wit he of Meaux and he of Troyes did very indiscreetly accuse me this present year because of the consecration which I had received from you saying that I had offended against the Kings Majesty by attempting to receive my consecration from the See Apostolique We have heard before what this same Bishop said of Investitures speaking of the King of France 26 We may now conclude that elections nominations and approbations in point of benefices have alwaies belonged unto our Kings and have beene at their free disposall By their last ordinances they have beene pleas'd as well to disburthen themselves of that charge as also to prevent the enterprises of the Popes to decree that elective dignities should bee conferr'd by elections and benefices which were not elective by the collations and presentations of the Collators and Patrons And this according to the Councell of Basilâ— which hath tied the Popes hands in this respect and the Pragmatique Sanctions of St. Lewes and Charles the seventh Yet this was still with two conditions one that the Kings Congé d'elire should bee requir'd by way of preamble at least in respect of Bishopriques and Abbeyes otherwise the election should be accounted a nullitie Which is verified by the letters of our Kings as farre as King Lewes the eleventh containing the said licence which may yet be found in the treasurie of Chartres in a great box quoted xxv Which right was declared to belong to King Philip the Faire when the question was about Saint Maglairs Abbey as some report 27 The other that the said Prelates before they could be called such should be bound to take the oath of allegiance according to the ancient custome as it was determin'd by the Arrests of the Parliament of Paris against the Archbishop of Anx and the Bishop of Mantes Which was observed in the time of Philip the first according to the testimonie of the Bishop of Chartres who in his epistles addressed to Pope Paschal speaking of the Archbishop of Rhemes who had beene depriv'd of his dignitie and for whose reestablishment the said Bishop had interceded to the Kings Councell The Princes Court saith he inclining to the contrary we could not obtaine an entire peace unlesse the said Metropolitan would make unto the King such an oath of allegiance as other Archbishops of Rhemes together with all the rest of the Bishops of this Realme of France how holy and religious soever they were made to the Kings his predecessors Divers authors beare witnesse of this oath of allegiance made by Bishops to their kings and princes both in England and France and other places some of them set downe the very forme 28 Since this time our kings have beene compell'd to divide their rights with the Popes to give them content and be at peace with them by taking away elections and reserving unto themselves in stead thereof the nominations and allowing unto Popes the confirmations By the ordinance of Orleans King Charles would have taken the Clergie and people in to his share by decreeing that when Bishopriques fell void the Archbishop and Bishops of the Province and the Canons of the Cathedral Church should meet togther with twelve gentlemen chosen by the Nobilitie of the Dioces twelve Bâ—rgesses chosen in the Guildhal of the Archiepiscopal or Episcopal Citie to make he a nomination of three persons of which the King should chuse one whom he pleased to name Which notwithstanding we never yet saw observed 29 Wee will say for conclusion that it is no small advantage to the Pope to have the confirmation of the Bishops of France which was granted him by the Concordat but it will bee farre greater yet if he keepe that authoritie which is given him by this Councel For by it hee will quickly bring all these Concordats to nothing and wil resume the extravagancies of his predecessors who had got all the elections and collations of the Bishopriques and benefices of this Kingdome into their Churches to the utter ruine and destruction of it draining the Realme of moneyes and filling it with strangers and bringing it to an extreame miserie as we say else where 30 We shall only here observe the particular interest of Kings and Princes for as much as concernes their power and authoritie whereof they ought to be very jealous if they marke it There is nothing which fortifies it so much as that right which they have to chuse and elect Churchmen nor which weakneth it so much as when the Pope hath an hand in it either in whole or in part Ivo Pishop of Chartres although hee had received his Investiture from Philip the first yet in asmuch as he had got his confirmation from Pope Vrban he was alwaies affectionate to him and the See Apostolique even to the prejudice of the King and Kingdome to whom he did sometimes very ill offices as wee collect from some of his epistles On the contrarie because Lupus had got the Abbey of Saint Peter de Ferriers in the Dioces of Sens by the donation of Charles the Bald he was alwaies loyall and he even brags of it in one of his Epistles 31 An English Historian though hee bee a Monke yet hee knew well how to set out this interest of Princes For speaking of the consecration of certaine Bishops of England made by Innocent the fourth when he was at Lions hee saith They were consecrated by the Pope not without great damage and danger to the Realme of England For the Pope having so ingaged the Bishops unto him they found themselves more obliged unto him and despising the King they were more inclined to doe mischiefe to the Kingdome 32 The Bishop of Chartres continuing his devotion to Pope Vrban gave him notice of this point upon the election of an Archbishop of Rhemes who he assured the Pope was very zealous for the See Apostolique adding afterwards Now how necessarie it is for the Church of Rome to place in that See a minister which is devout and affectionate unto her it is not for me to informe your wisedome which knowes very well that this See weares the Royall Diademe and serves for a patterne almost to all other Churches of France either of ruine or Resurrection 33 Not without cause did Pope Nicholas the first stomach at Lotharius because he would not suffer any Bishop to bee chosen in his Kingdome unlesse hee were faithfull and well inclined to
