consisting of Archbishops Bishops Chapters Abbats Deanes Provosts and other Ecclesiasticall persons together with Doctors of Law both divine and humane and other learned men of the Realme and also of the chiefe Lords of France and others of the Kings Councell about the receiving of the Councels of Constance and Basil. I say Synod for so it is called in the act of Appeal of the University of Paris A while after King Lewes the eleventh assembled a Councell of the Gallicane Church and all the Vniversities in the City of Orleans as well to understand the purport of the Pragmatique Sanction as to give direction for the annates of benefices saith the Author before alledged Before we leave France wee will set downe what an English Historian saith of the Councell of Rhemes holâ—en by Pope Eugenius the third â—â—4â— About that time saith he Eugenius Pope of Rome coming into France out of the affection hee bore to Ecclesiasticall discipline set up a generall Councell aâ— Rhemes where he sitting with a great company of Bishops and Nobles there was a pestilent fellow brought before him who being possest with a devill had seduced a great many by his tricks and juglings 30 Spaine can furnish us also with such like examples and assure uâ— that when it pleased their Kings even Lay men were admitted into theiâ— Councels to have a deliberative voice there and to judge of matters 31 This may be collected from the sixth Councell of Toledo holden under King Chiutillaud and by his authority the yeere 654. where in the thirâ— chapter we reade thus Wherefore we decree and denounce with heart and mouth this sentence pleasing to God conformable to our Kings and do furthermore ordain with the consent and advice of the Grandés and honourable persons of his Kingdome c. To the same effect we finde the eighth Councell of Toledo holden under King Recessuinth and by his command subscribed with the signes of fifteene of his Officers King Eringus caused divers of his Lords and officers of the Court to assist at the twelfth Councell of Toledo holden in the yeere 681â— and ordained them for Iudges together with the Bishops to consult of such things as should bee handled there to all whom hee made this exhortation at the opening of the Councell I doe admonish and conjure you in commune both you holy fathers you right honourable of my royall Court whom we have chosen to assist in this holy Councell by the name of God and as you will answer at the dreadfull day of judgement that without all favour or acceptation of persons without any froward wrangling or â—esire of perverting the truth you treat of such matters as shall be proâ—osed unto you with a sound examination and that you expresse them with a more sound judgement His subscription to the Acts of that Councell have these words Great good will accrue to our Realme and people if these decrees of the Acts of the Synod as they were made by our procurement so they bee confirmed by the oracle of our lasting law To the end that what the reverend Fathers and Lords have ordained by virtue of our command may be defendeâ— by our Edict All his Courtiers and Officers are subsigned to the Acts of that Councell 32 The same forme was observed in England for in the yeere 905. King Edward and Plegmond Archbishop of Canterbury assembled a great Councell of Bishops Abbats and other faithfull people in the southerne parts of Englandâ— saith Matthew Westminster 33 In the yeere 1150. King Stephen having done what hee would at Yorke and the adjoyning shires returned towards the southerne parts about the feast of Saint Michael th' Archangell to keepe a Councell at London together with the Bishops and Nobles of England both for the affaires of the Kingdome and of the Church of Yorke which was then vacant 34 The yeere 1170. at the request of the King of England two Cardinals Albert and Theodinus were sent into France from the See Apostolique who having called a great assembly of Ecclesiasticall persons and Noblemen within the territories of the King of England they solemnly admitted him to purge himselfe of the murther of Thomas Archbishop of Canterbury 35 In the yeere 1190. the Bishop of Ely Chancelour of England and Lieutenant generall of the Realme in the absence of King Richard the second who was then at the warre in the Holy Land called the Bishops and Lords of the Kingdome together And presenting them upon the suddaine with the inâ—strument of his Legation hee openly declared himselfe with a great deale of pompe and insolency to be Legat oâ— the See Apostolique 36 Come we backe to the Emperours there we have the example of Othâ— the first who made up the Councell which he held at Rome for the condemnation of Pope Iohn of Ecclesiastiques and Lay men Of which ranke these are named by Luitprandus Of the Nobles Stephanus filius Iohannes superista Demetrius Meliosi Crescentius Caballi marmorei Iohannes Puisina Stephanus de Musa Theodorus de Rusina Iohannes de Primicerio Leo de Camurzuli Ricardus Petrus de Canaperia Benedictus Bulgaminus his sonne Of the communalty Peter Imperiola with all the Roman army And afterwards by their unanimous advice the Emperour pronounced the sentence of condemnation against Iohn and created Leo in his stead by the same advice 37 We have also the example of Henry the third Who saith Polanus having called a Councell at Worms consisting of foure and twenty Bishops and many of the Nobility he there commanded the decrees of Pope Gregory to bee disanulled 38 We may further alledge the example of Popes For Adrian did summon many Lay men to the Lateran Councell holden by him and Charles the great what time he caused him to bee proclaimed Emperour There was a holy Synod called saith a good Author by Pope Adrian of happy memory at the Palace of Lateran in the Church of St. Saviour which was most solemnly kept by fifty three Ecclesiasticall persons Bishops or Abbats together with â—udges Magistrates and Doctors of Law from all parts and also personâ— of all states and conditions of that City and all the Clergy of the holy Church of Rome Who made enquiry concerning the customes lawes and manners of that Church and Empire consulting also by what meanes heresies and seditions might be rooted oâ—t of the Apostolique See and treating of the dignity of the Senate and Empire of Rome seeing that by reason of these thingâ— a foule errour was spread over the whole world 39 In imitation of him Pope Leo did the like in another Councell at the Lateran under the Emperour Otho the first For as much as your â—umility saith he doth humbly desire our Apostleship that dispatching the holy Synod assembled by your advice at the Patriarchall of the Lateâ—an in the Church of St. Saviour and consisting besides of Iudges and Doctors of
the crime of sacriledge forasmuch as he is the cause of causes and the just cause and for that it is to bee presumed that whatsoever pleaseth him is just and reasonable 15 Divine honours have also beene ascribed unto him for it is appointed and prescribed in the Ceremoniall That all persons of what dignity or degree soever when they come before the Pope shall bow the knee thrice before him at a certaine distance and kisse his feet Thence followes adoration The Bishop of Zamore saith Let him be highly honoured let him be extolled and adored in all the parts of the world let every knee bow before him as is fitting they should Menotâ—â— speakes of these honours with a very good grace I will make him speake in his owne language for the elegancies sake Nec est bodie princeps super terram qui non flectat genua coram Domino Papâ qul non se multum aestimet qui ne se tienne bien fier ejus pedes osculari Ioseph Stephanus a Devine hath writ a book in our dayes which he intitles Of the adoration of the Popes feet 16 These excessive honours and this divine power which is ascribed unto him have constrained some to cry out and complaine of them In the Acts of the Councell of Rhemes under Hugh Capet wee finde these words directed to the Pope What thinke you Reverend Fathers who that should bee that is seated in the highest place who glisters with a garment of gold and purple I say who thinke you that should be if he be without charity and be puffed up and exalted onely for his knowledge then hee is Antichrist sitting in the Temple of God and carrying himselfe as God but if he bee neither grounded in Charity nor exalted in knowledge he is like an image like an idoll in the Church of God 17 The Emperour Fredericke the second in the letters which he writ to the Princes of Germany saith The Pope being growne over wealthy to the great decay of Christian piety thinkes he may doe any thing like most wicked tyrants as if he were a God he will not give any reason for his actions to any man he takes upon him that which belongs to God alone for it is thought he cannot erre 18 A German Bishop who lived under the same Emperour in a certaine Oration which he delivered in an assembly held at Rhegimburg saith amongst other things That the Popes will never have done till they have trampled all things under their feet till they be seated in the Temple of God and exalted above every thing that is adored And a little after He that is a servant of servants desireth to be Lord of Lord just as if he were God 19 One of our old French practitioners hath made the very same complaint The Pope saith hee styles himselfe in words a servant of servauts but in very deed he suffers himselfe to be adored which the Angell in the Revelation refused to doe A learned Cardinall of Florence reproves the Popes slatterers because they beare them in hand That they may doe any thing that they may doe what they please even things that are unlawfull and so more than God himselfe whence infinite errours have proceeded Hee afterwards addes that in the Councell which shall be holden about the reformation of the Church It will bee fitting to advise concerning the honour which shall be done unto the Pope that there be no excesse in it that he be not honoured as God himselfe 20 They take upon them also all power authority and jurisdiction over Emperours Kings and Christian Princes and over all temporalties whatsoever We will here insert some of their maximes concerning this point First that which they say is contained in the donation of Constantine To the end that the Pontificial dignity be not disesteemed but more eminent in glory and power than the Imperiall we give and grant to the most blessed Bishop Sylvester universall Pope our Palace and City of Rome together with all the Provinces Palaces and Cities of Italy and of the Westerne Countries wee decree by this our Pragmatique Sanction that he and his successors may dispose of them and that they shall belong to the right of the holy Church of Rome By this pretended donation all the Princes of Europe are made the Popes vassals and subjects They say further 21 That it is necessary to salvation to beleeve that every creature is subject to the Pope of Rome 22 That he is set over Empires and Kingdomes 23 That he carrieth both the temporall sword and the spirituall 24 That the Empire depends upon the Pope and that hee hath dominion over it 25 That the Imperiall or regall power is borrowed from the Papall or Sacerdotall for as much as concerneth the formality of dignity and receiving of authority 26 That he may chuse an Emperour himselfe upon just and reasonable cause 27 That he may appoint guardians and assistants to Kings and Emperours when they are insufficient and unfit for government 28 That he may depose them and transferre their Empires and Dominionâ— from one line to another 29 That Pope Zachary transferred the Kingdome of France upon Pepin 30 That the translation of all Kingdomes whatsoever was done by authority of the Pope or of some other that represented him 31 That the Empire was transferred upon the Romans by the Popes authority 32 That the Empire was transferred from the Romans to the Grecians by the Popes authority 33 That the Empire was transferred from the Grecians to the Germans by the Popes authority 34 That the Empire may be transferred from the Germans upon any other by the Popes authority 35 That the confirmation of the Emperour belongs to the Pope to whom also belongeth an universall jurisdiction 36 That the Emperour ought to swear allegeance to the Popes 37 That he cannot exercise his Imperiall power unlesse hee bee confirmed by the Pope 38 That the Pope may make the Empire hereditary if he see it expedient for quietnesse sake for just as he now ordaineth that it shall be elective so hee may bring in an hereditary succession 39 That he may change the Electors oâ— the Empire if any evident and apparent benefit of the Christian Common-wealth doe so require 40 That the Electors of the Empire may bee appointed out of another Countrey than Germany if any just reason so require 41 That he may absolve subjects from the oath of allegeance 42 That the Pope upon just cause may set up a King in every Kingdome for he is the overseer of all Kingdomes in Gods stead as God is the supervisor and maker of all Kingdomes 43 That if one be oppressed in the Court of externall judgement hee may appeal from any man King or Emperour unto the Pope 44 That the Pope hath jurisdiction over all things as well temporall
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
made no reckoning of the common salvation the Emperour therefore as the protectour of the Church would take the charge of it 7 As for our Kings wee need not doubt but they had the same authority considering they had power to dissolve Councels after they had assembled them So Lewes the 11 was used to doe witnesse Iohn le Maire Vpon a time saith he King Lewes the 11 assembled the Gallican Church and all the Universities together in a Councell in the Citie of Orleans aswell the better to understand the substance of the said Pragmatique Sanction as also to take order for the Annates of Church livings By which exaction the extreme greedinesse of the Court of Rome did vex and impoveâ—ish the Realme of France by raking up every yeere a marvellous great summe of money The President of this Councell was the late Monsieur Peter de Bourbon Lord of Beajeu But as soone as ever the points were brought in question in came the King who had altered his resolution and ere any other conclusion was determined hee gave every man leave to depart Saying that he would call them to Lions hereafter Which was never done CHAP. X. That it belongs to Emperours and Kings to prescribe the forme to Councels both for persons and matters and other circumstances 1 THe Emperours Theodosius and Valentinian writ to Cyrill Bishop of Alexandria to bring with him unto the first Councell of Ephesus certaine other Bishops out of his Province namely such as hee should thinke fit and able men The same Emperours enjoyned Dioscoruâ— Bishop of Alexandria by virtue of their letters to take unto him to the number of twentie Bishops eminent for their faith and learning and to bring them along to the second Councell of Ephesus which they had called to be holden upon the first of August It pleased the Emperour Constantius saith Sozomen to call a Councell at Nicomedia a Citie of Bithynia and to cause such Bishops of every nation as should there bee found fittest to consider of things wisely and sufficient to apprehend and argue subtley and learnedly to repaire thither with all diligence upon a day prefixed who might represent unto the Synod the whole Clergy of their severall provinces 2 They allowed also whom they pleased to go into Synods So by the Emperour Martians command there were certaine Priests and Monkes of Egypt brought into the Councell of Chalcedon Notwithstanding all opposition to the contrary they proposed what points should be disputed and prescribed what matters should be treated of The Emperours Constans and Constantius gave the Councell of Sardis leave to dispute questions and examine things anew without standing to what had beene therein already determined by former Councels So the Bishops of that very Councell assure us in those letters which they sent to Pope Iulius There were three things to be handled for the most religious Emperours gave us leave to dispute anew of all that had beene formerly determined and especially of the holy faith and integritie of that truth which they had violated 3 Iustinian did the like at the fift Generall holden at Chalcedon Martian forbade that of Chalcedon to dispute any otherwise about the nativitie of our Lord and Saviour Iesus Christ than according to the determination of the Councell of Nice The Emperours Theodosius and Valentinian writ to the first Councell of Ephesus how they had sent Candidianus their Ambassadour to the Councell to whom amongst other things they had given this in charge to see that no other question were proposed till such time as the controversies then a foot were first decided Anâ— accordingly doe the Bishops of that Councell speake in their letters to those Emperours Wee being assembled at Ephesus for no other cause than to consult and treat of the faith according to your holy Edict 4 Our French Councels afford us very pregnant proofes and presidents hereof for in the most of them our Kings caused them to consult about such points as they proposed and did often call them together of purpose to take then advice in doubtfull cases King Clovys sent certaine heads or chapters unto the first Councell of Orleans which himselfe had called there to bee discussed Which being put in execution accordingly by that Synod the resolutions were sent unto him by the Synod and submitted unto his judgement 5 King Guntrand called a Synod at Mascon chiefly to make a decree against those that travell upon the Sunday which hee confirmed afterwards by his Edict directed unto the same Synod We will and command saith hee that what we here enjoyne by virtue of this Edict be from henceforth inviolably observed inasmuch as wee have caused those things which wee now publish to bee determined as you know and juâ—ged at the Councell of Mascon 6 Carloman who is called Duke and Prince of the French assembled a Councell in France anno 742 the place wee know not to take advice of it How he might reestablish the law of God and religion which had been trodden under foot and overturned in the time of his predecessors and by what meanes Christian people might compasse their salvation and not suffer themselves to be seduced by false Priests 7 The Emperour Lewes the Gentle made an exhortation at the Councell of Aix in Germany which hee had there assembled when he came into it wherein hee advised the Bishops to take a course with some things which hee then proposed and which stood in need of reformation hee prescribed also a certaine forme unto them which they were to follow and which was applauded by the whole Councell 8 The same Emperour having by his authoritie caused a Councell to be assembled at Pavy he sent certaine points unto them commanding them to deliberate upon them and that with this clause We send these chapters unto you to consult upon them and let us know your advice for some things of lesser moment which concerne the generall yet so as they touch upon some mens particular and stand in need of reformation wee will that you pasâ—e your sentence upon them and send it to us afterwards 9 The Emperours Lewes and Lotharius called a Synod at Paris anno 824 to deliberate upon the point of images So say the Bishops there About the businesse which your Pietie commanded us namely about the case of Images 10 The same Lewes and Lotharius his sonne proposed likewise certaine heads or Chapters to another Councell by them assembled at Paris in the Acts whereof the Bishops addressing their speech to the Emperours do say Your Serenitie hath collected all that seemed worthie of correction at this present into certaine heads Vpon which heads they did deliberate 11 Lewes the Grosse having called a Councell at Estampes he made them consult whether he should acknowledge Pope Innocent who was fled into his Realme or no. And upon the advice there taken he approved of his election and
if there bee any that undertake to usurpe any thing relying upon the lustre of their cities this aimes especially at the Patriarch of Constantinople repell all such enterprises with that courage which is requisite 10 It is an easie matter now to answer all the objections of this great Disputer The pronouncing of the sentence against Dioscorus was done in this third Session The Iudges and Senatours tell us so in the next action yea and that by way of complaint Your Reverence say they speaking to the Councel must give account before God for the case of Dioscorusâ— whom you have condemned without the Emperours knowledge and ours The Synod saith in their letters to the Pope That hee is in that Councell as the head to the members That is either in respect of the Presidency in that one Action or in respect of other Bishops but not in reference to the Emperour and his officers with whom these Popes Legats never once contested but ever gave place to them with all willingnesse taking it for a great honour to supply their place and execute their charge in their absence 11 Some of our age have left upon record that Pope Leo had an aime at this Presidence and that hee required it at the Emperours hands But in good time the Doctour himselfe gives them the lye For Leo himselfe in one of his letters to the Emperour Martian saith in plain termes But forasmuch as some of our brethren wee speake not this without griefe of hearâ— have not had the meanes of expressing a Catholique constancy against the storme of falshood it is fitting that Bishop Paschasin whom I send preside in my place And in very deed he complained both to the Emperours and Empresse of Dioscorus Bishop of Alexandria his being president at the Councell of Ephesus 12 But here is that which seemes to bee more pressing than all the rest namely that the Emperour and his officers were not Iudges of controversies of faith nor pronounced any sentence in those points but submitted themselves to the sentence of the Bishops in short that they were only to guard the action from troubles and tumults Bellarmin is the man that affirmes it and one of the Presidents of the Councell of Trent before him All this is pointblanke against the truth of the Acts. When the question was about debating some point of faith the Officers of the Empire who are constantly called â—udges throughout all the Acts of that Councell and the Senatours caused that to bee rehearsed which had formerly beene determined at the Councels of Nice and Constantinople concerning that particular and withall Pope Leo's Epistle which hee writ to Flavian Archbishop of that citie And because there were some Bishops which doubted of that faith the Iudges and Senatours decreed that the matter should bee put off for five dayes during which time Anatolius Archbishop of Constantinople should make choice of some few of the most learned to instruct them that were not fully resolved so as the whole Synod should not need to trouble themselves about it Hereupon there being a diversity of opinions some approving of that Decree and others not the Iudges pronounced That which wee interposed shall be put in execution 13 In the fifth Action they caused every Bishop to make rehearsall of his Creed and the rule of faith to bee read and ordained further that certain Bishops should be chosen and shut up in St. Euphemia's Oratory with Anatolius the Archbishop and the Popes Legats in the presence of the same Iudges Some of the Bishops falling at variance hereabouts the Iudges ordained that it should bee referred to the Emperour who being perfectly informed of all confirmed the Decree of the Iudges which was afterwards put in execution The Bishops elect being assembled together with the Iudges to treat of matters of faith after they had all agreed upon them went to the Synod to acquaint them with their resolution But it is requisite to set down the very words First it is said And the Iudges being entreated thereunto by all the rest went into the Oratory of St. Euphemiaâ— with Anatolius the Reverend Archbishop of Constantinople Paschasin and Lucentius Right Reveâ—end Bishops Boniface the Priest and Iulian the Reverend Bishop of Cos deputies for the See Apostolique of the great citie of Romeâ— c. And after they had treated of the holy faith they came forth and all sate downe The most magnificent and most glorious Iudges said The holy Synod is pleasâ—d peaceably to heare what things have been determined by the holy fathers assembled together in our presence who have also expounded the rule of faith Afterwards the determination concluded upon and put in writing was read which contained a ratification of what had beene formerly determined by the Councels of Nice and Constantinople in that behalfe In the next Action the Emperour being come himselfe in person confirmed that very Creed and enacted that from thenceforth it should bee embraced 14 See here a discourse somewhat of the longest indeed which yet was no lesse than necessary to convince such as will beleeve nothing without good warrant I will further observe to doe them a courtesie that Paschasin the Popes Legat in his subscription to that Creedâ— useth this forme Paschasin Bishop in stead of the most honourable Leo Pope of the Catholique and Apostolique Church of the citie of Rome who presided at the Synod hath ordained consented and subscribed hereunto Which must bee imputed to the vanity of the man for the truth is he presided not in that Action wherein this rule and Creed was made but the Iudges as hath beene said And which is more when they are spoken of that were nominated to make it in the presence of the Lay Iudges the Popes Legats are thrice put after the Patriarch of Constantinople 15 Now I demand further yet if the Popes Legats had presided in all these Actions what would they have done more than these Imperiall Iudges did They would have made the proposals they would have chosen a certain number of Bishops to draw the forme of confession they would have caused their resolution to be read which is all one with the pronouncing of the sentence they would have interposed their authority as the Emperour did in person that the matter might carry the more weight with it If they will say that they would have given voices which the Lay Iudges did not doe wee answere It cannot bee collected from the Acts of the Councel that the Iudges did not give their opinions tooâ— for whereas they say The determination was made in their presence they doe not deny that that they had any voice in it But I will grant they did not give their owne opinions yet they were the Iudges of others opinions and might reject what was resolved upon by the Synod in case they found it to be injust this is farre more than to give a voice And indeed when
