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
deliberation hath chosen the welbeloved sonne of the Church Thomas for supreme Bishop calling him by the name which hee is now called Nicholas the fift This was done in the yeare 1449. In the same Act it is said that the Kings of England France Sicily and the Dolphin did much further that union 17 Bellarmine urgeth Leo the tenth against us also and the Councell of Lateran which was continued and ended under him after it was begun by Iulius the second For the better judging of the validity of this Councell wee must know the cause of it as Onuphrius a witnesse beyond exception doth deliver it The French being puffed up with the good successe of their affaires summoned Pope Iulius the second to a Councell which should be holden at Pisa the first of September as it was agreed upon betwixt them and the Emperor and the Cardinals that were revolted from the Pope who having laboured to make peace with the King of France Lewes the twelfth upon condition of recovering Bonony and dismissing this Councell of Pisa seeing that hee was growne insolent after his victory and that he obstinately refused to hearken unto him by the advice of Anthony de Monte he called the Generall Councell of Lateran to Rome to defeat the Conventicle of Pisa. And besides he excommunicated the King of France the Florentines who had received the Councell into the City of Pisa and all those that were assembled thither He deprived five Cardinals of all their honours and dignities who had beene the authors of that Councell He labours to sleight the authority of this Councell by setting downe the small number of Cardinals yea by minishing of them contrary to truth For by the Acts thereof it appeares that there were other five besides those whose names hee rehearseth The author of the Dialogue upon the death of Iulius reckons nine Nine Cardinals saith Iulius who is the speaker revolt from me proclaime a Councell invite me to come to it desire me to preside at it when they cannot obtaine that they call it themselves and summon all the world unto it with the authority of Maximilian as Emperour and Lewes the twelfth King of France But let him make the number as little as he will it may suffice our other Frenchmen yea all good Christians that this reverend Councell of Lateran was not called out of any zeale to religion but onely to breake that of Pisa and to hinder the reformation which they would have made of the head and the members But it is fitting to shew thoroughly the validity of that of Pisa and the nullity of the Lateranâ— to the honour of our Kings and the shame of the Popes 18 The world had a long time gaped after that so much desired reformation of the Head and the members â—ivers Councels had bin holden for that end but still in vaine by reason of the Popes craftinesse I will say nothing without good warrant that is a thing must bee looked to nowadayes Give eare therefore to the instructions which the Cardinals that called the Councell of Pisa gave to Ioannes Baptista de Theodorico and Francis de Treio whom they sent to Rome Having not had any Generall Councels say they for so many years and howâ—ver some few were assembled as wee finde that there have beene five within these hundred years last past viz. that of Pisa Constance Siena Basil and Florence yet for all that the Church hath not beene reform'd effectually by reason of those impediments and quarrels which have intervened and the Lords field in the meane time is overgrowne with briers and thornes that must of necessity bee purged by a Councell Vpon this occasion also it was religiously ordain'd by the Councels of Constance and Basil that Synods should bee held every ten yeers 19 But this being neglected by the Popes after the Councels of Lausanne and Florence at last the See comming to be void in the yeare 1503 the Cardinals before they went to a new election bound themselves by an oath that hee amongst them upon whom the election should light should bee bound to call a Councell within two years after and they drew an instrument hereof whose inscription runnes thus The things underwritten are the publique chapters ordained betwixt the supreme Bishop that shall bee and the right reverend Cardinals unanimously and with common consent for the defence of the libertie of the faith and the reformation of the Church in the Head and members Then follows the text We all and every one of the Cardinals of the holy Church of Rome here underwritten do swear and vow to God Almighty to the holy Apostles Peter and Paul and promise to all the saints of holy Churchâ— that if any of us be chosen Pope presently after the solemnity of his election he shall sweare and vow purely and in all simplicity and good truth to keep and cause to be effectually fulfilled and kept all and singular the Chapters here underwritten and to require all notaries to send out publique Buls of the same 20 First of all hee shall swear and promise that in case of necessity of assisting faithfull Christians c. There are yet some more Chapters and then it is said Item forasmuch as it is very important to call a Generall Councell with all speed for the peace of Christians the reformation of the Church the abolishing of many exactionsâ— as also for an expedition against the infidels hee shall promise swear and vow to call it within two yeares after his creation and to begin it effectually in some place of freedome and safety which shall bee chosen by him and two parts of the right reverend Lord Cardinals by balots The oath and vow made by the Cardinals concerning the things aforesaid 21 Wee all and every one of us the Cardinals of the holy Roman Churchâ— assembled together at Rome in the Palace Apostolique for the election of a future Pope of Rome conâ—irming the Chapters aforesaid agreed upon amongst us with consent and concord for defence of the Catholique faithâ— Ecclesiasticall liberty reformation of the Church in the Head and members and for the band of charity and peace betwixt the supreme Bishop and the Cardinals of the Church of Rome his brethren do vow to God to the glorious Virgin Mary his mother to the blessed Apostles and to all the Court of heaven swearing upon the holy Gospels corporally touched one to another and also to the publique notaries here undeâ—written as legall persons covenanting in the name of the holy mother Church and of our sacred Colledge and of all others that have any interest therein that whosoever amongst us shall bee chosen Pope hee shall fulfill and keep all and singular the things contained in the said Chapters without all coven fraud and treachâ—ry and without using any exception that hee shall not countermandâ—ny of them directly or indirectly openly or privatly that after his election or before the publication of it hee
our said Cozen the Cardinall of Ferrara his Legat hath promised unto us on the behalfe of his said Holynesse and whereof indeed he hath already made great overtures for these causes and other considerations us thereunto moving having a regard unto the foresaid remonstrances made unto us with the advice of our most honoured Lady and mother the Queene the Princes of our bloud and our Privy Councell we have removed and taken away and doe hereby remove and take away the prohibitions aforesaid and the penalties annexed to be imposed upon the offenders against them by our Edict and Ordinance of Orleans and doe make void the Ordinances aforesaid for the reasons before mentioned 24 The Councell of Trent was holden at the time when this declaration was made from which our King expected a great reformation concerning the premises and particularly considering what assurance the Pope had given him hereof But all in vaine Whence it followes that the cause of this suspension ceasing the effect should cease likewise and that therefore we are under the Ordinance of Orleans which was just and good to the observation whereof we ought the rather to bee inclined in as much as wee understand by the testimony of the Court of Parliament and the accounts hereupon made by it unto Lewes the 11 that by reason of Vacancies Expectatives and such like meanes there goes almost a million of crownes from hence to Rome every yeere Which is further confirmed by the testimony of the Ambassadours of the Archbishop of Magdenburg in Germany who was present at the Councell of Basil who hath left upon record that he learned from the Archbishop of Lyons then living that during the Popedome of Martin the fifth who sate 14 yeeres there were carried to Rome out of this Realme of France only nine millions of Crownes without reckoning what was brought in by the Clergy-men of inferiour quality 25 It is reported by an English Historian that Henry the 3 King of England in the yeere 1245 caused an estimate to be taken of the pure rents which the Pope had out of his Kingdome and that it was found they amounted to as great a summe of money as all that he himselfe received out of his Realme nor reckoning divers other commodities beside The like is affirmed by all England together in an epistle sent to Pope Innocent the 4. where it is said That he received more pure rents out of England than the King himselfe who is the guardian of the Church and the governour of the Kingdome And hereupon the the transporting of gold or silver to Rome was forbidden in this Kingdome by many good Statutes made at severall times Saint Lewes who amongst divers others made one hereabouts expresly forbidding all such exactions was neverthelesse Canonized for a Saint King Charles the 6 Henry the 2 Charles the 9 and others were never thought the lesse Catholique for this nor the people of France that demanded it in their Councels of State ever reputed the lesse zealous in Religion For by this meanes the Popes and Cardinals would be the more honest men for there is nought that spoiles them but too much ease and wealth And so they should both cleare themselves from that infamous crime of Simony which all Christians detest and abhorre and also acquite all those that barter with them who according to the opinion of Devines and the sentence of the Parliament of Paris in the 71 Article of their Remonstrance share with them in the sinne also For to beleeve the Popes flatterers who goe about to perswade them in their filthy writings that though they practise Simony yet they cannot be Simoniacall this were to hood winke the eyes against all truth and to sleep in a blind ignorance The men who were the most eminent for learning in the time of Pope Paul the third who were bound by oath and adjured by him upon paine of excommunication to tell him the truth concerning the reformation of the Church told him plainly amongst other things That it was not lawfull for the Pope and Vicar of Christ these are their very words to make any gaine out of the use of the power of the Keys committed unto him by Christ For it is Christs command say they Freely yee have received freely give 26 The Emperour Ferdinand in his demands put up at the Councell of Trent required that the ancient Canons against Simony might be restored Now these ancient Canons bind the Pope as well as other Bishops and you shall finde no exception for him there but our Councell had no leasure to thinke of this I could here make a large discourse of the Reservations of Bishopriques and other dignities and benefices Ecclesiasticall of the granting out of Graces and the next voydance of benefices of mandats of provision and other wayes which the Popes have used and doe use to this day to enhanse their revenues The Ordinances of our Kings are full fraught with complaints made concerning this particular as are also the works of divers authors All those that ever medled with reformation put alwayes up some Articles about this point The deputies of Paul the third have a whole Chapter of it in their Councell The Councell of Basil and the Pragmatique Sanction hath condemned them The King of France desired the like in his demands Yea and the Councell it selfe hath taken an order with them but it is with reservation of the Popes authority above all which is as much as to put a gull upon all Christendome seeing the reformation in this case was demanded onely against him inasmuch as he is the man from whence all the disorder proceeds And after this all that are acquainted with the Court of Rome doe very well know and can testifie how the Pope doth still practise these meanes and whether all the decrees of this Councell have debarred him of dispensing his favours 27 The Popes not content with the gold and silver which they get by these meanes doe use taxes and tributes besides like secular Princes not only upon Clergy men but Lay men also yea upon whole Princes and Kingdomes Gregory the 9 the yeere 1229 demanded of the Kingdome of England the tenth part of all the moveable goods as well of the Laity as Clergy to maintaine his warre against the Emperour Frederickâ— telling them that he only had undertaken that war in behalfe of the Church Catholique Which demand Henry the third King of England saith an English Monke having passed his word to the Pope by his officers for the paying of those tenths had no way to gainsay But the Earles and Barons and all the Laity did oppose it refusing to engage their Baronies and demaines As for the Bishops Abbats Priours and other Prelates after three or foure dayes consultation they at last condescended to it with a great deal of murmuring fearing the sentence of excommunication in case of refusall as the Monke hath it word for
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
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
furnish us also with varietie of examples and show us this right annexed to the Crowne of their Kings to use it when they please In the yeare 905 King Edward the elder together with Plegmond Archbishop of Canterbury called a famous Councell of Bishops Abbats and other persons In the yeare 1070 saith an English Monke there was a great Councell holden at Silchester upon the Octaves of Easter by the command and in the presence of King William the Pope consenting thereunto and contributing his authority by his Legates In the yeare 1301 Edward the first called a Councell at Lincolne Sometimes the Kings let either the Archbishops of Canterbury call them or some other of the Clergie who proceeded thereunto onely so farre as they had their leave and consent So Anselme Archbishop of Canterbury under Henry the first by his will and pleasure called a Councell at London in the yeare 1102. Pope Alexander the third saith another English historian assisted by the favour of the Princes he means the Kings of England and France held a Generall Councell at Tours in the year of grace 1163. King Henry the second of England having quieted the state of Ireland caused divers abuses not sufficiently purged out of the Church to bee reformed and corrected according to the doctrine of Christianitie and by a Councell by his meanes holden at Casselles The same King caused a Councell consisting of Bishops and other Princes to bee called at Northampton King Henry made all his adversaries bee pronounced enemies of their Country by a Councell which he caused to be holden at Winchester which others call Silchester Hee that will be curious to enquire into their histories may finde divers other presidents and yet it may be said that this Kingdome of all others hath beene most subject to the papall power 20 As for Spaine the Acts of almost all those Councels which wee have in the great collection of them doe plainely shew us that the Kings had the whole stroke in this matter For the Preface of the first which was holden at Braque in the yeer 572 runnes thus Whereas the Bishops of Gallicia were met together in the Metropolitan Church of the Province by the command of the most Illustrious King Aramirus And a litle below Now then seeing our most glorious and most devout sonne hath by virtue of his command royall granted unto us this day so much desired of our Congregation for us to assemble our selves all together let us in the first place treat of the state of the Catholique faith In the yeere 573 there was another Councell holden in the same place By the command of the same King In some copies Miriclias is named in stead of Ariamirus but that imports not the point in hand The third Councell of Toledo where the Arrian heresie was condemned ann 589 was called by King Recharedus as is set downe in expresse termes both in the Acts thereof and by divers Historians The fourth of Toledo was called by the command of King Sismand The fifth and sixth by King Suintilla for besides that it may be proved out of the Acts of them there is a Prebend of Barcelona which affirmes it downright This King saith he called the fifth and sixth Synod in the citie of Toledo The seventh of Toledo was called by King Sindasund The eighth ninth and tenth by King Risisund After he was received into the Kingdome saith the same Prebend of Barcelona hee commanded three severall Councels to bee held in the Citie of Toledo under Arch-bishop Eugenius But we have no need of his testimony for the Acts themselves plainely say as much of those Councels at least of two of them The eleventh of Toledo was commanded by King Bamba in the yeer 674. The Acts doe obscurely intimate so but Tarafa clears it Bamba saith hee after his victory over Paul and the Gauls returned to Toledo where hee commanded the celebration of the eleventh Councell So likewise the third of Braque was called by him the same yeere as we have it set downe in the end of the Acts. The twelfth thirteenth and fourteenth of Toledo were called by the command of King Eringius The Acts of the first testifie as much directly those of the second intimate so and for those of the third wee have them not but the same Prebend of Barcelona relates it in this manner This Eringius in the second yeere of his reigne caused the twelfth Councell of Toledo to be holden which consisted of thirty six Bishops in his fourth yeere he made the thirteenth be holden consisting of fourty eight Bishops and the foureteenth in his fifth yeer wherein were twelve Bishops all three under Iulian Archbishop of Toledo The other foure following Councels of Toledo King Egytas assembled the Acts of two wherof were carried to Rome to help to correct Gratians Decret's by as is mentioned in a note put at the end of the Acts of the thirteenth of Toledo but waiting till they bee put out in print we shall content our selves for the present with what is delivered concerning this point by the forementioned Canon of Barcelona King Egyta saith hee in the first yeere of his reigne which was the yeere of our Lord 693 caused the fifteenth Councell to bee celebrated under Iulian Archbishop of Toledo consisting of sixty one Bishops the sixteenth Councell in his third yeere and the seventeenth in his fourth under Philip Archbishop of the same Church Wee shall observe by the way that these Councels of Spaine consisted partly of the Bishops of Languedoc a Province of Franceâ— for there are named in the subscriptions of some of them the Bishops of Carcasson Narbo Beziers Lodeuâ— Agde Maguelone who is now Bishop of Montpelier Nismes and others in the same Province and this because the greater part of it was then under the dominion of the Gothes who held it together with Spaine wherfore it is sometimes by our French Historians called Gothia Gottica Provincia and Gothica regio CHAP. VIII That it belongs to the Emperour and Kings to appoint the time and place when and where Councels shall bee held and not to the Pope 1 HAving proved already that the calling of Councels belongs unto the Emperour and Kings and not unto the Pope it follows then that it is for them also to appoint the time and place Yet notwithstanding we will further confirme it by some examples It is storied by Sozomen that Constantine the Emperour resolved to hold a Councell at Nice upon occasion of the new doctrines of Antiochus and the heresie of Aetius and how by the perswasion of Basil hee changed his purpose and would have removed it to Nicomedia but by reason thâ—t citie was ruined by an earthquake by the advice of the same Basil hee made choice of Nice againe and how when there happened another earthquake there too hee resolved upon the perswasion of
