by thine owne sentence in as much as thou writest Cursed be he that doth not keepâ— the Apostolicall commandments which it is well knowne thou both heretofore many wayes hast and at this present doest violate trampling under foot both the lawes of God and the holy Canons of the Church at once making them of no effect nor use in as much as thou canst never treading neere the footsteps of thy predecessors the Bishops of Rome We therefore having experience of thy craft and subtilty observe withall thy indignation and high swolne ambition and wee doe not yeeld an inch to thee nor to thy pride whereby thou hastenest to bring us under hatches prosecuting herein the desires of our enemies but thy favourites Nay thou shalt know we are none of thy Clerkes as thou doest boast and bragge but that thou shouldest acknowledge us for thy brethren and fellow-bishops if thy arrogancy would permit thee so to doe 14 When the Popes had not power enough of themselves to compasse their ends to tame Princes to trouble and enthrall Christendome or haply when they would set a fairer glosse of justice upon their actions and cut off all means of gainsaying then they releeved themselves by the authority of some Councell or other called together by their cunning and packed up according to their humour whereunto all men in honour and reverence to the Church readily submitted themselves as unto some divine Oracles Till at last they begunne to finde out the mystery and perceive plainly that those assemblies under colour of piety and religion served but for instruments to the Popes humours to wreake their humane malice stucke close unto their tyrannyâ— and gave authority to their injust usurpations This was it which oft times gave occasion to reject those Councels as spurious and adulterate as the Synagogues of Satan yet alwayes conserving a due reverence to those true holy lawfull and Oecumenicall assemblies assembled in the name of the Holy Ghost wherâ—of we shall give you an instance or two 15 Gregory the seventh excommunicated the Emperour Henry the fourth by vertue of a famous Councell holden at Rome in the yeere 1074. The Pope say the German Chronicles called a famous Synod of Bishops and other Ecclesiasticall Prelates at Rome in which Councell divers things to bee observed by all Christians concerning the Popes authority were enacted and ordained There also was Henry afterwards excommunicated as an enemy and persecuter of the Church Platina hath set down the forme of that excommunication An English Monke doth ascribe it to the Councell of Cleremont but he doth but equivocate in that unlesse hee meane that it was repeated there Yet for all this the Bishops of Germany did set so light by it that the next yeere after being Synodically assembâ—ed at Brixin in Austria they deposed Pope Gregory and chose Gerbert Archbishop of Ravenna in his stead calling him Clement Henry desiring to secure the fluctuating and troubled estate of the Church they are the words of the same Chronicle called a Councell at Brixin a City in Austria where he assembled all the Bishops and Abbats which were of his opinion against Pope Gregory In which Counceâ—â— they by their decrees deposed Pope Gregory in his absence from the See apostolique as a perturber of the Church and a wilde headed Monke for he was a Monke before he was Pope and chose in his place Gerbert Archbishop of Ravenna Afterwards he sets downe the very words of the Decree Platina though an officer of the Popes affirmes as much Then saith he Henry being rather incensed than admonished by these censures having assembled a company of Bishops ill affected like himselfe he created Gerbert late Archbishop oâ— Ravenna Pope and called him Clement The Councell of Cleremont holden under Vrban the second and where hee was personally present in the yeere 1094. or as others are of opinion 95. made the like attempt to excommunicate King Philip in his owne kingdome by reason of his marriage and againe in a Councel holden at Poictiers not long after by the Popes Legates In this Councell saith Matthew Paris speaking of that of Cleremont Pope Urban excommunicated Philip King of France And another English Author In this Councell the Pope excommunicated King Philip of France and all such as should call him their King or their Lord and which should obey him or speake unto him In like manner Ivo Bishop of Chartres speakes of them both By reason of this accusation King Philip was excommunicated by Pope Urban at the Councell of Cleremont and having resumed the same wife after he was divorced from her he was afterwards excommunicated at the Councell of Poictiers by the two Cardinals Iohn and Bennet Notwithstanding which excommunication he was crowned by the Archbishop of Tours in a full assembly of other Bishops Know you therefore saith the same Bishop of Chartres in a letter of his to Pope Vrban whose partisan he was that contrary to the prohibition of your Legat the Archbishop of Tours hath set crowne upon the head of the King He speakes afterwards of the election of a Bishop made at the same time by those who were assembled with the said Archbishop And in another epistle of his to one of the Legats of Pope Paschal the second Certaine Bishops saith he of the Province of Belgia crowned the King upon Whitsunday â—ontrary to the Edict of Pope Vrban of happy memory In another Epistle formerâ—y writ to the same Vrban he gives him to wit how Philip had sent Ambassadours unto him with prayers in one hand and threats in the other such as these That the King and Kingdome would relinquish their obedienec to him unlesse he did restore the King unto his crowne and absolve him from the sentence of excommunication And afterwards he advertiseth him how the Arch-Bishops of Rhemes Sans and Tours had by injunction from the King appointed their suffragan Bishops to meet at Troyes the first Sunday after All-Saints day after he should have returned his answer Whence we collect two things first that the Bishops of France did not cease to acknowledge their King nor to obey him and communicate with him notwithstanding the prohibition from the Councell of Cleremont next that they were very ready to put in execution those threats which the Ambassadours went to make unto the Pope in case he did not condescend unto the Kings pleasure And yet that was as renowned a Councell as this of Trent if not more where the Pope himselfe was present in person where that great Croisada for the holy Land was concluded upon and one of our Historians speaking of it calls it in terminis The great Councell In the yeere 1215 Innocent the third in a generall Councell holden at Rome did excommunicate Lewes the eldest sonne of Philip Augustus King of France with all his adherents The same yeere saith an English Monke upon S. Martins day was there a generall
wee must doe them right some other way The glossator of the Canon law decides the first point when hee saith That he which hath been lawfully obstinate that is against whom the formalities required in case of obstinacy have beene observed before a judge which is suspected and refuseable is not bound to send a proctour there to plead the causes of his suspition nay it is not necessary to protest but even eo ipsâ— inasmuch as hee hath occasion to make refusall all the processe is avoidable The reason whereof in my opinion is because the judge that knowes himself to be suspected should have the modesty to refuse himselfe and not stay till it bee said unto him Forbear So the old Romans used to doe and it is the practice in France which hath been prescribed to us by our ordinances recusations have ever beene admitted with ease and oftentimes it hath been sufficient to sweare that the party refused was an injust Iudge without rendring any further reason It was to be wished that the Pope had asked his own conscience and examined whether he could be judge in the case in hand seeing that he was accused and taken for a party himselfe and he also presecuting the condemnation of his enemies those whom hee had pursued with fire and sword and condemned already by his Buls Which seeing he did not doe he is therefore the more refuseable and there is a flat nullity in all his proceedings 2 In the first place the Princes of Germany assembled with their Divines at Smalcald the yeere 1537 after they had proposed by the Vicechancelour of the Emperour Charles the fifth Matthias Held aâ—â— declared the reasons that withheld them from repairing to the Councell they published a writing to that effect the contents whereof were that a Councell where the Pope and his adherents have the commanding power ought not to be holden legitimate That the power of judging belongs not onely to the Pope and the Bishops but to the Church wherein are comprehended Kings and other States That the Pope in this case is a party That it is not only his power and excesse which is called in question but his lawes and doctrine and he is accused of heresie and idolatry That he hath already condemned those whom he intends to judge in the Councell That the Convocation of it is not such as was promised it should bee namely in a place of freedome and safety and that in one or other of the Cities of Germany But because the author of this narration may be suspected by some I will produce his adversaries Pontanus speaking of this assembly saith that the Protestants after much deliberation made answer that they would never give way to the keeping of the Councell in Italy nor that the Pope and his confederate should be presidents of it That the Pope and his favourits should condemne their doctrine however sound That they would not submit themselves to his tyranny 3 Laurence Surius is yet more â—ull for speaking of that very assembly hee saith The twenty fourth of February all the confederates made answer at large which answere I would here set downe if it were to any purpose They talked much of the Councell which they would have to be free and that Luther forsooth and his companions should have as much power and authority in it if not more as the Pope of Rome although it bee directly against the customes of antiquity And this they said not without many bitter taunts of his Holynesse saying that he had broached and at that present defended a doctrine not only contrary to the word of God but also to the ancient Fathers and Councels And anon after The last of February the Protestants made answer at large to the points proposed by Held but I am loath to set them downe The summe of all that they said is in their answere to the Councell set forth by the Pope For they plead that the authority of judging belongs not only to the Pope the Bishops but also to the Church in which Kings and Princes are comprized They might as well say Hucksters Catchpols Druggists Apothecaries and such like As if it belonged to Lay men to a Cook or a Cowheard to intermeddle with the questions and decrees of the Church 4 Henry the eighth King of England although he was then a Catholique made the like protestation for heark what Surius saith of him About the same time the King of England set out a booke wherein he shewed the little account he made of the Pope of Rome and that he would neither come nor send his Ambassadors to the Councell which the Pope had called and hee ever and anon put in good store of jerkes at St. Peter Considering what we have heard from Surius that which Sleidan relates will not now be suspected 5 Presently after saith he the King of England put forth a book in the name of himselfe and the Lords of the Land wherein he complained that the Pope took upon him to call the Councell a thing not in his power to doe and that he called it then when there was open warre betwixt the Emperour and the French King Besides the City of Mantua where he appointed it should bee is no sure place for all parts nor yet convenient For his part he desired a Christian Councell but hee would not goe to the Popes nor yet send his Ambassadours for their common practice is in such assemblies to oppresse Christ and his truth for their owne advantage Nor hath he any thing to doe with the Bishop of Rome whose Edicts and commandements doe concerne him no more than any other Bishops The custome was to call Councels by the authority of the Emperour and Kings and it were fitting that custome were put â—n ure againe especially in these times when the Pope hath so many vehement accusations laid against him And yet it would cost a man his life if any one shuold be so fool-hardy as to reprove him and accuse him to his face unlesse it were in a lawfull Councell Nor he nor his are secured by safe conduct and say he were there are such apparent dangers as it is not fitting hee should come there for it is no new thing with the Popes to breake promise and to staine and imbrue themselves with the bloud of innocents And however other men may safely go thither yet for his part he cannot and that for reasons wel known for the Pope layes snares for him and hates him mortally putting him out of favour with other Kingâ— as much as he can and this for no other reason but because hee hath caâ—t off his tyranny and withholden his Peter-pence which mads him so and the rather because hee is afraid lest other Kings by his example may ere long doâ— the like At this instant the Councell is prorogued till the first of November without any mention where it shall be
for the Acts of the Councell say in expresse termes That the Kings of England Hungary Bohemia and Denmarke consented thereunto So likewise the Emperour Sigismund called that of Constance the Emperour Maximilian that of Pisa. 27 Although the Popes Primacy be not acknowledged by the Greâ—k church yet he assembled the Councell of Ferrara where were present the Emperour of Greece the Patriarch of Constantinople and a great number of Greek Bishops Let us never then make it a matter impossible it is fesable enough if we give our mindes to it When the Pope called the Councell of Trentâ— he communicated it first and formost with Christian Princes and required their advice about it Having asked the advice saith Paul the third in his Bull of Convocation and sounded the mindes of Christian Princes whose consent in the first place we thought usefull and convenient and finding them not averse from this our designe we have thereupou denounced the Councell So King Charles the ninth became a suitor to the Pope and Princes of Christendome for the renewall of that Councell for mark how he speakes of it in his letters directed to the Prelates of France to cause them goe thither Although the present troubles of the Church have moved as to desire and procure by all meanes possible the holding of a Generall and Oecumenicall Councell and that our holy father the Pope the Emperour and other Christian Kings and Princes by their severall answers made upon our instant request and suit unto them thereabout doe make a faire show of being willing to hearken thereunto c. 28 He did no more in this but imitate the patterne of other Kings his predecessors Charles the sixt to make up the schisme betwixt Pope Boniface and Pope Bennet sent his Ambassadours to the Emperour the Kings of England Bohemia and Hungary to entreat them to have a regard to what concerned the publique good and quiet The same King went so farre that he perswaded Wenceslaus the Emperour to come to Rhemes where there was a Generall Councell holden upon that occasion where the Ambassadours of the King of England and divers other nations were present CHAP. VII That the authority of calling Councels belongs also to Kings and Princes 1 THese examples invite us to looke a little further into France and speake more fully concerning this point of calling Councels And the rather because both our Kings and all other Princes of Christendome are deprived of this royal prerogative by the Councel of Trent and that in such sort that the Pope thereby enhanseth his owne greatnesse to whom all such Councels are bound to swear obedience and not to depend upon any but upon him The Decree runnes thus Provinciall Councels if they have beene any where disused let them for reformation of manners correction of abuses composing of Controversies and such other ends as are allowed by holy Canons be brought up againe Wherefore let the Metropolitans themselves or if there bee any lawfull impediment why they cannot the senior Bishopâ— within a yeare at the furthest after the end of this present Councell and after that once every three yeers at least after the octaves of the resurrection of our Lord Iesus Christ or at some other more convenient time according to the custome of the Countrey not faile to call a Synod in their severall Provinces 2 And in anothâ—r Session there is a strict injunction laid upon them That at the first Provinciall Synod which shall bee holden after the end of this present Councell they publiquely receive all and singular such things as have beene determined and ordained by this holy Synod and withall promise and professe true obedience to the Bishop of Rome It remaines that wee prove this right of calling Councels to belong to our Kings within their owne Kingdome In the collection of the liberties of the Gallicane Church there is this Article The most Christian Kings have alwayes as occasion and the necessities of their Countrey required assembled or caused to assemble Synods or Councels Provinciall and Nationall Who among other things concerning the preservation of their State have also treated of such matters as concerned the order and Ecclesiasticall discipline of their Countrey touching which they have caused rules Chapters lawes ordinances and Pragmaticall Sanctions to be made and set out under their name and by their authority Wee read another Article of this straine in the third Chapter of the Remonstrance made by the Parliament of Paris to Lewes the eleventh 3 Nor is there ought in all this but is well backed by such examples and authorities as shall bee proâ—uced We begin then with Clovis our first Christian King by whose command the first Councell at Orleans was assembled about the yeer 506. So say the Bishops that met there in the letters which they sent unto him To their Lord the most illustrious King Clovis the sonne of the Catholique Church All the Clergy whom you commanded to come unto the Councell So likewise the second Councel of Orleans was holden in the yeer 533. by command from King Childebert which is mentioned in the subscription of the Bishop of Bruges and it is said in the Preface Wee are here assembled in the citie of Orleans by the command of our most illustrious Kings The fifth of Orleans was called by King Cherebert the yeer 549. Wherefore the most mild and invincible Prince Cherebert having assembled the Clergy in the citie of Orleans c. The second of Paris was called by King Childebert ann 558. Being met in the citie of Paris they are the words of the fathers of it by the command of our most illustrious King Childebert The first of Mascon by King Guntrand in the yeer 576. Wee being assembled in the towne of Mascon by the command of our most illustrious King Guntrand 4 The second of Valencia was called by him also in the yeer 588 and it hath the same Preface He called also the 2 of Mascon the same yeer 588 and afterwards by his Edict confirmed the Decrees thereof as made by his commandement Wherefore saith hee wee will and command that whatsoever is contained in this our Edict bee for ever observed and kept forasmuch as wee have taken paines to cause it to bee so determined at the holy Synod of Mascon That of Cavallon in Provence or as others fancie of Châ—alons upon the Saon was holden in the yâ—er 658 By the call and appointment of the Illustrious King Clovis The Synod which was held in France ann 742 was called by Câ—â—loman as hee himselfe witnesseth in the Preface thereunto I Carloman Duke and Prince of the French with the advice of the servants of God and the chiefe Lords of the Land have assembled in a Councell all the Bishops of my Kingdome together with the Priests in the 742 yeere of Christs incarnation 5 In the time of King Childeric Pepin who then ruled all the rost called a Councell
saith an old French Historian by the will and command of the same most milde Prince a Synod holden at Mentz a Metropoliticall Citie of Germany where Rhabanus the reverend Archbishop of the place was president 10 There was afterwards a Councell holden at Valentia under King Lotharius in the yeare 855 the Acts whereof speake in this manner The most reverend Bishops of three provinces being by the command of King Lotharius assembled together in one body at the City of Valentia upon occasion of the Bishop thereof who had beene cited and impeached of diverâ— crimes The History of Rhemes mentions a Councell at Paris called by the same King That the Canons concluded and agreed upon at the Generall Councell assembled in S. Peters Church in Paris by the diligence of King Lotharius bee inviolably observed It mentions also another called by Charles the Bald In the yeare 845 Charles called the Bishops of his Realme to a Synod at Beavis summoned forth of the Province of Rhemes King Lewes the second as we have elsewhere observed prescribed to the Councell of Pavy holden 855 what points they should consult upon whence it follows that that Councel was called by his command as wel as the rest The Councell of Wormes was called by the same King Lewes the second anno 868 We being assembled in the City of Wormes in the yeare of grace 868 by the command of our most excellent Illustrious Soveraigne King Lewes to treat of certaine points concerning the good of the Church 11 An old French author tells us that the same King caused another to be assembled at Cullen anno 870. There was a Synod holden at Cullen saith he by the command of King Lewes Iohn le Maire tells us that Lewes the Smatterer called another at Vienna in the time of Pope Formosus anno 892. 12 King Arnold held another at Tribur anno 895 which consisted of a great many both Ecclesiasticall and lay men In the yeare of our Lord 895 the eighth of his reigne the thirteenth Indiction in the moneth of May the King came by the instinct of the holy Ghost and the advice of his Princes to the royall City of Triburia seated within the French dominions accompanied with the precited Bishops Abbats and all the Princes of his kingdome and a great number both of Ecclesiasticall and Secular persons repairing thither c. Now if the King held the Councell I suppose none will deny but he called it 13 Hugh Capet who lately reigned in France saith Iohn le Maire called a Councell at Rhemes in Champaigne consisting of the Prelates of the Gallican Church where he caused Arnalt Archbishop of Rhemes to be deposed 14 In the yeare 1140 by authority from King Lewes the younger there was a Synod held at Sens of the Bishops Abbats and other religious against Peter Abelard who scandalized the Church by a prophane novelty both of words and sense 15 Philip Augustus saith an ancient Frenchman called a Generall Councell at Paris anno 1179 of all the Archbishops Bishops Abbats as also all the Princes and Lords of the Realme of France He called another likewise in the same Citie anno 1184 to entertaine the Patriarch of Ierusalem and consult about sending aid against the Saracens He commanded saith the same Author that a Generall Councell should be called of all the Archbishops Bishops and Princes of his Realme The Bishop of Chartres tells us there was another called at Troyes by his commandement 16 Pope Eugenius the third of that name saith Le Maire being come into France as well to avoid the tumultuous fury of the Romanes as to animate Christian Princes to the beyond sea voyage King Lewes the younger sonne of Lewes the Fat caused a Councell to be assembled in the towne of Vezelay in Burgundie of all the Prelates Princes of France to whom hee purposed to declare by the mouth of Saint Bernard Abbat of Clerevale all the misfortunes that had befalne in the holy Land There was another called at Paris by the command of Charles the sixth where he was in person attended by the Nobilitie of his Princes and Barons 17 So likewise Lewes the eleventh called one at Orleans Lewes the 12. one at Tours another at Lyons King Charles the ninth summoned the Bishops and other Prelates of the Churches within his Realme by his letters patents of the tenth of September 1560. By whose advice we have concluded and agreed that a generall Assembly of the Prelates and other members of the Churches within our dominions be held the 20. of Ianuary next ensuing to conferre consult and advise what they shall thinke fit to bee proposed at the said Generall Councell if so be it bee holden shortly And in the meane time resolve amongst themselves notwithstanding of all things which may upon our part any way concerne the reformation of the said Churches In a word it is a thing without all peradventure so that wee may now conclude that the calling of Nâ—tionall Councels belongs unto the King of France within his owne kingdome And as oft as we finde that any Councell was holden in France if there be no particular mention of the calling of it we must alwayes presume it was by the authoritie of our Kings 18 Sometimes indeed it was not by their command but by their bare consent and approbation as that of Arvergne which was held by the consent of King Theodebert The second of Tours by consent of King Charibert That of Meaux by consent of Lewes the younger anno 846. That of St. Medard of Soissons by consent of Charles sonne to Lewes the Emperour in the yeare 853. One at Cullen under Charles the Grosse anno 887. and another in France by the approbation of Lewes the father of St. Lewes in the yeare 1222. And this must be understood of all those Councels which we reade were called in France by the Popes their Legates or other Prelates for this was alwaies done either by the expresse consent of our Kings or else by their toleration as hath beene particularly expressed of two to wit that of Cleremont and another of Rhemes Which as Iohn le Maire saith were holden by the approbation and consent of King Lewes the Grosse and whereat Pope Innocent the second was present Vnlesse perhaps it be some few which were holden against them as that of Compeigne called by the Prelates of France against Lewes the Gentle that of Rhemes by Benedict the seventh against Hugh Capet that of Dijon by one of the Popes Legates against Philip Augustus that of Cleremont in Arvergne by Vrban the second against Philip and such like But for such as these wee may call them spurious and illegitimate Councels unlawfull Conventicles and Monopolies for so Iohn le Maire calls that of Compeigne although it was called by the consent of Pope Gregory the fourth 19 Let us now passe over into England which will
Appeal to a future Councell touching the condemnation of the Councell of Basil made by Leo the tenth in a conventicle assembled by him at the Lateran and also touching the abrogation of the Pragmatique Sanction wherein that Councell was confirmed But it is expedient to heare the truly pious words of that generous Vniversitie Pope Leo the tenth in a certaine assembly holden at Rome we know not how but surely not in the name of the Holy Ghost for where he is nothing can be consulted upon or determined against the law of God the Sacred Councels hath resolved we know not upon what advice to abrogate the said so usefull Decrees transgressing herein against the Catholique faith and authority of sacred Generall Councels and therefore hath condemn'd the holy Councell of Basil making certaine other Decrees at his pleasure under correction be it spoken to the prejudice of the Realme and of Daulphine and to the detriment of the subjects of our most illustrious King of France And afterwards Having made such novel decrees he hath constrained our most renowned King Francis by the perswasion of some body or other to give his consent unto them while he was in Italy imployed there in businesse of warre Wherewith we the Rectour and Vniversitie doe finde our selves grieved wronged and oppressed and doe provoke and appeale from the Pope ill-advised as concerning the abrogation of the Ordinances and Decrees of the said holy Councell of Basil and the Pragmatique Sanction thereunto adhering to a future Councell lawfully assembled in some safe and free place c. Given at Paris in our generall Congregation solemnly holden at Saint Bernards May the 27. 1517. A German Monke speaking of this Appealâ— saith Not without cause did the Vniversity of Paris become appellants to a Generall Councell against Pope Leo for the good and preservation of the Churches of the whole Kingdome and especially for that the same Pope Leo had undertaken to condemn and disanull the Councell of Basil in a certaine assembly or conventicle of Cardinals holden aâ— Rome 9 Some of the Commentators among the Canonists have said in expresse termes that an Appeal may lye from the Pope to a Councell amongst whom are Ludovicus Romanus and Abbas Siculus in his allegations Such Appeals to a future Councell are not to bee stranged at for in France they goe further than so insomuch that it is lawfull to appeale to the Parliaments from the execution of the Popes abusive Buls 10 But Bellarmine urgeth some examples to the contrary against us to wit of Appeals made from Councels to Popes the first is of Athanasius Bishop of Alexandria and Paul Bishop of Constantinople who saith he being deposed by a Councell appealed to Pope Iulius and were by him restored to their Sees againe This he takes out of the Ecclesiasticall history of Soâ—â—â—en which makes against him First he doth not any way speake of appealing â—â—om the Councell to the Pope for that was not then in use Hee saith indeed that Athanasius and some other Bishops being deprived of their Sees and persâ—cucuted by the Arrian Bishops which were in the East fled to Rome as to a haven of reâ—uge that the Pope having heard their confession conformable to the Nicene Creed received them into communion restored them to their Churches and writ to the Easterne Bishops whom he rebuked for deposing them but we must alwaies remember that they were Arrians and persecuters and that the controversie was not betweene parâ—ie and partie If Bellarmine deny it or if he answer that wee must looke here onely to the forme of proceeding which was ordinary we will take him at his word and presently oppose unto him the authoritie of his owne author who saith that these Bishops so soone as they had received the Popes letters framed him an answer full of ironyes and threats That they confessed as hee said that the Church of Rome was the principall as that which was the prime of the Apostles and the Metropolitane for pietie ever since the beginning howbeit thoâ—â— which planted Christian religion there came first out of the East but they were displeased that he should thinke they were inferiour to himselfe because his Church was of a greater lustre though they excelled him in virtue and sanctitie of life They objected also against him as a crime that hee had communicated with Athanasius and the other Bishops and that they could not endure to see their sentence made invalid by him as if it were by a Councell So that what he did was by way of abuse and usurpation and not by right 11 The second example is of that Appeal which he saith was made to Pope Leo the first from the second Councell of Ephesus by Flavian Bishop of Constantinople and Theodoret Bishop of Quars It is easie to make it appear thâ—â— tâ—is was not so For first it is plaine from the Acts that the Appeal was put in â—imply by the word Appello without mentioning whither Secondly the appellants presented a petition to the Emperours tending to this effectâ—â—hat they would be pleased to referre the cause unto a Councell Thirdlyâ— the Councell passeth the judgement upon the case of the Appeale And fourthly the Pope himselfe was condemned by that Synod He was one of the plainâ—ifes against Dioscorus the Head of it Whereupon it was said to his Legats by the Presidents of the Councell of Chalcedonâ— That they being accusers could not bee judges Pope Nicholas the first testifies that Dioscorâ—â— was not so much condemned for his heresie as for daring to passe sentence against the Pope To what purpose then had it beene to appeale to him seeing hee himselfe was condemn'd and was a plaintife 12 The third example is of an Appeal made to Pope Iâ—nocent the first by Iohn Chrysostome who was deposed by a Councell as it is testified by Pope Gelasius But he makes us sometimes beleeve that they as other men will be sure to let us have the best in the packe when their owne greatnesse is in question Sozomen is more to bee credited in this point than hee who relating the fact saith not a word that comes neare to any such Appeale Onely hee tells us that Chrysostome was deposed by a Councell of Chalcedon not the Generall but another that Pope Innocent having notice of the fact condemned it that is was displeased at it and disallowed of it That which followes confirmes this exposition that hee tooke paines to get a Generall Councell called that hee writ some consolatorie letters to Chrysostome and the Clergie of Constantinople where he was Bishop Amongst other things hee saith But what remedy can wee apply to it for the present There must of necessitie bee a Synodicall judgement So I have said a long time that wee must assemble one And accordingly hee sent five Bishops and two Priests of the Church of Rome to the Emperours Hâ—norius and Arcadius to intreat a Synod of