it that the five Patriarches were all there in person or by proxéy which was not so in any of the rest All this is out of question but here 's the doubt Bellarmine pretends that Pope Agatho by his Legats presided there Hee urgeth Zonaras for proofe of his assertion who makes nothing for him but indeed against him See here the passage entire Constantine called a Councell at Constantinople the chiefe whereof were Pope Agatho's Legats George Patriarch of Constantinople and Theophanes Patriarch of Antioch for Alexandria and Ierusalem had no Patriarchs at that time being then taken by the Saracens When hee saith Chiefe or Princes hee doth not meane Presidents for so all the Patriarches should have beene Presidents there seeing the word relates unto all which yet Bellarmine denies to bee so If wee would expresse it in plaine English wee should say chiefe and principall for that is the genuine sense of the author 24 If wee should admit of other Presidents over the Clergy besides the Emperour it would not bee the Pope but the Patriarches of Constantinoplâ— and Antioch for hearke what Lambert an old Dutch Historian saith of it Constantine called the sixth Synod at whose request Pope Agatho sent his Legats to the royall Citie amongst whom was Iohn then Deacon of the Church of Rome This sixt Councell was holden at Constantinople where there were present one hundred and fifty Bishops George Patriarch of the Imperiall Citie and Macarius of Antioch being Presidents Hee cals them Presidents because either of those two Patriarches were there in person and the rest onely by their deputies 25 In the next place Bellarmine saith they are named first in all the Acts. Hee should have said they are named first after the Emperour and all his Officers that assisted there That is first among the Clergy this is the honour which belonged to Rome But hee addes further that they speake first I know not where he learn'd that but I dare beleeve hee never read it I desire no more for proofe of what I say but the Acts of the Councell themselves For of all the eighteen Actions of that Councell in most of them the Popes Legates doe preside so honourably that they speake never a word In the first they put up a complaint in some others they deliver their opinion as other men doe sometimes in the first place sometimes in the last sometimes after a good many Besides this order is observed the Secretary alwayes proposeth and the Emperour determineth in the eleven first Actions and last and in all the rest the two Patricians and two Exconsuls whom hee sent and substituted in his place And in pronouncing their Decrees both the Emperour and the Iudges by him delegated doe alwayes say The Emperour and the holy Councell or The Iudges and the Holy Councell said appointed commanded ordained c. No such matter with the Popes Legates Nothing passeth without the Emperour and his Officers be it they treat of points of faith or what else so ever they discusse controversies in divinity as well as the Bishops To bee shoâ—t a man cannot collect ought out of the whole story of this Councell but that the Emperour and his Officers were Iudges and Presidents of it And yet some dare say that the Emperour was no Iudge nor formall President of it that he pronounced no sentence there And for subscription all the Clergy signed first and the Emperour last of all His Officers did not subscribe at all it was not the fashion their masters subscription was sufficient And for his subscribing first or last it is neither here nor there to the cause If the Popes Legats had presided but in one Action only as at the Councell of Chalcedon they would have beene carefull not to forget that title of honour in their subscription It is a strong argument to prove they had not the Presidence neither in show nor substance for otherwise they would surely have told us some newes of it 26 As for the other sixt Generall Councell of Constantinople in Trullo the Emperour Iustinian the second did not only call it but presided in it The Bishops thereof addresse these words unto him in their preface Our Saviour Christ hath given us in you a wise governour a pious Emperour and a true President Wee know very well this Councell is rejected but we are yet to learn the just reasons of this repulse for Balsamon Patriarch of Antioch assures uâ— the Popes Legats assisted there 27 Wee have formerly by the way made mention of the Conference at Carthage betwixt all the African Bishops both Catholiques and Donatists called by the command of the Emperour Honorius who were summoned thither by the Imperiall Officers who disputed all along before Marcellinus the President and Iudge delegated by the Emperour who in fine passed his sentence of condemnation upon them 28 Otho the first surnamed the Great called a Councell at Rome the yeere 963. and presided in it There was a great Councell held at Rome saith Lambert wherein the Emperour Otho did preside with a great multitude of Bishops Abbats Priests Clerks and Monks by whose determination Bennet was deposed from the See Apostolique This was Bennet the fifth in whose stead Leo the eighth was created Pope 29 Otho the second sonne to the former being arrived at Ravenna in the yeere 967 saith Regino and having there kept his Easter with Pope Iohn the third hee there assembled divers Bishops of Italy and Romania and himself keeping the Councel he invented many things to the profit and behoofe of holy Church Therefore he was President and Iudge in the Councell 30 The Emperour Henry the sonne of Conrade being beyond all patience displeased with the excessive Simony which had got foot amongst the Câ—ergy called an assembly of all the Archbishops and Bishops of his Empire so saith Glaber Monke of Cluny in the last chapter of the fifth booke of his History After he had made remonstrance unto them of divers things concerning that point hee set out an Edict over all his Empire saith the same authour That no degree or Order of the Clergy or Ecclesiasticall Ministery should be purchased for mony and whosoever should be found to have given or taken any thing should be deprived of all his honour and be accursed You see then hee was Iudge and President of the Councell Wee shall then conclude for hereafter that not only the Presidence in Councels but the judgement also belongs unto the Emperours 31 Whereunto wee will adde as touching this last point That from the beginning to the end of the Councels all matter of action was performed by the Emperours or those to whom they committed that charge The Convocation was made by them the place was appointed by them the forme of meeting and treating was prescrib'd by them the number of persons both Clergy and Layty was stinted by them they forbad some and commanded others to
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
powerfull and present remedyâ— than that the Pope by the consent of the Emperour call a free Councell in some convenient place of the Empire as soone as may be as at Strasburgh Mayens Cullen Mentsâ— or at some other place convenient in Germany In râ—ference to this the German Bishops assembled in an imperiall Diet at Aâ—sburg 1547 comâ—laine to Pope Paul the third for not causing that Councell to be holden in Germany and the inconveniences that followed thereupon with the little good it did See the tenure of their letters set downe by Sleidan and not contradicted by those that have written against him 2 Whereupon the Bishops of Germany sent letters unto him the 14. of September whereby they certified him of the State and danger of Germany and said it might have beene prevented if in good time the remedy had been applyed by a generall Councell to the disease when it was first a breeding for which Councell they had often importuned the Emperour that he would procure so much as that it might bee kept within the confines of the Empire that so the Bishops of the country who were princiâ—ally concerned in it might be there For considering their jurisdiction is of such a large extent it would be very inconvenient for them to travaile out of their countrey especially at this time Finally by diligence of the Emperourâ— when there waâ— not a living soule to be found at Mantua nor Vicenza the Councell was concluded upon and begun but without the bounds of Germany namely at Trent which belongs rather to Italy This was the reason there were so few Germans theâ—e nor indeed could they bee especially in a time of war when all the passages were stopped and guarded 3 The Protestants also have ever made the like demand in many severall assemblies of Germany namely that there might bee a free Councell and that it might be held in some imperiall City of Germany as well for the liberty as for the convenience And besides because the differences in religion were borne there 4 I will set downe only what they say in a letter writ by them to the Emperour Charles the fifth dated August the 11. 1546. Any body say they may easily see and perceive that this is none of the Councell with the vaine hopes and promises whereof you have a long time fed us in many Diets to wit of a generall Christian and free Councell and that it should be in Germany as wee and our associats in religion have made remonstrance to your Majestie in the last Diet at Worms 5 The King of England demanded likewise that the Councell might bee in a place free and safe out of the Popes dominions And when hee understood that Italy was the place assigned he protested against it as null in the yeere 1537. His life lyes at stake saith he that dares reprove the Pope and accuse him to his face unlesse it bee in a lawfull Councell nor he nor his are secured by safe conduct And say he were there are apparent dangers and good reason why he should not come there for it is no new thing with the Popes to violate their faith to staine and imbrue themselves in the bloud of innocents and howsoever others may safely go thither for his part he could not for evident reasons For the Pope lyes in wait for him and hates him mortally 6 The King of France made the like instance in the protestation which he sent to Trent and was presented by Monsieur Iames Amiot Abbat of Bellosane the first of September 1551. For after he had made rehearsall of the war which the Pope had raised up against him hee shewes That he could not send the Bishops of his Realme unto the Councell seeing they could not have free and safe accesse Now this demand of the freedome and safety of the place is no new thing but hath been put up at other times upon the like occasion The Vniversity of Paris in the act of their appeal whereof we spoke before makes expresse mention of the safety of the place to which the appeal should be brought The Fathers in the second Pisan Councell offer Pope Iulius the second to submit themselves to a Councell of his calling but not in Rome as he would have it but in some other free place where they needed not feare Yea they named ten Cities to him in severall places of Christendome that he might make choise of one or they would give him his choice to name ten in Italy so they were not under his jurisdiction nor under the Venetians 7 The delegates sent to the Pope at Rome by the same Councell according to the commission which was given them made proffer to the Colledge of Cardinals of all peace unity and obedience alwayes provided they should agree of a common place of safety and which stood neuter for the celebration of a generall Councell the city of Rome being much suspected both by them and many more But it is fitting we here translate word for word the reasons which were urged by that same Councell of Pisa in their apology against the Pope and Cardinals who were obstinatly bent to have the Councell in the city of Rome 8 God forbid we should thinke the Lateran a safe place to meet in and treat of the affaires of the Church with safety and truth Wee much suspect there are some ambushes lurking in the Lateran and therefore from henceforth we do most resolutely and earnestly refuse it aâ— a place notoriously and evidently suspect as dreadfull and dangerous to our lives especially now when we stand upon other protestations We confesse indeed and that confidently that place iâ— very fitting and most safe for projectors there are a great number of men well furnished both foot and horse there are strong forts a navy not farre off And lastly the City it selfe with the adjacent people trained up in armes and accustomed to the warres all at the Popes devotion There are Captaines which make but small reckoning of Cardinals and Prelates when it is the Popes pleasure And the Cardinals being already possessed with this feare are not in case to counsell what is true but what will please Nay there is not a man alive but will take his oath without scruple that the place designed at Rome is full of treacheries and very dangerous both for those who called the Councell at Pisa and all those that were present there And we know nothing in all the world so certaine but is lesse certaine than what wee said before If then the comming into the City at this time be generally reputed and esteemed to bee with the great hazard of the lives of the Fathers this refusall ought not to bee offensive For what man is hee as Clement the fifth said that will easily come before a judge guarded with a strong army Who durst or could bee thought to appeare willingly before him and put himselfe into their clutches whose violence
the Popes consent which he strives to prove by the testimony of the Pope himselfe namely of Damasus in his pontificale Wherein he behaves himselfe so mildely that he may justly bee accused of prevarication seeing that some copies have it praecepto and not consensu so that he might maintaine by the authority of Damasus that Constantine called it by the Popes command But seeing hee is not willing to undertake so much let us rest content with what hee proposeth vs 11 The Nicene Councell saith Damasus was holden in Sylvesters time with his consent So was it with the consent of other Bishops either tacite or expresse But if Bellarmin will referre this to such a consent as was necessary for the calling hee had need of another proofe Hee hath recourse unto the Acts of the sixth Generall Councell holden at Constantinople where it is said in the tenth action That Constantine the Emperour and Pope Sylvester assembled the Nicene Synod But these words which are spoken only upon the by and by some men which treat about another matter ought not to have more force than the authority of so many Historians some of which lived at the same time yea than the very Acts of the Councell it selfe where it is plainely said that it was called by Constantine without any mention of Sylvester The testimony of Ruffin will not availe him ought when hee saith that Constantine called it by the advice of the Clergy for suppose the Pope gave his advice amongst the rest yet for all that there is nothing that concernes him in particular and to limit those words to the Popes advice alone were to make that authour speake what hee never thought they should rather bee referred to the Bishop of Alexandria who entreated of the Emperour and obtained the calling of that Councell as Epiphanius witnesseth 12 The second Generall Councell was called by Theodosius in the City of Constantinople Being come to the Empire saith Theodoret speaking of him hee purposed in his minde above all things to provide for the unity of the Church and to that end commanded all Bishops of what Bishoprique soever to repaire to Constantinople The letters of that Councell written to the same Emperour are sufficient proofe hereof for after they have thanked God for giving them Theodosius for their Emperour they adde Since the time of our assembly at Constantinople by your command c. And afterwards follow the Canons of the Councel with this inscription These are the things which were decreed by the Bishops that came to Constantinople out of divers Coâ—ntries being called thither by Theodosius â—he Emperour Zonaras confirmes it By the Emperours command saith hee was the second Councell proclaimed and the holy Fathers assembled at Constantinople c. 13 In all these places there is no talking of the Popes consent Bellarmine opposeth the letters which the Fathers of this Councel have writ to Pope Damasus where they say themselves that they were assembled at Constantinople by command of those letters which hee sent to the Emperour but for this point hee hath not well understood it Wee shall make it appeare by the very text of that Epistle how the sense which hee puts upon it is farre from the words and contrary to the truth First see here the inscription of it To our most honoured Lords most reverend and most devout Fathers and associats Damasus Ambrose Britton Valerian Ascholius Anemius Basil and other holy Bishops assembled in the great City Rome the holy Senate of Orthodoxe Bishops assembled in the great City Constantinople send greeting in the Lord And a little after the beginning of the Epistle it is said But after that you proceeding by the will of God to the calling of the Synod of Rome of your brotherly charity called us thither as your fellow members by virtue of the letters of the most devout Emperour that wee alone having endured the afflictions you might not now râ—igne without us under the peace of thâ— most pious Empâ—rour but receive us rather into the society of such a Kingdomeâ— according to the word of the Apostlâ— wee have all earnestly desirâ—d if it were possible to apply our selves to your dâ—sire or rather to the present exigency leaving our owne Churches but considering how by this meanes those that were restored againe would be abandoned and many of us could not doe it by reason that wee resorted to Constantinoplâ— upon those letters sent the last yeare by your Reverences to the most holy Emperour Theodosius after the holding the Councell of Aquilâ—ia c. for this reason and others such like seeing wee cannot all come wee have intreated our brethren and companions Syriacus Eusebius and Priscian Bishops to take so much paines as to come unto you to let you understand the desire wee have of the union This Epistle is extant at large in Theodoret and the Acts of the Councell of Constantinople 14 Now wee must observe divers thingâ— which will serve us for an answer First that these letters of the Synod of Constantinople are not directed to the Pope alone but to the whole Councell assembled at Rome as is plaine from the inscription and tenure of them Secondly that those other letters which they mention were not sent by Pope Damasus to the Emperour Theodosiuâ— as Bellarmine would have it but by the Councell of Aquilâ—ia where the Pope was not present Thirdly that by those letters they neither enjoyne nor command the calling of a Councell as he dreames but only they acquaint the Emperour Theodosius as also the Emperours Gratiaâ— and Valentinian with the resolution which they had taken in their Councell about condemning the doctrine of two old men Palladius and Secundianus and some otheâ— points It is very true that they intreat them to cause them proceed to judgement and condemnation of them and some other of the same sect which gave occasion to the Emperour Theodosius to call the Councell of Constantinople 15 For full proofe of all this you need but read it in the letters which the Councell of Aquileia sent to the said Emperours the inscription whereof is this To the most milde Christian Emperâ—urs and most happy Princes Gratian Valentinian and Theodosius the holy Councell assembled at Aquileia sendeth greeting After the narration of the proceedings therein and the designes which the Arrian Bishops had there they say in fine We doe abhorre most milde Princes such execrable sacriledges and such wicked doctrines and to the end that they may deceive people no more wee have thought good that they bee degraded from their Priesthood and beseech your majesties to cause such patrons of impiety be driven out of the Church and make them be summoned beforâ— competent Iudges They further intreat them to hinder and forbid the followers of Photius from making of assemblies 16 Any man may now judge whether these letters containe any command to the Emperour for calling a Councell and whether the Pope
condemning of the Pelagians so Martinuâ— Polonuâ— And speaking of Pope Innocent the first who lived at the same time he saith indeed that he condemned Pelagiuâ— but it was not in that Councell whereto he neither gave consent for the calling of it nor had voice in the decision 13 Vnder the same Emperours there was a disputation and conference holden in the same City betwixt the Catholique Bishops and the Donatists where St. Austin was present and where all the Bishops of Africa both on the one side and the other were summoned to appeare Flavius Marcellinus one of the Emperours officers was made Iudge there to whom those who appointed the place of meeting direct these words Your greatnesse hath sent us through the Provinces according to the Emperours command and hath dispatched his edicts injunctions through all Affrica to the intent that all Bishops as well Catholiques as Donatists should come unto this conference within foure months 14 The Fathers of the Generall Councell at Constantinople in Trullo speake thus unto the Emperour Iustinian the second You ordained that this holy Generall Councell elected by the divine providence should be called together And anon Vpon this occasion we have written these holy Canons being assembled together in this Imperiall and religious City by your pieties speciall command 15 The Acts of the fourth Councell at Rome assembled vnder Pope Symmachuâ— shew that it was called by the command of King Theodoric then ruler in Italy Thâ—â— holy Synod assembled at Rome out of divers Nations by the command of King Theodoric c. 16 Those of the Synod of Aix the Chappell in Germany holden under the Emperour Lewes in the yeere 816 speake in this sortâ— Whereas the most Christian and glorious Emperour Lewes hath called a holy and Generall Councell at Aix c. He that writ the continuation of the History of Eutropius speaking of the Emperour Lewes the second the sonne of Lotharius saithâ— The royall Majestie opposed the Apostolicall dignity objecting to the Pope the ancient decrees of Fathers wherebyâ— it is not lawfull for a Prelate to excommunicate a Bishop without a Synod which Councell ought not to be called by the Pope but by the Emperour All this is spoken in favour of Iohn Archbishop of Ravenna whom Pope Nicholas the first had excommunicated 17 The Emperour Otho the Great after hee had admonished Pope Iohn the 12 and saw that hee would not amend his scandalous life Called a Councell saith Platina making all the Bishops of Italy meet to condemne that wicked person The Emperour Henry the 3 saith the same Platina having called a Councell after hee had there compelled Bennet the 9 Sylvester the 3 and Gregory the 6 as three most hideous monsters to renounce the Popedome he created Sindegerus Bishop of Bamberg Pope who was afterwards called Clement the 2. This was done in the yeare 1047 The Emperour Henry the 3 having called a Councell at Wormes consisting of 24 Bishops and divers noble men commanded that all the decrees of Pope Gregory the 7 should be cassed and cancelled 18 Radenicus speaking of the Emperour Frederick the first Supposing saith hee that after the example of the ancient Emperours as Iustinian Theodosius Charles c. the power of calling a Councell belonged unto himselfe And elsewhere hee makes Frederick speake in the same tone in that oration which he delivered to the Councell The Councell of Constance saith Iohn le Maire was assembled by the command of the Emperour Sigismond and by the common consent of the five principal Nations of Christendome namely the German French English Spanish and Italian for noting out of schismes 19 The Bishops thus called by the Emperours that wee may note this by the way were bound to goe to the Councels which is sufficiently verified out of those places wee have formerly alledged for the Emperours summons being legitimate it must needs follow that the parties summoned were bound to make their appearance But it is requisite wee prove it out of the Acts themselves for there are some of the Popes Advocates which run to this lurking hole Constantine the Great without any prejudice to those honours which he had granted unto the Bishops of the Nicene Councell writ thus to that of Tyre If there be any as I hope there are not who cunningly goes about to sleight our command and refuseth to come unto the Councell wee will send some from hence who shall dismisse him of his dignity to teach him that no man may contradict Imperiall ordinances made in behalf of the truth So the Emperour Theodosius when hee called that of Ephesus which was the third Generall Councell Nicephorus saith hee added thus much unto his letters That hee would not hold him excused neither before God nor man who should not make his appearance at Ephesus upon the day of Pentecost appointed For saith he hee who after citation to a holy assembly of Bishops doth not run with chearfulnesse hee gives us to understand that hee hath no good conscience There is yet this clause more So then wee being diligently employed about this businesse which wee have set our minde upon will not suffer any man to be absent without punishing him 20 Let us now returne to our former discourse Wee suppose our adversaries are so reasonable that they will content themselves with these many examples which wee have urged and I beleeve they will suffer themselves to be perswaded hereafter that the Councels wee speake oâ—â—ere not called by the Popes authority or consent If so those Historians which write of them doe grossely abuse us considering they never speake a word of it the Acts of those Councels which are yet extant amongst us for the most part must bee accused of falsity which are silent in a matter of such moment The Popes themselves have prevaricated in their own cause who have never mentioned their pretended consent when they speake of the convocation made by Emperours as when they make mention of the sixth General and the four first so much renowned Councels Hearken wâ—â—t Pope Gelasius saith to it in his Councel holden at Rome As for the four first Generall all Councels three of them were called by the Christian Emperours to wit the Nicene by Constantine that of Constantinople by Theodosius the elder and that of Chalcedon by the Emperour Martian Hee might have added the fourth at Ephesus which was called by the Emperours Theodosius and Valentinian Hearken what is said hereof in another place of the Decretes concerning the Councell of Millain The Emperour Valentinian desiring to put a Catholique Bishop in the Citie of Millain after the death of Auxentius the Arrian having called the Bishops together spoke unto them in this manner You know very well as being versed in Scripture what manner of man a Bishop should bee c. And afterwards The Synod desired him to make choice and nominate one
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
that against all equity hee extorted this Presidence from the Emperour and he therupon urgeth the authorities of Zonaras and Evagrius But by his Graces leave hee imposeth upon them both For see what the former saith Eutyches went to seeke Chrysaphius the Eunuch whom hee had brought over to his side and led him in a string who being in great credit with the Emperour obtained of him that Dioscorus who governed the Church of Alexandria after the death of Cyril might bee called to Ephesus with other Bishops and the opinion of Eutyches there examined The other in his first booke and tenth Chapter saith Dioscorus who succeeded in the Bishoprique of Alexandria after the death of Cyril was appointed President of the Councel For to kindle more hatred against Flavianus Chrysaphius the governour of the Palace had laid this plot very politiquely These authours in their discourses blame the carriage of the businesse and the plot which was laid for the approbation of Eutyches his doctrine and the condemnation of Flavianuâ— but they never say nor ever meant to say that the Emperor was to blame in taking of the Presidence from the Pope and conferring it upon another It may bee said furthermore that Pope Leo rejected this Councell but it was because of the unlawfull proceedings of it just as wee condemne this of Trent But for the calling of it that was so far from being unlawfull that the Pope himselfe had his Legats there 7 The Emperour Martian did preside at the Generall Councell of Chalcedon both at the beginning and the sixt Action thereof and at the opening of it hee made an oration himselfe to the Congregation as Constantine the Great had done at that of Nice wherein amongst other things he forbid them to dispute of the nativity of our Lord and Saviour IESUS CHRIST otherwise then according to the determination of the Councell of Nice And that Because saith hee we will assist at the Councell for confirmation of the faith not for ostentation of our virtue Which words Bellarmin hath made a nose of wax affirming that the Emperour doth therby protest he would not assist there as a Iudge And passing from better to worse hee further addes that in the suâ—ceding actions there were indeed some secular Iudges that presided in the Emperours name but it was only to see there were no tumult or disorder and not as Iudges of faith If the Acts of that Councell were locked up in the Archives at Rome as many other monuments are then wee might hold our peace But being exposed to the view of all the world I am constrained to say that this is to deal too saucily with the truth It is plaine from those Acts that seven Oâ—ficers of the Empire and eleven Senatours were not only Presidents but which is more Iudges of all controversies which were handled and determined there They put interrogatories both to one and other they pressed arguments against such as held any erroneous opinions they threatned to condemne them they told Pope Leo's Legats when they desired that Dioscorus Patriarch of Alexandria might be cast out of the Councell that if they would become his accusers they must depose the person of Iudges they commanded that such Acts should bee read as were exhibited to the Synod they caused men to give their suffrages they pronounced the sentence In briefe as oâ—t as the Popes Legates are named in the Councell of Trent so oft and oftner are these Iudges and Senatours mentioned in that of Chalcedon Shall wee now then averre with confidence that they were not Iudges What doe they meane then who ascribe the Presidence and judgement in this Councell to the Popes Legates They sit in the highest place so they say they speake the first they subscribed the first they pronounced the sentence against Dioscorus Bishop of Alexandria in the name of the Pope and the whole Councell Here is enough to pierce to the quicke here 's an ergo well shod with frost-nailes But let us take one piece after another 8 They sit in the first place Yes after the Iudges and Senatours and they sit not as Presidents but as deputies for the chiefe Primate or Patriarch They speak first Yes at the beginning when they exhiâ—ite a libell against Dioscorus and when the Iudges and Senatours told them that seeing they made themselves parties against him they could not assist at the judgement and at the end too when they put up a complaint against the whole Councell for giving the Patriarch of Constantinople the next degree of honour after him of Rome for setting bounds and limits to either of them As also in the third Action whereof wee shall speake anon They subscribe the formost Yes in the same third Action but not elsewhere They pronounce the sentence against Dioscorus This is it that presseth hardest But hearken to the answer Of all the Actions of that Councell which are sixteen in number there were two at which the Emperour himself was President thirteen at which the â—udges and Senatours whom the Emperour had deputed and one wherein one of the Popes Legats presided Observe how that came to passe There was neither Iudge nor Senatour present in that Action whereupon when there was a controversie about speaking Paschasin the Popes primier Legat gave the company to understand that hee had commission from his master to preside in that assembly for saith he Hee hath commanded our â—â—annesse to preside in the Councell in his stead and therefore it is necessary that what ever be proposed it bee determined by our interlocution Hee never durst speake of this presidency in any manner so long as the Emperour or his officers were there In the ensuing Actions hee never proceeded to any act of a President 9 All this makes against the Pope for from hence wee conclude that where the Emperour or his Officers are there the Pope nor his Legates have no right to preside In case they be absent it stands with good reason that some one of them that are of prime ranke and quality manage the affaires or else that they proceed in this case by election Which they would never condescend unto so much as for one day and yet it is an ordinary thing in all societies Now for priority of honour and dignity there is no question but it belonged to the Bishop of Romeâ— as being Patriarch of the chiefe citie in the Empire This is evident from the very Acts of this Councell of Chalcedon in the sixteenth Session whereof they say The Fathers have granted certaine priviledges and prerogatives to the See of old Rome because it is the imperiall citie Nor did the Pope dispute this title of presidence against the Emperour and his officers but only against the other Archbishops and Bishops For behold the very clause inserted in his instructions to his Legats By all meanes preserve the dignity of our person considering that wee send you in our place and stead And