staffe and ring In the yeare one thousand one hundred twentie five hee bestowed foure Bishopriques more 7 William of Newburie both Doctour of Divinitie and an Historian proves in like manner of King Richard the sonne of Henry the second who raigned about the yeare one thousand one hundred eightie nine First of all saith he this new King was so affected that by his meanes many Churches which were vacant of England were provided of Pastours Richard of Ely the Kings treasurer was preferred to the See of Lincolne Godfrey Lucy to the chaire of Silchester William Longchampe the Kings Chancelour to the Bishoprique of Ely Hubert Deane of Yorke to the Church of Salisbury hee bestowed also the Metropolitan See of Yorke upon his brother Ieffrey 8 The yeare one thousand two hundred and seven Pope Innocent the third would have perswaded the Monkes of Canterburie to chuse one Stephen Langton for their Bishop but they replyed that it was not lawfull for them to doe so without the Kings consent But the Pope having injoyned them under the paine of Anathema they were compell'd to consent unto him so and so though with a great deale of murmuring Which being done the Pope writ unto King Iohn a soothing letter to get him to approve of it But he being offended thereat Commanded that all the Monks should bee drawne out of the Monasterie of Canterburie as guiltie of high treason yea and that they should be chased out of his Kingdome 9 In the yeare one thousand two hundred fortie and five Henrie the third King of England Having received a foule injurie done as he thought both to him and his forasmuch as many Bishops were created in England without his consent hee sent Mr. Lawrence de St. Martins his Proctour to the Court of Rome to make complaint of it and plead the right which hee had thereunto from all antiquitie 10 One Mr. Richard de Witz having beene elected Bishop of Chichester by Innocent the fourth who was then at Lyons To the intent that such an injurie done to the King might not passe unpunished saith an English Historian hee was justly deprived of a Baronrie which belonged to the Bishoprique 'T is true it was restored a long time after by meanes of the earnest intercessions which were made thereupon There are infinit examples of this nature both in these authors from whence wee have taken the former and divers others 11 Wee will here observe that our Popes have elsewhere testified in their owne books how the right of bestowing benefices and Prebends which belongs unto the Kings of England in capite during the vacancie of the Bishoprique This wee read in a Decretall of Alexander the third in these words The said Bishop being deceased and the revenues of the Bishoprique being come unto the Exchequer a certaine Prebend chancing to bee void our wel-beloved sonne in Christ Henrie the illustrious King of England hath bestowed upon Thomas his Clerk This Decretall was extant in the title De jure Patronatus after the chapter Praeterea in the third booke of the Decretals as I have seene in an ancient Manuscript which is in my custodie One of our Doctours witnesseth also that it was anciently there and afterward expunged A learned Spanish Bishop publisht it since by adventure without ever thinking upon it for he had no intention to harme the Pope 12 Our Doctour of the Civil law beare witnesse of the rings of England affirmingâ— that this eight belongs unto them and determining also that it is a thing which may bee done They say as much for the King of Hungary the King of Apulia and also for the King of France See here the verie words of Alexander in his counsels Baldus said well in the law descripta de precib imperat offerend that Kings and secular Princes who by ancient custome time out of minde have power to conferre Prebends and Benefices within their dominions may doe it because such a custome gives them a priviledge And he sets downe a president of the King of Hungarie and the King of England The King of Apulia might be added also according to that remarkable glosse in the summarie of the seventh Quaestion causa 16. Another might be urged of the King of France as saith Iohn the Monke upon the first chapter De Praebendis in sexto 13 See here many authorities together whereunto wee will adde that of Lancelot Conrade Lawyer of Millaine and the King of Spaine his subject who will furnish us with some others So some Kings and Princes saith he may conferre the benefices of their Kingdome when they have got this right either by custome time out of mind or by Apostolicall priviledge as Alexander hath counselled in his 74. Counsel num 8. volum 4. Baldus in the law Rescript C. de precibus imperat offerend Martin Lawrence de Privil Rescript Quaest. 2. Following Alexander he urgeth the examples of the Kings of France England Hungary and Apulia and addâ—s also the King of Spaine hee saith â—urther that the King of France seemes herein to have a greater power and a larger right than the Emperour 14 A German Bishop who writ in the yeare one thousand one hundred and nine addes also the King of Scotland and proves the same of him which hath beene said of the rest We reade saith he of the Bishops of Spaine Scotland England and Hungarie that by ancient institution till this upstart novelty came in were put into their Bishopriques by the Kings with purity and integrity and with peace and quietnesse for temporall matters Afterwards hee speakes of our Kings of France on this manner A long time before the decree of Adrian and his successors the annointed Kings and the Maiors of the Palace invested Bishops Dagobert Sigebert Theodorick Hilderick Pepin Maior of the Palace and Theodoret who established Remachus Andomarus Amandus Antpertus Eligiuâ— Lampertus and other Bishops of most holy life 15 Let us now see what this right of France is It is certaine that from the verie infancie of this Realme our Kings have begunne and continued through all their three lines to elect Churchmen to bestow Bishopriques Abbeyes and other Ecclesiasticall dignities upon them to give these elections to such as they thought good alwaies reserving unto themselves their consent or approbation and to proceed therein such other waies as they thought fit The examples hereof are so plentifull that wee should bee afraid to tyre the reader by reciting them and therefore we will content our selves with quoting them in the margent especially considering that there are so manie other waies to prove it that we care for nothing but curtailing our discourse 16 Whosoever shall seriously consider these examples hee shall finde that our Kings have alwaies dealt herein as they pleased that sometimes they have made elections and nominations themselves sometimes they have given leave to the Clergie to make them either alone or with
those as answere these to whose graver judgements hee submits both himselfe and these his weake endeavours in a modest confidence of their candid interpretation AN ADVERTISEMENT to the READER prefixed before the FRENCH Copie THis Booke is not for those that have made separation in point of Religion but for such good Catholiques as desire to see an holy reformation of it Here you shall finde the demands that were put up to that end at the Councell of Trent by the Emperour the King of France and other Catholique Princes not Protestants and the small regard that was had of satisfying them Here you shall read the tricks that were used both in this and some precedent Councels to wave that reformation which was so earnestly sought after and withall you shall understand a good many of the points wherein it consisteth The method which the Authour hath used may bee set downe in few words Hee makes two kinds of nullities one in the forme and manner of proceeding which he delivers in the first Book the other in the matter And these later consist either in denyal of justice which is handled in the second Book Or in the injustice of the Decrees themselves concerning which he sets downe two maxims The first that they advance the Pope to an unlawfull power stripping Councels Clergy yea Kings and Princes of that authoritie which belongs unto them to transferre it upon the Pope and this is proved in the third fourth fifth and sixt Books The second that they pull downe the honour and authoritie of Christian Princes and Secular powers which is treated of in the last Book See here the subject wherein many learned men both Devines and Lawyers have travailed long agoe before the names of Luther and Calvin and such as embrace their doctrine were ever heard of which doctrine is not here defended nor shall you find any thing that concernes them in particular The ancient liberties of the Church are represented here in divers passages the very same with those that carry now the name of the Gallicane Church whither they made their retreat when they were chased out every where else yet not without danger of being lost and that not in part but in whole by a blow from Trent VVhich would plunge us again into those miseries wherof our Ancestors begun to bee sensible long agoe which they have left unto us by tale upon record in the ancient Histories and Edicts of our Kings the Rolles of the States General the Remonstrances of the Courts of Parliament and many other ancient Monuments Nor doth it lesse concerne the interest of our Soveraigne Lord the King whose honour and dignitie are shamefully disgraced his authoritie vilified his power rebated with a generall prejudice to all the French who in particular are egregiously wronged in divers things as may be fully knowne from this discourse You must further observe that the Authour was not willing to meddle with what properly concernes divinitie as unwilling to transgresse the bounds of his profession or speake any thing upon this occasion of those demands which were made by Catholique Princes in this Councell touching the reformation of abuses about Images Pilgrimages Reliques of Saints keeping of Holy dayes convenience of the marriage of Priests Communion in both kinds celebration of divine service in a vulgar tongue and such like contenting himselfe with a bare mention of those demands and no more A SVMMARY OF The Chapters BOOKE I. Chap. I. Pag. 1. 1 THe many abuses of the Pope and Court of Rome The occasion of calling this Councell How the Popes sought meanes to decline it How politiquely they carried themselves in it in the election of thâ— place admittance of persons and passing of Decrees The great account they make of it 2 No noâ—â—lâ—y 〈◊〉 oppose the Pope or a Councell Ancient bickerings of Popes with the Emperours of Germany With the Kings of England 3. c. With the Kings of France 8 Where the Kings were assisted by the Parliaments Vniversities Devines Lawyers Prelates and other Clergie both severall and in Councell 9 10 Councels against Popes 13 Harsh letters to Pope Nicholas 14 15 Councels suborn'd by Popes against Princes 16 The Councell of Ferrara or Florence not admitted at all in France 17 That of Basil but in part That of Lateran totally rejected The Councell of Trent more usurping than any than all these Chap. II. p. 12. 1 SEverall instances made to the Kings of France for the receiving of this Councell but still rejected As to Charles the ninth by the Pope the Emperours and other Princes 2 His answer to their demand 4,5 Instances made to Henry the third by the Clergie of France With severall Orations to that purpose 9 His answer to the King of Navar. 13 Hee further importun'd by Provinciall Councels 15 All these instances made by the Popes iâ—stigation 16,17 Who use to serve themselves of the Clergie against Princes 19 The rejection of this Councell never objected to this King by his accusers 20 Some things ordain'd consonant some things contrary to this Councell Chap. III. p. 20. 1 THe Pope was a party and therefore could not call the Councell nor be judge in his owne cause 2 According to his owne Canon law Besides there were severall Appeales from him put up by Luther the Archbishop of Cullen the Vnivositie of Paris the Protestants of Germany and therefore he was disenabled from being Iudge of the Appeale Chap. IV. p. 21. 1 THat the Pope stood in need of reformation and therefore incapable of being Iudge 2 Confessed by Pope Adrian 3 By the Councels of Constancâ— 4 Basil and Pisa. Yet nothing reform'd Chap. V. p. 23. 1 PRotestants were condemned before they were called to the Councell and may therefore justly refuse it 3 The Pope knownly hated them therefore they needed not obey his summons 6,7 An enemie should not be a Iudge Chap. VI. p. 25. 1 WArres on foot in the time of the Councell 2 Complain'd of by the Protestants 3 Confest by the Popes 4 Approved by the Councell 5 As the Parman warre 7 And civill warres of France 10 Whereby many were hindred from going to the Councell 11 And therefore ought not to be prejudiced by their absence 12,13 The Councell question'd whether continued or ended Chap. VII p. 30. 1 DEmands that the Councell might be kept in some free place made by the Germans 5 By the King of England 6 By the King of France 7 As formerly by the Pisan Fathers 8 Their Apologie 10 Trent no free place but subject to the Pope 11 Letters of safe conduct no good security 12 Of what consequence the place hath beene anciently reputed 13 By Pope Iohn the 23. 14 Summons to a place not safe are invalid 15 And have beâ—ne so judg'd by Popes 17 And Canonists 18 Where the place of judgement is not safe there may be an Appeale Chap. VIII p. 36. 1 ALL were not called to this Councell that should have beene 2 Noâ—
all the Clergie nor any of the Laity Contrary to ancient custome 3 4 Lay men sometimes admitted to bee Iudges in controversies of faith 5 Yea even Heathen Philosophers 7,8 Controversies sometimes decided by Councels 9 Sometimes by reference 10 Sometimes by conference A meanes proposed for reconciling the present disterence in Religion 11 12 Further prosecuted 13 Lay mens plea for admittance in this Councell 14 Bellarmines answer examined 15 The power of Emperours and Kings in this case 16 17 Some of them have beene Iudges in Councels 18,19 Lay men admitted by Kings to assist at severall Councels 30 31 And Spaine 32,33 c. And England 36 37 Admitted likewise by Emperours 38 Yea summoned by Popes 40 Lay mens presence in Councels not absolutely necessary and when convenient 43 The ignorance of the Popish Clergie 44 The Authours apologie 45 The assistance of the laity allowed by severall authours 46,47 Practised at severall Councels Trent excepted 48 Anodious doctrine to Popes and why Chap. IX p. 47. 1 THe Trent Fathers were the Popes creatures 2 That abuse observed by the Emperour 3,4 Complain'd of by the French Ambassadours 5 6 And Protestants of Germany 8 As good as confest by the Popes themselves 9 The charges of Councels defrayed formerly by the Emperours 10 Of late by the Pope And therefore the judgement of such Councels in the Popes cause refusable Chap. X. p. 51. 1 THis Councell compared with others for number of Bishops 2 Which were so few here that it cannot be accounted generall 3 Henry the seconds protestation against it upon that ground 4 The number in the later Sessions doth not legitimate the paucitie in the former Chap. XI p. 53. 1 THe Emperours letters to the Pope about the indirect dealing of the Councell 2 The French Ambassadours oration in the Councell to that effect 3 Their retire from the Councell Chap. XII p. 54. 1 ALL processe made by a suspected Iudge is void 2 The Pope challenged as an incompetent Iudge in this Councell 3 The Councell protested against by the Germans 4,5 By the King of England 7 By the Kings of France 9 Sentence passed upon absents invalid 10 Yea though they had beene present there may be a second judgement 11 As was in the case of the Donatists 12 And Arrians 13 Otherwise we cannot decline the sentence of the Councell of Ariminum 15,16 Other heresies sentenced in more Councels than one 17 The injust dealing of the Councell of Ephesus Pope Leo's protestation against it holds good against this of Trent BOOKE II. Chap. I. p. 61. 1 NVllities in the matter of the Councell As in deniall of justice 2 In things demanded by the Emperour 3 By the King of France 4 By the Catholique Princes of Germany 5 By the Duke of Bavaria In which demands are particularly mentioned such abuses as should have beene reformed 7 Many of them confest by the Deputies of Paul the third Chap. II. p. 65. 1 THe abuses complain'd of not reform'd by the Councell 2 Reformation of the Head the Pope and Court of Rome demanded by Princes confessed necessary by Popes 3 Yet not medled with by the Councell 6 The Authors protestation to set downe the Papall not the personall faults of Popes 7,8,9 c. The complaints of many ancient Popish authours against the abuses of the Pope and Court of Rome with some Councels that attempted but effected not a reformation Chap. III. p. 74. 1,2 c. ANcient complaints against the inordinate desires of the Popes after temporals which made them neglect spirituall matters 5,6 c. All things set to sale at Româ— even the Holy Ghost 7,8 The avarice and exactions of that Court. 10 As great since as before this Councell Chap. IV. p. 78. 1 BY what meanes the Popes enriched themselves 2 A price set upon all sins in his Penitentiary tax 4 The tax of the Chancelourship 6 The tax upon Bishopriques 7 Exactions of Annats or first-fruits 14 When the Pope first usurped them 18 The Emperours anciently required them not 21 Of selling the Pall. 22,23 The state of first-fruits in France 25 The Popes ancient incomes out of England 26 Their simoniacall gettings by Reservations Graces Provisions c. 27 Their impositions of taxes and tributes upon kingdomes Particularly upon England 28,29 What trickes they used to oppresse this Realme 30 The Popes proverbe of England 31 The like oppressions and complaints in France 33 The Popeâ— challenge to the goods of Clergie men that die intestate Their revenues onâ— of the stewes Their yearly Kinâ— Chap. V. p. 91. 1 THe Popes exactions under colour of a holy warre By absolving such as had taken the Crosse upon them 2 And raising levyes for the maintenance of the holy Land 3 And reparations of St. Peters Church 5 The Popes used the colour of a holy Warre to wreake their own spite 7 And converted those collections to their private ends Opposition made against them in Spaine Chap. VI. p. 94. 1 BY what meanes the Popes cheated other Patrons of their advousons and presentations to Ecclesiasticall livings 2,3 Ancient complaints against this abuse 5 Of their conferring them upon lewd persons 6 7 Remedies provided but not applyed 9,10 Of their preferring dunses 11 And aliens 12 The inconveniences that follow upon this 13 14 Vrged by the French 15 Confessed by the Cardinals but not yet reformed by the Pope Chap. VII p 99. 1 OF drawing all suits concerning causes and persons Ecclesiastical out of other nations to the Court of Rome 2 Inconveniences thence ensuing 3 4 5 c. Complaints made against them 7 Of appeals to Rome 8â— 9 The multiâ—â—de and abuse of them 10 11 The Court of Romes usurpation upon the Lay jurisdiction Chap. VIII p. 102 1 BY what meanes the Popes get the jurisdiction over causes and persons civill Of Ecclesiasticall informations 2 Of the intervening of an oâ—th 3,4 A law made in France against the Popes usurpation in this kind 4 And the statute of Premunire in England 5 The Popes intermedling with Emperors and Kings Their crownes and dignities 6 As King Edward the first of England The Pope rejcted by Parliament 8 The judgement passed by Secular Princes disâ—â—â—â—ed by Popes 10 11 Of their metamorphosing Lay men into Clergy men 12 Of the Popes Commissaries and Delegate Iudges 13 14 Anciently complained of 15 Not reform'd but confirm'd by this Councell 16 Of the Popes Legats 17 18 Their power to legitimate bastards 20 And other faculties as to dispense with Councels Chap. IX p 107 1 OF the Popes usurpation of Lordshipsâ— and Kingdomes 2 Of their temporall dominâ—on in Rome 3 4 How they hold it and when they got it 5 Thâ—ir claimâ— to Scotland 6 Encroaching upon Poland 7 And Sicily 8 Especially England in the time of King Iohn 9 10. That story more at large 11â— 12 Excommunications abused by Popes to secular ends 1â— 15. c. Their inordinate desire of preferring their Nephewes and kindred by indirect meanes
19 20 c. Their excessive luxury Chap. X. p. 112. 1 OF the unlimited and injust power of Popes 2 3 Given them by their flatterers 5 And admitted by themselves 8 Wherein the plâ—nitude of the Popes power is said to consist 9 How superior to Angels 10 And th'Apostles 12â— 13â— 14 How deified by his flatterers 15 The adoration of his feet 20 The donation of Constantine 21 22. c. Severall Popish maxims concernâ—ng the Popes supreme authoritie in temporals 30,31 c. Of his transferring the Eâ—pire and bestowing of Kingdomes 41 Absolving subjectâ— from the oath of â—llâ—geance 52 Power 〈◊〉 Infidel Princes 53 Donation of the West Indies 55 Testimonies of Popes for their supremacy 56 The King of France 〈…〉 how evaded by Popes 57 The Popes usurpations over Kings approved by this Councel 59 The King of France frivolously excepted 60 The ill consequences of the Popes temporall power Chap. XI p. 120. 1 OF the Popes honours How they make Kings their Lacqueyes 2 By their Ceremoniall 3 And have required the actual performance of these services The quarrell with the Emperour Frederick for holding the wrong stirrop 4 For putting his name before the Popes 6 7 Other insolent carriages of Popes towards severall Emperours and Princes 10,11 A draught of the Popes greatnesse 12 Those authours that extend it furthest best encouraged others supprest and purg'd Chap. XII p. 123. 1 POpes opposed in their attempts over Kingdomes and Empires By the Clergy of France 3 4 In their excommunicating and deposing of Emperouâ—s 5 By the Clergie of Liege 6 The Popes power in temporals spoken against by St Bernard 7,8 c. And divers others 10,12 Opposed by the Nobles of England 13 14 The Nobles and Clergy of France 15 The States of the Empire 16 17 The Canonists 21 23 Devines and Historians 24 25 Princes and Parliaments 26 27 Popes absolving subjects from their allegeance disproved 33 A list of such authours as deny their temporall power Chap. XIII p. 131. 1 A Parallel betwixt Christs humilitie and the Popes ambition 2 The pride of Rome bodes her fall 3 The Court of Rome like the image in Daniel 4 A prophecy of a King of France Chap. XIV p. 134. 1 THe number of Cardinals too great 2 An occasion of many abusesâ— 3 Of their prodigious plurality of benefices 4 Their number anciently complain'd of 5 But not reform'd by the Councell BOOKE III. Chap. I. p. 137. 1 THis Councel gives too much to the Pope 23 By allowing them the power of calling it 4 And submitting all the Decrees to him 5 6 And allowing him the power to translate it 7 Popes usurpe the power of calling Councels 8 Or at least of approving them 9 Councels anciently called by Emperours not Popes without either their command or explicite consent Both generall aâ— the first of Nice 12 thâ— first of Constantinople 13,14 c. Without any command from the Pope proved at large against Bellarmine 18 The first of Ephesus 22 Bellarmines ansâ—â—rs refuted 26 The first of Chalcedon 30 The Councel of Sardis Chap. II. p. 145. 2 THe fift Generall Councell at Constantinople called without the Popes consent 3,4 So likewise the sixt 5 And seventh being the second Nicene 6 And eight generall at Constantinople 8,9 c. Fifteen other Councels some 〈…〉 called by Emperours withoâ—t the Popes 〈◊〉 19 The 〈…〉 tâ— come upon the Empâ—râ—urs call 20 That Conâ—â—lâ— were called by Emperours is confess'd by Popes Chap. III. p. 149 1 EMperors called not Councels by commission from the Pope 2 But Popes were petitioners to them for the holding of them As Liberius to Constantius 3 Celestine to Theodosius 4 5 6 And other Popes to other Emperours 7 8 Which was the common practice of other Bishops 9 Popes sometimes called Councels by commission from the Emperours Chap. IV. p. 151. 1 THat Emperors when they called Councels directed their summons to Popes as well as to other Bishops 5 How in ancient Councels they spoke by interpreters 6 The Popes ignorance in the Greek 7 8 Popes presence at Councels not entreated but commanded as well as others Chap. V. p. 153â— 1 DIvers particular Councels called without the Popes presence consent or authority 2 Yet they claime the power of calling them as well as generall 4 Examples of severall Councels called against Popes Chap. VI. p. 154. 1 THat notwithstanding all these authorities the Popes arrogate to themselves the power of calling Councels 2,3 Their testimones answered 4 Generall Councels should not be held unlesse the Pope be called to them 5,6,7 That priviledge common to him with other Patriarchs 11 The old Canon upon which the Popes build their authoritie examin'd Whether one of the Apostles 12 Whether confirm'd by the Nicene Councel 13 Ancient esteeme of the Bishop of Rome 14 Or at Alexandria 16 17 Spurious Canons and testimonies imposed upon ancient Popes 18 Ancient practice contradicts that pretended Canon 20 How long it is since Popes first tooke upon them to call Councels 21 Emperours called some since that 23 Popes may call Provinciall Councels within their owne Diocese Their particular Diocese of what extent 26 As may other Patriarchs 27 Whether a Generall Councell be now possible if not called by the Pope Chap. VII p. 161. 1 POwer of calling Provinciall Councels given by the Councel of Trent to the Popes 2 Which anciently belonged to Kings and Princes 3 Proved to belong to the Kings of France in France 4 5 A particular enumeration of above forty nationall Councels called by command of the Kings of France 18 Of others by their consent and approbation 19 Councels called by the Kings of England within their dominions 20 Many others by the Kings of Spaine Chap. VIII p. 167. 1 THat it belongs to the Emperors and Kings to appoint the place where Councels shâ—ll be held and not the Pope 2 Proved by examples of Emperours and petitions of Popes 4 That Princes also prescribe the time when Councels shall be holden Chap. IX p. 169. 1 THat the power of prorogueing translating and dissolving Councels belongs to Emperours and Kings and not to the Pope 2 3 That power used by the ancient 6 Challenged by late Emperours Chap. X. p. 170. 1 THat it belongs to Emperours and Kings to prescribe what persons shall bâ—â— admitted in Councels 2 And what matters shall bee handled in the â—â— 3 And in what manner 7 And forme Chap. XI p. 173. 1 THat the Presidence in Generall Councels belongs not to the Pope exclusively but to Emperours as also the judgement in them That Constantine was President of the Nicene Councel Reasons to the contrary answer'd Athanaâ—ius his testimony censured 3 How Princes may fitly use their authority in Councels 5 Who presided in the second Councel of Ephesus 6 Zonaras and Evagrius misalledg'd by Bellarmine 7. The Emperour appointed Iudges in the Councel of Chalcedon 8 Which were not the Popes Legates 8 9 c. Arguments to the contrary