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
can dispense with the law above the law by reason of his plenitude of power This â—ext will bee alwaies understood according to the exposition of the Doctours and Practitioners who hold that the Pope may dispense above the law beside the law and against the law that hee hath soveraigne power in all and above all 2 But though he should challenge no more but the dispensing with humane laws in all those cases specified by Gratian it were no light matter Our laws would henceforth scarse serve our turnes neither the Decrees nor the Canons For according to his opinion the Pope is no way subject to them but may dispense with them and make new lawes Our Glossatour upon the Canon law avowed by the Rota of Rome goes farre further as thatâ— The Pope may dispense against the Apostle against the old Testament against the foure Evangelists against the law of God When they come so farre in this I leave you to imagine what they will doe in the rest at this day especially when the controversie betwixt the Pope and the Councell shall bee decided It will not need to put in that exception of the glosse That the Pope cannot dispense against the generall state of the Church For he being above it and having full soveraigntie when he shall make use of it who will tell him You are to blame Especiallie considering our Sophisters maintaine now adaies that all he does is well done and that he cannot erre in that regard Popes are not content to dispense onelie in their books but they do it farre better in their practise and that alwaies to their owne advantage For these dispensations aime at two things their profit and their greatnesse Germany will tell us newes of them As for the first I doe not speake of the Protestants but the Catholiques assembled â—t an Imperiall Diet at Noremberg the year 1522 when they say 3 Many things are forbid by humane constitutions and many things also are commanded which are neither commanded nor prohibited by the lawes of God such are divers impediments of marriage by reason of affinitie common honesty spirituall and legall kindredâ— and consanguinitie in many divers degrees Besides the use of some meats is forbidden which yet God created for the necessitie of men These and many other such like humane constitutions bind men so long till they can by their money purchase a dispensation from such lawes of those that made them So money makes that lawfull to the rich which the poore cannot compassâ— gratis And by such unlawfull bands of humane constitutions there is not onely aâ— huge masse of money drain'd out of Germanie and transported beyond the Alpesâ— but a great deal of iniquitie is raised amongst Christians themselves many offences and quarrels when the poore perceive themselves caught in these nets foâ— no other reason but because they want the thornes of the Gospel for so are richeâ—â—alledâ— there This complaint was presented to Pope Adrian the 6 when hee talked of calling that Generall Conncell which was afterwards holden at Trent 4 The same nation of Germany had drawne up a summarie of other grievances some years before and presented them to the Emperour Maximilian The first was this As for the observance of Bulls compacts priviledges and letters granted by their Predecessours without any limitations the later Popes thinke they are not bound to them but on the contrarie they transgresse them by frequent dispensations suspensions and repeals upon any mans entreaty yea even oâ— some base fellow 5 A certaine Archbishop of Germany Legat for the See of Rome asked Pope Zacharie what he should do about a dispensation which a German assured him he had got of Pope Gregory his predecessour to marrie a woman that had first beene married to his uncle and afterwards to a Cozen of his from whom shee was divorced and who was yet alive besides she was his kinswoman in the third degree and had beene a Nun. We know not what answer he had nor doe we here consider any thing but the injustnesse of the dispensation 6 Saint Bernard who lived in the year 1150 writing to Eugenius the third complaines bitterlie of these dispensations What you will say unto me doe you forbid me to dispense No saith he but onely to dâ—ssipate I am not so ignorant but I know you are placed there to bee a dispenser but to edification not to destruction 7 The States of England being all assembled together in corps in the yeare 1246 under Henry the third put up divers grievances against the Pope in a bill of complaint drawne by them which wee read entire in the Historie of an English Monke amongst which this is one England is further aggrieved by the frequent comming of that infamous Nuncio non obstante whereby the religion of oathes the ancient customes the validity of writings the authority of grants the Statutes lawes priviledges are weakened and disanull'd Insomuch that infinite numbers of Englishmen are grieved and afflicted thereby The Pope doth not carry himselfe so legally and moderately towards the Realme of England in revoking the plenitude of his power as hee promised by word of mouth to the Proctours at Rome 8 The Bishop of Mâ—nda in Gevaudan being commanded by Clement the fift to goe to the Generall Councell holden at Vienna in the time of Philip the Faire made some pretty notes touching the point of reformation Where speaking of dispensations he saith That the very nerves of the Canons and Decrees are broken by the dispensations which are made according to the style of the Court of Rome that they are against the common good And citing the authoritie of Saint Ierom writing to Rusticus Bishop of Narbon hee saith Since avarice is encreased in Churches as well as in the Roman Empire the law is departed from the Priests and seeing from the Prophets We reade also in the Decree sath he that Crassus was turned into gold and that he dranke gold He gives us the definition of a dispensation according to the Lawyers which he saith is a provident relaxation of the generall law countervailed by commodity or necessity that if it be otherwise used it is not a dispensation but a dissipation that the question is now about the staining of the state of the Church that those who dispense upon unnecessary causes erre Lastly for matter of dispensation hee would have that observed which Pope Leo said to wit That there are some things which cannot be altered upon any occasion others which may bee tempered in regard of the necessity of the times or consideration of mens age but alwayes with this resolution when there is any doubt or obscurity to follow that which is not contrary to the Gospell nor repugnant to the Decrees of holy Fathers 9 All the nations of Christendome that were present at the Councell of Constance demanded the like reformation For amongst other articles of
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
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
Monasterie shall not in that case enjoy their priviledge of exemption but shall bee subject to the jurisdiction of the Ordinariesâ— without any commission or delegation from the Pope We ordain by an irrefragable Decree that howsoever exempted persons enjoy their libertie yet upon any offence contract or such thing for which a man may have a sâ—te against them they may be convented before the Ordinary of the place And the Glosse upon it This is true if the contract were made or the crime committed in a place not exempted and if the thing in controversie bee not exempt So Scholars not residing in the Vniversities do not enjoy the priviledges granted unto them So a Clerke taken in a crime having not his Clericall habit on is subject to the jurisdiction of the Secular Iudge 7 In the third Chapter of the twentie first Session Bishops are allowed as Delegates for the See Apostolique to assigne unto all such Cathedral and Collegiat Churches as have no ordinary distributions the third part of the fruits and revenues to bee imployed in the said distributions Which is repeated in the third Chapter of the twenty second Session This derogates from the power and jurisdiction of Bishops to whom the right of providing for the necessities of the Churches subject unto them doth belong As to adjudge the tenth to an Archdeaconrie which hath but little meanes To joyne and unite Chappels to a Cathedrall Church upon evident necessity or commoditie To alter and give away the means of the Church upon just and honest reason with the consent of the Chapter Therefore by the same reason they may convert some part of the revenues of livings to ordinary distributions upon just and lawfull cause with consent of the Chapter without authoritie from the Pope or without any necessitie of his commission Which is valid in this Realme of France especially where the Popes power is regulated according to the ancient Canons and Decrees 8 By the fourth Chapter of the twentie first Session the Bishops are Delegates for the See Apostolique to compell the Rectours of Churches within their Dioceses to take Priests to assist them at the administration of the Sacrament in case they bee not able to doe it themselves And by the sixt chapter of the same Session they are also made commissaries and Delegates to assigne substitutes and assistants to unlearned and ignorant Rectors of Churches Which is also decreed to the prejudice of the ordinary jurisdiction of Bishops to whom of common right it appertaines to appoint such assistants even according to the Decretals of Lucius the third and Honorius the third whereby they declare that Bishops have power and authority to appoint coadjutours to Rectours of Churches in such cases 9 In the fifth Chapter of the same twentie first Session power is given to Bishops as Delegates for the Pope to unite Churches and benefices in case of povertie and such like permitted by the law And yet this is a thing which agrees unto them by their owne proper right even by the confession of Celestine the third It belongs unto the Bishop saith he to unite the Churches of his Diocese and to set one over another Which is elsewhere repeated by the Glosse upon the Canon law And it is confirm'd unto them by the sixt Aâ—ticle of the Ordinance of Orleans See here the words And to the end that Curats may imploy themselves in their Charges without all excuse we enjoyne Prelats to proceed to the union of benefices distribution of tithes and other Ecclesiasticall revenues 10 By the seventh Chapter of the same Session power is also granted them as Delegates for the Pope to transferre the simple livings belonging to ruinated Churches which cannot be repaired by reason of their povertie upon the mother Churches or others in the Diocese having called unto them such as are interested in them howbeit by the same Decretall of Celestine Bishops may submit one Church to another with consent of the Chapter by their owne authoritie without any intervening of the Popes 11 The same Councell in the eighth Chapter of the seventh Session makes Bishops the Popes Delegates for the visitation and reparation of exempted Churches The Ordinaries of the place shall bee bound every year to visite all the Churches even such as are exempted in what kinde soever by authoritie Apostolique and to take order by such remedies as are according to law that those which stand in need bee repaired and that they bee not unprovided of the cure of soules if any have it over them nor of other duties such as shall bee found due It ordaines the like for the Churches which are not within any Diocese in the ninth Chapter of the twentie fourth Session All this derogates from the eleventh Article of the Ordinance of Orleans where it is said That all Abbats Abbesses Priours Prioresses not being heads of the Order together with all Canons and Chapters as well Secular as Regular whether of Cathedrall or Collegiate Churches shall be equally subject to the Archbishop or Bishop of the Diocese so as they cannot helpe themselves by any priviledge of exemption in regard of the visitation and punishment of their crimes By this Ordinance the visitation belongs to the Ordinarie Iurisdiction of Bishops By the Councell it belongs to the Pope and is conferred upon the Prelates as his Commissaries 12 There is yet more which is that by the same Councell the Archbishops and Bishops cannot visit the Churches and Benefices of their Dioceses and take order for the reparation of other things necessary but by virtue of the same Delegation For behold what is ordain'd concerning it in the eight chapter of the twentie first Session It is reason that the Ordinary doe diligentlie provide for all that concernes divine service within the Diocese Wherefore the Monasteries in Commendam the Abbeys Priories Provostships not tied to a regular observance as also the Benefices whether they have cure of soules or no Secular and Regular in what kinde soever of Commendam they bee holden even such as are exempted shall bee visited by the same Bishops as Delegates for the See Apostolique and the same Bishops shall take care by â—onvenient remedies even by sequestration of fruits that necessarie reparations bee made and done By this Chapter the Bishops are deprived of their ordinarie power in case of visitation in as much as they are now made Commissaries in that respect which is contrarie to the ancient custome and the Decree of the Councell of Tarraco registred in Gratians Decret Wee ordaine that the order of ancient custome be observed and that Dioceses bee visited by the Bishops every yeare And if any Church be found destitute that the reparation thereof bee injoyned by his Ordinance Item against the Decree of the fourth Councell of Toledo where it is said That the Bishop ought every yeare to goe over all the Diocese and in every Parish to enquire
Councell 8 But not obtain'd 9 Exemptions how used in France Chap. V. p. 327. 1 THe power of granting pardonâ— for criminall matters 2 Allowed to the Pope by this Councell 3 Vnknowne to antiquity 4 Being the true right of Princes Chap. VI. p. 328â— 1 THe number of Papall Constitutions and Decrees complain'd of to this Councell 2 Yet not abated but all confirm'd by it 3 Many whereof were not received before 4,5 Ancient complaints made against them 6 By what degrees Popes usurped upon Princes by themâ— 8,9 Many pretended Decretals are supposâ—titious 15 Many abusive 17 And derogatory to the Imperiall lawes 19 The worst Popes authours of them And the greatest enemies to Princes Chap. VII p. 335. 1 THe censure of all bookes left to the Pope by this Councell 2 The extent oâ— this power and mystery of the Index expurgatorius 3,4 Wherein they condemn all authours that stand for the rights of Secular Princes 5 Or of Councels against Popes 6 And all that have writ against the abuses of their Court 7,8 c. And by the like reason they may condemne all or most of the lawes of Princes and liberties of the Gallican Church BOOKE VII Chap. I. p. 341. 1 THat this Councel tends to the depressing and abasing the authoritie of Christian Princes 2 By robbing them of their temporall jurisdiction 3 Especially in case of duels That a Councell hath no coactive jurisdiction over Princes This proved by authority of Scriptures 4 And ancient Fathers 5 And Popish authours 6 All coactive jurisdiction derived from Princes 7,8 Over the Clergie variously exercised by the Imperiall lawes 9 What use the Popes make of them 10 They doe not binde present Princes Chap. II. p. 346. 1 THat a Councel hath no power in temporall matters Proved by authoritie of Fathers against the Trent Councel 3 By the practice of Popes 5,6.7 And ancient Councels 8 By reason 10 Secular Princes may require subsidies of Clergie men 11 Even by the Canon law 12 If they have any exemptionsâ— 13 As they have many 14 They were first granted by Princes Such subsidies injustly prohibited by this Councell 15,16 And some former Popes Chap. III. p. 352. 1 EXcommunications abused by Popes against Princes 2 Kings should not easily be excommunicated 3 As they are by this Councel 4 The King of France claimes a priviledge and exemption from excommunication 5 And why 7,8,9 This priviledge acknowledged by Popes 10 Maintained by Parliaments 11 Confirmed by Popes Chap. IV. p. 355. 1 THis Councell useth commanding termes to Kings and Princes and makes them but the Bishops officers and executioners of their Decrees 2 Contrary to the practice of former Councels 3,4 c. This makes Princes inferiour to Priests in point of honour 9 How much the Pope is greater than the Emperour 11 12 The humility of ancient Popes and the great respect they used to Kings and Emperours Chap. V. p. 359. 1 THe authority of Kings in the Church and over the Clergie 2 More in right than in fact 3,4,5 They are the patrons and defenders of the Church 6 And have power to reforme it 7,8,9 This power confest by Popes 10,11 And Popish writers 12,13 Exercised by Emperours 14,15 c. And kings of France Chap. VI. p. 365. 1 THat Emperours and Kings have in all ages made lawes of Ecclesiasticall politie and discipline 3,4 Both before Christ 5,6 And since 7 That they had power so to doe But not to administer the word or sacraments 8 Especially the Emperour the Kings of England and France 9 10 c. This power of Princes coâ—fessed by Councels and adâ—itted by Popes 16 Who became suiters to them in that behalfe 17,18 And proâ—oters of their ordinances Chap. VII p. 371. 1 THe King of France wrong'd by this Councell iâ— point of precedence before the King of Spaine 2 3 The quarrell betwixt their Ambassadours at Trent about it 4 The Spanish party favoured by the Pope 5,6,7,8 And by the Councell 10,11 The King of France his right proved by Councels 13 Doctors 14 Even Spaniards 15 The Popes prevaricaâ—ion in the cause 16 Which is not yet decided Chap. VIII p. 377. 1 INdults and expectative graces utterly prohibited by this Councell 2 But tolerated by the lawes of France and practised there 4 All power in excommunications either for procuring or prohibiting them taken from Civill Courts and Magistrates by this Councell 5 Contrary to the law and custome of France Where the kings by their officers doe decree them 6 Or prohibit the execution of them 7 Thereby curbing the attempts of Popes 8 Prejudiciall to the lay Iudges 9 Censures and excommunications abused by Popes 10 And therefore opposed by Princes 11 A reformation required at Trent 12,13,14 And before that they might be used for petty matters 16 Yet no remedy obtained Chap. IX p. 383. 1 THis Councell disposeth of the goods of Religious persons Contrary to Law 2 Gives Mendicants leave to possesse lands contrary to their Order and its owne Decree 3 And the lawes of France Notwithstanding the Popes dispensation 4 This Councell cancels some leases of Church lands injustly because without the Kings leave 5 It ordaines about commutation of last Wils contrary to the lawes of France Chap. X. p. 385. 1 THis Councell commands all Clergie men to receive the Decrees without regard to their Princes consent 2 Contrary to the practice of other Councels 3 It denounces excommunications in case of refusall Requires an oath of obedience Disaâ—lowes toleration of Religion 4 Approves violence in rooting out heresies 5,6 And ordaines the Inquisition for them 7 Contrary to the Edicts of pacification in France 8 The prejudices done by this Councell admit of no qualification 9 And therefore it hath beene justly rejected Faults escaped Pag. Line Fault Correction 24. 37. preceed preside 31. 18. to staine â— to staine 40. 36. Trent Tyre 41. 34. Rhegno Rhegino 58. 9. a. dele 64. 21. Holynesse Highnesse  32. discords disorders 71. 43. Of Chartres Of the Charterhouse et 224. 5.   75. 24. Fontanus Fontanus hath put  marg Alberius Albericus 81. 3. exequeter one yeeros exchequer one yeares 83. marg Valoterran Volaterran 86. 41. Princes Provinces 94. 33. this in this 95. 9. Apostles Apostle 101. 40. rank instance 109. 24. gave have 121. 46. writ went 122. 53. Avarus Alvarus 125. 30. in into 130. 46. at as 159. marg Radericus Radenicus 166. 34. Sismand Sisenand 187. 10. Empâ—rour Emperours 191. 27. assembling ascribing to him 194. 13. commanded them that dele 222. 22. to wit dele 241. 2. that by that 251. 36. found founded 253. 26. blessed the blessed 257. 47. the. at the. 265. 5. they an the. and. 269. 3. to Popes to the Popes 278. 16. Monarchie Monarch 288. 42. you yon 293. 4. Doctour rings Doctours Kings  5. eight right  33. were they were 296. 42. Churches clutches 307. 21. honour under order over 310. 41. Iudges Royal Ordinaries Ordinarie Iudges Royall
314. 7. confute confute it 323. 23. the. dele 328. 25. by to 331. 19. authenthentiâ—ue authentique 33â— 14. by ly 336. 36. Hugenots Huguenots 367. 20. Church Clergy 374. 36. George of George Of. A REVIEW OF THE COVNCELL OF TRENT CHAP. I. Of the resistance that hath beene made against such Popes and unjust Councells as tooke too much upon them THE Councell of Trent was called of purpose to reforme those abuses of the Pope and Court of Rome which were the occasion of that Schisme under which wee now groane which have raised all Christendome up in armes in these latter dayes and for the space of two hundred yeares and upwards in sundry Councels which Pope Adrian did confesse in the Diet at Noremberg and some of which the reformers of Paul the third could not deny But the Popes turned the Cat in the pan and caried the matter so handsomly that in stead of a naturall birth the Councell was delivered of a monster and for a Canon or Synodicall Decree brought forth a Papall Bull in stead of an extirpation of abuses a nursery of errours a depravation for a reformation a source of injustice an authentique title to legitimate all the usurpations that ever the Popes have made upon the authority of the Church and other Ecclesiastiques upon Emperours Kings and Common-wealths with their officers liegemen and subjects in a word upon all Christendome with all the Estates therein as well Temporall as Spirituall To the holding of this Councell they were in a manner compelled by violence for excepting honest Adrian who went about it with an upright intention all the rest would gladly have beene fairly quit of it Clement the seventh did openly contradict the proposall of it which Charles the fifth at his coronation caused to be made by his Chancelour at Bononia But the Emperour prosecuting his suit daily with the successours of Clement they were constrained to make shew of an inclination thereunto yet so as they stood a consulting about the calling of it full five and twenty yeares from 1522. what time Adrian by his Legat at the Diet at Norimberg engaged his promise for it till 1546. still giving out faire pretences and studying for new occasions to delay it posting it from one to another and passing it over as a debt to their successors Yea and even after they had set about it they managed it so that they kept it low betwixt living and dying for eighteene yeeres taking their time of purpose that they might levell their stroke right wherein they have outstript the choicest masters of that art in Palestine they have good reason to understand this passage Many of their predecessors had left their weapons there many had received blowes and mortall wounds there Germany was fatall to them and the remembrance of the Councels of Constance and Basil madded them when they thought upon the deposall of so many Popes the discipline whereto they were made subject and the cutting short of their power They had observed the saying of Iohn the 23. The place of the Councell is all in all I will not have it in a place where the Emperour hath the upper hand and the despaire he conceived both of himselfe and his fortunes when he received the newes that his Legats had condescended to the election of the City of Constance They perceived withall that all Germany banded with the Emperour to have the Councell amongst them and bended all their designes to that end so that it necessarily concerned them to save themselves by flight to shuffle on the time to spin out delayes to pump for pretences and in fine when they could no longer shift it it was behooffull they should pitch upon some such Citie as would be sure unto them that depended on them and wherein they had absolute authoritie Such in conclusion was Trent yea and that after they had made enquiry about some others which as they conceived lay more convenient for them in Italy It must be their next care to be speciall warie to what persons they yeeld admittance to bestow such onely there as were engaged that so they might make it more firme for them and proceed now quicke then slow now an amble anon a gallop holding that course which best fitted with the nature of the affaires and the disposition of the persons It behooved them also now and then to breake off and deferre it and when their partie was somewhat ill at ease to adjourne it to another place as as to Bononia under colour of some sorie indisposition of the aire Besides to move all Catholique Princes to an utter extirpation of the Protestants and such as had taken their long leave of the Pope And if this would not serve the turne then they must scatter reports amongst the Catholiques themselves to set them by the eares together and kindle the fire in all quarters of Christendome enter league with the stronger partie to support their greatnesse and raise it to a higher pitch They must by all meanes possible winne the Bishops and the rest that had ought to doe in the Councell feed them fat with promises present them with commodities make them joint sharers in their dignities and benefices and gaine them to their side by such like allurements Then they must submit themselves to these conditions Not to determine any thing but with the good will and pleasure of the Holy See which when need required sent the Holy Ghost in poste in a cloke-bag making him take a good many journeyes To anathematize all the opinions of the Lutherans Huguenots and Calvinists without exception how true soever for feare of giving them the least advantage To make goodly decrees in appearance for the reformation of manners and Ecclesiasticall discipline about points unnecessarie and such as never came in question and under hand to forge others to confirme the groundlesse usurpations of the Pope and quite aâ—ull all the pleas of Christian Princes to elude all their reasons and demands On the other side to set up such as would enlarge that immense power of the Pope to make it truly Monarchicall such as would make all the Kings and Princes of the earth to tremble at their voice such as would put a rod into his hand wherewith he might whip them at his pleasure upon any conceived grudge or rather a materiall sword or some such like offensive weapon wherewith he might assassinate them when they should wax either cold or luke-warme towards his imperiall Edicts It behooved them also to disannull all the Decrees of the Councels of Constance and Basil which were any way prejudiciall unto them either covertly repealing them or by some oblique meanes voiding the force of them and so to deale with the rights and liberties of some such Realmes and Provinces as durst stand upon their prescriptions priviledges lawes and statutes whereby they pleaded exemption from their upstart Decretalls Lastly it concerned them to take speciall care how they