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
so much as hee pretendeth to and lesse yet over a provinciall Councell seeing in matters of consequence he can doe nothing without it and least of all over an Vniversall and Oecumenicall Councell Nor ought we to be moved at that which wee read in the same Acts That the Pope was wont to make Synodicall Decrees valid Seeing it will not follow from thence that therefore he is above a Councell but only that Councels that is Generall ones cannot bee holden unlesse hee bee called to them which is not peculiar to the Pope but common to him with the rest of the Patriarches as wee shew in another place 10 And as for particular Councels the Pope hath nothing to doe with those which fall not to his share but are held within the Provinces of other Patriarches and Metropolitans unlesse it bee to looke upon them And to this purpose that passage of Balsamon is remarkable The meaning of the Canons is saith he that the Patriarches should bee above their Metropolitans and the Metropolitans above their Bishops Hee saith not that the Patriarches and Metropolitans may doe all without the Bishops as our Councell would have it 11 Pope Hilary gives us plainely to understand that what is ordained by a Synod though it be but a Provinciall one is of more force by a great deal than what is done by authority of a Pope alone For being desirous to reforme certaine abuses which were current in his time he proposed the matter to the Synod which he had assembled in the City of Rome and saith afterwards And to the intent this may be the better looked to for the future if you please give us your advice and set your hands to it that so the gate to things unlawfull may bee shut up by the judgement of a Synod To which it was answer'd by the Synod Wee confirme it and declare it so to bee And from this very clause it followes that if the confirmation give any authority to the party confirming above that which is confirmed as Bellarmine pretends a meere Provinciall Councel shall bee above the Pope 12 Pope Iohn the eight having excommunicated Count Lambert and Count Adalbâ—rt and some others which had evill entreated him in Italy he came into France the yeare 870 where he called a Synod at Troyes consisting of the Bishops of that Kingdome and the Low Countries to desire their consent to that excommunication which they accordingly granted him This he would never have done if his authoritie had beene greater than the authoritie of Councels 13 The Pope otherwhiles at his creation was wont to take an oath to observe Generall Councels Pope Gelasius saith there is never an Episcopall See which is more bound to keepe the Canons of Generall Councels than that of Rome Howbeit at the end of his Epistle hee fals into the Popes disease The Dardan Bishops complaine of him for condemning Achatius by his owne authoritie without calling a Councell 14 Gregory the Great saith that hee reverenceth the foure first Generall Councels as the foure Gospels and that he holdeth the fift also in great esteem and presently addes Whosoever presumes to loose those whom these Councels binde or binde those whom they loose hee destroyes himselfe and not the Councels 15 The saying of St. Ierom which hath been inserted in Gratians Decree and therefore must be received at this day as one of the Popes sentences is of no meane consequence who being of opinion that Deacons are inferiour to Priests which hee proveth by many reasons to that objection made against him that it is otherwise observed at Rome he answers If wee must come to authorities the world is wider than one Citie let the Bishop bee in what part of it soever be he at Rome be he at Eugubium be he at Constantinople be he at Rhegium be he at Thebes he is still of the same merit and like priesthood The power or riches and the humility or poverty doth not make a Bishop greater or lesser Lastly they are all the Apostles successors But you will say unto me How comes it to passe then that at Rome a Priest is received into Orders by the testimony of a Deacon Why doe you object the custome of one Citie against me See here is enough to prove that the Pope is inferiour to a Councell seeing that which is practised in his Church cannot bee a law to others seeing the meanest among the other Bishops hath as much authoritie as he For if he be above a Councel then all the rest are so and if he deny it them hee makes a law against himselfe too What were the Popes a thinking of when they undertook to pronounce out of their owne mouth that which Saint Ierom spoke to their discredit The Glossatour it seemes tooke this for currant money when he collected from thence That the Decrees of a Councell prejudice the Decrees of a Pope when they are repugnant 16 All that is brought to stop this gutter is but lanternes and cresset-lights As namely that the Pope is Lord of the world that the question is there about a custome not ordained by the Pope that a Councell is not all the world To puffe away all this dust there needes no more but to compare what they say with the words of the produced passage He is Lord of the world say they And yet for all that Saint Ierom gives no more aâ—thoritie to him than to the sorriest Bishop Yes he is so but it is in spirit just as the Patriarchs of Constantinople and Alexandria and other such like which are nowadayes created by him He speakes say they of a custome not authorized by the Pope then Saint Ierom is beside the cushion when hee quarrels with the Pope himselfe about it But a Councell is not all the world Surely no not with the Pope to boot seeing he is but of the same size with another Bishop 17 I will helpe them to a better cudgell to beat Saint Ierom with Saint Ierom For as it seemes not remembring himselfe what he now saith to Pope Evagrius speaking to Pope Damasus hee saith This is the faith most blessed Pope which we have learned in the Catholique Church and which wee have alwayes maintained But if perchance there be ought amisse in it we desire it may be corrected by you who hold the See and faith of Saint Peter But if this my confession shall be approved by the judgement of your Apostleship whosoever shall reprove me will but shew himselfe an ignorant or malicious person or somewhat besides a Catholique to wit a heretique I will not here set downe what was patched to it afterwards seeing Gregory the thirteenth in his new edition hath confessed that it was a Pope that spoke it and not Saint Ierom. Besides that the passage there added taken all together plainly shewes that what is there spoken of this point is no more but a bare wish 18 See here now
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
Altar upon which the blessed Sacrament stands in the said Church of Saint Hilary of Chartres every day in Lent 37 Item our said holy Father according to the priviledges given and granted in the Hospitall of the Holy Ghost and other places particularly mentioned at which the stations both within the City of Rome and without the walls of the said City are appointed to be doth give unto all the Brothers and Sisters which shall visit the said Altar upon which the blessed Sacrament of the Altar resteth in the Church of the said St. Hilary upon the dayes following Inprimis The first day of Lent three thousand yeares of true pardon and plenary remission of all his sinnes over and above Thursday ten thousand yeares Friday ten thousand yeares Saturday ten thousand yeares The first Sunday in Lent eighteene thousand yeares of pardon and remission of all sinnes to boot Munday ten thousand yeares and a plenary indulgence Tuesday twenty eight thousand yeares and as many quarantains and remission of the third part of their sinnes and the delivery of one soule out of Purgatory Wednesdayâ— twenty eight thousand yeares and aâ— many Quarantaines and remission of the third part of their sinnes Thursday ten thousand yeares of true pardon and remission of all their sins Friday thirteene thousand yeares of true pardon and plenary remission of all their sins Saturday twenty eight thousand yeares and as many quarantaines and besides remission of all their sinnes The second Sunday in Lent twenty eight thousand yeares and as many Quarantaines Munday ten thousand yeares of pardon and remission of the third part of their sinnes Tuesdaey ten thousand yeares Wednesday ten thousand yeares Thursday ten thousand yeares Friday ten thousand yeares Saturday ten thousand yeares and besides remission of all their sinnes with the deliverance of one soule from the paines of Purgatory The third Sunday in Lent ten thousand yeares and twenty eight quarantains of true pardon and deliverance of one soule out of Purgatory Munday ten thousand yeares Tuesday ten thousand yeares Wednesday ten thousand yeares Thursday ten thousand years Friday ten thousand yeares Saturday ten thousand yeares and plenary remission of all their sins The fourth Sunday remission of all their sinnes and deliverance of one soule from the paines of Purgatory Munday ten thousand yeares Tuesday tenne thousand yeares and remission of the third part of all their sinnes Wednesday tenne thousand yeares and remission of the third part of all their sinnes Thursday ten thousand yeares Friday ten thousand yeares Saturday ten thousand yeares The fift Sunday which is the passion Sunday of our Lord Iesus Christ twenty seven thousand yeares and as many Quâ—rantains with remission of the third part of all their sinnes and they may get these pardons twice a day visiting the said Altar as is aforesaid Munday ten thousand yeares Tuesday ten thousand yeares Wednesday ten thousand yeares Thursday ten thousand yeares Friday the deliverance of one soule from the paines of Purgatory Saturday twelve thousand yeares of pardon and deliverance of one soule out of Purgatory The sixt Sunday being Palme Sunday twenty five thousand yeares and forty eight quarantains of true pardon and besides remission of all their sins Vpon this day they may gâ—t the said pardons twice as was said of the former Sunday Munday twenty five thousand yeares and remission of the fourth part of all their sins and besides plenary remission of all sins Tuesday twenty eight thousand yeares and plenary remission of all their sinnes over and above Wednesday eighteene thousand yeares Thursday twelve thousand yeares and as many quarantaines and remission of all their sins beside Good Friday a great number of pardons and indulgences and plenary remission of all sins Saturday before Easter two and twenty thousand yeares and forty eight quarantains of pardon and plenary remission of all sins Easter day twenty eight thousand yeares and as many quarantains of pardon and plenary remission of all sins Easter Munday twenty eight thousand yeares and as many quarantaines of true pardon and plenary remission of all sins Easter Tuesday ten thousand yeares Wednesday fifteene thousand yeares and as many quarantaines and the deliverance of one soule out of Purgatory Thursday fifteene thousand yeares and plenary remission of all sins Friday fifteene thousand yeares Saturday fifteene thousand yeares and plenary remission of the third part of all their sins And they may have them twice a day as before Low-Sunday fifteene thousand yeares and plenary remission And they may gâ—t them twice a day The Stations after Easter in the said Church of S. Hilary doing as is set downe before and visiting the said altar of the blessed Sacrament 38 Imprimis St. Marks day eighteen thousand years and as many quarantains Ascension day twenty eight thousand years and as many quarantains Whitsun eve fifteen thousand years and remission of all sinnes Whitsun Sunday twenty eight thousand years and plenary remission of all their sinnes Whitsun-munday remission of all sinnes Tuesday twenty three thousand years Wednesday twenty eight thousand years and as many quarantains and remission of the third part of their sinnes and the deliverance of one soul out of Purgatory besides The Stations of Advent in the said Church of St. Hilary 39 The first Sunday in Advent twenty eight thousand years and as many quarantains and remiâ—sion of the third part of all their sins The second Sunday eleven thousand yeares and plenarie remission of all sinnes granted by St. Sylvester The third Sunday twenty eight thousand years and as many quarantains and remission of the third part of their sins The Wednesday in Ember week twenty eight thousand years and as many quarantains and remission of the third part of their sins Friday eleven thousand years and plenarie remission of all sins Saturday twelve thousand years and as many quarantains and plenarie remission of all sins The fourth Sunday eleven thousand yeares and plenarie remission of all sinnes At the second masse upon Christmas day which is called the day-breake masse twentie eight thousand years and as many quarantains and plenarie remission of all sinnes St. Stephens day twentie eight thousand years and as many quarantains and plenary remission of all sinnes St. Iohn th' Evangelists day twentie eight thousand yeares and as many quarantains and plenarie remission of all sinnes Innocents day fifteene thousand years and as manie quarantains and remission of all sinnes The day of Circumcision which is new-years day twentie five thousand years and plenarie remission of all sins Twelfth day twentie eight thousand years as manie quarantains and plenarie remission of all their sinnes Septuagesima Sunday eleven thousand years and fourtie eight quarantains and the remission of the third part of their sinnes with the deliverance of one soule out of purgatorie Sexagesima Sunday thirteen thousand years and fortie seven thousand quarantains and remission of the third part of their sins Quinquagesima Sunday twentie eight thousand yeares and as manie
summe of money which the Popes were wont to pay the Emperours for their Ordination Yet so these are the very words as he that is elected shall not be consecrated till the Generall Decree bee first brought unto the Royall City of Constantinople according to the ancient custome to the end that the said consecration may be performed with his consent and command The words according to the ancient custome are worth the noting to shew that this was no new established thing for the Emperour had both the right of the one and the other so saith the Glosse that is both of receiving something at the election and of granting the confirmation of it But the example of Pope Vitalianus who is spoken of in the same Canon makes the point clearer Vitalianus according to the custome sâ—nt his Legats with a Synodicall epistle towards the royall City to the most pious Emperours to give them notice of his institution Now this Vitalianus was promoted to the See in the yeare 1657 under the Emperour Constantine the third who reigned together with his brother Heracleon as the Archbishop of Cosâ—â—â—â— tels us who relates the very same story 11 Boniface the first entreated the Emperour Honorius by his letters and Ambassadours to see that after his death the eleâ—tion of the Popedome were made without contentions and corruptions See here the inscription of the letter which hee sent unto him which wee read at this day in Isidores Decree printed at Paris both in a great and lesser volume the yeare 15â—4 and 1535â— and afterwards at Cullen in 1567. Here begin the Decrees of Pope Bonifaceâ— The epistle wherein hee entreateth the Emperour Honorius to see that hereafter after the election of the Pope bee not carried by canvassing at Rome After this letter of Boniface follows the Emperors answer with this inscriptioÌ„ The Constitution of the Emperour Honorius sent to Pope Boniface wherein hee ordaines that if hereafter two Bishops bee created at Rome the one or other of them shall bee driven out of the Citie And the text sayes thus Let every man know that these canvassings must be left off But if peradventure by reason of the remeritie of the factions there bee two chosen against the law wee will not that either of those two bee the man but that hee alone shall enjoy the See Apostolique whom the judgement of God and the consent of the world shall chuse 12 Wee will urge the examples of Pope Symmachus and Gregoriâ— the Great out of Marsilius though wee could take them out of the authours whence hee had them The like we read saith hee of Symmachus borne in Sardinia for he being elected by discord together with one Laurentius was confirmed Pope of Rome by the judgement of King Theodoric Hear what Martin saith also of St. Gregorie Hee was chosen Pope saith hee and the Emperour Maurice gave his consent by his Imperiall letters Others say that St. Gregorie would not receive the consecration till such time as hee had the Emperour Maurice his consent 13 There are two things especially objected against all this First the disclaime which is said to be made by Lewes the Gentle King of France and Emperour of Rome by an expresse compact made betwixt him and Pope Paschal whereby hee promiseth That none of his Kingdome French man or Lombard or of any other nation within his dominions shall have any power or leave to doe against the Romans privately or publiquely or to proceed to any elections suffering them to consecrate him whom they have elected with concord and common advice sending Legats unto him and his successours the Kings of France after the consecration to make peace and amitie with him In the second place is objected the constitution of the Emperour Henrie the first where it is said That none sent by us shall bee any impediment to the election of the Pope of Rome Which makes Gratian conclude that From these Ordinances and from the compact of the Emperour Lewes it appeares that the Emperours have renounced those priviledges which Pope Adrian granted to the Emperour Charlemagâ—e and in imitation of him Pope Leo to Otho the first as touching the election of the Pope of Rome And this is now adaies taken for Oracle and followed yea practised 14 There is nothing more easie than to discover here errours and falsities both at onâ—e Divers learned men of this age have undertaken to prove that this pretended compact of Lewes is spurious as well as the Donation of Constantine And one of the maine arguments is because there are two evidences of this imaginarie agreement produced the one different from the other both in words and substance yea even in matters of greater moment In one place it containes a donation of the Citie of Rome and many more in Italie unto the Pope Whereas notwithstanding all Histories teach us that they never pretended to the dominion of it nor became Lords of it tilâ— in later times they tooke it into their hands by usurpation Adde hereunto that ancient Historians some whereof were contemporaâ—ies and familiar with this Emperour speake not a word of it though they set downe his life even to the smallest particulars But let us grant them this that this instrument is true be it never so false What doe they gaine by it for the election of Pope Leo the seventh by whom the power granted to the Emperour Otho the first and his successors of instituting the Pope and all other Archbishops and Bishops is much yonger and it is a common rule That the latter lawes derogate from the former Which will serve also for an answer to the constitution of Henry the first inasmuch as the fore cited Synod was after it too For this Emperour reigned about the year 920 and the fore-mentioned Synod was holden about the year 937. 15 But see yet more law After all this Pope Stepheâ— the ninth who lived about the year 1057 under the Emperour Henry the second ordained that there should bee no consecration of the Popeâ— unlesse it were in the presence of the Emperours Ambassadours according to the custome and forme set downe by the Canons And after that yet Pope Nicholas the second having caused a forme of the Popes election to be prescribed by a Councell of Lateran holden the yeare 1059 in such sort as that it must bee done by the Cardinall â—ishops and Cardinall Clerks so they called them in those dayes with the consent of the rest of the Clergy and people hee addes Saving the honour and reverence due to our welbeloved sonne Henry King at this present and who will beâ— Emperour ere long 16 And this is so true that even his successours used to do so till Pope Gregorie the seventh who came to the Popedome in the yeare 1073 who received also his confirmation from the Emperour Henrie the fourth witnesse Plâ—tina In fine saith he after divers embussyes both upon one
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
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
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
he hath good reason to be afraid of Which is a thing to be feared of right and which we usually eschew which reason enforceth us to doe and which nature abhorreth As for the Popes faire words in offering us safe conduct and his promise to receive and intertaine us courteously and lovingly these will not serve either to remove or lessen the just feares which possesse the minds of the Fathers For what faith and promise can be made with more solemnity than that of the Conclave confirmed by vow and oath and that in forme of a contract Yet the late creation of Cardinals whose liberties were not preserved doth give sufficient testimony how it was kept But suppose we were in hopes that his Holynesse will keepe his promise with an upright heart without suffering himselfe to be transported either with hate or choler how can the Fathers be assured in their hearts when they looke backe upon things by-past though his Holynesse should not be touched with indignation Popes are men and God saith there are twelve houres of the day Who will secure us against the infinite number of persons which depend upon the Pope against the injuries and affronts of those lewd people which swarme in the Court of Rome The intolerable wrongs the cruell insolencies the horrid and unheard-of butchering which some Fathers have suffered that followed the Court are a sufficient item to us and make us more wary Not to goe far for examples the Pope himselfe when hee was but yet of an inferiour order hath sufficiently instructed us how far wee may rely upon the safe conducts of the Court from which there is no appeal for he was wont to say It is a great peece of folly to change life and liberty with the skin of a dead beast that is with a parchment of safe conduct It will be hard for him to make others beleeve what himselfe was so resolute not to beleeve and that for so long a time Which indeed stands with good reason for even Innocent the fourth tels us that no man is bound to put himselfe into the power of his enemy with letters of safe conduct Hereupon the former Popes after they had got Armies Garisons and Cittadels into Rome were wont to assemble Councels in other places rather than there And if there be no more liberty allowed to the Senat than what they now have if the Popes doe not take another course of life and government than they doe no man can ever thinke that in such kinde of Ecclesiasticall liberty as this there is any fit and convenient place for receiving the Holy Ghost who doth usually reside in free soâ—les assembled in a Councell Seeing then that the exception against the place is proved to be lawfull by all right and reason seeing the profer of safe conduct cannot in right and reason remove the just feare which is such as may bee incident to men of fortitude would to God those projectors would make no more mention of the place of the Lateran for by standing so peremptoriâ—y upon the difficulty and difference of place they give no small occasion of susâ—ition that they doe not so much desire that the Synod should be held at the Lateran as to hinder the holding of it at Pisa or elsewhere 10 All the reasons alledged in this Apology are very pat for the Protestants They alwayes demanded that the Councell might be kept in Germany this demand was repeated in all the Diets hâ—lden in those dayes The Câ—tholique Princes and States of Germany made the same request to Pope Adrian the 6â— in the Diet of Noremberg as we said before but there was â—o wâ—y to compasse it The Pope hath not yet forgot the Councels of Constance and Basil. He thinkes Germany is fatall to him but the worst is he will not bâ—â—ge out of Italy One while he will have it at Mantua anon at Vicenza tâ—en at Trentâ— afterwards at Bonony lastly at Trentâ— but still in Italy For it cannot be denied but Trent is in Italy although in the description of it at the beginning of the Councell it is said to be in the confines of Italy and Germany All antiquity puts it in Italy Ortelius in his Theater of Geographyâ— puts it in the map of Italy This City was otherwise no lesse formidable to the Protestants than Româ— was to the Pisan Fathers The Bishop was Lord of the Towne and the Pope of the Bishop who had taken an oath of him and was bound unto him bâ— a red hat which he received from him Besides it is a City subject to treacheries and ambushments the places thereabouts being at the Popes devotion The denyall of having the Councell kept in Germâ—ny or any other plaâ—e of free accesse breeds a suspicion of fraud and false-dealing As for safe conduct that was offered here also but if they of Pisa could not rely upon it much lesse the Protestants especially so long as the memory of Iohn Hâ—â— and Ierom of Prague was not extinct and the decree of the Councell of Constance stood in force which saith that proces must bee made agâ—inst heretiques notwithstanding the safe-conduct of the Emperour and other Kings and some shift might be found to wave that also which was granted by the Councell 11 There needed no more but that one Canon Bad promises must be broken to thunder-strike all heretiques notwithstanding their safe conduct and that rule which is given us by Boniface the eighth It is not necessary for a man to keepe his word in unlawfull promises And God knowes there was no wâ—nâ— of such Doctors as would put such a glosse on those decrees as would best suit with the point in question For is there any thing worse than a hereâ—ique to communicate and converse with them is it not a kinde of contract is it not aâ— obligation The Canonists advise us not to trust too farre to such safe conducts and excuse them that take their councell from all defaults that they can incurre acquitting them from all sentences and proces made against them which they brand with a nullity 12 When the great schisme was in the time of the Emperour Sigismond for the appeasing whereof the Councell of Constance was called thâ—re was a great deale of ceremony about chusing the place That very point was held so materiall that the winning or losing of the cause was thought to depend upon it They agreed well enough of the time so the Germane Chroniclâ—s but a great controversie there was about the place The Popes perceived well enough that the place was all in all and no question but he of Rome had beene cast had it beene in any place that acknowledged him of France for the true Pope and on the contrary the French Pope deposed if in a place where the Romane was taken for thâ— lawfull Pope And therefore they contended a long time about the place Pope Iohn did wisely dissemble and not communicate his counsell save to