Chap. II. p. 260. 1 OF Fraternities how devoted 2 How dangeroâ—â— to the State 3,4,5 Of the Fraternity of the Chaplet or the Order of Penitents 6 Of the sect of Flagellants 7 8 Their originall and orders 10 Gersons booke against them Chap. III. p. 265. 1 DIspensations abused by the Pope 2 Hee takes upon him to dispense with the Lawes of God and man 3 Complaints made hereupon by the Catholiques in Germany 6 By Saint Bernard 7 By the Parliament of England 9 By the Councell of Constance 10 By Iohn Gerson 11 By the deputies of Pope Paul 12 Reformation demanded at the Trent Councell 13 Which medled with them onely in three cases 14 And that as good as nothing 15 And contrary to the liberties of France Chap. IV. p. 269. 1 OF unions of Benefices both reall and personall Which the Councell leaves to the Popes disposall 2 Which of right belongs to the Bishops of the Dioceses with consent of the patrons 3 Vpon reasonable cause 4 5 6 Otherwise they have and may be disanull'd nothwithstanding any prescription 7 Contrary to the Councell of Trent which allowes prescription in some and the Popes pleasure in all Chap. V. p. 271. 1 OF the residence of Bishops Which the Councell leaves to the Popes approbation To the prejudice of Princes and Metropolitans 3 To whom it belongs to approve the causes of their absence 2 How Popes by this meanes deprivâ— Princes of their best servants 4,5,6 For Kings to approve of non-residence was the practice of France before this Councell 8 And the law since Chap. VI. p. 273. 1 BY this Councell of Trent there can be no more Gâ—nerall Counâ—els but when the Pope pleaseth 2 Which takes away all hope of reformation 3 And is contrary to the Decrees of former Councels 4 The benefits proceeding from the frequency of Councels 5 They bridle the Popes power And therefore they decline them Chap. VII p. 275. 1 OF Iesuites Their Order confirm'd by this Councell 2 Their speciall vow of obedience to the Pope 3 Their deifying of him 4 They are the Popes Ianizaries and Emissaries in the State 5 Slaves to the Pope and therefore nâ— good subjects to their Prince 6 Their doctrine that Kings may be deposed 7 And of excommunicate killed 8,9 That heretiques are to bee put to death 17 Iesuites pernicious to the State therefore once banished out of France Chap. VIII p. 280. 1,2,3 THat this Councell in effect gives the election nomination and investiture in all Abbeyes and Bishopriques to the Pope 4 How this is prejudiciall to Princes 6 How elections were anciently made by the Clergie and people 7 Sometimes by the Pope Yet still by a power derived from Emperors and Princes 8,9 Proved out of the Canon law Popes anciently elected by the Emperour 13 14 This prerogative not renounced by the Emperour Lewes nor Henry 15 16 But practised by Emperours and allowed by Popes till Grâ—gory the sâ—venth 18 And then taken from them by usurpation Chap. IX p. 285. 1 THe election and investiture of Patriarchs and other Bishops belonged to the Emperours 2 3 In which the Popes had nothing to doe but by commission from them 10 Till Gregory the sevenths time who first usurped this power Which was afterwards the occasion of many quarrels betwixt Emperors and Popes 11,12 c. As betwixt Henry and Paschal about investitures 16 The Emperors renuâ—â—iation invalid 17 Because compell'd 18 And does not binde his successors 19 Who redemanded their right 20 The Councels that condemn'd Investitures for heresies censur'd 21 22 And Ivo for defending them 23 Who contradicts himselfe 24 The Emperour Henry in part excused Chap. X. p. 291. 1 ELections nominations and investitures belonging to other Kings and Princes in their owne dominions As the Kings of Spaine 2,3 c. The Kings of England possessed of this right both before and since the Conquest 11 With the Popes apâ—â—â—bation 12,13 The Kings of Hungary 〈◊〉 Apulia have done the like 14,15,16 How the Kings of France have behaved themselves in this point 18,19 Their right confirm'd by Couâ—â—el 23. And testified by Civilianâ— 26 Elâ—ctours to have â—â—e Kings Conge d'â—liâ—e 27 And the elected to tâ—ke the oat◠〈◊〉 â—llegeance â—8 29 That the Kings of France retâ—â—ne the â—omiâ—â—tion and the Popes have got the confirmation of Bishopâ—â— 30 Which râ—â—ders them obnoxiâ—â—a to the Popes and carâ—lâ—sse of their Prince 31,32 c. Examples tâ—â—â—eof in Englâ—â—d and Franceâ— BOOK VI. Chap. I. p. 299. 1 ALL jurisdiction in all causes and over all persons belongs originally to Secular Princes 2 This Councell exempts Bishops and even in crimiâ—all causes submits them onely to the Pope 3 Contrary to right 4 5 And ancâ—ent practice 11 c. How Emperours have exercised their jurisdiction over Clergie-men sometimes by their Delegates 12 Sometimes by Councels 15 16 c. This right of Princes acknowledged by Popes 18 Established by the Imperiall lawes 19 Allowed by Councels 21,22,23 French Bishops judg'd by their Kings Sometimes with a Councell 24 Sometimes without 26 This judgement of Bishops refused by Popes 27,28 The present practices of France in such cases Chap. II. p. 306. 1 THat Bishops by this Councell are made the Popes delegates in matters of their owne ordinarie jurisdiction 2 As visitation of Monasteries 3 Providing for Sermons in peculiars 4 Assigning a stipend to Curates 6 Visiting of Clergie men 7 Assigning of distributions in Cathedrall Churches 8 And assistants to ignorant Rectors 9,10 Vniting Churches 11 Visiting exempted Churches 12 And others not exempted 14,15 Visiting of Hospitals and Schooles 16 Disposing of gifts to pious uses 17 Such delegations prejudiciall to Bishops Archbishops and Lawyers 18 Evocations of causes out of other Courts to Rome allowed by this Councell 19 The inconveniences thence ensuing Chap. III. p. 313. 1 THis Councell entrencheth upon the Secular jurisdiction by attributing seemingly to Bishops 2 But really to the Pope 3 The cognizance of many things which in the Realme of France belong to the Civill jurisdiction in some cases not wholly to the Ecclesiasticall 4 As libels 8 Sorcerers 9 Clandestine mariages 10,11 And some other matrimoniall causes 12 Right of patronage for the posâ—essory 13 Lay appropriations 15 Maintenance of Priests 17 Visitation of benefices so as to compell reparations to be made 20 Sequestration of fruits 21 Royall Notaries 22 Simple Shavelings 25 Civill causes of Clerkes 26 Adulâ—â—râ—es 29 Seisure of goods 30 Imprisonments 31 32 Appeales as from abuse abrogated by this Councell 33 Erection of Schooles 34 Building-money 35 Meanes of hospitals 36 Infeodation of Tithes 39 Taking of the accounts of Hospitals Colledges and Schooles Chap. IV. p. 32â— 1 EXemptions granted by the Pope to Churches Colledges Abbeyes c. confirmed by this Councell to the prejudice of Bishops 2 3 Many complaiâ—â— anciently made against them 4 The Popes have no power to grant them 5,6 The unlawfulnesse and abuses of them 7 Reformation hereof desired â—t the Trent
Councell 8 But not obtain'd 9 Exemptions how used in France Chap. V. p. 327. 1 THe power of granting pardonâ— for criminall matters 2 Allowed to the Pope by this Councell 3 Vnknowne to antiquity 4 Being the true right of Princes Chap. VI. p. 328â— 1 THe number of Papall Constitutions and Decrees complain'd of to this Councell 2 Yet not abated but all confirm'd by it 3 Many whereof were not received before 4,5 Ancient complaints made against them 6 By what degrees Popes usurped upon Princes by themâ— 8,9 Many pretended Decretals are supposâ—titious 15 Many abusive 17 And derogatory to the Imperiall lawes 19 The worst Popes authours of them And the greatest enemies to Princes Chap. VII p. 335. 1 THe censure of all bookes left to the Pope by this Councell 2 The extent oâ— this power and mystery of the Index expurgatorius 3,4 Wherein they condemn all authours that stand for the rights of Secular Princes 5 Or of Councels against Popes 6 And all that have writ against the abuses of their Court 7,8 c. And by the like reason they may condemne all or most of the lawes of Princes and liberties of the Gallican Church BOOKE VII Chap. I. p. 341. 1 THat this Councel tends to the depressing and abasing the authoritie of Christian Princes 2 By robbing them of their temporall jurisdiction 3 Especially in case of duels That a Councell hath no coactive jurisdiction over Princes This proved by authority of Scriptures 4 And ancient Fathers 5 And Popish authours 6 All coactive jurisdiction derived from Princes 7,8 Over the Clergie variously exercised by the Imperiall lawes 9 What use the Popes make of them 10 They doe not binde present Princes Chap. II. p. 346. 1 THat a Councel hath no power in temporall matters Proved by authoritie of Fathers against the Trent Councel 3 By the practice of Popes 5,6.7 And ancient Councels 8 By reason 10 Secular Princes may require subsidies of Clergie men 11 Even by the Canon law 12 If they have any exemptionsâ— 13 As they have many 14 They were first granted by Princes Such subsidies injustly prohibited by this Councell 15,16 And some former Popes Chap. III. p. 352. 1 EXcommunications abused by Popes against Princes 2 Kings should not easily be excommunicated 3 As they are by this Councel 4 The King of France claimes a priviledge and exemption from excommunication 5 And why 7,8,9 This priviledge acknowledged by Popes 10 Maintained by Parliaments 11 Confirmed by Popes Chap. IV. p. 355. 1 THis Councell useth commanding termes to Kings and Princes and makes them but the Bishops officers and executioners of their Decrees 2 Contrary to the practice of former Councels 3,4 c. This makes Princes inferiour to Priests in point of honour 9 How much the Pope is greater than the Emperour 11 12 The humility of ancient Popes and the great respect they used to Kings and Emperours Chap. V. p. 359. 1 THe authority of Kings in the Church and over the Clergie 2 More in right than in fact 3,4,5 They are the patrons and defenders of the Church 6 And have power to reforme it 7,8,9 This power confest by Popes 10,11 And Popish writers 12,13 Exercised by Emperours 14,15 c. And kings of France Chap. VI. p. 365. 1 THat Emperours and Kings have in all ages made lawes of Ecclesiasticall politie and discipline 3,4 Both before Christ 5,6 And since 7 That they had power so to doe But not to administer the word or sacraments 8 Especially the Emperour the Kings of England and France 9 10 c. This power of Princes coâ—fessed by Councels and adâ—itted by Popes 16 Who became suiters to them in that behalfe 17,18 And proâ—oters of their ordinances Chap. VII p. 371. 1 THe King of France wrong'd by this Councell iâ— point of precedence before the King of Spaine 2 3 The quarrell betwixt their Ambassadours at Trent about it 4 The Spanish party favoured by the Pope 5,6,7,8 And by the Councell 10,11 The King of France his right proved by Councels 13 Doctors 14 Even Spaniards 15 The Popes prevaricaâ—ion in the cause 16 Which is not yet decided Chap. VIII p. 377. 1 INdults and expectative graces utterly prohibited by this Councell 2 But tolerated by the lawes of France and practised there 4 All power in excommunications either for procuring or prohibiting them taken from Civill Courts and Magistrates by this Councell 5 Contrary to the law and custome of France Where the kings by their officers doe decree them 6 Or prohibit the execution of them 7 Thereby curbing the attempts of Popes 8 Prejudiciall to the lay Iudges 9 Censures and excommunications abused by Popes 10 And therefore opposed by Princes 11 A reformation required at Trent 12,13,14 And before that they might be used for petty matters 16 Yet no remedy obtained Chap. IX p. 383. 1 THis Councell disposeth of the goods of Religious persons Contrary to Law 2 Gives Mendicants leave to possesse lands contrary to their Order and its owne Decree 3 And the lawes of France Notwithstanding the Popes dispensation 4 This Councell cancels some leases of Church lands injustly because without the Kings leave 5 It ordaines about commutation of last Wils contrary to the lawes of France Chap. X. p. 385. 1 THis Councell commands all Clergie men to receive the Decrees without regard to their Princes consent 2 Contrary to the practice of other Councels 3 It denounces excommunications in case of refusall Requires an oath of obedience Disaâ—lowes toleration of Religion 4 Approves violence in rooting out heresies 5,6 And ordaines the Inquisition for them 7 Contrary to the Edicts of pacification in France 8 The prejudices done by this Councell admit of no qualification 9 And therefore it hath beene justly rejected Faults escaped Pag. Line Fault Correction 24. 37. preceed preside 31. 18. to staine â— to staine 40. 36. Trent Tyre 41. 34. Rhegno Rhegino 58. 9. a. dele 64. 21. Holynesse Highnesse  32. discords disorders 71. 43. Of Chartres Of the Charterhouse et 224. 5.   75. 24. Fontanus Fontanus hath put  marg Alberius Albericus 81. 3. exequeter one yeeros exchequer one yeares 83. marg Valoterran Volaterran 86. 41. Princes Provinces 94. 33. this in this 95. 9. Apostles Apostle 101. 40. rank instance 109. 24. gave have 121. 46. writ went 122. 53. Avarus Alvarus 125. 30. in into 130. 46. at as 159. marg Radericus Radenicus 166. 34. Sismand Sisenand 187. 10. Empâ—rour Emperours 191. 27. assembling ascribing to him 194. 13. commanded them that dele 222. 22. to wit dele 241. 2. that by that 251. 36. found founded 253. 26. blessed the blessed 257. 47. the. at the. 265. 5. they an the. and. 269. 3. to Popes to the Popes 278. 16. Monarchie Monarch 288. 42. you yon 293. 4. Doctour rings Doctours Kings  5. eight right  33. were they were 296. 42. Churches clutches 307. 21. honour under order over 310. 41. Iudges Royal Ordinaries Ordinarie Iudges Royall
Councell holden at Rome under Innocent the third at which were present Primates and Archbishops sixty one Bishops foure hundred and twelve and eight hundred Abbots and Priors In which Councell the said Pope did excommunicate Lewes the King of France his eldest sonne and all the Earles and Barons of England with their complices which conspired and rebelled against the King of England Philip Augustus knowing the excommunication said to Gualo the Popes Legat The Kingdome of England which the Pope pretended to be feudatary to him and thereupon proceeded to that sentence of excommunication never was nor is nor ever will be S. Peters patrimonie in as much as no King or Prince can give away his Kingdome without the consent of his Barons who were bound to defend it And if the Pope intend peremptorily to stand in this errour urged thereto by a desire of enlarging his dominion hee will give a bad president to all Kingdomes Whereupon the nobles of France seconding the words of their Prince begun in an instant to cry out with one voice That they would stand for that article till death And yet all this was against the decision of a solemne generall Councell Boniface the eighth saith Platina having called a generall Councell subjâ—cted Philip the Faire and his Kingdome to the Emperour Albert this was saith the Bishop of Consentia who relates the same story in the yeere 1302. Notwithstanding this decree of the Councell Philip the Faire did revenge himselfe upon Pope Boniface in such sort that if his violent death had not ensued upon it his proceedings had never been blamed nor condemned by any man Platina after he hath delivered the story at large gives him this elogy Thus dyed that Boniface who studyed rather to strike a terrour then religion into all Emperours Kings Princes Nations and people who laboured to give and take away Kingdomes to repulse and recall men at his pleasure insatiably thirsting after an incredible masse of money which he had raked together by hooke and crooke Wherefore let his example be a lesson to all governours religious and secular not to rule their Clergie and people proudly and disdainfully as the man we speake of did but piously and modestly Benedict th' eleventh who succeeded this Boniface being informed of the justice of the cause of our King absolved him from the interdict whereto both himselfe and all his Kingdome were subjected and besides set forth a declaration for the exempting of the Kingdome of France from that power which Boniface by his Decretall did arrogate to himselfe over all Empires and Kingdomes whatsoever and for the preserving of it in the ancient rights and liberties thereof 16 Pope Iohn the twenty second say the German Chronicles having called a Councell at Avinion of Bishops and Cardinals not a fâ—w passed the sentence of excâ—â—munication upon Lewes the Emperour and gave his reasons in his Bâ—ll â—gainst Lewes because he had aided heretiques and schismatiques and had ever been a favourer of rebells And besides he denounced the sentence of excommunication against all those that did not sequester themselves from his company and of deprivation of their benefices and dignities against such Priests as should celebrate divine service in his presence The Author addes one thing very remarkable These proceedings saith he of the See of Rome were in those daies of great efficacy for it was a crime inexpiable to be of another opinion then thâ— Pope of Rome yet were there some notwithstanding who â—ided with Lewes without any regard of the excommunication but these not very many for in an imperiall Diet called afterwards by the Emperour to see if hee could finde any reliefe against that sentence all the world was frozen-hearted and crest-falne All the refuge that poore Emperour had was in a few Lawyers who stoutly defended his right and thereby confirmed most of those who were wavering Lewes had saith the same Chronicle some Doctors both of the Civill and Câ—non Lawe who were of opinion that the Popes sentence was null and invalid which opinion of the Doctors was a meanes why divers did not abandon him See here how the Emperours party notwithstanding his right was at first but very weak yet afterwards grew so strong that every one openly rejected the unjust decree of the Councell The Estates assembled at Francford the yeere 1338. did cancell and disanull all these lawlesse proceedings by a faire decree which wee may read at large in Nauclerus Provost of Tubinge wherein are set downe all the authorities and reasons in law against the forementioned sentence and processe with this close By the advise and consent of all the Prelats and Princes of Germany assembled at Francford wee decree that the former processe be void and of no effect and pronounce a nullity upon them all One of our commentators affirmes that even in the Court of Rome where himselfe afterwards was many Prelates and many laiques well skilled in both the Lawes did hold that the Emperour was wronged To bee short there was not one till Pope Benet the twelfth who succeeded Pope Iohn that did not disrelish that processe and yet it was done in a Councell The Councell which was begun at Ferrara 1438 and continued at Florence was never received and approved of in this Realme of France The Bishop of Panormo tells us so The King of France saith he did expresly forbid upon great penalties that any of his dominions should goe to Ferrara to celebrate the Oecunmenicall Councell Charles the seventh telles some Cardinals downright so who were sent Ambassadours from Eugenius and were come to Bruges to get him to accept of it and amongst others to present him with this Article That since such time as it was translated to Ferrara the King should reject the Councell of Basil and receive the Councell of Ferrara with the acts thereof Whereto he made answer after six dayes deliberation with his Prelates and others assembled at Bruges That hee had received the Councell of Basil for a Councell indeed that he sent his Ambassadours thither that many things were there wisely determined concerning faith and mannersâ— and such aâ— hee liked well of But for that of Ferrara hee never did nor never would take it for a Councell 17. These articles and answers are extant in the workes of Nicholas de Clemâ—ngiis And yet for all this Clement the seventh styles this the Eighth Generall Councell For marke how he speakes of it in his Bull of the 22. of Aprill 1527. directed to the Bishop of Farnasia Wee cannot chuse but lâ—nd you our assistâ—â—ce in the impression of the Acts of the eighth Generall Councell held at Florence which you have translated out of Greeke into Latine True it is that Laurence Surius disavowes it when he saith it was not well said to call it the eighth Councell because that 's not it's place He wist not haply that a Pope so saith Bellarmine them to a