medled with the reformation of the Pope how they spoke of his excessive power of the abuses and misdemeanors of his Court of his injust attempts and the little care which he hath of his spirituall charge and the good of soules This was a rocke they must not touch upon in any case And so well they knew how to steere for their best advantage that whosoever reads their Decrees cannot choose but forthwith confesse that it is a worke meerly Papall and such as none else could have a hand in and will ever remaine of this opinion that this last Councell is nothing behinde with those of Florence and that of Lateran which were called of purpose to disannull that of Basill and the second of Pisa just as this of ours was to stop the clamours of the Christian Princes and people lest they should have put up one or other in Germany like to the first of Pisa or some others held in after ages For you shall never reade of any Councell that was so much to the Popes honour and good liking as this Amongst so many Buls and Constitutions which have come forth since you shall scarce finde any which doth not make mention of this Councell which doth not name it with honour which doth not expresse an earnest deâ—ire of the observation of it and which doth not in some sort confirme it Let a man but reade the Commissions of the Nuncio's which since that have come into France and other Countries so many articles in them so many rehearsals or reinforcements of this Councell To say nothing of the great paines they have and doe daily take to have it generally received and kept Among all the Councels that ever were no compare with this for reverence and respect It hath quite defaced and extinguished the memorie of all the rest T is their minion their favourite their champion their arcenall their bulwarke their protector their issue and their creature and good reason why they should make so much of it Now the more highly they prize it the more should we suspect it the more should we straine our veines and bend our nerves our force and vigour to repell and stifle it as a venemous serpent what we doe in this kinde will not want a president When Popes and Councels have straggled out of the right way when they attempted more than of right they ought when they tooke their passion for their guide they have ever encountered with just disobediences and lawfull resistance with strong mounds and fences which have stopt the current of their out-breakings and injust enterprises 2 The Emperours of Germany are all full of wounds and scarres which they received in such like scuffles I may well say received not onely in the authoritie they have or should have in the Church in the rights of their Empire but even in their persons I may well say scuffles and combats they being oft-times constrained to buckle on their harnesse and take up their swords in their owne just defence to repell the offensive armes of him who under pretence of the Spirituall usurped upon the Temporall stirred up against them their vassâ—ls and subjects tooke the Crowne from them and elected others in their placeâ— pretending himselfe to be Emperour and Lord paramont of the Empire and all the Kingdomes of the world who made as much use of Pauls sword as Peters keyes to atchieve his conquests to wreake his vengeance to ingrosse all authority unto himselfe and like the old Romanes to make himselfe Monarch Commander and Lord of the Universe The examples of the Henries Frederickes Ludovicus Bavarus and many other Emperours are sufficient proofes of what we here speake England hath had such sufficient experience of the effâ—cts of that tyrannicall government that after she had lost all her liberties both Ecclesiasticall and Civill which were not inferiour to those of France after she had beene ransacked and ravazed in a Scythian and Tartarian manner she was miserably enslaved and made tributary to Rome and her Kings for all their honour declared feudataries to the Pope stooping under that base servitude till Henry the eight who to be revenged of an injury received touching his marriage withdrew himselfe and all his Kingdome from his obedience to the Pope and that while he was yet a Catholique As for our France it is a long time since the French Church hath beene at daggers-drawing with the Pope and Court of Rome for the preservation of their rights and liberties which consist mainly in the not acknowledging of the Popes power any way in temporals nor in spirituals but so farre as is conformable to the ancient Canons and Decrees Sometimes they went so farre in the controversie that he that shall reade the histories of it will never marvaile at those writings which have beene set forth against the Pope in these latter dayes The commendation of preserving these liberties belongs principally to our Kings who have ever opposed themselves against the avarice and ambition of the Court of Rome as Guardians Protectors and preservers of these liberties and have stopt the course of that not without a great deale of trouble and turmoile by the good advice and counsell of the States of the Land and chiefly of the Parliament and University of Paris who have ever beene the forâ—â—esses of France King Philip Augustus Saint Lewes Philip the Faire Charles the sixth and seventh Lewes the eleventh and twelfth did strongly withstand the transportation of gold and silver the collation of Benefices and Bishoprickes by the Popes their usurping of jurisdiction first-fruits graces in reversion reservations and such like trumperies of the Court of Rome Philip the Faire rejected the Bull of Clement the fifth concerning the confiscation of the goods of the Templars although it was confirmed by the Councell of Viennaâ— as entrenching upon jurisdiction within his Realm it is a wonder to thinke how farre they went in some particulars This same King was the first that felt the effects of their indignation upon that occasion by the saucinesse of Boniface the eighth who being incensed by the resistance of that Prince thundered so thicke upon him that after he had pronounced him his vassall and subject as touching his temporals he denounced an anathema against him in reference to his spirituals The King being justly provoked herewith assisted by the Lords Temporall and Spirituall of his Realme assembled in Parliament by their counsell and advice repelled that injury and paying him in his owne coine caused his injurious and proud letters to be burnt sent his Nuncio's home againe with shame enough accused him of heresie and symony yea and put him in such a fright by that brave spirit Nogaret of St. Felix that he died upon it Charles the sixt being excommunicated by Benedict the thirteenth put the bearers of his Bulls to the honourable Amends making them to bee carried in tumbrels apparelled in painted coats with paper Miters upon their
greater Doctor than Clement ranckt it the sixteenth amongst the approved Generall Councels There hath beene such a stirre in France about placing it according to it's ranke that the queâ—tion hangs yet in the Court undetermined As for the Councell of Basil although the Ambassadors of France were there and Charles the seventh confesse that hee received as a Councell yet for all that hee approved it but in part for of forty five Sessions of that Councell France hath received onely the thirty two first and those too not without some qualifications and restrictions Some Decrees as they lye others with certaine formes and modifications so sayes the Pragmaticall Sanction As for the last which mainly concerne the deposing of Pope Eugenius and the creation of Felix the fifth Charles the seventh made this protestation The King protesteth as a most Christian Prince treading in the foot-steps of his predecessors that he is very ready to give eare to the Church rightly and lawfully called together But for as much as many honest and grave personages make a question whether the suspension deprivation and â—lection which ensued thereupon at Basil were rightly and Canonically performed or noâ— and seeing it is doubtfull whether that assembly did sufficiently represent the Church Catholique then when the matters were acted agitated so as they might proceed to points of such great consequence and difficulty therefore the King doth persevere and continue in his obedience to Eugenius wherein he is at this present That which Benedict sometimes Counsellour to the Parliament of Tholous hath delivered in his workes concerning this point is very remarkable Herein saith he appeareth the errour of some who hold that the French Church assembled at Bourges in the time of Charles the seventh King of France could notâ— as she did reject any Canons of the Councell of Basil for shee might both reject and not accept them and qualifie those shee received by adding to or detracting from them and so put them in forme and fashion not upon misdoubting of the power and authority of that Generall Councell which made and published them but to fit and accommodate them to the exigencies of those times and to the conditions of the places and persons in the Kingdome and in Dauphine in such sort as those Fathers have expressed and as it appeareth by what wee have delivered but more plainly in the text of the pragmaticall Sanction so that if they might be wholly rejected much more might they be onely in part receiued and that with some qualifications and conditions As for the last Councell of Lateran however the Popes make high esteeme of it as being very advantagious to them yet indeed it cannot justly be tanked amongst the number of lawfull Councels both because it was purposely called for a countermine to the second Pisan to elude the reformation intended as well in the head as the members and also by reason of the iniquity of the Decrees there made whereof wee shall treat elsewhere more at large Here I need say no more but that it was never received nor approved in France nay more the University of Paris did put in an appeale to the next Councell the copy whereof may bee read in some authors where it is said amongst other things that this same Councell was purposely assembled against France as indeed it was For there both Lewes the twelfth was excommunicated the Pragmaticall Sanction repealed and the second Pisan Councell consisting mainly of French which was their fault not our plot in like manner condemned T is said also how that Councell was not assembled in the name of the Holy Ghost and a Germane Monke styles it a packe of Cardinalls commending and approving that appeale which was made concerning it by the University of Paris It will prove cozen germane to that of Trentâ— so that I will not here set downe the very words of that appeale because I take occasion to speake of them elsewhere He that shall seriously consider these instances hee will finde that the rejection hithertowards of the Councell of Trent both in this and other Kingdomes is no novelty nor extraordinary thing For many of those by us mentioned were more famous more generall more legitimate and withall farre lesse prejudiciall than this They conteined onely some petty grievances some personall injuries some particular intrenchings upon some rights either Ecclesiasticall or Temporall But this keepes neither rule nor measure but turnes the state of the Church and all Christendome topsie-turvie it sets the Pope above all above Kingsâ— Princes and Councelsâ— yea it puts Kingdomes and Empires in subjection under him and for Temporall matters it gives him full power and absolute authority over such Ecclesiasticall persons as did not acknowledge any jurisdiction of his save such as remained upon record it reduceth us to our former miseries to a necessity of going to Rome to plead our causes that so it may squeeze our Countreyes both of men and money it entitleth him to the election into Bishopricks and Benefices so to cozen the naturals of each Kingdome and Province of them and to transferre them upon such strangers as will be at his devotion it robs Kings of the nomination of Bishops and other Ecclesiastiques and of that jurisdiction over them which they ought to have nay and in some cases even over meere Lay-men devolving all to the Pope by meanes of appeales commissions evocations reservations exemptions and that absolute authority which it gives him in such things as concernâ— the manners and discipline of the Church nay indeed in all things without exception It repeales the ancient Canons and Ecclesiasticall Constitutions subjecting us wholly to all the Papall Decrees which dispose as boldly of Temporalls as Spiritualls It totally reduceth all ancient liberties to servitude and particularly those of France whereby we were ever preserved from an insupportable tyranny from those troubles and calamities which were prepared for us and under which our ancestors groaned whensoever they were carelesse to preserve them Whereupon they have as it were pourtrayed them forth upon a tablet to serve as they say for a caution to posterity that so they may take heed of making shipwracke of their liberties So as a many would say they knew by a secret revelation that the Councell of Trent would come and foresaw our future stupidity And yet even then when they gave us this counsell they were onely busied about the maintaining of some few of their liberties whereas now all are going as we shall make it plainly appeare in this Treatise besideâ— many other injustices which it would be too long to specifie in the prologue And for as much as that which first put me upon this enterprize was the earnest suits which being at Court I have seene exhibited to our Soveraigne in behalfe of the Pope for the receiving of this Councell I thought fit to shew in the first place that this is no new thing but
that whatsoever they can urge concerning this point hath beene heretofore urged to our precedent Kings but in vaine and with no effect for they would never give eare to the publication of a thing so dangerous both to the Church and State CHAP. II. Of the instances which have beene made unto the late Kings for the receiving of the Councell of Trent 1 THe Councell of Trent was no sooner finished but Charleâ—â— the ninth was moved by the Ambassadours of Pope Pius the fourth of the Emperour the King of the Romanes the King of Spaine and the Prince of Piemont to keepe and cause to be kept within his Dominions the Canons and decrees of that Councell Marke the very Article of their ambassage The first point is that they have sollicited the King to observe and cause to be observed in all his Kingdome Countries places and Signiories within his Dominions the articles of the holy Councell lately holden at Trent which they had brought with them And to the intent they might be read unto him and an oath administred before the delegates of the said Councell the King was appointed to appeare at Nants in Loraine upon our Ladies day in March where the said Grande's would likewise appeare they and all the Kings and Princes of Christendome where they determined to make an universall law like to that which was was enacted and agreed upon at the said holy Councel for the extirpation of heresies and uncouth doctrines such as should be found repugnant to the holy Councell aforesaid 2 They made also some other requests unto him as that he would put an end to the alienation of the temporall goods of the Church that he would cause the ringleaders of the seditious and schismaticall persons in his Dominions to be punished that he would revoke the pardon and absolution granted by his proclamation especially in respect of such as were guilty of treason against the Divine Majestie that he would put his hand to the sword of justice for the punishing of the murther committed upon the person of the late Earle of Guise To all which demands he made answere by writing in this sort I thanke your Masters Majesties for the good and commendable advice they give me and you also for the paines which it hath pleased you to take in that behalfe giving you to understand that my very purpose is to live and cause my people to live according to the ancient and laudable custome kept and observed in the Church of Rome and that the peace which I made hereupon was to cleare my Kingdomes of the enemie and for the present my desire is that justice be observed in all places of my Dominions But I intreat them to hold me excused for a reason which I shall send unto them in writing and because I will have the advice of the Princes Lords and persons of note of my Counsell which I will call within these few dayes for that purpose 3 It was determined by the Counsell not to hearken to these perswasions and impressions and that not only now but afterwards also in the yeere 1572 when Cardinall Alexandrino the Popes Nephew came forth of Spaine into France with commission to reinforce this instance And yet this King may seeme to be more obliged herein then his successors considering how hee had bestirred himselfe for the continuation of the Councell ever since his coming to the Crowne and how he had sent his Ambassadours and Orators to it and had caused the Bishops and Abbots of his Kingdome to goe thither As appeares both by his letters writ to the Councell and by the relations of his Orators more particularly by that of the Lord of Pibrac As for the reasons of his refusall wee shall speak of them anon 4 King Henry the third was entreated and urged in this point severall times not only by the Pope but also by the Clergie of his Kingdome who never ceased hammering of this iron yet could they not worke it to their liking Monsieur Arnalt of Pontac Bishop of Bazas doth testifie as much in an oration of his delivered the third of Iuly 1579 This thing saith he speaking to the King about the receiving of the Councell for which the Clergy hath many times heretofore petitioned you and namely in the last generall assembly of the States holden at Blois He meanes especially that in the yeere 1576. where Monsieur Peter Espinac Archbishop of Lyons in an oration made by him in the name of the State Ecclesiasticall of France speakes thus unto the King They most humbly desire you that according to their more paâ—ticular requests exhibited in their Remonstrancesâ— you would authorize and cause to be published the holy and sacred Councell of Trent which by the advice of so many learned men hath diligently sought out all that is necessary to restore the Church to her primitive splendor Wherein Sir they hope and expect from you as a most Christian Kingâ— and most affectionate to the Church of God the assistance of your authority to put this reformation in execution And here it is worth observing that diverse Ecclesiastickes were of opinion That the publication and observance of the said Councell might be required without any prejudice to the liberties of the Gallicane Church with exemption of the jurisdiction of the Cathedrall Churches of this Kingdome which they enjoyed at that present and of such priviledges and dispensations as they had already obtained and not otherwise Whereupon a protestation was drawne the 23. of December in the same yeere and afterwards printed 1594. the 26. of that moneth Certaine delegates of the Church appeared in the Councell and exhorted the three Estates to tolerate but one religion viz. the Catholique Romane and the Councell of Trent and to take a view of those Articles which are generall and common to all the three Estates to have them collected into one scrowle and authorized by the King to make them more authentique Yet for all this nothing was done as appeares by the report afterwards set forth in print 5 The same request was againe repeated by the Clergy of France assembled at Melun in Iuly 1579. as appeares by the speech made before the King by the prenamed Lord Bishop of Bazas out of which wee have extracted these words The Clergy humbly entreateth your Majestie that it may be lawfull for them by your authority to reduce Ecclesiastical discipline and reforme themselves in good earnest Amongst all the rules of reformation and discipline they have pitched upon those which were dictated by the Holy Ghost and written to the holy generall Councell of Trent in as much as they cannot finde any more austere and rigorous nor more proper for the present malady and indisposition of all the members of the body Ecclesiastick but chiefly because they are tyed and bound to all lawes so made by the Catholick Church upon paine of being reputed schismaticall against the Catholick Apostolick Church of Rome and
of incurring the curse of God and eternall damnation And presently after he addes Wherefore the Clergy doth most humbly beseech you that you would be pleased to ordaine that the decrees of the most sacred Councell of Trent may be generally published throughout your Dominions to be inviolably observed by them 6 Nicolas Angelier Bishop of Saint Brien made the like instance to the same King October the third 1579 in the name of the Clergy assembled at Melun Wee have saith hee earnestly desired and doe now desire more earnesty and will desire as long as we breath of God and you that the Councell of Trent may be published and the elections restored to Churches and Monasteries Which publication of the Councell is not desired by us that wee may thereby raise up you and other Catholick Princes in armes to spoile and butcher such as have stragled from the true Religion for wee desire not to reclaime and reduce them to the flock of Christ by force but by sound doctrine and the example of a good life For he we know came not into the world to destroy but to save the soules of all men for whom hee shed his precious bloud and if need so required we would not stick in imitation of him to lay downe our lives for the salvation of those poore misused soules But we desire that Councell may be published for the establishment and maintaining of a true sound entire and setled discipline which is so necessary and behoofefull for the Church 7 Iuly the seventeenth 1582 Renald of Beaune Lord Archbishop of Bourges and Primate of Aquitane delegat for the Clergy in this case spoke at Fountainbleau in this sort The whole Church Christian and Catholick assisted by the Legates and Ambassadours of the Emperour of this your kingdome and of all other Christian Kings Princes and Potentates did call assemble and celebrate the Councell of Trent where many good and wholesome constitutions usefull and necessary for the government of the Church and the house of God were ordained To which Councell all the Legats and Ambassadours did solemnly sweare in the behalfe of their masters to observe and keep and cause it to be inviolably kept by all their subjects yea even the Ambassadours of this your Kingdome solemnly tooke that oath Now it is received kept and observed by all Christian Catholick Kings and Potentates this Kingdome only excepted which hath hithertowards deferred the publication and receiving of it to the great scandall of the French nation and of the title of MOST CHRISTIAN wherewith your Majestie and your predecessors have been honoured So that under colour of some Articles touching the libertie of the Gallican Church which might bee mildly allayed by the permission of our holy father the Pope under scugge I say of this the staine and reproach of the crime of Schisme rests upon your kingdome amongst other Countries which signifies no lesse in Greeke then division and disunion a marke and signe quite contrary to Christianity and which your Majestie and your predecessors have ever abhorred and eschewed and when some difficulty was found about the receiving of some other Councells as that of Basil and others all was carried so gravely and wisely that both the honour and unity of the Church and also the rights of your crowne and dignity were maintained and preserved And this is the cause why the Clergy doth now againe most humbly desire your Majestie that you would be pleased to hearken to this publication and removing all rubs which are laid before you concerning it that you would with an honest and pious resolution make an end of all to the glory of God and the union of his Church 8 There was a Nuncio from the Pope who arrived in France in the beginning of the yeere 1583 who prosecuted this matter with a great deale of earnestnesse yet for all that he could not move Henry the third one jot who like a great statesman as he was perceived better then any other what prejudice that Councell might be unto him His majestie that now reignes was startled at that instance and afraid least that importunity should extort from him somewhat prejudiciall to France whereupon hee writ to the late King concerning it who made him this answer 9 Brother those that told you that I would cause the Councell of Trent to be published were not well informed of my intentions for I never so much as thought it Nay I know well how such publication would be prejudicall to my affaires And I am not a little jealous of the preservaton of my authoritie the priviledges of the Church of France and also of the observation of my edict of peace But it was only proposed unto me to cull out some certaine articles about Ecclesiasticall discipline for the reforming of such abuses as reigne in that State to the glory of God the edifying of my subjects and withall the discharge of my owne conscience A thing which never toucheth upon those rules which I have set downe in my edicts for the peace and tranquillitie of my Kingdome which I will have inviolably kept on both sides 10 November the nineteenth 1585 the same Bishop of Saint Brien delivered another oration in the name of the said Clergy and was their deputy whereby after he had commended the late King for his edict of Reunion and exhorted him to the execution of it and the reformation of Ecclesiasticks he addesâ— This is the reason Sir why we so earnestly desire the publication of the holy Councell of Trent And above others my selfe have a more speciall command sâ— to doe For that Councell hath not only cleeredâ— resolved and determined those doctrines of the Church Catholick which were controverted by hereticks to the end that people might not waver and suffer themselves to bee carryed away with every wind of doctrine raised by the malice and cunning of men to circumvent and eâ—tice them into errourâ— but also it hath most wisely counselled and ordained every thing which may seeme necessary for the reformation of the Church considering the exigency of these times 11 There was also another assault made upon him Oâ—tober the fourteenth 1585 by the Lord Bishop and Earle of Noyon in the name of the Clergy assembled in the Abbey of Saint German neer Paris which is more pressing than the former Wee present unto you saith he to the King a Booke which was found at the removing of the Churches treasures writ by the prudent and grave advice of the many learned and famous men assembled in the Councell of Trent guyded by the holy Ghost who with a great deale of travell paines and diligence have renewed the ancient ordinances of the Church which were most proper for our maladies and for those vices which at this present are most predominant in the State and withall have provided for those which being of no great standing amongst us had not any particular remedies assigned them The royall Priest hath put