one or two his chiefe care was that it might not be in any place where the Emperour was the stronger party Which notwithstanding fell out against his will which almost made him to despaire The Legats being returned to the Pope say those Chronicles meaning Iohn the three and twentieth and having certified him of the place of the Councell which was agreed upon he had like to have gone mad by reason of the excessive griefe he conceived thereupon and cryed out hee was undone and began to cast about for the alteâ—ing of it But all his counsellors lying their heads together could never invent a pretence faire enough to bring that about Nauclerus hath the very same in a manner who brings in the testimony of Aretin in this sort 13 We must not omit saith Leonard Aretin a memorable accident which fâ—ll out then whence we may learne that all things are disposed from aboveâ— The Pope saith he had secretly imparted unto me his intention and designe he was the Popes Secretary saying unto me All depends upon the place of the Councell I will not have it in a place where the Emperour is stronger than I wherefore I will give a large commission and authority to the Legats whom I shall send for fashion sake which they may shew in publique but in private I will restraine their power to certaine places and he told me the number of them Persisting many dayes in this minde the time came that he must dispatch the Legats Then having caused all other to avoid the roome my selfe onely excepted saith Leonard he communed secretly with the Legats and exhorted them with many arguments to be diligent in performing the charge of their legation representing unto them how the businesse thâ—y were sent about was of great importance then coming to curry favour with them he commended their discretion and fidelity saying they knew better what was fitting to be done than he himselfe did While hee was speaking and repeating these things his affection did alter in a moment a plot which was long before intended I had purposed said the Pope to nominate some places to which and no other you should condiscend but I have changed my minde at this very instant and leave all to your discretion consider with your selves what will be safest for me and what I need be afraid of Then in their presence hee tore the Paper wherein the names of those places were writ without naming any place at all to them The Legats being dispatched towards Sigismond pitched upon the City of Constance for the place of the Councell which was within the Emperours dominions But when Pope Iohn heard of it you would not thinke how he was grieved at it hee cursed himselfe and his fortunes But there is no resisting of the will of God God had ordained long before that there should be but one â—â—ock and one shepheard 14 Amongst other nullities the States of Germany assembled in the Diet at Francford the yeere 1338. doe urge against the sentence and proceeding of Pope Iohn the 22. and his Councel concerning the excommunication of Lewes the fiâ—th the little safety in the place appointed for the Emperour to make his appearance at That the citation say they in a Decree which runnes in the Emperours name binde the party assigned to appeare it is requisite there bee a time appointed him and that the place where he is to make his appearance be safe But it is notoriously knowne that this same Iohn doth beare a capitall hatred to us and hath with an army of souldiers pursued us our liegemen and confederates Besides the City of Avignon the Pope himselfe and the Lord of it have a long time hated both us and the Romane Empire wherefore it were senslesse for any man to say that such a summons was Canonicall for on the contrary it is utterly void and invalid in law 13 The authority of Clement the fifth may serve to prove that those who are summoned need not appeare but in a place of safety in as much as his disanulling of the sentence of condemnation pronounced by the Emperour Henry the sixt against Robert King of Sicily was mainly grounded upon this very consideration It is a thing evident and unquestionable saith he that during the time of this proces and quarrell even then when the sentence was given there was alwayes a great army about the Emperour that pursued the King and his partakers with mortall hatred and that the City of Pisa where the sentence was given had an ancient grudge against the said King as every body knowes Supposing then that the King was lawfully cited upon those grounds by the Emperor was he bound to come before a judge that was accompanied with a great army one that hated and was incensed against the party summoned as was said before Was he bound to appeare in a populous place of great strength and which bore hatred towards him who durst doe so or by what râ—ason should any man be bound to bide his doome in such a Consistory to cast himselfe into his enemies bosome to present himselfe voluntarily to die and that for no just cause but by an open injury He were a foole that would thinke such a citation bound the party cited to make appearance 16 All these considerations hold good against the Councell of Trent For besides that all the Cardinalls all the Archbishops Bishops Abbats Priours and others that bore place in it were enemies to the Protestants and to them that were out of favour with the Pope the City was at enmity with them and the Lord of it Moreover the Popes armies were almost continually abroad in Campania during the time of the Councell either against the Protestants or against the King of France or upon other occasions as we shall shew anon 17 Nicholas the first speaking of the suit which was betwixt King Lotharius and his Queen Thieberg whom he put away from him ordaines that the cause shall bee debated in a place of safety where they need to feare nothing Wherefore it is fitting saith he to procure such a place where the force of a multitude needs not to be feared And the glosse upon it This is an argument that the judge is bound to provide a place of judgement for the hearing of the cause where the parties may meet freely and safely Which glosse is approved by the common opinion of the Canonists 18 Innocent the third will have it to be a just occasion of appeal when the party is appointed by the judge to come to a place which is not safe As often saith he as you shall be summoned before any judges if it be dangerous to appeare before them you may lawfully become appellants 19 Innocent the fourth speaking of the satisfaction which he offered to make the Emperour Frederick and referred it to be determined by Kings Princes and Ecclesiasticall persons whom he offered to call together in
some place for that end makes expresse mention of the safety of the place Wee are ready saith he to assemble Kings Prelates and Princes both spirituall and temporall in some place of safety And the glosse upon this A judge should appoint such a place or else there is a just cause of appeal although it bee said that no appeal shall be admitted 20 Ivo Bishop of Chartres complaines of the Popes Legat because he had chosen the city of Bloys there to decide the cause of the Clergy of Chartres who could not repaire thither with safety by reason of the populacy of that City 21 The same Bishop having a controversie with some of his Clergy depending before the Archbishop of Sens his Metropolitan intreats him to appoint a place for judgement whither they might goe and come with safety 22 The Legat we spoke of having appointed a Councell consisting of French Bishops to meet at Sens for the absolution of King Philip the first from the excommunication which was darted out against him by the Pope by reason of his unlawfull marriage hee gives him notice that hee might have done better to have proceeded to that absolution in another place then Sens that so every one might have had meanes to speake his opinion freely 23 The Doctours of the Canon law doe all agree that an exception against the safety of the place is pertinent and ought to be admittedâ— that it is good both by the Civill law and the law of nature that a man summoned to a place where any danger threatens him is not bound to appeare nor to send his proctour and that a judge is bound to assigne the parties a place of safety for the hearing of their cause otherwise there is just cause of appeal CHAP. VIII That all those who ought to have had a decisive or deliberative voyce in the Councell were not called 1 COmplaint is made also that all those who ought to have had a consultative or deliberative voyce in the Councell were not called thereunto Paul the third by his Bull dated in May 1542 and Pius the fourth by his in November 1560 call none to that Councell to deliver their opinions but Cardinals Patriarchs Archbishops Bishops Abbats and Generals of Orders They doe not mention in expresse termes either the first or the last of these but yet they are comprehended under those words All others whosoever which are restrained to them alone For this sense the Popes expositors put upon them and this is the form which is received in the Church of Rome witnesse Bellarmine and those whom he urgeth Nor was there any but those who had voices in the Chapter of the Councell All the petty Ecclesiastiques had nothing else to doe there but to pick their fingers or to pen neat speaches of such matters as were there treated of But for decrees those lettice were not for their lips All this is confessed by the Doctors themselves yea and defended too The Popes whom I named exhort those whom they call thither that they should not faile to come there yea they straitly injoyne them by vertue of that oath which they have taken to them and to the Holy See which cannot be referred neither to Protestantsâ— nor any other that have drawne back from their obedience to him nor yet to Lay men howsoever obedient 2 Hence two complaints arise one that the Ecclesiastiques of the Protestants side being they could not have a deliberative voice there had nothing to doe to goe thither The other that the Laiques of both religionsâ— have ground of complaint being excluded from this judgement As for the firstâ— when any controversie arose diverse courses have beene taken to compose the differences in religion Sometimes the Emperours have appointed judges before whom both parties came and discussed their opinions freely Phâ—tinus Bishop of Smyrna being accused for a heretique by the Councell there was afterwards admitted to dispute with the Catholique Bishops In which dispute saith Sozomen certaine judges were ordained for presidents of the Councell who from that time forwards were accounted men of prime rank in the Palace both for knowledge and dignity After many objections and answers pro and con Basil Bishop of Ancyra who defended the doctrine of the Catholiques got the victory and Photinus was condemned and sent into banishment At the generall Councell of Chalcedon which consisted of six hundred Bishops there were diverse officers of the Emperours Valentinian and Marcian and a good number of Senators that came to preside there yea and to judge of all differences and controversies even such as concerned faith and religionâ— who behaved themselves so that in some points they swayed that great company of Bishops by their advice As we have observed more particularly in the title of the presidency in Councels Honorius the Emperour to lay the quarrels that were in his time between the Catholiques the Donatists in Africk called them all together at Carthage and deputed Marcellinus one of his officers to bee judge who after hee had heard all along the reasons on both sides pronounced the sentence of condemnation against the Donatists Wherein he saith amongst other things 3 To the end that apparent errour may undergoe the yoke of revealed truth by the authority of this present Edict I advise all men of what condition soever landlords stewards and farmers as well which hold of the Crowne as of private possessions with the Ancients in all places that not forgetting the lawes their own dignity honour and safeguard they doe their endeavour to hinder all Conventicles of the Donatists in all townes whatsoever who shall be bound to surrender up to the Catholiques those Churches which I allowed them of courtesie untill the day of sentence without commission from the Emperour 4 Possidius that writ the life of St. Austin reports as much in plain terms This happened mainly saith he by occasion of the conference which was at Carthage betweene all the Catholique Bishops and the Donatists by the command of the Emperour Honorius who sent Marcellinus the Tribune into Africk to be judge in that collation In which controversie the Donatists being throughly confuted and convinced of errour by the Catholiques were condemned by the sentence of the judge He addes moreover that they appealed from that sentence to the Emperour and that they were afterward condemned by him and declared heretiques 5 Pope Miltiades also with some other Bishops had passed sentence in that cause but the Donatists being not well content with his judgement the Emperour remitted them afterwards to the Bishop of Arles as St. Austin relates That which Cardinall Iacobatius a stickler for the Popes authority saith is very remarkable that lay-men were sometimes admitted to Councels to bee judges betwixt those that canvassed some deepe point Hereupon saith he in a Synod holden in a Councell before Constantine and Helena where it was disputed whether
the Iewish law or the Christian should bee preferred Craton the Philâ—sopher who would not possesse any worldly goods and Zenosimus who never received present from any one in the time of his Consulship were appointed for judges With which doth accord to speake it by the way but not much from the purpose that saying of Gerson the learned Chancelour of Paris There was a time when without any rashnesse or prejudice to faith the controversies of faith were referred to the judgement of Pagan Philosophers who presupposing the faith of Christ to be such as it was confessed to be however they did not beleeve it yet they knew what would follow by evident and necessary consequence from it and what was repugnant to it Thus it was in the Councell of Nice as is left unto us upon record So likewise Eutropius a Pagan Philosopher was chosen judge betwixt Origen and the Marcionites who were condemned by him 6 When any upstart opinion or heresie was broached the manner was to proceed against them by assembling Councels against the authors of them whom they condemned together with their heresies which they were forced either to abjure or to suffer banishments and other punishments Hereof we have examples in store so well known that we need not set them down 7 Sometime they had free Councels unto which it was lawfull for the Bishops of both sides to resort dispute and deliver their opinions We have some examples hereof which would suit very well with these times and which we ought to imitate The two Emperours Constans and Constantius the one a Catholique the other an Arrian the one of the East the other of the West to decide the controversies in religion agreed together to call a free and generall Councell at Sardis whither all the Bishops of both parties might have meanes to repaire with all safety Which was done accordingly Then was there a generall Councell appointed saith Socrates and ordained that all should repaire to Sardis a City of Illyrium which was done by the joynt consent and agreement of tâ—e Emperours the one having required so much by his letters and the other of the East having willingly embraced the motion By the consent of both Emperours saith Sozomen it was ordained that the Bishops of either part should meet at Sardis a City of Illyrium upon the day appointed 8 The Councell of Ariminum consisting of above foure hundred Bishops almost all of the West and that of Seleucia of above an hundred and six Eastern both holden about the same time were of the same nature with this For all the Bishops both Catholique and Arrian were without distinction admitted thither both to dispute and to determine The Bishops in those daies were not sworne to the Pope nor did he take upon him to call them but the Emperours who summoned such as they thought good This manner of calling Councels with all freedome is then mainly required when the number of beleevers on both sides is great when the complaints are formall and when there are some ancient opinions defended by whole Provinces and Nations When the case stands thus it is no proceeding by censures and condemnations the one side against the other when all comes to all there is nothing got by that But then they must take a faire way come to conferences treaties of agreement and arbitration This course was taken with the Greek Church in the time of the Councell of Ferrara The Greek Bishops were seated amongst the Latines they conferred together they disputed and gave up their opinions without any advantage the one over the other either for judgement or number and the issue was so happy that in the end they came to an accord The Popes for a long time branded all the French for Heretiques by reason of that poore Pragmatique Sanction which hath beene as much vexed by the Popes since as ever was Psyche in Apuleius by offended Venus Yet in the upshot they are come to those termes of accord and articles of agreement under which we live at this instant 9 Innocent the fourth after he had excommunicated the Emperour Fredericke he and all his Councell make this profer to him in case the Emperour did complaine of injustice to referre the matter to the Kings Prelatesâ— Princes spirituall and temporall assembled about it in a place of safety Why is not the like put in practice now adayes towards those which complaine of this Councell and are ready to defend their cause and justifie theiâ— right 10 This calme way hath beene sometimes attempted in Germany not altogether without successe It hath beene also practised in France when the conference was at Poissy yea and that with such successe that the grand controversie touching the reall presence in the Eucharist so much canvassed amongst us now adayes was there composed by the twelve deputies in spite of all the opposition made by those that envy the quiet of France And what great matter were it to try that way yet once againe by generall or particular conferences We must of necessity be driven to one of the two meanes formerly proposed to wit either that Christian Princes appoint certaine Iudges some Clergy men some Lay men an equall number of both religions or that there bee a friendly meeting about it where they may continue victorious right or wrong as most doe now adaies but with a holy desire to live from thenceforth in peace or stop the veines that have shed so much blood For to have recourse to the rigour of the formalities and caltrops of the Councell of Trent is but for men to cosen themselves the event hath proved the designe to bee naught This Councell instead of appeasing the troubles did excite them and invenomed those mindes which were exulcerated before In stead of setling the repose and unity of the Church it raised warres in Germany the Low Countries and in our France not onely during the time of the sitting but afterwards and this is the reason why King Charles did earnestly sollicit the Fathers there by his Ambassadours to the embracing of peace Marke what the Cardinall of Lorrain sayes to them about it in his learned Oration 11 The most Christian King although hee be throughly perswaded of all these things and expect nothing from us which may make against them yet there are two things whereof he puts you in minde out of the good will he beares towards the Synod and the great vexation he endures by reason of these differences in Religion First that as much as we can we avoid all new controversies that wee lay aside all uncouth and impertinent questions tâ—at we bend all our forces as much as we may to effect that Princes and Provinces would give over their warres Wee must be farre from any desire of stirring up warres that so they who have departed from us and are cut off from the Church of God may not thinke that this assembly was rather
of Arles Another Constantine was president of the sixth generall Councell at Constantinople with a good number of his officers assisting and the acts of the Councell make it plaine that hee was not a meere honorary president but that the whole action was guided by him that he pronounced the sentence an◠gave judgement and in summe did all that belongs to an Ecclesiasticall president to doe 17 Charles the Great did the like in the Councell of Francford where hee discoursed of points of faith and made them deliver their opinions upon such as himselfe proposed The Canons and Decrees runne also in his name The Emperour saith hee hath ordained with the consent of the Synod c. 18 The name of Charles the Great puts us in minde of inserting some of our French Synods in this place which we finde oftentimes to have consisted both of Lay men and Clergy men joyntly to determine of matters aswell Ecclesiasticall as Civill 19 In the yeere 742 in the reigne of Childeric Carloman Duke and Prince of the French called a Synod in France where he had some Bishops some Priests and some Lay Princes of the Realme by whose advise and counsell hee made certaine Ecclesiasticall constitutions By the advise of the Church-men and the Princes of this Realme we have ordained decreed c. See how hee speaks in the Decrees of that Councell 20 The yeer 744 under the same Childeric Pepin a French Duke and Prince called another Synod at Soissons consisting of Churchmen and some chiefe Lay men of the Realme with whom hee enacted some Ecclesiasticall lawes Wherfore with the consent of the Bishops Priests and servants of God and the advise of the chiefe of the Kingdome we have decreed to renew the Synod every yeer c. Againe◠Wee have constituted and ordained by the Councell of the Clergy men and the chiefe men of the Realme aforesaid See you in what style the decrees of that Councell were conceived 21 The yeer 787 the Emperour Charles the Great being departed from Rome to come into France As soone as he was arrived at Worms saith Rhegno he called a Synod and declared the reasons of his journey to the Clergy and Princes of his Realme 22 The Councell of Meaux under Charles the second 845 mentions some former Councels that consisted of Clergy and Lay men Another was holden saith it at his returne and confirmed under the proper seal of the Prince and all the rest both Clergy men and Lay. And in another place They ordained first of all to settle something that had beene formerly decreed by the same Prince together with the Lords spirituall and temporall 23 The Councell holden at Pistis upon Seyn the yeere 863 was of the same nature with these◠as wee may perceive by the beginning of it In the name of the Holy and indivisible Trinity Charles by the grace of God King of France together with the Bishops Abbats Earles and the rest of the faithfull regenerate in Christ gathered together from diverse Provinces at a place called Pistis upon the river Seyn in the yeere of our Lord 863 the 23 yeer of the reign of our Soveraigne Lord King Charles indiction the tenth The Kings and Bishops assembled before us◠being guided by the feare and love of God have made diverse constitutions and decrees with the Counsell and consent of the rest of the faithfull people of God And in the second chapter For the putting of which things more particularly in execution wee have thought fit here to renew some amongst many of the constitutions and decrees of our predecessors and the ancient Councels It follows afterwards chapter the third Wee have constituted and ordained by common advise c. 24 The Councell of Tribur was neerly of the same kinde for there were divers Lay-men there with King Arnulph who was President in it He came saith the Preface to it into the royall City of Tribur in France with the Bishops underwritten the Abbats and all the Peeres of his Realme and there flocked thither both Clergy and Lay-men in great troupes And at the end This holy subscription was confirmed and fairly approved by the reverend profession and worthie answers of the Priests Deacons and Lay Nobility This Councell contains eight and fifty Chapters concerning manners and Ecclesiasticall discipline 25 Philip Augustus intending to declare his sonne Philip his successour in the Realme called a generall Councell at Paris of all the Archbishops Bishops Abbats together with the Princes and Lords of his Kingdome that they might herein pitch upon a resolution according to his desire And it is observable that in these Councels they treated of all things both spirituall and temporall Whence that appeares to be true which a learned Frenchman hath written long agoe That anciently the affaires of France were managed by the Clergy and Lay men joyntly Which is yet practised by the Generall and Provinciall States as also in the Courts of Parliament consisting of Counsellors both Ecclesiasticall and Civill There was a Councell holden at Soissons in the same Kings reigne by the Legats of Pope Innocent the third In this Councell saith an ancient Historian King Philip was assistant with the Archbishops Bishops and chiefe Lords of the Realme where the point of the divorce or confirmation of the Kings marriage with Iugerberga was discussed 26 The Patriarch of Ierusalem being arrived in France in 1184. with the Priour of the Hospitall of Outremer and the Grand Master of the Templars to demand succour of King Philip Augustus against the Saracens He sent out his Mandamus to call a Generall Councell of all the Archbishops Bishops and Princes of his Realme saith the same Historian which was holden in the City of Paris 27 The Councell of Vezelay which was called by Lewes the Yong son to Lewes the Gross Pope Eugenius the third being then in France was of the same composition Which thing being certified to Lewes the Yong son to Lewes the Gross saith Iohn le Maire he was much grieved thereat and for remedie thereof he caused a Councell to be assembled at Vezelay in Burgundy consisting of all the Prelates and Princes of France and ordained that St. Bernard Abbat of Clervaux should represent unto them vivâ voce all the mischiefe that was befalne in the Holy Land 28 The like was done in the Councell of Paris which Philip the Faire called against Boniface the eighth After this the same King saith a Chronicler having called together the Prelates Barons and Lords of the Realm held a Councell at Paris where he demanded aid advice against the said Pope And M. Iohn Bouchet in his Annales of Aquitain And immediately after hee caused a Councell of Prelates and Barons to be assembled at Paris in which Councell King Philip was appellant 29 The Pragmatique Sanction of King Charles the seventh was made in a Synod assembled at Bourges
Church of Rome against all sorts of men Besides it was very equitable that they should doe something for him considedering the benefit they received from him First it is to be considered that they were maintained there at his proper cost and charges which if it bee duely observed was no small matter to defray such a number of men for so many yeares Pope Pius saith Onuphius spent a great summe of money in the celebration of this Councel considering that he gave liberall allowances for diet and maintenance of the poore Bishops and Priests and to all the Officers of the Councell a thing which was anciently done by the Emperour 9 AS for this last we reade indeed that Constantine the Emperour feasted all the Bishops of the Councell of Nice that he bore their charges and gave presents to them as also he caused his officers to allow them the coaches and horses of the State to help them on their way The same Emperour sent the chiefe of his Court to Ierusalem to minister such things as the Bishops there assembled with their associates and all other necessitous people stood in need of And thus must wee understand that which Sozomen speakes of the expences of the Commonwealth upon the Bishops which were summoned to Synods for this must be referred to the Emperours Constantius commanded that the Bishops at the Councell of Ariminum should have their lodging and diet allowed but our Frenchmen were so scrupulous that they would not accept of it chusing rather to live sparingly upon their owne pittances than to feast it at the publique charges 10 It was good reason this charge should be transferred from the Emperours to the Popes since they pretend now adayes that the right of calling Councels and presiding in them belongs to them which was formerly the Emperors nay more since they have now ingrossed all the Imperiall power and dignity into their hands that so he that enjoyes the honour should also beare the chargâ—s Yet these are they that underwent this charge that they might thereby confirme their claime of presidency and convocation which was questioned and to winne a more favourable verdict from those Fathers If a Iudge may be refused by course of Law because he hath eaten or drunken with one of the parties much more may they bee that make themselves domestiques and pensioners as those Bishops did whose judgement is therefore lawfully rejected at this present 11 Pius the fourth did them yet another courtesie for by his Bull of the first of April 1561. hee exempted them from all paying of tenthes during the time of their abode at the Councell and it is furthermore probable that hee anointed them in the fist with some good fat Benefices at least the stoutest of them and those which did him the best service CHAP. X. That the number of Bishops there present was so small that it cannot be accounted Generall 1 LEt us here observe that the number of Bishops in this Councell was so small that it doth no way deserve the style of Generall and Oecumenicall In the first Session there were foure Archbishops twenty three Bishops the King of the Romanes Ambassadour the Captaine of the City of Trent five Generals of Orders and a few Doctors In the next there were five Bishops and three Abbats more In the third there was an eke of one Cardinall and two Bishops In the fourth they were in all nine Archbishops and forty three Bishops In the fifth there came in five Bishops more In the sixth there were fifty seven Archbishops and Bishops in all In the seventh three Bishops more In the eight fourty three Bishops and eight Archbishops and so on in the most of the rest except the last wherein the number was greater But what is this I pray in comparison of that of Nice where there were three hundred and eighteene Bishops Or that of Ephesus where there were two hundred that of Chalcedon where there were six hundred that of Constance three hundred that of Basil where were above foure hundred Bishops and others The first at Constantinople was the thinnest where there were onely a hundred and fifty Bishops but the reason of that was because at the same time there was another holden at Rome 2 We urge this of purpose that wee may serve our turne with that which Bellarmine sayes who would make us beleeve that the former Sessions of the Councell of Constance are null and invalid because that certaine schismaticall Bishops fell off there and were defaulty because they sided with the factions of the two schismaticall Popes these as hee saith made up two parts of the Church howbeit in those very Sessions there were present two hundred Bishops divers Cardinals the King of the Romanes in person and sundry Princes and Ambassadors Now by the same reason wee may lawfully say that the greatest part of the Church made default in this of Trent yea that it was no better than a Conventicle or at the best a National Councel And indeed if we throughly reade the acts of this Councel we shall find that the greatest part of the Bishops Ecclesiasticks that were there were either Italians or Spaniards and that there was but a very slender number of other nations and that especially towards the end In all the Sessions under Paul the third wee finde but two Frenchmen and in some none at all Insomuch as one of the Presidents of that Councell in a discourse of his in the last of those Sessions said That many Prelates are not yet come who wee know very well are upon their journey saith he and especially the devout and noble French Nation They were not onely not come but which is more they came not at all as appeares by the catalogue annexed after that same Session And after the death of Paul the third the Councell was forthwith broken up from the fourteenth of September 1547. till the first of May 1551. that it was set on foot againe and continued by virtue of the Bull of Iulius the third under whom were holden six Sessions and not a Frenchman assistant in any one of them as appeares by the same Acts. Thus it was at the time that Henry the second protested against the Councell and prohibited the Ecclesiastiques of his Realme to goe thither as shall be said hereafter 3 That Protestation may be seene in print bearing date in August 1551. out of which we have borrowed these words He protested as he may doe by law that being busied in great warres hee is not bound of necessity to send the Bishops of his Kingdome to the Councell of Trent inasmuch as they could not have free and safe accesse thither and because the Councell it selfe from which he was excluded against his will is such as was never reputed for a generall one of the whole Church but rather accounted a privy Councell invented not out of any desire of reforming discipline and restoring
