unto them which he and his predecessours had a long time long'd for If when the Generall Councell is assembled saith the 21 Canon there be any controversieâ— or complaint against the holy Church of Romeâ— enquiry ought to be made upoâ— the question proposed with convenient reverence and respect and to admit of satisfaction and to proceed or cause to be proceeded therein yet not andaciously to passe sentence against the supreme Bishops of old Rome Whence we collect thâ—t it was the intention of the Councel that processe should be made against the Bishop of Romeâ— with all honour and reverence indeed then when he was accused in some sort yet still that processe should goe on against him 10 The Councell held formerly by Photius Patriarch of Constantinople had condemned Pope Nicholas This anathematizeth Photius not because he venter'd to proceed to that reformation as some would make us beleeve but because he had laid a false accusation against him and for certaine other causes as the sixt Canon declares Wee anathematize Photius for his intrusion into the Church of Constantinople for his subornation of false vicars for his adventuring to hold a Councell of vanitie and for the crimes which hee falsly objected against Pope Nicholas 11 The Generall Councel of Chalcedon was Iudge in Pope Leo the first his cause against the Patriarch of Constantinople touching point of honour which was thus The Councel of Nice had tacitly assigned the first place of honour to the Patriarch of Rome the second to him of Alexandria the third to him of Antioch and the fourth to him of Ierusalem and because that Constantinople was then scarce borne there was no talk of it but at the second Councel of Constantinople the question was canvassed where it was â—etermined that the Bishop of that Citie should be honoured as the next Primat to the Bishop of Romeâ— because it was new Rome The Pope complaineâ— of this Decree to the Councel of Ephesus pretending that the Councel of Nice was disparaged the other on the contrary stood for the Dâ—cree of the Councel of Constantinople the Councel gave sentence that what had been there determined concerning this point should stand The reverend Bishops said This sentence is just Wee all say so It pleaseth us all likewise The Decree is just See here how they pronounced against the Pope whose Legats the next day desired the retractation of that Decree or at least that their protestation might be registred and that they might know what to informe the Pope of to the end say they that hee might passe his sentence upon the injury done to his See or of the subversion of the Canons Hereupon the Iudges pronounced Our interlocution was approved by all the Synod 12 Pope Leo was much displeased with this sentence which hee did not dissemble in his letters written to the Emperour Martian Pulcheria the Empresse the Patriarches of Constantinople and Antioch and others Yet for all that he durst not withstand the Councels resolution nor proceed any further than only to complaine against it Howbeit speaking to the two last who were interested in the cause as well as himself hee tels them that hee will not consent to that sentence Hee had reason for his consent to it waâ— never demanded But hee never complaines of the Councel for confirming the definition and rule of faith which hee sent thither but bragges of it in his letter to Theodoret Bishop of Cyprus which notwithstanding was strictly examined in this Councell which gave every man leave to impugne it If it bee not say they consonant to holy Scripture let any man disprove it As also they reprove yet very nimblely and by way of exposition that saying of his That it belonged to none to expound matters of faith saving the Fathers of the Nicene Councell and they shew how it belongs to others also not so as to derogate from ought that had beene there determined but to explaine the controversies which arise about it 13 Bellarmine seeing that this is prejudiciall to the Soveraignety of his Patriarch saith that Leo's epistle did not containe any definitive sentence but only his advice and wee on the contrary affirme it was his determination and resolution Let us hear what he him selfe saith of it What God had first determined by our ministery he hath now confirmed by the irretractable consent of all our brethren And for the last course if it may be said this Leo was one of the most ambitious Bishops that ever wore Mitre Hee that shall peruse his epistles without passion will ever passe this judgement upon him 14 The Emperour Constantius having banished Liberius another whose name was Felix was elected in his stead The Emperour having recalled Liberius some time after the Councel which was then at Sirmium a citie in Hungary writ to Felix and the Clergy of Rome to receive him in such sort as both of them might continue Popes and might execute that function with one common consent Which was done accordingly Bellarmine answers two things First that the Councel doth not command so but only send some exhortatory letters But this is but a shift for Sozomen saith the Councell ordained so Next that this Councel was composed of Arrians for the most part This consideration were to the purpose if the question were about their doctrines but here the controversie is about a thing which was never in dispute with them And besides both the Popes were Orthodox But bee that as it will be we collect from hence all that we desire namely that the Councell passed sentence in the Popes case 17 Pope Miltiades was by the Emperour made Iudge betweene the Catholiques and the Donatists and after him the Bishop of Arles as St. Austin testifies at which judgement the Donatists being displeased St. Austin adds But suppose the Bishops which judged at Rome did not judge aright recourse may yet be had to a Councel of the Church Catholique where both the cause and the Iudges themselves may yet bee tryed that so if they bee convinced to have judged amisse their sentence may be repealed Bellarmine quits himselfe but poorely from this argument First of all he affirmes that thiâ— cause was judged againe by the Bishop of Arles not saith hee because there was any reason why it should be so but because it was the Emperours pleasure this I do not deny to be true But in the second place he saith that a cause judged by the Pope in a particular Councel may afterwards bee judged by him againe in a Generall Councel This is nothing to the purpose for St. Austine saith not that the Pope ought to assist in this Generall Councell as Iudge but only to defend his owne sentence being in danger to see it repealed if it were found to bee injust 16 Besides if the Pope hold his greatnesse only by St. Pauls sword and St. Peters keyes and if he be above all then hee
A REVIEW OF THE COVNCELL OF TRENT Wherein are contained the severall nullities of it With the many grievances and prejudices done by it to Christian Kings and Princes As also to all Catholique Churches in the World and more particularly to the GALLICANE Church First writ in French by a learned Roman-Catholique Now Translated into English by G. L. HORAT Suis ipsa Roma viribus ruit OXFORD Printed by WILLIAM TURNER Printer to the famous Vniversitie for VV.T. Edw Forrest and VVill VVâ—b Anno Domini MDCXXXVIII To the Right VVorshipfull CHRISTOPHER POTTER Doctour in Divinity the Reverend Deane of Worcester and worthie Provost of Queenes Colledge in Oxford SIR THe double title which you may justly chalenge both in the Authour and Translatour of this work hath made this dedication a matter of necessity not election For the former I dare not seem to instruct that knowledge to which I confesse I owe mine But for the later I beseech you give me leave to tell you in publique what I have never blushed to professe in private of that deep interest which your early favours have purchased in all that I call mine except my faults such and so many as would have left me highly inexcusable if I should have entertain'd a thought of offering these my first fruits in this kinde upon any other altar than this For as touching my knowledge if it be any in the tongues the common influence of your example and your benigner aspect upon my meane endeavours made me first able to doâ— something and the desire of obeying your pleasure willing to doe this I am bold to call it a worke of obedience as being first occasioned by some speeches which however they proceeded from you were received by me in the nature of a command your wish in generall that such a thing were done my obligations made me construe to an injunction of doing it This puâ— me first upon it and the â—everent opinion of your judgement of the worke with the grounded confidence of your future approbation of my pains sweetned that into a recreation which had otherwise beene a punishment I will not here indulge so much to my just ambition of proclaiming your virtues as to insist upon each particular onely I shall begge leave to bee the weaker echo of the publique voice of that body over which it hath pleased God to make you the worthie Head and my selfe by your meanes an inferiour member To say That we largely enjoy in you what wee shall ever pray for in your Successours that your place may ever have as great an ornament for the credit and as happie an instrument for the profit of our House That of those Royall favours which it pleased their Sacred Majesties to conferre upon us and ever blessed be their memorie therefore though in all humility we give Them the glory of being the Authours yet we cannot robbe your pious diligence of the praises due as to a principall procurer We detract nothing from the fountain when we commend the streams nor is a benefit lessened by being obtain'd by intercession The Majestie of Heaven does not ordinarily bestow his blessings without mediation nor does the intervening of second causes render us lesse ingag'd to the first To whom I doâ— now and shall ever send up my heartie prayers for his choicest blessings upon you and yours more particularly as your present weaknesse now requires me that Hee would be pleased to grant you a perfect health and constitution of body answerable to that of your minde for the greater manifestation of his glorie the good of his Church the joy and comfort of you and yours in which number he desires to be reckoned who here presents himselfe his present pains to your courteous acceptation as Queenes Colledge in Oxford April 1â— 1638. Your Worships in all humble observance GERARD LANGBAINE To the Reader I Have something to informe both concerning the Author the matter and the translation of this discourse For the first that he was a French man and a Lawyer none will doubt but such as will not read and that he followed the Court and was of some eminency there is sufficiently evident from one passage of this worke But as for his religion though not absolutely certaine yet his many protestations make it more than probable he was no profess'd Protestant Hee protests frequently not to meddle with controversies of faith but points of Law and policie not to oppose the Canons but Decrees of the Councel of Trent not to wriâ—e in behalf of such as have separated from the Church of Rome Protestants but of good Catholiques hee meanes Papists And therefore I have adventured to allow him the name of Catholique with the forename Roman which they of that party will in spite of all contradiction needs pin upon their owne sleeves For I am indifferently confident that for outward communion hee was a member of that Church some of whose faults are here required to a reformation As for ought that may bee surmis'd to the contrary it will not worke much upon any that knowes the libertie of that people who were never throughly broken to the discipline of Rome I am domiti ut pareant nondum ut serviant and which hath ever bin more eminently conspicuous in those of that faculty whereof the Author is confessedly one However those many other writers which hee every where urgeth and of whose testimonies the whole work mainly consists were in their times ancient Councels and Fathers excepted all or most knowne Papists though some of them in these later daies have bin shrewdly censured for Schismaticall because not altogether so transcendently Papall Now for the furthâ—r satisfaction of my selfe and others to those ordinary interrogatories 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 it hath cost me some diligence to draw this Apelles from behind the curtaine Some of my forraigne intelligencers return'd me little but a Non liquet yet the learned Patron of the work shewed me first where it was cited by Dr. Rivet under the name of du Ranchin and I have found some succenturiating opinions since Now VVilliam Ranchin whom I conceive to be the man was in his time a Doctour of Law Counsellour to King HENRY the fourth of France sometimes Fiscal Advocat in the Court of Aids at Occa and afterwards Aâ—turney Generall in the Soveraigne Court of Aids at Montpelier one who by his workes in that kind hath deserved well of his profession Thus much of the Author As for the Work it selfe it is now almost forty yeares since it was first published the copyes are growne very rare and it may be therefore deare even in Paris whether the love of their friends or the malice of their enemies hath made them so I know not It does strongly vindicate the rights of Christian Princes and the liberties of particular Churches from the grand and yet growing usurpations of Popes and the bold attempts of pretended Generall Councels It shews the