temperance to luxury from courage to presumption from liberality to covetousnesse and unrestrained spoiling from thrift to prodigality from trust to treachery from piety to impiety from order to confusion from a solid glory to pride and vanity from zeale of the publique good to private gaines from correction and discipline to a generall impunity and licence of all wickednesse and misdemeanours and to summe up all in a word which is proper for our present subject from justice to injustice and all iniquity 19 The author of the booke intitled De Hierarchia subcoelesti who lived about the same time under Charles the fifth and sixth hath made us also an inventary of the abuses deformities and debauchments of the Court of Rome which as he saith crept into it for the most part after Clement the fifth Celestine the fifth as the story goes seeing the state of the Court of Rome even then disorderly and corrupted retired himselfe of his owne accord and renounced the Popedome and although it be said that he was cheaâ—ed by Boniface the eighth his successor of whom it is said that hee entred like a Fox and reigned like a Lyon yet the same Celestine was moved so to doe rather out of a desire of avoiding pomp and enjoying the embraces of his Rachel Benet who was of the order of the Preâ—icants succeeded Boniface who having made peace with the King of France with whom his predecessors were at ods he undertooke to reforme the Church but hee could not goe through with it being he lived not a whole yeere After him there was a Pope chosen by the name of Clement the fifth an Archbishop of Bourdeaux in France under whom all the Canons the Customes Ecclesiasticall and other vertues did utterly perish their gallantry was increased Simony flourished avarice sprung up pride and pleasure waxed hot they gave themselves up to the delicacies of the palat a puddle of luxuries did overflow all and was poured downe upon the Clergy Was not all the Church afterwards made tributary Consider the pecuniary tythes the slaughter-houses the procurations in absence the injust reservations of all dignities the bestowing of benefices put all into one mans hand the exemptions which are as it were the maimes of all the members of the Church the plenary indulgence of all sinnes granted to rich men Consider also the presenting of insufficient men to Bishopriques and the commutation of all offences into pecuniary mulcts 20 Iohn Duke of Bourges in an Epistle which he sent to Pope Innocent the seventh amongst other things tells him That in Peters case the Sun of righteousnesse was wont to rise and the fruitfull earth brought forth fruit of the purity of the divine seed a hundred fold that there the authority of the Fathers remained entire and incorrupted whereas now we see a head faint a heart sicke and scarce ought sound from the sole of the foot to the top of the head And he had said before That ambition the fountaine of other vices is now growing in the Church of Rome and that it spreads abroad monstrous and abominable vices over all the earth like branches of a greene stock 21 Afterwards the Councell of Basil was called many good decrees were there made there the Popes who had now reered their power too high were brought under the yoke of a Councell there their enterprises were reprehended their power bounded and regulated Hearke what Sylvius saith How that decree was necessary to curbe the ambition of the Popes of Rome who thrusting up themselves above the Catholique Church thought it was lawfull for them to doe what they list and a little to divert the thoughts of the Popes from the care of temporall matters considering that they never thought of spirituall But when all came to all this was to no purpose for the Popes hold that Councell to be apocryphall yea hereticall they condemned it in the Lateran for as much as concernes them so that wee are to beginne againe Whereupon it was expedient to call yet for a reformation of the Head Besides what wee have elsewhere spoken of the Councell of Basil we will here set down the testimony of Gregory Haymbourg a German Lawyer who lived at that time The Councel of Basil endeavouring to abolish and reforme that and desiring to reduce the present Vicar of Christ to some forme which come neer the life of Christ hath bin letted hither towards forin the prosecution of that reformation which wâ—â— begun so soon as it touched upon the Court of Rome there was such a storm raised against it that the ship of Peter seems buried in the waves where it swims being it cannot sink 22 Nicholas Cusan Cardinall of St. Peter ad vincula who writ not long after the Councell of Basil in his bookes De Concordia Catholica saith The power of the Bishop of Rome ought to be handled in the first place because as Gregory saith in a Councell where they medle with reformation they must begin at the head And afterwards he saith That when the head is sicke all the members are sensible of it and that the health of inferiours depends upon the soundnesse of those that are set over them and that there cannot bee a greater enormity than when hee who thinkes every thing lawfull for him in regard of his uncontrouled power invades the right of those that are under him 23 Iames de Paradise of Chartres who writ also a little after the Councell of Basil in his booke De septem statibus Ecclesiae saith Seeing then wee hold it possible to proceed to a reformation as well of the head as the members by such as have authority and presidency both spirituall and temporall it must be either by one man or more That it should be by one man is against all reason how eminent soever he be for his virtues his knowledge his worth although hee bee renowned for his miracles nay in my opinion not by the Pope himselfe alone For there are so many Canons Decrâ—talâ— and Constitutions made by â—hem already as are good for nought but filling up parchment to no purpose without working any reformation Besides seeing it is evident â—ay palpable that hiâ— owne Court stands in great need of reformation aâ— hath beene well knowne by the common cries of the last Generall Councâ—â—â—â— which Court of hiâ— if hee either cannot or will not reforme which he covers under his wing how is it credible that he should â—eforme the Church which is of so large an extent Besides it may be objected to himâ— Apply the salve to your owne sores first as being the head for when that is cured you may with lesse difficulty cure the members wherefore Physitian heale thy self You must first take the beam out of your owne eye and then you may take the moâ—e out of your brothers eye else you will do no good by an inverted order Vnsavory salt is not good for
better provided for and that such governours might bee set over them as are most commendable for their life and excellent for their learning It might bee thought that this were the reason indeed if the thing it self proclaiming the contrary did not make it apparent that since this custome was used there have beene none but dunses worldlings money men and such as were raised to those dignities by Simony And againe But to the end that the rivers of gold derived from all parts may flow unto them in a fuller streame they have taken away the power of presentations and the liberty of bestowing and disposing of benefices by any meanes whatsoever from all Diocesans and lawfull patrons Forbidding them upon paine of Anathema rashly to presume for so their writs run to institute any person into any benefice within their jurisdiction till such time as some one be presented to it to whom by their authority they have granted it 6 M. Iohn Gerson in his book De defectu virorum Ecclesiasticorum where he treats of the Reformation of the Church and which he presented at the Councell of Constance saith Marke what that meanes that now adayes Bishops Prelates and Parish Priests are mostly elected by the Pope as much as to say take an order with that abuse The Pragmatique Sanction hath another relation much of the same straine The Prelats and other ordinary dispensers as also the Patrons are deprived of their right the Hierarchy of the Church is confounded and many other things are committed contrary to the lawes of God and man to the losse of soules and the oppression of the Churches of our Realme The Councell of Basil did provide a remedy against this abuse and the Pragmatique after it but so as the Popes have cast off the yoke of it having disanulled almost all the Decrees of that Councell 7 The States assembled in the City of Toures 1483 in a bill which they presented to King Lewes the eleventh amongst other things say That if the King doe not undertake to defend them considering the quality of their persons the power and authority of the Holy See Apostolique they shall not be able to resist the usurpations and impeachments which any subject of the Realme and others ambitious of preferment will make against the electors which have the right of election or ordinary donation by censures Apostolique And by this meanes all this Kingdome which is already at a low ebbe and very poore shall bee stripped and dispoyled of that little money which remaines of the former exactions 8 A German Monke complaines likewise that under Leo the tenth the elections made by Bishops were quite rejected and the right thereof devolved to them of Rome A certaine Cardinall complaines That the Pope usurps all the rights of inferiour Churches that he ingrosseth to himselfe all power and jurisdiction making nothing as it were of other Bishops which he doth not according to Saint Peters paterne Marsilius saith That the Popes arâ—ogate unto themselves a coactive power and jurisdiction over the ministers of all Churches of the world and that they have expressed by their decretall epistles that the dispensing and disposing of the temporall meanes of all Clergy-men belongeth unto them to doe with them as they list without ever asking the consent of any Colledge or particular person of what dignity or authority soever The Parliament of Paris in their Remonstrance made to Lewes the eleventh say That in the time of Mounsieur S. Lewes these are the very words those of Rome begunnâ— to goe about to hinder elections and let loose the raines to the former inconveniences but that he by good advice and Counsell made an edict and decree to the contrary That is the Pragmatique which we have at this day entire wherein we read amongst other Articles Imprimis that the Bishops Patrons and ordinary doners of the Churches of our Realme keepe their right entire and that every mans jurisdiction be preserved Item that Cathedrall Churches and others of our Realme have their elections and that they be the sole Iudges of the validity of them In another Article of the same remonstrance it is said Item And consequently King Lewes Hutin confirmed the same edict of S. Lewes in the yeere 1315 and that of King Philip the Faire who had formerly made a like Decree And afterwards King Iohn the year 1551 confirmed the said ordinance of his said Grand-Father Philip. All these ordinances tend to the repulsing of the usurpations of Rome from which our ancestours had so much adoe to preserve themselves 9 The States of Germany complained also in the processe of their former grievances that the Pope not content to usurpe the right of another in case of elections and investitures committed also another intolerable fault in conferring benefices and Ecclesiasticall dignities upon ignorant people and strangers respecting in his elections only his own gaines not their persons which were indifferent to him We have told you already what Clâ—mangius said of dunces we will yet adde this out of him You have seene many which at their comming from their studies and Schooles nay which is worse from the plough have betaken themselves to the care of the Church and government of Parishes and other benefices after they had practised servile arts which understood as little Latine as Arabick yea which could not read and which I am ashamed to speake could not distinguish a B from a Bull-foot He saith as much concerning their manners declaring how those who were preferd by the Popes were wholly addicted to vices and dissolutenesse of life 10 Marsilius of Padua said as much or more before him In stead of sufficient and approved men out of the plenitude of their power they ordaine such as are ignorant of divinity meere idiots and without scholarship and oft-times debauched persons and notorious offenders Charles the sixth in his ordinance of the 18 of February 1406 And when there is any question of preferring men to elective dignities they never used those wayes which ought to be observed and which are appointed to examine and try them whence it comes to passe that it being not possible that the Pope should know all men and the state of the Churches he admits divers into those dignities who are unworthy of them and sometimes such as are unknowne to him but by their money Charles the 7 in his Pragmatique Sanction saith That unworthy persons unknowne and unexamined are preferred by the Popes to the greatest dignities and fattest benefices of this Kingdome The States of Tours in their complaint say So illiterate people and not Ecclesiasticall should be preferred to livings as we have formerly seene Amongst the ten grievances which Germany presented to the Emperour Maximilian to be redressed this was one That at Rome the government of Churches is committed to those who are the least worthy of them and who would bee more fit to governe
by the judgement of God by reason of the sinnes committed by the Emperours the consciences of Princes and people binding them to make resistance against them 5 The Clergy of Liege in their Apology against Paschal the 2 who had commanded Robert Earle of Flanders to make warre upon them and had excommunicated them because they would not abandon the Emperour Henry the 4 How comes this to passe say they that Pope Paschall not content with the spirituall sword alone sends his Champion Robert to spoile the lands and inheritances of the Church which if they must needs be destroyed ought to bee so by the Edict of Kings and Emperours who beare not the sword in vaine 6 S Bernard exclaimes mightily against the Popes dominion and gives good advice to Eugenius the 3 about this particular where he tells him amongst â—ther things You were made superiour to others for what I pray not to domineere I trow Wee therefore having a conceit good enough of our selves doe not yet remember that any commanding power was given unto us but that a ministery was laid upon us You must consider that to doe the worke of a Prophet you stand in steed of a weeding hooke not of a Scepter Hee saith in another place This is plaine that dominion is prohibited by the Apostles goe you then I pray you and if you dare usurpe either the Apostleship as rulers or the power of ruling as the Apostles The one of the two is forbidden you if you will needs doe both you loose both Doe not thinke that you are exempted out of the number of those against whom God makes this complaint They have reigned but not by me c. Hee hath more concerning this point but this shall content us 7 Venericus Wercellensis in his book of the unity of the Church saith That the sacerdotall judgement hath no more but the spirituall sword which is the word of God And speaking of Hildebrand that is of Gregory 7 But Hildebrand saith he and his Bishops have doubtlesse challenged to themselves the very top of regall Authority yea they have usurped the function of both jurisdictions insomuch that the Kingdome is fully in their power or where they are pleased to bestow it being growne more perverse by reason of this great prideâ— so that they can neither looke to the one nor the other neither the Priestdome nor the Kingdome considering that no one man is sufficient to discharge either of the two they being such weighty imployments But however hee is neither Christian nor Catholique that contradicts the Gospel and despiseth the doctrine of the Apostles which saith Give to Cesar the things that be Cesars and to God the things that are Gods He that serveth God meddleth not with the things of the world Feare God honour the King Be subject to every humane creature for Gods sake c. He urgeth many other reasons and places out of Scripture which to set downe might be troublesome 8 A German Abbat who writ about 1â—50 speaking of the excommunication of the Emperour Frederick the 2 whom Pope Honorius had also deposed from the Empire This sentence saith hee being noised abroad into the world some Princes and divers others tooke it ill saying that it concerned not the Pope to set up or pull downe the Emperour but only to crowne him after he is elected by the Princes 9 An English Historian makes an observation herereupon which may much import all Princes One thing saith he vexed all the Princes and Prelats weighing the future dangers by the foresight of their understanding that was that however Frederick had sufficiently deserved to be deposed and deprived of all honour yet if the Popes authority by Gods permission deposed him so as he could not relieve himselfe the Church of Rome abusing the grace of God would grow hereafter to such an intolerable height and pride that she would depose Catholique Princes though just and innocent yea and Prelats also upon sleight occasionsâ— or would cause them to be deposed and disgraced and speaking haughtily and boasting themselves however descended from low degree they would say Wee have trode under foot the great Emperour Frederick and who art thou that thinkest to withstand us 10 The Pope having excommunicated King Iohn of England and put his Kingdome in an interdict compelled him to become a vassale and tributary to the See of Rome Whereupon Philip Augustus King of France gave him to understand that it was an unjust thing and more than he could doe wherein he was seconded by the great Lords of France as we have said in the beginning of the first Booke 11 In the reigne of S. Lewis ann 1247 what time as it is probable hee was gone in the Holy warres the Nobles of France finding themselves vexed and troubled by Pope Innocent the 4 made a League and set forth a declaration against him where they say amongst other things That the Clergy pointing at the Pope swallow up and frustratâ— the jurisdiction of Secular Princes so as by their lawes the children of slaves passe judgement upon free men and their children Whereas by the Secular lawes of our Kings and Princes they ought rather to be judged by us 12 The yeere 1244 the Prince of Northwales being a vassaile of the King of England put himselfe and his Princedome into the protection of the same Innocent who received him by the mediation of a certaine summe of money promising him to shake off his royall yoke Thâ—se things saith an English Monke being come to the knowledge of the King the Lords of the Land and other Princes aliens they were much displeased at him and abhorring the covetousnesse of Rome they perswaded the King of England to put it to a battell to curbe the upstart insolence of such an ungratefull person The same Pope Innocent the 4 after the death of Câ—â—rade King of Sicily and Apulia seized almost all the Kingdome into his hand and entred upon it with an army Which the chiefe of the Countrey perceiving saith the same authour they were vexed at it and setting upon Memfred bastard son to the Emperour Frederick they adhered unto him and did him hâ—mâ—ge 13 Philip the Faire being excommunicated by Boniface who pretended to be Lord Regent of France was so borne out by his subjects that when hee demanded their adviceâ— how he should demeane himself and whether he should put up that wrong they made answere uâ—to him commending his good intention That they were ready not onely to spend their goods which they there wholly offerd unto him for that end but also to expose their persons even to death for him not refusing any torments Adding further and that more plainely by word of mouth That if the King which God forbid would suffer it or connive at it yet for their parts they would never endure it Which and such like words as may bee read in some other passages
over General and Oecumenical Councels they stickle for it over others also Pope Symmachus tels us â—o very roundly The Councels of Priestâ— which by the Ecclesiasticall Canons ought to bee holden every yeere through the Provinces have lost their force and power inasmuch as the Pope is no longer present with them It is true indeed that Gregory the thirteenth when hee purged Gratians Decrets puts those words upon Damasus's adversaries and to helpe them for a shift the ensuing words upon him Silly fooles that you are did you ever read of ought that was determined in them but by appointment from the See Apostolique and without having constant recourse to that See to consult when any matter of importance was in hand 3 Yet still this makes the validity of these Councels to depend upon the Popes authority And Pope Gelasius is in the same tune saying That it is not lawfull to assemble any particular Councell nor was it ever permitted so to doe but when any question was to bee resolved either touching some doubtfull passages in Generall Councels or touching salvation recourse was wont to bee had unto the See Apostolique The severall Acts of Councels both Provinciall nationall and Generall holden in divers Countries may easily convince these domestique testimonies of falsity in asmuch as it is plainly evident from them that those Councels were holden without the presence authority or consent of the Popes and yet withall they made some Canons whereof the Popes afterwards served themselves and were well content they should be enrolled in their books 4 Wee have also divers presidents of sundry Councels holden against the the Popes as that of Rome called by Otho the Emperour against Pope Iohn the 12 about the yeer 956 Another called about 1040 by the Emperour Henry the 3 against the Popes Bennet the 9 Sylvester the 3 and Gregory the 6. That at Sutoy a town in Tuscany called by Henry the 4 Emperour against Bennet the 10 ann 1058 That at Brixine called by the same Emperour against Gregory the 7. about the yeere 1083 As also the first and second at Pisa the one against Gregory the 12 and Bennet the 13 the other against Iulius the second There is not one of all these which was either called or consented unto by them at first and I am much deceived if ever they were confirmed by them after CHAP. VI. That notwithstanding all these authorities the Popes doe arrogate unto themselves the power of calling Councels and how long it is since they usurped it 1 IT is not without good reason that wee have produced so many passages to prove by the testimony of all antiquity that the right of calling Councels belongs to the Emperours and not to the Popes and that their consent or advise was never required thereunto considering that if wee give ear to them there is no man how great soever hee bee in place that may interpose himselfe in this businesse but themselves And if wee must stand to their words it is a judged case Observe I pray you how they speake of it The power of calling Generall Councels saith Pelagius the second was by speciall priviledge devolved upon the See Apostolique by Saint Peter And Leo the first that so belaboured the Emperours Theodosius Valentinian and Marcian to obtaine leave of them that a Generall Councell might be called saith in a certaine epistle of his directed to a Spanish Bishop Wee have sent out our letters to our brother-Bishops and summoned them to a Generall Councell Sixtus the third saith Valentinian the Emperour hath called a Councel by authority from us So Pope Marcellus and Iulius the first affirme That Councels cannot bee holden without the authority of the See of Rome 2 As for Pelagius wee must tell him by his good leave that it is not true which hee saith and desire him to answer all the fore-cited authorities And for Pope Leo if the will may passe for the deed it was hee that called the Councell indeed for I doubt not but hee was as greedy of arrogating this to himselfe as the presidency for which hee was at daggers drawing with Dioscorus who as hee said had cozened him of it underhand But it may be hee goes not so farre as some would beare us in hand for he meanes onely of a Generall Councell of all the Bishops of Spaine but not of all Christendome The entire passage which is mangled and cited by Bellarmine is as wee have formerly alledged it conceived in these termes Wee have sent out our letters to our brethren and fellow-Bishops of Tarraco Carthagena Portugall and Gallicia and have summoned them to a Generall Councell And it seemes he much distrusted his owne power for hee addes But if any thing hinder the celebration of a Generall Councell which God forbid yet at least let the Clergy of Gallicia assemble themselves Now he that should grant the Pope this power of calling a Councell of the Bishops of Spaine should give him onely the authority of a Patriarch in the West but not in Africk nor in the East So that there is nothing gotten by this place for the calling of Generall Councels and for others we shall speak of them anon 3 Now for Sixtus we will demurre upon an answer for him till such time as he hath proved unto us that the Emperour called that Councell which hee speaks of by authority from him And for the saying of Marâ—â—llus and Iulius it is capable of a tolerable construction for they speake not of the calling but of the holding of Councels 'T is true indeed that for the holding of them they take too much upon them by the word Authority they should have used another terme for that is too imperious to expresse what they intend For all the authority they pretend to comes but to this That a Generall Councell cannot be holden unlesse they be called to it Which we grant to be true And this is the meaning of that old Ecclesiasticall Canon mentioned by some authours Which forbids the making of Decrees in the Church or as Bellarmine expounds it the celebration of Councels without the opinion and advise of the Bishops of Rome The application which Pope Iulius the first makes of it clearly proves as much when hee complaines that hee was not called to the Councell of Antioch where Athanasius was condemned charging them for that with the breach of that Canon Iulius saith Socrates in his letters to the Bishops of the Councell of Antioch tels them they had offended against the Canons of the Church in that they called not him to the Councell Forasmuch as the Ecclesiasticall Canon forbids the making of any Decrees in the Church without the opinion and advise of the Bishop of Rome 4 And Sozomen saith Iulius writ to the Bishops which were assembled at Antioch accusing them for seeking after novelties contrary to the faith and beliefe of the Nicene Councell and contrary to the lawes
made no reckoning of the common salvation the Emperour therefore as the protectour of the Church would take the charge of it 7 As for our Kings wee need not doubt but they had the same authority considering they had power to dissolve Councels after they had assembled them So Lewes the 11 was used to doe witnesse Iohn le Maire Vpon a time saith he King Lewes the 11 assembled the Gallican Church and all the Universities together in a Councell in the Citie of Orleans aswell the better to understand the substance of the said Pragmatique Sanction as also to take order for the Annates of Church livings By which exaction the extreme greedinesse of the Court of Rome did vex and impoveâ—ish the Realme of France by raking up every yeere a marvellous great summe of money The President of this Councell was the late Monsieur Peter de Bourbon Lord of Beajeu But as soone as ever the points were brought in question in came the King who had altered his resolution and ere any other conclusion was determined hee gave every man leave to depart Saying that he would call them to Lions hereafter Which was never done CHAP. X. That it belongs to Emperours and Kings to prescribe the forme to Councels both for persons and matters and other circumstances 1 THe Emperours Theodosius and Valentinian writ to Cyrill Bishop of Alexandria to bring with him unto the first Councell of Ephesus certaine other Bishops out of his Province namely such as hee should thinke fit and able men The same Emperours enjoyned Dioscoruâ— Bishop of Alexandria by virtue of their letters to take unto him to the number of twentie Bishops eminent for their faith and learning and to bring them along to the second Councell of Ephesus which they had called to be holden upon the first of August It pleased the Emperour Constantius saith Sozomen to call a Councell at Nicomedia a Citie of Bithynia and to cause such Bishops of every nation as should there bee found fittest to consider of things wisely and sufficient to apprehend and argue subtley and learnedly to repaire thither with all diligence upon a day prefixed who might represent unto the Synod the whole Clergy of their severall provinces 2 They allowed also whom they pleased to go into Synods So by the Emperour Martians command there were certaine Priests and Monkes of Egypt brought into the Councell of Chalcedon Notwithstanding all opposition to the contrary they proposed what points should be disputed and prescribed what matters should be treated of The Emperours Constans and Constantius gave the Councell of Sardis leave to dispute questions and examine things anew without standing to what had beene therein already determined by former Councels So the Bishops of that very Councell assure us in those letters which they sent to Pope Iulius There were three things to be handled for the most religious Emperours gave us leave to dispute anew of all that had beene formerly determined and especially of the holy faith and integritie of that truth which they had violated 3 Iustinian did the like at the fift Generall holden at Chalcedon Martian forbade that of Chalcedon to dispute any otherwise about the nativitie of our Lord and Saviour Iesus Christ than according to the determination of the Councell of Nice The Emperours Theodosius and Valentinian writ to the first Councell of Ephesus how they had sent Candidianus their Ambassadour to the Councell to whom amongst other things they had given this in charge to see that no other question were proposed till such time as the controversies then a foot were first decided Anâ— accordingly doe the Bishops of that Councell speake in their letters to those Emperours Wee being assembled at Ephesus for no other cause than to consult and treat of the faith according to your holy Edict 4 Our French Councels afford us very pregnant proofes and presidents hereof for in the most of them our Kings caused them to consult about such points as they proposed and did often call them together of purpose to take then advice in doubtfull cases King Clovys sent certaine heads or chapters unto the first Councell of Orleans which himselfe had called there to bee discussed Which being put in execution accordingly by that Synod the resolutions were sent unto him by the Synod and submitted unto his judgement 5 King Guntrand called a Synod at Mascon chiefly to make a decree against those that travell upon the Sunday which hee confirmed afterwards by his Edict directed unto the same Synod We will and command saith hee that what we here enjoyne by virtue of this Edict be from henceforth inviolably observed inasmuch as wee have caused those things which wee now publish to bee determined as you know and juâ—ged at the Councell of Mascon 6 Carloman who is called Duke and Prince of the French assembled a Councell in France anno 742 the place wee know not to take advice of it How he might reestablish the law of God and religion which had been trodden under foot and overturned in the time of his predecessors and by what meanes Christian people might compasse their salvation and not suffer themselves to be seduced by false Priests 7 The Emperour Lewes the Gentle made an exhortation at the Councell of Aix in Germany which hee had there assembled when he came into it wherein hee advised the Bishops to take a course with some things which hee then proposed and which stood in need of reformation hee prescribed also a certaine forme unto them which they were to follow and which was applauded by the whole Councell 8 The same Emperour having by his authoritie caused a Councell to be assembled at Pavy he sent certaine points unto them commanding them to deliberate upon them and that with this clause We send these chapters unto you to consult upon them and let us know your advice for some things of lesser moment which concerne the generall yet so as they touch upon some mens particular and stand in need of reformation wee will that you pasâ—e your sentence upon them and send it to us afterwards 9 The Emperours Lewes and Lotharius called a Synod at Paris anno 824 to deliberate upon the point of images So say the Bishops there About the businesse which your Pietie commanded us namely about the case of Images 10 The same Lewes and Lotharius his sonne proposed likewise certaine heads or Chapters to another Councell by them assembled at Paris in the Acts whereof the Bishops addressing their speech to the Emperours do say Your Serenitie hath collected all that seemed worthie of correction at this present into certaine heads Vpon which heads they did deliberate 11 Lewes the Grosse having called a Councell at Estampes he made them consult whether he should acknowledge Pope Innocent who was fled into his Realme or no. And upon the advice there taken he approved of his election and
