to the People and in the fourth place the Emperors Consent should be sought for in which manner Alexander 2d his Successor being Elected the Emperor would not Confirm him nor accept of the Excuse which the Cardinals sent by one of them to make by Embassy saying it was done to avoid a sharp Civil Dissention but all with great Respect to the Emperor the Elected being his Friend yet the Emperor chose the Bishop of Parma for Pope upon the Instance of Gerard of Parma his Chancellor But three years after the Affairs of the Imperial Court being altered and Gerard the Chancellor Deposed the Bishop of Parma was also Deposed from the Popedome and Alexander accepted who in the year 1072 there being made in Germany a Conspiracy of the Bavarians and Saxonians against the Emperor he joyned with them and entred into the League and the year following cited the Emperor unto Rome as imputed of Simony for having conferr'd Bishopricks for Money The Pontifical Action was much admired N. 100. never any Pope having come so far but it soon passed under silence by the death of the Pope after whom Gregory 7th a Monk of Sienna attained the Popedome who was Hildebrand above Nominated by the Emperor but in the year 1076 having been three years in the Popedome finding the Emperor yet young and Germany full of Commotions he deliberated to exclude him totally from the Election of Bishops and Abbots and made him a Monitory that for the Future he ought not to intrude therein the Emperor made a great Resistance whereupon the Pope Excommunicated him absolved his Subjects from the Oath of Fidelity and suspended him from the Administration of the Kingdom of Italy and of Germany He Excommunicated also the Bishops his Ministers Colleagu'd himself with his Rebels provoked the Emperors own Mother against her Son and during the time which lasted until the year 1085 when the Pope dyed in Banishment at Salerno N. 101. he Excommunicated the Emperor four times and made a general Decree that if any Clergy-man should receive a Bishoprick or an Abbey from a Lay-mans hand he should be accounted no Clergy-man by any one and should be deprived from entring into the Church and the like for him who shall receive other Benefices unto which Penalty he Subjected also the Emperor the King the Duke the Marquess and the Earl and every Power or Person Secular that should dare to invest with Benefices The Emperor maintained his Cause by his Arms against the Pope and his Colleagues and was followed by most part of the Bishops Whereupon the Pope was in a grievous Danger but he who had formerly Excommunicated the Normans as Usurpers of the Kingdoms of Sicily and Puglia had Recourse to their Assistance granted them all that for which he had Persecuted them and absolved them from the Excommunication and if for this Cause Robert King of Naples and of Sicily N. 102. who heretofore was a Persecutor of the Popes had not turned to his Defence to make a Counterballance to the Emperor he had maintained his Cause with a total Victory but by the help of Robert the Pope was supported although in Exile and he being dead in his Assistance and three Rogers of the same Family the same Contention continued likewise with the two Successors of Gregory both Monks of the same order the last of which was Vrban 2d who in Reward of the Services done by the Normans gave one of them a Bull for the Monarchy of Sicily really granting them a greater management in the Affairs of the Church than that he would take from the Emperor Which to do besides the Excommunications he often repeated against the Emperor and the Rebellions he stirr'd up against him making his Eldest Son to Rebel against him also and by his means excluded the Emperor almost out of Italy But he being dead the Pope who Succeeded repeated the Excommunications against the Emperor and raised many Rebellions making his other Son to Rebel also with whom the Father engaged in War N. 103. one time overcome and another time Victorious came finally to conditions of Agreement wherein he was cheated and reduced to a Private Life left the Empire to his Son who was called Henry Henry 4th being dead Paschal for so was called the 4th Pope amongst them for beginning from Gregory 7th they fought with Excommunications and spiritual Weapons for the taking away of the Investiture of Bishops and Abbies from the Emperor he assembled a Council at Gnastalla and then at Troyes in France and renewed in them both the Decrees of Gregory 7th and of Vrban 2d that no Lay-man should hinder the Conferring of Benefices In France the Decree was not accepted by the King but he continued according to Custom and also the Emperor Henry 2d the Son opposed it who in the year 1110 came Armed into Italy for the Crown of the Empire to which the Pope having opposed himself by Controversies depending between them they agreed that Henry should go to Rome for the Crown N. 104. put the Controversie of Investitures to silence neither party being to speak of them Henry went to Rome where Pope Paschal appearing to him to be Superior in strength not remaining firm in the Conditions he would have him to renounce the Investitures and Henry confiding in his bold Forces proposed on the contrary that the Pope should revoke the Decrees saying he would not be inferior to Charlemain Ludovicus Pius and other Emperors who had given the Investitures Peaceably and quietly whereupon the Contentions encreasing the Emperor took the Pope Prisoner and the most part of the Cardinals carrying them from the City an Accommodation was treated on and finally the Pope agreed to Crown him and to let him have the Conferring of Benefices without Excommunicating him for it and he Swore to the observation of the Agreement and the Mass being Celebrated the Pope divided the Wafer N. 105. and with one half he Communicated himself and the Emperor with the other half making Cursed and dreadful Imprecations for which of them should be a Violater of the Agreement The Pope gone back to Rome said he would observe the Agreement but yet his Legates Excommunicated the Emperor and he two years after in 1112. Call'd a Council Confirmed the Decrees of Gregory and Vrban that no man should receive Investitures from Lay-men and caused the Council to annull the Agreement made with the Emperor and finally in 1116 Excommunicated him besides Pascal dyed and Gelasius the 2d Succeeded him at first then Calisto the 2d with whom the Contention lasted and by whom and by all of them the Emperor was Successively Excommunicated These three Popes did not only make use of Excommunicating but also stirr'd up many Seditions against the Emperor The chief of one was Lotharius a Saxon who took up Arms and had many Victories finally in the year 1122. Henry perceiving himself in so many difficulties renounced the Investiture N.