the observation whereof was necessary for the Ecclesiasticall policy but suppressing the name of the Councell they decreed the very same things in the Parliament at Blois 1579. a plaine proofe that it was rejected by the common consent of all France Which is evidently verified by comparing the Decrees of that Councell with the Articles of this Assembly as in those places where they speake of the residence of Bishops the maintenance of Curats erection of Schooles and Schoolemasters the bringing of exempted Monasteries under the visitation of certaine congregations the age required in religious men and women before they professe the age of such as enter into holy Orders the visitation of Monasteries by Bishops the reinforcing of the cloysture of religious houses Prebends for Divines asking the banes of Matrimony before Marriage and such like Yea more in many of these points they derogate from the Decrees of the Councell and prescribe quite different from that which is there set downe The like was done before by an ordinance at Orleans set forth in the time of the Councell 1561. Whereby our Kings have showne the power they have in matters of Ecclesiasticall discipline and the sleight regard they had to that silly Conventicle 21 We will conclude then that seeing two of our Kings very zealous in their religion assisted by a Councell no way lyable to suspicion would yet never give way to this publication so often entreated desired and urged from them it must needs follow that this Councell comprehends something prejudiciall to this State considering withall that all the mitigations which are sought after now adayes were then proposed as namely that it might bee received without any prejudice to the liberties of the Gallicane Church and without ever drawing the sword against those of the Religion which are the two maine plaisters which seeme to salve up all the badnesse that is presumed to ly lurking in it It remaines now that we shew the true reasons of this refusall which we shall doe by laying downe the nullities which are both in the forme and matter of it CHAP. III. That the Pope being a party could not call the Councell nor preside in it and that there was an appeal from him 1 ANullity in the forme of this Councel is argued first from this that it was called by the Pope and that he did preside in it yea and did deferre and transferre it at his pleasure The plea hereupon is this That the Pope was a formal party that it was he was urged to a reformation and therefore it is said that he could not be judge in his owne cause and that he should have left both the one and the other to the Emperour according to the opinion of a great Doctour of the Canon law who after hee hath concluded that the calling of a Councell belongs to the Pope addes notwithstanding that in default of the Pope that right belongs to the Emperour now there can be no fairer opportunity than when the Pope is taken for a party Another Doctour saith that the defect of that power in the Church is supplyed by the Emperour And another yet that when the controversie is touching the Pope and his cause then his authority is not requisite for the calling of a Councell It is a rule of law received amongst the Canonists themselves that when the will and consent of any man is required to some act such requirall hath no place then when a point is pleaded against himselfe 2 Ludovicus Barvarus and all the States of Germany with him doe plead this nullity against the sentence and proceeding of Iohn the 22. and of his Councell The third reason saith he is because no man ought to bee judge in his owne cause and doe justice to himselfe but it is a plaine case that this said Iohn pretended to have a plenitude of power over us and our Empire even in temporall matters and did actually conspire against us and the lawes of the Empire which he attempted to usurpe and caused us to be pursued like an enemy 3 The glosse upon the Canon law saith in expresse termes that the Pope cannot bee both judge and party in any case whatsoever Hence wee collect saith it that if the Pope be at variance with any body he ought not to be judge himselfe but to chuse arbitrators Some of the Canonists have written also that when the Pope is accused of false doctrine hee hath no more power to call Councels All these reasons hold good supposing the Pope to have by right the power of calling generall Councels which yet is denyed as we shall prove more at large in another place Besides there were some appeals put up from the Pope to the Councell as is related by Sleidan in the first of his Commentaries Luther saith he being advertised by Cajetans loâ—ters that they would proceed against him at Rome he thereupon drew a neâ— appeale November the 28. and a little after being pressed and pinched with extreame necessity hee was glad to appeal from the Pope to a future Councell And also by the Archbishop of Cullen being excommunicate by Paul the third 1546 because he went about to reforme his Church contrary to the Bull set forth by Leo the tenth against Luther and his adherents appealed thereupon to the future Councell 4 Wee have discoursed in the last book saith Sleidan how the sentence of excommunication was denounced by the Pope against the Archbishop of Cullen upon the sixteenth of April who having câ—rtaine notice of it the fourth of November he put forth a book presently after wherein he gives his reasons why hee refused the Pope for his judge because hee had stood a long time accused of heresie and idolatry Wherefore hee appealed from his sentence to a lawfull Councell of Germany wherein he protested so soone as it was opened he would implead the Pope as a party and prosecute against him The Protestants as is well known did the like diverse times There was also another appeal to a future Councell put in by the Vniversity of Paris May the 27. 1517 about the repealing of the Decrees of the Councell of Basil and of the pragmatique sanction by Leo the tenth In the act of which appeal these words are inserted Wee the Rectour and the Vniversity finding our selves grieved wronged and oppressed as well for our selves as for all others subject to our Vniversity and all such as will take part with it doe appeal from our holy father the Pope ill-advisedâ— to a future Councell lawfully assembled in a safe place whither we may freely and boldly goe about the abrogation of the Councell of Basil and the pragmatick sanction lately set forth by these new decrees Notwithstanding which appeal the Pope was set over the Councell by the Fathers assembled at Trent Now it is a thing never seene nor heard of that hee
Councell it selfe which gives him this prerogative For after all the resolutions it made both about faith and discipline it addes If it so fall out that any thing herein contained stand in need of further declaration or determination besides other remedies appointed in this Councell the Holy Synod trusts that most blessed Bishop of Rome will take order that the necessities of the Provinces shall be provided for to Gods glory and the peace of the Church either by sending for such out of those Provinces especially where such difficulty shall arise as hee shall thinke fit to negotiate such a businesse or by holding a Generall Councell if hee thinke it necessary or any other more commodious way as hee thinks good 5 As for the translation of the Councell to Bonony indeed the Cardinall de Monte President for the Pope did the Councell the honour to let them consult about it the 10 of March 1547 as appeares by the 8 Session But this was after an absolute and peremptory injunction whiâ—h â—he same Pope had formerly made as appeares in his Bull set out in Marâ—h 1544. Where he speaks in this manner Of our â—wn proper motion certaine knâ—â—ledge and full power Apostolicall with advice and consent correspondent wee give you full and absolute power by authority Apostolique by the tenure of these Presents hee speaks to his Legats to transferre and remove the said Councell from Trent to some such other City as you shall thinke fit and to suppresse and dissolve it in the said City of Trent and to prohibite the Prelates and other persons of the said Councell to proceed any further at the said Trent upon paine of Ecclesiasticall censures and punishments and to cite the said Prâ—lates and other persons of the Councell unto that city whither it shall bee transferred upon paine of perjury and other punishments expressed in the letters of Convocation 6 See here good weighty words which in a most extraordinary way doe crush the authority of the Councell yea even inslave and subject it to the Pope And yet the Councell is so farre from complaining that on the contrary it professeth that it consented to this translation in consideration that it was done by the Popes command For hearke how they speake of it in the beginning of the ninth Session holden the 21 of Aprile 1548 This holy Oecumenicall Councell c. considering that upon the 11 of March this present yeere in a generall publique Session holden in the said city of Trent at the accustomed place all things requisite to bee done being first done after the usuall fashion upon some earnest urgent and lawfull reasons and by the intervening authority of the Holy Apostolique See granted in speciall manner to the said right Reverend Presidents decreed and ordained c. They expresse it as well as they can for feare least some body should bee so farre mistaken as to thinke the translation was made upon the Councels owne motion to the prejudice of the Popes authority for they would have taken that in dudgeon 7 Let us now see whether the Pope challengeth this rightâ— which is confirmed unto him by this Councell by usurpation onely or whether it doe indeed justly belong unto him If wee will take the Popes own word for it the question will bee quickly decided for they affirme that to make such a Convocation belongs to none but them Their Doctours and Disciples have so fortified this proposition that they have stopped all passages and not left so much as one hole open wherby there is any possibility of surprizing it Some few have beene so reasonable as that they have made some exceptions as in case the Pope refuse to call the Councell or in case he be an heretique or in case the question be about some fact of his owne or about his condemnation Some are of opinion that then the Emperour is to undertake it others that it belongs to the Cardinals others to the Councell But those who were more deeply ingaged or spurred on by fairer hopes and goodly benefices doe not leave ought open not one chinke yea they come so farre as to say that those Councels which were not called by the Pope are bastards illegitimate void and of no effect condemning by this opinion those foure Generall Councels which Gregory the Great did reverence as the foure Gospels besides a great many more which wâ—re either holden without the Pope or at least which were not of his calling or where he was not President 8 True it is that some others which are more subtle to wave this objection put in this alternative Or consented unto and approved by him whereby they give us to understand that without this approbation all those ancient Councels should be either hereticall or without effect alwayes putting the Popes authority above a Councels I know very well that all learned men and truely religious soules doe abhorre this But seeing our Sophisters nowadayes doe here bring their owne dreames and fancies to make a cleare casâ— seeme doubtfull and seeing they cannot deny but the Emperours called those Councels they runne to the Popes consent or authority maintaining that it was ever interposed I shall prove the contrary by the Acts of ancient Councelsâ— by the testimonie of Histories and by the Popes owne confessions or their Decrees 9 The Councell of Nice was called by the Emperour Constantine by virtue of his Edict as is set downe in the beginning of the Acts thereof Chapter the 5â— The Emperour seeing there was some trouble in the Church called a Generall Councell exhorting by his letters all Bishops to repaire unto Nice a City of Bithynia The same is affirmed by Eusebiâ—â— Theodoret Socrates Zonaras Ruffin and many others Whence wee discover his forgery that framed the Epilogue of the second Councell of Rome In the time saith he of Pope Sylvester and Constantine the Emperour there was a great Councell holden at Nice in Bithynia where three hundred and eighteen Catholique Bishops were regularly assembled by the call and command of Pope Sylvester If this bee trueâ— the Acts of that Councell are false and so many ancient Authours all lyars which ascribe the Convocation of it to Constantine 10 And yet this goodly Epilogue is foisted in among the Councels as if it were an ancient piece whereas the authour of it is but a modern man for he hath inlarged Isidores prefaces putting in many things of his owne headâ— as in that of the Councell of Ephesus For Isidore having said simply At which Councell the most happy Cyril Bishop of Alexandria was president This fellow puts in of his owne Instead of Pope Celestine Which is detected by comparing Isidores Decree printed at Paris ann 1524 and 1537 with the collection of Generall Councels printed at Cullen ann 1537 and 1551. Bellarmine gives us ground enough to know it also inasmuch as he never maketh use of it It is true he maintaines that that Councell was called by
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
of the Churchâ— for not calling him to the Councell Forasmuch as by virtue of a law made in behalf of the dignity of Priests all Decrees are invalid which are enacted without the opinion and advise of the Pope of Rome Hence Bellarmine infers that Councels cannot bee held unlesse they bee called by the Pope and yet Pope Iulius doth not complaine that hee did not call the Councel but that it was kept and hee never called unto it Whereof hee had just occasion to complaine considering that a Councell cannot be termed Generall nor any Decrees and Canons made to binde the whole Church Catholique unlesse all those which ought to bee present especially the Patriarches bee lawfully called thereunto 5 Nor is this any speciall priviledge to the Bishop of Rome but a right common to him with all other Patriarches who ought of necessity to bee summoned to all Generall Councels And this is the reason why the second Councell of Constantinople is not accounted properly Generall because all the Patriarches were not there However saith Balsamon the Synod of Constantinople be no Generall Councell because the other Patriarches were not there yet is it greater than all other Synods and the Archbishop of that See is styled Vniversall Patriarch 6 For this cause also Nestorius when hee was summoned to appeare at the Councell of Ephesus answered that hee would so as soone as Iohn the Patriarch of Antioch was come thither for all the rest were there already to wit hee of Rome and hee of Alexandria in the person of Cyrill as also he of Ierusalem and for the other of Constantinople he was the man whose case was then in question And this was the reason why the Patriarch of Antioch was so highly offended with Cyrill who would not vouchsafe to stay for him that being come after the sentence of deposition against Nestorius hee bandyed with his owne Bishops against Cyrill and excommunicated him 7 The eighâ—h Generall Councel after the arrivall of the Patriarch of Alexandria's deputy who came somewhat tardyâ— Gave thanks to God at his comming because hee supplyed what was wanting to a Generall Councell and made it most compleat And Basil the Emperour calls those five Patriarches The five Architects of the Ecclesiasticall tabernacle Zonaras calls the same Patriarches constantly The Keyes or Princes of the Councell as when hee speakes of the Generall Councels of Ephesus the first of Constantinople and Chalcedon wee shall urge the words when wee come to speake of the presidency 8 The authour of the booke entitled Councelsâ— doth the like Nay they were not only called to Generall Councels but the custome was for honours sake to wait for them certaine daies when they did not come at the day appointed So they stayed sixteen dayes after the time was expired for the Patriarch of Antioch at the Councell of Ephesus It were good reason to give the like respect to him of Rome and so they should doe yet not so as that they should forthwith breake up the Councell or totally deferre it till his comming or pronounce all things null and invalid which were concluded upon without him It should suffice that hee was duely summoned as the rest of the Patriarches 9 Hereupon Talasius Bishop of Cesarea in Cappadocia upon a report which was current in the Councell of Ephesus that Pope Leo's Legats had beene summoned and yet disdained to appeare said Seeing so much hath been done as was decent and convenient for the Holy Councell to doe I hold it no way necessary to delay the time any longer It will bee answered that this Synod is rejected by the Pope It is