Peter Daves at the first Trent Councell CHAP. V. That the Pope had passed sentence before and that he was moved with hatred against those whom hee summoned to the Councell 1 COmplaint is also made that the Pope should shew himselfe so passionate that before the calling of the Councell and after that before the holding of it hee condemned the doctrine of those who were summoned to appeare there in judgement and declared them to be heretiques which gave them just occasion of suspition and instructed them to goe wisely and warily about their businesse By reason whereof they say they cannot justly bee blamed for desiring to quit his jurisdiction and making so much adoe about the forme of the Councell and the persons of the judges seeing these are things which must be looked to at first and before wee enter the lists Now that their doctrine was condemned by them who desired to be their judges is verified by the Bull of Leo the tenth bearing date the 8. of Iune 1520 where after he hath reckoned up Luthers opinions concerning the Sacraments of the new testament the Eucharist repentance contrition confession satisfaction absolution veniall and mortall sinnes indulgences the Popes excommunications priests generall councels workes heresies free-will purgatory and the Catholick Church he decrees as followeth Wherefore by the advice and consent of our reverend brethren and by their mature deliberation by the authority of Almighty God the blessed Apostles Peter and Paul and our owne we condemne disprove and totally reject all and every the foresaid articles or errours as hereticall either scandalous or false or offensive to piouâ—â—ars or tending to the seduction of simple soules and contradicting the Catholique truth And we decree and ordaine by these presents that by all faithfull people of both sexes they bee holden for condemned disproved and rejected 2 It may be answered that Pope was dead when the Councell was held and another sat in his stead whereof they needed have no such feare To which we reply that there was indeed an alteration of the persons but not of the conditions nor proceedings For Paul the third when hee begun the Councell at the very same time which he designed for the calling of it declared that the end of it was the extirpation of the Lutheran heresie as appears by a Bull of his bearing date the 23. of August 1535 entitled Deputatio executorum super reformatione Romanae curiae marke the words of it Whereupon we desiring to provide for the Church and to clense her of all her staines have determined to appoint and solemnize a Generall Councell upon earnest and urgent motives which concerne the state of the said Church and See Apostoliqueâ— and the extirpation of the plaguy Lutheran heresie and others having already dispatched our Nuncio's to Christian Princes for that purpose 3 This Bull came to the Protestants ear for heark what they say of it in the declaration which they made at the assembly of Smalcald 1537. Besides not only because the Pope is a party but seeing hee hath already condemned our doctrine long before hee is growne more suspicious And who can doubt what judgement will passe upon our doctrine in his Councell Yea more hee confesseth that the cause of publishing the Councell is that the new-sprung heresies may bee rooted out 'T is true that may beare a larger construction yet there is no question but he meanes of our doctrine seeing it is scarce credible that hee should speake of his owne faults And that it is so he hath published another Bull since about the reformation of the Court of Rome wherein hee confesseth down-right without any flattery that a Councell is called for the rooting out of the pestilent heresie of Luther Seeing the case stood thus they had beene mad to have put themselves upon that Councell to abide the judgement of him who had condemned them already Considering withall that Leo the tenth in the precedent Bull saith how he hath caused their doctrine to bee pronounced hereticall by a conclave of Cardinals and also by the Priours of the religious Orders and by a pretty company of Divines and Doctors in both the Lawes So that they had but even gone to be whipt as Hosius of Corduba to the Councell of Antioch in case they should have refused to subscribe to the determination of the Councell It is a folly for a man to cast himselfe upon such disasters and a peece of discretion to avoid them Maximus patriarch of Constantinople would not be seene at the Councell of Antioch because he foresaw that if he went thither he should be constrained to subscribe to the deposall of Athanasius for which he was never yet blamed by any body To conclude this point it is holden for a ruled case in law that a judge who hath discovered his opinion already may be refused much more hee who hath passed the sentence before he be made judge Adde we hereunto the mortall hatred of the Pope against Protestants the Pope I say who calls the Councell who summons none to judgement but his owne creatures who must preceed there either in person or by his Legats and must be supreme moderator and judge in all things This point of the Popes enmity against protestants and all those who have ridde themselves out of the Popes servitude is so well knowne that it needs no proofe Henry the eighth King of England then a Catholique laid open the hatred of the Pope against him and his subjects as an excuse for not going to the Councell For he saith That the Pope hates him mortally putting him out of favour with other Kings as much as he can and that for no other reason but because he had cast off his tyrannie and had made him loose his yeerly rent and for this cause he could not come thither 4 Henry the second King of France complaineth also how Pope Iulius the third instigated by the ill will which he bore him without any sufficient reason had denounced warre against him during the time of the Councell depriving him thereby of the meanes of sending the Prelates of his Kingdome thither whereupon hee made those protestations which wee mention elsewhere This consideration makes a nullity in the Councell and serves for a lawfull excuse to such as would not goe thither For in this case hee who is summoned to a Councell is not bound to appeare So Athanasius saith Theodoret knowing the hatred of his judges against his cause went not to the Councell of Cesarea Which was purposely called for him and yet no man ever said ill did he 5 Anastasius Bishop of Perrhenue was three times summoned by his Patriarch before he was deposed and yet that deposall was judged unjust by the Councell of Chalcedon after it appeared that he was his enemy 6 Pope Gelasius speaking of the Bishops of Constantinople with whom he had some bickerings saith something which is very remarkable
wee must doe them right some other way The glossator of the Canon law decides the first point when hee saith That he which hath been lawfully obstinate that is against whom the formalities required in case of obstinacy have beene observed before a judge which is suspected and refuseable is not bound to send a proctour there to plead the causes of his suspition nay it is not necessary to protest but even eo ipsâ— inasmuch as hee hath occasion to make refusall all the processe is avoidable The reason whereof in my opinion is because the judge that knowes himself to be suspected should have the modesty to refuse himselfe and not stay till it bee said unto him Forbear So the old Romans used to doe and it is the practice in France which hath been prescribed to us by our ordinances recusations have ever beene admitted with ease and oftentimes it hath been sufficient to sweare that the party refused was an injust Iudge without rendring any further reason It was to be wished that the Pope had asked his own conscience and examined whether he could be judge in the case in hand seeing that he was accused and taken for a party himselfe and he also presecuting the condemnation of his enemies those whom hee had pursued with fire and sword and condemned already by his Buls Which seeing he did not doe he is therefore the more refuseable and there is a flat nullity in all his proceedings 2 In the first place the Princes of Germany assembled with their Divines at Smalcald the yeere 1537 after they had proposed by the Vicechancelour of the Emperour Charles the fifth Matthias Held aâ—â— declared the reasons that withheld them from repairing to the Councell they published a writing to that effect the contents whereof were that a Councell where the Pope and his adherents have the commanding power ought not to be holden legitimate That the power of judging belongs not onely to the Pope and the Bishops but to the Church wherein are comprehended Kings and other States That the Pope in this case is a party That it is not only his power and excesse which is called in question but his lawes and doctrine and he is accused of heresie and idolatry That he hath already condemned those whom he intends to judge in the Councell That the Convocation of it is not such as was promised it should bee namely in a place of freedome and safety and that in one or other of the Cities of Germany But because the author of this narration may be suspected by some I will produce his adversaries Pontanus speaking of this assembly saith that the Protestants after much deliberation made answer that they would never give way to the keeping of the Councell in Italy nor that the Pope and his confederate should be presidents of it That the Pope and his favourits should condemne their doctrine however sound That they would not submit themselves to his tyranny 3 Laurence Surius is yet more â—ull for speaking of that very assembly hee saith The twenty fourth of February all the confederates made answer at large which answere I would here set downe if it were to any purpose They talked much of the Councell which they would have to be free and that Luther forsooth and his companions should have as much power and authority in it if not more as the Pope of Rome although it bee directly against the customes of antiquity And this they said not without many bitter taunts of his Holynesse saying that he had broached and at that present defended a doctrine not only contrary to the word of God but also to the ancient Fathers and Councels And anon after The last of February the Protestants made answer at large to the points proposed by Held but I am loath to set them downe The summe of all that they said is in their answere to the Councell set forth by the Pope For they plead that the authority of judging belongs not only to the Pope the Bishops but also to the Church in which Kings and Princes are comprized They might as well say Hucksters Catchpols Druggists Apothecaries and such like As if it belonged to Lay men to a Cook or a Cowheard to intermeddle with the questions and decrees of the Church 4 Henry the eighth King of England although he was then a Catholique made the like protestation for heark what Surius saith of him About the same time the King of England set out a booke wherein he shewed the little account he made of the Pope of Rome and that he would neither come nor send his Ambassadors to the Councell which the Pope had called and hee ever and anon put in good store of jerkes at St. Peter Considering what we have heard from Surius that which Sleidan relates will not now be suspected 5 Presently after saith he the King of England put forth a book in the name of himselfe and the Lords of the Land wherein he complained that the Pope took upon him to call the Councell a thing not in his power to doe and that he called it then when there was open warre betwixt the Emperour and the French King Besides the City of Mantua where he appointed it should bee is no sure place for all parts nor yet convenient For his part he desired a Christian Councell but hee would not goe to the Popes nor yet send his Ambassadours for their common practice is in such assemblies to oppresse Christ and his truth for their owne advantage Nor hath he any thing to doe with the Bishop of Rome whose Edicts and commandements doe concerne him no more than any other Bishops The custome was to call Councels by the authority of the Emperour and Kings and it were fitting that custome were put â—n ure againe especially in these times when the Pope hath so many vehement accusations laid against him And yet it would cost a man his life if any one shuold be so fool-hardy as to reprove him and accuse him to his face unlesse it were in a lawfull Councell Nor he nor his are secured by safe conduct and say he were there are such apparent dangers as it is not fitting hee should come there for it is no new thing with the Popes to breake promise and to staine and imbrue themselves with the bloud of innocents And however other men may safely go thither yet for his part he cannot and that for reasons wel known for the Pope layes snares for him and hates him mortally putting him out of favour with other Kingâ— as much as he can and this for no other reason but because hee hath caâ—t off his tyranny and withholden his Peter-pence which mads him so and the rather because hee is afraid lest other Kings by his example may ere long doâ— the like At this instant the Councell is prorogued till the first of November without any mention where it shall be
word The execution whereof ensued as rigorous as ever For one Mr. Otho who was sent as Legat upon that occasion did not spare excommunications causing besides certaine great summes of money to be levyed for the defraying of his charges because as he said in this commission hee was not bound to make war at his owne charges Mean while the Legat not forgetting himselfe did not neglect to extort both money and meanes for himselfe for compelling every one to pay him procurations he sent certaine rigorous injunctions to the Bishops and Archdeacons to this effect He afterwards demanded the fifth part of all the goods and spirituall revenues of the Clergy men aliens who had any preferments in England whereof there were then good store and from them hee proceeded to the rest and all to make warre against the Emperour Frederick And whereas divers were marked out for that beyond-sea voyage hee dispatched a pretty commission to his Legat to absolve them of their vow and to exact of them certaine great sums of money All these evils were occasioned mainly by the softnesse of King Henry the third who when it was asked by his subjects Why he would suffer England considering the large priviledges thereof like a Vineyard without a wallâ— to ly open to the prey and desolation of passengers He replyed â— neither will nor dare contradict the Pope in any thing 28 Nor is here an end For about that time saith the same Authour there came into England a new way of exaction most execrable and unheard of in any age For our holy Father the Popeâ— sent a certaine exacter into England Peter Rubeus by name who was instructed to wipe the poore English of an infinite masse of money by a new invented mouse-trap trick For hee came into the Chapters of the Religious cozening and compelling them first to promise and then to pay after the example of other Prelates whom he lyingly affirmed to have payed already For he said Such and such a Bishop such and such an Abbat have already freely contributed why doe you slowbacks delay so long that you may loose your thanks with your courtesie Besides this cheater caused them to sweare not to reveal the manner of this exaction to any till halfe a yeere after like robbers who compell those they rob to promise that they will not speake of it But though men should be silent the very stones out of the Churches would cry out against such rake-hells This fit of the fever descended like an hereditary disease upon his successours Innocent the fourth knew well enough how to husband such a fertile field but so as he made all England cry out of him who brought their complaints as far as the Councell at Lyons in the yeere 1245 then and there demanding for justice and reliefe against these tyrannicall exactions and that even before the Popes nose who was there in person who as the Historians say casting his eyes downe for shame durst not say mum And for the Councell which regarded nothing but the Popes pleasure it was deafe on that eare The same complaint was afterwards put up in a Parliament in England by King Henry himselfe who begun to meane himselfe where these Articles were exhibited amongst others The Kingdome of England is grieved inasmuch as the Lord Pope is not content with the subsidy of Peter pence but doth extort a grievous contribution of the whole Clergy of Englandâ— and intends to extort far greater yet and this he doth without the assent or consent of the King against the ancient customesâ— liberties and lawes of the Kingdome and against the appeall and protestation made by the Proctours of the King and Kingdome in the generall Councell 29 This Parliament used so much respect to the Pope as to content themselves with sending some soothing letters to him thinking to soften his heart with the relation of their miseries but this was all in vaine for the grievance grew daily greater and greater and indeed you may observe a new kind of extortion whereof complaint was made to King Henry There were lately brought certaine letters from the See Apostolique containing no little prejudice against the King and Kingdome to witâ— that the Bishops should maintaine some ten men of war well provided of horse and armour some five some fifteene to send over to the Pope for the service of the Church for the space of one whole yeere to be paid by the Bishops of England and imployed where the Pope should thinke expedient which Knights service is not due save only to the King and Princes of the Realme c. A little after The Pope taking courage to trample under-feet the poor English as the same Historian cals them and in trampling to impoverish them commanded the Bishops of England with more imperiousnesse than was usuall that all the beneficed men in England should contribute unto him to wit such as were resident the third part of their goods and the rest halfe adding withall some very hard conditions He sent to one M. Iohn his Legat that if any Bishop should make dainty of paying the subsidies which he demanded under colour of exemption that he should sesse them deeper Another English Historian speaks thus of this matter By reason of these and such like oppressions there was a great murmuring both amongst the Clergy and people insomuch that whatsoever was contributed was given with imprecations or to speake more properly and not conceall the truth with down-right cursings putting the Pope in minde of their grievances with a complaint proceeding from the bottome of their hearts and setting before him their insupportable oppressions And he afterwards addes these grievances The Church of England is intolerably vexed with infinite charges in the tenth of all their goods in the hastening of reliefes in the money levied for Souldiers in the subsidies divers times exacted by Otho the Legat in the paying of 6000 Marks in the twentieth part of their three yeeres revenues in the subsidie of the Roman Empire in the subsidie granted freely 30 Matthew Paris sets downe an infinite company of other barbarous exactions saying The charges were marvelously increased with a great deal of overplus and flowed day by day from the Court of Rome over the miserable Kingdome of England besides the burthen and unwonted slavery insomuch that the Bishops were debarred from the bestowing of their benefices till they had discharged these exactions and yet the pusillanimity of the King never contradicted it Horrible burthens and unheard of oppressions did spring up daily Wee have thought fit to insert in this booke not all the charges for that would be a very hard thing nay altogether impossible to set downe but onely some few to the end that such as read them may bee sorry for them and pray to God that we may be one day freed from them We should spend too much paper in setting downe all which is