so the comparison may bee more easie 16 Of our full power Apostolicall we abrogate and anull and decree â—hat whatsoever hath been enacted declared and ordain'd by the Councell of Basil against us our Lawes and liberties and of the See Apostolique be invalid and of no effect Forbidding all Christians to obey or give eare to such decrees ordinances commandements and proceedings declaring that no man is tyed by any bond of oath promise or compact made with them of what estate degree or eminenâ—e soever he bee and whether he bee of dignitie Imperiall Royall Cardinall or whatsoever else Ecclesiasticall or Civill Let it not then be lawfull for any person to infringe or in a temerarious boldness to oppose this our declaration ordinance will command cassation abrogation and prohibition 17 Let us now examine all these clauses I. First of all hee declares that he proceeds therein with full power Apostolique Paul the third saith in his Bull dated in March 1544 Out of our owne proper motion and full power Apostolique II. Secondly he casseth and declareth that what was done by the Councel of Basil in prejudice of his authority is a nullity Pope Iulius the thirdâ— in his Bull of the 15 of December saith Wee decree notwithstanding that if any person whatsoever by any authoritiy whatsoever doe attempt any thing to the contrary it shall bee void and of no effect III. Hee forbids all persons to oppose his Bull out of temerarious boldnesse Hear Iulius in his upon that point Let it not therefore be lawfull for any man in the world to infringe this present Chart or out of a temerarious boldnesse to oppose it And here is all that can be said out of Pope Eugenius his Bull to the Councell of Basil. But this is not all of Pope Pauls to the Councel of Trent For behold hee hath yet more inasmuch as he commands his Legats To remove the Councell of Trent to what other place they please to suppresse and dissolve it in the said Citie of Trent and to forbid the Prelats and other persons of that Councell to proceed any further at the said Trent upon paine of Ecclesiasticall censures and punishments This might well have sufficed but to make up the upshot see yet more To summon the said Prelats and other persons of that Councell unto that City whither it shaâ—l he adjourned upon paine of perjury and other punishments expressed in the letters of Convocation This clause is so newfangle that the Popes never used it to any Councel before Yet neverthelesse poore Eugenius because he conceived such an enterprise was declared an heretique by the Councell of Basil and deposed from his Popedome Whereas these on the contrary have wonne the day and triumphed over the Councell over Emperours and Princes yea indeed over all Christendome These denouncings of punishments are formally against the Decrees of the Councels of Constance Basil and Pisa whereby it is said That the Pope hath no power to transferre a Councell without its approbation Which notwithstanding the foresaid Popes did by their Buls above-mentioned 18 It is said another decree of the Councell of Basil That the Pope hath no presidence either coercitive or authoritative above a Councel as they phraâ—â— it that is none which gives him any authoritie over it Which Decree was made with great and mature deliberation after they had spent a long time in the search of books and some Canons and had imployed the most learned men about it 19 The Cardinals that called the second Councell of Pisa made a complaint to the other Cardinals that were neare to Iulius the second because they had consented that they should be summoned with Ecclesiasticall censurâ—s to another place to keepe the Councell Wee were highly displeased that you should yeeld your consent or give your advice if that be so to such grievous admonitions and censures as are said to be pronounced against us and that namely summoning us by censures to a place which is notoriously suspected to us Yet nothing was done for all this for they let the Pope hold his Councell of Lateran at Rome while they celebrated their oâ—her at Pisa. 20 The Councell of Basil used another manner of language to Eugenius the fourth Let us heare what Platina saith of it Then the Pope being distracted with a doubtfull care because he was pressed with warres on every sideâ— and saw the Councell of Basill which was formerly begunne by Pope Martins Decree to encrease every day the Kings of Spaine France Germany and Poland sâ—ocking thither as râ—ferring the common cause of the Christian Commonwealth to the Councels arbitrement resolving with himselfe to breake off the Councell he transferred it first from Basil to Bonony with the consent of all the Cardinals that were with him But the Emperour and the rest of the Princes and Prelates then at Basil did not onely disobey him but admonished him two or three times to come with the Cardinals to Basil the proper place for the holding of the Councell and which had beene pitched upon by Pope Martin otherwise they would proceed against him as a prevaricator and contumacious person Eugenius being moved with these words confirmed the Councell of Basil by his Apostolicall letters giving every one leave to goe thither But all this which hee relates doth appeare yet more plainly by the reading of the Acts of that Councell to which I refer the Reader 21 As for the Popes authority which is alwayes reserved in all the Decrees of this Councell it is as extraordinary a clause as can bee imagined I confesse there was alwaies a great deale of honour given to this See of Rome in consideration it was the chiefe Citie of the Empire but to make such a reservation of his authoritie was a thing unusuall and unknowne 22 When the question was about condemning the Felician heresie because the author of it had beene formerly sent to Adrian the first and convicted in his presence therefore the Councell of Francford being to excommunicate the Bishops of Spaine did him so much honour as to make an expresse reservation of Pope Adrians priviledge Which is no generall priviledge comprehending any authoritie over Councels but onely a prerogative in that point which concerned the Bishops condemnation to the intent that the processe might be revised by his authoritie according to the Decree of the Councell of Sardis So likewise the first Councell of Ephesus did Pope Celestine the honour to referre Iohn Bishop of Antioch his cause to his judgement and that for the reason which we elsewhere relate But all this was done out of a prerogative of honour not out of any acknowledgement of the Popes superioritie over a Councell for it can never bee found that other Councels reserved the Popes authoritie over their Decrees 23 Besides this is a way to bring a tyrannie into the Church seeing hee that should have such an unlimited power not subject to any controll or reproofe
of a new Pope in case the See become void We shall onely say that this is so because it is the Councell which gave the Cardinals this power of chusing the Pope to wit that of Lyoâ—s and that other of Vienna and therefore if there bee one assembled when the See fals void it belongs to it onely to proceed to the election or to depute such aâ— they shall thinke good to doe so Now the Councell of Trent having divers times suffered them to usurp this right of election it must needs be confest that it had not the force and authoritie of an Oâ—cumenicall Councell 35 Pope Leo's Constitution made at the Councell of Lateran whereby he derogates from the Councell of Basil and the Pragmatique Sanction as concerning the authoritie of a Councel above the Pope is also notoriously known to every body whereof we shall speake towards the end of this Treatise 36 And for the faculties of the Popes Legats to dispense with Councels this is proved by those granted by Iulius the third to Cardinall Saint Martiâ— de Montibus in the yeare 1551. and to Cardinall Saint George de Vitulo aureo the yeare 1553. by Paul the third to Cardinall Caraffa the yeare 1556. and to Cardinall Trivultio the yeare 1558. by Pius the fourth to the Cardinall of Ferrara in the yeare 1561 all Legats in France We find this clause in all these faculties To oppose the gainsayings of Generall Councels and to derogate from them CHAP. II. That Popes are not above Councels 1 TO make some of the injustice of this usurpation and ascribing too much to the Pope appeare more plainly wee will make it evident by authentique proofs that the Pope hath no power over a Councell We shall content our selves with touching upon the most pregnant reasons yea and to omit such of them too as would draw us into over long discourses Though wee had no authoritiâ— at all to prove that the Pope hath not any jurisdiâ—tion nor command over a Councellâ— reason alone were sufficient to lead us to this perswasion Granting that to be true which is disputed by some that the Pope is the ministeriall Head of the Chuâ—câ— it is an unusuall thing in all companies and congregations supreme Monarchies onely excepted that the Head should have more power than all the body Hee may doe much when hee is joyned with it but by himselfe if hee doe ought which doth not proceed well it belongs to his body to take order with it to take him under their cognizance to judge of his proceedings and of appeals from him and such like matters Otherwise the inconveniences are too great when a ministeriall Head hath absolute authoritie If he be unjust perfidious wicked corrupt abominable impious tyrannicall inhumane wee must have patience and submit our selves to all there being no other remedie but prayers and teares to which alone these honest Doctors bid us have recourse 2 For another reason what good will it doe us to have Councels hereafter to what end shall wee use them if they depend entirely upon the Popes authority if hee alone may alter all in an instant make new Canons and Decrees and no body can say to him Why dost thou so 3 Lastly what a misery or rather what an abuse is this that the name of the Church should bee confin'd to one man that so many goodly qualities and prerogatives as are ascribed to it should agree properly to the Popeâ— Yea that hee himselfe should be both the bridegroome and the bride And I desire all good Catholiques to take notice of this and to open their eyes that from henceforth they may discerne these illusions They ascribe unto the Pope both the nature of the Head and the nature of the Body they say hee is the Bridegroome and they will have him to bee the Bride too Heare the testimony of Bellarmine concerning this All the names saith hee which are given to Christ in holy Scripture whereby he is set above the Church the same are all ascribed to the Pope too He is called the Head of the body of the Church Hee is styled the husband or speuse See here what he saith in one placeâ— Heare also how hee speaks in another place treating of the same subject and expounding that passage out of the eighteenth of St. Matthew If thy brother have offended thee tell it unto the Church being not able to disintangle himselfe from that which is objected that those words are directed to St. Peter and by consequent to the Pope I adde saith he that the Pope may fulfill this command by a way of his owne first hee must reprove him that hath offended in private then afterwards before witnesses lastly the telling oâ— it to the Church that is the telling of it to himselfe as President O terrible id est which like a magick spell shewing us the Pope sometimes like a man sometimes like a woman makes him an Hermaphrodite One of the prime expositours of the Canon Law expounded those words thus Tell it to the Church that is to a Councell But that opinion is now cashier'd Wee doe not live in those times wherin they spoke on that fashion these are the nowadayes termes of heretiques and such as are more dangerous 4 I know very well the word Church hath reference sometimes to the Pastors of it and that St. Chrysostome expounded the place thus Tell it to the Church that is to those that preside in the Church And we are content to understand it so but this were to call the Pope in question upon the same controversie which wee have now in hand for St. Peter and by consequent the Pope being commanded to tell it to those which preside in the Church that is to his brethren and fellow-Bishops this is to make some haile-fellowes with him and to hold the authority of a whole Councel of more force than his alone which wee will not allow of Here you see the reason why it was necessary to turne that word Plurall into a singular and to understand that passage in such a way as the Pope may propound a question to himselfe and presently make answer to himselfe and so play Martin the Priest both Priest and Clerke 5 Hereafter wee must glosse that glosse upon the Decree where it saith If the Pope chance to offend his fault may be told unto the Church if so bee it be lawfull to accuse him To the Church then that is to the Pope to himselfe and no other Wee must also make Pope Gregory speake a most fearfull languageâ— and say in spite of his tâ—eth what he never so much as thought on Pope though he were for in an epistle of his writ against the Patriarch of Constantinople who styled himselfe Vniversall Bishop We saith St. Gregory speaking of himselfe to whose prejudice such and so great a fault by a bad attempt hath been committed doe observe that rule which Truth it selfe commanded
in the 18 of St. Matthews Gospel Tell it unto the Church Where as it is collected from that which follows is signified the power of jurisdiction given to the Church Synodically assembled And there are many good writings upon that subject and divers â—estimonies of Scripture whereby that truth of the Councels of Constance and Basil is confirmed There have been infinite books and treatises writ of it already The second part is cleare inasmuch as the sonne the servant the Scholar is bound to obey his mother his maistâ—r his schoolmaister but the Church is the mother the mistresse and the pedagogue of all the faithful in Christ of which number the Pope is one though he be the eldest sonne and the chief servant styling himself not in a feigned humility but in a Catholique verity Christs Servants Servant and the principall among all the other disciples of the faith So then he is set as the rectour pastour and Doctour of the rest of the faithfull of Christ in Christs corporall absence who is alwayes mystically and spiritually present and by Christ the spouse of the Church the father lord and maister of the faithfull by the authority of Christ and of the Church his wife and Spouse which is another new Eve sacramentally taken out of the side of the new Adam sleeping upon the crosse and joyned in marâ—iage with him as th'Apostle witnesseth This is a great sacrament betwixt Christ and the Church not betwixt Christ and the Pope Whence it is easie to shew that the Church Synodically assembled is a judiciall consistory and supreme over all the faithfull of Christ. And from hence also the third part of the conclusion is evident inasmuch as no party can transferre or dissolve the Iudges Seat at his pleasure For if the Pope had this power he should bee above not under the Church using not a mere borrowed power of the Apostolique keyes but an absolute free Princedome a jurisdiction belonging to himselfe And hee should not bee only the Pastour and steward over the sheep and lambes of Christ but the King and Pastour of his owne sheep against that which is said in the last of St. Iohns Gospel Feed my sheep hee â—aith not feed thine own Besides if the part had power over the whole the thing contained over the continent the particular badnesse of the Pope might oversway the universall good of the Churches intention and the Popes pleasure should be a law to the whole Church And that Church which in one of the Articles of our Creed we beleeve to bee holy built upon the immoveable rocke of our Christian faith should be made subject to a moving to a moveable and erring Prince against which saith Saint Ierom neither vices nor heresies which are meant by the gates of Hell shall ever prevaile 3 The Vniversity of Erford was of the same opinion and gave the same advice concerning the receiving and approbation of the Councel of Basil which they directed to Theodorus Archbishop of Mentz in the year 1440 we will here set downe some passages of it Now it is fitting to set which of the two ought to bee obeyed whether Eugenius or the holy Councel having shewed the validity and subsâ—stence of the Councel of Basil the superiority and preeminence of the Councel is proved thus Although the Pope or supreme Bishop bee so the principall part of the Church or in the Church that there is no one member of the said Church or particular councel greater or more principal than he nor indeed so great as he is avowed and acknowledged to be by all those that have treated of the power of the Pope Yet no Catholique that will understand the maâ—ter can eâ—er doubt but that the whole Church or a firme and subsistant Generall Councel 〈◊〉 greater than he and his superiour in matters that concerne faith or the extirpation of schismes or the generall reformation of manners For this was determined by the authority of the Church Catholique at the sacred Councell of Constance and confirmed at the holy Synod of Sens and of Basil in these words That a Synod lawfully assembled in the name of the holy Ghost making a Generall Councell and representing the Church militant hath its power immediatly from Christ to which every one is bound to obey of what estate or dignity soever hee be though he be Pope in matters which concerne c. And although this declaration of the Catholique Church might suffice alone to prove the supreme authority of sacred Councels upon earth yet notwithstanding for the greater confirmation of what hath been spoken That the rest of the body of the Church excluding the Pope if he bee contrary to it hath this authority there may be brought both reason and experience and authority In the first place reason teacheth us c. After they have proved this in manner aforesaid at last they conclude in this sort Considering then that all General Councels are grounded upon such authority that if they be assembled about faith reformation of manners that which belongs thereunto every man from the least to the greatest is bound to obey them as also considering they cannot erre and that the sacred Councel of Basil continues firme and undoubted untill this day as hath beene proved From hence three things are inferred First That if a General Councell and the Pope though hee bee truely and reallie Pope be at variance and command contrary things the most illustrious Princes Electours and all other Christians ought and are bound to obey the Councel and leave the Pope The second that the sacred Councell of Basil and Pope Eugenius that was commanding contrary things they are bound to yeeld obedience to that sacred Councel and not to Eugenius Yea to account him no Pope seeing the Councel had power to proceed to the deposing of him for his disobedience The third that they are bound to obey the most holy Pope Felix who was chosen by the Councell 4 The counsell and advice which the Vniversity of Vienna gave to the Archbishop and Metropolitan of Salizburg upon his request made unto them is conformable to the former To the second namely whether the holy Councell of Basil had full power to proceed against Eugenius and to depose him and create another it is answer'd That the holy Ghost hath openly declared by the Organ of the sacred Councel of Constance that the Church and a holy Councell whâ—ch represents it hath such a power over any man whatsoever he be although he be placed in Papall dignity Afterwards they adde the Decree of the said Councell which hath beene here alledged already together with another of the same Councell made against those that doe not obey the commandements thereof though they be placed in dignity Papall And in another place 't is said It followes then that the Holy Ghost is there at the General Councel but not as a subject but as a supreme President from whom it is not lawfull
for any of the faithfull to make appeal and by consequent not from the Councel neither forasmuch as concernes the Articles wherein it is certaine the Councell is governed by him and that hee presides there by a speciall grace and lustre to wit in what concernes faith the extirpation of schismes and the reformation of the Head and the members How can it be otherwise but an open contempt of the majesty of God and almost a piece of Idolatrie to appeale from a Councel to the Pope in such cases what is it else but to appeale from God himselfe who is confessed to preside in a sacred Councell for such things unto a meere man and to take the power of judging from God the Creator and devolve it upon a man what is it else but to preferre a man before God as a more just Iudge than he 5 The Vniversity of Cracovia gave also their advice and counsell concerning this point unto Ladislaus King of Poland and Hungary consonant unto the former but farre more large containing some very prety reasons to prove that the Pope is inferiour to a Councell out of which wee shall bring onely some passages to make it appeare what their resolution was First of all it is said That a Generall Councell representing the Church Catholique is a rule directed by the Holy Ghost and given by Christ Iesus which every one is bound to hear and obey of what estate and condition soever he be although he be a Pope And in another place Whence it followes that the Pope is not head of the Catholique Church nor of a Generall Councell which represents it but he is head in respect of particular Churches and particular members in the Church In reference to whom he is supposed to have full power as the Vicar of Christ. And elsewhere Wherefore let this bee the third conclusion concerning this point That every Generall Councell lawfully assembled in the name of the Holy Ghost doth represent the Catholique Church and hath its power immediately from Christ. This proposition hath no need of proofe considering that it hath its proofe and foundation from the decree of the Generall Councell at Constance See here the very words of it that wee may not bee put to repeat them hereafter These are the two Decrees of the said Councell which wee have inserted here before After which it is said Behold the Constitution of the sacred Councel of Constance which may suffice to make any man content unto this conclusion considering it is the assertion of the Catholique Church After the proofe of the said conclusion they proceed unto the fourth in this manner And forasmuch as the Catholique Church and the Generall Councell which represents it hath its power immediately from Christ by the foâ—mer conclusion let this now bee the fourth The power of the Church Catholique as also of every Generall Councell lawfully assembled which doth represent it is above the power of the Pope and all other power whatsoever upon earth to which every one of what estate condition or dignitie soever hee bee though it bee Papall is bound to obey and submit himselfe And if he will not obey he may be punished with condigne punishment This conclusion they prove by many reasons and authorities which it would be long to set downe in this place Wee shall onely say how that serving themselves with the authoritie of the Councell of Constance and having related at large all that passed in that respect they adde All which facts of that Councell are and will be a perpetuall memoriall unto succeeding generations Whence it plainly appeares whether a â—enerall Councell have any jurisdiction over the Pope or no. Which every bodie that hath any judgement may easily know Where it is to bee observed that the authoritie of the Councell of Constance was not any way doubted of in those dayes but continued generally approved by all in this respect In another place it is said Whence it may be inferred that although it be convenient the Pope in some sort should be called the head of the Church yet ought he not therefore to preferre himselfe before the Church Yea it might perhaps be inferred from hence that eo ipso because hee quarrels with the Church for superioritie either in his actions or affection hee not onely is not superiour but also that he is no member of the Church as one that is ill opinion'd of the authoritie of the holy Mother the Church and deficient in the true faith It is further said towards the end of that conclusion Whatsoever hath been heretofore delivered in this point by the Glosses and Doctors sometimes for the affirmative sometimes for the negative part we must now stand to the decision of it made by the sacred Councell of Constance for as much as concernes those cases expressed in their Decree to wit when the question is about faith or the extirpation of schismes or the reformation of the Church in the Head and members and in cases thereunto belonging as when the controversie is about a notorious scandall and so of others In all these the Pope is inferiour to a Generall Councell And if any man be strongly confident of the contraryâ— he ought to bee esteemed a heretique I could yet extract some other passages but see here is more than needs for them that hold the contrary 6 Now we come to our Vniversities of France which have all approved this opinion That the Pope is inferiour to a Councell Which they did not by their severall counsell and advice as those of Germany and Poland but being all Synodically assembled at the Councell of Bourges together with all the Prelates and chiefe Lords of the Land as it is affirmed in expresse termes in the narrative of the Pragmatique Sanction whose words wee have set downe in another place 7 And for that of Paris as she excels all the rest in dignitie and knowledge so hath she perform'd the bravest exploits in this regard For shee not onely approved the Decrees of the Councels of Constance and Basil at that time but even after that when she saw that Pope Leo the tenth went about to repeale them in the Pragmatique Sanction by the Councell of Lateran and by the Concordats made with King Francis shee put in an Appeale to a future Councâ—ll with such masculine and generous termes as the honour of France might require as appeares by certaine passages which we have drawne out of them bâ—foâ—e when we spoke of Appeals from the Pope to a Councell 8 Besides the second Councell of Pisa holden in prosecution of those of Constance and Basil did her the honour to desire her to write against Cajetans booke wherein he maintaines that the Pope hath authoritie over a Councell See here the letters which were writ unto her upon that occasion The holy Councell of Pisa lawfully assembled in the name of the Holy Ghost representing the Church Catholique and by way of continuation removed to
by those Decrees Whereto the Vniversity of Cracovia addes in the forementioned Advice That neither the Legats nor any other on the Popes behalfe nor he himselfe did complaine of it 11 The second Pope is Felix the fift who was lawfully created by the Councell of Constance with great solemnitie and who some yeares afterwards did resigne the Popedome for quietnesse sake Hee declared at the time of his resignation that he approved the Decree of the Councell of Constance concerning the authoritie of a Councell over the Pope setting it downe at large in the instrument which was drawne of his resignation and consequently that of Basil which hath the same thing Wee have quoted the whole passage in the precedent Chapter 12 The third is Nicholas the fift who in generall termes confirm'd and authorized all and every the Acts of the Councell of Basil and likewise all that was done by Felix in that behalfe Bellarmine denies it restraining that confirmation to that which the Councell had ordained touching Benefices and Ecclesiasticall censures But hee tooke no notice of that generall clause in the Bull We approve ratifie and confirme all and every the Acts deeds grants gifts indults dispositions and ordinances although they bee greater and weightier or of another nature than the former and although they require a speciall declaration which wee will have to bee accounted as expressed which have beene made or done as well by those that obeâ—ed that Councell of Basil and Amedeus called in his obedience Felix the fift as by those that continued together under the name of a Generall Councell at the Cities of Basil and Lausanne As also when he was admitted and approved Pope by the Councell of Lausanne he had formerly made evidence that hee was thus resolved to acknowledge the authoritie of the Councell over him and to approve their Decrees as it is said in the Act of his confirmation which passage we urged in the former Chapter 13 Lastly Bellarmine in stead of a buckler useth the authoritie of such Popes and Councels as have condemned this of Basil. Hee puts Eugenius in the first place whose hap it was with all speed to confirme the Decrees which are now in question and all that was done at the Councell of Basil till the sixteenth Seâ—sion whose hap it was to send his Legats thither to preside there which they did afterwards confirming those same Decrees With Eugenius he joines his Councell of Ferrara saying that it was holden at the same time with that of Basil and that there were a greater number of Bishops there that the Emperour of Greece was there in person with many other Bishops of that nation and the Emperour of Germany's ambassadour and that the Pope presided there I will grant him all this but withall he must know he hath gained nothing by it in the question which wee have now in hand Inasmuch as the Councell of Florence or Ferrara beganne not before the yeare 1438 at which time yea a long time before those Decrees of the Councell of Basil which we speake of were made to wit in the yeare 1431. And therefore though there might be some doubt about the last Acts of it yet there can be none about the first 14 He saith further that all the Church rejected that which the Councell of Basil decreed concerning the authority of a Councell over the Pope inasmuch as notwithstanding Eugenius was deposed by that Councell yet she acknowledged him still for a true Pope The truth is that Eugenius was taken for Pope by some few Princes and Nations after his deposition but the consequence is false that therefore the Church rejected those Decrees touching the authority of a Councell over the Pope For many approved the one who disliked the other by reason of their particular affection which they bore to Eugenius And in deed King Charles the seventh declares in plaine termes That he held the Councell of Basil for a true Councell that hee never approved that of Ferrara that for the deposition of Eugenius and election of Felix he never yet did approve of them nor doth he now approve them The Bishop of Panormo saith That all the Ambassadours of the Emperour Kings and Princes which were at the Councell of Basil before stayed there notwithstanding the pretended translation of it to Ferrara and which is more saith he the King of France did expresly forbid any of his subjects to goe to Ferrara to celebrate the holy Oecumenicall Councell upon paine of great penalties alwaies acknowledging the Generall Councell of Basil. This authour is irreproveable considering he was sent to the Councell of Basil by Eugenius to cause that Councell to cease so farre forth that in favour of him he there disputed against his conscience maintaining some false opinions which he afterwards recanted in his writings 15 To make it more evident that the pretended rejection of the Councell of Basil concernes onely the deposition of Eugenius and that it was received for all besides we will here produce the very words of a protestation made by King Charles the sixt The King protesteth as a most Christian Prince treading in the footsteps of his predecessors that hee will obey the Church duly and lawfully assembled But forasmuch as divers honest and grave personages doubt whether the suspension and deprivation of Eugenius and the election of Felix made at Basil be well and canonically performed and celebrated and that it is questioned whether that assembly then when these things were done did sufficiently represent the Church Catholique to proceed to such great matters and so important the King persists and remaines in obedience to Eugenius in which hee is at this present This protestation was made the second of September 1440 and is printed with an oration of Mâ— Iohn Gersons All the Historians that have writ of this Councell do highly commâ—nd the beginning of it and find no fault with it no not in that which concernes the reformation of the head and members But for the end they say that was shamefull 16 Bellarmine saith further that the Fathers of the Councell of Basil did submit themselves to Pope Nicholas the fift as also Pope Felix whom they had created did yeeld to Nicholas the successour of Eugenius Wee answer that for the quietnesse sake of the Church Felix did resigne the Popedome and yeelded to Nicholas as the act of that Session hath it and that Nicholas was created Pope anew by the Councell of Lausanne which was nothing else but that of Basil and that this very Pope confirmed the Acts of the Councell of Basil. Now in the Act of his creation there is this amongst other things We have declared that peace is necessary yet so as the authority of the Church bee alwayes preserved entire according to the determination of the holy Councell of Constance And afterwards The holy Synod lawfully assembled representing the Church Catholique with mature and concordant