by the Nobility of France upon occasion of such usurpations Yea in so much that they put out a very bitter declaration which startled him a little as the English Historians doe record Loe here a piece of it All we prime men of the Kingdome perceiving out of our deepe judgement that the Kingdome was not got by Law written nor by the ambition of Clergy-men but by the sweat of warre doe enact and ordaine by this present decree and by joynt oath that no Clerke nor Layman shall sue one another before the Ordinary or Ecclesiasticall Iudge unlesse it be in case of heresie marriages and usury upon paine of confiscating all their goods and the losse of a limbe to the transgressors hereof for which certaine executioners shall be appointed that so our jurisdiction being resuscitated may revive againe and those who have enriched themselves by our poverty amongst whom God for their pride hath raised up prophane contentions may be reduced to the state of the Primitive Church and living in contemplation may shew us those miracles which are fled out of the world a long time agoe and wee in the meane time lead an active life as it is fitting The Historian addes The Pope having heard these things sighed with a troubled minde and desiring to appease their hearts and breake their courage after hee had admonished them he frighted them with threats but he did no good for all that 4 The King of England in imitation of our French made also a Statute for the preservation of his justice The same yeere 1247 saith Matthew Paris the King of England following the example of those Lords that made these Statutes in France which were approved and sealed by their King to tame in part the insatiable greedinesse of the Court of Rome ordain'd that these things following should be inviolably observed To wit that Laymen should not be convented before an Ecclesiasticall Iudge in case of perjury or for breach of promise Gregory the seventh kept a fine decorum when after hee had deposed out of hand the Emperor Henry the fourth when he was doing his pennance at Rome and created Ralph in his stead he would afterwards be the judge of their controversie to see whether had the wrong A Germane Priest makes mention of the pennance appointed to the said Henry whereof wee speake in another place he saith moreover that in the time of the vacancy The Pope sent a crowne of gold to Ralph Duke of Suevia accompanied with a verse which we have cut into two as good as the Latine Petra dedit Romam Petro tibi Papa Coronam The Rocke gave Peter Rome in fee The Pope bestowes the crowne on thee He addes that the Pope commanded the Archbishops of Mayence and Cullen and other Princes and Bishops of Germany to take Ralphs part and to make him Emperour which was done accordingly That the Bishop of Strasburg the Emperours great friend going to Rome after hee had sought him diligently a long time through the City and found him in the places consecrated to the Martyrs and told him of the new election and how much it concerned him to goe to Germany in all haste to â—ll â—nfort â—his friends and repell the force of his enemies the Emperour making â—omewhat nice of departing without the leave of the Sea Apostolique the Bishop enformed him that all the mischiefe of the treason proceeded from the Romane treachery and that it was necessary he should flie away privily if he would avoid being taken 5 The case being thus let us now heare the narration which Gregory made hereof in his Bull of excommunication and his pretence for the judgement Certaine Bishops and Princes of Germany saith he having been a long time vexed by that wilde beast in stead of Henry who fell from the Empire by reason of his offences chose Ralph of Suevia for their head and King who using such modesty and sincerity as befits a King sent his commissioners forthwith unto me to give me to understand that he undertooke the managing of the Empire against his will That notwithstanding hee was not so desirous of reigning but that he lov'd rather to obey us than those who promised him the Empire That he would be alwayes under our power and Gods and to the intent we may be assured that he will be so he hath promised to deliver his children unto us for hostages From thenceforth Henry hath begunne to vexe himselfe and intreat us at first to repell Ralph from usurping the Empire by anathema's I replyed that I would see who had the right and that I would send my Nuncio's to examine the whole businesse and afterwards I would judge who had the better cause 6 They have gone so farre in this point that they have attempted to exercise jurisdiction over Kings and Princes in their owne cause as Boniface the eighth who having a controversie with King Edward the first of England touching the Realme of Scotland which the Pope said belonged to the Church of Rome he writ to him That if he pretended any title to the Realme of Scotland or any part thereof he should send his Proctours and speciall Ambassadours to the See Apostolique with all his rights and instruments belonging to that particular there to receive full justice upon the premises The King of England caused answer to be made unto the Pope by the chiefe Lords and Barons of his Kingdome assembled together in Parliament as they call it where they say concerning this point That the Kings of England have not nor ought not to answer for the titles which they pretend to the said Kingdome or other temporall matters before any Iudge Ecclesiasticall or Civill by reason of their royall dignity and prerogative and the custome inviolably observed in all ages Wherefore after mature deliberation and advice about the contents of your letters the common and unanimous consent of all and every one of us was and shall be without starting for the future that our King ought not any way judicially to make answer before you concerning his right to the Kingdome of Scotland or other temporals nor in any wise submit to your sentence or bring his right in question and dispute or send his Proctours and Ambassadours before you for that purpose and we doe not allow nor will in any wise allow what we neither can nor may that our King if he would doe the said things which are inusuall unlawfull prejudiciall and unheard of nor that he goe about to doe them in any wise 7 Innocent the fourth saith another Historian caused Henry the third King of England to be summoned before him to answer to one David a vassall of his and to give him satisfaction as hee said for some injuries which hee had done him this thing was derided and made a mocke of among many 8 They have not only attempted to determine of profane matters between Lay men but which is more to disanull
faculties as appeares by the passage which we have urged elsewhere speaking of the penitentiary taxes of the Church of Rome 19 This power was never more than imaginary in France for Legates were never permitted to exercise this faculty there as being contrary to the Lawes of the Land and indeed heark what the Collection of the liberties of the Gallican Church saith concerning this point The Pope cannot legitimate bastards and illegitimate persons so as to make them capable of succeeding or being succeeded by others nor to beare office and purchase temporall estates in this Kingdome 20 Many other abuses might be here alledged which are committed in these faculties as they call them that in particular which is so ordinary that it can never be forgotten To derogate from all Decrees of Councels and dispense with them or as others terme it to put a dorre or obstacle before the Councell and other Constitutions derogatory to them Of which abuse Gerson speakes thus It is not lawfull for the Pope to make so much adoe about these obstats which are ordain'd in Generall Councels Cardinall Cusan in his booke De Concordiâ Catholicâ makes a large Chapter of this But we should have enough to doe if we would seeke out all the abuses and usurpations of the Court of Rome CHAP. IX Of the Popes usurpation of Lordships and Kingdomes 1 THey have laboured hard to usurpe Lordships Kingdomes and Empires insomuch that they quite forgot the care of Spirituals Two maine causes have moved them hereunto Avarice and Ambition We shall here prosecute onely so much as concernes the first or at least as belongs jointly to both Marsilius of Padua Not content with those Temporalls which were bestowed upon them by Princes by reason of their insatiable appetite they have seized upon many temporall things that of right belong to the Empire as the Cities of Romandiola Ferrara and Bononia with divers other possessions and many lands and Lordships then especially when the Empire was vacant 2 Langius reporteth a passage out of the Chronicles of Engelbert Westerâ—itz a Clerke of Brandenburg where as much is said of the City of Rome The keyes whereof saith he were presented by the Citizens to Innocent the seventh with branches of Palme trees and the temporall dominion thereof granted unto him but with little equity and commendation forasmuch as the abundance of temporall things are no little impediment to spirituall and the Pope who is Saint Peters successor ought not to take this dangerous temporall dominion upon him for we never reade that in former times even after the donation of Constantine in which our curious Canonists doe greatly hugge themselves that any Pope did administer the temporall dominion of the City of Rome but in these latter daies and within our memorie some Popes have ventur'd to meddle with it thereby heaping upon themselves both cares and troubles howbeit from all antiquity Rome was ever the royall and imperiall City else he that should be lawfully preferred to the Empire by the Electors deputed whosoever he were should be vainly and idlely called the King of the Romanes as commonly hee is by the ancient Historians 3 There is nothing here but very true and yet our Popes beside the donation of Constantine have forged us another made by Lewes the Gentle who bestowed upon them the City of Rome in expresse termes howbeit the ancient Historians speake not a word of it and it is plaine they never enioyed that right till within this little while to wit after the time of Boniface the ninth who being intreated by the Romanâ—s to remove his seat from Avinion to Rome for the great gaines which they presaged they should reape by the approching yeere of Iubilee he being arrived there seized upon the Cittadell of the Castle of S. Angelo and made himselfe master and commander of the City for him and his successors But let us heare the testimonie of Guicciardine concerning this 4 Being returned to Rome upon these conditions while the Romanes were busie about the gaines that yeere 1400 the Pope having got the command of the City fortified the Castle of St. Angelo and bestowed a garrison in it whose successors till Eugenius although they were troubled with divers difficulties yet having fully established their government for the future the succeeding Popes have ruled the roast at Rome at their pleasure without any contradiction 5 But we shall speake more at large of such usurpations as these hereafter we will onely observe that the Popes were ever so crafty in the managing of Empires and Kingdomes under the pretence of spiritualty as to pick out something alwaies for their owne advantage So Boniface to take up the quarrell which was betwixt the King of England and Scotland whom the other King pretended to be his vassall came in play as to assist the Scotch Affirming how that Kingdome belong'd of right to the Church of Rome and that it was in his power onely to give it or take it from whom he pleased which he affirmed so as that hee would needs bee the Iudge himselfe but hee met with a people that would not beleeve him 6 A certaine King of Poland called Casimire being turned Monke and enâ—red into the Abbey of Cluny in France was dispensed with for his vow by Pope Bennet at the request of the Polanders repenting themselves of their fault so as he had licence both to reigne and to marry but for the pot of wine It was ordained by the Pope that the Polanders should pay a yeerly pension to S. Peters Church in Rome for maintaining of candles which is called in Polonish Snatro Petre that is S. Peters Saint 7 Charles of Anjou brother to S. Lewes the King was by Clement the 4 who prosecuted the designe of his predecessour Vrban the 4 Declared King of Ierusalem and Sicily with this condition that he should pay fourty thousand crowns yeerly to the Church of Rome by way of fee. Wherein two usurpations are remarkableâ— one in the manner of the fee which Peter Anaclete the anti-Pope had formerly laid upon Sicily the other in the tribute which Clement the fourth added de â—ovo 8 But there is nothing so memorable as the usurping upon the Kingdome of England where excommunication was openly profaned King Iohn of England being at enmity with the Lords of the Land by reason of certaine injuries pretended to be done unto them by him was excommunicated by Innocent the third the yeere 1513. This excommunication was carried from Rome by Stephen Archbishop of Canterbury William Bishop of London and Peter Bishop of Ely who thundred it out in France where that King had then certaine Earledomes and Dukâ—domeâ— after they had acquainted King Philip Augustus with the whole businesse Whom those Bishops commanded as also all others for the remission of their sinnes that invading England in hostile manner they should depose King Iohn from his crowne
behalfe certaine angry letters to the Orientall Bishops assembled at Antioch gaining nothing at their hands hee addressed himselfe to the Emperour Constans and perswaded him to write to his brother Constantius to send certaine Bishops to Rome to answer for their rejection of Paul and Athanasius Lastly after some other accidents which befell about that point it was decreed by the will and pleasure of the two Emperours that the Bishops of both sides should meet at a day appointed in Sardis a City of Illyrium All that wee say is related by Sozomen without any intermixing of ought of our owne So that it is not without good reason that the Easterne Bishops imputed the shortnesse of the time unto the Pope seeing they had occasion to beleeve that hee had prosecuted and obtained the holding of that Councell without allowing them sufficient space to come thither CHAP. II. Other examples to prove that the Popes consent was not required to the calling of Councels 1 HEre Bellarmine stops and speakes not of other Councels which were holden afterwards it is true that he seems to dissipate and dispell all that we have replyed concerning the former Councels with one puffe that is that for foure or five Councels which the Emperours called the Popes have called a dozen Hee puts us upon the necessity of urging other examples over and above the former If any of those with whom Bellarmine bickets had delivered a thing so exorbitant and remote from all truth hee would have given them the ly and hooted at them Let us shew the contrary without passion without calumny for these are things mis-beseeming learned men and especially those that meddle in these matters 2 The fifth Generall Councell holden at Constantinople under the Emperour Iustinian was called by him without the Popes consent This is proved out of his owne letters Wee have summoned you saith hee unto the royall City exhorting you in generall that when you are come thither you would declare your opinion and your minds about these matters Nicephorus witnesseth as much The Emperour Iustinian saith hee called the fifth Oecumenicall Councell and cited the Bishops of all Churches unto it upon this occasion 3 The sixth Generall Councell was called at Constantinople by the Emperour Constantine the 4 as Zonaras testifieth Constantine saith hee being an Orthodox Prince laboured to unite the Churches that were at oddes by reason of the heresie of the Monothelites who sprang up after the reigne of Heraclius his great Grand-father whereupon he called a Councell at Constantinople Martinus Polonus ascribes the Convocation of that Councell to the Emperour Constantine and speaking of Pope Agatho hee saith nothing of him but onely that the sixth Synod was holden in his time 4 Hee saith as much of the first Nicene when he speaks of Constantine the Great and Pope Sylvester But for the Popes consent there is no newes at all The Popes themselves witnesse this truth in their Decree compiled by Gratian. For it is said in the sixth distinction The 6 holy Synod after the publication of the sentence against the Monothelites the Emperour that called it dying presently after c. And in another place The sixth Generall Councell was holden at Constantinople in the time of Pope Agatho by the care and diligence of the Emperour Constantine who was there in person The Popes verily have done themselves a great deal of wrong that they declared not that Convocation to bee made by their authority for it is not their fashion to forfeit their right for want of demanding or of publishing it 5 The Acts of the second Nicene which is the seventh General Councell tell how it was called by Constantine and his Mother Irene The holy and Generall Synod assembled by the pious Decree of those Emperours in the most famous City of Nice the Metropolis of Bithinia And this is confirmed by that letter which Tarasius Patriarch of Constantinople writ unto a certaine Priest inserted in the Acts of the Councell and by that which Zonaras speakes of it 6 The eighth Generall Councell which is the sixth of Constantinople was called also by the Emperour Basil witnesse Zonaras Basil saith hee come into the great Church upon a festivall day to receive the unbloudy sacrifice was hindered by Photius the Patriarch who called him murtherer but he being incensed with this repulse calling a Councell cast Photius out of the Church 7 Cardinall Cusan freely confesseth that the Emperours had anciently this right of calling Councels Yea he affirmeth that the eighth General whereof we have spoken were called by them Howbeit saith hee wee read that the Generall Councels were ofttimes called by the Emperours yea all the eight as may bee proved out of their Acts yet notwithstanding in those Councels the Pope had alwayes the authority of presiding So then in his opinion the Pope had no share in the calling that 's all which we demand for the present As for the presidence that 's another matterâ— wee will speake of it anon 8 This is no small thing that all the eight General Councels were called by the Emperours I say the eight Generall which are acknowledged to be such by the Pope But we will finde more yet Theodoret speaking of Athanasius's adversaries saith Hee perswaded Constantine the Emperour to call a Councell at Cesarea in Palestine and to command that Athanasius should bee arraigned but St. Athanasius knowing the malice of his Iudges went not to the Councell He afterwards addes Hee suspecting that Athanasius would not appeare in Cesarea by reason I suppose of the Bishop of that place commanded that the Councell should meet at Tyre Eusebius in the life of Constantine speaking of the same Synod of Tyre saith The Emperour called together a great company of Bishops out of Egypt Africa Asia and Europe and opposed them as an army of God against that enemy of mankinde 9 The Acts of the first Councell of Carthage teâ—tifie that it was called by Constantine where Crates the Bishop of that City speaketh thus Lâ—t us thanke God that he hath inspired the religious Emperour Constantine with a desire of the union of the Church and to send Paul and Macarius servants of God as his ministers in this holy worke to the end that wee may holâ— Councels in divers Provinces 10 Theodoret speaking of the Councell of Antioch About that time saith he Constantine making his abode at Antioch called and assembled the Bishops together againe 11 The Councell of Aquileia writes thus unto the Emperours Gratian and Valentinian Wee give you thanksâ— most milde Princes that for the taking away of all quarrels you have taken the paines to assemble an Ecclesiasticall Councell and of your bounty have done this honour unto the Bishops that such as would might come and no man bee compelled 12 About the yeere 413 The Emperours Honorius and Theodosius the younger called a Councell at Carthage consisting of 313 Bishops for the
himselfe So that St. Hierome ought to have used another phrase when hee said in his Apology against Ruffine Tell mee by what Emperours command that Synod was called Hee who was a Clergy-man should rather have said Tell mee what Pope consented to the Synod For our Sophisters hold that the Popes authority is the soveraign plaister which salves all and that it is no matter who call them so that his authority come in any way either in the beginning the middle or the end But what will they say when wee shall make it appeare that the Popes themselves became supplicants to the Emperours to intreat them to call Councels That they became the Emperours servants in calling them at their command That they were summoned unto Councels as well as other Bishops Yea that the Emperours have holden Councels sometimes without them sometimes against them It is necessary that wee treat a little at large of all these Articles to take away all meanes of shifting and evasions from such as will not yeeld to reason CHAP. III. That the Popes have beene suiters to the Emperours to get leave of them for the holding of Councels WE descend to the proofe of this point not without good reason considering that some have ventred so farre as to affirme that the Emperours called Councels onely by commission from the Popes Alledging to this effect a misconceived passage out of the epistle sent by the first Councell of Constantinople to the Councell at Rome which wee have expounded in the first chapter of this third Booke Wee therefore maintaine this assertion to be so farre from truth that on the contrary the Popes have become humble suiters to the Emperours to desire of them that they would call Councels 2 Pope Liberius upon the instance made unto him by Constantius an Arrian Emperour to abandon Athanasius considering how hee stood condemned for a heretique by a Synod makes this reply That in proceeding to Ecclesiasticall censuâ—es great â—quity ought to bee used and therefore if it please your Holynesse command that an assembly be called to sit upon him to the end that if he be to be condemnedâ— sentence may passe upon him in manner and forme Ecclesiasticall By which words hee meanes nothing else but the calling of a lawfull Councel Which may bee collected from the sequell of that discourse betwixt Constantius and Liberius about the Councell of Tyre wherein Athanasius had beene condemned As also from that which Ruffin delivers concerning this particular in the sixteenth chapter of his Ecclesiasticall History 3 Pope Celestine with his fellow Patriarchs were petitioners to Theodosius the Emperour for the Councell of Ephesus These things were no sooner known to the other Patriarchs saith Zonaras speaking of Nestorius Patriarch of Constantinople but Celestine Pope of Rome Cyrill Patriarch of Alexandria Iohn of Antioch and Iuvenal of Ierusalem opened the cause to the Emperour Theodosius and Pulcheria the Empresse humbly entreating them to cause the opinions of Nestorius to bee examined in a Councell 4 Sozomen reports in his eighth booke and 28 Chapter how Pope Innocent sent five Bishops and two Priests to the Emperours Honorius and Arcadius to entreat a Synod of them together with the time and place for the calling of it 5 Pope Leo together with the whole Synod assembled at Rome earnestly entreats the Emperour Theodosius in his 23 Epistle that hee would command a Generall Councell to bee holden in Italy Hee repeats the same request to the same Emperour in his thirty first Epistle and withall makes use of the favour of the Empresse Pulcheria in his twenty fourth Epistle As also of the Empresse Eudoxia as appears by her letter to the Emperour and his answere which are recorded in the Acts of the Councell of Chalcedon and further confirmed by the testimony of Zonaras 6 Pope Gregory exhorts one of our Kings to command a Councell to bee called for the punishing of the vices and abuses of the Clergy within his Realme Wee are urgent upon you by our second exhortation that for the reward which you shall thence reape you would command a Synod to bee assembled and as we have long since writ unto you cause the corporall vices of the Priests and the foule heresie of Simony to bee condemned by the joynt sentence of all the Bishops and to bee utterly rooted out of all the confines of your dominions This passage is the more remarkable in as much as it is put into the Canon by some of those that collected the Canons and Decrees of the ancient Fathers and also this his request is often repeated in his several Epistles to King Theodoric King Theodebert and Queene Brunechilde 7 Nor did the Popes herein any thing but what was the common practice of other Bishops who when just occasion was offered became supplicants to their Princes for the keeping of Councels Athanasius reports how himselfe and some others finding themselves aggrieved by the Arrians petitioned the Emperour Constans for the calling of a Councell and how upon their intreatie it was called at Sardis whither the Bishops repaired from above five and thirty Provinces The list of whose names you may finde in Theodoret. 8 The Arrian Bishops prevailed with the Emperour Constuntius for the calling a Councell at Milan They perswaded him saith Theodoret to call a Councell at Milan a City of Italy and compell all the Bishops to subscribe to the abdication of the injust judges of Tyre and to set out a new Creed and cast Athanasius out of the Church Thither the Bishops came in obedience to the Emperours royall command Eusebius with his partisans that were of the same sect desired the Emperour to have it at Antioch who by the cunning of the Arrians was wrought at last to proclaime two Councels one at Seleucia for those of the East and another at Ariminum for them of the Western Church 9 Besidesâ— that at other times also they called Councels by virtue of the Emperours authority is plaine from that passage of the letter which was sent by the Generall Councell at Constantinople to Pope Damasus and the Synod at Rome where they mention how the Pope and his Councel had convoked the Easterne Bishops by virtue of a commission granted by the Emperour Theodosius But say they whereas youâ— proceeding to the holding of a Councell at Rome have out of your brotherly charity summoned us thither by virtue of the Emperours letters as your fellow members c. So then we are already at a great deale of oddes with those people that put the Cart before the horse CHAP. IV. That the Popes have beene summoned to Councels by the Emperours as well as other Bishops 1 EMperours when they intended to call Councels were wont to write unto all the Bishops that they should make their appearance at such places as they appointed but more especially to the Patriarchs and Metropolitans Thus much wee