urge the testimonie of our common Lawyers as of Mr. Giles Burdiâ— upon the Ordinances of the year 1539. Mr. Iohn Imbert in his institutions of common law Mr. Choppin in his treatise Du Domaine and many others would be a thing superfluous CHAP. II. Of Delegations and Evocations 1 THe Popes jurisdiction and authoritie is greatly augmented and inhaunsed in this that the Bishops and other Ecclesiastiques are made his commissaries and Delegates in divers cases which are of their owne proper and naturall jurisdiction It is said in the first chapter of the fifth Session That in the Monasteries of Monks where it may be conveniently done there shall bee a lecture read out of holy Scripture And that in case the Abbats be negligent â—he Bishops of that place must compell them by convenient remedies as delegates for the See Apostolique Now there is no doubt or difficultie but it belongs to Bishops to provide herein by their own proper authoritie in case of the negligence of Abbats For the Abbatsâ— Monks and Monasteries are subject to the Bishop of the Diocese where such Abbeyâ— stand and they are under his power and jurisdiction by the 21 chapter of the Councel of Orleans Canonized in the Decret They may depose the Abbats upon sufficient cause They must take care for the profit and advantage of the Monasteries and Abbeys See that no alienation bee made by the Abbats without their consent 2 As for that which is decree'd that the Abbats shall cause a lecture in divinitie to be read it is a thing which they are bound to doe in France by virtue of the 20 Article of the Ordinance of Orleans whereby the Superiours and heads of the Orders are enjoyn'd to take care of diligently to proceed to a ful reformation of Monasteries And it is further said That in every one of the said Monasteries there shall bee maintained a good and able man to teach holy Scripture and a stipend allowed him at the charges of the Abbat or Prior. Now the word Superiours may bee as well referr'd to Bishops as to Abbats and Priors in case these be negligent Howsoever this power is not given unto Abbats and Priors as Delegats or by way of privileâ—ge but belongs unto them by common right It ought also to agree unto Bishops by the same right where the priviledge of exemption ceaseth 3 In the second Chapter of the same Session where Curats are enjoyn'd to preach upon Sundayes and Holydaies or to provide some to preach in case of lawfull impediment it is added That if there be any Parish Churches under such Monasteries as are not sâ—tuate in any Diocese the Prelats regular being negligent in the premises they shall bee compell'd unto it by the Metropolitans of those â—rovinces where the Dioceses lye as Delegats herein for the See Apostolique Now it is certaine that Metropolitans have power over the Clergie within their Province even over the Bishops themselves according to the honour prescribed by the ancient Canons under the one in the first and the other in the second place If an Abbey be subject to the Bishop the Metropolitan shall have nothing to doe with it save in case of appeale If it belong to no Diocese and consequently to the Iurisdiction of no Bishop then it must have the Metropolitan for Superiour unlesse it bee of the number of such as are exempt which have no other superiour but the Pope and which are spoken of in the eight chapter of the 25 Session But the question is not now of such And suppose they were now in controversie by the eleventh Article of the Ordinance of Orleans all Abbats and Priors must bee subject to the Arch-Bishop or Bishop of the Diocese notwithstanding their priviledge of exemption 4 In the second Chapter of the sixt Session Bishops are enjoyned as Delegates for the Pope to provide that there be able Vicars in stead of such Clergy men under their jurisdiction as are dispensed with for non residence To which Vicars they must assigne a competent portion of the fruits Now it is too apparent that this provision belongs to the ordinary jurisdiction of Bishops and therefore such Delegation is abusive and made as well against the ancient Canons as against the Ordinances of this Kingdome This is delivered in expresse termes by the constitution of Boniface the eighth who after hee hath given way that such as are preferred to Parish Churches may stay seven years before they be ordained Priests to the intent that they may have occasion to apply their studies hee ordainesâ— That during these seven years the Bishops and Superiours shall carefully provide that the cure of soules be diligently discharged and that such benefices be served with good and able Vicars who shall bee deputed by them and to whom in consideration thereof a competent portion of the fruits shall bee by them assigned for their maintenance In all this there is no delegation from the Pope but this is given to Bishops as depending upon their Ordinarie jurisdiction 5 The fifth Article of the Ordinance of Orleans saith in plaine termesâ— That the Abbats and Curats who hold many benefices by dispensation or reside upon one of their benefices requiring actuall service and residence shall bee excused from residence upon their other livings Alwaies provided that they depute sufficient men for their Vicars of a good life and conversation to every of whom they shall assigne such a portion of the revenue of the benefice as may suffice for their maintenance Otherwise in default hereof wee admonish and enjoyne the Archbishop or Bishop of the Diocese to take order for it and most expressely command our Iudges and Proctours to assist them therein to cause the temporalities of such Abbeys or other benefices to be seized upon without dissembling a moneth after they shall have warned and required the Prelats and other Titulars to reside or cause some to reside upon their benefices and fulfill the contents of this present Ordinance From hence we collect that the forementioned case belongs to the jurisdiction regall within this Kingdome and that the Councel having given it up to the Ecclesiasticall jurisdiction and that even to the Pope hath infringed the rights of France 6 In the third Chapter of the sixt Session the Councel gives power to the Ordinaries of the place as Delegates for the Pope to visit punish and correct Clerks both Seculars and Regulars that live out of the Monasterie No Secular Priest nor Regular of what Order soever living out of his Monastery must thinke himselfe so sure upon pretence of the priviledge of his Order that hee cannot bee visited punished and corrected according to Canonicall Constitutions in case hee offend by the Ordinary of the place as Delegate for the See Apostolique By the Generall Councel of Lyons holden under Innocent the fourth ann 1246 and approved by the Popes themselves all deliâ—quents contracting or committing any fault out of the
