drew out of England he found it to be equal to his own Revenue which is sixty thousand Marks The King proposed some of these Differences to the Council at Lions making Complaint of the abovesaid grievances whereto the Pope answered the Council was not Assembled for that purpose and that it was no time to harken to it In the said City of Lions during the time of the Council N. 154. the Pope would have given to his Kinsmen some Prebendaries of those Churches upon which there was a great Commotion in the City and the Pope had notice given him that they should be thrown into the Rhone wherefore the Pope sent them away privately Rhodano For all this the Court left not off its Designs but in the year 1253 the same Pope Commanded Robert Bishop of Lincoln a man in those times Famous in Doctrine and in Goodness that he should confer a certain Benefice upon the Genoése against the Canons which appearing inconvenient and unjust to the Bishop he answered the Pope that he Honour'd Apostolical Commands Conformable to Apostolical Doctrine wherefore that non obstantibus is a Deluge of inconstancy a Breach of Faith a disturbance of the quietness of Christendom that it is a grievous Sin to defraud the Sheep of their Pasture that the Apostolical See had all Power to Edification none to destroy N. 155. This Answer received the Pope grew wroth exceedingly But Cardinal Egidius a Spaniard being a Prudent man endeavour'd to Mitigate him representing to him that to proceed against a man of such Reputation for a cause so abhorr'd by the World could not bring forth a good Effect But whilst the Pope studyed to shew his Resentment Robert fell sick and to the end of his Life held the same Reasons and dyed with an Opinion of Holyness and 't was fam'd that he wrought Miracles The Pope hearing of his Death caused a Process to be formed for the King to dis-inter the dead mans Corps But the night following in a Vision or in a Dream he had Robert in Pontifical Robes who Rebuked him for persecuting his memory and smote him on the Flank with the But-end of his Crosier-Staff The Pope awoke with an excessive Pain in that Place which afflicted him unto his Death that happened within a short time after In the year 1258 Alexander the 4th Excommunicated the Arch-Bishop of York for the like Cause who persevering in his Deliberation N. 156. endured the Persecution with much Patience and drawing neer to his Death wrote a very Prudent Letter to the Pape exhorting him to imitate his Holy Predecessors and to take away the Dammageable Novelties from the Church and from his own Soul He dyed with the Opinion of a Saint and a Martyr In these times 't was likewise necessary in France to make a Provision which I shall relate after having given notice that for these and for other Impediments which the Princes and the Bishops opposed against the endeavours of the Court which never thought of giving over For Clement the 4th in the year 1266 resolved to lay the Foundations whereby he or his Successors might declare themselves to be absolute Patrons in all the Collations of Benefices throughout the World and remove the necessity of finding out Wayes and Arts to draw the Collations unto Rome and made a Bull which concluded nothing else but the Reservation of the Vacanti in Curia saying that the Collationing of them by an Antient Custom is reserved to the Pope and therefore he approved of this Custom and wil'd it to be observed N. 157. But to conclude this alone So much an Hyppothetical Premium can do in saying that although the plenary Disposal of all Benefices Premio Hippotetico belongs to the Pope of Rome so that he may not only confer them when they become Vacant but he may also before Vacancy grant a Right for the acquiring of them Nevertheless the Antient Custom hath more especially reserved the Vacanti in Curia Wherefore we approve of that Custom If the Pope had made a concluding Edict that the Disposal of all Benefices belonged to him the World would have stir'd in it and as well the Clergy-men as Princes and other Lay-Patrons would have declared their Reasons But this Proposition being put into a Conditional without a Conclusion went on easily without any notice taken of how much it might Import But two years after that is in the year 1268 without having any Respect unto this Bull N. 158. St. Lewis King of France seeing that the Provisions made by the Queen Regent his Mother during his Minority and during his Absence in the Holy Land were not sufficient to remove the Confusions introduced in the matter of Benefices Pragmatic Sanction made his famous Pragmatick wherein he Commanded that Cathedral Churches should have their Elections Free and the Monasteries likewise that all other Benefices should be given according to the Disposition of the Law and that no Imposition of the Court of Rome could be levied upon Benefices without his Consent and the Churches of his Kingdom This Holy Kings going into Africa against the Mores and his Death which happened in the year 1270 and the need the House of Anjou had of the Popes Favour to settle his Kingdom in Naples and to recover that of Sicily and the Power which the Pope granted to the King of imposing Tythes under Pretext of the War of the Holy Land were cause that the French easily permitted the Court of Rome to regain the same Authority N. 159. whereupon in the year 1398 Boniface the 8th placed the Constitution of Clement in the Decretals and made that That which was said Hyppothetically and Incidentally became the Principal and to give it the greater Authority he exposed under the name of Clement leaving it dubious whether it were the 4th or the 3d. Therefore now