true yet for all that the beginning of it was lawfull and the calling of it duely performed so that it is neither impertinencie nor contradiction to affirme That the saying of that Bishop was true and yet the Synod was rejected 10 The eight General Councel having expected the Popes Legats for certaine dayes and seeing they came not tooke this ensuing resolution Considering the deputies for the See of old Rome have beeâ—e a long time expected and that it is against all reason to wait for them any longer wee hold it an unbeseeming thing to slight and endanger the tottering Church of our Saviour Iesus Christ by such delayes 11 Wee are onely put to the pinch to finde out when this Ecclesiasticall Canon whereof we speake was made and who are the author of it Bellarmine holds it is one of the Canons of the Apostles and urgeth Pope Marcellus's authority to prove it But Marcellus onely fathers it upon the Apostles or their successors so that for all him the author might as well be a Pope as an Apostle Besides if so then wee should find it amongst the Canons of the Apostles whose greatest number is determined by the Synod at Constantinopleâ— in Trullo but to be fourscore and five howbeit others reckon fewer some fifty some sixty some seventy Bellarmine upon the testimony of Pope Iulius the first and the Councell of Alexandria saith this Canon was renewed by the Nicene Councell But we finde no such matter in the Acts and Decrees of the Councell of Nice Nor is it likely it should herein give any advantage to the Pope seeing that in the sixth and seventh Canons by limiting his power and jurisdiction it makes him equall to other Patriarchs Aâ— for the Councell Councels sometimes equivocate in their quotations It is said in the Synod of Carthage that Priests are enjoyned by the Nicene Councell to make their oblations fasting and yet Balsamon assures us that there is no such thing determined in the Councell nor indeed can we finde ought of it in the Acts which are extant among us at this day So likewise the Pope did equivocate who would have made the Councell of Carthage believe that there was a reservation in the Councell of Nice for appeals to him 12 It may bee answered that wee have not at this day all the Canons and Decrees of the Nicene Councell extant But I reply That it is not pretended that there were any more than twenty Decrees touching Ecclesiasticall Discipline Now all those wee have and the power of calling Councels which is the point in question is a matter of discipline As for those which concerne points of faith it skils not for the present whether there be more or fewer of them Yet I suspect somewhat which is not improbable namely that the confirmation of that Ecclesiasticall Canon which hee afâ—irmeth to have beene made by the Councell of Nice must bee referred to that which is ordained in the sixth Canon Where it is said That it is a plaine case that if any bee ordained Bishop without the opinion and advise of the Metropolitan hee ought not to bee acknowledged for such For this ought to bee extended to all things which are treated of by an assembly of Bishops So Balsamon expounds it who after hee had said
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
confirm'd by this Councel of Trent The words of the Decree as they are in the French translation by Gentian Hervet Canon of Rhemes are very remarkable It pleased all the fathers to make an end of this holy Councell and that his Holynesse should be desired to confirme it saving only three who said the confirmation needed not be required Wherefore wee the Legats and Presidents conclude this holy Councellâ— and desire the confirmation of it from our holy father in as earnest manner as is possible That which is spoken here of those three is razed out of all the Latine copies which were printed since It is a losse that the names of those honest men who were of that sound judgement are not knowne 2 See here a Decree which doth not a little enhanse the power of Rome The Popes heretofore cryed most stoutly that it belong'd to them to authorize and confirme Councels yet for all that no body beleeved them This Councell states the question and will not have any to make a scruple of it hereafter So that if the pope thinke good it is a thing done to his hand there needs no more talking of it As for the Emperour and Kings and Princes and all other persons whatsoever no matter for them they have no more to do but receive what shall be sent them to execute what shall bee enjoyn'd them without making any bones of it referring themselves in all things wholly to another mans trust 3 And the worst of all is that by assembling this power of confirmation the Pope pretends to bee above the Councell For amongst other arguments which the Romish Doctours use to prove the Popes power to be above the Councels this is one that hee conformes and rejects the determinations of Councels To repell this errour wee shall prove three things 1 That in the approving of Councels the Popes have no more authority than other men 2 That the approbation of them made by them in times past hath not wonne them any supreme authoritie over Councels 3 That for point of approbation Emperours and Kings had anciently more power than they 4 For proofe of the first wee say that anciently after the celebration of Councels the Synodicall fathers as also the Emperours were wont to give notice unto those that were absent and to the Provinces of such things as had bin determined in them to the end that they might conforme and give their consent unto them yet so as there can bee nothing observed which makes for the See of Rome in particular This course the Councell of Nice useth towards the Church of Alexandria and the Bishops of Egypt Lybia and Pentapolis as is apparent from that Epistle in Theodoret. Victorius testifies that the Nicene Creed was sent over all the world almost approved of all The first Councell of Ephesus writ in generall to all the Provinces and sent their Canons and Decrees unto them The Acts of the Councell it selfe doe witnesse it wherein the letters directed to them upon that occasion are inserted The Councel of Sardis did the like to the Bishops of the whole Chuâ—ch Catholique whose letters to that effect wee may read at this day The Emperours kept that authority to themselves principally of sending abroad what had beene determined in those Oecumenicall Councels to the intent that every man might become conformable thereunto The letters of Constantine the Great directed to all the Provinces of his Empire to that effect doe fully testifie as much And in stead of doing it by their owne authority the Popes will needs say they did it only as executers of their and the Councels Decrees wherein they have grossely abused those that have been too credulous towards them 5 Provinciall Councels tooke the same course of proceeding and gave notice one to another of their determinations and of the Canons and Decrees which they made to the intent that they might mutually conforme one to another So the Councel of Gangra in Cappadocia did to the Bishops of Armenia So that of Aquileia to the Bishops of the Provinces of Arlesâ—nd â—nd Narbon So that of Valentia to the rest of the Bishops of Gaul and the Clergy and people of Friuli So the third of Carthage to the Bishops of Numidia Mauritania and Tripoly Pope Syricius after he had held a Councell at Rome of eighty Bishops tooke the very same course in acquainting the Bishops of Africa with the resolutions of it as also another Councell holden at the same time at Telense formerly a citie of Italy Pope Damasus with other Bishops Synodically assembled at Rome acquaint the Bishops of Illyrium with the resolution they had taken for rejection of the Councell of Ariminum 6 On th' other side the Councell of Arles holden under Constantine the Great doth the like to Pope Sylvester But to the end that such as ascribe unto him authority over Councels may not wrest it to their advantage I will set down the very words as they are recorded at the beginning of the Councel To their holy brother Sylvester Marinus or the assembly of Bishops that was in the Citie of Arles greeting We signifie unto you of our charity what we by common counsell have decreed to the end that all men may know what they ought to observe for the future There is an ancient Chronicler that relates how when there was a Councell holden at Carthage of two hundred and sixteen Bishops the Synodicall Decrees thereof were brought to Pope Zozimus where being approved the Pelagian heresie was condemned all the world over The Pope hath not yet gained any thing by all this There is nothing for him in particular but here 's it which is presupposed namely that the authorising of the Canons and Decrees belongs unto him alone exclusively to all others Let us evidence the contrary 7 Victorinus testifies that when the determination of the Councel of Nice was sent every where it was approved of by an infinite number of Bishops The Councell of Nice was approved by the third of Carthage in the Acts whereof it is said That the confession of faith made by the Councell of Nice was rehearsed and confirmed The same was done at the second of Constantinople Afterwards they confirmed the Councell of Nice So the Acts. The first of Toledo used the like confirmation as did also the sixth of Carthage as appears by the first and seventh chapters of it Athanasius speaking of the Councell of Sardis saith These things being set downe in writing the holy Councel of Sardis sent them unto those which could not bee there present who by their suffrages also approved the Decrees of the Synod It is good reason the Pope should contribute his authority aswell as others and that he bee not in a worse state than others Pope Sylvester the first in his Synod at Rome confirmed and approved all that was decreed at the Councell of Nice Pope Hilary used the
saying If thy brother hath offended thee c. I have therefore endeavoured by meanes of those whom I sent in my behalfe with gentle words once or twice to correct the fault which is committed in the whole Church and now I write my self I have left nothing undone which I ought to doe with humility but if I bee sleighted in this my correction it remaines that I must adde the Church That is according to Bellarmines opinion It remaines that I tell it to my selfe Anâ— Pope Nicholas the first will bee in the same taking who useth the same threatning to one of our Kings namely Lotharius in case hee would not forgoe his concubine Gualdrada 6 But see here a greater mystery yet for by this reckoning wee shall finde that the Pope is greater than St. Peter Heare what the same St. Gregory saithâ— in the same epistle Peter saith hee the chiefe of the Apostles is a member of of the holy Catholique Church Paul Andrew Iohn what are they else but heads of particular persons and yet all members of the Church under one head and to binde up all in the compasse of a brief manner of expressionâ— the Saints were before the law they are under the law they are under grace too and yet all three making up the body of the Lord are made members of the Church Now say we to make our argument good But the Pope is the Church therefore he is greater than St. Peter yea than God himselfe For it is said in this passage that all these Saints which are members of the Church make up the body of the Lord. But the Pope is the head of the Churchâ— nay he is the Church it self ergo he is greater than any of the Saints yea than Christ himselfe Besides all the world is spoken of in that passage except the Pope and yet he was a Pope that spoke it But there is nothing lost by this if this exposition bee admitted Only I finde my selfe a litle troubled to make sense of those words spoken to St. Peter in the same place of St. Matthew If he will not obey the Church let him be unto thee as a heathen or publican For it should seeme by these words that the Church and St. Peter are two things But I am out for is it all one as when we speak to a King to whom we sometimes say You and sometimes Your Majesty Good God what absurdities be these what impieties what monsters in an age so enlightned so well weeded You see here the testimony of one Pope behold yet another 7 Pope Damasus making answere to the Iudges deputed by the Synod of Capua in the case of Bonosus who did him the honour to aske his advice I received your letters saith he whereby either in truth or in modesty you have beene pleased to ask our opinion But it being adjudg'd by the Councell of Capua that Bishops next adjoyning should be assigned for Iudges to Bonosus and his accusers we are of opinion that the forme of judgement cannot stand with us for if the Synod were at this day unbroken up we should haply ordaine the very same which is contained in your commission It is your part therefore who have undertaken the charge of the judgemenâ— to proceed unto it and pronounce your sentence upon all that concernes itâ— against which nothing must be attempted And anon after Wherefore it is necessary in the first place that they passe judgement of it to whom the power of judgeing is committed For us it were not sitting that we should judge as having no commission so to doe by authority from the Synod To this it is said in the Popes defence that if he would have judged of this case he might have done so That 's true he being so fairely invited to it But it must be granted too that if he had not beene intreated to it by those to whom that charge was committed by the Councel he could not have done it Now it was wisely done of him not to meddle in it being he had no commission for in case either the defendant or the plaintives should have complained to the Councell of his judgement he could not have stood to it Hee addes that hee would have beene willing to have passed his sentence of it if the Councell had beene then assembled Which must bee understood in case hee had been required or appointed by the Synod so to doe For otherwise what greater power could he have during the sitting of the Councell then afterwards To say that hee would not meddle with it for feare lest he might seeme to wrong the Councell by reason of that deputation of Iudges by it already made the wrong had beene farre greater if hee should have bearded the Councell and undertaken to doe it without being appoynted thereunto 8 Pope Symmachus who lived at that time when Odoacer was King of Rome fearing least there might be some trouble about the Election of his successour entreated Basilius the Kings Lievetenant in that City that hee would assist at the election which was the reason that hee made a Decree about it But Symmachus perceiving the displeasure which the rest of the Clergy conceived against it caused a Councell to bee assembled to consult upon the matter which declared that the writing containing that Decreeâ— was of no forceâ— adding further that although it were valid and might stand Yet it was the Popes duety to repeale and cancell it in a Synodicall assembly 9 Here are two or three things remarkable in this matter 1 One that it was a Provinciall Synod of the Bishops of Italy as appears by the subscriptions where the Pope hath the maine authority as being the head of it according to the sixt and seventh Canons of the Councell of Nice in the commentary upon which Balsamon saith it was decreed by the sixt and seventh Canons That the foure Patriarches should bee honoured according to the ancient custome to wit he of Rome Alexandria Antioch and Ierusalem For the â—atriarch of Constantinople was created by the following Councell And speaking of the three last he assignes to every one of them their severall Churches and Provinces In as much saith he as the Bishop of Rome hath also under him the Westerne Provinces 2 Another that Symmachus caused that to bee abrogated by a Councell whereof himselfe was the authour as appeares by his owne relation extant in the Acts of the Councell 3 Thirdly that the Councell saith it belonged to him to cancell that Decree not of himselfe alone but together with the body of a Councell See now what wee inferre from hence If the Pope had recourse to a Provinciall Councel for the abrogating of a Decree whereof himselfe was the authour if the Councell did abrogate it if it said that the Pope could not repeal it himselfe but together with the assembly of a Councell then it follows that the Pope hath no authority of himselfe at least not