â—dicts already alledged 39 And after all this yet this Councell will have the accounts of Colledges so erected to be heard and examined yearly by the Bishop with the two deputies of the Chapter and the other two of the Clergy Which is derogatorie to the Edicts alleadged here before whereby the making of such accounts of building-money and Hospitals is laid upon the Kings Iudges inasmuch as there shall no account bee made to them hereafter of that part of the revenues which shall bee taken out of such buildings and Hospitals to bee imployed to the use of those Colledges and Seminaries but only to the Bishop Wherein there is a very great accumulation of grievances for they to whom it formely belonged to make those accounts ought not to bee deprived of it by meanes of such application of the revenues to another use And suppose that might be admitted yet it were reasonable that those accounts were still made before the Kings Officers at least that the Major and Sherifes of the towne where such houses are and such like persons were called considering that the meanes of Colledges and Schooles is no more spirituall than that of buildings Hospitals and Spittles Especially considering that building-money after the buildings are finished ought to be converted to the reparation of Churches and purchasing of ornaments for them and other works of charity and yet there is never any alteration for that of the parties which are to make the accounts but it is alwaies left to the Officers Royall nor is the Clergie suffered to intermeddle in the accounts of building-money and in case they should attempt there might be put in an appeal as from abuse as it was judged by an Arrest in Iune 1550. And as for the accounts of Hospitals they are to bee made also before the Kings Officers notwithstanding that by the will of the Founder part of the revenues of those Hospitals be designed and appointed for divine service according to an Edict of King Francis ann 1545. And which must bee taken notice of in case the Bishops and other of the Clergy have the right of overseeing the administration of those Hospitals yet they retain unto themselves the hearing of the accounts aswell as Lay Patrons doe Howsoever in such sort that the foure at the least of the most eminent inhabitants of the place or Parish must bee called unto them as it is ordered by the sixt article of the Ordinance of Hospitals made 1561. From which the tenth article of that of Melun 1580 doth no way derogate which must be expounded by the former in that where it is said That the Prelats and Clergy shall be maintained in their right which they have of looking to the administration of Hospitals and Spittles and taking the accounts of their revenues where that must be repeated which is in the precedent Edict The most eminent inhabitants c. being called thereunto forasmuch as this latter aâ—mes at the preserving and confirming the right of the Clergy not at the excluding of the inhabitants of the place or Parish from the hearing of the accounts 40 Lastly the remedy of appeal is not admitted to take place against such decrees as the Bishops shall make for the repairing of Cloysters and Monasteries but they must be forthwith put in execution without all appeal yea and that in such sort that the Secular Magistrates are commanded upon paineâ— of excommunication to assist them In which there are many grievances First in that the Iudges Royall as also the Bailifs and Stewards are deprived of that cognizance which belongs unto them before all others in case of such reparations as we have made it plaine already Secondly in that the Parliaments are deprived of those appeals which would bee made unto them from the inferiour Iudges Thirdly in that no appeal can bee made unto them as from abuse from the sentence of Bishops And fourthly in that the Kings Officers are made lyable to excommunication contrary to that priviledge which hath beene granted unto them and which they have ever enjoyed whereof wee shall speake in another place Now if this Councel take place we must make account that appeals as from abuse are utterly abolished as wee have said already which is a thing that concernes France not a litle inasmuch aâ— it is one of the principall weapons wherewith our Predecessours have foughâ— against the usurpations of the Popes and other Ecclesiastiques CHAP. IV. Of Exemptions 1 ANother meanes which the Councell useth to hooke in to the Pope the jurisdiction over other men are the Exemptions granted to Churches Chapters Corpses Colledges Abbeyes and Monasteries to the prejudice of their lawfull Prelates and Ordinaries the Bishops and Metropolitans Our Trent Fathers knew wel enough and confessed that such exemptions are a cause of much evill for say they They give occasion to the persons exempted to live more dissolutely and more at their libertie This is not all for wee must adde That they take away the reverence and obedience which the exempted owe unto their Prelates and Ordinaries and make them thinke themselves as good men as the Bishops and other their superiours That the correction and punishing of faults and excesses is hereby â—indred and brought to nothing That they are prejudiciall to the whole Church Catholique inasmuch as the exempted cannot bee judged but by the Pope and hee cannot doe it by reason of his remotenesse from them That they rob men of the meanes of doing many good works in religion That they are the cause of many scandals That those to whom they are granted abuse their priviledges That they draw after them the ruine of Monasteries being rather a burthen than an honour or profit to them All these reasons were alleadged by William Durant Bishop of Mende in Gevauldan in the time of Clement the fift to perswade the Generall Councell of Vienna to abolish such exemptions Let us heare what complaints have been made against them at severall times 2 Saint Bernard spoke very freely of them to Eugenius the third in those books which hee dedicated unto him Abbats saith he are exempted from the jurisdiction of their Bishops Bishops from their Archbishops Archbishops from their Patriarchs or Primats Does this manner of dealing seeme good to you It were strange if it could bee excused or if there were any need of it In so doing you shew that you have plenitude of power but perhaps not of justice He speaks yet more of it but this is sufficient 3 Cardinall de Alliaco makes a complaint of them likewise and is of opinion that a course should be taken with them adding That many devout zealous men in the Church have a long time complained of them as Saint Bernard in a booke by him directed to Pope Eugenius and others Iohn of Paris a devine of the Order of Predicants urgeth the same Saint Bernard It is also to bee considered saith he that Saint