the Ministery of Christ and the Authority of loosing and binding was a different thing from the Possession of Temporal things annexed to a Benefice and that by reason of this Temporality it was not disagreeing that the Prince should receive some share for the necessities of the Common Wealth N. 174. and of this a Solemn Dispute was also made But this Answer satisfied not Pious and learned men for although the Revenue of Benefices be a Temporal thing yet the Right and Title by which they are Possessed is a Spiritual thing It appeared to all men and still it doth appear that with good Reasons these Methods of the Popes were reproved and called Simony This Defect was made use of for the first Pretext for taking away the Collation of Benefices from Princes But the Pope of Rome having by the Progresses above written gained great part of the Power whereof the Emperors were spoyled John the 22d Anno. 1316. Ordained that for three years every man who Obtained a Benefice of a greater Income than 24 Ducats ought at the Expedition of his Bull pay a years Revenue The three years being expired N. 175. the same was continued as well by him as by his Successors although some Resistance was made in divers places and in some others they were received to pay half a years Rent only and in other places a certain sort of Benefices was only obliged to pay the others remaining excepted The bringing in of this was accounted very Burdensome to private Families the years Revenue being paid by the Beneficyed or Incumbent out of the Houshold Stock there being a Hazard that he may dye before he makes good that money to the Family and Princes found it a great grievance to their Government such a notable share of the Cash being drawn out of their Dominion without receiving any Profit for it and so much the more grievous as this Work is accompanyed with the Expence of Bulls Dispensations and Presents or Gifts beforehand all which carry away the Money which is the sinew of Potency and it never returns as it doth by way of other Commerce When this Novelty was introduced by the Pope N. 176. the ordinary Persons could not perceive what difference there was betwixt this Payment and that which was so much blamed in those dayes when Princes bestowed Benefices but learned men in those primitive times Condemned it universally as savouring too much of Simony In Progress of time some men studied wayes to justify it so that they were divided one sort rebuking it as a thing unlawful Simoniacal and forbidden by Divine and by Humane Laws others Commending it as a thing Lawful yea necessary and due to the Pope of Rome these proceeding so far as to defend that the Pope may not only demand a years Fruits but more also as he that is absolute Patron yea of all the Fruits not of one part only who they also say cannot commit Simony for any Contract he shall make in the Collation of Benefices And certainly if he were Patron as they say the Consequence would be clear because every man may Contract for his own in what manner seems best to him without doing wrong to any one N. 177. but neither God nor the World seem to consent to it This Pope was so intent in drawing mony from every thing that it twenty years Popedom he heaped up an incredible Treasure Certain it is that in his Expences and Gifts he was no more straightned than his Predecessors and yet he left 25 Millions at his Death John Villano relates that to one of his Brethren of the Colledge of Cardinals after the Popes Death Charge was given to make an Inventory of the Mony which he found to be 18 Millions in Coyned Mony and seven Millions in Vessels and in Ingots weighed by him The First year Fruits in his Institution from Pope John the 22d L'Annata Extended but unto Benefices which were Conferr'd and which were paid for in the Expedition of Bulls a thing which Continued unto that time but afterwards there was also laid an Obligation upon all Benefices to pay the first year Fruits or Revenue every 15 years because that being united unto Monasteries Hospitals or to Pious places N. 178. they never become Vacant which Imposition was therefore called Quindennium Quindennium which Paul the 2d about the year 1470 Constituted only concerning Benefices united after the year 1417 by the Pope of Rome but Paul the 4th extended or enlarged it likewise to all the Benefices united before and Sixtus the 5th Comprehended not only those united by the Apostolical See but also those which had been united by Legates Nuncio's Bishops and by others But returning to the first Original of these year Incoms or Fruits those who opposed against the Invention of John the 22d with zeal of hindring that the year-Fruits might pass no further they have not only brought about his Design but have been the Cause of defending and extending it also even as some who then opposed the Reservation brought forth a contrary Effect the Popes never failing to get any Abuse whatever to be Justifyed by Doctrines Wherefore after this Benedictus the 12th Anno 1335 under pretence of being willing to provide or furnish Livings with fitting Persons he reserved to his own Disposal and Providing for his Life time only all the Benefices Vacant in Curia as had been done formerly N. 179. and also all those which became Vacant by Privation of those who were Beneficiated or else by Translation unto another Benefice and also all those which were renounced in the Court and all the Benefices of Cardinals of the Court Officers of Legates Nuncio's and of other Rectors and Treasurers of the Roman Church-Lands likewise the Benefices of those who went to Court upon Business if in going or coming they happened to die within 40 miles Distance of the Court and likewise all those which became Vacant because the Possessors of them had received another Benefice These Reservations Comprehended a multitude of Benefices restraining much the Power of the Ordinaries and they caused many Benefices to be setled upon Forrainers this was received however because the Reservation was only for during his Life Yet 't is never to be believed that a thing useful to him that Governs instituted for some short space of time N. 180. should remain Circumscribed thereby For Benedictus the 12th being dead Clement the 6th his Successor made the same Reserve wherefore the King of England Edward the 3d perceiving that for this Cause and by reason of Reversions all the Benefices of the Kingdom fell unto Forrainers He Commanded upon pain of Death that the Popes Beneficyal Provisions should not be received within his Kingdom The Pope wrote to the King shewing sorrow for it desiring he would forbear The King answered beseeching the Pope to Reform the things which were a shame to the Church and a scandal to the People adding further
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
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