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
for the Acts of the Councell say in expresse termes That the Kings of England Hungary Bohemia and Denmarke consented thereunto So likewise the Emperour Sigismund called that of Constance the Emperour Maximilian that of Pisa. 27 Although the Popes Primacy be not acknowledged by the Greâ—k church yet he assembled the Councell of Ferrara where were present the Emperour of Greece the Patriarch of Constantinople and a great number of Greek Bishops Let us never then make it a matter impossible it is fesable enough if we give our mindes to it When the Pope called the Councell of Trentâ— he communicated it first and formost with Christian Princes and required their advice about it Having asked the advice saith Paul the third in his Bull of Convocation and sounded the mindes of Christian Princes whose consent in the first place we thought usefull and convenient and finding them not averse from this our designe we have thereupou denounced the Councell So King Charles the ninth became a suitor to the Pope and Princes of Christendome for the renewall of that Councell for mark how he speakes of it in his letters directed to the Prelates of France to cause them goe thither Although the present troubles of the Church have moved as to desire and procure by all meanes possible the holding of a Generall and Oecumenicall Councell and that our holy father the Pope the Emperour and other Christian Kings and Princes by their severall answers made upon our instant request and suit unto them thereabout doe make a faire show of being willing to hearken thereunto c. 28 He did no more in this but imitate the patterne of other Kings his predecessors Charles the sixt to make up the schisme betwixt Pope Boniface and Pope Bennet sent his Ambassadours to the Emperour the Kings of England Bohemia and Hungary to entreat them to have a regard to what concerned the publique good and quiet The same King went so farre that he perswaded Wenceslaus the Emperour to come to Rhemes where there was a Generall Councell holden upon that occasion where the Ambassadours of the King of England and divers other nations were present CHAP. VII That the authority of calling Councels belongs also to Kings and Princes 1 THese examples invite us to looke a little further into France and speake more fully concerning this point of calling Councels And the rather because both our Kings and all other Princes of Christendome are deprived of this royal prerogative by the Councel of Trent and that in such sort that the Pope thereby enhanseth his owne greatnesse to whom all such Councels are bound to swear obedience and not to depend upon any but upon him The Decree runnes thus Provinciall Councels if they have beene any where disused let them for reformation of manners correction of abuses composing of Controversies and such other ends as are allowed by holy Canons be brought up againe Wherefore let the Metropolitans themselves or if there bee any lawfull impediment why they cannot the senior Bishopâ— within a yeare at the furthest after the end of this present Councell and after that once every three yeers at least after the octaves of the resurrection of our Lord Iesus Christ or at some other more convenient time according to the custome of the Countrey not faile to call a Synod in their severall Provinces 2 And in anothâ—r Session there is a strict injunction laid upon them That at the first Provinciall Synod which shall bee holden after the end of this present Councell they publiquely receive all and singular such things as have beene determined and ordained by this holy Synod and withall promise and professe true obedience to the Bishop of Rome It remaines that wee prove this right of calling Councels to belong to our Kings within their owne Kingdome In the collection of the liberties of the Gallicane Church there is this Article The most Christian Kings have alwayes as occasion and the necessities of their Countrey required assembled or caused to assemble Synods or Councels Provinciall and Nationall Who among other things concerning the preservation of their State have also treated of such matters as concerned the order and Ecclesiasticall discipline of their Countrey touching which they have caused rules Chapters lawes ordinances and Pragmaticall Sanctions to be made and set out under their name and by their authority Wee read another Article of this straine in the third Chapter of the Remonstrance made by the Parliament of Paris to Lewes the eleventh 3 Nor is there ought in all this but is well backed by such examples and authorities as shall bee proâ—uced We begin then with Clovis our first Christian King by whose command the first Councell at Orleans was assembled about the yeer 506. So say the Bishops that met there in the letters which they sent unto him To their Lord the most illustrious King Clovis the sonne of the Catholique Church All the Clergy whom you commanded to come unto the Councell So likewise the second Councel of Orleans was holden in the yeer 533. by command from King Childebert which is mentioned in the subscription of the Bishop of Bruges and it is said in the Preface Wee are here assembled in the citie of Orleans by the command of our most illustrious Kings The fifth of Orleans was called by King Cherebert the yeer 549. Wherefore the most mild and invincible Prince Cherebert having assembled the Clergy in the citie of Orleans c. The second of Paris was called by King Childebert ann 558. Being met in the citie of Paris they are the words of the fathers of it by the command of our most illustrious King Childebert The first of Mascon by King Guntrand in the yeer 576. Wee being assembled in the towne of Mascon by the command of our most illustrious King Guntrand 4 The second of Valencia was called by him also in the yeer 588 and it hath the same Preface He called also the 2 of Mascon the same yeer 588 and afterwards by his Edict confirmed the Decrees thereof as made by his commandement Wherefore saith hee wee will and command that whatsoever is contained in this our Edict bee for ever observed and kept forasmuch as wee have taken paines to cause it to bee so determined at the holy Synod of Mascon That of Cavallon in Provence or as others fancie of Châ—alons upon the Saon was holden in the yâ—er 658 By the call and appointment of the Illustrious King Clovis The Synod which was held in France ann 742 was called by Câ—â—loman as hee himselfe witnesseth in the Preface thereunto I Carloman Duke and Prince of the French with the advice of the servants of God and the chiefe Lords of the Land have assembled in a Councell all the Bishops of my Kingdome together with the Priests in the 742 yeere of Christs incarnation 5 In the time of King Childeric Pepin who then ruled all the rost called a Councell
did acknowledge him 12 Charles the sixth having called a Councell at Paris the yeare 1398. to consult about the schisme which then was betwixt Boniface the ninth and Benedict the thirteenth He would not suffer the Archbishops and Bishops of Rhemes Roan Sens Paris Beauvis and some others to assist there because they were Benedicts partizans by reason of the great courtesies they had received either from him or his predecessour 13 The Bishops of the fourth Councell of Toledo use this preface which is very remarkable Wee being assembled in the Citie of Toledo by the care and diligence of King Sisenand to treat in common of certaine points of Church discipline according to his injunctions and commands Wee will conclude this Chapter with a passage of Marsilius Humane lawgivers saith he are bound to chuse out fit men for the keeping of Councels and provide necessaries for the defraying of their charges to compell such as refuse to come thither provided they be able men and have beene chosen whether they be Clergymen or others CHAP. XI That the presidence in Councels belongs to the Emperour and Kings as also the judgement 1 THe calling of Councels doth not onely belong to Emperours and Kings but also the presidence and judgement in them Constantine the Great was president in that of Nice So Pope Miltiades testifieth in Gratians Decrees Valentinian Theodosius and Arcadius the Emperours doe confirme it in the same Decrees Constantine the Emperour say they presided in the holy Councell of Nice c. The reasons which are urged to the contrary are too weake to disprove these authorities as when it is objected that Constantine would have sit upon a low seat in token of humilitie that he would not be judge among the Bishops but professed that he ought to be judged by them that he would needs subscribe unto the Acts in the last place It is not good to use so many complements with Popes that which is given unto them of courtesie is taken as of necessity This yeelding hath made them soar so high that if this Councell bee received wee must talke of greater mâ—tters than kissing their pantofle If they who defend the Popes cause so stoutly refuse to beleeve their Canons at least without a dispensation what others will doe judge you St. Ambrose his authoritie which is further added is of no more force than the rest Constantine saith he would not make himselfe judge but left the judgement free to the Clergy Wee must distinguish betwixt the function of a Iudge and of a President They would have made him Iudge of the Bishops crimes that hee would not doe this is nothing to the Presidence we shall speak of it elsewhere The saying of Athanasius is the most pressing of all in that complaint which hee makes against the Emperour Constantius who would have been President and Iudge against him in the Councell of Milan yea and that so as to condemne him The condemnation was indeed injust but O how passion blinds us in our owne cause the good man to prove the nullity of the judgement urgeth amongst other things that it cannot bee a lawfull Councell wherein a Prince or any other Lay man is President For saith hee if it bee a judgement of Bishops what hath the Emperour to doe there Hee exclaimes mightily against such Presidence but all because hee was condemned there If hee had beene acquitted he would have beene sure not to have said mum to it Hee condemnes in this what hee approves in a like case for when hee was deposed by the Councell of Tyre he had recourse to Constantine he presents himself before him to make his complaint and was a meanes that the Emperour sent to seeke all the Councell to render a reason of that action of theirs If a man should have said then If it be a judgement of Bishops what hath the Emperour to doe with it What would Athanasius have answered 2 The grand controversie in point of religion betwixt the Catholique Bishops and the Donatists which was spred over all Africa was decided at Carthage by Marcelline one of Honorius the Emperours Officers after a long dispute in his presence Read all the books and you shall never finde that ever they complained of him Nay on the contrary St. Austine who was one of the disputants to testifie his gratitude for his just sentence dedicated his books De civitate Dei unto him Pope Nicholas admittes them unto Councels when points of faith are there handled yea and all other Lay men too without distinction whether it be to judge or to preside there 3 If a man will suppose mee here an ignorant Prince it would bee a very great indecorum for him to engage himselfe in such matters as these and hee had better forbeare yea and just so had a Bishop too But if the Prince have learning and ability what reason is there to exclude him It would indeed suit better with the dignity of his person to let disputing alone to the Bishops yea and the ordering of the whole action to some one of them or other such as hee shall thinke fit alwayes reserving to himselfe the Presidency with the determination confirmation and putting in execution the Decrees after hee hath seene and considered of them It is no jesting matter when salvation is in question a Prince hath as deep an interest in this as a priest But let us hold on our course 4 Zonaras testifieth that the Emperour Theodosius assisted at the first Councell of Constantinople and therefore wee may inferre that hee was president of it for wee read of no other that tooke that place upon him as we shall say elsewhere As for that of Ephesus Theodosius the younger sent Candidianus one of his Officers to preside there but with a limited commission having first charged him not to intermeddle with questions and controversies of divinity And this is the reason why Cyrill the chiefe in dignity of all the Patriarchs who were there in person is by some authours called the President of that Councell 5 Dioscorus Patriarch of Alexandria did preside at the second Councell of Ephesus by authority from the Emperour Theodosius This we collect out of the first Action of the Councel of Chalcedon where the Iudges that were presidents say How the Right reverend Bishops to whom at that time that is at the time of the Councell of Ephesus by the Emperours clemency authority was given over such things as should bee there treated of give a reason why the letters of the most holy Archbishop Leo were not read yea and when it was interposed that they ought to bee read Dioscorus the Right reverend Bishop of Alexandria made answer The Acts themselves beare witnesse how I did twice interpose that they might be read This is further confirmed by Evagrius in his Ecclesiasticall History 6 Bellarmine thinks he hath given us very good content by saying
Councell of Constantinople begun before this Nectarius was admitted Patriarch who was formerly a Patrician and Senatour and by consequent a Lay man Which is further confirmed by the letters of the same Synod of Constantinople to that at Rome where it is said We have created Nectarius Bishop of Constantinople in the open face of the General Councel with unanimous consent before the Emperor Theodosius and all the Clergy the Citie likewise consenting thereunto This being so I am afraid wee must bee forced to seeke the presidence in some other than Nectarius And without doubt the Emperour was the man let Bellarmine say what he will who removes him far from the Councell telling us how he sent the Popes letters thither which contained the convocation of it The Councell hath already enformed us by their letters which they sent to Rome that the Emperour was present at the election of Nectarius And Zonaras testifies that he assisted at the Councell after the creation of Nectarius Great Amphilochius saith he desired the Emperour that the Arrians who spoke ill of the sonne of God might be banished the Citie or at least prohibited from having any assemblies but perceiving that Theodosius set light by it having taken a time of purpose when Arcadius the Emperours son sat in the Councell with his father he did unto Theodosius both in word and gesture that honour which was due unto him as Emperour but unto Arcadius he said no more but God save you my sonne Whereat the Emperour being offended this holy man told him You who are but a man take it â—einously out that your sonne should be sleighted doe you thinke that God is not offended also that his only sonne should be evill spoken of 6 Come wee now to the third Generall Councell which was holden at Ephesus It hath been said above that Theodosius the younger sent one Candidianus thither for his part to preside there but with a limited power not to intermeddle with points of divinity This limitation was a reason why there was another to manage the action to wit Cyrill Bishop of Alexandria namely for such matters as Candidianus had no commission to deal in Now the question is whether Cyrill was chosen by the Emperour or by the Councell or assumed the presidence as of right belonging to himselfe And it is further questionable whether he presided in the quality of the Patriarch of Alexandria or of the Popes Legat. We cannot well resolve either one or other of these questions for want of authorities for the ancients doe not specifie whether he had this Presidence by election or intrusion or toleration And for the other query wee have nothing to say to it for certaine Hee was president 't is true he was the Popes Legat 't is true too But for all this it will not follow that the Presidence was granted unto him as the Popes Legat for so the rest of the Popes Legats should have been Presidents aswell as he which no ancient authour ever yet affirmed So all the places which are brought to prove the Popes Presidence in that Councell in the person of his Legats speake but of Cyrill only whence it follows that they exclude the rest â—rom it 7 There is yet a very notable reason which is that before there was any talke of this councel of Ephesus the Pope had sent Cyril in his stead to put the sentence in execution which was by him pronounced in his Councell at Rome against Nestorius Patriarch of Constantinople in case he did not relinquish his heresie within ten dayes after admonition For behold what the same Councel saith of it in their letters writ to the Emperours Theodosius and Valentinian Celestine the most holy Bishop of Great Rome signified by his letters the sentence passed by him and his Councell at Rome before any Synod was assembled at Ephesus and had delegated Cyrill to put in execution what had been adjudged by him at Rome and sent him in his place and stead And in deed the Pope thinking no more of that delegation sent afterwards other Legats for the Councell of Ephesus which yet did not preside there Which plainely shewes that Cyrill was president in some other quality than of the Roman Legat seeing they who had particular and expresse charge from the Pope to assist at that Councel for him and who came in fresh in his behalf had more right so to do than hee who had beene onely delegated by him to put a sentence in execution 8 For the fourth Generall Councell which was that of Chalcedon it iâ— plaine from what we have said of it already that one of the Popes Legats presided only in one Action and that in the absence of the Emperour and his Officers and not as a true President neither but as one who found himselfe to bee the most worthy person in degree of honour neither the Emperour nor the Councell having made other election besides that the Pope strongly affected this presidence that he writ to the Emperour about it that he complained to all the world of it that hee had given instructions to his Legats that they should be sure to take the place without suffering themselves to be prayed to it yea without being invited to it Nor can there be any advantage for the Pope taken from that which Zonaras saith in the third Tome of his History That the Pope was Prince of that Councell for that signifies he was one of the heads for Zonaras speakes as much of the other Patriarchs calling them Princes or prime men of the Councell The Princes of this Councell were saith he Leo Pope of Rome Anathalius Patriarch of Constantinople and Iuvenal of Ierusalem 9 For the fift Generall which is the second of Constantinople Bellarmine grants that Eutychius Patriarch of Constantinople presided at it and not Pope Vigilius but he addes that Vigilius might have beene president if he would He proves his assertion by the authoritie of Zonaras who makes against him if we reade the passage entire and not by halves as hee cites it for saith hee Vnder Eutychius that is the Patriarch of Constantinople the fift Councell was assembled consisting of 165â— Fathers of whom Vigilius Pope of Rome was Prince and Eutychius of whom we have spoken already and Apollinaris Patriarch of Alexandriaâ— See here the Pope was not president himselfe alone but had his associates which he will not allow And therefore wee must have recourse to what we have said before that the word Prince is taken for the principall among the Clergie whether for learning or dignity and this is the reason why all the Patriarchs amongst whom he of Rome is chiefe are called Heads or Princes of the Councell but there can nothing be inferred from thence for the presidence And to the end that we may put this exposition out of all question which is in it selfe most true over and above those passages of Zonarasâ— whereof we
have spoke already wee will yet produce some to that purposâ— out of the booke entitled An explanation of the holy and venerable Synods printed at Paris the yeare 1553 out of the Kings library Where it is said of the first Nicene Councell At which Councell Sylvester Bishop of Rome Alexander of Constantinople Alexander of Alexandria Eustachius of Antioch and Macarius of Ierusalem were heads or presidents Those were the five Patriarchs which were present there either in person or by their Legats Where notwithstanding to give notice of it by the way wee may observe a mistake in the author who by way of anticipation reckons the Bishop of Constantinople amongst the Patriarchs not remembring that he obtained that degree of honour at the second generall Councell holden at Constantinople and hither also must that other passage of the same author be referred The Presidents of this Councell were Damasus Bishop of Rome Nectarius of Constantinople Timothy of Alexandria Cyrill of Ierusalem Meletius of Antioch Gregory the Great the Divine Gregory Nyssen Amphilochius of IconiuÌ„ He reckons the five first as Patriarches and the three last as great Doctors famous for their learning Zonaras saith they were chiefe in the dispute using the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which the Latine translation renders Principes fuere For the third General holden at Ephesus he speaks thus of it In this Councel Celestine Bishop of Rome Cyril of Alexandria Iuvenal of Ierusalem and Memnon of Ephesus were Presidents This last is ranked also amongst the chiefest by reason of his worth and learning Of the fourth Generall holden at Chalcedon he saith At which Councell Leo Bishop of Rome Anatolius of Constantinople Iuvenal of Ierusalem and Maximus of Antioch were chiefs and Presidents Of the fift Generall at Constantinople The heads of which Councel were Vigilius Pope of Romeâ— Eutychius Bishop of Constantinople Apollinaris of Alexandria Domnus of Antioch and Damianus of Ierusalem Of the sixt Generall holden at Constantinople The chiefs of which Councel were Agatho Bishop of Rome George of Constantinople Peter the Monke deputy for the Bishop of Alexandria and Theophanes of Antioch Of the seventh Generall held at Nice The Presidents of which Councell were Hadrianus Pope of Rome Tarasius Bishop of Constantinople Politian of Alexandria Theodoret Bishop of Antioch Elias of Ierusalem In all which passages it is in the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and in the Latine translation Cui Concilio praefuerunt You see then the Pope is well accompanied in his pretended Presidence Hee is continually named first for his degree of honour before not for his superexcellence above the rest And besides hee is reckoned first only amongst the Clergy for as for the Emperours and their Officers they tooke place of all in Councels as is evident from the Acts But let us come back to Bellarmine againe 10 That other passage which he alledgeth out of Eutychius the Patriarch of Constantinople's letter to Pope Vigiliuâ— seems to be more pressing where hee saith Wherefore wee desire to treat and conferre upon these points with joynt forces Praesidente nobis vestrâ— beatitudine under your prâ—sidence These words might be spoke by way of complement in manner of a kisse-your-hand or proffer of service But however wee must of necessity confesse two things First that the Emperour Iustinian however he was not present at the Councell had authority there notwithstanding for he call'd it he sent the poynts which they were to deliberate upon he commanded them to appeare at the Synod with the rest of the Bishops Wee have commanded him saith he by our Iudges and by some among you to meet you and treat in common with you of the points aforesaid It is true the Pope excused himselfe saying Hee could not come these are his very words because there were a great many Easterne Bishops at the Councell and hee should have but a few Westerne with him there And this he alwayes insisted upon saying that hee would only give his advice upon three points which had been proposed by the Emperour and that in such sort that the Bishops of the Councell were offended with him for see here what they say of him at lastâ— And whereas hee proffered to give his advice by himselfe alone after he had beene divers times invited by us all to come hither and by the right honourable Iudges sent unto him on the behalfe of the most devout Emperour after he had notice of that answer having the Apostles admonition in minde That every one shall give account to God for himselfe and also fearing that judgement which is laid up for those that offend one of the litle ones much more when they offend the most Christian Emperour whole Nations and Churches and that which the Lord said to St. Paul Feare not but speake and be not silent for I am with thee and no body shall do thee harme We therfore being assembled together have acknowledged in the first place c. 2 The nâ—xt is that the Pope would never condescend to assist at that Councell though as it follows from these very passages hee was entreated thereunto both by the Emperour and all the Bishops therein In briefe hee desired alwayes to act his pageant apart and would not entermedle himselfe among the Easterne Bishops Wherefore nothing can be collected hence which makes for the Popes advantage But on the contrary whosoever shall read all the acts of that Councell will finde it is a thing much redounding to his disgrace that hee should be resident in the same Citie after a Councell was there assembled and being requested to goe to it to treat of points of great importance that hee should refuse to communicate with his brethren and fellow-Bishops as it is related in the very Acts. And without doubt this is a mighty breach in his universality especially seeing he excuseth himselfe for not comming into the Councell because he had but a few Western Bishops with him for he therby confesseth he had no great authority over the rest Yea it is one of the strongest arguments that can be brought to prove that the presidence in Councels belonged not to him it being very probable that if so he would have forborne comming thither Which Bellarmine in his workes doth not greatly dissemble 11 The Acts of the sixt General Councel which was the third of Constantinople tell us in downright termes that Constantine the Emperour was President of it and not the Popes Legats 12 As for the second Nicene which is counted the seventh it is not said in the Acts thereof that the Emperours assisted at it for they were absent There are indeed certaine Officers and Senatours which were present through all the Acts hâ—t not in the quality of Presidents or Iudges As for the Popes Legates they are named first in every action and subscribed in the first place but nothing can be concluded thence for the Presidence This was only granted unto the