Vicechancelours Notaries Registers and Executours their servants and others which have any thing to doe in what sort or manner soever with capitall or criminall causes against Ecclesiasticall persons in banishing or arresting them passing or pronouncing sentence against them and putting them in execution even vnder pretence of any priviledges granted by the See Apostolique upon what causes and in whattenor and forme soever to Kings Dukes Princesâ— Republiques Monarchies Cities and other Potentates by what name and title soever they be called which we will not have to be usefull for them in any thing repealing them all from henceforth and declaring them to bee nullities See here all the Iudges Royall both superiour and inferiour utterly despoyled of the cognizance of criminall causes 8 The twelfth Article speaks on this sort Wee excommunicate all and every the Chancelours Vicechancelours Counsellours ordinariâ— and extraordinarie of all Kings and Princes the Presidents of Chanceries Counsels and Parliaments as also the Atturneyes generall of them and other Secular Princes thogh they be in dignitie Imperiall Royall Duâ—all or any other by what name soever it be called and other Iudges as well ordinarie as by delegation as also the Archbishops Bishops Abbats Commendatories Vicars and Officials who by themselves or by any other under pretence of Exemptions letters of grace or other Apostolicall letters doe summon before them our Auditours Commissaries and other Ecclesiasticall Iudges with the causes concerning benefices tithes and other spirituall matters or such as are annexed to them and hinder the course of them by any lay authoritie and interpose themselves to take cognizance of them in the qualitie of Iudges 9 This is not all for in the following Article hee goes yet further striking a heavie blow at the Ordinances of our Kings Those also which under pretence of their Office or at the instance of any man whatsoever draw before them to their bench Audience Chancerie Counsell or Parliament Ecclesiasticall persons Chapters Covents and Colledges of all Churches or cause them to bee brought in question before them or procure them directly or indirectly under what colour soever beyond the appointment of the Canon law Those also which ordaine and set forth Statutes Ordinances Constitutions Pragmatiques or other Decrees whatsoever in generall or in speciall for any cause or colour whatsoever even under pretence of Apostolicall letters not now in practise or repeâ—â—ed or of any custome or priviledge or any other manner whatsoever or that make use of them when they are made and ordained when by them the Ecclesiasticall libertie is abolished impaired depressed or restrained in any manner whatsoever or who do any prejudice to our lawes and those of our See directly or indirectly implicitely or explicitely 10 See yet another which followes after this Those likewise which doe any way hinder the Archbishops Bishops and other Prelats superiour and inferiour and all other ordinarie Ecclesiasticall Iudges in the exercise of their Ecclesiasticall jurisdiction against any person according as the Canons the sacred Constitutions of the Church the Decretals of generall Councels and principally that of Trent doe ordaine There is further in the same Bull some excommunications against those which appeal from the Popes sentence to Generall Councels Against those that hinder Clergy or Lay men from going to plead at Rome which is a remarkable thing Against Kings and Princes which make the fruits of Ecclesiasticall livings bee sequestred upon any occasion whatsoever which concernes the right of the Crowne Against those which impose any tenths subsidies or other taxes 11 All this is leveld against the rights of the King and the liberties of the Gallican Church I aske now seeing our Popes take upon them to excommunicate our Kings which make ordinances concerning such matters their Officers and Magistrates and all others which practise them whether they will make any conscience of putting forthwith such lawes and ordinances into their Index expurgatorius Let a man goe about to put all the distinctions which hee can devise to save our liberties upon this Councell will not it bee lawfull for the Pope when he shall please to derogate from them to come in with a non obstante Doth not hee in the fore-mentioned Bull repeall all the priviledges granted by the See Apostolique His successours shall not they have the same power that hee hath 12 The other piece which wee promiseâ— shall bee taken out of the privie Counsell which was holden at Rome almost at the same time when the former Bull was sent which was found in the Advocat Davids trunk where it is said That the successours of Hugh Capet to undoe the Church brought in that damnable errour which the French men call the Liberties of the Gallican Church which is nothing else but a refuge for the Waldenses Albigenses poore of Lyons Lutherans and Calvinists at this present And in another Article it is said That all Edicts made within the Kingdome of what standing soever if they bee repugnant to Councels shall be cassed repealed and disanull'd As much as to say al the Edicts concerning the rights of our Kings the good of the Kingdome and the liberties of the Gallican Church which are all abolished and brought to nothing by the Councel of Trent A REVIEW OF THE COVNCELL OF TRENT BOOKE VII CHAP. I. That the Councell of Trent tends to the depression and abasing of the authority of Christian Princes 1 THis redoubted greatnesse to which the Pope is exalted by this Councell doth diminish as much not onely the power of Councels and Clergie-men but also that of Christian Princes These are their spoiles their Scepters their Crownes their justice their soveraigne authoritie their honours and preheminences all this is violently pull'd from them and transferr'd upon another lord In the first place they are depriv'd outright of that power which they have over Ecclesiasticall things and persons due unto them both by divine and humane law The calling of Councels is taken from them the presidence in them the approbation and authorizing of the determinations made in them the nomination election or investiture to the Bishopriques within their Empires and Dominions justice civill and criminall upon the goods and persons and discipline Ecclesiasticall and many other such like things It tacitely approves yea in many things expressely the unmeasured power and dominion which the Popes have usurped upon Kingdomes and Empires upon the election and deposition of Kings and Princes and upon all that belongs unto their state It disanuls their lawes and ordinances and on the contrarie establisheth those of the Popes and condemns all those that have defended their rights All this is handled in the former bookes and it would be impertinent to use repetitions And therefore we send the reader backe thither We will here adde that which remaines to be spoke of that subject 2 They are further grieved inasmuch as the Councell takes upon it more than belongs unto it in point
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