in some Copies it is Read the 3d in others the 4th For which cause this Proposition was given to be believed at first i. e. That the plenary Disposal of all Ecclesiastical Benefices belongs to the Pope which is pretended to be meant in a Sense not altogether perverted which is that the Pope should have full Power but yet Regulated by the Laws and by Reason A little after Clement the 5th made void all good understanding by saying that the Pope had not only full Power but also free over all Benefices which freedom is understood by the Canonists Exempt from all Laws and Reason so that he may do all that he pleaseth notwithstanding the Reason or the Interest of whatsoever Church or of Particular Person yea even of a Lay-Patron This Proposition is put into the Bulls upon every occasion N. 160. and there is no Canonist but passeth it for clear yea for an Article of Faith saying that the Pope in the Collation of any Benefice whatever may Concur with the Ordinary and also prevent it and if it so please him he may
purchase whereas in some other places their Acquisitions have been very Notable chiefly in the times of the Schism N. 194. when all the Remainder of the Clerical Order were in small Credit The Schism of the Councel of Constance was raised one of the Popes having renounced and the other two being deprived and Martin the 5th was Elected in Councel Anno. 1417 all were in hopes that by the Councel and by the Pope all these disorders in Beneficial matters would be Regulated and indeed the Councel proposed to the Pope the Articles for Reforming the Reservations the first-Fruits the Favours the Expectancies or Reversions the Commendings and the Collationings but the new Pope and the Court desiring to return home and all the Fathers of the Councel being weary of the long Absence from their Houses the treating of a matter so difficult which required so much time was easily put off till the next Councel which was intimated to be Celebrated in Pavia five years after which moved the French to be unwilling to expect a new Councel wherefore 't was ordered by a Decree of the Parliament that no Obedience should be yielded to the Pope unless the Kings Edict were first Intimated and accepted by him which Edict took away the Reservations N. 195. and the Exactions of Money therefore Martin having sent a Nuncio to give the King an Account of his Election the King answered he would have accepted it upon Condition that Elective Benefices were Conferr'd by Election and the Reservations and the Reversions were taken away The Pope was Content for that time but in the year 1422 having gained the favour of some of the University he endeavoured to cause the Reservations to be received however he could not obtain his intent and they proceeded against his Promoters by Imprisonment The Pope laid the Interdiction at Lions and the Parliament Ordered it should not be served and the Contention lasted until the year 1424 when the King Compounded with the Pope that his Holyness should have the Collations until that time for Lawful and for the future all Commands should be received But the Atturney and the Advocate General with many of the Lords Opposed the Execution of it and having Represented to the King the dammage of the Kingdom they made this Agreement with the King to vanish into Smoak In this Interval the Councel of Ravia was held which after begun N. 196. was transferr'd to Siena and dispatch'd with great Celerity nothing of moment being Treated therein but only hope given that in the Councel to be Celebrated seven years after at Basel all should be Reformed At the end of which seven years Martin dyed and Eugenius the 4th Succeeded in the Popedom under whom in the Councel of Basel Anno. 1431 the so much necessary and desired Provision was made against disorders in matters of Benefices the Reservations were Prohibited except the Vacanti in Curia the Reversions the first-Fruits and all other Exactions of the Court were also Prohibited The Pope seeing his Power restrained and his Wealth not able to Support he Opposed the Councel he endeavour'd to transfer it elsewhere to a place where he might manage the Prelates which being repugnant to them he could not Succeed and many Contentions past between the Pope and the Councel wherein Pious men Interposing themselves by daily Labour found out a Medium N. 197. but at last being fully resolved to provide against Extorsions of Money and the Pope to preserve his Authority and Conveniency they came to an irreconcilable Breach The Pope Annull'd the Councel the Councel deprived the Pope and chose another whereupon a Schism grew in the Church That Councel was accepted in France and in Germany and in the year 1438 1438. there was Published in France that Famous Pragmatica whereby the Elections were restored to the Chapters and the Collations to the Ordinaries and Reservations were forbidden as in the Councel of Basel That Councel was not received in Italy where all adhered to the Pope so that Reservations took footing and every Pope renew'd them without difficulty and Introduced new Grievances besides in the Collation of Benefices none of them ever moderating himself unless when a Method was found to work the same Effect by an easier way Julius the 2d and Leo the 10th introduced Mental Reservations which they so called and by another name Reservations in the Breast which were not made publick like the rest neither were they known N. 198. unless when a Benefice became Vacant if the Ordinary Conferr'd it or if any one went to crave it the Datary answered that the Pope had reserved it in his mind a method or fashion which lasted some years but then 't