the Cardinals and the Popes minions Guicciardine saith his sister Magdalen had a good share of it and that it was not done in hugger mugger 4 Besides they served themselves of these Croisada's and indulgences to wreake their malice or strengthen their purposes to the disturbance and confusion of all Christendome An English Monke of good credit tels us how Vrban the second had this bad designe when hee caused the conquest of the Holy Land to be undertaken at the Councell of Cleremont In the yeer of grace 1095 saith he Pope Vrban the second who sat in the See Apostolique having passed the Alpes came into France the cause of his comming which was publiquely given out was that being chased out of Rome by the violence of Gilbert hee came to sollicite the Churches on this side the mountaines to assist his Holynesse but his more private end was never given abroad which was that by the advice of Boadmond he might stir up all Europe to make war in Asia to the end that in the generall hurly burly of all Provinces Vrban might with case possesse himselfe of Rome and Boadmond of Illyrium and Macedonia after they had consulted with such as were to assist them 5 Alexander the fourth turned the vow of Ierusalem into a vow of Apulia in the case of Henry the third King of England that is a crosse of devotion into a crosse of revenge The Pope gave his Legats power to absolve the crosse-bearing King of his vow dispensing with him for going to Ierusalem alwayes provided that he should goe into Apulia to make war upon Manfred the son of Frederick late Emperour an arch enemy of the Church of Rome The English authour who relates this story complaines in another place that the tenth was granted for the reliefe of the Holy Land and we are compelled to turne it to the aid of Apulia against the Christians 6 A Croisada for the conquering of the Holy Land being resolved upon at the Councell of Vienna under Clement the fifth Philip the Faire and his three sons as also Edward King of England tooke up the crosse to go thither in person with an infinite number of men besides Then did Pope Clement saith an old French Chronicle grant great indulgences to such as could not goe but on condition that they should finde money for that use So as he that gave a penny was to have one yeers pardon he that gave twelve pence twelve yeers pardon and he that would give as much as would maintaine a man going over seas a plenary pardon for all And the Pope appointed certaine men whom he put in trust for the receiving of this money A man cannot conceive the great summes of money that were given for the purchasing of these pardons for five yeeres together And when five yeeres were gone and past and the good men were ready to goe and performe what they had promised and vowed the businesse was brooke off but the Pope kept the money the Marques his Nephew had a share of it and the King and other who had taken the crosse stayed here at home The Saracens there are in peace and quietnesse and I thinke they may yet sleepe securely 7 The same Pope Leo whom we spoke of before caused in his time the tenth of all Ecclesiasticall revenues to be levied in some places under colour of defending the Christian Common-wealth against the Turk but indeed to put it into his owne purse This was the cause he found such strong opposition in Spaine that it was thâ—re resolved by thâ— Clergy Synodically assembled that they would not pay any thing to it The Arâ—hbishop of Toledo did presently interpose and told the Pope by his Proctour that if his meaning was to make war against the Turk he should declare himselfe openly which done they would imploy the best of their abilities but not otherwise Which the Pope perceiving he disavowed the act of his Legat in Spaine in requiring the tenth because said he he was too hasty and it should not have been levied yet But let us heare the Spanish authour himselfe tell the story Nor did bee use lesse diligence speaking of the Archhishop of Toledo in appeasing the commotions of the Clergy which were then a foot by reason that Pope Leo the tenth by authority of the Lateran Councell required the tenth part of the commodity of their benefices of the Clergy It was demanded under colour of defending the Christian Common-wealth for when it was supposed that Selim Emperour of the Turks having conquered the Sultan of Egypt and put him to an ignominious death would bend his forces against Italy the Pope in the last act of the Lateran Councell treated with the Fathers there to have the tenth of their benefices for three yeers to defend the sea coast and fortifie the passage against the enemy to the utmost of his ability This was denyed him by divers who thought it very hard to see their livings overcharged in that kinde contrary to the decrees of other Councels and the constitutions of the Popes especially seeing Christian Princes to whom the frontiers belonged were not mustering any armies nor made any semblance of war The Pope on the otherside maintained that there was the like necessitie now as at the Councell of Constance under Martin the fifth For what greater cause could there be to move them than the preparations of the publique enemy of Christianity for the invading of Italy and Rome The Clergy of Aragon who were imboldened by the Bishop of Saragossa the Kings Lievetenant there and liberty which all in that Kingdome enjoy at their meetings in provinciall Synods determined to deny the payment of those tenths But forasmuch as it neerly concerned them to take the authority of the Archbishop of Toledo along with them who was in great account with the Pope aswell the Bishop of Saragossa as the other Bishops of Aragon intreated him by letters to undertake the cause of the Clergy and that he would not suffer being such a potent man in the Province as he was wherein he outwent all his Predecessours the immunities of the Clergy to bee so farre prejudiced Ximenius who had taken order that it should not be put in execution in Castile answered them courteously and with all mildnesse promising them that he would doe whatsoever lay in his power for the preservation of their Ecclesiasticall liberty But in the mean time he advised them to dissolve their assembly and expect in patience what would be the event of things that he would treat with the Pope and the Emperour Charles hereabout and that he hoped the issue would be to their content Whereupon he thought fit in the first place to acquaint the Emperour to whom he writ his advice to this effect That seeing the Clergy of Aragon had begunne to oppose by calling of Synods that ours may have the like assemblies to examine the grounds of these exactions and try whether that
defeated and stopped by Apostolicall letters and rescripts The German Nation framed likewise a complaint concerning this point and presented it to the Emperour Maximilian The causes say they that might be determined in Germany where there are both just and learned Iudges are removed to the Court of Rome withouâ— any distinction 10 The Popes have likewise gone about to usurpe the Lay jurisdiction and to draw unto them all sorts of Lay men even in profane maâ—ters whereof the States of Germany made a grievous complaint also which we will here insert Seeing that not only the grounds of equity but also the ordeâ— of things doth require that the bounds of jurisdictions be distinct and limitedâ— and that every Ordinary content himselfe with his owne bounds without entrenching one upon another in the exercise of their jurisdiction yet the Popes heretofore never considered this equity but sleighting it have oftentimes cited Laymen to Rome and made them appeare in judgement before them and that evâ—n in causes profane as cases of inheritance or morgages and those of the first rank Which thing tends to the losse dammage and mispâ—ision not onely of those that are summoned but also of the states of the Roman Empire and to the disgrace and infringing of its jurisdiction Item when any man offers to affirme upon oath at Rome that he doth not expect that he can obtain justice of his competent Iudge in Germany he is forthwith admitted to take that oath and letters are granted to him to set his adversary a day and so the suit is removed from Germany to Rome without ever any request made to the Iudge or notice given to the party Whereupon under pretence of this oath neither the reasons of not proceeding nor any other proofes are admitted although it may bee plainly convinced that the adverse party is perjured Which thing if it take any deep root and be not remedied in the beginning all causes in fine will bee devolved to the tribunall of the Court of Rome and all Ordinaries deprived of their jurisdiction which would be both unjust and untolerable 11 Wee will here set down by way of commentarie on these Articles the severall usurpations which the Popes have made upon Lay men in point of justice and jurisdiction The Glossatour upon the Canon Law freely confesseth That the Pope doth daily give out writs to Clergy-men against Layiques in all causes whatsoever and by this meanes getteth the jurisdiction of the other The Parliament of Paris urgeth this usurpation in their Remonstrances to Lewes the eleventh Item the Clergy would not only be molested by citations from the Court of Rome but the Seculars would be like the Barbour before S. Dennis of the Charter who lost his son in the Court of Rome by the Pestilence and the Father was afterwards summoned into the Court for his sonnes debts as also M. Iohn d' Argonges the Kings Advocate One of our old Lawyers toucheth this very usurpation Observe saith he speaking of the exception in case of excommunication that this was invented by the Pope for another reason to wit that his power might be therein enlarged as well in the Civill Court as the Ecclesiasticall which ought rather to be restrained than augmented inasmuch as the psalterie doth not agree well with the Iettren 12 Other Prelates have done the like after the example of their Head witnesse the complaint of M. Peter de Cugueres against the Clergy of France Although the cognizance of Lay men belong to the Secular Iudge excepting in spirituall cases yet the Bishops Officials cause them to be summoned before them upon the demand of the parties and if the said Lay men decline the jurisdiction of those Officials or those Lords whose subjects they are require that they may be dismissed as being their temporall Lords and Iudges the said Officials refuse to do it and compell the parties by excommunications to proceed before them Hee quoteth many other cases in divers Articles which the reader may see in the Authour CHAP. VIII Of Ecclesiasticall informations and of the Popes Commissaries and Legates 1 THe chiefe meanes whereof the Popes have served themselves against Laymen to get the jurisdiction over them even Kings and Princes have beene Ecclesiasticall denuntiations for upon complaint and information made unto them against a Layman they would cause him to be summoned before them namely then when there was any oath in the businesse or any sinne might follow upon it which commonly fell out in all causes And suppose all this failed the Plaintife needed but sweare that hee looked for no justice from the Lay Iudge as the articles of the States of Germany have it 2 Wee have a pretty example in Philip Augustus King of France who having some difference with King Iohn of England surnamed Lacke-land concerning the Dukedome of Guyen and Earledome of Poictiers which Philip supposed to belong to him because homage was not done for them and concerning the Dukedome of Brittaine which was confiscated unto him by the murther of Arthur King Iohns Nephew whom he had killed hee was summoned to Rome by Innocent the third upon the information made by Iohn supposing that the Pope ought to have the determining of their controversie by reason of an oath upon the setling of the lands formerly made betweene the two Kings and the violation thereof concerning which hee writ at large to the Bishops of France that they would approve of his proceeâ—ings which was so well liked by his successors that they canoniz'd his Decretall which neverthelesse hath beene disliked by some Devines And for the Canonists some of them have said that the Protestation which he makes at the beginning of it contradicts the Act it selfe in as much as he declareth that hee will not meddle with the jurisdiction of the Kings of France which neverthelesse hee did for the feudall differences being determined by the Peeres of France betwixt Philip the Lord and Iohn the Vassall yet the Pope would have his Legats to have the cognizance of them for heark how he speakâ— That Philip would patiently suffer the Abbat of Casemar and the Archbishop of Bourges to have the full hearing whether the complaint put up against him be just or his exception legall The observations of learned Cujacius up 〈◊〉 that Chapter are remarkable He protesteth saith he doing one thing anâ—â—etending another not to intermeddle nor usurpe the cognizance of the fieffs beloâ—ging to the King which he knoweth to appertaine to the King and the Peeres of France but onely to have the cognizance of the perjury And he afterwards addes All this he wrote to appease the Prelates of France and beare them in hand that he proceeded justly against their King and put all his Kingdome in an interdict upon this occasion yet for all that he gained nothing by it 3 In the time of Saint Lewes a great complaint was made against Innocent the fourth
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
and dignity and substitute another worthy of itâ— by the authority Apostolique The King of France having such a wiâ—â—ed occasion offered made ready for warreâ— and mustered up an army But in the meane time behold the fraud while the comming of the King of France was expected by sea Pandulphus the Popes Legate comming out of France goes to King Iohn tels him what eminent danger hee is in shewes him how hee is utterly undone unlesse hee shadow himselfe under the Popes wings The King having learned from him how this protection might be sweares upon the holy Evangelists in the presence of the same Pandulphus that hee will submit unto the judgement of the Church Which judgement of the Church was that this poore King should be a vassall a slave and tributary to the Church of Rome Heare the words of the same Authour ensuing immediatly afterâ— Then hee resigned the Crowne of England to Pope Innocent and did homage unto him bringing a most free countrey into bondage to be made King of his owne Dominions and that with a tribute having framed an instrument hereof to be pitied and abhorred of all those that understand it 9 Hee that would read the Conveyance may finde it at large in the Histories of Matthew Paris and Matthew Westminster wee will here relate so much of it as shall serve our turne Wee offer and give unto Godâ— and to his blessed Apostles Peter and Paul to our mother the holy Church of Rome to Pope Innocent the third and his successours all the right of Patronage which we gave to the Church of England together with the whole Realmes of England and Ireland and all their rights and appurtenances for the remission of our sinnes and the sinnes of our progenitors as well alive as dead and receiving at this present from God and the Church of Rome all the premisses as a vassall and feudatary for which we doe liege homage and promise fealty to Pope Innocent and his Catholique successours And afterwards And in witnesse of this our gift and grant we will and decree that the Church of Româ— receive yeerly a thousand Markes â—â—erling of the proper revenues of our said Kingdomes besides the Peter-pence 10 After this that honest Iohn Lack-land was absolved from â—is excommunication And my Lord Legat began earnestly to advise the King of France to desist from his enterprise who was now in readinesse to passe over into England with great forces So Matthew Paris Another relates it thus The King of France being cozened by the many talks and faire words of the Popes Nuncio's seeing King Iohn sheltered under the shield of the Court of Româ— gave over his enterprise after he had spent fourty thousand pounds upon it receiving thereby a great deale of shame Thou wrongs him Englishman it is the sanctity of Româ— which should have blusht at it rather 11 This history with divers others of this kinde which wee could urge prove that to be true which Marsilius of Padua witnesseth The Bishops of Rome saith he having thus broken the ice they first excommunicated some under pretence of labouring for peace and unity amongst the faithfull people of Christ whereas it is indeed because they refused to stand to their judgement Afterwards passing sentence against them both reall and personall and very roughly against some namely such as are of least abilities to resist their power such are particular persons and common-wealths in Italy more mildly against others as Kings and Princes whose assistance and coactive power they are afraid of on whom notwithstanding they incroach by little and little and they endeavoured ordinarily to doe it by usurping upon their jurisdictions having the boldnesse to throw at all at onceâ— by reason whereof their close prevarication hath hithertowardâ— kept secret forasmuch as concernes the Emperours of Rome and their subjects yet so as that now they say they have all the coactive temporall jurisdiction 12 The Emperour Frederick the second being excommunicated by Gregory the ninth could not make his peace with him without a great summe of mony He obtained it not saith Platina till he had given twenty hundred thousand ounces of gold to the Church of Rome for the damages which hee and put it to and till he went in the habit of a supplicant as farre as Anagusie to the Pope About the yeere 1338. 13 Lewes King of Hungary was compelled to buy Campania at a deare rate of Clement the sixth which belonged to him as heire to his brother Andrew About this time saith Aventine the King of Hungarie's Oratours stucke fast in the same mire at Avignon Lewes King of Hungary that he might not bee excluded from his brothers kingdome bought Campania the inheritance of his brother Andrew which was set to saile by the Pope and gave him two millions eight hundred and sixty thousand crownes for it 14 Now these great treasures which they rake up together are partly for themselves partly for their children nephewes and other kinsfolkes which are oftentimes seene to be both beggars and Princes on one day For the first thing they doe after they are setled is to preferre and ennoble their kindred and divide amongst them not any pettie summes of money but whole Earledomes Dukedomes and Principalities to make them Generals of Armies and such like things so as all the pompe and magnificence is for them 15 This was in fashion in Marsilius de Paduaes age who lived about 336 yeeres agoe for speaking of the Popes he saith They either bestow when they are alive or bequeath when they are like to dye as great summes of money as they can not upon the poore but upon such as are linckt with them in affinity or otherwise however they bee robbing the poore of them The author of the Vergers dreame makes the Knight speake thus Ye never consider the goods of holy Church which your children your nephewes your parents and sometimes other lewd persons catch away 16 Rodericke Bishop of Zamore in Spaine and Constable of the Castle of St. Angelo in his Booke entitled The mirrour of mans life dedicated by him to Pope Paul the second about the yeere 1488. amongst other cares and inconveniences of the Popedome reckons this for one First saith hee domesticke care is an hindrance and besides that most unjust greedinesse and as I may so say most enraged madnesse of preferring their parents of perpetuating their family their kindred and the whole generation of such as are descended of their blood for some Popes would not have one onely but many great families and noble houses owe their originall to them and have honourable principalities springing from them 17 These are they of whom those words in the ordinance of Lewes the 11 made the 16 of August 1478 ought to bee understood It is a strange thing saith he that the unjust exactions of the Court of Rome should bee suffered such are their expectative Bulls
by the judgement of God by reason of the sinnes committed by the Emperours the consciences of Princes and people binding them to make resistance against them 5 The Clergy of Liege in their Apology against Paschal the 2 who had commanded Robert Earle of Flanders to make warre upon them and had excommunicated them because they would not abandon the Emperour Henry the 4 How comes this to passe say they that Pope Paschall not content with the spirituall sword alone sends his Champion Robert to spoile the lands and inheritances of the Church which if they must needs be destroyed ought to bee so by the Edict of Kings and Emperours who beare not the sword in vaine 6 S Bernard exclaimes mightily against the Popes dominion and gives good advice to Eugenius the 3 about this particular where he tells him amongst â—ther things You were made superiour to others for what I pray not to domineere I trow Wee therefore having a conceit good enough of our selves doe not yet remember that any commanding power was given unto us but that a ministery was laid upon us You must consider that to doe the worke of a Prophet you stand in steed of a weeding hooke not of a Scepter Hee saith in another place This is plaine that dominion is prohibited by the Apostles goe you then I pray you and if you dare usurpe either the Apostleship as rulers or the power of ruling as the Apostles The one of the two is forbidden you if you will needs doe both you loose both Doe not thinke that you are exempted out of the number of those against whom God makes this complaint They have reigned but not by me c. Hee hath more concerning this point but this shall content us 7 Venericus Wercellensis in his book of the unity of the Church saith That the sacerdotall judgement hath no more but the spirituall sword which is the word of God And speaking of Hildebrand that is of Gregory 7 But Hildebrand saith he and his Bishops have doubtlesse challenged to themselves the very top of regall Authority yea they have usurped the function of both jurisdictions insomuch that the Kingdome is fully in their power or where they are pleased to bestow it being growne more perverse by reason of this great prideâ— so that they can neither looke to the one nor the other neither the Priestdome nor the Kingdome considering that no one man is sufficient to discharge either of the two they being such weighty imployments But however hee is neither Christian nor Catholique that contradicts the Gospel and despiseth the doctrine of the Apostles which saith Give to Cesar the things that be Cesars and to God the things that are Gods He that serveth God meddleth not with the things of the world Feare God honour the King Be subject to every humane creature for Gods sake c. He urgeth many other reasons and places out of Scripture which to set downe might be troublesome 8 A German Abbat who writ about 1â—50 speaking of the excommunication of the Emperour Frederick the 2 whom Pope Honorius had also deposed from the Empire This sentence saith hee being noised abroad into the world some Princes and divers others tooke it ill saying that it concerned not the Pope to set up or pull downe the Emperour but only to crowne him after he is elected by the Princes 9 An English Historian makes an observation herereupon which may much import all Princes One thing saith he vexed all the Princes and Prelats weighing the future dangers by the foresight of their understanding that was that however Frederick had sufficiently deserved to be deposed and deprived of all honour yet if the Popes authority by Gods permission deposed him so as he could not relieve himselfe the Church of Rome abusing the grace of God would grow hereafter to such an intolerable height and pride that she would depose Catholique Princes though just and innocent yea and Prelats also upon sleight occasionsâ— or would cause them to be deposed and disgraced and speaking haughtily and boasting themselves however descended from low degree they would say Wee have trode under foot the great Emperour Frederick and who art thou that thinkest to withstand us 10 The Pope having excommunicated King Iohn of England and put his Kingdome in an interdict compelled him to become a vassale and tributary to the See of Rome Whereupon Philip Augustus King of France gave him to understand that it was an unjust thing and more than he could doe wherein he was seconded by the great Lords of France as we have said in the beginning of the first Booke 11 In the reigne of S. Lewis ann 1247 what time as it is probable hee was gone in the Holy warres the Nobles of France finding themselves vexed and troubled by Pope Innocent the 4 made a League and set forth a declaration against him where they say amongst other things That the Clergy pointing at the Pope swallow up and frustratâ— the jurisdiction of Secular Princes so as by their lawes the children of slaves passe judgement upon free men and their children Whereas by the Secular lawes of our Kings and Princes they ought rather to be judged by us 12 The yeere 1244 the Prince of Northwales being a vassaile of the King of England put himselfe and his Princedome into the protection of the same Innocent who received him by the mediation of a certaine summe of money promising him to shake off his royall yoke Thâ—se things saith an English Monke being come to the knowledge of the King the Lords of the Land and other Princes aliens they were much displeased at him and abhorring the covetousnesse of Rome they perswaded the King of England to put it to a battell to curbe the upstart insolence of such an ungratefull person The same Pope Innocent the 4 after the death of Câ—â—rade King of Sicily and Apulia seized almost all the Kingdome into his hand and entred upon it with an army Which the chiefe of the Countrey perceiving saith the same authour they were vexed at it and setting upon Memfred bastard son to the Emperour Frederick they adhered unto him and did him hâ—mâ—ge 13 Philip the Faire being excommunicated by Boniface who pretended to be Lord Regent of France was so borne out by his subjects that when hee demanded their adviceâ— how he should demeane himself and whether he should put up that wrong they made answere uâ—to him commending his good intention That they were ready not onely to spend their goods which they there wholly offerd unto him for that end but also to expose their persons even to death for him not refusing any torments Adding further and that more plainely by word of mouth That if the King which God forbid would suffer it or connive at it yet for their parts they would never endure it Which and such like words as may bee read in some other passages