Churches he preferres from a lesser honour to a greater as by erecting a Metropolitane Church in stead of a Bishoprique thereby adorning either the virtue of the man or the place And that I may speake in a word save onely the administring of the Sacraments the Emperour represents all the Pontificiall priviledges when hee proceeds in a lawfull and Canonicall way CHAP. VII Of other prejudices concerning the King of France and his kingdome in particular and first of precedence 1 ALL the former discourses are interwoven of the rights and liberties of the Realme of France and the Gallicane Church There remaines yet some few which we could not conveniently ranke elsewhere whereof wee shall speake in this place and shew the prejudice which is done unto them by this Councell The first shall bee about the precedence which belongs unto our Kings before all others which notwithstanding was denyed unto them before him of Spaine and put in compromize not without an apparent blemish to their sacred Majesties The Councell indeed did not judge for the King of Spaine but they declared That they meant not that any prejudice should accrue to such as had not taken their place But inasmuch as they suffered that controversie without passing their sentence upon his side who had both the right and the possession and to whom the Church of Rome is so much beholden This is sufficient cause of complaint Thus another mans right is encroached upon by degrees it is enough at the first that a doubt is made of it hee may in time gaine upon it seeing he is already as it were in a parity The libels which were put in concerning the precedence of the King of Spaine doe sufficiently shew us what prejudice the toleration of a Councell hath done unto our kings But it is expedient that wee relate the whole story of what hath ensued upon it 2 The Count de Luna Ambassadour of King Philip of Spaine when hee came into the Councell the 21 of May 1563 seeing the Ambassadors of France had taken their place immediately after the Emperours went and â—ate downe next to the Secretary of the Councell making this protestation in Spanish Albeit the first place after the Emperours Ambassadours belongs unto me as I am such an Ambassadour both in this place and company and every other which before all things I do here declare and protest yet not to disturbe the things which are here handled nor give occasion to any man to retire I take that place which is assigned unto me using it for the present and will use it so long as I shall thinke fit yet in such sort that I would have every man to know well which I doe here declare and protest that this my modesty and the regard which I have to the wholesome consultations of this sacred Assembly in generall can bee no prejudice to the dignity majesty and right of King Philip my master nor his posterity and that this right shall be no lesse saved and entire unto him for the present or upon other occasions which I would have reserved unto him both in these actions and all other in all other places and at all other times to the intent that they may alwaies prosecute and maintaine these rights and this claime as well as if that place which belongs unto me here and at this time as an Ambassadour of such quality had been granted unto me disclaiming any thing that shall be objected by any man against this my asseveration and protestation so as it be no wrong unto them Which protestation of mine contained in this libel I desire the most holy Fathers may be written and inserted among the Acts of this most sacred Synod and that it may not bee lawfull to publish the Acts without it and a copy thereof to bee given unto mee signed by the Secretary 3 The French Ambassadours without being dismayed at this Rodomontado modestly answered in these termes If we should have sate to day in this Councell in any other place than our ancestors formerly did and even of late in the Councell of Constance and the last of Lateran where they sate next after the Emperours Ambassadours before the Ambassadors of all other Princes and if this new place which the Count de Luna the most illustrious Ambassadour of his Catholique Majesty doth now goe to take out of the ranke of the Ambassadours could bring any prejudice to us or other Ambassadours it were your part most holy Fathers which doe here by your noble oâ—fice represent the Church Catholique to cause us to be ranked in our ancient order or else proceed against us by Evangelicall deâ—unciations But seeing that you are silent in the matter and that the illustrious Ambassadours of his Imperiall Majesty to whom the case is common with us doe not oppose themselves against this innovation we who doe this day preserve the possession of their ancient right unto our Kings amongst the ranke of Ambassadours being placed next to the Ambassadour of his Imperiall Majestie and who make no doubt of the faith amitie and affinitie of Philip the most great and most puissant Catholique King to Charles his brother the most Christian King who is under age wee onely desire of you that you would so conceive of what hath beene done and said this day by the most illustrious Count de Luna that no prejudice may accrue to the ancient prerogative and perpetuall possession of the most Christian King and that you would command that this also be inserted in the Acts. 4 See here the beginning of the quarrell which showes a resolution on the Spaniards part to change his place and gaine the Prioritie Wherein he was backed out by Pope Pius the second who using all the power hee had in this Councell sent a peremptorie command from Rome that the Ambassadours of both the Kings should be censed at the same time Heare what Onuphrius Panuinus saith of it At the Councell of Trent there was a great controversie because the Ambassadours of the two Kings were censed at the same time by speciall command from the Pope Hee saith truly that there was a great controversie for the Lords of Ferriers and Pibrac tooke the Pope up for it with prettie tart termes saying amongst other things as appeares by the Oration delivered toward the end of September 1563. That in stead of bread hee gave his eldest sons Scorpions that they laid the blame of all that was done to their Prince upon him that he robb'd his eldest sonne of the honour which is due unto him that hee arrogated unto himselfe power and authoritie over the Councell that he prescribed unto it what it shall doe that the French will not acknowledge him for Pope and see what they did After that the French Ambassadours had commanded the Prelats of France that they should depart from the Councell they themselves retired to Venice 5 Wee will now set downe some passages out of the