Paschal tell how they had read that Pope Gregory the seventh commanded the Marchionesse Maud that as shee would have her sinnes remitted she should make warre against and destroy the Emperour Henry the fourth But wee doe not conceive by what authority either he or others could doe it justly And afterwards addressing their speech to Paschal O holy mother Church of Rome hitherto thou observest the fashion and custome of binding and loosing discreetly and commandest us so to observe it Whence is then this new authority whereby impunity of sinnes alreadie committed and liberty of committing for the time to come is offered to delinquents without confession and penance What a gappe hast thou hereby set open to the wickednesse of men O mother God deliver thee from all evill 4 The story which is related by an English Monke is very remarkable About the same time saith he to wit the year 1258 there came into England a certaine Fryar of the Order of the Minorites called Mansuetus sent by the Pope at the instance of the King who trode in the steps of Mr. Herlot being instructed with a great power insomuch that changing their vowes he absolved all the Royalists as they called them at his pleasure or justified excommunicate falsifiers and perjur'd persons Whereupon divers delinquents tooke occasion to offend for the facility of pardon gives occasion to sinne but wise men made a mocke of it It is a meanes to induce any man to abandon himself to all kinde of vice and lewdnesse to bee assured that all the sinnes which hee can commit shall bee forgiven him 5 Wee will here set downe some passages out of a Bull which came to our hands containing the summary of many others granted by Pope Paul the third who called the Councell of Trent in the year 1539 to the brethren of the Fraternity of the Sacrament of the altar printed at Chartres by Philip Hotot the year 1550 at the request of the Protectours Proctours and brethren of that Fraternity Loe here the very words Giving and granting furthermore to the said faithfull Christians which shall enter into the said Fraternity of the blessed Sacrament of the body of IESVS CHRIST upon the day of their entrance full pardon of all their sinnes they being first confessed and the said sacrament of the altar devoutly received Besides three times in their life a like plenary pardon in manner and forme of a Iubily Furthermore unto the said brethren such as shall accompany the said blessed Sacrament when it is administred to sick folks or to such as by reason of their impediments cannot doe it and shall cause it to bee so accompanied as is above expressed and shall assist at Processions and divine service such as shall bee done and solemnized by the said brethren as above said an hundred years of true pardon for every time they shall so assist And those that shall visite the said Church every Friday in the year ten years of true pardon and as many quarentains saying a Pater noster and an Ave â—ary every Friday Behold yet another Article which goes further as wee shall understand by the commentary As also power to use and enjoy all and every the priviledges indults exemptions liberties immunities plenary pardon of sinnes and other spirituall graces given and granted to the brother-hood of the image of St. Saviour ad Sancta Sanctorum of the charity and great hospitall of St. Iames in Augusta of St. Iohn Baptist St. Cosmus and Damianus Of the Florentine nation of our hospitall of the Holy Ghost in Saxia Of the Order of St. Austin and St. Champâ— Of the fraternities of the said citie Of the Churches of our Lady De Populo de verboâ— together with all the gifts graces pardons and indulgences granted by our predecessours to those which visit the said Churches or to be granted by our successours to have and enjoy for ever 6 In the sequell of that Bull are set downe the indulgences granted to the Churches brother-hoodsâ— and Hospitals mentioned in the former Article with the names of the Popes that granted them amongst whom are named Sixtus Gregory Innocent Celestine Clement the fift Boniface the eighth Innocent and Sixtus the fourth But wee may doe better to transcribe the whole for it may bee there is now a scarcity of copies The Statutes and Ordinances of the worshipfull Fraternity of the most blessed body of our Lord Iesus Christ newly founded and erected in the Church of St. Hilary of Chartres together with a summary of the pardons and indulgences given and granted by our holy Fathers the Popes and by our holy Father Pope Paul the third of that name confirmed to the said Fraternity and all others of like denomination as well at Rome as out of Rome erected or to bee erected Which Statutes and Ordinances by virtue of the taking out of those Buls made thereupon by authoritie of Pope Iulius the third of that name now reigning given at Rome the sixt day of May in the year one thousand five hundred and fiftie shall bee observed and kept in manner and forme fâ—llowing The pardons Indulgences Iubily and plenary remissions granted to such as visit the altar where the blessed Sacrament and precious body of Iesus Christ is placed in the said Church of St. Hilary upon the daies in the yeare and according to the manner and forme hereafter declared and expressed to the end that every Christian desirous of his salvation may purchase and come by them 7 And first the declaration of the Indulgences given and granted to the brethren of the said Fraternitie found in the Church of St. Hilary of Chartres verified approved and confirmed for ever but made valid by our holy father Pope Iulius the third of that name now reigning 8 The Indulgences granted to the Hospitall of St. Iames in Augusta 9 The Indulgences granted to the Church of St. Iohn of Florence and to the company and society of the said nation and of St. Cosinas and Damianus of Rome 10 The Indulgences granted to the societie of the holy Camp of Rome 11 The Indulgences granted to the brethren and sisters of St. Saviour ad Sancta Sanctorum 12 The Indulgences granted to the companie of the Charitie of Rome 13 The Indulgences of the great Hospitall of the Holy Ghost in Saxia of the Order of St. Austin of Rome 14 The Indulgences of our Lady de Populo of Rome The catalogue and declaration of the Indulgences aforesaid with the names of the Popes that granted them and the dayes upon which they may be had 15 First our holy Father Pope Leo hath granted to all and every one of the said brethren which shall be present at Processions and other divine service celebrated upon Corpus Christi day remission of all their sinnes provided they bee confessed and penitent or have a full resolution to confesse themselves at the times appointed by our holy mother the Church Plenary pardon to those of
the frequency of Councels 1 IT is a great advantage which the Pope hath got that there must bee no more Generall Councels but when hee pleaseth For loe here the Decree of our Councell If it chance that there bee any things which it thinkes there are not that require further declaratioÌ„ or determinatioÌ„ besides other remedies appointed in this CouÌ„cel the holy Synod trusts that the most blessed Bishop of Rome either by calling forth those whom he shall think most fit to treat about such a businesse out of those Provinces especially where such difficultie shall arise or by the celebration of a Generall Councell if he thinke it needfull or by any other more commodious way as he shall think good will take care that the necessities of the Provinces be provided for for Gods glory and the Churches peace 2 This is all one as to make the Pope past breeching past tutoring and correction to take away that frequent celebration of Couâ—â—els and leave the convocation of them to their courtesie is as much to give the rod wherewith the master hath whipt him into the Schollers hand to doe what he please with it The Popes when they were monstrously debauched in a monstrous fashion and given over to all manner of vices abominations and impieties were curb'd and brought under to some discipline by the Councels of Pisa Constance Siena Basil Lausanne and the second of Pisa. Where many of their Popes were deposed where many good rules were made for the holding of Councels tending principally to the reformation of the abuses of the Pope and Court of Rome where it was religiously ordained that Generall Councels should be called and celebrated every ten yeares and that in such sort as the Popes might not prolong the terme but might abridge it if need required See here the very words of the Decree of the Councell of Constance We ordaine and decree by this perpetuall Edict that from this time forwards Generall Councels shall bee holden in this manner The first that shall be held after this shall be within five yeares next following and the next after that within seven yeares immediately reckoning from the end of the former and alwayes after from ten yeares to ten yeares for ever And afterwards Which terme the supreme Bishop may abridge upon some occasions which may come to passe with the advice of his brethren the Cardinals of the holy Church of Rome but he may not protract it in any wise 3 This same Decree is set downe word for word in the first Session of the Councell of Basil and confirmed by it And in the eleventh Session is added this exposition of it This holy Synod doth further declare that these words of the Decree That it cannot be prolonged in any wise ought to bee understood by way of forbiddance or prohibition in such sort as it cannot bee prolonged even by the Pope himselfe It is the third time repeated and confirm'd in the sixteenth Session These same Decrees of these two Councels are transcribed word for word into the second of Pisa at the beginning and confirmed by it Antiquity shewes us plainly that after the Christians were at liberty Generall Councels were very frequent 4 The fruit that springs from the frequency of these Councels is recommended unto us by the Decrees above-mentioned where it is said that it is the principall tillage of the Lords field that it extirpates heresies schismes errours corrects excesses reformes what is amisse makes the vineyard of the Lord fertile Whereas the cessation of them on the other side produceth quite contrary effects as it is there delivered with this addition That the memory of times past and the consideration of the present made them eye-witnesses of it Whereunto we will adde the testimony of Mr. Iohn Gerson There never was heretofore nor ever will bee hereafter a more pernicious plague in the Church than the omission of Generall Councels whether in the matter or in the authority And in another place If so great and such enormous dangers have befalne the Church of God since the celebration of Generall Councels hath beene intermitted it is easie to see how usefull and commodious the frequent celebration of them would be 5 He is a very novice in the history of later times which knowes not the shifts and evasions which the Popes have used about the holding of Generall Councels even after they have by solemne oaths bound themselves to hold them and the wiles they have used to disanull and dissolve them the bickerings and disputes they have had with Councels themselves about that matter whereof we make mention in divers parts of this discourse The same Gerson witnesseth as much in saying that the Popes abuse the plenitude of their power in that they will not celebrate Generall Councels 6 Everard Bishop of Salisburg in an Imperiall Diet of Germany holden about two hundred â—â—ares agoe speakes thus of this matter He that is the servant of servants desires to be the Lord of Lords as if he were a God hee sleights sacred assemblies and the advice of his brethren yea of his masters he is afraid lest he should be constrain'd to give account of those things which he commits dayly more and more against the lawes 7 Zabarel Cardinall of Florence who writ a little before the Councell of Pisa saith The ancient custome was that all difficult cases should bee determined by a Councell the convocation whereof was frequent But in after times certain Popes that have governed the Church rather like earthly Princes than like Apostles never tooke any great care to call them From which neglect hath sprung much mischiefe 8 Iacobus de Paradiso saith They tremble to heare any man speake of the calling of a Generall Councell knowing by experience that Councels doe not deale gently but correct and amend without respect of persons And indeed the Emperours and Princes who in these later times had quite let goe the reines of Ecclesiasticall discipline through ignorance of their right were forced to resume their authority and proceed to the convocation of Councels against the Popes will 9 So that it is but a cheating of Christendome above board to leave the judgement of the necessity of Generall Councels to the Popes will and pleasure abolishing by this meanes the good order established by the Councels aforesaid which was received and confirm'd by our Pragmatique Sanction where the said Decrees are transcribed word for word Which gave occasion to King Charles the ninth to require by his Ambassadours at Trent the celebration of Generall Councels every ten yeares as appeares by his demandsâ— to which no regard was had because this intrencht upon the Popes authority who by this kinde of suppression of Generall Councels hookes all the power of them unto himselfe CHAP. VII Of the Iesuites 1 THe Order of Iesuits instituted by the two Popes Paul and Iulius the third the
investitures of Bishops without Simony He saith also that Pope Iohn confirmed the investiture of the Bishoprique of Liege which King Charles had granted to an Abbat whose name was Richard 9 An infinite number of Historians and other ancient Authors besides doe testifie that the Emperours bestowed Bishopriques and Abbeyes and gave the investitures of them I shall content my selfe with putting down some of theâ—â— in the margent without relating what they say of it considering it is a thing sufficiently knowne 10 The Emperours enjoyed this right peaceably without any controversiâ— till the time of Gregory the seventh who though himselfe had received his confirmation from the hands of Henry the fourth as wee have said yet with the advice of a Synod he thundered out an excommunication against all Emâ—perours Kings Dukes Marquesses Earles and other secular powers or person who should adventure to conferre investitures of Bishopriques and other Ecâ—clesiasticall dignities and against such as should receive them at their handsâ— Which Decree serves now adaies for an inviolable law unto his successours being inrolled in their bookes And wee may truly say this was the flame thaâ— gave fire to those seditions warres and other bickerings betwixt the Pope and Emperours which have consumed all Christendome and which engenâ—dred nought since but disorder and confusion 11 I will not stay to relate the histories of all that hath passed concerning this subject because they are sufficiently knowne to every bodie save onely what passed betwixt Pope Paschall the second and the Emperour Henry the fift whom they hold to have renounced this right to the prejudice of his successours This Pope made an obligation to this Emperour about investitures in these termes Pope Paschal granteth unto the Emperour Henry and to his kingdome as his priviledge inviolable and in the person of the Bishop or Abbat elected freely without Simony the same will corroborate and confirme with consent of the said Emperour that it shall belong unto the said Emperour to invest them by giving of a ring and crosier staffe and that the Bishop or Abbat thus invested shall freely receive consecration from that Bishop to whom it shall belong to give it But if any be elected by the Clergy and people unlesse he be invested by the Emperour he shall not be consecrated by any man and the Archbishops and Bishops shall freely consecrate those that are invested by the Emperour Hee set out another Bull and constitution besides pretty large containing for substance the same with the former script which we read in histories entire 12 All this is now condemn'd as a nullitie and accused of force and violence being made by a prisoner and captive Pope Besides the repeale thereof is alledged which was made presently after by the Councels of Lateran and Vienna under the same Pope and almost at the same time That of Lateran calleth this priviledge granted unto Henry a praviledge playing upon the word condemnes it casseth and declares it a nullitie yea and excommunicates it We condemne it say they we judge it null and utterly cashiere it and for feare lest it should have any authoritie and eâ—fâ—cacy wee absolutely excommunicate it That of Vienna useth the like condemnation and goeth yet further declaring investitures to be hereticall Behold the words Following the authority of the Church of Rome wee judge investitures of Bishopriques Abbeyes and other Churches to be a heresie It pronounceth also the same Emperour accursed We excommunicate him saith it wee anathematize him and cast him out of the bosome of the holy mother Church 13 Such was the fury of the See of Rome against this poore Emperour that the Legats trotted over all parts of Christendome to cause the like excommunications to proceed against him as an ancient writing testifies which Mr. Francis Iuret hath inserted in his notes upon the Epistles of Ivo Bishop of Chartres The yeare one thousand one hundred and fourteene Cono Bishop of Pilastrine and Legat of the See Apostolique did anathematize the said King Henry at Beauvais at a Councell by him there holden and at the next Lent He condemned the same Henry in a Councell holden at Rhemes Conon condemned King Henry at Cullen in the Church of St. Gereon Conon condemned the same King in a fourth Councell holden by him at Chalons 14 See here is enough to put him in a fright but they must trouble England too about it For Anselme Bishop of Canterbury having received the decree of the Councell of Lateran did his endeavour to make it be observed by degrading certaine Abbats and Priours who had taken their investitures from lay hands 15 This poore Emperour abandoned almost by all the world and combated even by his owne subjects especially by the Clergie was constrained to renounce the right of his predecessors and to quit claime the investitures to the Pope by a goodly declaration which he made concerning it see here the words I Henry by the grace of God Emperour of Rome for the love of God of the holy Roman Church and of Pope Calixt and for the benefit of my soule doe restore unto God and to his blessed Apostles Peter and Paul and to the holy Catholique Church all kinde of investiture made by the ring and the staffe and permit that elections and free consecrations be made in all Churches The Pope on the other side made this declaration unto him Calixt servant of the servants of God to his welbeloved sonne Henry by the grace of God Emperour of the Romans I grant that the elections of the Bishops and Abbats of Germany which belong to the Empire be made in your presence without Symony and violence to the end that if any discord chance to arise betwixt the parties you may give your consent and assistance to the sounder side by the Counsell or judgement of the Metropolitan and Provincials And that hee who shall bee elected may receive from you the Royalties by the Scepter excepting all such as belong to the Church of Rome and that he doe unto you all which he is bound by right to doe And hee that shall be consecrated in other parts of the Empire shall be bound to receive the Royalties of you by the Scepter within six moneths Hee calls the fiefs and other rights which the Bishops hold of the Empire Royalties 16 The question is now whether this renunciation be valid and whether it could prejudice his successors No good lawyer will ever pronounce for it First in as much as the Councels aforesaid cancelled the obligation of Pope Paschal as made by impression and violence this renunciation of the Empire stands void by the same reason considering he was brought to that extremitie by the noise of those thunderbolts hurled by the See of Rome in all parts of the world and by the revolt of his subjects seduced by the abuse of these spirituall remedies and by the warre which was stirred up against him to preserve and
famous Councell lawfully called Hee excommunicated Fredericke the first very unjustly and carried himselfe so insolently towards him that he made him walke bare foot in his chamber and putting his foot upon his neck spoke these words Super Aspidem Basiliscum c. Thou shalt goe upon the Lion and the Adder To absolve King Henry the second of England from that ill usage which hee had showne to Thomas Archbishop of Canterbury he ordained that Appeales should bee allowed to issue out of his kingdome to Rome Gregory the ninth the compiler of the Decretals tooke upon him to excommunicate Fredericke the second very unjustly promised life eternall to such as would make warre upon him at last sold him his peace and pardon for an inestimable summe of gold As for Boniface the eight the aâ—thor of the sixt booke of the Decretals who excommunicated Philip the Faire and called himselfe Lord of all the world who wore both the swords and reigned with incredible insolence he is so well knowne that he needs not my commendations Clement the fift the authour of those Decretals that beare his name declares that the Emperour takes an oath of allegiance to the Pope that he is not Emperour till after hee have received his consecration and the Crowne from his hand This Pope caused his Clementines to be published at Montelimar where he then was and had resolved to intitle them the seventh booke of Decretals but he dying in the interim at Rochemaure they hung in suspense till such time as Iohn the twentie second his successour sent them over the Vniversities This is that Iohn that excommunicated Ludovicus Bavarus because he had taken upon him the name and title of Emperour before he was crowned by him who being sued unto for peace and amitie by that Emperour would not hearken to it till he should first devest himselfe of the Empire and come to him in the qualitie of a private man whose sentence was pronounced a nullitie by the States of Germany I doe not speake of the warreâ— which were raised by their ambition to the great destruction and calamitie of Christians nor of many other vices that abounded in them It sufficeth me to touch upon some few of the most eminent of them See here our goodly law-givers Let us from henceforth in stead of Oracles receive those fumes and vanities which they present us with in their bookes CHAP. VII Of the censure of Bookes 1 HAving approved and confirm'd the Popes Decrees and Decretals it was necessary they should condemne those many bookes that are in the world which teach a quite contrary doctrine For they are as so many witnesses of the so many errours and falsities as are in them and of the folly of those which approved them Our Fathers of Trent thought they could not by this charge upon any that would better quit himselfe of it than his Holinesse himselfe considering it so nearly concernes his copihold This is the reason they decree in this manner The holy Councell in the second Session holden under our holy Father Pius the fourth made a committee to certaine select Fathers that they should consider what was requisite to be done concerning divers censures and suspected or pernicious books and that they should make report thereof to the holy Councell hearing now that they have finished thâ—s worke and seeing that by reason of the multitude and variety of bookes it cannot bee distinctly examined by the holy Synod it therefore commands that whatsoever hath beene done by them in this particular bee presented to the most holy Pope of Rome to be concluded and set out by his judgement and authority 2 This Canon must be rightly understood with all its ampliations whereof the first is That power is not onely given to the Pope to determine and publish what had beene alreadie done but also to doe the like for ever after with all bookes wherein should bee found any thing that may be offensive to him The words of the Decree seeme repugnant to this in some kinde when they speake of that which hath beene done alreadie but our Doctors say that Beneficia non sunt restringenda Next it belongs to the Popes to put expositions upon the Canons and Decrees of this Councell for that power is given unto them in expresse termes at the end of the last Session Now the Popes have understood it so and those which came after have not omitted to doe their endeavour in this kinde so that a man would wrong them to accuse them of negligence The last impression of their Index expurgatorius set forth at Paris by Laurence Sonnius the yeare 1599 will alwaies serve them for a just defence which carries this inscription The Index of bookes prohibited with the rules made by the Fathers select by the Councell of Trent first published by the authority of Pius the fourth afterwards augmented by Sixtus the fift and now lastly revised and set forth by the command of our holy Father Clement the eight Revised that no scruple bee left signifies as much as augmented afterwards Which is necessary for those many wicked bookes must be excommunicated which say worse than hang 'em to our later Popes the Authors of our warres and almost to all the rest yea which is more grievous to the Popedome it selfe which they have laboured to overthrow Wherein Catholiques have beene as busie as any others if not more to the great scandall of the Church The second ampliation is That power is given unto him to condemne all those bookes as hereticall which were made in defence of the lawes power and authoritie of Emperours Kings and Princes and that so farre forth as they cannot be spoken of but as vassals and feudetaries to Rome and to bestow any other title qualitie or prerogative upon them is to speake blasphemie against the holy Sec. 3 For this reason it was necessarie to condemne the Epistles of the Emperour Fredericke the second for heresie which were collected into one volume by Peter de Vineiâ— his Chancelour which containe a defence to the Imperiall Lawes against the Popes usurpations The workes of William Occam a Franciscan and Marsilius of Padua a Devine who defend the same rights in behalfe of the Emperour Lewes the fourth The booke of Antonius de Rosellis of the power and authoritie of the Pope made upon the same occasion in behalf of the Emperour Fredericke the third and in defence of his rights being dedicated unto him for that purpose The treatise of Zabarell Cardinall of Florence intituled Of schismes which should bee taken away by the Emperours authority made a little after the first Councell of Pisa where he speakes of the Imperiall power in the Church somewhat too freely to the prejudice of our Popes The Monarchie of Dante 's where he treats that the Emperour depends not upon the Pope but holds his Empire from God The Vâ—rgers dreame and another booke intitled A dispute betwixt