presided there 3 We read in an old French Historian that Rhabanus Archbishop of Mentz presided in two severall Councels holden in that Citie by the command of Lewes the Gentle But the same authour tels us plainely that it was the same Emperours pleasure and in his absence seeing that in the Acts of those Councels at least of the first for the rest wee have not the same Rhabanus and all the Synod speake continually of the Emperour with a great deal of humility even referring all to his judgement But heark what the forecited author saith of it Orgarius Bishop of Mentz dyed in the yeer 847 and Rhabanus succeeded in his place who by command from King Lewes held a Synod at Mentz the same yeere The title of that Synod imports that Rhabanus presided in it whence it follows that it was by virtue of the Emperours command The same author saith In the yeer 852 there was a Councell holden at Mentz the Metropolitan Citie of Germany by the will and command of the said most renowned Prince Rhabanus Archbishop of that Citie being President of it A litle after he addes further that at the same time while they treated of Ecclesiasticall matters the King was imployed in publique affaires and that they sent their Decrees unto him to bee confirmed a certaine testimony that the presidence was conferr'd upon Rhabanus by the Prince 4 King Charles the Bald was present at the Councell â—olden at Piâ—tis upon Sein in the yeer 863. Hee is named first the Decrees are conceived in his name whence it follows that hee presided there Wee may make the like inference of all those other Councels which run in the name of our Kings or to speake more properly where our Kings speak and decree such things as are proposed with the advice of the Clergy of which kind we find good store for without doubt either they themselves presided in them or others for them 5 King Arnold after he had called the Councell of Triburâ— in the yeer 895. presided there himselfe as may be collected from that epistle which contâ—ines the Preface which is likewise avouched in plaine termes at the end In this holy Councell the devout Prince and most renowned King Arnold being President and imploying himself about it the holy fathers and Reverend Pastors of the Church which came thither were all seated 6 Philip Augustus call'd a Councel at Paris ann 1â—84 at which he presided as is collected from the words of the author who speaks thus of it He commanded a Generall Councell to bee called at Paris of all the Archbishops Bishops and Princes of his Realme which he having kept with them by common advice by his authority royall hee enjoyned the Archbishops Bishops and all the rest of the Ecclesiasticall Prelats by their frequent Sermons and exhortations to perswade the people committed to their charge to goe to Ierusalem to defend the Christian faith against the enemies of the crosse of Christ. 7 When King Lewes the father of St. Lewes reigned in France saith Iohn le Maire and Gregory sixâ— Romanus the said Popes Legat came into France by the will of the King there was a Councell of the Gallicane Church assembled whereat the King and the said Legat did preside 8 In the yeer 1286 there was a Councell holden consisting of all the Prelates and Barons of France Against Pope Boniface the eighth where King Philip was present in person and presided at it reckoning up all the outrages and injuries which hee had received from that Pope Boniface saith the same authour 9 The Ordinance of Charles the sixt in the yeer 1408 makes mention of certaine Presidents by him established at a Councell holden at Paris Not long agoe saith hee it was proposed and demanded by our Atturney Generall at a Councell holden at Paris consisting of the Bishops and Clergy of the Churches within our Kingdome and Dauphiny where our cousen Lewes King of Sicily our eldest sonne Duke of Aquitain and Viennois the Duke of Bourges our unkle by the fathers side the Duke of Burgundy our cousen and the Duke of Bourbon our unkle by the mothers side did preside for us that the Popes exactions and other grievances formerly rehearsed might be utterly abolished 10 King Lewes the eleventh caused a Councell Of the Gallicane Church and all the Vniversites to bee assembled in the Citie of Orleans to bee more fully informed in the businesse of the Pragmatique Sanction at which Peter Duke of Bourbon Lord of Beavieu presided in steed of the King 11 There are Presidents in store for England too William the first presided in a Councell holden at Roan in the yeer 1073. It was judged saith an English authour at a Councell holden in that Citie where William King of England was President that the Monkes which were guilty of the cryme should bee kept in close prison during the Bishops pleasure The same King presided also at another holden before that at Silchester in the yeere 1070 whereof we have spoken elsewhere In the year 1102 or as others have it 1070 Anselm Archbishop of Canterbury called a Generall Councell of the Churches of England to London and presided at it but it was with the consent and good will of Henry the first where some Ecclesiasticall affaires of great importance were treated of 12 Wee could also produce some examples for Spaine for hee that shall read the Councels holden in that Countrey â—ill easily acknowledge that the Kings had all the authoritie in them whensoever they were pleased to use it 13 All the discourse which wee have made upon this point is in a manner superfluous for having proved by so many examples that Kings and Princes called Councels it follows that they had also authority to preside in them which yet they did not alwayes use being for the most part more apt to weild the sword than to manage an Ecclesiasticall action to give their opinions or cause others to opine in spiritual matters to pronounce the sentence of judgement and such like For this reason ofttimes they left all to the Clergy without intermedling themselves but when they were pleased to interpose they were so farre from being censured for taking too much upon them that on the contrary they were highly extoll'd and commended for it And what was spoken to the Emperour by an Archbishop of Bulgaria is applyable to all Princes within their owne Realmes and Dominions The Emperour saith hee as the common-skilfull Monarch of the Churches is President of the Decrees of Councels and makes them bee in force he ordaineth Ecclesiasticall orders hee sets lawes to the life and policy of those that serve at the Altar c. CHAP. XIV Of the approbation and authorisation of Councels 1 IT remaines now that we speak of the authorising of Councels which the Popes in their books arrogate unto themselves exclusively to all others which is also
Paschal tell how they had read that Pope Gregory the seventh commanded the Marchionesse Maud that as shee would have her sinnes remitted she should make warre against and destroy the Emperour Henry the fourth But wee doe not conceive by what authority either he or others could doe it justly And afterwards addressing their speech to Paschal O holy mother Church of Rome hitherto thou observest the fashion and custome of binding and loosing discreetly and commandest us so to observe it Whence is then this new authority whereby impunity of sinnes alreadie committed and liberty of committing for the time to come is offered to delinquents without confession and penance What a gappe hast thou hereby set open to the wickednesse of men O mother God deliver thee from all evill 4 The story which is related by an English Monke is very remarkable About the same time saith he to wit the year 1258 there came into England a certaine Fryar of the Order of the Minorites called Mansuetus sent by the Pope at the instance of the King who trode in the steps of Mr. Herlot being instructed with a great power insomuch that changing their vowes he absolved all the Royalists as they called them at his pleasure or justified excommunicate falsifiers and perjur'd persons Whereupon divers delinquents tooke occasion to offend for the facility of pardon gives occasion to sinne but wise men made a mocke of it It is a meanes to induce any man to abandon himself to all kinde of vice and lewdnesse to bee assured that all the sinnes which hee can commit shall bee forgiven him 5 Wee will here set downe some passages out of a Bull which came to our hands containing the summary of many others granted by Pope Paul the third who called the Councell of Trent in the year 1539 to the brethren of the Fraternity of the Sacrament of the altar printed at Chartres by Philip Hotot the year 1550 at the request of the Protectours Proctours and brethren of that Fraternity Loe here the very words Giving and granting furthermore to the said faithfull Christians which shall enter into the said Fraternity of the blessed Sacrament of the body of IESVS CHRIST upon the day of their entrance full pardon of all their sinnes they being first confessed and the said sacrament of the altar devoutly received Besides three times in their life a like plenary pardon in manner and forme of a Iubily Furthermore unto the said brethren such as shall accompany the said blessed Sacrament when it is administred to sick folks or to such as by reason of their impediments cannot doe it and shall cause it to bee so accompanied as is above expressed and shall assist at Processions and divine service such as shall bee done and solemnized by the said brethren as above said an hundred years of true pardon for every time they shall so assist And those that shall visite the said Church every Friday in the year ten years of true pardon and as many quarentains saying a Pater noster and an Ave â—ary every Friday Behold yet another Article which goes further as wee shall understand by the commentary As also power to use and enjoy all and every the priviledges indults exemptions liberties immunities plenary pardon of sinnes and other spirituall graces given and granted to the brother-hood of the image of St. Saviour ad Sancta Sanctorum of the charity and great hospitall of St. Iames in Augusta of St. Iohn Baptist St. Cosmus and Damianus Of the Florentine nation of our hospitall of the Holy Ghost in Saxia Of the Order of St. Austin and St. Champâ— Of the fraternities of the said citie Of the Churches of our Lady De Populo de verboâ— together with all the gifts graces pardons and indulgences granted by our predecessours to those which visit the said Churches or to be granted by our successours to have and enjoy for ever 6 In the sequell of that Bull are set downe the indulgences granted to the Churches brother-hoodsâ— and Hospitals mentioned in the former Article with the names of the Popes that granted them amongst whom are named Sixtus Gregory Innocent Celestine Clement the fift Boniface the eighth Innocent and Sixtus the fourth But wee may doe better to transcribe the whole for it may bee there is now a scarcity of copies The Statutes and Ordinances of the worshipfull Fraternity of the most blessed body of our Lord Iesus Christ newly founded and erected in the Church of St. Hilary of Chartres together with a summary of the pardons and indulgences given and granted by our holy Fathers the Popes and by our holy Father Pope Paul the third of that name confirmed to the said Fraternity and all others of like denomination as well at Rome as out of Rome erected or to bee erected Which Statutes and Ordinances by virtue of the taking out of those Buls made thereupon by authoritie of Pope Iulius the third of that name now reigning given at Rome the sixt day of May in the year one thousand five hundred and fiftie shall bee observed and kept in manner and forme fâ—llowing The pardons Indulgences Iubily and plenary remissions granted to such as visit the altar where the blessed Sacrament and precious body of Iesus Christ is placed in the said Church of St. Hilary upon the daies in the yeare and according to the manner and forme hereafter declared and expressed to the end that every Christian desirous of his salvation may purchase and come by them 7 And first the declaration of the Indulgences given and granted to the brethren of the said Fraternitie found in the Church of St. Hilary of Chartres verified approved and confirmed for ever but made valid by our holy father Pope Iulius the third of that name now reigning 8 The Indulgences granted to the Hospitall of St. Iames in Augusta 9 The Indulgences granted to the Church of St. Iohn of Florence and to the company and society of the said nation and of St. Cosinas and Damianus of Rome 10 The Indulgences granted to the societie of the holy Camp of Rome 11 The Indulgences granted to the brethren and sisters of St. Saviour ad Sancta Sanctorum 12 The Indulgences granted to the companie of the Charitie of Rome 13 The Indulgences of the great Hospitall of the Holy Ghost in Saxia of the Order of St. Austin of Rome 14 The Indulgences of our Lady de Populo of Rome The catalogue and declaration of the Indulgences aforesaid with the names of the Popes that granted them and the dayes upon which they may be had 15 First our holy Father Pope Leo hath granted to all and every one of the said brethren which shall be present at Processions and other divine service celebrated upon Corpus Christi day remission of all their sinnes provided they bee confessed and penitent or have a full resolution to confesse themselves at the times appointed by our holy mother the Church Plenary pardon to those of
are forbidden to grant Bishopriques after Canonicall election For wee read that some Popes of good fame have become intercessours to Kings for those who had been elected unto Churches to get them to give them the Bishopriques and that others have deferred the consecration because they had not yet received the Princes consent I would have set downe the examples hereof were it not that I desire to avoid prolixitie in my letter So Pope Vrban as we understand excludes Kings only from the corporall investiture but not from the election for asmuch as they are heads of the people or of the grant although the eight Synod forbids them onely to assist at the election but not at the deliverie which whether it bee done by the hand or by seale or by word of mouth or by the rod what matters it Seeing Kings doe not pretend to conferre any thing that is spirituall in it but only to consent unto the will of those that require them or to grant unto them Ecclesiasticall possessions and other externall goods which Churches hold by the liberalitie of Kings As for the Sacrament of which he hath spoken now twice there was no question of that seeing that by former Councels the investiture was granted to Emperors and the consecration to Bishops 24 What can be alleadged more in defence of these later Councels If any man will say that the Emperour Henry was justly deprived of this right because he had violated the holy See and had put Pope Paschal in prison Wee will give two or three very pat answers to this objection One that hee did no more but repell the injury which was done unto himselfe For even in the Church and while he received the Eucharist from the Popes hands hee was like to have beene traiterously killed Heare what the German Chronicles say of it While the Emperour received the Sacrament from the Popes hands behold one of the principall of the Clergy who was offended with that purpose which the Emperour had put on that he would maintaine the constitutions of his Predecessors stirred up a sedition and tumult in the temple beat off the guard of the Emperours body and went about to seaze upon him who with much adoe saved himselfe repelling the force with his owne hands And speaking of the same Emperour hee afterwards addes Hee got him presently into the Citie killed a great multitude of citizens and Clergy-men tooke the Pope prisoner Elsewhere the Pope and Emperour were very good friends by meanes of the agreement made betwixt them of which wee have spoken already yea in such sort that the Pope sealed it by delivering the body of Christ unto the Emperour By giving unto him saith Sigebert the body and bloud of our Lord Iesus Christ in the celebration of the masse Wee give you this body said hee O Emperour in confirmation of the true peace betwixt me you And for a third answer his personal and particular fault could not prejudice the Empire and his Successours But we have said enough of this point It only remaines that some that can well manage it enter upon this inheritance There will want no right if hee want no forces CHAP. X. Of elections nominations and Investitures belonging to other Kings and Princes 1 WE come now to other Princedomes reserving France to bee spoken of in the last place The twelfth Councel of Toledo grants election of Bishops to the King of Spaine which our Popes have registred in their books It was decreed by all the Bishops of Spaine and Gallicia that without any prejudice to the priviledges of every particular Province it shall be lawful hereafter for the Bishop of Toledo to receive and consecrate all such Bishops as the Royall power shall elect and that every such Bishop shall bee approved by his judgement Which as Lancelot Conrad witnesseth is observed and kept even at this day 2 As for the Kings of England though they have often quarrelled with the Popes and the Clergy of the Kingdome about this point yet so it is that from age to age we alwaies finde them possessed of this right For to goe no higher about the yeare one thousand King Etheldred created one Robert Aâ—chbiâ—shop of London and one Edmund Bishop of Luiddifarne otherwise called Holyland at the entreaty of the Monks of that Bishoprique King Edward made one Robert first Bishop of London c. and afterwards Archbishop of Canterbury whose successour he made one William He gave also the Bishoprique of Shyrburne to one Herman In the year one thousand one hundundred seventie King William the first of that name bestowed the Archbishoprique of Yorke upon a Canon called Thomas In the yeare one thousand seventie eight hee bestowed three Bishopriques upon three of his Chaplaines and many others upon divers Ecclesiastiques 3 In the year one thousand ninety two King William the second bestowed the Bishoprique of Lincolne upon Robert Blunt his Chancelour he bestowed also that of Worcester upon a Canon called Sampson One of the two bestowed also the Bishoprique of Silchester upon Lanfranke 4 The yeare one thousand one hundred and one King Henrie the first bestowed the Bishoprique of Hereford upon Kemelin and gave him the investiture of it The same King gave the bishoprique of Winchester to a Canon called Thuilphus and afterwards to the Chaplaine of Queene Adalida 5 The yeare one thousand one hundred and two Anselme Archbishop of Canterburie would have made the Councell of Lateran to bee received in England holden against Henrie the fifth about the point of Investitures And in obedience thereto he made a difficultie of consecrating certaine Bishops who had beene invested by Henrie the first who was much incensed against him upon that occasion And forasmuch saith Matthew Westminster as hee would not consecrate certaine Bishops who had been instituted by the King obeying his pleasure nor so much as communicate with them the King was thereupon moved with choler against him 6 The yeare one thousand one hundred and seven there was a Councell holden at London where it was ordained That from thence forward no man should be invested in England by the King or any other Lay man into any Bishoprique or Abbey by the donation of the Pastorall staffe or ring alwayes reserving the homage due to the King But Henrie the first did not forbeare to use his right for all that which this Councell could not take from him And indeed in the yeare one thousand one hundred and nine he erected the Abbey of Ely into an Episcopall See and caused one Herveus to be ordained over it and having assembled divers Bishops at London in the same yeare hee made them consecrate one Thomas who had beene chosen Bishop of Yorke In the yeare one thousand one hundred and thirteen The same King Henry bestowed the Archbishoprique of Canterburie upon Richard Bishop of London and invested him in it by giving him the crosier
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