they commenced every one of them for twenty pound rent given unto them by legacy by the said Ioan. And the said Court did reserve unto it selfe the power of disposing of the said revenew for the soule of the said Ioan deceased Pronounced the twenty fourth of March 1385. Amongst the Arrests num 28. In the same Collection I finde written December the fift 1371 it was said that the Augustine Monkes should not possesse any immoveable goods The sixt of Aprill 385 't was said that the Mendicants should not possesse any temporall goods in the booke of the Counsell And as for the priviledges granted by the Pope hearke what the Collection of the liberties of the Gallicane Church saith of them The Pope cannot allow or dispence with any man for holding and possessing any goods within this Realme contrary to the lawes statutes or customes of the places without leave and licence from the King This is further confirmed by an Arrest of Paris made in the yeare 1391 whereby a certaine Carmelite called Gratian was declared not to bee receiveable in a suit which he made for a certaine thing issuing out of an immoveable for the holding whereof hee was dispensed with by the Pope They were also forbid to hold secular benefices and Ecclesiasticall dignities by the letters patents of Charles the sixt bearing date the nineteenth of February 1413 notwithstanding the Popes dispensations 4 The Councel hath made a law concerning the farming out of Ecclesiasticall goods and lands whereby such leases as are made for many years and for payments before-hand are declared not to bee valid to the prejudice of successours Commission is also granted to the Provinciall Synods or those whom they shall depute to judge and declare invalid such leases of Ecclesiasticall goods as were made within this thirtie years for a long time or as it is in some places for nine and twentie yeares or twice nine and twenty years Whereupon it is urg'd in the first place that it belongs to Kings and Emperours to make lawes and Ordinances about the alienation or letting out of Ecclesiasticall goods as they have alwaies done in so much as all our books are full of examples in this kind And what Popes and Councels tooke upon them in this regard was by their toleration In the second place it doth not belong to a Councel to nominate and chuse Iudges for the deciding of controversies arising about such farmes and leases Nor doth it belong to the Ecclesiasticall Iudges to take the cognizance of them but to the secular And so it hath alwaies beene accustomed in France whereof there are an infinite number of Arrests given out in such cases 5 It is ordained by the sixt Chapter of the second Session of the same Councel that the commutation of last wils and testaments ought not to be admitted but upon just and necessarie causes See this is very faire but put case the Pope ordaine otherwise then there is no remedy For it is only said That the Bishops as Delegates for the See Apostolique shall take knowledge summarily and extra judicium whether there have beene any errour or false information They cannot therefore judge whether the cause bee lawfull or no. See here then a grievance common to all Christendome Behold yet another more particular to France which is that the Lay Iudges are herein deprived of their jurisdiction to whom it belongs to judge of the justice of the cause in matter of such commutations excepting the case of conscience See what is said in this point in the Collection of the liberties of the Gallicane Church The Pope cannot convert any Legacies though they be given to charitable uses or to any other use contrary to the will of the deceased save only in such cases when the will cannot be formally observed or where there is a necessitie of making such commutation alwaies provided that in such cases it be equivalent to that which was ordained by the testament or other disposall made by the last will of the deceased the cognizance wherof notwithstanding belongs to the Lay Iudge except for the case of conscience Now suppose the Pope chance to make any such commutations without a substantiall and lawfull cause it belongs to the Court of Parliament to reforme them upon appeals as from abuse which are wont to bee put up in such cases who must have their hands tyed if this Councel be admitted CHAP. X. Of the command laid upon Ecclesiasticall persons to receive this Councell and of other grievances 1 ANother great prejudice is offered unto the Royall dignitie by this Councell when it commands all Clergie men forthwith to receive in publique the Canons and Decrees thereof and those to whom the care of Vniversities doth belong to effect the same and bring it so about as that Maisters and Doctors and others publiâ—uely teach what is contained in the Canons of it and binde themselves by a solemne oath to the observation of this Decree In this they take too much upon them that they wold have al things put in execution without the Princes consent or privitie and perhaps even against his will It hath alwaies belonged to Kings and Emperours to approve the Canons and Decrees of Councels Wee have proved it in the third Book by many plaine examples taken out of all antiquitie 2 Wee wee will adde in behalf of France that the Councell of Basil used another manner of respect towards our King when at two several times it sent forth Deputies with expresse commission into this Kingdome to get their deliberations â—o bee received here which it could not fully obtaine but some of them were rejecâ—ed at that time when the Pragmatique was a making as appeares by the narration of it And the Cardinals which came thither the second time to get him to allow the deposition of Eugenius the fourth and the creation of Felix the fifth in his place and stead returned from thence without effecting any thing as appeares by the act of protestation set forth by King Charles the seventh of which wee have spoken towards the beginning of the first Book We say then that to give out such commands to Ecclesiasticall persons and Vniversities is all one as to set up two Monarchies in France and other Kingdomes All this should bee referred to Kings and Princes and they by their authoritie after they have approved and allowed of the resolutions of a Councell should cause them to bee put in execution and observed The late king Henry the third and the States of France assembled at Blois in the yeare 1579 knowing this very well made certaine lawes concerning Ecclesiasticall discipline in some sort conformable to these of the Councell of Trent in many matters without making any mention of it Whereby they give us to understand that the proceedings of it displeased them and that they would not receive the Decrees and Constitutions thereof 3 But the worst is yet that such as are refractorie