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
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
heads and the Popes Bull represented in their hands and his armes reversed All which was done by the advice of the Princes Lords Prelates and other Ecclesiastiques of his Kingdome together with the Parliament and University of Paris as appeareth by the Acts published concerning this particular Lewes the eleventh to wave the censures of Pius the second made his Atturney generall put in an appeale from that Pope to the next Councell Lewes the twelfth had a defensive warre against Iulius the second upon this occasion He had suspended him by the Councell of Pisa whereupon hee procured a Synod of the Gallicane Church held at Tours in September 1510. to determine against him That it is lawfull for Christian Princes to defend themselves against such Popes as stirre up unjust warres against them and to substract their obedience from them The Parliaments of this Kingdome and namely that of Paris have alwaies engaged their authority for the justice of such defence either by way of humble remonstrance made to our Kings who upon the perswasion of some bad Councellors sometimes yeelded too much to the Popes impositions or else by reason of the exigency of their affaires which those cunning fowlers were ever ready to spy out soothed them up in their humour too much or else by cancelling the Popes Bulls in cases of appeales as of abuse or some other way where the Advocates and Atturneyes generall have euer had a faire occasion to shew their strength and abilities in and whence many of them have purchased eternall commendations The famous University of Paris and more especially the learned Sorbon have as it were set bounds and limits to the power of the Popes and made them know their duty they have sleighted their injust Buls and what by their consultations what by their appeales to future Councels they have preserved our liberties and priviledges entire even untill this instant I will not robbe the Clergy of France of the honour they have atchieved nor of the share which is due unto them in all these tropâ—ees What though there were some of that ranke defective in their duty to their Prince out of a timorousnesse which they might have of being disobedient to him whom they accounted their spirituall Head yet there wanted not some of them who stood in little awe of his chafings and thundering The Prelates of France in the Synod of Rhemes held under Hugh Capet made a declaration that the Popes have nothing to doe to usurpe the power and authority of Kings Arnalt Bishop of Orleans maintained in that Synod that the Popes have no power at all over the Bishops of France so as to have any cognizance of cases belonging to them and hee declamed most stoutly against the avarice and corruption of the Court of Rome Gerbert Archbishop of Rhemes and afterwards Pope of Rome in an Epistle of his writ to Seguin Archbishop of Sens saith that Rome approveth such things as are condemned and condemneth such as are approved That saith he which wee say belongs onely to God the Apostle tells us If any preach unto you any other things than those ye have received though it be an Angell from heaven let him be accursed Must all Bishops burne incense to Iupiter because Pope Marcelline did so I dare boldly say if the Bishop of Rome have offended one of his brethrenâ— and will not heare the admonitions of the Church he ought to be accounted as a Heathen and a Publican The Bishops of the Councell of Ments writ yet a little more tartly to Nicholas the first calling his fury tyrannicall his decree injust unreasonable and against the Canon lawes accusing him of rashnesse pride and cousenage and so giving him to know that he had no power over them and that he ought to acknowledge them for his brethren and fellow-Bishops Vrban the second forbade the Bishops of France to crowne Philip whom he had excommunicated but they were readier to obey their Kings commands than his prohibitions as we shall tell you anon The most of those oppositions made by our Kings whereof wee have spoken were abetted by the Prelates and other Ecclesiastiques These latter times afford us as pregnant examples as any of the precedent wherein we have seene the most learned and honourable Prelates of France banded together for the maintenance and defence of their King their rights and liberties of their Countrey and Church of France against a Gregory the fourteenth a Sixtus the fifth and such others as projected the demolition and utter ruine of this State It were too hard a taske to goe about to reckon up the words deeds and writings of the many Prelates and Churchmen of this Kingdome whereby they have many times repulsed the invasions of Rome 12 Suffice it us to say that in the greatest stormes God hath ever raised up men of courage and discretion as many yea more of that order than any other who have rung the alarum sounded the trumpet taken up armes and given our Kings to understand how farre they might exercise their power in spiritualls for the preservation of their rights and liberties 13 Nicholas the first in a Synod of his holden at Rome in the yeer 865. revoked the Decrees of the Councell of Ments pretending that it had attempted to make a divorce betwixt King Lotharius and Thiberg his wife promising withall that he should afterwards marry with Waldrada and this without the authority of the See Apostolique he also deprived of their dignities and excommunicated Theugot Archbishop of Triers and Gunther Archbishop of Cuâ—â—en and passed the same sentence of condemnation upon the rest of the Bishops of that Councell in case they did imitate and uphold the former Please you heare his owne words The sentence of deposition which we have denounced against the foresaid Theugot and Gunther and the other chapters made by us and the holy Councell shall be here inserted Yet for all these menaces they caused pretty stout letters to be writ to the Pope in the name of Theugot and Gunther whereby they shewed that they made no great reckoning of his thundering and condemnations though hee had given them a taste of a Councell We doe not receive said they that corrupt sentence which is far from any zeale of equitie injust unreasonable and against the Canon law But together with the whole assembly of our brethren we disregard and reject it as a matter unconscionable and full of wickednesse pronounced in vaine Nor will we communicate with thee who art a favourer of such as are anathematized and cast out despisers of holy Church and dost indeed hold communion with them But we content our selves with communion with the whole Church and that fraternall society which thou proudly misprizest in exalting thy selfe above it and excludest thy selfe from it making thy selfe unworthy of it by an over-haughty advancing thy selfe So that out of an inconsiderate lightnesse thou art strucke with an anathema
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
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
of the Popes of the ambiguity of them and the controversies which arise from thence he addes It is hard to finde any one though he make his title to appeare as clear as the day that goes away with a living without all dispute For then they thinke their Court to be most flowrishing and fortunate when it rings with a multitude of causes suits quarrels and wranglings with a wild and furious noise and on the other side to bee lame miserable and forsaken when it wants suits and is at quiet when the incumbents doe peaceably enjoy their right 4 Cardinall Cusan in his booke De concordia Catholica saith Wee know the great noise of suits in the Courts both Ecclesiasticall and Civill bring much hurt to the Common-wealth by reason the suits are so intricate and endlesse but especially for that causes are not ended and determined in those places where they were first conceived in their owne Countrey but are oftentimes drawne to the Court of Rome and that upon every triviall point that concernes benefices whereas none but causes of importance ought to be brought thither 5 The Parliament of Paris in the Remonstrance made to Lewes the 11 in behalfe of the liberties of the Gallicane Church and for the retaining of the Pragmatique Item in very deed if these constitutions were not there would not be a Clergy-man certaine of his estate For proofe whereof wee may remember how they of the Court of Rome have behaved themselves herein after it was repealed by the King For they not onely tooke upon them the cognizance of causes Ecclesiasticall but also of causes concerning right of inheritance yea and of causes royall the cognizance whereof belongs to the King and his Court of Parliament as hath beene seene in many particular cases where the Court sent to the King in Guien and there the King provided for them by remarkable Edicts which were registred and published in the said Court Item to prove that it is a depopulation of the Kings dominions it is certaine that before these decrees and constitutions were made by reason that reservations and donations in reversion were in force and the cases tryed in the Court of Rome the subjects of the Realme left their Countrey in great numbers some to serve Cardinals others to be officers others wanting service spent that meanes which their parents left them to to purchase some favour there and others in great abundance to vex and trouble those that stayed at home to get their benefices insomuch that what by the tediousnesse and danger of the way what by reason of the plague which is commonly at Rome the most of those that went thither dyed and those that escaped these perils so molested with citations old feeble persons residing upon their livings and such as were not able to defend themselves that by reason of these vexations they shortned their dayes and dyed sooner than they would have done by the common course of nature Item Others ambitious of preferments exhausted the purses of their parents and friends leaving them in extreme poverty and misery which was sometimes a cause of shortning their dayes and all the gaines they got was a peece of lead for gold and when they thought to be preferred by their patents in comes another with an annullation and sometimes you might find ten or twelve grantees of the same beneficeâ— and upon the controversie thence arising all enforced to trudge to Rome againe to plead the case there to the continuall vexation of the subject and the dispeopling of the Realme 6 S. Bernard also exclaimes hard against these suits arising in the Court of Rome for addressing his speech to Pope Eugenius the 3 he saith What means this I pray you to plead from morning till night or to hearken to those that plead with my consent let malice bee content to take up the day but the very nightâ— are not free there is scarse so much allowed to the necessity of nature as will suffice for the repose of this poore bodie it must rise againe for these wranglers one day begetteth suits to another and one night certifieth his malice to another 7 In another place he complaines of the great multitude of appeals which â—low to Rome from all coasts of the world How long must it be before you awake and consider such a mighty confusion and abuse of appeals They are commonly practised without either right or reason beside all order or custome without any distinction or difference of place manner time cause or person they are easily admitted and ofttimes impiously Those that would bee wicked were they not wont to be terrified with them but now they on the contrary doe affright others and especially honest men with them goodmen are appealed by knaves to hinder them from doing good and they give off for the awe which they beare to the voice of your thunder Lastly appeals are put up against Bishops that they may not dare to dissolve or forbid marriages appeals are put up against them to hinder them from punishing or curbing rapines robberies sacriledges such like crimes appeals are preferred to hinder them from putting backe or depriving unworthy and infamous persons of sacred offices and benefices Which hee afterwards proves by such examples as befell in his time which wee passe over 8 Hildebert Archbishop of Tours exhibited the like complaint to Pope Honorius the second in these words We never yet heard on this side the Alps nor found any such thing in the sacred Canons that all sorts of appeals should be received in the Church of Rome but if haply any such novelty bee crept in and it be your pleasure to admit all appeals without distinction the Papall censure will be undone by it and the power of Ecclesiasticall discipline will be trampled under foot for what royster with not appeal upon the least commination of an anathema What Clerk or Priest is there which will not defile or indeed which will not bury himselfe in his owne excrements upon confidence of his frustratory appeall by virtue whereof the Bishops cannot presently punish I say not all sorts of disobedience but not any at all The least appeals will break his staffe rebate his constancy quell his severity in putting him to silence and the malefactours to an impunity of offending 9 They not only enâ—ruate the ordinary jurisdiction of Bishops and other Ecclesiastiques by their appeals but also by other wayes without sparing of those that breathed nothing but the greatnesse of Rome as amongst others Ivo Bishop of Chartres who after hee had done much good service to the Court of Rome insomuch that he cast himselfe out of favour with his Prince and did many ill offices to France was finally compelled to make make his complaint that a cause of his depending before the Ordinary was removed to Rome by an extraordinary way And likewise that the ordinary course of justice is