of wilde beasts and leading a loose and voluâ—â—uous life addicted himselfe to suspected women evill entreating some of his Cardinals and maiming them in their limbes because they had reproved him for it Afterwards he relates how the Emperour Otho went to Rome how hee reproved him for his vices how the Pope standing in awe of him promised to behave himselfe well how he did the cleane contrary how when he understood the Emperour was comming againe he fled away into the Countrey of Campania Lastly he addes That the Emperour not spending the time called a Councell of the Romane Clergy in the City of Rome against that Pope Where the said Pope being deposed by the unanimous suffrages of them all another called Leo the â—ight of that name a man of great renowne of a laudable life and holy conversation was surrogated in his roome 5 The same Emperour saith the same author seeing a schisme risen in the Church returned back into the City and having understood the difference between the two competitours quickly called the Clergy together in Councell and so caused the one of them to be declared Pope and sent the other to wit Benedict the second into exile into Saxony He addes afterwards in commendation of the same Emperour Who would then have disputed with this great Otho about his judgement of the competitours for the Popedome and of one vicious and perverse Pope by himselfe Who durst have told him that they could not bee judged but by God alone I wish with all my heart there would come such an Emperour in our dayes that would cancell the many writings in this labyrinth which have encreased so fast by reason of the multitude of writers that a hundred Camels would scarce serve to beare them 6 Yet the Emperour Henry saith Platina having called a Councell compelled three Popes to renounce the Popedome namely Bennet the ninth Sylvester the third and Gregory the sixt Popes were otherwhiles deposed by the Councels of Pisa Constance and Basil. I know very well there are salves invented for all these sores that the crimes of heresie and schisme are excepted out of the rule But still it stands good that the Councell is above the Pope inasmuch as it is his judge in certaine cases Besides among these examples there were some that were condemned for other crimes 7 They say further that when a Pope becomes an heretique he is longer Pope As if any man lost his honour before hee were condemned And for schisme they hold that they that are unlawfully preferred are not accounted Popes Yet still they are condemned and judged by the Councels as such And besides some have beene deposed that were lawfully elected They hold that the Pope is reserved to the judgement of God alone It was the courtesie of Constantine the Great which first brought in this maxim which the Popes have appropriated to themselves and have excluded their fellow-Bishops from it howbeit he spoke of all And see here how well they knew to make their advantage of things But the worst is that though they have beene alwayes harping upon their priviledge and exemption yet they have not alwaies beene beleeved but divers of them have beene accused judged and condemned as appears by the former instances So that in truth setting aside the testimonies of the Popes which depose as witnesses in their owne cause we find no good ground to build this pretended priviledge upon unlesse it be in certain particular Synods composed of Italian Bishops which depended upon the Popes as the fourth of Rome holden in the time of King Theoderic for the condemnation of Pope Symmachuâ— where the Bishops set downe these two maxims One that a Councell ought to bee called by the Pope and not by the King Th' other that he ought to be reserved to the judgement of God The falsity of the first is apparent from that proofe which wee have made of it elsewhere As for the second we must perswade our selves that these good Fathers would have us to beleeve so who were opposed herein by Theoderic and the Senat of Rome who notwithstanding when all came to all let go their hold referring all entirely to the will of the Synod which used in this matter rather a kinde of arbitrement and composition than a judiciary processe putting thus much howsoever in their subscription for fear lest they should seen to have quitted a guilty person That they left the whole judgement of it to God Now I am content their opinion be so that the Pope could not be judged by them for this must alwayes bee understood of a particular Synod such as this fourth of Rome was not of a Generall seeing there can be no example urged in that kind And even for particulars there have beene divers which have proceeded to such condemnations the precedents whereof have beene already observed whereto wee shall adde that the Popes themselves have practised it 8 As for example Stephen the fourth Who saith Marianus Scotus in his Chronicles so soone as hee was elected desired the Emperour Pepin to cause the most expert and understanding Bishops to judge of Pope Constantine in a Synod The Councell then being assembled at Rome caused all his Priest◠〈◊〉 bee burnt and Constantine himselfe to bee buffeted compelling him to make a resignation and hee was afterwards burned Stephen the sixth in the yeare 898 Having assembled a Councell hee caused the corps of Formosus his predecessour to bee apparelled in mans attire and after hee had made him to bee devested of his pontificall garments he caused him to be throwne into the Tyber after he had made two of his fingers to bee cut off So saith Martinus Polonus in his Chronicle and Platina after him in the life of Formosus Iohn the ninth in the year 900 taking Formosuâ—'s part Held a Synod at Ravenna of seventy four Bishops where that was condemned which had been done by Pope Stephen saith the same Martin in his Chronicle See you now how the Popes themselves have proved by their owne practices that they may bee judged by particular Councels 9 As for Generall Councels they never so much as thought of exempting the Pope from their jurisdiction On the contrary wee read that Pope Leo the fourth being accused of treason that is of going about to transfer the Empire upon the Grecians hee submitted himselfe to the judgement of Lewes the second Emperour and King of France as we read in the Decree See now how that excessive greatnesse findes some superiours yea and acknowledgeth them too not abating ought of its right but applying it selfe to its duty Wee have made mention already of the condemnation of Formosus at the sixth Generall Councell We know also what was determined concerning this point at the eighth General Councel of Constantinople one of the most favourable to the Popes that ever was holden considering that the Legats commanded there according to their desire with all the honour done
shall confirme all the things aforesaid and shall approve them in authentique forme and sâ—all make an absolute promise of them anew yea and that in manner of a contract c. There are yet some other clauses to restraine him further which need not be rehearsed they being all bound and tyed by this vow and solemne oath Iulius the second was chosen Pope being one of them that had sworne so religiously who to satisfie what was promised made his Papall oath in this wise The subscription vow and oath of Pope Iulius the seâ—â—nd concerning the things aforesaid 22 I Iulius the second Pope being chosen to the dignity of supreme Bishop doe promise swear and make a vow to fulfill and keepe all the things aforesaid and every of them wholly and entirely purely simply in good truth readily and effectually upon paine of perjury and anathema from which I will neither absolve my selfe nor procure my selfe to bee absolved by any other So helpe me God and the holy Gospels All this was done in the year 1503. Now Iulius so litle regarded those two oathes so solemnly sworne that he let not onely two years go but even six or seven over and above without ever taking any great thought of accomplishing his vow Whereupon the Emperour Maximilian King Lewes the twelfth with a number of Cardinals and divers other persons being scandalized especially because Iulius more strongly representing an Emperour than a Pope did imploy himselfe in wageing warre they resolved to take order for it and to that end those Cardinals upon request made unto them by those two Princes called the General Councel of Pisa in default of the Pope the year 1511. Which the Pope perceiving hee called his at Rome to quash the other as Onuphrius told us So that the one is called upon a lawfull causeâ— the other to a very bad end 23 This is not all The Councell of Pisa submitted so farre to Pope Iulius that when they saw he was determined to keepe a Councell they desired him to have it in some free citie and of safe accesse which if so then they offered to come unto it For you must take notice by the way that this was another Iulius Cesar which made his armour ring all Italy over and that even against the Gauls aswell as the former whose name hee bore Yea they came so far as to entreat him to make choice of any one of those ten free cities which they should nominate in divers Provinces or himselfe to nominate as many in Italy which were not vnder his temporall jurisdiction nor under the Venetians and they would agree of one of them To the end say they that it may be evident to every one that the holy Councel proceeds in all things with bounty humility and peace and that they doe not deny your due reverence they have thought good to send their Oratours unto you with expresse charge and speciall power that the cities here mentioned be presented to your Holynesse in the name of the Synod which are most of them Imperiall cities to wit in Italy Vercel Turin Casal of Montferrat and Verona Out of Italy Geneva Constance Besanzon Mentz Avignon and Lyons to chuse which of them you please after which choice the Councel will remove thither c. But if your Holynesse thinke it not fit to accept of any of these places for the greater evidence of the good meaning of the Synod and to make their reverence towards the Pope more plainely appeare it is left to his power to nominate as many Imperiall cities in Italy so they bee not within his temporall dominions nor the Venetian jurisdiction c. 24 The Oratours of the Synod having sent a messenger from Florence to Rome to get a safe conduct of the Pope they had no list to goe any further by reason of the ill entreating the injuries and beatings done to him whom they sent who was compelled for fear of prison or death to returne without doing any thing of which there was an Act and instrument drawne which is extant amongst those of the same Councell The Synod being advertised hereof did resolve to expect yet thirty dayes to see whether the Pope would alter his resolution whereof intimation might be made unto him by placards set up in places next adjoyning because free accesse thither could not be had All this is related in the very Acts. Wee may doe better to set downe the very words of them But forasmuch as the said Oratours as soone as they were arrived at Florence sent a faithfull and loyall messenger to the Court of Rome to procure a safe conduct from the Pope Which they not only did not obtaine but which is worse the messenger was so horribly threatned that hee was constrained to flie for feare of prison or death and to returne againe to the said Oratours as appears more at large by the instrument made thereupon the holy Synod granteth appointeth another terme of thirty dayes c. And forasmuch as it is notorious that there is no free accesse to the Pope the holy Synod ordaines that this decree of prefixing this terme bee published and intimated to his Holynesse by billes set up if it may be done in the neighbouring places and next adjoyning whereby probably it may come to the knowledge of the Pope or at least to the Cities of Milan or Florence 25 The Pope in stead of accepting what was fairely offered him on the contrary commanded all those of that Synod to depart from thence upon paine of loosing their offices and benefices say the same Acts. Yea he and his Councell went so farre as to excommunicate King Lewes the twelfth and the Cardinals that were at Pisa as saith Onuphrius putting the Realme of France in an interdict and stirring up the Kings of Spaine and England against our Prince the one whereof brought over his armies into France and the other into the Kingdome of Navarre as the same author hath it a great part whereof he conquered and yet holds by that only title It is further to bee observed in behalfe of our France that there were a great number of Bishops and other Prelats and Ecclesiasticall persons of this Kingdome present there at Pisa and besides the deputies of the Vniversities of Paris Tholouse and Poictiers as it is recorded in the same Acts. So that whatsoever was there done by Pope Iulius doth principally redound to the discredit of this Nation 26 But that it may more clearly appeare what manner of man this Iulius waâ— we will here set downe what the Legend of Flamens saith of him an ancient book and not to be excepted against in this case O Pope Iulius saith it who wast surely the abomination of all desolation as a moderne authour testifies durst thou falsifie thy faith desert St. Peters chaire and usurpe the title not only of Iulius Cesar for he never falsified his faith nor ever went against his loyalty as thou but
King Henry the third because he was certified of the conspiracies which they made against the State It is notoriously knowne to many that the League was sworne in Tholouse by the blacke Penitents and that as many of these Orders as are in France did all conspire to the like ends And yet notwithstanding we see them now adaies spring up againe in divers Cities This Societie and Fraternitie was renewed by Gregory the thirteenth the yeare 1576 as appeares by his Bull of the fourth of October What time a little after the arrivall of the Bishop of Paris that consultation about the League was held at Rome which was found in the Advocate Davids coffer Now the penance which Gregory saith he renewes unto them is this That the said Brothers in stead of those which wee call Canonicall houres shall not faile to say the Lords prayer five and twenty times Pater noster c. and the Angels salutation as many times Ave Maria c. Adding at the close Gloria Patri c. which is said after every Psalm in the Church And also they shall say the said Orisons and Salutations Pater and Ave seven times with the versicle Requiem aeternam c. and the responce Et lux perpetua c. 5 All these Pater nosters Ave Maria's and Requiems are comprehended in a Crowne or Chaplet spoken of in the same Bull the forme whereof is represented at the end of the Bull which they must hold in their hands and say over in order in such a measure as is there exprest And this being so done We release them saith the same Gregory twenty yeares the sundayes and festivals and other holidayes ten yeares of the penance which shall or ought to bee enjoyned them upon the day that they shall be acquitted from the said Crowne Besides wee grant unto the said Brothers plenary indulgence and pardon of their sins such as being contrite and confessed shall say over the said Crowne or Chaplet upon the dayes of Christmas Easter Whit sunday as also upon those other daies which the Catholique Church doth celebrate in honour of our Lord Iesus Christ and of our Lady 6 There are yet other Indulgences in the same Bull both for the quick and the dead which we omit It was printed at Paris by Michel Iulian the yeare 1583 with the picture of our Lady stretching out her veile over two of these Battu's or Penitents dressed in their proper habits and hoods which cover all the head except the eyes and their whips in their hands which made mee call them heretiques for they are the successours of those Flagellators that were condemned as such We will here set downe some passages out of such authors as speake of them 7 And first out of Nauclerus Provost of Tubinge In the same year 1346 the Flagellators came into Germany men of divers conditions who begun to whip themselves travailing from place to place Two hundred of them came out of Suevia into Spire having among them one head two masters whose command they obeyed These setting themselves in a ring before the Monasterie of Spire about an houre after dinner and putting off their garmeÌ„ts having shirts on after the fashioÌ„ of breeches which went from the wast down to the heels they cast themselves down upon the ground in form of a Crucifix all of them whipping themselves singing calling upon God turning theâ—selves upon their faces praying for theÌ„selves for their benefactors and malefactors There were amongst them some Priests and lettered men both noble and ignoble women and children The good will of every one of the inhabitants of Spire was so great towards themâ— that being all presently invited there were not enow of them for those that desired them For they tooke no almes but if they were invited to any mans table they went with the leave of their masters They whipt themselves twice a day and every one once a night privately They never spoke to women They wore all crosses upon their garments before and behinde and upon their bonnets having whips hanging at their garments and they staid not above one night in one parish into this societie they admitted above an hundred people of the Citie of Spire But none was admitted untill he had first promised to observe all things aforesaid and that hee was able de proprio to spend eight pieces of silver a day called Hallenses that he needed not begge and that hee was certaine he had beene confessed contrite and had forgiven his enemies all manner of injuries and besides it was requisite hee should have his wifes leave There came such a multitude of them to Strasbourg as it was impossible for any man to number them But there they were compelled to forbeare by the Emperour Charles the fourth and by the Friars mendicant and the Priests At last they went on devotion to Avinion where the Popes Court was And after they had whipt themselves in St. Peters Church Clement the sixt would have imprisoned them but some of the Cardinals excused them Then the Pope forbad both them and all other Christians to use any such publique whipping from thence forwards upon paine of excommunication by that his sentence and yet that a penitent might whip himselfe in private notwithstanding Albertus Argentinensis hath the very same story in the same words 8 The author of the booke intitled Chronicum Chronicorum speaks thus of them The Sect of the Flagellantes had their originall in Italy and from thence it was spread into Germany and France They whip'd themselves out of ostentation with knotted whips whereto were fastned certaine pricks from this Sect many grievous errours arose in diverse places about the faith and sacraments of the Church At last it was utterly rooted out partly by fire and partly by sword Albertus Crantzius hath a long discourse of them much like to that of Nauclerus About this time saith he meaning about the yeare 1300 the Sect of the Flagellants did strangely increase in many Provinces It is uncertaine who was the first author of it unlesse it was he that sowes tares while other men sleep as the Gospel speaketh Hereupon they were called Acephali that is headlesse Clownish fellows that tore their bodies with the lashes of their whips through the fields in Germany They wore crosses upon their garments They marched in troups through the countrey in an orderly Procession having their head and face covered all but the eies and their countenance cast downe upon the ground they alwaies looked sad and discontent Their whips were made of three cords everie one of which had a knot and every knot his piece of iron sticking out in fashion of a crosse They had their backs and shoulders all putrified with great blowes and wounds As soone as they were entered into a Churchâ— they put off their clothes and appareld themselves in linnen breches which went from the navill downwards c.
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
side and other the Emperour was reconciled to Gregory and confirmed him Pope as was then the custome of Emperours to doe 17 The same Platina saith in the life of Alexander the second that a certaine Archbishop delegated on behalfe of the Emperour Henry the fourth reproved him very sharpelie for usurping the See of Rome without the Emperourâ— command contrarie to law and custome It is true he addes that Archdeacon Hildebrand who was Pope after him and was called Gregorie the seventh defending the Popes cause said That if hee would consent with law and ancient custome the election of him belonged to the Clergy And by these reasons brought over the Archbishop to his opinion So that this was out of faint-heartednes and not by the truth of his reasons for he himselfe that urged them when he was made Pope received his owne confirmation from the Emperour as wee have said 18 The right of the Emperours in the election and confirmation of Popes being such there can bee nothing now alledged against these authorities but mere usurpation and violence which the succeeding Popes have used towards the Emperours to deprive them of it For after all these there was no more neither contracts nor agreements about this subject CHAP. IX Of the election and investiture of other Bishops 1 LEt us speake now of other Bishops The Patriarchs were created also by the Emperour or at least by his consent and approbation Balsamon the Patriarch of Antioch gives testimonie of it The Orthodox Emperours who by the invocation of the blessed Trinitie preferre the Patriarchs and are the anointed of the Lord goe in to the sacred altar when they will As for other Bishops we have learned from the Canons before alledged that the approbation and investiture of them belongs to the Emperours and they were wont so to use them even with the consent of the Popes and Synods 2 The authoritie which the Councell of Trent gives to the Pope at this day to dispose of dignities and Prelacies belonged anciently to the Emperours yea and that in such sort as the Popes themselves never came in competition with them for it but all the power which they had in that respect proceeded from the commission delegation or grant of the Emperours They are the Popes owne Canons which say so Leo the fourth in Gratians Decrees entreats the Emperours Lewes and Lotharius that they would bestow the Bishoprique of Riete upon a certaine Deacon called Colonus and to be pleased that with their leave and permission hee might consecrate him Bishop Which was granted him as appeares by the letter which the Pope writ to the Countesse of Riete about it The Emperour and Emperesse saith he enjoyned me by their letters to make Colonus Bishop of Riete which I have done accordingly 3 Guido Earle of the same Citie by his letter entreated Pope Stephen that hee would consecrate a Bishop that had beene chosen by the Clergy and people that so the Church might not continue any long space without a Pastor To whom hee made answer Wee could not consecrate him so soone as you desired because hee brought us not the Emperours letters containing his pleasure therein as the custome is by reason whereof wee are perplexed But we advise you seeing wee can doe no otherwise in this case to procure the Emperors licence as the ancient custome is and his letters directed unto us so shall wee not faile to satisfie your desire and to consecrate him that was elected 4 St. Gregory in the same Decret of Gratian makes his complaint to the Empresse Constantia how the Bishop of Salona which some call Spalato at this day had beene consecrated by another than himselfe and how upon that occasion he had suspended him from celebrating Masse till such time saith he as I shall haue understood from my most Illustrioâ—s Lords whether they commanded him so to doe Hee afterwards addes For all this he doth not forbeare celebrating of masses and that hee would not come unto him according to the Emperours command 5 In the Canon Principali Pope Pelagius the first or second writes to the Bishop of Forcella how he had received a letter or commission from the Emperour called Sacra whereby he was commanded to create a Priest a Deacon and a Subdeacon in that City in obedience whereunto hee commanded the said Bishop to proceed to the ordination Gregory the thirteenth in his new purgation of the Canon law saith that the consecration spoken of in this Canon was made upon the Emperours demand He should have said by the Emperours command For it is in the text praecepit and not petiit 6 Gregory the Great speakeâ— in another place of a Bishop of Locri elected by common consent of a Councell and assisted by the Emperours pleasure in the yeare of the Lord 1046. Gregory the sixt created Odilo Abbat of Cluny Archbishop of Lyons by his owne proper authoritie sending him the Pall and the Ring which he received yet without accepting of the Dignitie saying he would reserve it for him that should bee chosen Archbishop At the same time the Emperour Henry the third to whom Lyons then belonged as an Imperiall Citie was perswaded as well by the Bishops as by all the people to ordaine Odolricus Archbishop thereof who was Archdeacon of Langresâ— a man worthy such a charge which he did 7 The same Emperour made an Edict against Simoniacall persons where he urgeth this reason As God hath freely given me the Crowne of the Empire so will I freely bestow that which belongs unto his religion and will have you also to doe the like saith he speaking unto the Bishops whom hee had assembled in a Councell to provide against that contagion which was so rife in those dayes and having found them all almost spotted with that disease having pitie on them he gave them this comfort Goe your wayes saith he and endeavour honestly to distribute what you have unlawfully received and pray to God for my fathers soule who is guilty of this fault as well as you Therefore the Emperour Conrade his father created those Bishops though it were by Simony 8 All the rest of the Emperours that lived both before and after him had the same power of chusing or confirming Bishops and other Ecclesiasticall Prelats or of approving them by putting them in possession of such dignities by granting them investitures into them Helmodius a Priest and historian makes Vicelin Bishop of Aldembourg speake thus To invest Bishops belongs onely to the Imperiall Majesty He puts the same language in the mouth of the Archbishop and Clergie of Breme The investiture of Bishops is permitted onely to the Imperiall dignity A certaine Bishop of Germany in a treatise made by him of the Investiture of Bishops the yeare 1109 saith amongst other things That Gregory the great writ to Theodorick Theodebert and Brunedulde Kings and Queene of France to make their
the people and have been content to give onely their consent or to confirme them or to give the investitureâ— The Emperour Charles the Great ordained by his Capitularie Lawes that the Bishops should be chosen by the Clergie and people of the same Dioces Our Popes have not forgot it in their owne bookes thinking that they had gain'd thereby some advantage upon France But our Kings by this remitted nothing of their authoritie but reserved unto themselves their consent and approbation and investiture which they used ever after even Charles the Great himselfe the authour of that law But howere it be hee that made the law may unmake it he may change it at his pleasure If there were any thing in it to their disadvantage which there is not 17 They would also make a law against our Princes from a certaine pretended prohibition which Nicholas the first set out against King Lotharius that he should not permit any to bee chosen Bishop of Treves or of Cullen without first consulting with the See Apostolique declaring unto him he was not pleased that he should meddle in such elections to preferre such persons as were his favourites And they have laboured all that they could to gaine this authoritie over our Kings which they for their parts have alwaies stoutly defended even by making faire decrees to debarre them from meddling 18 Possibly it will be said unto us that all this is done by usurpation abuse and unlawfull attempt There then wee must straine to root this false opinion out of their braines We will therefore justifie their right by the authoritie of Councels and first by that of Orleans which is accounted the fifth holden in the time of Pope Vigilius the first and of King Childebert the yeare five hundred fortie nine where this decree was made That it shall not be lawfull to obtaine any Bishopriques by presents or by meanes of any such like purchase but with the kings consent according to the election of the Clergie and people as it is written in the ancient Canons 19 Carloman Duke and Prince of the French speakes thus in the Synod of France holden in the yeare seven hundred fortie two By the Councell of the Clergy and chiefe men of the kingdome we have ordained Bishops over the Cities Pepin Duke and Prince of the French useth the same termes at the Councell of Soissons holden in the yeare seven hundred fortie foure Wherefore saith he we have instituted and ordained lawfull Bishops over the Cities with the advice of the Clergy and Princes of France Now this is spoke by them with the approbation of those Councels yea they are the verie Acts of the Councell which speake so 20 The Councell of Paris addressing their words to the Emperours Lewes and Lotharius under whom it was holden in the yeare eight hundred twenty nine We intreat your Majesties to use great diligence and most exact care in the institution of Rectours and Pastours in the Church This petition presupposeth that such right belong'd unto them and that the Councell thought so otherwise they would rather have intreated them to forbeare 21 The Councell of Valentia holden in the yeare eight hundred fiftie five intreats the Emperour Lotharius that as soone as certaine Bishopriques shall come to be void he would leave the Canonicall election unto the Clergie and people of that Citie And as for such as should be sent from the Princes Court if upon examination any default were found in him either for manners or learning or any thing else that he would be intreated to chuse another Whence we collect that the Councell consents unto this that the Prince may elect any of his Court such as he shall thinke good provided they be of qualitie requisite to Ecclesiasticall dignities and for the rest intreats him to leave the election to the Clergie and people It showes us that this was in their power and withall that the Councel intends this election shall be made by the Clergie and people saving the consent and approbation of the Prince Let us proceede to other testimonies 22 There is a very remarkable one in Marsilius of Padua his Defensor Pacis And as for the proposition about the institution of Ecclesiasticall Ministers and the distribution and collation of temporall benefices I will shew by the authority of the Catholique Kings of France some things which are not to bee contemned but ought rather to be considered for they assure us that the authority of instituting and bestowing of certaine Ecclesiasticall offices benefices and temporall meanes belongs unto them by right which de facto they have caused to be inviolably observed to this very day in such sort that this authority is not derived from them either upon any particular person or upon any Colledge of what condition soever So neither is the law-giver nor Prince prohibited by the law of God to make such institutions collations and distributions 23 Our expositors upon the Civill Law say the same and testifie by their writings that this facultie of conferring dignities and Ecclesiasticall benefices belongs unto our Kings of France determining further that it is a thing which may be done and amongst others Iohannes Monachus Alexander Lancelot Conrade all which speake both for matter of right and fact Lupus Abbot of the Abbey of Saint Peters of Ferrieres who lived in the time of Charles the Bald about the yeare 870 writing to Amulus Archbishop of Lyons saith That it is no new nor rash thing that the King should furnish the most honourable Churches with his Courtiers considering that Pepin from whom hee is descended by Charles the Great and the most devout Lewes both Emperours having given Pope Zacharie to understand in a certaine Synod the necessity of the Realme hee got his consent to furnish the Churches with good Pastours after the decease of the Incumbents remedying by that meanes the badnesse of the times 24 Hildebert Archbishop of Tours who liv'd about the yeare 1080 under Philip the first King of France approves the presentation made by the King to a certaine Bishoprique of his realme commending him on this manner I congratulate with virtue that hath her reward under our King Hee hath found that the power of a King shines more bright by gifts and liberalityâ— than by the Scepter and that it is not sufficient for a Prince to stirre up his subjects to well-doing by examples unlesse they be also provoked by rewards Hence it is that your good manners were honoured by a great Priesthood The disposition of the King was sound and prudent considering it could not better provide for the Church than by placing you in it 25 Ivo Bishop of Chartres after he was elected by the Clergie was presented to the same King Philip the first and received his investiture and Pastorall staffe from him upon the refusall of the Archbishop of Sens he was consecrated by the Pope