in what need of reparation the Churches stand 13 The Royall jurisdiction in France suffers prejudice hereby considering it belongs to the Lay Iudges to take order for such reparations as wee shall prove in another place hereafter But that which is ordained in the tenth Chapter of the twentie fourth Session is yet more exorbitant namely That the Bishops as Delegates of the holy See have power to ordaine rule punish and execute according to the determination of the Canons in all things which concerne the visitation and correction of their subjects Whence it will come to passe that if a Bishop condemne any of the people under his jurisdiction for eating an egge in Lent or any such like thing hee must trudge to Rome to get his sentence made good 14 The like here is decreed concerning the visitation of Hospitals Fraternities and all kinde of sacred places Colledges and Schooles For it is given unto the said Bishops as Delegates for the Popes although it belong unto them by virtue of their ordinarie jurisdiction by the Decree of the Councell of Vienna holden under Clement the fifth at least for asmuch as concernes Hospitals And in our France such visitations belong to the Lay Iudges and especially to the great Almoner who hath the super-intendence of them So saith King Henry the second in expresse termes in his Ordinance of the yeare 1552 Our great Almoner saith he hath the super-intendence cognizance over the Hospitals and Spittles of our Kingdome that they bee well and dulie maintained as well for the reparation of them as for the imployment of the moveable goods thereunto belonging And whether the poore sick folks and distressed persons resorting unto the said Hospitals bee entertained and lodged maintained and fed according to the revenues of the said Hospitals As also to compell the masters and Administratours of such Hospitals to make account of the said meanes and revenues See here that which compriseth every part of the visitation and all that belongs to the office of him that is to bee the visiter 15 By another Ordinance of King Francis dated the fifteenth of Ianuarie 1546 the visitation of the said Hospitals and other charitable places is committed to the Iudges Royall Ordinaries of the place where such Hospitals are situate All Governours and Administratours of Hospitals or other charitable foundations shall be compell'd by our Iudges of the places next adjoyning to give up their accounts of the revenues and administration of the said Hospitals by what titles soever they hold them together with the charters and titles of their foundation if they have any within two monthes after the publication of these Presents Whom wee command and expressely injoyne everie one respectively within his Precincts and jurisdiction that immediatly after the publication of these presents they visit the said Hospitals and charitable foundations to enquire of the revenue estate and reparation of the places and the number of beds and poore people whom they shall finde there It is true that upon the publication of the said Ordinance there was some opposition made by certaine Bishops and Abbats of this Kingdome and by the grand Almoner but upon the said opposition there was no more decreed by the Court of Parliament of Paris but this That out any regard therunto had they should proceed to the publication ordaining nevertheles That within every one of their Ecclesiastical Precincts each Ordinary Bishop or Abbat the grand Almoner might commit and delegate one or two honest men to assist the Iudges who were to execute the said letters patentsâ— yet without hindring or contradicting the said Iudges in such manner as that the Kings will and pleasure might bee put in execution This Ordinance was yet further confirm'd by another of the same King Francis dated the sixth of Februarie 1546. And by another of Henrie the second the twelfth of Februarie 1553. 16 With better reason may wee say that the visitation of Schooles erected for the institution of youth should belong to Lay Iudges Howsoever it bee such visitations are not cases reserveâ— to the Pope and therefore this Delegation is against the rules of the Canon law As is that also which is granted unto them for the execution of things given to pious uses in such cases as are allowed by the Law The Bishops saith the Councell as Delegates for the See Apostolique shall bee executours of all pious donations given as well by last wils and Testaments as by those which are yet alive in such cases as are permitted by the law Now by the ancient Decrees they are executours of such donations Iure proprio Witnesse Gregorie the ninth in a â—ecretall of his Be it that all testaments to pious uses should bee taken care for by the Bishops of â—he places and that all things should be confirmed according to the will of the deceased Howbeit the testatours themselves should have prohibited c. Which he further confirmes in another Decretall The executours appointed by the Testatour after they have undertaken that charge ought to bee comâ—ell'd by the Bishop of the Diocese to performe the will of the Testatour The like was ordâ—inâ—â— by the constitution of the Emperour Anthemius If the Tâ—statour saith he hath expressed the summe of the legacie or Testament in trust given to pious uses without appointing the partie that shall bee executour of his will the Reverend Bishop of the citie where the testatour was borne hath power to exact what was bequeathed to that end executing the holy intention of the deceased without any delay 17 A man might observe divers other Articles of this Councell where such delegations are granted to Bishops and Ordinaries which is as much as to annihilate their intire jurisdiction and devolve it upon the Pope that so all may depend upon him and his power may be so much the greater Wherein many men are prejudiced to wit the Bishops who loose that which belongs unto them having it onely by way of loan or in a precarious manner The Metropolitans who are hereby deprived of the appeals which should come unto them from the sentence of the Bishops And the Lawyers as well Ecclesiasticall as Lay who must bee constrained to goe to Rome either to voyd the appeals which will be put in or at least to get new Commissioners in case hee faile to appoint the judgement In partibus according to the liberties of France which will be as great a foile as can be imagined 18 Weâ— will now speak of Evocations which is another mightie means for the Pope to make him absolute Lord of all Ecclesiasticall justice to get the cognizance of all causes which hee shall thinke good to make his Court more frequented than ever it was This Councell after it had decreed that the judgement of causes cannot bee taken from the Ordinaries by any extraordinarie commissions Evocations nor Appeals it addes Except in such causes as ought to bee tried