and other like knackes their money for vacancies which is levied contrary to the holy Canons and Decrees and contrary to the determination of the Catholique Church and sacred Councels that what is so gotten may bee employed in purchasing of Earledomes and Lordships to bestow upon people of meane condition and to preferre them without any precedent merit without any service or use which they can doe to the Church or for the defence of the faith 18 Francis Guicciardine in the fourth booke of his history of Italy in the discourse which he makes of the Popes of Rome which hath beene expunged by some cozeners amongst other vices and abuses which he observes in the Popedome thiâ— is one An earnest and everlasting desire of preferring their children their nephewes and all the rest of their kindred and allies not onely to inestimable riches but also to Kingdomes and Empires And a little after To exalt their kindred and raiâ—e them from a private state to principalities they have of late yeeres beene the authors of warres and the firebrands of the late combustions in Italy We heard before what the same author told us of the Indulgence money of Leo the tenth how it was bestowed to the use and petty pleasures of his sister Magdalen 19 We will conclude this discourse with a passage out of the same author which will bring us upon another Their study and businesse is not onely saith he speaking of the Popes holinesse of life nor the propagation of religion and charity towards God and menâ— but armes and warres against Christians handling sacred things with bloudy thoughts and hands but an infinite desire of money new lawes new trickesâ— new inventions to â—nhanse their rents from all parts for which ends they shoot out their coelâ—â—tiall arrowes they most impudently practise a trade and traffique of all thingâ— sacred and profane whereby their riches being augmented to an excessive greatnesse and scattered over all their Court have brought forth pride luxury debauched manners and most abominable pleasures See here the saying of a ringleader and conducter of the Popes army of one who was Leo the tenths favourite 20 Let us paâ—se a while upon this luxury which he speaks of and set down the complaint which divers others have made against it First that which S. Bernard saith to Eugenius the 3 I doe not spare you here saith hee that God may spare you hereafter shew your selfe a sheepheard towards this people or else confesse that you are not so you will not deny that you are leasâ— you should deny your selfe to be his successour in whose See you sit that Peter who for ought that wee know never went adorned with precious stones attired in silks and cloathed in gold mounted upon a white palfrey surrounded with a guard attended with a great many Lackeys and yet for all he had the power without all these to accomplish that saving commandement If thou love meâ— feed my sheep 21 Iohn Sarisbury Bishop of Chartres who lived about 1180 saith That the Pope is burthensome and insupportable to all men 3. â—e builds Palaces out of the ruineâ— of Churches he goes accoutred not only in purple but in gold 22 Marsilius of Padua Let them tell me I pray them with what conscience according to Christian Religion they spend the goods of the poore living after a worldly fashion upon so many unnecessaries in horses servants banquets and other vanities and delicates both secret and publique They I say who for the ministery of the Gospel ought to be content with food and raiment according to the Apostles appointment in the first to Timothy CHAP. X. Of the injust power of the Popes 1 ONe of the maine poynts touching the reformation of the Popes is the unbridled and redoubted power which hee challengeth both in spirituals and temporals considering that hee pretends to have an absolute and soveraigne power over both It were fitting me thinks to set bounds to the plenitude of that power which hath neither banks nor bottome to him that extends his jurisdiction over all the world even as low as hell and purgatory as high as heaven which takes hold of great and small Clerks and Laiques things sacred and profane which hath set all the Church yea all Christendome by the ears together which is the source and fountaine of all our miseries and against which there have beene so many complaints exhibited upon this occasion 2 Paul the thirds Delegates had a touch at this point in their reformationâ— In former times say they the truth could not have accesse to the audience of certaine Popes by reason of certaine flatterers which magnified and extended their power too much perswading them that they were Lords paramount of all and might doe any thing what they list from this spring have so many miseries in great flouds overflowed the Church that shee is now quite overborne and drowned See here what they say who were conjured by the Pope upon oath and upon paine of excommunication to tell him the truth of all that required reformation Wee have formerly observed a place in Zabarel of the like straine with this 3 Master Iohn Gerson in his book De potestate Ecclesiae hath the very same On the other side saith hee upstarts cunning and glozing fâ—attery whispers the Clergy but especially the Pope in the care O how great is the height of your Ecclesiasticall power O sacred Clergy all Secular authority is but a toy in comparison of thine seeing that as all power is given to Christ both in heaven and in earth so Christ hath bequeathed all to S. Peter and his successours So that Constantine gave nothing to Pope Sylvester which was not originally his owne but only restored unto him what he injustly detained from him Againe as there is no power but is of God so there is nothing temporall or spirituall Imperiall or Regall which is not of the Pope upon whose thigh God hath writ King of Kings and Lord of Lords So as to dispute his power is a kinde of sacriledge To whom no man may say Why doe you so although he should exchange purloine of sell all the temporals the goods lands and lordships of the Church Let me be a lyar if all these things are not written by such as seeme to bee wise men in their eyes and if they have not beene beleeved also by some Popes 4 So Marsilius of Padua in many sundry places of his Defensor Pacis particularly in the second part and twenty fifth Chapter They have taken up a title saith he which they arrogate to themselves and which they would make an instrument of this wickednes namely the plenitude or fulnes of power which they say was given to them in particular by Christ in the person of St. Peter as that Apostle's successours By reason of which accursed title and their sophisticall manner of discourse they use a certain captious kinde
Forasmuch as the Bishop of Rome is Patriarch of the Westerne Provinces hee addes The Canons meane that Patriarches should be above Metropolitans and Metropolitans above Bishops to the intent that no matter of moment and importance bee done by the Bishops without them Now the Pope gaines nothing by all this for any Patriarch may serve himselfe of this Canon and apply it to his owne cause So likewise it is probable that the old Canon which was made hereabout spoke not of the Bishop of Rome in particular but had reference to all the other Patriarches and Metropolitans and that Pope Iulius being the first that complained of the breach of it alledged that Canon as if it had beene particularly in favour of himselfe howbeit it was conceived in generall termes And indeed hee is the speaker both in Socrates and Sozomen and those who afterwards mentioned the complaint or accusation which hee commenced against the Bishops in the Councell of Antioch in imitation of his words have also restrained the Canon to particular termes howbeit at the first it ran in generall 13 If this exposition will not give all the world content wee may say that that Canon being made as it is probable by the Bishops of the East they ordained that they should not set out any generall Decrees nor hold any Synodicall assemblies without calling in the Bishop of Rome unto them by that meanes to preserve the union of the Churches Decreeing thus much in favour of him rather than any other in consideration of his remotenesse as also for the same reason they allowed him to nominate some Greek Bishops for his Legats A way was invented saith Balsamon because of the length of the way that the Pope should have Legats out of our quarters yet were they not therefore under him For all this wee will never deny but by the See of Rome was alwayes held in honourable esteem both for the glory of the Citie which was the head of the Empire and the sanctity of the Bishops in those dayes nor that much reverence and respect was ever given unto it though not such and so much as they now take upon them And hence it is that the Bishops in the Councell of Rome writing to the Bishops of Illyrium amongst other reasons which they urge for the rejection of the Councel of Ariminum bring this for one because certaine Bishops whom they there mention never consented unto it and amongst others the Bishop of Rome Of whose opinion and advise speciall regard ought to bee had above all others 14 It may furthermore bee said and that not unlikely that this Canon was first made at that Councell which some say was holden at Alexandria in Palestine about the grand controversie concerning the keeping of Easter day if so be it bee true which is reported that Pope Victor was present there in personâ— together with Narcissus Patriarch of Ierusalem Theophilus Bishop of Cesarea and Ireneus Bishop of Lyons considering that as Eusebius relates about the same time there were sundry Canons and Decrees made in sundry Councels concerning that controversie which might very well give occasion to all those Patriarches and Bishops there met together to ordaine for the better avoiding of such difference for the future and preserving the union of the Church that from thenceforth no universall Decrees should be made unlesse all the Patriarches or Metropolitans were first called 15 Yet for all this I doe much suspect that Councell of Alexandria especially in that forme wherein it is presented to us it being very improbable that both Victor and Ireneus should bee there in personâ— and without question it is a mistake of our later Historians who misconceived the words of Eusebius telling us that about the same time there were divers Councels holden upon occasion of that divers celebration of Easter which some kept upon the fourteenth day of the moon the same day upon which the Passeover was kept others upon the sunday after as in Palestine by Theophilus and Narcissus at Rome by Victor in France by Ireneus and by others in other places And indeed that quarrell was not then accorded but continued till the Councell of Nice so that wee are yet to seeke for the authours of that Canon nor is there any body that can tell us any newes of them But be hee who he will it may suffice that wee have set downe the true meaning of it 16 Let not then Bellarmine and Baronius and all those that speake of it give any more right to the Pope by virtue of that Canon than hee himselfe pretended to have For Iulius never complained that the Councell was called by another and not by himselfe nor yet that the designe of holding the Councell was concluded upon without acquainting him with it but onely because he was not called unto it I know very well that the Popes afterwards have beene taught to speake another language Did I say afterwards nay even before too even those that lived before the Nicene Councellâ— who tell us wonders of the authoritie of their See who as they say command the Pagan Emperours and make lawes and rules against them who arrogate unto themselves the appeales from other Bishops and the jurisdiction of making all causes of their cognizance who foist in other Canons and Dâ—crees of the Nicene Councell upon us than those which were approved of and for their owne advantage who in case of appeale from other Bishops goe beyond the bastard Canon of Nice which the Popes to their owne shame and confusion would have had legitimated by the Councels of Africke who would perswade us also that it belongs to them to call Councels to preside in them to ratifie and confirme them although in those dayes there was no such matter Those good Bishops I say who never thought of ought but martyrdome and tortures have beene made to speake after their death what their life disavowed and gave the lye unto 17 But seeing that the rude and ignorant style of those Decrees betrayeth the asse unto us by the eares that this new plant could never yet take root in the understanding of the learned that the Popes owne Canons give us just cause of suspicion against them inasmuch as they informe us that the most ancient Decrees in this kinde are those of Sylvester and Siricius so that our predecessors long agoe rejected all those other which were said to be more ancient upon this ground because they were no where to be â—ound in that Codex Canonum which they used in their dayes besides that our Gratian assures us that excepting the twentie Decrees which we have of the Councell of Nice all the rest if yet there be any other are out of use and practice and not admitted in the Church of Rome wee will therefore forbeare that long discourse which we had prepared upon this subject and refuming our former thred will onely adde what was afterwards
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
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