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
falsly usurped the name of Pastour the authour of the conspiracie made against me At last hee was condemn'd to banishment and afterwards recalled and restor'd to his citie and Bishoprique by the King himselfe Chilperic assembled another Synod to try the accusation of high treason objected against Gregory Bishop of Tours grounded upon this surmise that he would have delivered the Citie of Tours to King Guntrand where he was acquitted as not guilty and Leudastus his accusâ—r excommunicated Chilperic also upon an accusation brought by one Suâ—nigisilus against Giles Bishop of Rhemes as guiltie of a conspiracie against King Childebert caused him to be apprehended and carried to the Citie of Mentz where he assembled some Bishops who proceeding to judgement upon him deposed him from his Bishoprique and confined him to Strasbourg Didier Archbishop of Guien was deposed at a Provinciall Councell assembled by the same King at Chaalons in Burgundy 23 Childebert and â—untrand made certaine Bishops assembleâ— to proceed in judgement upon the Abbesse and her Religious of Poictiers Wee are met together say those Bishops by the command directed unto us by virtue of your power Bishop Adlabert was condemned of heresie by three and twentie Bishops at the Councell of Soissons with the consent of King Pepin and of the people and the Counsell of the greatest Peeres in France The like was done unto three Bishops accused of conspiracy against King Lewes the Piteous by the sentence of a Synod assembled to that end by his command So King Charles the Bald assembled some Bishops to condemne his sonne Carloman who was a Clergy man and his complices of the same profession 24 Sometimes our Kings proceeded to judgement by their owne sole authoritie without ever assembling the Clergy So Chartier Bishop of Perigord was accused before King Chilperic upon occasion of some letters writ against him and was acquitted because it could not be proved One Theodorus Bishop of Marseilles was also brought and accused before King Childebert but in conclusion absolved as not guiltie and accused after that together with another Bishop called Epiphanius that they had received into Marseilles Gundebaldus who said hee was the sonne of Lotharius who after they were heard examined and found not guiltie were notwithstanding kept in prison 25 We read notwithstanding that King Charles the Great called an assemblie of Bishops to heare Felix Bishop of Orgelle who was accused of heresie and being convinced he was sent to Rome to Pope Adrian before whom hee abjured his heresie and was sent backe to his Bishoprique But it may bee answered that this was not properly an accusation but only a dispute and that when the Bishops of France had heard and convinced him of errour they would doe Pope Adrian that honour as to send him to him that hee might have the hearing of him afterwards So his heresie was condemn'd yet after that at the Councell of Francfort as appears by the Acts of it 26 The Popes were anciently so stanch in this regard that they tooke not upon them upon their owne accord to judge of the crimes of other Bishops save onely such as were of their owne Diocese but suffer'd those to proceed upon them to whom of right it appertained So the Clergy of Valentia having accused Maximus their Bishop to Pope Boniface the first of many grievous and heinous crimes hee would not meddle in it but return'd the judgement to the Bishops of France They would not take the cognizance of them neither in the first place nor by appeall not even then when the Bishops of a Province were divided which yet was a faire pretence but in that case they were cal'd in judgement before the Metropolitan and other Bishops of the next Province according to the fourteenth Canon of the Councel of Antioch inserted in the Decret From which the Canon Hosius inserted in the same Decret doth no way derogate which speaks of civill controversies amongst Bishops and not of criminall causes as appears by the fourth Canon of the Councel of Sardis from whence it was taken In which case it was granted as an honour to Saint Peters chaire that if either of the two Bishops bee not content with the judgements given by some of their fellow Bishops that they shall write thereof to the Bishop of Rome to the intent that if hee thinke good they should proceed to judgement againe his advice may be followed and and that Iudges may bee assign'd unto them by him 27 But to returne to criminall matters Such processe was ancientlie used concerning them in this Kingdome as wee have said already That jurisdiction at this present is divided betwixt the Kings Officers and the Clergie of France The Iudges Royall have the cognizance of priviledged causes such as are high treasons tumults seditions ambushes bearing of armes assassinations and such like in respect of which they may proceed and pronounce against all kind of Clergy men yea even against Bishops and Archbishops As for other crimes which are called common such as are actions of trespasse battery concubinages murders forgeries and such like the official and other Ecclesiasticall Iudges have the cognizance of them If I should make these expositions in the Palace I should bee affraid that all the Proctours would cast their caps at mee to whom this is sufficiently knowne But considering the foundations of our practise are shaken and are like to bee cut up by the root it is requisit that I make this rehearsall and that I bring authorities for proofe of my assertion for feare I bee accus'd of ignorance in a matter which every one knowes 28 This distinction of crimes in the person of Clergy men is approved by the Ordinances of our Kings mention is made hereof in that of King Francis of the yeare 1540â— Article the eleventh made at Castle-Briant the year 1551. And that of Henry the third made at Paris the year 1580. Article the twentie one Come wee now to the practise of our Courts This distinction hath alwaies beene observed by all the Courts of France who have set downe the very forme which must be observed in such proceedings who have decree'd That the processe shall bee made and finished by the Iudge Royall upon a priviledg'd case before it bee remitted to the Ecclesiasticall Iudge notwithstanding the declinatory That for tryall of the case Royall it shall bee lawfull to proceed even unto torture inclusively That for the crime of Adulterie committed with notorious fornication a Bishop or other Clergy man is under the jurisdiction Royall As also for the accusation of forgerie by him committed That a Lay Iudge upon just cause may make the processe made by the Officiall upon a common offence be brought before him And notwithstanding the absolution from the common offence condemne the party accused upon the priviledged case And an infinite number of other rules which it would bee tedious to rehearse To
in what need of reparation the Churches stand 13 The Royall jurisdiction in France suffers prejudice hereby considering it belongs to the Lay Iudges to take order for such reparations as wee shall prove in another place hereafter But that which is ordained in the tenth Chapter of the twentie fourth Session is yet more exorbitant namely That the Bishops as Delegates of the holy See have power to ordaine rule punish and execute according to the determination of the Canons in all things which concerne the visitation and correction of their subjects Whence it will come to passe that if a Bishop condemne any of the people under his jurisdiction for eating an egge in Lent or any such like thing hee must trudge to Rome to get his sentence made good 14 The like here is decreed concerning the visitation of Hospitals Fraternities and all kinde of sacred places Colledges and Schooles For it is given unto the said Bishops as Delegates for the Popes although it belong unto them by virtue of their ordinarie jurisdiction by the Decree of the Councell of Vienna holden under Clement the fifth at least for asmuch as concernes Hospitals And in our France such visitations belong to the Lay Iudges and especially to the great Almoner who hath the super-intendence of them So saith King Henry the second in expresse termes in his Ordinance of the yeare 1552 Our great Almoner saith he hath the super-intendence cognizance over the Hospitals and Spittles of our Kingdome that they bee well and dulie maintained as well for the reparation of them as for the imployment of the moveable goods thereunto belonging And whether the poore sick folks and distressed persons resorting unto the said Hospitals bee entertained and lodged maintained and fed according to the revenues of the said Hospitals As also to compell the masters and Administratours of such Hospitals to make account of the said meanes and revenues See here that which compriseth every part of the visitation and all that belongs to the office of him that is to bee the visiter 15 By another Ordinance of King Francis dated the fifteenth of Ianuarie 1546 the visitation of the said Hospitals and other charitable places is committed to the Iudges Royall Ordinaries of the place where such Hospitals are situate All Governours and Administratours of Hospitals or other charitable foundations shall be compell'd by our Iudges of the places next adjoyning to give up their accounts of the revenues and administration of the said Hospitals by what titles soever they hold them together with the charters and titles of their foundation if they have any within two monthes after the publication of these Presents Whom wee command and expressely injoyne everie one respectively within his Precincts and jurisdiction that immediatly after the publication of these presents they visit the said Hospitals and charitable foundations to enquire of the revenue estate and reparation of the places and the number of beds and poore people whom they shall finde there It is true that upon the publication of the said Ordinance there was some opposition made by certaine Bishops and Abbats of this Kingdome and by the grand Almoner but upon the said opposition there was no more decreed by the Court of Parliament of Paris but this That out any regard therunto had they should proceed to the publication ordaining nevertheles That within every one of their Ecclesiastical Precincts each Ordinary Bishop or Abbat the grand Almoner might commit and delegate one or two honest men to assist the Iudges who were to execute the said letters patentsâ— yet without hindring or contradicting the said Iudges in such manner as that the Kings will and pleasure might bee put in execution This Ordinance was yet further confirm'd by another of the same King Francis dated the sixth of Februarie 1546. And by another of Henrie the second the twelfth of Februarie 1553. 16 With better reason may wee say that the visitation of Schooles erected for the institution of youth should belong to Lay Iudges Howsoever it bee such visitations are not cases reserveâ— to the Pope and therefore this Delegation is against the rules of the Canon law As is that also which is granted unto them for the execution of things given to pious uses in such cases as are allowed by the Law The Bishops saith the Councell as Delegates for the See Apostolique shall bee executours of all pious donations given as well by last wils and Testaments as by those which are yet alive in such cases as are permitted by the law Now by the ancient Decrees they are executours of such donations Iure proprio Witnesse Gregorie the ninth in a â—ecretall of his Be it that all testaments to pious uses should bee taken care for by the Bishops of â—he places and that all things should be confirmed according to the will of the deceased Howbeit the testatours themselves should have prohibited c. Which he further confirmes in another Decretall The executours appointed by the Testatour after they have undertaken that charge ought to bee comâ—ell'd by the Bishop of the Diocese to performe the will of the Testatour The like was ordâ—inâ—â— by the constitution of the Emperour Anthemius If the Tâ—statour saith he hath expressed the summe of the legacie or Testament in trust given to pious uses without appointing the partie that shall bee executour of his will the Reverend Bishop of the citie where the testatour was borne hath power to exact what was bequeathed to that end executing the holy intention of the deceased without any delay 17 A man might observe divers other Articles of this Councell where such delegations are granted to Bishops and Ordinaries which is as much as to annihilate their intire jurisdiction and devolve it upon the Pope that so all may depend upon him and his power may be so much the greater Wherein many men are prejudiced to wit the Bishops who loose that which belongs unto them having it onely by way of loan or in a precarious manner The Metropolitans who are hereby deprived of the appeals which should come unto them from the sentence of the Bishops And the Lawyers as well Ecclesiasticall as Lay who must bee constrained to goe to Rome either to voyd the appeals which will be put in or at least to get new Commissioners in case hee faile to appoint the judgement In partibus according to the liberties of France which will be as great a foile as can be imagined 18 Weâ— will now speak of Evocations which is another mightie means for the Pope to make him absolute Lord of all Ecclesiasticall justice to get the cognizance of all causes which hee shall thinke good to make his Court more frequented than ever it was This Councell after it had decreed that the judgement of causes cannot bee taken from the Ordinaries by any extraordinarie commissions Evocations nor Appeals it addes Except in such causes as ought to bee tried
Bernard reproves the Pope for troubling the state of the Church by exempting Abbats and others subject to Bishops submitting them to himselfe immediatly 4 The same Durant maintaines That the Pope hath no power to grant such exemptions considering that they overthrow the generall order of the Catholique Church which proceeds from Godâ— the Apostlesâ— the holy fathers and generall Councels and which was approved and confirmed by Popes that by this order all the Monasteries religious places Abbats Abbesses Monkes and Nunnes and all other religious and Ecclesiasticall persons are immediately subject to the government and guidance of Bishops within their Cities and Dioceses as unto their superioursâ— the Apostles successours and such as have power and authority over them Which maxime he proves by a great number of authorities taken out of ancient Fathers Councels and the Canon law part whereof we have set downe in the margent From whence and upon divers other reasons he concludes that the Pope ought not for the future to grant any such exemptions and that those which are granted already ought to bee called in 5 Marsilius of Padua makes a grievous complaint hereof setting out the injustice of them to the life The Pope saith he absolveth all the Prelats and superiour orders from the power care and correction of their superiours as Archbishops from the jurisdiction of their Patriarchs Bishops from the Archbishops Chapters or Colledges of Clergy men from their Bishops as also Abbats and Priours of Monks and now of late I wish it were without a great deal of mischief the Religious called of the Order of Povertie putting them all by a kind of subversion of all order under his immediate care and correction without any evident necessity but rather upon a notorious greedinesse of increasing suits beating his braines to make the fees runne to him wards to spoile the Prelates and inslave them unto him so much the more No man is ignorant of the insolence which proceeds from hence For these exempted persons having not their superiours at hand grow contumacioâ—â— disobedient and irreverent towards those to whom they ought of right to bee subject taking from hence matter and occasion of offending more freely both against them and others 6 Nicholas de Clemangiis toucheth also upon this abuse for speaking of Canons he saith To the end that they may freely and with impunitie commit all kinde of wickednesse which a soule is capable of they are exempted from all the correction and discipline of their Prelates by paying a great ransome He makes a particular enumeration of their vices and crimes and afterwards addes Having committed all these frauds and rapines there is no body to punish them for the poore can have no accesse to the Pope who is the sole Iudge which many of them brag to have 7 Mr. Iohn Gerson in a certaine booke of his where hee treats of the reformation of the Church Consider saith he whether the too large exemption and priviledge of some men bee profitable or no and whether the avoidance of the correction of the Ordinaries granted unto them be commodious The Emperour had also given his Ambassadours in charge to require at the Councell of Trent the reduction of Monasteries under the jurisdiction of the Bishops of the Dioceses where they stand The King of France his Ambassadours stood to their demand as wee have said elsewhere 8 Let us now see the goodly reformation herein made by the Councel For that piece which we have viewed already promiseth some goodnesse for the future First there is no forbiddance nor prohibition of such exemptions nor so much as any restrictions or limitations saving onely forasmuch as concernes Proto-notaries Acolyths Counts Palatines Kings Chaplaines and other such like dignities which challenge a kind of exemption Which saith our Councell ought not to bee granted save upon just important and almost necessarie causes As for other exempted persons let the Pope make as many as hee will no body sayes a word to him But they have done a great courtesie when they declare that nothing is taken from the Ordinaries by such priviledges of exemption inasmuch say they as they shall alwaies have the cognizance and jurisdiction over exempted personâ— as Delegates for the See Apostolique According to them there is no difference betwixt having a proper jurisdiction and of a mans owne head and having it by commission 9 The interest of our France concerning this point is very evident in two things first in the grant of exemption In as much as from all antiquity they were not granted save onely by our Kings and Princes or by the Popes at their instance and upon very weighty and important considerations Next For as much as no Monastery Church Colledge or other Ecclesiasticall body can be exempted from their Ordinary so as to say they depend immediately upon the holy See without the Kings leave and permission These are the very words of one Article Of the liberties of the Gallicane Church They derogate from this right by the second Chapter of the twentie fourth Session of which we have spoke already and the third Chapter of the sixt Session which gives Prelates power to visit punish and correct all exempted Clerkes Secular or Regular so journing out of the Monasterie as Delegates for the See Apostolique 10 And to shew that this abuse of the Popes doth still remaine wee will give one instance as good as all Every man knowes how the Iesuites encrease both in number of men and Colledges and revenues It is a wonderfull thing to heare what relations goe of them yea to see as much as wee see of them at this present that a little poverty should beget so much riches that ten men in such a short time should have bred as many of them alreadie as there are Salvages in the New-found Land Now all these are exempt from the jurisdiction of all Iudges both Ecclesiastique and Secular and a suit cannot bee commenced against them but onely before the Pope in person If any man would plead with them he must resolve to goe to Rome For hearke what their new Buls say which they got from Gregory the thirteenth in the yeare 1584. To be immediately subject to this See and totally exempt from the jurisdiction of all Ordinaries and Delegates and all other Iudges as wee also by virtue of these presents exempt them from them That this is a new priviledge may bee collected from the Bull of Iulius the third of the yeare 1550 where after hee hath reckoned up their priviledges he addes Wee ordaine and declare that all these things and every one of them shall remaine firme and stable for ever and shall bee inviolably observed and kept and that they shall be so judged expounded and decided by all Iudges and Commissaries by what authority soever established depriving all and every one of them of any power of judging and expounding them otherwise So that others
service and that such Priests as are ordained and established in them shall not be tyed and bounâ— to doe any other service but Ecclesiasticall for and in consideâ—ation of the tithes and oblations of faithful peopleâ— houses base Coâ—rts or gardens adjoyning to the said Churches nor for the Manour aforesaid A certaine Councell held at Paris doth commend and follow this same Ordinance and our Popes have canonized it 13 The Councell of Pavy holden under the Emperour Lewes the second in the yeare 855 addresseth these words unto him As for the reparation of Churches the Chapter which was made by your Predecessour is suâ—â—icient But that it may bee observ'd it stands in need of your admonition So likewise forasmuch as concernes places for the entertaining of strangers that which is set downe in the Capitularie ought to bee observed 14 The Emperour Iustinian in one of his Edicts doth excommunicate all heresiesâ— and that of Nestorius and Eutyches in particular Wee anathematize all heresie and especially that of Eutyches and Nestorius as also that of Apollinaris Hee further ordaines that if the followers of that sect doe not returne after the warning which should bee given unto them by virtue of his Edict That they should not looke for any favour or pardon commanding that they should be punished with condigâ—e punishment as convicted and denounced heretiques This Edict was commended and approved bp Epiphanius Patriarch of Constantinople and by a good number of Bishops which were then at Constantinople as the same Iustinian affirmeth in one of his Constitutions directed to him where after he hath rehearsed the tenor of the said Edict These are the things saith he which by our divine Edict we have condemned in the persons of heretiques to which all the most holy Bishops and reverend Abbats which were then present in this Citie have together with your Holynesse subscribed Pope Iohn in the answer which he made to the same Emperour hath such another confirmation Wee have beene informed saith he by the report of Hypatius and Demetrius that you being stirred up by the love of the faith for the abolishing of the opinions of heretiques have set out an Edict following therein the Apostolicall doctrineâ— and with the consent of our brethren and fellow-Bishops which wee by our authoritie doe here confirme as conformable to the Apostolicall doctrine Pope Iohn's successour would say now adaies That it does not concerne him to intermeddle so farre in divine matters Hee goes further yet for he prayes Iustinian that hee would mitigate this his Edict towards such as would repent Forasmuch as the Church doth not shut her bosome against those that returne unto her I entreat your Clemencie saith he that if they will returne to the union of the Church by forsaking their errours and casting off their bad intention that you would turne the edge and point of your indignation from them by receiving them into your communion and admitting them into your savour upon our intercession 15 A certaine Councell held at Tribur under King Arnold which is extant in a Booke of Rhabanus hath this preface In the 895 yeare of the incarnation of our Lordâ— the glorious King Arnold so journing at Tribur there were twenty six Bishops assembled and to the number of a hundred Abbats of Monasteries whom the same King commanded to treat of Ecclesiasticall lawes and promised to shew himselfe a most devout coadjutour for the reestablishing of the Canons and Decrees as also the Constitutions of his ancestours which are contained in their Capitulary so farre forth as he should find them infeebled He assisted also the Bishops and the holy Synod by his authority Royall against some secular persons who would have infringed the Episcopall authoritie and those capitulary Lawes which are hereafter set downe were published and approv'd by him 16 As for the Popes In former times they did not onely not contradict this but rather became supplicants to Emperours for the obtaining of such rules and Ordinances saith Marsilius of Padua And indeed Leo the fourth writes to the Emperour Lotharius in this manner As for the Capitulary Ordinances and Imperiall Constitutions as well of your selfe as of your predecessors we declare unto you that we will observe and keepe them exactly both at this present and for ever hereafter so farre forth as we are or shall bee able and if perchance any man either hath or doe informe you otherwise know for certaine that he is a lyar See here a faire promise which was canonized in the Decret but it serves for nothing there but tapestrie 17 The Emperour Maurice set out a prohibition in one of his Constitutions That such as were bound to beare armes or to other publique services should not be admitted into any Ecclesiasticall habit nor into any Monasterries seeing by that meanes they thought to secure their affaires Gregory the Great sent this Edict to the Bishops of Sicily recommending the observance of it unto them Which was approved by his successours who have canonized this Epistle of his 18 Pope Gelasius recommends the observance of lawes made by secular Princes about Ecclesiasticall matters Who dare say saith he that the lawes of Princes the rules of Fathers or the new admonitions may be sleighted And he afterward speakes of two naturall borne slaves who had beene made Deacons in the Church contrary to the said lawes One of the Bonifaces writ thus to the Bishops of France If any doubt doe arise about Ecclesiasticall law or any other matter betwixt any two Bishops belonging to the same Councell let the Metropolitan in the first place judge of it at the Councell with the rest of the Bishops and if the parties will not stand to that judgement then let the Primate of the Countrey have the hearing of it and determine of it according to the Ecclesiasticall Canons and your owne lawes and neither of the parties shall have power to contradict it Which is avowed in like manner by his successours 19 We have elsewhere handled many points which concerne the authoritie of Kings and Princes as the calling of Councels the presidence and judgement in themâ— the authorizing of them the election or nomination to Bishopriques the jurisdiction over Clergie-men and other things of like nature which it is not necessary to reinculcate here Wee will adde for a close that famous passage of Demetrius Archbishop of Bulgaria which containes a great part of all that goes before and with which for that reason we will conclude Hee therefore in one of his responses to Constantine Cabasilas Archbishop of Dyrrhachium saith The Emperour being as it were the common knowing Monarque of the Churches doth preside in Synodicall determinaâ—ions and makes them be in force he prescribes Ecclesiasticall Orders he sets lawes to the lives and politie of such as serve at the Altar as also to the judgements of â—ishops and Clerkes and to the suffrages of vacant