was left off because it became incommodious to the Court of Rome also All other methods were carryed on to excess for as touching Resignations in Favorem introduced heretofore and practized there was added the Resigning the Title only of the Benefice reserving to himself all the Fruits thereof which in existence was nothing else but remaining Patron of the Benefice just as before it was renounced he Constituting to himself a Successor who was in Name Titular before the Death of the Renouncer but in Fact he had no Right and that the new Titular Person who having a mind to gather the Fruits for the behoof of the Renouncer might not make himself Master of any thing there was added also that not only all the Fruits were Reserved to the Renouncer N. 199. but also that he might exact them by his own Authority There was nothing which might make the Resignator different from the entire Patron but that if in Case the Titular dyed before him all the Fruits of the Benefice remained to him but he could no more create himself a Successor and the Title might be given by the Collator to whom he pleased that should Succeed after the Renouncers Death The Court wanted not for an Excellent Remedy for this likewise which was the Regress Regress In the Primitive times of the Church there was a Holy and a Commendable Custom that when a man was appointed to a Church he never left his Charge in all his Life for to have a Benefice of greater Income or of greater Honour it seemed enough for every one to perform the best of his Office sometimes for necessity when there was not a fit Person for a great Charge the Superior took one who was Occupyed in a Less N. 200. and by Obedience transferr'd him to the Greater a thing which afterwards was sought after by some either for greater Commodiousness or for Profit whereby the Translation which was unusual became most Customary and the Sollicitation of every one was such to raise his Degree that oftentimes having left that in Possession and impetrated for another his Impetration proving vitious he has been deprived of both which being inconvenient Custom obtained that if the Impetration of the second place could not
New Where are these Purchasings to end When it is to be said amongst us the People hath Offered more of it than Suffizeth When that the Ministers of the Temple were the 13th part of the People Tythes they received the Tenths and 't was not Lawful to exceed them now that they are not the 100th they have perhaps above a quarter 'T is not Convenient that the encrease of Ecclesiastical Estates should be infinite N. 247. and that all the World should be reduced to be Tenants Humane Laws amongst Christians have not limited the quantity of Estates that any one Possesseth for he that Purchaseth to day alienates to morrow A Perpetual Condition of Persons is very singular which may alwayes Purchase and never Alienate In the Old Testament the Tythes were given to the Levites because they were Gods Inheritance and therefore they were Forbidden to have any other share a thing which pertains to those who are willing to make use of their Priviledges taking all to themselves and not only that which behooves their own Profit It hath been abundantly spoken of how the Ecclesiastical Estates have been gained to whom the Care of them hath been Committed and how Dispensed Nothing hath been spoken of that which was done when at the Death of the Beneficyary they found some of the Fruits not yet disposed of whether he disposed of them by Will or whether from the Intestateman they passed unto other Persons Whilst the Estate of each Church was in Common and Governed by one Earl only Conto 248. 't is a certain thing that so much as was found in a Ministers hand was Incorporated with the Whole and Governed in the same manner by the Successor But Benefices being erected there were also Canons therewith made that whatever part was found in the hand of the Beneficyary at his Death should be the Churches and by the Church if it were Collegiate and had a Common Table was understood the Colledge thereof But if the Beneficyary was without Colleague by the Name of Church was understood the Successor who was to Administer that Remainder or Residue after the same manner as the Deceased Predecessor was Obliged unto so 't was wont to be done until the year 1300. But because the Beneficed Clergy-men had oftentimes other Goods of their own Patrimony or else gain'd by his own Art and Industry 't was therewith said that of these he was the Absolute Master and might leave them by Will to whom he pleased but of the Incomes of the Benefice he might not Dispose by reason of Death From whence it follow'd that Clergy-men Possessors of small Benefices not exceeding the expences made a Will of all they had and if by sparing they had Advanced any thing to the Benefice Conto 249. they reputed it gain'd by Industry and Disposed of it in the same manner which hath brought in a Custom in many Christian Kingdoms that men of Inferior Benefices may make their Will likewise of the Incomes of their Benefices and not making a Will the Heirs of the Intestate Succeed as also in the Patrimonials But that which was left by the Bishops remained to the Church according to the Antient Canons After this the Bishops also through Custom in many Christian Kingdoms acquired the Power of making Wills even of the Ecclesiastical Fruits so that about the year 1300 in divers Countries there were three Different Customs found 1. One where no Clergy-man might Dispose of the Incomes of Benefices advanced them 2ly The other where the Incomes were upon the same Account as things Patrimonial and their own 3ly