before the See Apostolique by Canonicall Constitutions or such as the Pope of Rome shall thinke fit to bee committed or removed upon some urgent and reasonable cause by speciall commission from his Holynesse signed with his owne hand Now hee will alwayes find urgent causes enough to draw the processe to Rome there will never want pretences if hee get but a hole that 's enough how little soever it bee hee will finde meanes to enlarge it And besides who will tell the Pope that the cause is not reasonable That were to make himselfe be pronounced a heretique It is a kinde of Sacriledge to dispute of what hee does yea it is a mortall sinne saith their Glosse upon the Canon law 19 Wee shall here entreat the reader to remember what wee discours'd in the second book touching the Popes attempts in point of justice the miseries that proceed from thence and the great complaints that have beene made of it Wee tumble backe into all these miseries againe by receiving of this Councell The Popes used it formerly by usurpation now they will doe it with some title and so with more licence Wee shall content our selves with setting downe here what was spoken concerning this matter by a whole Councell to wit by that of Basil one of the most famous that hath beene holden in these later daies Divers abuses and intolerable vexations have grown hithertowards whiles many men were very often wont to be cited and called forth to the Court of Rome and that sometimes even for pettie things and were so wearied out with expences and travaile that they thought it more commodious for them to forgoe their right or with great losse to redeeme themselves from such vexation rather than bee at the charges of the suit in a countrey so remote So it was an easie matter for slanderers to oppresse poore men So Ecclesiasticall livings were oft goâ— by wrangling shifts and evasions in the Suit while their meanes were not sufficient for the true owners or others that had right unto them to defray the charges required as well for the journey to Romeâ— as the pleading of the cause there Hence also proceeds the confusion of Ecclesiasticall order when the jurisdiction of the Ordinaries is not preserved unto them The money and meanes of Kingdomes and Provinces are not a little impaired by this meanes and which is a thing acknowledged to bee very harmefull to all Ecclesiasticall Orders those which by reason of their worth were called to the greatest affaires of Christendome were made lesse serviceable in them being too much imployed in the multitude of such causes Such evils and disorders as these gave occasion to the Fathers of that Councell to prohibit all evocations in that kind Which was confirm'd by the Pragmatique Sanction of Bourges in the title Of Causes where the same things are rehearsed CHAP. III. Of giving temporall jurisdiction to Ecclesiasticall persons 1 THis Councell useth such marvellous good husbandrie and carrieth all things so handsomely to its proposed end that at the last reckoning all the world is well appaid except Kings and Princes for whom the springe was set We have seen the Bishops already stript of their jurisdiction and turn'd into their bare shirts Now we shall make it appear that what is taken from them on the one side is restored to them on the other all to the prejudice of Secular powers whose jurisdiction is invaded and usurped upon to the advantage of the Bishop of Rome into whom as into a vast Ocean all these pettie rivers emptie themselves 2 It is a Papall maxime holden for a certain and undoubted truth That all Bishops receive their jurisdiction from the Pope They take an oath unto him else whereâ— and that a very strict one they are bound by this Councel to promise true obedience unto him at the Synods of the Diocese So that there can be nothing ascribed unto Bishops in point of jurisdiction but the Pope hath a share in it as fathers have in the purchases of their children masters of their slaves but their authoritie and power will ever receive some enlargement thereby This preface will serve as a candle to give light unto the interests of Kings and Princes in all the particular cases which shall bee hereafter specified 3 This Councel then to the prejudice of the Secular jurisdiction gives unto Bishops the power of punishing the authours of defamatorie Libels of the printers of them of Sorcerers Conjurers and such like people of those that contract clandestine marriages or are witnesses and assistants at them the cognizance of all causes matrimonial without distinction of all rights of patronage both Lay and Ecclesiasticall the jurisdiction to compell the inhabitants of any parish to allow maintenance to their Parish Priests the visitation of all benefices both Regular and Secular the cognizance of the reparations of their buildings as also the power of sequestring the fruits of the said benefices the power of examining the Kings Notaries and of suspending or depriving them of their office for some fault or crime by them committed the doing of justice upon married Clerks which have their tonsuâ—e in all causes both civill and criminall the punishing of concubinage and adulterie both in Lay men and women the seizing of mens goods and arresting of their bodies causes of Ecclesiasticall jurisdiction and that even of the Laitie Besides this Councell in very many Chapters prohibited all appeals and will have that which the Bishops do to stand without any regard of any appeale to the contrary whatsoever Also it allowes Ecclesiasticall persons to refuse such summons as shâ—ll bee sent out by the Parliaments or other of the Kings judges For the further satisfaction of such as will not content themselves with this bare proposall wee will speake somewhat of every one of these heads for the better clearing of this incroachment of jurisdiction I mean only so farre as concernes the right of our Realme of France 4 Beginning then with the first which is touching defamatorie Libels our civil lawes give the cognizance and jurisdiction thereof to the Iudges and Magistrates not to the Ecclesiastiques Some may bee will except such as concerne point of Religion but this exception is not pertinent and observe this one reason which is sufficient to confute namely that those lawes of Constantine the Great and Constantius which restraine the licence of such Libels were made in a time much like this of ours to wit when divers writings were put out concerning point of Religion against the honour both of one and other Doctour Balduin hath very judiciously observed it It is behoofefull saith hee to remember what manner of times those were of Constantine and Constantius wherein the contentions about Religion not much unlike unto ours gave fire unto the affections of both parties and which afterwards hatched those unhappie calumnies and scandalous