him King William the first of England in the beginning of his reigne which was about the yeare 1070 knowing this very well deposed some part of the Bishops and Abbats from their dignities and Prelacies and put others in their places whose fidelitie was known unto him 34 Another Monke and English Historian saith the Popes upon this occasion invented another way to oblige such Prelats unto them as held their dignities from Kings and Princes Which was by making them renounce them and resigne them into their hands as faultie and nullities and taking them with one hand they gave them againe with the other Ivo toucheth upon this tricke in his epistles For amongst other reasons to prove that investiture is no heresie hee puts this If Investiture were an heresie hee that renounceth it could not be restor'd without blemish to himselfe Now wee see many honest men both in Germany and Franceâ— give up their Pastorall staffes to wash away that staine by some shew of satisfaction and resume those Investitures which they had renounced from the Apostolique hand So did Thomas the Archbishop of Canterburie who put Henry the second King of England to so much trouble For being at the Councel of Tours Hee secretlie resigned that Archbishoprique into the Popes hands which he had received from the Kings hand and it was afterwards restor'd him againe at the same instant from the Popes hand It was Alexander the third who held this Councell at Tours in the year 1163. A REVIEW OF THE COVNCELL OF TRENT BOOKE VI. CHAP. I. Of things attributed to the Pope by this Councell in matter of justice And first of criminall causes of Bishops 1 WEE will treat in this Booke of Iustice and Iurisdiction and wil make it clearly appear that this Councel hath as far as it was able robb'd Kings Princes and other Clergie men of them to bestow them upon the Pope It is a most true Maxime that all Iurisdictions do spring from secular Princes that the source and fountaine of them is hereditarie to them whence the rivulets are derived upon their officers and upon Ecclesiasticall persons and others whom they thinke good Clergie men from the greatest to the least have no coactive jurisdictions but such as spring from thence Kings and Emperours have parted with it and have honoured them with it but in such sort as some of them both did and doe abuse it daily They are come so farre as to contest with their officers to attempt against them to make laws for extending the traine of their robes further yea even to subdue unto themselves those from whom they received that power and by a most unsufferable ingratitude to declare and pretend them subject to their jurisdiction All this is proved by us elsewhere Wee will onely say here that this Councell â—â—â—h gone about as it were to lay at the Popes feet all the spoiles and conquests which all other Bishops have got from those victories obtained by them â—t divers times over the temporall Iurisdiction and over those to whom it belongs and to paire also that which is left unto them making it almonst unserviceable and invalid at least for as much as concernes the Pope and his Clergie whom it totally exempts from their Iurisdiction 2 We shall make it appeare plainly that this Councell hath dealt very liberally with the Pope in this respect and that it hath strain'd it selfe to confirme his usurpations yea even to augment them without sparing any thing First of all it attributes to the Pope the cognizance and judgement of all criminall causes of Bishops except pettie ones That the Pope onely have the cognizance and decision of all criminall causes which are more hainoâ—s objected against Bishops and even of heresie which God forbid But if the cause be such as it must necessarily be tried out of the Court of Rome let it not bee committed to any persons excepting such Metropolitans or Bishops as the Pope shall chuse That this commission be in speciall and sealed with the Popes hand and that hee never give them any greater power but onely to receive the bare instruction for matter of fact and to make the processe which they shall forthwith send to the Pope the definitive sentence being alwayes reserv'd unto the Pope 3 In another decree it is ordained That the causes of Bishops when by reason of the quality of the crime which is objected unto them they ought to make appearance be brought before our holy Father the Pope and be determined by him It is also decreed against Bishops that keepe concubines That if they doe not abstaine from that crime after they have beene admonished by the Provinciall Councell they shall bee complained of to the Pope by the same Councell who shall punish them according to the quality of their offence even by deprivation if need require So that a Provinciall Councell hath no power to condemne a Bishop for criminall matters save onely for Peccadillo's such as we may say for playing at ball for getting up late in a morning and such like things 4 Now wee say on the contrarie that the cognizance of such crimes belongs to Emperors and Kings That they themselves ofttimes have proceeded to judgement That they have assembled Councels for that end and have assisted and presided there That sometimes they have committed the same judgement to the said Councels or their Iudges That Popes themselves have become petitioners unto them yea plaintives before them and which is more have themselves beene judged by them 5 The Bishops of the Nicenâ— Councel acknowledge Constantine for their Iudge when they presented their Libels unto him wherein they accused one another hee blush'd at that in their behalfe and would have covered their shame by suppressing such Investitures using this honest shiâ—t to them that they could not be judged by any man In which the Pope alone tooke him at his word although hee were absent and hath made good use of it afterwards Now that Constantine said this by way of complement and to suppresse those dishonorable quarrels appears from hence that upon other occasions hee either tooke the judgement upon himselfe in the causes of Bishops or committed it to his Officers Hee made the Bishops of the Synod of Tyre to come unto him to render a reason of their â—act in the condemnation of Athanasius And after hee had heard them confirmed their sentence being moved so to doe by the testimony of false witnesses which were subborn'd and sent Athanasius unto banishments into Tryer a citie in Gallia Belgica 6 The same Emperour after hee had twice ordain'd Ecclesiasticall judges to determine the cause of Cecilianus an Orthodox Bishop at last he himselfe tooke it into his cognizance and gave the finall sentence So say the Clergy of Hippo in Africa in that epistle which St. Augustine made upon the same occasion and sent to Ianuarius Being so stricken in age as you
by our Kings unto the Clergy-men the Ordinances made in that behalfe are directed to the Courts of Parliament the baliffes and stewards who are prohibited by virtue thereof to compell them to make the said reparations as appeares by the Ordinances of Charles the ninth dated the 10 of September 1568. The eighteenth of September 1571. The third of November 1572. It hath beene also judged by divers Arrests of the Parliaments of this land which are to be seene in the great collection of them that the question touching the reparations of benefices belongs to the Lay Iudge and not to the Ecclesiasticall 20 As for the sequestration of the fruits which the Councell gives unto Bishops it belongs no more unto them than the other considering that they cannot put it in execution nor have any right of seisure in the goods moveable or immoveable And herein that Decree of Philip the third dated 1274 is worth our observation who prohibites a Bishop the granting the seisure of the moveable goods of a certaine Clerke condemn'd in a personall action considering that those goods were not within his episcopall Iurisdiction 21 But there is nothing more exorbitant than the jurisdiction which is by this Councell given unto Bishops over the Notaries Royall It is a certaine rule that Ecclesiasticall persons have no jurisdiction within this Realme over Lay men save in one case to wit when the question is concerning the sacraments and spirituall things This is so farre true that an Ecclesiasticall Iudge cannot so much as deale in a fault committed by his Lay gaolor for suffering a prisoner to make an escape or in any other offence committed in the gaole as it was judged by an Arrest given in the Great dayes of Poictires the 18 of September 1531 nor in any faults committed by the Proctour of his office if hee bee a Lay man although he have trespassed in the exercise thereof according to an Arrest of Paris of the 11 of April 1532. Now the Royall Notaries are so farre from being nay it is so impossible that they should be under the Ecclesiasticall jurisdiction that on the contrarie the Iudges Royall have authoritie over the Apostolicall Notaries This appears by an Edict of King Henrie the second made at Fountainbleau in September 1547 about the calling in of the Apostolicall Notaries wherein it is said That by the bailiffes stewards and Presidiall Iudges every one in his owne power and jurisdiction a sufficient number of the said Notaries shall bee adjudg'd and limited Which calling being so made by them and every of them his will is That they make choise of the most able and sufficient within their jurisdiction to the number by them determined And for the Notaries Royall it were a superfluous thing to alledge the Decrees which give the Kings Iudges authoritie to punish them in case of any offence or crime by them committed 22 The jurisdiction which is given unto Bishops over such married people as have only the single tonsure is not lesse extraordinarie A married shaveling hath as good as no priviledge at all in France but is reckoned in the ranke of Lay men because of the great abuses which have beene heretofore committed in this Kingdome For to inlarge the Ecclesiasticall jurisdiction the time was when Prelates bestowed that tonsure upon all sorts of people even upon some young infants some servants some bastards and some ignorant and illiterate married men yea and which is more if the Kings Officers prosecuted any offender if he but said hee was shav'd though indeed hee were not the Ecclesiasticall Iudge would straightwaies hooke unto himself the cognizance of the cause by censures and excommunications Which was a meanes of offenders escaping with impunitie because that they might get off by their purse from the Ecclesiasticall Iudges upon which occasion all malefactours inclined rather to this jurisdiction as it is prov'd at large in the Articles which were presented to King Philip by Mr. Peter de Cugneres against the Clergy of France 23 A certaine Queen of England complain'd to Pope Hâ—norius the third of that name that many married men made use of the tonsure to cheat her of the right which belonged unto her as it is recorded in the Decretals By an Ordinance of King Charles the ninth in the yeare 1563 it was decreed that none should bee admitted to sue by virtue of the priviledge of his Clergy to bee sent backe to the Ecclesiasticall Iudge in any case whatsoever whether civill or criminall unlesse hee were a subdeacon at the least which is as much as to exclude all simple shavelings whether they be married or no who notwithstanding shall bee admitted by the Councell of Trent yea in such sort that priviledged cases are not excepted in criminall matters nor personall actions depending upon the realitie and other such like civill matters howbeit that such exceptions have ever beene in force within this Kingdome and that even in all sorts of Ecclesiasticall persons 24 And see here another great prejudice done unto us by this Councell which we must either take a course to remedie or else all the regall jurisdiction on of our Ecclesiasticall persons will come to nothing and wee must talke no more of those distinctions which were wont to bee used in the pallace time out of minde in this regard For if priviledged cases and civill actions which belong to the jurisdiction Royall bee not excepted in the person of married Clerks then much more must wee admit of this new law in behalfe of other Clergy men whose priviledge is farre greater 25 As for Civill actions the Councell confirmes the Decree of Boniface the eighth whereby Secular Iudges cannot condemne married Clerks neither in personall causes nor pecuniary Which words are of a very large extent so great that we may comprehend under them not only actions which are purely personall but such also as depend upon reality all actions of contract reall and possessory For the word Pecuniariter being divided from Personaliter and placed before it in the said Decree will alwayes be understood generally and will â—omprehend within its latitude by meanes of that interpretation they will put upon it whatsoever concernes our patrimonie and all the actions which we can have either for the recoverie or preservation thereof Which they will confirme even by the auâ—horitie of our owne law 26 As for adulteries the usurpation is very notorious it is directly against the Civill lawes whereby the punishing of this crime belongs to the Magistrates not only by those of the Pagans but even by those also of the Christian Emperours The Ecclesiasticall Iudges in France never had the cognizance of such crimes over Lay men but this jurisdiction was left in the possession of the Secular Iudges Yea which is more we read two Arrests of Bourdeaux one against a Bishop another against an Abbat wherby they were condemn'd unto certaine punishments for the crime of
Great did freely confesse that God had granted the Emperour the rule not onely over the men of warre but also over Clergy men And Bernard who lived a long time after them in his Epistle written to Henry Archbishop of Sens makes this inference Every soule and yours too Who hath excepted you out of this generality If any man goe about to except you he goes about to deceive you Beleeve not such counsels c. 6 See here a great manie testimonies all together which might happily have made a greater show if every mans had beene brought in by it selfe But my purpose being to applie all this to the present maladie I thought it more convenient to make all these witnesses be produced by a partie not suspected and one who very well understood them Conclude wee from all these authorities that the coactive jurisdiction and temporall power does not belong to Ecclesiastiques but rather that it is a right Imperiall and Royall But wee must expound this last point a little more plainly Princes alone having this power and Secular jurisdiction and all that depends upon it sometimes they have used it themselves sometimes they have granted the exercise thereof to their Officers and Magistrates or even unto their Clergy men yet without utterly devesting themselves of it without making a pure cession from it and absolute transport they alwaies reserved unto themselves the Soveraigntie as Masters and Lords of it the power of transferring the exercise of that jurisdiction from one to another either in part or in whole to deprive whom they thought good without doing them any wrong to augment it in the person of their Officers and abate it in their Ecclesiastiques just as they have conferred part of it upon the latter to the prejudice of the former 7 Wee have elsewhere treated of the judgements passed by Emperours and Princes and also of the criminall causes of Ecclesiasticall persons Here wee will speake only of the cognizance of civill causes The Clergy were anciently under the jurisdiction of Secular Iudges in which there were afterwards many alterations The Emperours Valentinian and Valens in a certaine constitution directed to one of their Magistrates ordaine that Clerks bee assessed to great dammages for their frivolous appeals Valens Gratian and Valentinian give the jurisdiction of the civil causes of Clerks and their offences civilly prosecuted to the Synods of the Diocese reserving criminall causes to their Magistrates Theodosius and Valentinian reserve Clerks to the audience of their Bishops Valentinian the second Theodosius the younger and Arcadius declare that this is for Ecclesiasticall causes Martian will have the Bishops to be judges over the Clerks in their Dioceses and of their civill causes if the plaintiff have recourse unto them so that it was left to the libertie of him that entred the suit whether he would make them Iudges or have recourse unto the Magistrate as is specified in another law of the same Emperour Leo and Anthemius give this jurisdiction over Clerkes and Monkes to the Presidents of the Provinces within their circuit and to the Praefectus Praetorio at Constantinople And in another law they ordaine that the Bishops Clerks Monks and all other Churchmen of what qualitie soever shall answer before the Presidents of the Provinces and come before them when they shall be summon'd and accused Iustinian in his seventie ninth novell Constitution submits Monks to the jurisdiction of Bishops In the 83 constitution hee decrees the like for Clerks as well for matters civill as for Ecclesiastical crimes reserving others to his officers And furthermore in caâ—e the Bishops cannot or will not take the cognizance of them he referres them to his Magistrates In the 123 constitution hee prohibits the conventing of Bishops before his Magistrates in cases civill or criminall without his Imperiall command In other places the Emperours proceeding â—urther have given jurisdiction to Bishops not only over Clerks but also over Lay men Constantine the Great was the first whose law our Popes ascribe to Theodosius having made a very favourable constitution in behalf of Bishops whereby hee gives them the cognizance of all civill causes betwixt Lay men upon the bare demand of one of the parties albeit the other did not consent unto it In such sort as the Magistrates are bound to desist from the cognizance of it as soone as one of the parties shall require to bee dismissed and sent thither whether it bee at the beginning or middle or end of the suit 8 Arcadius and Honorius derogating from this law will have it to be by the joynt consent of both parties and that by way of arbitrement The same Emperours together with Theodosius doe ordaine that there shall bee no appeal from this Episcopall judgement and that their sentence shall bee put in execution by the Sergeants and Officers of the Iudges This is the law which Iustinian would have to bee observed I say those two last constitutions for as for that of Constantine he did not insert it in his books but the other latter Which Gratian hath confessed in his Decree And whereas in the Code of Theodosius the inscription of the title runnes thus De Episcopali judicio Iustinian in stead of it hath put De Episcopali audientia to shew that it is not properly any jurisdiction which is bestowed upon them but on the contrary a friendly and arbitrary composition to abridge the processe 9 After this time the Emperour Charles the Great in his Capitularie renewed the law of Constantine and gave the same jurisdiction therein contained unto all Bishops repeating the same law word for word Which the Popes have not forgot in their Decree where they have inserted the Constitution of Constantine under the name of Theodosius and that of Charles the Great just as Iustinian did in his Books the responses and commentaries of Lawyers to give them the strength of a law For as for them they thinke they are not subject to those of Christian Princes But they have gone further yet for by a most disrespectfull ingratitude they have gone about to serve themselves of these lawes against those very Kings and Emperours which made them to take upon them the jurisdiction over them themselves 10 Innocent the third served himselfe hereof against Philip Augustus King of France hee would needs make himselfe judge betwixt this Prince and King Iohn of England by virtue of these constitutions whereof hee makes expresse mention It is all one as if he had urged them against Charles the Great considering that hee made this law both as Emperour and King of France for hee submits tâ—â— French-men to it in expresse termes These lawes whether of Constantine or of Charles the Great should not now bee urged neither against the Emperours nor the Kings of France who did not make any law to tye them not against other Kings who doe not admit the law of the Empire
hath reckoned up all the Archbishopriques that were at that time in Christendome it placeth the Emperours and Kings in this manner Christian Emperours The Emperour of Rome The Emperour of Constantinople Christian Kings The King of France The King of England The King of Castile and Leon. The King of Sicily The King of Aragon The King of Hungary c. 13 The French colours saith Baldus march alwaies foremost and no other King whatsoever may goe before them And elsewhere The King of France is above all other Kings Our Doctours marshall the Kings so that they alwaies put him of France in the fore front as Alberiâ—us de Rosate Antonius Corsetus and others Some of them tell us that if hee be walking with the Emperour at the going in at doores and other strait places they enter both together sidewise and the one doth not goe before the other Boniface de Vitalianis witnesseth that at Rome in his time hee that spoke of a King without addition was supposed to meane the King of France An ancient Greek authour saith the like for his time An English Historian saith the King of France is accounted the chiefe amongst all Kings In briefe it is the common opinion of all the Doctours that ever writ of it to seeke no further even of the Spaniards themselves 14 I will content my selfe with setting downe here in this place what hath beene spoken of this point by one of the King of Spaines owne subjects Lancelot Conrade by name as considering that his testimony is authentique and void of all suspicion The Doctors saith he doe sometimes dispute which of all the Kings is to have the first degree of honour and who is preferred above all the rest But they seeme generally to agree that this honour belongs entirely to the King of France for he is styled the most Christian King and is above all Kings at this day and takes place of them as Baldus teacheth Ad § ult Colum. ult tit De prohibita feudi alienatione per Fridericum And before him Iohannes Andraeas in cap. 2. De praebend in 6. Which is followed by Paris de Puteo in Tract de duello § nobilis provocavit num 10. lib. 25. And Nicholas Boerius Tract de ord grad utr for in prima parte num 12. And that by the authority of Albericus de Rosate in Rubric Digest de statu hominis De Ripa saith likewise in his Tract De peste part 1. num 80. according to Baldus Cons. 217. Ego puto volum 3. that no man may pretend any prerogative of honour against the colours of the King of France Hee afterwards comes to speake of the King of Spaine whom he highly extols for his power greatnesse and titles yet so as for matter of order he alwayes makes him inferiour to the King of France And yet for all that he was his Prince and Conrade his naturall subject as being a native and inhabitant of the towne of Lauda within the Duchy of Milan For marke what hee saith himselfe of it when he reckons up the titles of the King of Spaine He is King Prince Arch. Duke Duke and Lord of divers townes and was not long agoe made Duke of Milan our Lord and our Duke There is yet more in it namely that the saying of this Doctour was confirmed and authorized by a Decree of the Senate of Milan that is by one of the King of Spains Soveraigne Courts For heare what the same author saith of it in his preface Petrus Paulus Arigonus third President and one of the Kings Counsellours in the Province of Milan and with him Petrus Antonius Marlianus Iohannes Baptista Raynoldus Danesius Philiâ—onus Marcus Antonius Caymus Commissary appointed for this matter by speciall deputation Paulus Alia Ludovicus Mazanta Octavianus Bignamus Senator elect by the King as being of Lauda Iulius Clarus Polictonius Mediobarba Molineus Scipio Symoneta and Leonardus Herera famous Lawyers and honourable Senatours have by a speciall Decree ordained that this booke may be published Nay Pope Pius himselfeâ— as the same authour affirmeth in the processe of that discourse confirmed it it may be without ever thinking of this And afterwards saith hee the great Pope Pius the fourth confirmed and as it were consecrated this Temple by imposition of hands 15 And yet for all that he was the man who would have put the King of Spaine in equipage with ours at the Councell of Trent as Onuphrius testifies It is true which hee addes that the same Pope gave the precedency of honour to our Kings Ambassadour at Rome Not long after saith he when there arose a controversie betwixt the French and Spanish Ambassadours who should have the more honourable place in publique assemblies which was hatched long before by meanes of Francis Varga the Pope after much dodging at last adjudged the first place to the French after he had beene long plodding about a forme of agreement but could finde none For the Spaniard denied the precedency to the French and the French would not endure that he should be made equall with him But there is alwayes in the Popes exactions as well as in the decrees of our Councels somewhat in the fag-end that spoiles all For marke what followes Vpon this occasion Ludovicus Requesenius great commander of Castile and Ambassadour of Spaine being displeased departed from Rome after hee had made his publique protestation to the Pope which the Pope admitted and promised him he would judge of it I know not how he meanes to proceed in it for to judge after he hath once determined it himselfe to what purpose seeing there is â—o new evidence come in and that he was so long a consulting about that judgement which he passed To referre it to a Councell that were as much as to confesse himselfe inferiour to it he will beware of that blow So you see we are put upon the quarrell againe 16 After that there were some Popes that altered the place which the Emperours Ambassadours and they of other Kings used to have in their Chappell made choice of another altogether inconvenient to the intent that they not accepting of it the Spanish Ambassadours should not lose the precedency which fell out accordingly And from that time forwards there hath beene a contention about precedency betwixt the Ambassadours of the two Kings Which was debated at Venice when the league was concluded against the Turke betwixt the Pope the King of Spaine and the Venetians For the Spanish Ambassadour entreated that the French might not assist at the Ceremonies But the Signiory thought it fit that he should hold that ranke of honour which belonged unto him And so he did It is true the Spaniard who was a Church man to slip his necke out of the collar desired that he might sing Masse which was granted unto him As for the Court of Rome the King of Spaine hath for some late yeares had so much