the Clerke and the Souldier which is an abridgement of the former containing a defence of the Lawes Royall of the Kings of France against the Popes usurpations dedicated unto Charles the fift and translated into French by his command Peter de Ferrariis the Practitioner who is put in two places for feare of missing him in the one hee is condemn'd outright in the other they have done him this favour to spare his life upon condition that he be gelded which was afterwards put in execution to the purpose They have not spared even Pope Pius the second himselfe not content with that declaration which he set forth in his Bull declaring all that to be hereticall which he had written against the Popes authoritie when he was called AEneas Sylvius and by consequent the booke which he intitled De origine authoritate Imperatoris Romani where he speakes of Imperiall lawes in other termes than the Popes doe to the prejudice of their Decretals Our Lawyer Baldwin for all he was an enemie to the Hugenots yet could not escape the furie of Rome but was condemned as a Heretique for a booke which he made Of the Ecclesiasticall and Civill Lawes of the Emperour Constantine And because he gives the Emperours too much power over Ecclesiasticall discipline whereas by the doctrine of our Popes they are no more but meere executioners of their Decrees and Constitutions having no power to intermeddle further 4 All other bookes which have treated of the Imperiall or Royall power whether for temporall matters exempting them from the power or iurisdiction of Popes or for spirituall and ecclesiasticall discipline have undergone the like condemnation and amongst others that which beares this title What manner of power it is that belongs to Kings The historie of Francis Guicciardine where he speakes of the usurpation of Popes and the progresse of them The lives of the Emperours set out by Iohn Cuspinian where he speakes of the same things The historians of Germany printed by Wechelius the yeare 1584 because they relate in their histories the unjust proceedings of the Popes against the Emperors and afford some testimonies for the rights of the Empire The Flowers of Histories with the Author of them Matthew Westminster an English Monke who liv'd about the yeare 1375 because he hath oft time spoken his opinion concerning such usurpations and unjust dealings The Commentaries of Claudius Espenseus a Sorbon doctour upon the Epistle to Titus because he speaks too favourably in behalfe of Kings and gives them too great authoritie in the Church as also because he speaks a litle too freely against our Councel and the beastlynesse of Rome That great worke of Marguarinus de la Bigne a Sorbon Doctour intitled Bibliotheca Sanctorum patrum because the Pragmatique of Saint Lewes concerning the rights and liberties of the Gallican Church is there found and other writings and tracts which shewes the power of our Kings as the Historie of Gregorie Archbishop of Tours Ado Archbishop of Vienna Sigebert Abbat of Gemelard who speaks also of the Imperiall authoritie That goodly remonstrance of the Court of Parliament of Paris exhibited to King Lewes wherein is represented the power and authoritie of our Kings in the Church the opposition which they have made against those Popes which would have invaded our liberties which they have put also in two places that so an iterated act may bee of more force and many more which a man may take notice of at leasure 5 The third ampliation is That they have power to abolish and condemne all those books and writings which have been published at divers times in defence of Councels and of the authoritie of the Church against the usurpations of Popes And upon this consideration it is that the book of Zabarel Cardinall of Florence concerning schisme was condemned together with some others whereof we have spoken already The counsell of the Abbat of Panormo made in defence of the Councel of Basil The book of AEneas Sylvius of the same Councel of Basil which troubles them infinitely And it is very credible the author would never have thought of doing of it if hee had beleeved that ever he should have beene Pope The Acts of the second Councell of Pisa which they call a Conventicle which tends to the disgrace of us Frenchmen of whom it did mainely consist The booke of Duarenus intitled De sacris Ecclesiâ— ministeriis because hee limits the Popes power and many other Authours 6 The fourth ampliation is That it is lawfull for them to enroll amongst these the writings of all such as have recorded the vices and abuses of the Popes Court of Rome to demand a reformation thereof Or who have spoke of them by way of complaint or otherwise as Theodoric of Nihem one of their Officers who hath told us strange stories of the lives of Popes during their schisme Cardinall Benno who hath told us wonders of Gregorie the seventh who was called Hildebrand and some other Popes that lived before him Nicholas de Clemangiis a devine of Paris who speaks very freely after the French fashion of the abuses of the Court of Rome The hundred grievances of the German Nation put up in the Dict of Noremberg in the yeare 1522 by the Catholique Princes and other States there assembled to be presented to the future Councel which was afterwards called at Trent See what justice was done to them in this case As also all the tracts put together in a book intitled Fasciculus rerum expetendarum fugiendarum which concerne especially this reformation and others in great abundance 7 Many ampliations yet more might bee made but wee will content our selves with these This were too much if our Popes could be content with it It is to be feared that they will not tho and that they will increase their roll from yeare to yeare Wee shall see them shortly take upon them to abolish the lawes edicts constitutions and ordinances ancient and Moderne of Emperours and Kings To wit all those that speake of Ecclesiasticall discipline of the authoritie of Princes in the Church in justice in election and nomination to Bishopriques of their rights and priviledges and the liberties of their Kingdomes and Empires It is their meaning that no man shall make any question of it but they durst not as yet leap beyond their limits for feare least the heavinesse of their load should make men kick They come to it by degrees as they have alwaies done And to make their designe appeare as cleare as the day we need but represent two of their pieces to wit the Bull De coena domini which they continually renew Looke the sixteenth Article of that which Gregory the thirteenth sent into France in the yeare 1575. and Gregory the fourteenth during our last troubles We excommunicate and anathematize all and every one the Magistrates Counsellours Presidents Auditours and other Iudges by what name soever they bee called the Chancelours
nor against their vassals and subjects First forasmuch as such lawes have beene abrogated by contrarie practice bee it in Germany England France or elsewhere Secondly forasmuch as the cause of them ceasing there is no need to observe them Now the cause or reason which is fully expressed in those two lawes is this That the authoritie of sacred religion invents and finds out many meanes of allaying suits which the ties and formes of captious pleadings will not admit of That the judgements of Bishops are true and uncorrupted That this is the châ—aking of those malicious seeds of suits to the intent that poore men intangled in the long and lasting snares of tedious actions may see how to put a speedy end to those unjust demands which were proposed to them Now wee have made it appeare in the second booke when we treated of the reformation of the Head that the Pope his Decretals the Court of Rome and other Ecclesiasticall Courts are now adayes become the source of iniquitie and injustice and of all the shiftings and tricks that ever could be invented in matter of pleading and that all Christendome graones miserably under them at this present Why then should a man submit himselfe to their judgement this were for escaping the ashes to throw himselfe in the fire Duarenus speaking of these two laws saith That the conditions of the Bishops being changed both these constitutions grew out of use as it is credible Thirdly the Popes have rendred themselves unworthie of them because they went about to retort thâ—m upon their authours to urge them against those which are exempted from them because they wold have made their liberality redound to their own dammage and have arrogated their power unto themselves and usurped their lawes Lastly those who made those constitutions have power to unmake them to alter or abolish them at their pleasure To what purpose then are they urged against them There needs be no more talke of them in France for they have now beene a long time disused Wee see no tracts of them in our Histories nor in our ancient records And besides wee have at this present some Ordinances cleane contrary to this which forbid Clergy men all jurisdiction over lay men unlesse it bee in spirituall cases as wee have elsewhere expressed CHAP. II. That a Councell hath no power in temporall matters 1 FOr goods and other temporall matters Saint Austin hath passed his sentence by which hee hath submitted them entirely to the jurisdiction of Princes although they be in the possession of Clergy men By what law saith he doe you except the goods of the Church by divine law or humane The divine law we have in the Scriptures and the humane in the lawes Imperiall That which every man possesseth doth he not possesse it by the humane law Humane lawes are the lawes of the Emperours for God hath dispensed humane lawes amongst mankinde by the mediation of the Emperours and Kings of this world And a little after Take away the Imperiall law and who dare say this possession is mine This servant is mine This house belongs to mee If the Royall lawes have ordained that these things should bee holden and possessed by men would you have us to conceale the law that so you might enjoy them And after some passages Let those lawes be read where the Emperours have commanded expresly that those who usurpe the name of Christians unlesse they bee within the communion of the Catholique Church cannot possesse any thing in the name of the Church But say you what have we to doe with the Emperour I have told you already that the question is here of the law humane and the Apostle himselfe would have all men to bee subject to Kings and Kings to be honoured And hath said Have Kings in reverence Say not you then What communion is there betwixt mee and the King otherwise it will be said unto you What communion is there betwixt you and your possessions They are enjoyed by the constitutions of Kings You say What hath the King to doe with me doe not then call those possessions yours for as much as you have renounced humane lawes by virtue whereof such possessions are enjoyed This pregnant place is inserted into the Decree all entire as I have related it so as now it is a Papall law which plainly teacheth us that Ecclesiastiques have no jurisdiction over the lands and possessions and other temporall goods which Churchmen are seized of much lesse have they any over those which are in lay mens power over which notwithstanding the Councell of Trent hath stretched their authoritie 2 Gregory the thirteenth it seemes would have voided and rebated the force of this Canon by that Item which he gives us that the word Church is not at the beginning of the passage because Saint Austine speakes there of heretiques namely to the Donatists Which is very true But if he will inferre from thence that Saint Austine would not have said as much of the goods of the Church wee will deny his argument These goods whereof hee speakes were the possessions of the Church before the Donatists fell into their opinions They were deprived of them by the Emperours because of their heresie They were bestowed upon the Orthodox as Gregory saith in the same place See how the Prince and not the Church doth alwaies dispose of their goods See how Saint Austine and all the Popes with him confesse that it belongs to the Emperour to dispose of them and not to the Church For even that reason which he renders is generall It agrees as well to the Church and Clergie as to any others Besides those which made the collections of ancient Canons as Anselme Ivo and Hildebert have inserted the word Church in that place and Gratian after them as Gregory confesseth which the former Popes did authorize The Emperour Constantine cals those of the Novatians Churches and will have them preserv'd unto them The Emperours Gratian Valentinian and Theodosius call those of other Heretiques Churches and cast them out of them that they may place orthodox Christians in them Arcadius and Honorius made a like constitution Ivo Bishop of Chartres proves it in his Epistles For as much saith he as the guidance and government of temporall things is given unto Kings and that they are called Basilei that is the Basis and foundation of the people if at any time they abuse their power which is given themâ— they must not be too much exasperated by us onely when thâ—y refuse to obey our admonitions they must be let alone to the judgement of God The Councell of Trent doth not use them so but not content with delivering their bodies up to Satan as farre as lies in their power it confiscates their goods and deprives them of their inheritance 3 Pope Nicholas howbeit in his Epistle sent to the Emperour Michel he breathe nothing but winde and smoke having made a division with the
Christians as are subject to them The same author in another passage We must not be ignorant saith he that the humane law-giver or he which rules by his authority may lawfully impose any taskes and collections upon the temporals of Ecclesiasticall men principally upon their lands and immoveables which we call benefices c. Saint Ambrose in one of his Epistles saith If the Emperour demand his tribute we doe not deny him it The revenues of the Church pay tribute Hugo de Sancto Victore speakes expresly of it in his tract of the Sacraments Let the Church know saith he that such possessions cannot be so farre alienated from the Royall power as that if reason and necessity do require it the same power needs not protect them or that those possessions should not relieve him in time of necessity Marsilius againe in another place But if the supreme Law-givers or Commanders stand in need of these temporals they may in case of necessity make use of all that remaines over and above what is bestowed in the maintenance of the Ministers of the Church and of the poore and may by their own authoritie lawfully seise upon it according to the divine law notwithstanding any contradiction of the Priests Ministers and that not onely the tenths but even the fourths and thirds c. AEneas Sylvius in his fift booke Of the beginning and authoritie of the Empire saith That the possessions of the Church owe tribute to the Empire Which he proves by the testimonie of Saint Ambrose and many others out of holy Writ Chassaneus who was President of the Parliament of Aix in Provence saith That Prelates are subject to Kings for their temporall meanes though they be not feodall that they are bound to obey their Ordinances and Constitutions for as much as concernes the said goods that such temporall meanes of Clergy men even those which are infeodated are lyable to the payment of new tasks in case Kings should have a minde to impose any for the defence of their kingdomes 11 But for this matter we need not seeke any other testimonies than those which are extant in the Popes owne bookes That place of Saint Ambrose which was formerly quoted hath beene canoniz'd in Gratians Decree If the Emperour demand tribute we doe not deny him it The revenues of the Church pay tribute If the Emperour desire to have the meanes he hath power to take them to himselfe In another Canon it is said It is a great and spirituall lesson by which we learne that Christians are subject to secular powers for feare lest any body should thinke that the Ordinance of an earthly King may be violated For if the Sonne of God payed tribute who art thou that art so great as to think thy selfe exempted One Pope Vrban said That the tribute was found in the fishes mouth as Peter was a fishing because the Church payes tribute of things externall which lye open to every mans view 12 It is true that Gratian after he hath set downe these Canons plants others by way of battery against them to beat them downe such as are approved by Popes in such sort that they pronounce themselves exempt from all subsidies and tributes and also all others of their order Clergy men have exemptions indeed and those very faire ones both for their persons and their goods they have priviledges which are both honourable and profitable I confesse they have But they are very ingratefull if they doe not therein acknowledge the liberalitie of Kings and Emperours These are the markes of their bountie 13 It cannot bee inferred from all this tho that there is any release from the power and soveraigntie which belongs unto them nor from those dues which they were wont to receive save onely so farre as they are pleased to remit them The Emperour Constantius does ordaine that the Clerkes of the Provinces shall pay the charges due to the Exchequer for their possessions The Emperours Honorius and Theodosius grant an immunitie to Churches from sordid payments but not from others and they reserve to themselves the power of laying impositions upon them in case of necessitie The same Emperours declare in another place that they doe not exempt them from such taxes as shall be assessed for the repairing of bridges and high waies Constantius and Constans had formerly granted the same immunitie to Ecclesiasticall persons their wives and children to wit from forbid payments but not from others The Emperours Theodosius and Valentinian declare the vassals and tenants of the Church lyable to the same services that others are They declare likewise that the possessions of the Church must pay tribute These are the same Emperours that prohibited the alienation of Ecclesiasticall goods that gave Councels power to receive revenues by legacie from dying men 14 If these were anciently the Imperiall rights it would be known at what game they were lost The Popes have made lawes for the confirming yea enlarging of these immunities Councels have likewise interposed themselves in the same businesse both they and these in such sort as they have forgot their benefactors and not remembring that these exemptions are the courtesies of these very Kings and Emperours whom they forbid to lay any imposition uppon such goods without their leave Yet our Kings of France are alwaies excepted by the testimonie of our Doctours who thinke that to bee his speciall priviledge which is indeed the common right of all Princes Though in very deed it is made speciall by reason of the usurpation of Popes who have got their ends in others the French onely excepted And yet they are not out of hopes of them too For amongst their Decretals there is one of Alexander the fourth which expresly forbids the French To impose any taxes collections or exactions upon Churches or Ecclesiasticall persons or to require them of them for their houses lands or other possessions whatsoever heretofore got or purchased or hereafter to bee got or purchased by the said Churches or persons Ecclesiasticall This Decretall together with all the rest is approved by this Councell of Trent yea which is worth the observing Gregory the thirteenth in his late censure of the Canon Law hath made this addition to the said Decretall Looke saith he the Councell of Trent at the twentieth chapter of the twenty fift Session where the priviledges and immunities of Churches and Eclesiasticall persons are renewed and confirmed So that we must talke no more of this priviledge hereafter if our Councell be received And that no man make any further doubt hereof let us heare how this and that other Gregory the fourteenth would make men beleeve it in their Buls De coena Domini given forth by them afterwards to be thundered out in this kingdome We excommunicate and anathematize those which impose any collections tenths taxes payments or other charges upon Clerks Prelates or other Ecclesiasticall persons or upon the goods of
or profitable to desire primacy in the Church For what wise man is there that with his good wil would submit himself to such a servitude and undergoe such a danger as to bee bound to give account for all the Church unlesse perhaps some that is not afraid of Gods judgement abusing his Ecclesiasticall primacy in a worldly way by converting it into a secular power And what is this else but turning the Ecclesiasticall dignity into a secular to dispute so much about honour and place not against other Ecclesiastiques which were more tolerable but against the Princes of the earth the respect and observance of whom was so much recommended unto them to declare them their inferiours their subjects their vassals perverting all order both divine and humane Where is there any earthly Prince or Monarch that ever made such a goodly shew and boast of their greatnesses and preheminences as the Popes have done For what wee say here is nothing in comparison of what we have delivered in the second Booke 11 Pope Leo the first in an epistle of his to the Emperour Martian writes to him in another manner style than would bee used at this day Forasmuch saith he as your pietie and most religious pleasure ought in all things to bee obeyed I have willingly contributed my opinion and advice to the Synodicall Constitutions which pleased and liked me well concerning the confirmation of the Catholique Faith and the condemnation of heretiques Your Clemency will be pleased to take order by your command that these things may come to the knowledge of the Clergie and Church Pope Gregory the Great speakes in like manner to the Emperour Maurice in one of his epistles In obedience to the commands of my Lords I have writ to my said fellow Bishop with all sweetnesse and humilitie An ancient Authour writes That when the Emperours by their Ambassadours commanded the Popes to come to Constantinople they did not faile to repaire thither although they were afraid to be sent into banishment 12 One of our French Monkes testifies that the Popes were wont to adore the Emperours and that Leo the second did so to Charles the Great Pope Leo saith he set the crowne upon his head all the people of Rome shouting out Life and victory to Charles Augustus crowned by God the Great and peacefull Emperour of the Romanes After which acclamations hee was adored by the same Pope after the manner of ancient Princes Francis Guicciardine relates that about the same time of the same Emperour The Popes were wont to put these words in their Buls to shew the date of them Imperante Carolo domino nostro 13 In the Acts of the Councell of Meaux holden in the yeare eight hundred fortie five under Charles the younger King of France we reade this Chapter taken out of another French Councell If any man out of a swolne and contumacious spirit be so bold as against all authority and reason obstinately to contradict the Royall power which is given by God as the Apostle saith and if hee peremptorily refuse to obey his just and reasonable commands according to God and Ecclesiasticall authority and the law Civill let him be accursed The ancient Councels both Generall and particular are full of titles of honour and termes of respect and reverence towards Kings and Emperours Miserable ageâ— That we should bee now put to it to insist upon such discourses as these to keepe within compasse the ambition and vanitie of such as cannot â—ee commended but for their holy humility especially CHAP. V. The authority of Kings and Emperours for as much as concernes the Church and Clergie 1 WEE have seene already the power of Kings and Princes made nothing of and enslaved to Churchmen their honour debased their place usurped their majesty disregarded Now over and above what hath beene delivered particularly upon every point already wee must here shew that the authority and dignity which they have in the Church is but to cleare the doubt which our Canonists raise Whether the Emperour deserve to have a Subdeacons place Kings and Princes being ordained by God in such sort that all their subjects even the Ecclesiastiques themselves are bound to give honour and obedience to them have both the powers in their owne hand the Ecclesiasticall and the Civillâ— which they exercise either by themselves immediately or by those upon whom they bestow them 2 Marsilius of Padua proves it by many pertinent reasons which would be too long to produce in the fourth fift and ninth Chapters of the second part of his Defensor pacis And in another place he saith Whence it appeares to be true what we have already set downe that the coactive authority as well over Clergy men as others belongs to the humane Lawgiver or to him that rules in his behalfe And de Ferrariis the Practitioner saith Thou must know thou Ignoramus that the Empire had sometimes both the swords the temporall and the spirituall In such sort as the Emperours then bestowed all the Ecclesiasticall livings in the world and which is more did elect the Pope At this present they doe make but little use of this power which hath beene taken from them by usurpation as we have said elsewhere Yet for all that they doe not cease to have a right unto it and one day or other may recover it For in these and such like cases prescription hath no place They have such a stroke and authority in the Church that they are counted the protectors of it the patrons defendors and preservers of it not as executioners of the Ordinances and Injuctions of Priests for this is all the authoritie which our Councell and the Popes Doctors allowes them but as principall members as those who have the power in their owne hands over all things 3 Charles the sixth in an ordinance of his dated the eighteenth of February 1406 made by the Councell and assistance of the Lords and Clergy of his Realme saith That the Royall power is ordained by God for the preservation of the Church and that the kingdome of heaven increaseth by meanes of the earthly Kingdome when those which destroy the Church are crushed by the rigour of Princes That the sacred Canons will have recourse to be made unto Princes when such things are committed by great men in the Church and that according to the opinion of holy Doctours the Pope ought not to bee obeyed in such things wherein the state of the Church is notoriously disturbed And in another of the seventeenth of April 1410. These things being considered that it belongs unto us who are the Guardian Protectour and Defendour of the Churches of our Kingdome and of Dauphinie and who have ratified and approved the Statutes and Ordinances aforesaid made in the Councell aforesaid to cause all this and all that followes upon it to be observed and kept inviolable c. 4 The Parliament of Paris in the Remonstrance made by
the second table of the Decalogue which concernes our neighbour and not of the first also which concernes God and the Church Secular Princes have got the higher degree of power in the Church therby to fortifie Ecclesiasticall discipline that they may command with terrour what the Clergy cannot doe by their bare word and the heavenly Kingdome may bee advanced by the earthly According hereunto wee may affirme that the great schismes and divisions which have dismembred all the Church in these later daies have beene appeased and accorded especially by the authoritie of Kings and Princes 12 The Emperour Henry the third seeing the abuse which was at Rome by meanes of the creation of three Popes to wit Bennet the ninth Sylvester the third and Gregorie the sixth yea of a fourth too namely Gratian who had drawne over the rest by briberie presently made thitherwards and called a Councell and made them bee dismissed and another substituted in their stead by lawfull election Frederick the first to remove the schisme betwixt the two Popes Victor and Alexander the third By the counsell and advice of his Princes saith Radenicus resolved with himself to take care that neither the state of the Church nor the Common-wealth of the Empire should receive any damage thereby And hearing that both of them had beene elected consecrated Bishops and that the one had excommunicated the other he thought that this difference could not bee determined but by a Councell Hee therefore called one after the example of the ancient Emperors and summoned both the parties to it caused one to be condemned for not appearing to wit Alexander and the other to bee confirmed as lawfully elect As soone as the Emperor Sigismund was preferr'd to the Empire saith the German Chronicle he put on this resolution not to spare any paines for the pacifying of the Church which was then miserably rent with divers factions more like a most confused Chaos than a Congregation of faithfull men and Saints of God Hee sent certaine Ambassadours to the Popes and to the Bishops to compose the affaires of the Church and make an agreement betwixt the Popes Which hee did so well that notwithstanding the collusion which was between them and all the Legierdemaine the Councell of Constance was celebrated where all those Popes which were no lesse than three in number were deposed namely Iohn the 23 Gregory the 12 and Bennet the 13 and Martin the 5 was chosen in their place 13 The same Emperour together with other Christian Princes did oppose Eugenius the fourth about a translation of the Councell of Basil which hee would have made and they caused it to continue in such sort that hee himselfe was there deposed The Emperour Maximilian and King Lewes the twelfth proceeded to the convocation of the second Councell of Pisa to reforme such disorders as were in the Church seeing that Iulius the second made no reckoning of them The Emperour in his command saith among other things That the Pope and Cardinals not performing their dutie in this particular hee would not doe as they did for feare lest God should accuse him of negligence inasmuch â—s they behaving themselves negligently herein we saith he as Emperour Protectour and defender of the holy mother Church are bound forasmuch as lies in our power to relieve so great necessities King Lewes sent out a commandement of the like nature which beginnes thus Be it knowne unto all and every man present and to come that as our ancestours have alwaies beene not only favourers and assistants but also most vigilant champions most good and constant defenders of the Christian faith and the holy Roman Church in all matters of importance without sparing any paines or dangerâ— we following the steps of our predecessours considering what great profit generall Councels have brought to the Christian Common-wealth and what damage the Church Catholique hath received by the intermission of them and the grâ—at necessitie which there is at this present to assemble a Councel of the Church Catholique for the rooting out of heresies schismes and factions in divers parts of the world for the reformation of manners in the Church and punishment of crimes which are too notorious too lasting and incorrigible both in the head and members to establish the peace of Christians to discharge our selves of our dutie towards God Wee have deputed our well-beloved and trustie Mr. Iohn de Biragua Chancellour of our Exchequer for the Dutchie of Millain Balthasar Plat another of the Proctourâ— of our Exchequer to signifie and assemble a generall Councell in our name or together with our welbeloved brother Maximilian the most sacrâ—d Emperour c. 14 This is not the first time that our Kings have travailed aboâ—t the Convocation of Generall Councels Charles the sixth bestirr'd himselfe to remove the schisme which was betwixt Bennet the thirteenth and Boniface the ninth and to dispose all the Princes of Christendome for the same designe according to the testimonie of an English Historian Hee heard with patience saith he the Legats of either Pope but by the advice of his devines hee would not submit himselfe neither to the one nor the other Hee rather thought upon a meanes whereby hee might relieve the Church by removing out of her all matter of dissention Having therefore sent his Ambassadours to the Emperour whose authoritie faith and affection ought to surpasâ—e that of other men as also to the Kings of England Bohemia and Hungaria he conjured them not to bee wanting to the publique good and tranquillitie All men of any judgement doe well know that the peace of the Church must come out of this quarter This may bee done when it shall please the divine bountie to touch the heart of our Soveraigne Prince who hath greater meanes than any other to acquire this honour God hath made him peaceable that so he may procure this good to Christendome O great Prince hearken to the complaints which your Vniversitie of Paris addressed to King Charles the sixth one of your Predecessours and apply them to your selfe 15 Indeavour for this peace and for the safetie of your foster mother the Church and imploy to that end most Christian Prince all your strength as you have begunne to doe cure this maladie looke upon her which is desolate have pitie upon her which is oppressed relieve her which is undeservedly dejected stretch forth your helping hand to her which is extreamelie weake and which is not able to rise out of her bed Doe not deferre any longer to hear her which implores your aid with continual sighs and plaints and groanes Preferre this before all care of temporall things how profitable and usefull soever they bee This onely businesse ought to bee preferr'd before all others inasmuch as all others will have a more happie successe by reason of this and the honour of your Kingdome which you have got by your ancestours shall bee preserved unto you and to