the third where Inferior Clergy-men bequeathed or disposed but what was left by the Bishops went to the Church N. 250. In the times after 1300 when the Popes of Rome had more need of Money than ordinary they sent their Ministers into the Kingdoms where the Churches were wont to Inherit the Deceased Beneficed mans Estate who before the Successor was Chosen applyed all to the Popes Chamber which thing Succeeded easily because the Benefice becoming Vacant there was none would Contradict it for his own Interest and the Successor being Created he acquiesced in a thing done without any more ado They began to send such Ministers into all places where they could and to lay claim to that which was left by the Deceased Booty or Spoyles Collectors by the Name of Booty or Spoyles and the Popes Officers sent for them were call'd Collectors The Popes took these Spoyles where they could in this manner silently without any Order or Law therein which might grant the same but alwayes with some Murmuring as well by the Heirs of the Deceased Priests as also by other Persons N. 251. through the severe Extorsions which the Collectors and the Sub-Collectors made who brought into the Account of Spoyles or Booty the very Ornaments of the Churches and gave also much Molestation to Heirs upon Goods gain'd by Industry or received from the Patrimony endeavouring to make them appear to be taken out of the Benefices and doubtful of what quality they were giving Sentence that they belong'd to the Chamber vexing and tiring those who Opposed them with Excommunications and Censures In France the use or custom had Introduced that the Spoyles of Bishops and Abbeys should be applyed to the Pope And in the year 1385 Charles the 6th Prohibited it Ordaining that Heirs should have the Succession as well in them as in Patrimonial Goods In many Countries the Custom being Introduced is Continued unto this Age when by the Extorsion of the Collectors the Complaints of many encreased so much that some had the boldness to Oppose it openly and to deny that the Spoyles of the Deceased Clergy-men belonged to the Popes Chamber Wherefore in the year 1541 Paul the 3d was the first who made a Bull upon this matter N. 252. where 't is Related that some Curious Persons to Usurp to themselves the Rights of the Apostolick Chamber and to Defraud it did call in question whether the Estates of Prelates and of other Ecclesiastical Persons called Spoyles belonged to the Chamber there being no Apostolical Constitution which Appropriates it though indeed by the sending Collectors into divers places it appears clearly to have been the mind of the Apostolick See to reserve them and apply or appropriate them to the Chamber wherefore he Declares Ordains and Constitutes that to the Pontifical Chamber shall belong the Spoyles of all the Clergy-men Deceased in whatsoever Kingdoms and Dominions as well on this side as beyond the Alpes so likewise on this side as well as beyond the Seas although Collectors have never been appointed in them So that the over-Diligent being willing to free some few Provinces from this Grievance or Burthen have been Cause they have been Imposed all the World over But yet it is not come to Execution N. 253. except in the usual places but it hath thus happen'd in all things as the World makes of Novelties left off for sometime without Execution and afterwards with a good Opportunity as if they had been Executed in due time and by the Malice of some brought out of Use by Censures and other Violences they are put in Execution The Spoyles unto the year 1560 Comprehended nothing but that which was found at the Clergy-mans Death proceeding from Ecclesiastical Incomes In the year above said Pius quartus made a Bull that under the Name of Spoyles which throughout the World in all Dominions on this side and beyond the Alps and the Seas belong to the Chamber is to be understood also all that which the Clerk shall gain by Unlawful Merchandize and otherwise Contrary to the Canons a thing which Comprehends Sufficiently because Unlawful Merchandize they call where the thing such as it is bought so it is sold And then by the Canons the Clergy-men are forbidden many kinds of Games in use and many Services N. 254. by which wayes there is gotten sufficiently so that hereby was return'd a great gain to the Chamber and 't would be a great Income if the Bulls could be Executed throughout half Italy where they are not yet in Execution and in France and in Germany and in other Kingdoms which have not yet received them like as in the Kingdoms of Castilia they make not Spoyles of all the Clergy-men but of the Bishops only by the Laws of Carolus quintus and of Philip the 2d The Canonists Defend the Right of the Spoyles with this Foundation that the Pope is Patron or Master of all Ecclesiastical Incomes and those who speak the most Modestly say Administrator by which Doctrine there is also Introduced into Rome that if any one hath unduly Usurped to himself any Benefice or otherwise shall have Robb'd the Church if he agree with the Apostolick Chamber to give a share of it thereto he may hold the Remainder with a good Conscience N. 255. and the Agreement being made and paid as much as was limited let every one say he is Absolved of the rest and may hold it Lawfully as his own because the Pope is as hath been said either Master or Administrator General and this they call Compounding with the Apostolick Chamber which comes to be very largely Extended so that those who in Conscience know or at leastwise doubt of having something not their own and there is no that either it is not known whom to Restore it Composition is made FINIS