Bellarmin l. 1. de Conciliis c. 16. V. Acta Concilii Niâ—â—ni Ruffin l 1. Act. â—5 â—2 Cap. 32. Tom. 1. Act. Concil Ephefini Eusebius de vita Constantini lib. 4. c. 42. Act. Concil Ephes. tom 1. cap. 12. V Actâ— Conc. Nicani cap. 8. Theodore◠〈◊〉 â— â— p. 10. The â—reâ—â— Fathâ—r restrained of their libâ—rty Vid. Acta Concilii Consâ—antinop 6. tom 2. Conc. Vid. Acta Concil Francâ—ord in libello sacro syllabo tom 3. Concil pag. 6â—5 Hâ—c decâ—eta extant MS. in vet Bibliothecu V. Synodum Francicam tom 2. Con p. 456. V. Synod Suession tom 3. Concil p. 438. Rhegno sub an 787. Concil Meldense tom 3. Conc. p. 866. Synodus Pistis in Princ tom 3. Conc. p. 900. Lay men have assiâ—tâ—d at Councâ—ll in Frâ—nce Vide Concil Tribuâ—iense in princ in fine tom 4. Concil pa. 26. Rigordus de gestis Philippi Augusti sub anno 1179. M. â—ean du Tillet greffier en ses memoires V. Capitulare Caroli Magni lib. 2. ca. 24. 25. Rigordus de gestis Philippi Augusti sub anno 1200. Idem Rigordus a Iean le Maire en la 2 partie de la division des schismes b Martinus Polonus â—ive additio adeum Postea idem Rexâ— convocatis Praelatis Baronibus â—c Comitâ— regni Parisiis â—oncilium celebravit petens â—oncilium eâ— auxilium contra Papam praedictum c Iean Bouchet en la 4 partie des annales dâ— Aquitaine Platina in Bonifaâ—io 8. V. Pragmat Sanctionem in principio et in fine Vide hunc appellationis libellum in fasciâ—ulo rerum expeâ—endarum Iâ—an de Maire en la 2 partie de la diâ—â—ereâ—ce des sâ—hism Lay men admitâ—ed to Councell in England and Spâ—ine Neubrigenâ—is l. 1. â— 19. Concil Toleâ— 6. Tom. 3. Concil pag. 83. Concil Tolet. â— Tom. 3. Concil p. 184. Concil Tolet. 1â— versus princip Tom. 3. Concilâ— pag. 374. Math. Westmonast l 1. sub an 905. Neubrigens lib. 1. cap. ult Neubrigens lib. 2. cap. 2â— Idem Neubrigâ— l. 1. cap. 14. â—oâ—â— Lâ—y men have and may bee admitted to Councels Luitprandus rerum per Europam gestarum lib. 6. cap. 6. 10. 11. Martinuâ— Polonuâ— in Henr. 3. sub anno 1058. Vetuâ— author qui scripsit de investituris apud Theodoricum à Nihem in tract de privileg â—uribâ—s Imperat. pag. 785. â—dem author Nicol. Câ—sanus lib. 2. de concor â—athol â—ap 16. Nicoâ—aâ—â— in epist ad Miâ—â—aeâ—em Imper. For what end Lay men may be admitted Bellaâ—m lib. 1. de Concil câ— â—â— Marsilius de Padua in desens pac part 2. cap. 20. Vide Aâ—â—a Concilii Nicaeni Panormit â—n cap Signiâ—icâ—stâ— de Elect. a Socrat. lib. 1. Eccles. hist. ca. â— b Concil Tolet. 4. tom 3. concilâ— pagâ— 65â— Lâ—â— mâ—n admitted at Constance and Pisa. c Concil gener 6 d Const. et Conc. generale 7. Nicaenum tom 3. Concil pag. 234 452. e Guilielm Duâ—ant in trans de Concil f In tract de potest Papa lib. 3. c. 12. Et in Conc. genâ—ralia dist 13. q. 4. g Cardinalis Iacobatius lib. 2. de Concil Art 6. h Marsilius part 2. cap. 20. in def pac * Onuphriuâ— in Pio 4. Bellarm. lib. 1. de concil ca. 15 Vide chronicum Pauli Langii anno 1417. Et Pietro Messia en la vita de Sigismondo Apologia concilii 2. Pisani Impressa Mediolani per Gotardum Ponticum â—nno 1512. Vide Acta conâ—ilii Pisani 2. Nothing done in the Councell but what the Pope pleased Extat in libello de statu Eccles. Gallic in schismate Extat in eodem libello Du Moulin en son conseil sur le concile de Trente Et l'autheur de l'advertissement sur la reception du concile de Trente Extat hac epistola Parisiis impressa apud Nicholaum Chesneau anno 1563. Lay mâ—n calleâ— to Councels in France Guido Faber in Oratione sua habita in Conc. Trid 4 Iunii â—nn 1562. Voyes â—es commentaires du Sieur president de l' estat de la religion et republique soâ—s Henri et Francois 2. et Charles 9. The Councell depended wholy upon the 〈◊〉 Pope Apolâ—â—ia Fontidonii Onuphrius in vita Paull 3. AEnâ—as Sylviuâ— iâ— comment â—â—â—cil Basilâ— Cap. Ego de jurejurando Extra Onuphrius in vita Pii 4. 〈…〉 beaâ—e â—hâ—â—haâ—gâ—s of â— Counâ—â—ll â—useb loâ— 10. â—â—p 5. Châ—odoret l. 2. â— 16. Euseb. de vitâ—â—onsâ—antini lib. 3. â—heodoret l. 21 cap. 30. Sozomen lib. 4. cap. 16. Sulpitius Seâ—erus Sacra hist. lib. â— This Councell compared with others for number of Bishops a Yet I have seene a Catalogue printed 1546. where when the 6. Session was seâ— are râ—ckoned but 3. Caâ—dinals 3. Archbiâ—shâ—ps 1. Ambassadour the Secretary â—nd Proctor of the Councell 4. â—enerals and 2. Spanish Doctors in all 38. AEneas Sylv. liv 1. Comment Concil Bas. Bellarm. de conâ—cil author l. â— cap. 19. Henry 2. â—roâ—ests â—gâ—inst the Couâ—câ—ll Extat in libello de statu Ecclesiae Gâ—lliâ—anae in schismaâ—e Complaints made by the Emperour and thâ— French king Vid. Can. principatus 1. q. 1. t. Egi tecum D. De rejudicatâ— l. Sedet manente precariò D. De prec Canonist in ca. 51. qui authoritate de praebâ—n in 6. Bald. Cons. 50â— l 5. alios Non diâ—o sed â— numeratione sacilè conclusio inferri potest Si invito creditore aliud pro alio solvi possit The French Ambassadours lefâ— the Counâ—â—ll In vvhat â—se a â—udge may bee refused Glâ—ss in Câ—n. â—lâ— caus 3. q. 5. in verb. canoniâ— a Tacitus â—ive Quintilian in dialogo de causis corrup eloq b L'ordinance dâ—â—loâ—â— c Vtebantur hac formulâ— EIVRO NIQVVS EST. Asconius in Verrinam 2â— The King of Englands Protestation Sleidan comment lib. 11â— Surius in hiâ— Hisâ—oâ—y in the 〈◊〉 1537. ouâ— of the French trâ—â—slâ—tion by Iames Estouâ—neau Surius ibid. The King of Englands protestâ—tâ—on Sleidan comment lib. 11. Sleidan l. 16. This answer was printed an 1561. V. libellum de statu Ecclesiae Gallic in Schismate pag. â—78 179. There were diverse Councels about the same thing ¶ Augustin in in breviculo Collat. cum Donatistis Et Optatus Meliâ—it lib. de schismat Dâ—natist Et Collatio Carthagini habitâ— Idem August in Collat. 3. dict cap. 12. Idem ib. c. 19. Idem ib. c. 2. The caâ—â—â—agâ— of the Counâ—â—l at Ariminum a Hilarius in fragmento ex opere historico b Sulpiâ—us Severus in historia sacra c Idem Sulpitius li. 2. Sac. hist. Ac siqui â—ertinactùs obsislerent dummodo is numerus intra quindecim esset in exilium pellerentur Idem ibid. Dubius anniâ— Hilarius scilicet magnâ curarum mole aesâ—uans cum plerisque videretur non ineundam cum his coÌ„munionem qui Arâ—minensem Synodum reâ—â—pissent optimuÌ„ sactu â—râ—itratus sic legendum non arbitrati revocâ—re incipit cunctâ—s ad emendationem et paenitentiam frequentibus intâ—a Gallias Conciltis atque omnibus ferè Episcopis de erâ—ore profit entiâ—us ap
observed and practised which plainly proves our exposition to be true 18 Our Lawyers tell us that when there is any controversie about the sense and meaning of a law speciall regard ought to be had of that sense which practice hath put upon it Let us observe this rule in the exposition of our Canon The question is Whether the Pope ought to call Councels or no we finde by practice that the Popes did not call them but the Emperours and that they did so constantly the Popes seeing and knowing as much that they themselves have beene petitioners to the Emperours to get them called that they have appeared at the Councels upon command from them therefore we may well conclude they have no right at all by this Canon to call Councels 19 We will adde furthermore that the Popes never complained of the Emperours for taking upon them that power of Convocation which doubtlesse they would have done if it had belonged to them of right for they have alwayes observed that rule to a haire De vigilantibus non dorâ—ientibus So as to say the truth no man can accuse them of negligence in preserving St. Peters patrimony which they have husbanded so well that their successors for the future need make no scruple of receiving it without an inventary 20 We say moreover that it is but a little while agoe since they usurped this authoritie for we doe not finde that ever they used it till the yeare 1123â— what time the first Councell of Lateran was holden Calixt the second being Pope and Henry the fifth Emperour Platina saith that Pope held a Councell of nine hundred Bishops to consult about the sending of succours into the holy Land Howsoever we must observe that this usurpation which they continued from thence forwards was not without all interruption for the Emperors alwayes kept a hanke of their right though it was but extrema quasi lacinia They called divers Councels after that time as that of Pavy which was assembled by the Emperour Fredericke the first to determine the schisme betweene Victor and Alexander the third about the yeare 1163 or 64 but it is not amisse to heare what language he useth in his letters of Convocation 21 And for the prescribing of a remedy pleasing to God and proper for this disease we have resolved upon the advice of certaine godly and religious men to hold a generall Councellâ— which we appoint to be at Pavie The author that relates these letters speakes thus of them The Emperour supposing that the authority of calling a Councell appertained unto him after the example of Iustinian Theodosius and Charles and that the controversie could not be determined by any lawfull judgement unlesse both parties were summâ—ned thereunto sent Bishops both to the one and the other to summon them The same Emperour useth the same termes in his speech made at the opening of the Councell He was also the man that called the Councell of Dijon about 1165. It is true that Pope Alexander the third would not be seene there Because saith Platina he did not call it himselfe But he raised that quarrell too soone considering that his right was not yet well caulked 22 So likewise the Councels of Pisa and Constance were called by the Emperours Now if the possession was afterwards lost by the negligence of the Emperours yet this is sufficient to bring a writ of Right and make an entry for which triall the Emperours are better furnished of evidence than the Popes and besides they who should breathe nought but justice and honestie will voluntarily surrender unto Cesâ—r what of right belongs unto him 23 What we here speake is concerning Generall Councels for as for Provinciall we deny not but the Popes have hâ—d authoritie to call them within the bounds of their owne territories as have also other Patriarchs and Metropolitans And yet those bounds are but very narrow for wee doe not finde that they were extended over all the West and what Balsamon saith that the Bishop of Rome is the president of the Westerne provinces must be restrained unto Italy And for matter of fact the Pope was neither seene nor heard in person nor by proxie at the Councell of Cullen which consisted of the French and German Bishops and was assembled by the authoritie of the Emperour Charles the third Anno Dom. 887. 24 Nor was hee at that of Aquileia called by the Emperours Valentinian and Theodosius consisting of the Bishops of France Africke and other Provinces at which Saint Ambrose Bishop of Milan was present 25 The like may be said of such as have beene holden in France Spaine and other Kingdomes or Provinces of the West the calling whereof bâ—longed either to the Primates and Metropolitanes or to the Kings and Princes 26 So Maximus Patriarch of Ierusalem assembled the Bishops of Syria and Palestine to receive Athanasius into the communion of the Church and restore him to his former dignitie So Athanasius himselfe after hee was called home out of exile by Iovinian the Emperour assembled a Councell of Bishops But it would be tedious to heare all the examples which are extant about this subject As for the calling by Kings and Princes we shall speake of that anon 27 For the present we must answer an absurditie which Bellarmine presseth that in these dayes it would be impossible for any one to call a Generall Councell but the Pope for as for the Emperour to whom wee said it of right belongeth he cannot doe it saith he because he hath no authoritie over Kings and Princes but on the other side the Pope hath over all Christendome Bellarmine is deceived for the Pope in that respect hath scarce any more authoritie at this day than the Emperour Let him cast up his count of those Kingdomes and Provinces which have withdrawne their obedience from him and he will finde that he hath misreckoned himselfe All that Bellarmine can infer is this that we must talke no morâ— of Generall Councels in these dayes seeing there is no man to call them with convenience and authoritie Wee answer that he that should now undertake of his owne absolute power to call any should much deceive himselfe even the Pope not excepted But that every one out of courtesie would be willing to hearken unto it There is not a Prince in Christendome but yeelds the first degree of honour to the Emperour and would take in good part any gentle and kinde summons which should come from him for the holding of a Councell The Emperour Fredâ—ricke the first found a way to assemble that of Pavy whereunto he summoned the Archbishops Bishops Abbats and other Ecclesiasticall persons as well in all his Empire as in other kingdomes to wit of England France Hungary Denmarke And it is probable that when he made this convocation he writ of it in particular to those Christian Princes which were no subjects to the Empire
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
by those Decrees Whereto the Vniversity of Cracovia addes in the forementioned Advice That neither the Legats nor any other on the Popes behalfe nor he himselfe did complaine of it 11 The second Pope is Felix the fift who was lawfully created by the Councell of Constance with great solemnitie and who some yeares afterwards did resigne the Popedome for quietnesse sake Hee declared at the time of his resignation that he approved the Decree of the Councell of Constance concerning the authoritie of a Councell over the Pope setting it downe at large in the instrument which was drawne of his resignation and consequently that of Basil which hath the same thing Wee have quoted the whole passage in the precedent Chapter 12 The third is Nicholas the fift who in generall termes confirm'd and authorized all and every the Acts of the Councell of Basil and likewise all that was done by Felix in that behalfe Bellarmine denies it restraining that confirmation to that which the Councell had ordained touching Benefices and Ecclesiasticall censures But hee tooke no notice of that generall clause in the Bull We approve ratifie and confirme all and every the Acts deeds grants gifts indults dispositions and ordinances although they bee greater and weightier or of another nature than the former and although they require a speciall declaration which wee will have to bee accounted as expressed which have beene made or done as well by those that obeâ—ed that Councell of Basil and Amedeus called in his obedience Felix the fift as by those that continued together under the name of a Generall Councell at the Cities of Basil and Lausanne As also when he was admitted and approved Pope by the Councell of Lausanne he had formerly made evidence that hee was thus resolved to acknowledge the authoritie of the Councell over him and to approve their Decrees as it is said in the Act of his confirmation which passage we urged in the former Chapter 13 Lastly Bellarmine in stead of a buckler useth the authoritie of such Popes and Councels as have condemned this of Basil. Hee puts Eugenius in the first place whose hap it was with all speed to confirme the Decrees which are now in question and all that was done at the Councell of Basil till the sixteenth Seâ—sion whose hap it was to send his Legats thither to preside there which they did afterwards confirming those same Decrees With Eugenius he joines his Councell of Ferrara saying that it was holden at the same time with that of Basil and that there were a greater number of Bishops there that the Emperour of Greece was there in person with many other Bishops of that nation and the Emperour of Germany's ambassadour and that the Pope presided there I will grant him all this but withall he must know he hath gained nothing by it in the question which wee have now in hand Inasmuch as the Councell of Florence or Ferrara beganne not before the yeare 1438 at which time yea a long time before those Decrees of the Councell of Basil which we speake of were made to wit in the yeare 1431. And therefore though there might be some doubt about the last Acts of it yet there can be none about the first 14 He saith further that all the Church rejected that which the Councell of Basil decreed concerning the authority of a Councell over the Pope inasmuch as notwithstanding Eugenius was deposed by that Councell yet she acknowledged him still for a true Pope The truth is that Eugenius was taken for Pope by some few Princes and Nations after his deposition but the consequence is false that therefore the Church rejected those Decrees touching the authority of a Councell over the Pope For many approved the one who disliked the other by reason of their particular affection which they bore to Eugenius And in deed King Charles the seventh declares in plaine termes That he held the Councell of Basil for a true Councell that hee never approved that of Ferrara that for the deposition of Eugenius and election of Felix he never yet did approve of them nor doth he now approve them The Bishop of Panormo saith That all the Ambassadours of the Emperour Kings and Princes which were at the Councell of Basil before stayed there notwithstanding the pretended translation of it to Ferrara and which is more saith he the King of France did expresly forbid any of his subjects to goe to Ferrara to celebrate the holy Oecumenicall Councell upon paine of great penalties alwaies acknowledging the Generall Councell of Basil. This authour is irreproveable considering he was sent to the Councell of Basil by Eugenius to cause that Councell to cease so farre forth that in favour of him he there disputed against his conscience maintaining some false opinions which he afterwards recanted in his writings 15 To make it more evident that the pretended rejection of the Councell of Basil concernes onely the deposition of Eugenius and that it was received for all besides we will here produce the very words of a protestation made by King Charles the sixt The King protesteth as a most Christian Prince treading in the footsteps of his predecessors that hee will obey the Church duly and lawfully assembled But forasmuch as divers honest and grave personages doubt whether the suspension and deprivation of Eugenius and the election of Felix made at Basil be well and canonically performed and celebrated and that it is questioned whether that assembly then when these things were done did sufficiently represent the Church Catholique to proceed to such great matters and so important the King persists and remaines in obedience to Eugenius in which hee is at this present This protestation was made the second of September 1440 and is printed with an oration of Mâ— Iohn Gersons All the Historians that have writ of this Councell do highly commâ—nd the beginning of it and find no fault with it no not in that which concernes the reformation of the head and members But for the end they say that was shamefull 16 Bellarmine saith further that the Fathers of the Councell of Basil did submit themselves to Pope Nicholas the fift as also Pope Felix whom they had created did yeeld to Nicholas the successour of Eugenius Wee answer that for the quietnesse sake of the Church Felix did resigne the Popedome and yeelded to Nicholas as the act of that Session hath it and that Nicholas was created Pope anew by the Councell of Lausanne which was nothing else but that of Basil and that this very Pope confirmed the Acts of the Councell of Basil. Now in the Act of his creation there is this amongst other things We have declared that peace is necessary yet so as the authority of the Church bee alwayes preserved entire according to the determination of the holy Councell of Constance And afterwards The holy Synod lawfully assembled representing the Church Catholique with mature and concordant