quarantains of true pardon 40 And the said pardons and indulgences here above mentioned are granted onely to the brothers and sisters of the said Fraternitie which shall upon the daies aforesaid everie yeare visit the said altar in that Church of St. Hilary of Chartres upon which the blessed Sacrament and precious bodie of Iesus Christ is placed 41 Medard Thiersault Priest Licentiat in the Lawes Canon of Chartres Oâ—â—iciall and Vicar Generall both in the spiritualty and temporalty of the reverend Father in God Monsieur Lewes by the grace of God and the holy See Apostolique Bishop of Chartres to all and singular the Parsons and Vicars of the Churches within the Citie of Chartres sendeth greeting â—n our Lord God everlasting Pope Paul the third of happy memorie did heretofore of his own proper motion for the honor reverence of the precious blessed Sacrament grant unto the brothers of the fraternity of the blessed body of Iesus Christ in the Minerva of Rome certaine indulgences plenary remission of sinnes immunities and other graces the good devotion and upon petition of the faithfull Christian Brothers Which indulgences and plenary remission of sins our holy Father Iulius the third by the divine providence Pope to the end that all Christians should presse more earnestly and devoutly to come and honour the so admirable blessed Sacrament of his owne authoritie and dignitie hath willed and decreed that they bee of perpetuall force and efficacie And these indulgences and other graces aforesaid at the instance and request of the most noble personage Mr. Christopher de Herovard the Lieutenant Generall of the most Christian King within the Bailiwicke of Chartres hath communicated and granted them to the Brothers and Sisters of the Fraternitie of the most blessed body of Iesus Christ heretofore instituted and erected in the Church of Saint Hilary of Chartres alwayes provided that like grace and gift was not formerly granted to any other Church of the said Citie of Chartres And forasmuch as we have viewed the contents of the said indulgences in the publique instrument out of the copie of Domenic Bishop of Hostia Cardinall of the holy Church of Rome by title Traven Deane of the sacred Apostolicall Colledge Protector and Patron of the devout and Catholique Fraternitie of the blessed body of our Lord Iesus Christ founded in the Church of our Lady of Minerva of the Order of Friars predicants in the Citie of Rome in manner of an exemplification published drawne signed and sealed by Genese Bulter Secretary to the said Fraternitie given at Rome the sixt of May one thousand five hundred and fiftie And furthermore whereas by a certaine declaration made unto the Court of Rome by the command and with the leave of the Reverend Father in God the Lord Bishop of Chartres and as it seemes to us truly and lawfully made that 't is certaine the like grace was never granted to any other Church in the Citie of Chartres Wherefore we command you to publish and cause to bee published in your Churches the said indulgences and the exemplifications of the letters aforesaid according to their forme and tenure Giving leave to the said Mr. Christopher de Herovard to cause the said Graces and Indulgences to be published within the Citie and Suburbs of Chartres whether by Siquis's or otherwise as the same Herovard shall thinke good Given at Chartres under the seale of the Chamber of the said Reverend Father in God the Bishop of Chartres in the yeare one thousand five hundred and fiftie upon Thursday being the last of Iuly Subscribed P. le Seneux 42 See here how the Popes play with their indulgences and amongst the rest two of them which presided by their Legats at the Councell of Trent to wit Paul the third and Iulius the third The reformation of such abuses was required heretofore in such Generall Councels as were then holden as by the Bishop of Menda in that of Vienna in Dauphiny who amongst other points by him proposed unto the said Councell puts this for one It were fit to provide a competent remedy for this and besides to cause the fees of the curriers and Nuncio's of the Court of Rome to cease We have told you elsewhere upon the testimonie of the Bishop of Panormo that by reason of the too hastie breaking up of that Councell by Clement the fift that reformation was never medled with 43 Amongst other articles proposed by divers nations at the Councell of Constance touching the point of reformation this about Indulgences was one upon which they were to deliberate after the creation of the Pope But Martin the fift being elected he referr'd the case to another time And forasmuch as Mr. Iohn Gerson Chancelor of the Vniversitie of Paris was present at the same Councell and in very much repute and authoritie both in behalfe of the Vniversitie and as deputy for Charles the sixt King of France we will here make him declare his beleefe in matter of Indulgences Behold here his articles 44 The onely supreme Pope Christ together with the Father and the Holy Ghost can by a plenary authoritie grant a totall indulgence as well from punishment as fault 45 The onely Pope Christ can commute eternall punishment into temporall or absolve from punishment freely and without any merit besides his owne 46 The onely Pope Christ can give indulgence for so many thousand millions of dayes and yeares as we finde in divers grants of Popes and others in divers times and places and upon divers occasions 47 The granting of Indulgences for so many millions not onely of daies but yeares seemes impossible to be maintained without great difficultie after remission of eternall punishment and commutation into temporall For it is certaine that no particular man can or ought to bee bound to doe penance so many yeares forasmuch as he cannot live the thousand part of those yeares and no man is bound to impossibilities It is also certaine that Purgatory shall cease at the worlds end and consequently the dayes of his penance too 48 From hell there is no redemption At the end of that Tract hee hath these verses Arbitrio Papa proprio si clavibus uti Possit cur sinit ut poena pios cruciet Cur non evacuat loca purgandis animabus Tradita If so the Pope may use the keyes aâ—'s pleasure Why does he let good men such paines endure Why does he not too cruell and unkinde Emptie the place for purging soules design'd 49 Now whereas he beleeves that the Popes indulgences doe not reach so farre as hell that is hereticall as well as the other articles by him set downe For other Doctors hold that the Pope is Lord of the world that he officiats in the nature of Christs Vicar both in things celestiall terrestriall and infernall Angustin de Ancona approved by the Popes as well as the former author argues thus in the matter of Indulgences
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
them upon them ought all of them to be reputed not Ministers but theeves and robbers that came not in by the doore 4 It may bee made to appeare yet more particularly that this Councels intention was to put into the Popes hands all that concernes the election of Bishopriques and other Ecclesiasticall dignities and offices and to deprive others that might claime any right to them For by the first Chapter of the sixt Session the care and charge of preferring or causing to bee preferred unto the government of Churches such as shall be most worthie and the power of providing for Bishopriques in stead of the Bishops that do not reside belongs unto him which will be a meanes for him to revenge himselfe of such Princes as would desire to retaine trusty Prelates in their Counsell For if they doe so without the Popes licence they shall be deprived of them if with his consent they shall be but ill served by them Besides the Pope will keepe them continually in awe by other meanes afforded him by this Councell as namely by the oath which they are bound to sweare unto him at their Provinciall Councels and Synods within their Dioces by the censure of their life and manners their errours and offences which is also granted unto him with supreme jurisdiction to punish them 5 And as for lesser dignities the Pope is intreated at the twenty first Chapter of the last Session that the Monasteries Abbeyes Priories and Provostships be bestowed for the future upon regular men of tried virtue and sanctity If these authorities be not sufficient we adde further That this Councell gives the Pope authority over all that by this meanes hee may derogate abrogate change make unmake any thing that he pleaseth the clause of Clave non errante and the exception Curita facis being now abolished We say more that this Councell confirmes all the Canons and Decrees of Popes and that by them elections now adaies belong neither to the people nor to Kings and Princesâ— that they have neither part nor quart in them nor can they meddle with them in any sort In all this the interest of Kings and Princes and of the people likewise is concerned If wee make this right and interest appeare by their owne testimonies by the very Canons and Decrees of Popes and Councels by the authority of all antiquity by the credit of Histories what will remaine more but that we conclude that that is by usurpation taken from them which in justice ought to bee restored unto them The Glossatour upon the Canon Law confesseth this usurpation in downe right termes For speaking of the consecration of Archbishops The Archbishop saith hee of right ought to bee consecrated by all his â—uffragans yet notwithstanding the Pope usurpes this power to himselfe With greater reason may it be said that hee usurps the consecration of Bishops and others that are of inferiour dignitie 6 Now that the people hath a share in the election of their Bishops and Pastours besides the expresse places of holy Scripture which may and ought to suffice I urge their owne Canons and the sayings of former Popes who testifie the use and custome of the ancient Church in matter of elections and tell us in plaine termes that they were made by the Clergy and people jointly and by one common advice without the one usurping upon the others authoritie Amongst the Epistles of Ivo Bishop of Chartres we read the very form which the Popes used at the consecration of Bishops where mention is made of the election of the Clergie and people which beginnes thus Forasmuch as wee beleeve that being called by the will of God the Clergy and people of such a City have with one consent chosen you their Rectour and Bishop brought unto us to desire consecration c. The very same forme did Pope Vrban use at the consecration of the said Bishop of Chartres for it is upon that occasion Ivo relates it 7 This was also observed even in the election of the Pope of Rome which was performed by the Clergie and people as their owne bookes testifie To all which they proceeded in such sort as the Princes authoritie was above all For whether he made the election himselfe alone and by his owne proper authoritie which is condemned by this Councell or hee gave and granted it sometimes to the Pope this I learne from their owne writings sometimes to the Clergy and people yet still so as his consent and the confirmation was reserved unto himselfe The Emperours and Princes themselves made the lawes and Ordinances concerning it they prescribed the order and forme which should be observed in it All this is testified unto us by the Popes and Councels themselves yea approved and followed by them yea with all humility received and they thought this right to belong to Kings and Princes so farre that they never made any bones of acknowledging in them a power to chuse Popes and all other Bishops of declaring in their Synods that this of right belonged unto them of confirming it unto them as farre as they were able 8 Pope Adrian with his whole Synod which consisâ—ed of one hundred fiftie three Bishops Religious persons and Abbats gave the right and power of electing the Pope â—nto Charles the Great the power and right of chusing and further ordained that the Archbishops and Bishops of all the Provinces should receive their investiture from him in such sort as no Bishops can bee consecrated by any man unlesse he be approved and invested by the King pronouncing and anathema against such as shall doe otherwise as is said in expresse termes in the Canon Adrianus 9 Pope Leo the seventh following this example made this Constitution I Leo Bishop servant of servants with all the Clergy and people of Rome doe ordaine confirme corroborate and grant by our authority Apostolique unto Otho the first our Lord King of the Germans and his successors the power from hence forwards of electing the successors and ordaining the Pope of the high See Apostolique as also to the Archbishops and Bishops to receive their investiture from him and their consecration where they ought And a little after That the Bishop being elected by the Clergy and people cannot bee consecrated till hee bee first allowed and invested by the King See here how every one had his share in it the Clergie and People the election the Prince the approbation and investiture the Archbishop or Metropolitan or the Councell it selfe the consecration 10 Nor can it be said that this right was first granted to the Emperours in the person of Charlemaigne it was no more but confirmed for other Emperours of old were anciently accustomed so to doe as it is affirmed in expresse termes in the Canon Agatho very remarkable to this purpose Where Pope Agatho who lived in the yeare six hundred eighty eight obtained of Constantine the fourth their Emperour an immunitie and release from that
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
over Bishops and other Ecclesiastiques that they themâ—selves have been intercessours unto them to get them to proceed unto such judgements Pope Liberius intreated the Emperor Constantius that hee would make the cause of Athanasius be judged If your clemencie thinke good saith hee that you would let him be judged Pope Iulius had recourse to the Emperour Constans in behalfe of the same Athanasius and of Paul who presented him with letters directed to his brother Constantius upon the same occasion 16 Gregory the Great intreats the Kings of France Theodoric and Theodebert to doe justice to Vrsicius Bishop of Turin To make justice in all things bee observed towards him and the truth being knowne to make that be amended which hath beene unlawfully committed against him and to cause that to bee restored with equitie which was taken from him by violence This Bishop had beene deposed and another put in his place The same Pope after he had divers times intreated the same Kings of France to call a Councell in their Realme for restraining of the crime of Simonie which was at that time verie rife writ at last to Queene Brunchaut in these termes Let your letters bee directed unto us and if you command us with your consent and authoritie we will send you some on our behalfeâ— to inquire straitly into thâ—se things together with the rest of the Clergy and to make such reformation thereof as shall be acceptable to God For these things ought not to bee dissembled inasmuch as hee that hath power to correct them and notwithstanding neglects to doe it makes himselfe a shaâ—er in the fault 17 Gratians Decret gives further credit unto this Imperiall jurisdiction over Bishops in criminall causes considering that there a certain Pope whether it bee Gregorie or Pelagins speaks on this manner Behold what wee demand and require further that you would send unto the most gentle Prince Paulinus that false Bishop of Aquileia and that other of Millaine under good and sufficient guard to the intent that he who can no waies be a Bishop inasmuch as heâ— was created contrary to all canonicall custome destroy not others and hee who hath attempted to ordaine against the ancient custome may be submitted unto the punishment of the Canons Hee that collected the summarie of this Canon conceives some policie in it when hee saith That those should bee corrected by Princes who cannot be corrected by the Church making the rule by this means no more than an exception as hee ofttimes makes rules of exceptions But it may bee hee meant that these Bishops could not by right bee corrected by the Church because she hath no such power If this bee his meaning wee take him at his word There is yet more in it for the Popes themselves have undergone this jurisdiction have beene judged condemned and deposed by the Emperours Wee have given examples of it when wee treated of â—he power of a Councell above the Pope which wee will not now repeat 18 By the law of the Emperours Valens Valentinian and Gratian the cognizance of crimes committed by Ecclesiasticall persons is reserved to the Magistrates Arcadius Honorius and Theodosius declare the judgements passed by Episcopall Synods upon the crimes of Priests to bee valid so as they cannot bee disanull'd by themselves Honorius and Theodosius will have Clerks to be accused before their Bishops Iustinians Novel gives the cognizance of civill crimes by them committed unto the Lay Iudges and of Ecclesiasticall to the Bishopsâ— so that this cannot be understood but of the meaner sort of Clergy men such as are inferiour to Bishops And of these it is spoken in another constitution which forbids the Civill and Militarie Iudges and Magistrates to call them before them for civill and criminall matters unlesse they have the Princes