this Realme O that you would remember that you alone doe not beare the title of most Christian in vaine but because that your ancestours did ever succour the Church in all her necessities above all others Loose not this priviledge this so noble and magnificent title Doe not suffer any man to take this honour from you Doe not suffer your selfe to bee outvied in it Defend your right your name your honor let the hopes of al Catholiques and your brethren in Christ move you which in this matter depends totally upon your person for both all Catholique Princes and all others doe waite upon your hand in this affaire as upon him to whom it does belong most of right of custome of power and other respects Let the renowned and immortall praise of the thing it selfe move you to erect a perpetuall monument of your name in the hearts and mouths of all men 16 A German Devine Provost of the Church of Worms made a petition and exhortation almost like the former which hee exhibited to one of our Kings whether it was to the former or no I know not but at least thus much wee know hee was of the same name For in an Epistle which bears this inscription in the front De Schismate epistola Conradi ad Regem Carolum ad faciendam Synodum towards the end thereof he bespeaks him in these words Now I will addresse the last part of my rude language to you most devout and most Christian King of France Being such and so great as you are set your minde O Prince upon such things as belong to Princes so shall you bee above the Heads What will you thinke upon then surely upon this that peace may bee made by your Prowesse You thinke upon this that you are a King thinke also that if you would reigâ—e long in happinesse it is written of you The King which sits upon the seat of justice â—â—th disperse all evill Let no man seduce you by vaine words Honour and fulfill your ministerie But how Certes that such as are farre off and such as are neare may both have peace by your meanes that the rents of holy mother Church may be sowed up by you I say the coÌ„mon mother both of you and us who hath fed you with her brests from whose mouth you have received the honey of regeneration and the milke of Christian doctrine a streame of bloud springing from the side of her spouse who was stretched out for you upon the tree of the crosse hath adorned your cheeks And therefore her cause is yours her wrong is your wrong Arise O Prince arise up against it build a wall for the house of Israel and fight And afterwards hee addes Above all things you must strive for this O glorious King and long after it with all your heart and labour for it with all your might that there may bee a Generall Councell called at which without the effusion of bloud by the grace of God all things may be reduced to peace and concord 17 Now this Prince whether it was Charles the sixt or the seventh for it must be one of the two put his hand to the reformation of the Church prettie handsomly For under the first there was a kinde of neutralitie made in such sort that there was no acknowledging of Popes in France there were also many goodly Ordinances set out against the abuses of Popes and of the Court of Rome the Councell of Constance was held also under him where the power of the Pope which was formerly without either beginning or end as they use to say was confined within certaine boundâ— and limits To which Councell he did contribute his Ambassadors and many learned Devines among the rest the great Cardinall of Cambray Mr. Iohn Gerson as also the Vniversitie of Paris which had no meane authoritie there as we collect from the Acts themselves Vnder the other were holden the Councels of Pavie Siena and that famous one of Basil which made some strong assaults to moderate that unbridled power of Popes The Pragmatique Sanction was then also set out in this Kingdome the most usefull and most commendable Ordinance that ever was made in France which hath beene since the butt against which the moderne Popes have levell'd all their curses having lopt it so neare that there remaines nothing but the trunke which they never yet knew how to reverse namely that Decree which containes the authoritie of a Councell above the Pope and another concerning Annats 18 The Emperour Charles the fifth and Charles the ninth King of France have sufficiently shewed what power they had in the Church considering that during the time of the Councell of Trent they endeavoured to compose the differences which were in their Empire and Kingdomes concerning point of Religion They made things be disputed in divers Imperiall Diets and at the conference of Poissy They made Ecclesiasticall lawes as namely that of the Interim for Germanie the Ordinances of Orleans and Moulins for France where there are good rules for Church discipline And the late King Henry the third did more yet in establishing Edicts which derogate from the Decrees of the Councell it selfe CHAP. VI. That Emperours and Kings have in all ages made some Lawes concerning Ecclesiasticall politie and discipline and that they had power so to doe 1 HEE should shew himselfe a meere ignorant in law that would deny that Christian Kings and Emperours have at all times made lawes for the politie government and discipline Ecclesiasticall For proofe whereof he need but reade the sixteenth booke of the Code of Theodosius the first of Iustinians the novell Constitutions of Theodosiâ—â— Valentinian and other Emperors which are put after the same Code of Theodosius those of Iustinian and his Edicts those of Leo and the other Emperours which ruled the Empire after Iustinian some whereof are added in the late impressions of the body of the Civill Law and other some are to be found in the Ius orientale de Benefidius and in the booke intitled Ius Graeco-Romanum As also the Capitulary of Charles the Great with divers other Ordinances of our Kings of France made about this particular which may bee read in the Collections of them From which it will appeare that there is no part of Ecclesiasticall discipline which hath not beene managed regulated reform'd and purged by them as need required 2 Well fare Doctor Espenseus who when he is speaking of this Royall power and shaping an answer even to those that doe Princes so much honour as to make them meere executioners of the Decrees of Clergie men not having any authoritie to enter into the cognizance of the cause If Princes saith he must not meddle with sacred things to what purpose are there so many lawes and Imperiall Constitutions about Ecclesiasticall matters in the Code the Novels and the Authentiques Why so many Royall Edicts and Decrees of Senates extant in the Annals of all Christians
in any sort meddle with any thing that concernes the Church save only so farre forth as they are commanded by them Pope Paul the third serves himselfe of this instance against the Emperour Charles the fift being vexed at some Decrees which were maâ—e concerning Protestants at the Imperiall Diet of Spire ann 1544. Vzziah saith hee was an excellent King and yet for all that became a leper God so punishing his presumption because hee would have burnt incense upon the Altar It is a worke well pleasing to God to have a care of his Churches but that is the Priests office not yours but it belongs especicially to mee to whom God hath given the power of binding and loosing The Kings of these daies must â—ot meddle with the administration of the Sacraments the performing of Ceremonies the preaching of the word nor other such Ecclesiasticall offices But for the ordaining and making of Ceremonies for the reformation of abuses the extirpation of schismes and heresies the politie of the Church and such like things they both may and must look to them and have alwaies done so either by having a hand in them themselves or commanding them to bee done or by confirming the lawes and statutes and ordinances concerning them 8 Wee will here observe by the way that the Emperour the Kings of England and France have a more particular right and priviledge in the Church than others by reason of their Vnction at least if wee take Balsamon the Patriarch of Antioch his words for it who commenting upon the 69 Chapter of the Councell in Trullo saith The Orthodox Emperours that promote the Patriarchs with invocation of the blessed Trinitie and are the anointed of the Lord goe in to the blessed altar when they please and offer incense and imprint the character with a triple wax aswel as Prelates doe yea they teach the people to instruct them And he afterwards adds Forasmuch as hee that is now Emperour is also the Lords anoynted by reason of the Chrisme that is of the unction of the Kingdome and that Christ our God is reckoned for a Priest aswell as others hee is also justly endowed with priestly graces Some are of opinion thâ—t this is the reason that our King of France receives the holy communion under both kinds that hee is served by those Clergy men which are most eminent in dignitie as the Archbishop Cardinals as when the kisse of peace is to bee given in the Church they must bring it him or for saying grace at his table and such like â—ut let us hold on our former course 9 One of the greatest arguments wee have to justifie this power is that Councels themselves have confessed it and have recommended such constitutions to our observation The sixt Generall Synod called in Trullo declares That they obseâ—ve the Canon which was made by their predecessours which sayes thus If any citie by the Emperours power have beene made anew or hereafter shall bee made let the order of things Ecclesiasticall conforme unto the order of Civill and Politique affaires Where Balsamon the Patriarch makes this exposition This present Canon doth ordaine that such cities as are preferr'd by the Imperiall power or hereafter shall bee preferred be honoured by the Churches in such sort as the Emperours commanâ— shall prescribe That is bee accounted Episcopall or Metropolitan Sees For it is fitting the Ecclesiasticall order follow the Civill command We say likewise that by this present Canon the Emperour hath power to erect new Bishopriques and preferre others to the dignitie of Metropolitans and set a forme for the election to them and other administration of them so as hee shall thinke good According hereunto the Primacy of the Church was conferr'd upon Boniface the fourth by the Emperour Phocas He obtained of the Emperour Phocas saith Martinus Polonus that the Church of the Apostle Saint Peter should be the head of all Churches because that of Constantinople did pretend to be the chiefe 10 The Popes have beene so well pleased to receive this Primacy at the hands of Princes that they have even made Constantine the Great speak of it in the fabulous instrument of his donation And giving over that they bragge That the Church of Rome erects Patriarchships Primacies of Metropolitans Bishops Seates and the dignities of all orders of Churches For these are Pope Nicholas the second his own words in his Epistle which he writ to the Milanois which is recorded in the great Decree Which the later Popes kâ—ew well how to practise insomuch that Pope Iohn the twenty second made horrible alterations in our France within a litle time For he erected the Church of Tholouse to an Archbishoprique divided the Diocese of Tholouse into six Bishopriques the Bishops whereof should bee Suffragans to the Archbishop of Tholouse and turned six Villages into Cities to wit Montauban Rieux Lombez Abbey St. Papoul Lavaur and Mirepoix lodging the Bishops in them and erecting the Episcopall Seats there assigning to every oâ—e his proper Diocese He created two Bishopriques within the Archbishoprique of Narbon the first at Limoux whose seat hee translated to Alet not â—â—ng after the second in the Abbey of Saint Pons setting out their Dioceses Hee divided also the Bishoprique of Alby into two and created one at Castres Hee erected divers others besides which are reckoned up in particular â—y the authour of the continuation to Martinus Polonus from whence I borrowed the former passage verbatim But let us returne to our former discourse 11 A certaine Councell of Paris holden under Lewes the Gentle saith that the Church approves and observes a constitution made by the Emperour Iustinian concerning excommunication As concerning unlawfull excoâ—munication saith it the law of the Catholique Emperour Iustinian which the Catholique Church doth observe and approve hath ordained that no Priest shall excommunicate any man till such time as the cause be proved for which the Ecclesiasticall Canons doe command it to bee inflicted This very constitution on Iustinian hath beene followed and allowed by our Popes as they themselves doe testifie in their Books and the addition made unto it by the Glosse is remarkable So for a long time about eight hundred yeares the Emperours made laws concerning Ecclesiasticall persons and affaires and the Church obeyed them This Glosse was afterwards put out because it told too much 12 At the Councell of Meaux held in the yeare 945 it is said That the Capitulary lawes concerning the Church which were made and set out by the great Emperour Charlâ—maine and by the Emperour Lewes be strictly observed as 't is knowne that lawes should bee observed The same Councell intreats King Charles the younger To grant the Bishops a freer libertie for the execution of their ministeries in their Parishes The same Charles the Great had ordained in his Capitulary That to every Church there should bee given onely one entire Manour without any other
one or other to have two Councels holden at the same time one at Seleucia for the Eastern Churches and another at Ariminum for the Westerne which was accordingly put in execution 2 The same Emperour notwithstanding would have left it to the choice of the Bishops to appoint the place where it should bee held after that misfortune which befell at Nice but when they could not agree about it hee resolved upon that course which wee have already spoken of And to see that the nomination of the place belongs not to the Pope wee need no more but read Pope Leo's Epistles wherein he makes earnest suit to the Emperour Theodosius that the Generall Councell which hee entreated for might be appointed in some citie of Italy The like he did to the Emperour Valentinian and to the two Empresses Pulcheria and Eudoxia who all interceded for him to the Emperour Theodosius both for the calling of a Councel and the having of it in some citie of Italy but he would never heaâ—ken unto it and howbeit that after his decease the Pope made the like instance to the Emperours Valentinian and Martian yet hee could not prevaile to have it in Italy but it was first called to Nice and afterwards to Chalcedon 3 And as for our Realme of France when it is said in the Acts of the Councels holden there Wee are met together in the Citie of Orleans by the commandement of the King as they speake in the second of Orleans or The King having assembled the Clergy in the citie of Orleans as they in the fifth of Orleans say and so of the rest it must necessarily be inferred that the designation of the place was our Princes doing But the second Councell of Mascon puts it out of all doubt which might bee raised for having decreed to hold Councels in France every third yeer it addesâ— And this to bee done with the good will of the Prince who shall appoint a convenient place in the midst of the Countrey for the holding of it 4 As for the time without doubt the designing and prescribing of it belongs unto them likewise This is collected from a place of Nicephorus formerly cited where hee saith that the Emperour Theodosius when he had called the Councell in the citie of Ephesus against the day of Pentecost Declared by his letters that hee would not hold him excused that should not appear there at the day appointed Theodosius and Valentinian appointed that the first Councell of Ephesus should bee at Pentecost The second of Ephesus upon the first of August The Bishop of Chartres in a letter of his to Pope Vrban the second speaks in this wise of a Councell of Troye held under Philip the first King of France By command from the King the Archbishops of Rhemes Sens and Tours have warned their suffragan Bishops to appear at Troye after your answer shall come the first sunday after All-Saints day 5 King Charles the 9 by his letters patents of the 10 of September 1560 commanded in like manner the Prelates of his Realme to repaire towards Paris about the beginning of Ianuary so as they might be all there upon the 20 of that moneth To meet and conferre together in the said citie or some other place neare adjoyning thereunto such as shall bee appointed for them This was for the conference which was at Poissy It vexeth us to insist upon things which are so evident Let those that deny them beare the blame of it CHAP. IX That it belongs to the Emperour and Kings to adjourne or prorogue Councels and not to the Pope 1 IT is certaine that to whom the convocation belongs to him belongs also the prorogation translation or dissolution of Councels Yet howsoever it is expedient to make it appeare by some examples that this belongs of right to the Emperour and Kings Pope Leo having obtained by his instances that a Councell should be called not in Italy as hee desired but in the East he afterwards besought the Emperours Valentinian and Martian to put it off for a time but hee could not entreat so much Wee will set downe what hee saith himselfe about that matter Wee well hoped saith hee writing to the Emperour Martian that your Clemency might have condescended so farre to our desire considering the present necessity as to deferre the Councel till a better opportunity but seeing it is your pleasure that it bee holden forthwith I have sent Paschasinus thither 2 The same Emperours having caused that Councell which Leo so desired to be assembled in the Citie of Nice they adjourned it afterwards to the City of Chalcedon That alteration was in very deed made in favour of the Pope for having earnestly entreated the Emperours that they would be pleased to honour the Councell with their presence they caused it to remove to Chalcedonâ— where they then were as appears by two severall letters written by those Emperours unto the Councell while it was yet at Nice 3 Constantine the Great had in like manner formerly transferred the Councell of Tyre unto Ierusalem After this saith Theodoret speaking of the Synod of Tyre they went to Ierusalem for the Emperour had commanded that all the Councell assembled at Tyre should bee transported thither 4 The Emperours Theodosius and Valentinian did likewise transferre one to Constantinople which was held at Ephesus This is gathered from a relation in the letters writ by the Synod of Ephesus to certain deputies whom they had sent to Constantinople before to decide a certaine case Forasmuch say those fathers as wee who were summoned to this Citie of Ephesus for the good of the Church are now by the Edict of our Kings cited over to Constantinople as you very well know The same Synod of Ephesus put this superscription to their letters written to the Emperours To the most devout Emperours Theodosius and Valentinian the Synod assembled at Ephesus according to your Edict 5 They proceeded yet further when they sent to seeke whole Synods in grosse making them come unto them out of one Province into another to give an account of their actions as the Emperour Constantine did who made that of Ierusalem come to Constantinople to justifie the deposall of Athanasius Theodosius did the like to that of Ephesus 6 Charles the fifth made the Pope know at the Councell of Trent that he was not well catechized in the Article of the Popes omnipotency nor that power of Councels which consists in the translation and removing of them insomuch that hee caused some rude protestations to bee made by his ambassadours after the translation of the Councell from Trent to Bonony both against the Pope and that Councell for hee made them tell them amongst other things That they could not remove it or alter the place but with the consent of the Emperour who hath the tutorage and protection of all Councels that they had no authority to transferre the Councell that seeing they
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
are forbidden to grant Bishopriques after Canonicall election For wee read that some Popes of good fame have become intercessours to Kings for those who had been elected unto Churches to get them to give them the Bishopriques and that others have deferred the consecration because they had not yet received the Princes consent I would have set downe the examples hereof were it not that I desire to avoid prolixitie in my letter So Pope Vrban as we understand excludes Kings only from the corporall investiture but not from the election for asmuch as they are heads of the people or of the grant although the eight Synod forbids them onely to assist at the election but not at the deliverie which whether it bee done by the hand or by seale or by word of mouth or by the rod what matters it Seeing Kings doe not pretend to conferre any thing that is spirituall in it but only to consent unto the will of those that require them or to grant unto them Ecclesiasticall possessions and other externall goods which Churches hold by the liberalitie of Kings As for the Sacrament of which he hath spoken now twice there was no question of that seeing that by former Councels the investiture was granted to Emperors and the consecration to Bishops 24 What can be alleadged more in defence of these later Councels If any man will say that the Emperour Henry was justly deprived of this right because he had violated the holy See and had put Pope Paschal in prison Wee will give two or three very pat answers to this objection One that hee did no more but repell the injury which was done unto himselfe For even in the Church and while he received the Eucharist from the Popes hands hee was like to have beene traiterously killed Heare what the German Chronicles say of it While the Emperour received the Sacrament from the Popes hands behold one of the principall of the Clergy who was offended with that purpose which the Emperour had put on that he would maintaine the constitutions of his Predecessors stirred up a sedition and tumult in the temple beat off the guard of the Emperours body and went about to seaze upon him who with much adoe saved himselfe repelling the force with his owne hands And speaking of the same Emperour hee afterwards addes Hee got him presently into the Citie killed a great multitude of citizens and Clergy-men tooke the Pope prisoner Elsewhere the Pope and Emperour were very good friends by meanes of the agreement made betwixt them of which wee have spoken already yea in such sort that the Pope sealed it by delivering the body of Christ unto the Emperour By giving unto him saith Sigebert the body and bloud of our Lord Iesus Christ in the celebration of the masse Wee give you this body said hee O Emperour in confirmation of the true peace betwixt me you And for a third answer his personal and particular fault could not prejudice the Empire and his Successours But we have said enough of this point It only remaines that some that can well manage it enter upon this inheritance There will want no right if hee want no forces CHAP. X. Of elections nominations and Investitures belonging to other Kings and Princes 1 WE come now to other Princedomes reserving France to bee spoken of in the last place The twelfth Councel of Toledo grants election of Bishops to the King of Spaine which our Popes have registred in their books It was decreed by all the Bishops of Spaine and Gallicia that without any prejudice to the priviledges of every particular Province it shall be lawful hereafter for the Bishop of Toledo to receive and consecrate all such Bishops as the Royall power shall elect and that every such Bishop shall bee approved by his judgement Which as Lancelot Conrad witnesseth is observed and kept even at this day 2 As for the Kings of England though they have often quarrelled with the Popes and the Clergy of the Kingdome about this point yet so it is that from age to age we alwaies finde them possessed of this right For to goe no higher about the yeare one thousand King Etheldred created one Robert Aâ—chbiâ—shop of London and one Edmund Bishop of Luiddifarne otherwise called Holyland at the entreaty of the Monks of that Bishoprique King Edward made one Robert first Bishop of London c. and afterwards Archbishop of Canterbury whose successour he made one William He gave also the Bishoprique of Shyrburne to one Herman In the year one thousand one hundundred seventie King William the first of that name bestowed the Archbishoprique of Yorke upon a Canon called Thomas In the yeare one thousand seventie eight hee bestowed three Bishopriques upon three of his Chaplaines and many others upon divers Ecclesiastiques 3 In the year one thousand ninety two King William the second bestowed the Bishoprique of Lincolne upon Robert Blunt his Chancelour he bestowed also that of Worcester upon a Canon called Sampson One of the two bestowed also the Bishoprique of Silchester upon Lanfranke 4 The yeare one thousand one hundred and one King Henrie the first bestowed the Bishoprique of Hereford upon Kemelin and gave him the investiture of it The same King gave the bishoprique of Winchester to a Canon called Thuilphus and afterwards to the Chaplaine of Queene Adalida 5 The yeare one thousand one hundred and two Anselme Archbishop of Canterburie would have made the Councell of Lateran to bee received in England holden against Henrie the fifth about the point of Investitures And in obedience thereto he made a difficultie of consecrating certaine Bishops who had beene invested by Henrie the first who was much incensed against him upon that occasion And forasmuch saith Matthew Westminster as hee would not consecrate certaine Bishops who had been instituted by the King obeying his pleasure nor so much as communicate with them the King was thereupon moved with choler against him 6 The yeare one thousand one hundred and seven there was a Councell holden at London where it was ordained That from thence forward no man should be invested in England by the King or any other Lay man into any Bishoprique or Abbey by the donation of the Pastorall staffe or ring alwayes reserving the homage due to the King But Henrie the first did not forbeare to use his right for all that which this Councell could not take from him And indeed in the yeare one thousand one hundred and nine he erected the Abbey of Ely into an Episcopall See and caused one Herveus to be ordained over it and having assembled divers Bishops at London in the same yeare hee made them consecrate one Thomas who had beene chosen Bishop of Yorke In the yeare one thousand one hundred and thirteen The same King Henry bestowed the Archbishoprique of Canterburie upon Richard Bishop of London and invested him in it by giving him the crosier