command for it Where two things are to bee considered one that it is an Emperour which ordaines it and therefore hee hath the disposall of it the other that he reserves unto himselfe the cognizance or authoritie 19 The Councell of Milevis holden in the year foure hundred and two confesseth and avoweth this Imperiall jurisdiction It pleaseth us say the fathers of it that whosoever shall demand of the Emperour the cogniâ—ance of publique judgements bee deprived of his dignitie But if hee desire of the Emperour onely the exercise of Episcopall judgement that can no way hurt him The judgement over Lay men in publique crimes was thought to suit ill with Bishops and therefore it is condemn'd in this Councell the other is permitted but so as they tooke it from the hands of the Emperour It is strange that in all these places there is no mention of Popes no more than if there had beene no such men in the world 20 The sixt Canon of the first Councell of Constantinople disposeth somewhat boldly of Ecclesiasticall jurisdiction to the prejudice of the Imperiall right in attributing the judgement of crimes committed by Bishops unto provinciall Synods and forbidding them to have recourse either to the Emperor or other secular Princes for judgement or to a Generall Councell despising that Decree and neglecting the Bishops of particular Dioceses It was a litle too much entrenched upon the Emperour Howsoever we draw from hence this advantage that in the making of this Order about Episcopall judgements in criminall matters the Pope was never reckoned of And yet the Councell of Trent gives to him alone the criminall and supreme jurisdiction in the first place over all other Bishops in the world in such sort as neither the Emperour nor Kings and Princes nor their Officers nor Synods either Provinciall or Generall can intermeddle 21 Let us now speak of our France and shew the prejudice done unto it by this Decree In the time of our ancient Kings the Bishops upon any crime whatsoever were accused in a Synod of the Churches of tâ—e Realme So Guntrand King of Burgundy caused a Synod to assemble at Lyons where two Bishops Salonius and Sagittarius were accused convinced and condemn'd and put out of their Bishopriques for some crimes by them commiâ—ted It is true that by their flatteries they prevailed so farre with the King afterwards that he gave them leave to have recourse to Pope Iohnâ— to whom also he writ in their behalfe yea upon the request afterwards made unto him by the Pope hee restored them to their Bishopriques But all this was done onely by way of courtesie and complement anâ— because the King himselfe sought a faire way to restore them to their charge and dignities without offending the Synod 22 King Chilperic having called an assembly of Bishops and Prelats in his Citie of Paris brought Pretextatus Bishop of Roan before them saying these words unto them Although the royall power may by the lawes condemne one that is guiltie of high treason notwithstanding that I may not oppose the ancient Canons I present this man unto you who hath
urge the testimonie of our common Lawyers as of Mr. Giles Burdiâ— upon the Ordinances of the year 1539. Mr. Iohn Imbert in his institutions of common law Mr. Choppin in his treatise Du Domaine and many others would be a thing superfluous CHAP. II. Of Delegations and Evocations 1 THe Popes jurisdiction and authoritie is greatly augmented and inhaunsed in this that the Bishops and other Ecclesiastiques are made his commissaries and Delegates in divers cases which are of their owne proper and naturall jurisdiction It is said in the first chapter of the fifth Session That in the Monasteries of Monks where it may be conveniently done there shall bee a lecture read out of holy Scripture And that in case the Abbats be negligent â—he Bishops of that place must compell them by convenient remedies as delegates for the See Apostolique Now there is no doubt or difficultie but it belongs to Bishops to provide herein by their own proper authoritie in case of the negligence of Abbats For the Abbatsâ— Monks and Monasteries are subject to the Bishop of the Diocese where such Abbeyâ— stand and they are under his power and jurisdiction by the 21 chapter of the Councel of Orleans Canonized in the Decret They may depose the Abbats upon sufficient cause They must take care for the profit and advantage of the Monasteries and Abbeys See that no alienation bee made by the Abbats without their consent 2 As for that which is decree'd that the Abbats shall cause a lecture in divinitie to be read it is a thing which they are bound to doe in France by virtue of the 20 Article of the Ordinance of Orleans whereby the Superiours and heads of the Orders are enjoyn'd to take care of diligently to proceed to a ful reformation of Monasteries And it is further said That in every one of the said Monasteries there shall bee maintained a good and able man to teach holy Scripture and a stipend allowed him at the charges of the Abbat or Prior. Now the word Superiours may bee as well referr'd to Bishops as to Abbats and Priors in case these be negligent Howsoever this power is not given unto Abbats and Priors as Delegats or by way of privileâ—ge but belongs unto them by common right It ought also to agree unto Bishops by the same right where the priviledge of exemption ceaseth 3 In the second Chapter of the same Session where Curats are enjoyn'd to preach upon Sundayes and Holydaies or to provide some to preach in case of lawfull impediment it is added That if there be any Parish Churches under such Monasteries as are not sâ—tuate in any Diocese the Prelats regular being negligent in the premises they shall bee compell'd unto it by the Metropolitans of those â—rovinces where the Dioceses lye as Delegats herein for the See Apostolique Now it is certaine that Metropolitans have power over the Clergie within their Province even over the Bishops themselves according to the honour prescribed by the ancient Canons under the one in the first and the other in the second place If an Abbey be subject to the Bishop the Metropolitan shall have nothing to doe with it save in case of appeale If it belong to no Diocese and consequently to the Iurisdiction of no Bishop then it must have the Metropolitan for Superiour unlesse it bee of the number of such as are exempt which have no other superiour but the Pope and which are spoken of in the eight chapter of the 25 Session But the question is not now of such And suppose they were now in controversie by the eleventh Article of the Ordinance of Orleans all Abbats and Priors must bee subject to the Arch-Bishop or Bishop of the Diocese notwithstanding their priviledge of exemption 4 In the second Chapter of the sixt Session Bishops are enjoyned as Delegates for the Pope to provide that there be able Vicars in stead of such Clergy men under their jurisdiction as are dispensed with for non residence To which Vicars they must assigne a competent portion of the fruits Now it is too apparent that this provision belongs to the ordinary jurisdiction of Bishops and therefore such Delegation is abusive and made as well against the ancient Canons as against the Ordinances of this Kingdome This is delivered in expresse termes by the constitution of Boniface the eighth who after hee hath given way that such as are preferred to Parish Churches may stay seven years before they be ordained Priests to the intent that they may have occasion to apply their studies hee ordainesâ— That during these seven years the Bishops and Superiours shall carefully provide that the cure of soules be diligently discharged and that such benefices be served with good and able Vicars who shall bee deputed by them and to whom in consideration thereof a competent portion of the fruits shall bee by them assigned for their maintenance In all this there is no delegation from the Pope but this is given to Bishops as depending upon their Ordinarie jurisdiction 5 The fifth Article of the Ordinance of Orleans saith in plaine termesâ— That the Abbats and Curats who hold many benefices by dispensation or reside upon one of their benefices requiring actuall service and residence shall bee excused from residence upon their other livings Alwaies provided that they depute sufficient men for their Vicars of a good life and conversation to every of whom they shall assigne such a portion of the revenue of the benefice as may suffice for their maintenance Otherwise in default hereof wee admonish and enjoyne the Archbishop or Bishop of the Diocese to take order for it and most expressely command our Iudges and Proctours to assist them therein to cause the temporalities of such Abbeys or other benefices to be seized upon without dissembling a moneth after they shall have warned and required the Prelats and other Titulars to reside or cause some to reside upon their benefices and fulfill the contents of this present Ordinance From hence we collect that the forementioned case belongs to the jurisdiction regall within this Kingdome and that the Councel having given it up to the Ecclesiasticall jurisdiction and that even to the Pope hath infringed the rights of France 6 In the third Chapter of the sixt Session the Councel gives power to the Ordinaries of the place as Delegates for the Pope to visit punish and correct Clerks both Seculars and Regulars that live out of the Monasterie No Secular Priest nor Regular of what Order soever living out of his Monastery must thinke himselfe so sure upon pretence of the priviledge of his Order that hee cannot bee visited punished and corrected according to Canonicall Constitutions in case hee offend by the Ordinary of the place as Delegate for the See Apostolique By the Generall Councel of Lyons holden under Innocent the fourth ann 1246 and approved by the Popes themselves all deliâ—quents contracting or committing any fault out of the
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
manifest adulterie There are an infinite more Arrests of the Courts of Parliament of this Kingdome which testifie that they are in possession of the cognizance of this crime 27 Leo the tenth acknowledging that this right belongeth to the officers Royall of this Realmeâ— where hee decrees concerning the punishment of Clerks that keepe Concubines when he comes to speake of Lay men he doth no more but exhort them to abstaine from adultery and concubinage as things forbidden by God without passing any further The Ecclesiasticall Iudges have sometimes attempted to usurpe this jurisdiction over the Laitie in case of adulterie but the complaint which was made of it by Mr. Peter de Cugneres on the behalfe of the Iudges Royall which wee may read at this day extant put an end to that trouble And alwaies whensoever the Clergie attempted to meddle in such matters they have beene prohibited by the Parliaments upon appeals as from abuse which have beene put in against their decrees 28 So by an Arrest of Paris of the 28 of Iune 1534. It was determined that a married Lay man cannot be cited before an Ecclesiasticall Iudge for deflowring a Virgin There are two Arrests of that same Court called The Arrests of married whoremongers which are very remarkable one dated the 10 of Iuly 1366 the other the 5 of March 1388 whereby Bishops and Archdeacons are prohibited to cause Lay men to bee cited any more before their officials in case of adultery or fornication with other women than their owne wives There is also an Ordinance of King Saint Lewes the yeare 1254 for the banishment of common whores out of all cities and townes which hee will have to be done by his Iudges and Officers and their goods to bee seized by them 29 The like case is about seizure of goods it being a thing certain in France that such executions are prohibited and forbidden to Ecclesiasticall Iudges by an Ordinance of King Philip the third made in the yeare 1274 which forbids any Bishop to cause any such execution to bee made of the immoveable goods of any Clerke condemn'd in a personall action because the immoveable goods are out of his Episcopall jurisdiction According hereunto a certaine Bishop of Paris was declared not to be admitted into the Court in a pretendure which he made of the power of arresting certaine moneyes belonging to a Clerke inhabiting in certaine lands subject to the jurisdiction Royall and he was cast for attempting it by an Arrest of Paris the second of April 1334. And the reason hereof is that it is holden for a ruled case in our law that Bishops and other Ecclesiasticall Iudges have no territory or other right of temporall subjection as is proved by Mr. Giles le Maistre chiefe President of Paris by divers authorities And upon the same reason the cognizance of reall actions of debt and possessory is forbidden them When there is any necessitie of doing such or such like executions they must implore the aid of the secular arme which cannot be denyed them The Iudges Royall are enjoyn'd by the 24 Article of the Ordinance of Melune made 1580 to aid the Ecclesiasticall Iudges in the execution of their sentences when they implore tâ—e secular arme 30 Much lesse may they proceed by way of imprisonments or otherwise to the execution of their sentences Such Acts are left to the Secular power which they ought to implore But if in any criminall case they decree the Arrest of a mans bodie against those of their jurisdiction they cannot proceed to cause him to be attacht if he be out of their Court but must have recourse to the secular arme And to this purpose it was determin'd by an Arrest of Paris of the tenth of May 1535 That it was ill determin'd and absurdly proceeded by the Deane and Chapter of Mans who judged upon an accusation commenced against a Canon of the said Church that he should be kept prisoner in his Cloister 31 But one of the greatest wounds which the Kings authoritie and the Courts of Parliament can receive is that the power of appealing is taken away even almost in all actions For as for the Popes Bulls and Decrees wee have already prov'd that such appeales cannot bee put in hereafter in as much as he is made to be above a Councell above all Princes and Lords that have any soveraigne dominion in as much as the confirmation of all the Canons and Decrees of the Councell of Trent was left unto him the reformation also of all that concernes Ecclesiasticall manners and discipline and his authoritie in all things reserv'd As for the Bishopâ— and other Prelates of this Kingdome in all the before-mentioned cases it is said expressely that no appeale can be had from their sentences It is true that the Popes authoritie is reserv'd above all so as not onely the Kings inferiour Iudges are depriv'd of their ordinary jurisdiction but the Parliaments also of Appeals unto them as from abuse which have alwayes beene put in from the sentences of the Bishops yea even from the Canons and Decrees of the Provinciall Councels of France and the execution of the Popes Buls and Decrees 32 But there is yet more namely that appeales from abuse made unto the Parliaments in divers other cases is taken away as where it is decreed that no appeale shall bee made from such sentence of the Ordinaries whereby they shall depute a Vicar with an assignement of certaine portion of maintenance in any Cure or Benefice formerly without Cure Wherein there is a double grievance First that thâ— Iudges royall as Bailiffes Stewards and such like are deprived of that seizure which they are permitted otherwise to make of the revenewes of livings â—ine curâ both by the Ordinance of Charles the 6 Anno 1385 and by that of the States of Orleans holden under Charles the 9. Anno 1560 in the eight and twentie first Articles and after that by the Edict of Mâ—lune made by Henry the third in February 1580 Article the fifth upon occasion of the complaints of the Clergie of France and by another of the same Prince the tenth of September 1â—68 The other that our Parliaments are depriv'd of Appeales as from abuse which have alwaies beene used in this kingdome 33 Power is also given unto the Bishops to erect Colledges for the instruction of youth with the advice of two of the most ancient Prebends and to endow them with the advice of foure deputies two of the Chapter and two of the Clergie as also to order the revenewes of buildings and of hospitals tithes appropriated and belonging to lay men so as there can bee no appeale from what they shall determine in this respect Wherein there are divers good grounds of complaint First that the Councell undertakes to erect Colledges in France for the instruction of youth for that derogates from the Kings authoritie who hath provided for this point by the ninth
Article of the Ordinance of Orleans Secondly that the Councell gives the power of this erection to the Clergie without employing the Maiors Sheriffes Councellors Capitons or other Civill Magistrates which the same Ordinance doth require the words whereof are these Besides the said Divinity Prebend another Prebend or the revenewes thereof shall bee assign'd for the maintenance of a Schoolemaster who shall be bound in the meane time to teach all the youth of the City gratis without any wages Which Schoolemaster shall be chosen by the Archbishop or Bishop of the place calling in the Canons of the Church together with the Maiors Sheriffes Councellors or Capitons of the City and to bee put out by the said Archbishop or Bishops with the advice of them aforesaid And the execution of the aforesaid Ordinance is committed to the Officers Royall by another Ordinance of the same Prince given the 22 of November 1563. And the reason why the Ecclesiastickes are here joyned with the lay in the election of a Schoolmaster is because his maintenance is taken out of the revenewes of the Church For otherwise there were no necessitie why they should come in 34 In the third place it disposeth of other mens goods too freely as of building money imploying it to another use against the will of the founders King Henry the third without any regard had to the determination of that Councell by his Edict of Melune Anno 1580 Article the eighth doth expressely forbid both his Iudges and all others to divert or apply the goods and revenewes which have beene given for the building of Churches and Chappels to any other use than that to which it was ordain'd Which sheweth withall the little regard the late King had of this Councell 35 It disposeth likewise of the revenewes of Hospitals contrary to the intention of the Founders and to the prejudice of divers Ordinances of our kings which have beene made in this behalfe whereby all jurisdiction and disposall of the goods of hospitals is intirely given to the Iudges Royall who are commanded to take the accounts of the administration of them to proceed to the correction and reformation of such abuses and disorders as are committed in them to assigne an allowance to their tutelar governours for the charge of divine Service which they are bound to doe to give the residue intirely unto the poore according to the institution of them This is the summe of King Francis the first his Edict given at St. Germain in Laye the 15 of Ianuary 1545 published at the Parliament of Paris the 4 of February the same yeare confirmed afterwards by another of the same Prince made at Rochfort the 26 of February 1546 and another given at Melune the 20 of Iune the same yeare another of King Henry the second the 12 of February 1553. of Charles the ninth 1561. of the Ordinance of Moulins of the same Prince Article 73. And besides all these by the Edict of Blois by the late King Henry Article 65. All which Edicts set downe other formes for the administration preservation and distribution of the goods of the said hospitals Yet so that they must alwayes bee imployed to the reliefe and sustentation of poore people the reparation of buildings and such necessaries 36 The same Councell disposeth likewise of infeodated tithes that is such as have by just title beene appropriated to lay men so as now they retâ—â—â— nothing of spirituall giving the Bishops Soveraigne power to apply one part of them to the maintenance of Colledges and so as there shall bee no appeale from them Which it ought not to doe because it hath no power over the goods and lands of lay men no nor over the temporals of Clergy men in the Realme of France It is here considerable that although tithes bee reckoned amongst spirituall things by Eugenius the third yet that 's improperly spoken and they are not so truly spirituall as set aside for the use of the spirituall Ministers of the Church as Mr. Iohn Gerson teacheth 37 And this is also the reason that by the Edicts of our Kings the most of the controversies arising about tithes are of secular jurisdiction as when the question is of the possessorie when the quotitie of tithes is controverted or the removeall of corn or other tithable fruits of the earth out of their place before the tith be payed and such like cases So that there is nothing left for the Ecclesiasticall jurisdiction save onely the question of right namely Whether the tith be due Amongst other Edicts to this purpose there is one of Charles the ninth whose words are remarkable All suits concerning tithes and the right of them wee have for the present remitted to the ordinary Iudges of every Province to whom the cognizance thereof shall appertaine and over which we have given them full jurisdiction And another of the same Prince made at Paris the 18 of April 1571 in the 16 Article of which there is this clause Wee grant unto our Courtâ— of Parliament the cognizance of such suits as shall arise hereabout every one within their owne circuit 38 If these Ecclesiasticall tithes are of secular jurisdiction because they have in them but a little of the spirituall much more ought they to be so which are appropriated So it is reported as a ruled case in law That tithes holden in see belong to the jurisdiction of the secular Iudge exclusively to the Ecclesiasticall So then the Ecclesiasticall Iudges cannot intermeddle with them nor determine of them without intrenching upon the other jurisdiction much lesse can the Clergy dispose and decree concerning them whether assembled in Councell or otherwise to the prejudice and damage of the lay men that are the owners and possessors of them And therefore in this Kingdome wee ought not to have any regard to that prohibition made by the Councell of Lateran whereby lay men that hold tithes in fee are forbidden to make conveyance of them to other lay men for that is to make lawes about particular mens estates and thrust the sickle into another mans harvest Now the attempt which is made by the Councell of Trentâ— the thing now in question is farre greater for that of Lateran doth onely prohibit the alienation of them to lay men whereas the Councell of Trent gives Bishops power to deprive a lay man of his goods and estate of a thing which truly belongs unto him and which hath nothing spirituall in it to wit to take a part of his tithes that is a part of his inheritance from him and convert it to the maintenance of a Schoole And which is worse there must bee no appeale made from that order and decree which the Bishop shall make what abuse so ever theâ—e be in it So that both the owners and possessors of those tithes shall be deprived of their goods and the Iudges of their jurisdiction and that to the prejudice of those
Vicechancelours Notaries Registers and Executours their servants and others which have any thing to doe in what sort or manner soever with capitall or criminall causes against Ecclesiasticall persons in banishing or arresting them passing or pronouncing sentence against them and putting them in execution even vnder pretence of any priviledges granted by the See Apostolique upon what causes and in whattenor and forme soever to Kings Dukes Princesâ— Republiques Monarchies Cities and other Potentates by what name and title soever they be called which we will not have to be usefull for them in any thing repealing them all from henceforth and declaring them to bee nullities See here all the Iudges Royall both superiour and inferiour utterly despoyled of the cognizance of criminall causes 8 The twelfth Article speaks on this sort Wee excommunicate all and every the Chancelours Vicechancelours Counsellours ordinariâ— and extraordinarie of all Kings and Princes the Presidents of Chanceries Counsels and Parliaments as also the Atturneyes generall of them and other Secular Princes thogh they be in dignitie Imperiall Royall Duâ—all or any other by what name soever it be called and other Iudges as well ordinarie as by delegation as also the Archbishops Bishops Abbats Commendatories Vicars and Officials who by themselves or by any other under pretence of Exemptions letters of grace or other Apostolicall letters doe summon before them our Auditours Commissaries and other Ecclesiasticall Iudges with the causes concerning benefices tithes and other spirituall matters or such as are annexed to them and hinder the course of them by any lay authoritie and interpose themselves to take cognizance of them in the qualitie of Iudges 9 This is not all for in the following Article hee goes yet further striking a heavie blow at the Ordinances of our Kings Those also which under pretence of their Office or at the instance of any man whatsoever draw before them to their bench Audience Chancerie Counsell or Parliament Ecclesiasticall persons Chapters Covents and Colledges of all Churches or cause them to bee brought in question before them or procure them directly or indirectly under what colour soever beyond the appointment of the Canon law Those also which ordaine and set forth Statutes Ordinances Constitutions Pragmatiques or other Decrees whatsoever in generall or in speciall for any cause or colour whatsoever even under pretence of Apostolicall letters not now in practise or repeâ—â—ed or of any custome or priviledge or any other manner whatsoever or that make use of them when they are made and ordained when by them the Ecclesiasticall libertie is abolished impaired depressed or restrained in any manner whatsoever or who do any prejudice to our lawes and those of our See directly or indirectly implicitely or explicitely 10 See yet another which followes after this Those likewise which doe any way hinder the Archbishops Bishops and other Prelats superiour and inferiour and all other ordinarie Ecclesiasticall Iudges in the exercise of their Ecclesiasticall jurisdiction against any person according as the Canons the sacred Constitutions of the Church the Decretals of generall Councels and principally that of Trent doe ordaine There is further in the same Bull some excommunications against those which appeal from the Popes sentence to Generall Councels Against those that hinder Clergy or Lay men from going to plead at Rome which is a remarkable thing Against Kings and Princes which make the fruits of Ecclesiasticall livings bee sequestred upon any occasion whatsoever which concernes the right of the Crowne Against those which impose any tenths subsidies or other taxes 11 All this is leveld against the rights of the King and the liberties of the Gallican Church I aske now seeing our Popes take upon them to excommunicate our Kings which make ordinances concerning such matters their Officers and Magistrates and all others which practise them whether they will make any conscience of putting forthwith such lawes and ordinances into their Index expurgatorius Let a man goe about to put all the distinctions which hee can devise to save our liberties upon this Councell will not it bee lawfull for the Pope when he shall please to derogate from them to come in with a non obstante Doth not hee in the fore-mentioned Bull repeall all the priviledges granted by the See Apostolique His successours shall not they have the same power that hee hath 12 The other piece which wee promiseâ— shall bee taken out of the privie Counsell which was holden at Rome almost at the same time when the former Bull was sent which was found in the Advocat Davids trunk where it is said That the successours of Hugh Capet to undoe the Church brought in that damnable errour which the French men call the Liberties of the Gallican Church which is nothing else but a refuge for the Waldenses Albigenses poore of Lyons Lutherans and Calvinists at this present And in another Article it is said That all Edicts made within the Kingdome of what standing soever if they bee repugnant to Councels shall be cassed repealed and disanull'd As much as to say al the Edicts concerning the rights of our Kings the good of the Kingdome and the liberties of the Gallican Church which are all abolished and brought to nothing by the Councel of Trent A REVIEW OF THE COVNCELL OF TRENT BOOKE VII CHAP. I. That the Councell of Trent tends to the depression and abasing of the authority of Christian Princes 1 THis redoubted greatnesse to which the Pope is exalted by this Councell doth diminish as much not onely the power of Councels and Clergie-men but also that of Christian Princes These are their spoiles their Scepters their Crownes their justice their soveraigne authoritie their honours and preheminences all this is violently pull'd from them and transferr'd upon another lord In the first place they are depriv'd outright of that power which they have over Ecclesiasticall things and persons due unto them both by divine and humane law The calling of Councels is taken from them the presidence in them the approbation and authorizing of the determinations made in them the nomination election or investiture to the Bishopriques within their Empires and Dominions justice civill and criminall upon the goods and persons and discipline Ecclesiasticall and many other such like things It tacitely approves yea in many things expressely the unmeasured power and dominion which the Popes have usurped upon Kingdomes and Empires upon the election and deposition of Kings and Princes and upon all that belongs unto their state It disanuls their lawes and ordinances and on the contrarie establisheth those of the Popes and condemns all those that have defended their rights All this is handled in the former bookes and it would be impertinent to use repetitions And therefore we send the reader backe thither We will here adde that which remaines to be spoke of that subject 2 They are further grieved inasmuch as the Councell takes upon it more than belongs unto it in point
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
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