by thine owne sentence in as much as thou writest Cursed be he that doth not keepâ— the Apostolicall commandments which it is well knowne thou both heretofore many wayes hast and at this present doest violate trampling under foot both the lawes of God and the holy Canons of the Church at once making them of no effect nor use in as much as thou canst never treading neere the footsteps of thy predecessors the Bishops of Rome We therefore having experience of thy craft and subtilty observe withall thy indignation and high swolne ambition and wee doe not yeeld an inch to thee nor to thy pride whereby thou hastenest to bring us under hatches prosecuting herein the desires of our enemies but thy favourites Nay thou shalt know we are none of thy Clerkes as thou doest boast and bragge but that thou shouldest acknowledge us for thy brethren and fellow-bishops if thy arrogancy would permit thee so to doe 14 When the Popes had not power enough of themselves to compasse their ends to tame Princes to trouble and enthrall Christendome or haply when they would set a fairer glosse of justice upon their actions and cut off all means of gainsaying then they releeved themselves by the authority of some Councell or other called together by their cunning and packed up according to their humour whereunto all men in honour and reverence to the Church readily submitted themselves as unto some divine Oracles Till at last they begunne to finde out the mystery and perceive plainly that those assemblies under colour of piety and religion served but for instruments to the Popes humours to wreake their humane malice stucke close unto their tyrannyâ— and gave authority to their injust usurpations This was it which oft times gave occasion to reject those Councels as spurious and adulterate as the Synagogues of Satan yet alwayes conserving a due reverence to those true holy lawfull and Oecumenicall assemblies assembled in the name of the Holy Ghost wherâ—of we shall give you an instance or two 15 Gregory the seventh excommunicated the Emperour Henry the fourth by vertue of a famous Councell holden at Rome in the yeere 1074. The Pope say the German Chronicles called a famous Synod of Bishops and other Ecclesiasticall Prelates at Rome in which Councell divers things to bee observed by all Christians concerning the Popes authority were enacted and ordained There also was Henry afterwards excommunicated as an enemy and persecuter of the Church Platina hath set down the forme of that excommunication An English Monke doth ascribe it to the Councell of Cleremont but he doth but equivocate in that unlesse hee meane that it was repeated there Yet for all this the Bishops of Germany did set so light by it that the next yeere after being Synodically assembâ—ed at Brixin in Austria they deposed Pope Gregory and chose Gerbert Archbishop of Ravenna in his stead calling him Clement Henry desiring to secure the fluctuating and troubled estate of the Church they are the words of the same Chronicle called a Councell at Brixin a City in Austria where he assembled all the Bishops and Abbats which were of his opinion against Pope Gregory In which Counceâ—â— they by their decrees deposed Pope Gregory in his absence from the See apostolique as a perturber of the Church and a wilde headed Monke for he was a Monke before he was Pope and chose in his place Gerbert Archbishop of Ravenna Afterwards he sets downe the very words of the Decree Platina though an officer of the Popes affirmes as much Then saith he Henry being rather incensed than admonished by these censures having assembled a company of Bishops ill affected like himselfe he created Gerbert late Archbishop oâ— Ravenna Pope and called him Clement The Councell of Cleremont holden under Vrban the second and where hee was personally present in the yeere 1094. or as others are of opinion 95. made the like attempt to excommunicate King Philip in his owne kingdome by reason of his marriage and againe in a Councel holden at Poictiers not long after by the Popes Legates In this Councell saith Matthew Paris speaking of that of Cleremont Pope Urban excommunicated Philip King of France And another English Author In this Councell the Pope excommunicated King Philip of France and all such as should call him their King or their Lord and which should obey him or speake unto him In like manner Ivo Bishop of Chartres speakes of them both By reason of this accusation King Philip was excommunicated by Pope Urban at the Councell of Cleremont and having resumed the same wife after he was divorced from her he was afterwards excommunicated at the Councell of Poictiers by the two Cardinals Iohn and Bennet Notwithstanding which excommunication he was crowned by the Archbishop of Tours in a full assembly of other Bishops Know you therefore saith the same Bishop of Chartres in a letter of his to Pope Vrban whose partisan he was that contrary to the prohibition of your Legat the Archbishop of Tours hath set crowne upon the head of the King He speakes afterwards of the election of a Bishop made at the same time by those who were assembled with the said Archbishop And in another epistle of his to one of the Legats of Pope Paschal the second Certaine Bishops saith he of the Province of Belgia crowned the King upon Whitsunday â—ontrary to the Edict of Pope Vrban of happy memory In another Epistle formerâ—y writ to the same Vrban he gives him to wit how Philip had sent Ambassadours unto him with prayers in one hand and threats in the other such as these That the King and Kingdome would relinquish their obedienec to him unlesse he did restore the King unto his crowne and absolve him from the sentence of excommunication And afterwards he advertiseth him how the Arch-Bishops of Rhemes Sans and Tours had by injunction from the King appointed their suffragan Bishops to meet at Troyes the first Sunday after All-Saints day after he should have returned his answer Whence we collect two things first that the Bishops of France did not cease to acknowledge their King nor to obey him and communicate with him notwithstanding the prohibition from the Councell of Cleremont next that they were very ready to put in execution those threats which the Ambassadours went to make unto the Pope in case he did not condescend unto the Kings pleasure And yet that was as renowned a Councell as this of Trent if not more where the Pope himselfe was present in person where that great Croisada for the holy Land was concluded upon and one of our Historians speaking of it calls it in terminis The great Councell In the yeere 1215 Innocent the third in a generall Councell holden at Rome did excommunicate Lewes the eldest sonne of Philip Augustus King of France with all his adherents The same yeere saith an English Monke upon S. Martins day was there a generall
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
behalfe certaine angry letters to the Orientall Bishops assembled at Antioch gaining nothing at their hands hee addressed himselfe to the Emperour Constans and perswaded him to write to his brother Constantius to send certaine Bishops to Rome to answer for their rejection of Paul and Athanasius Lastly after some other accidents which befell about that point it was decreed by the will and pleasure of the two Emperours that the Bishops of both sides should meet at a day appointed in Sardis a City of Illyrium All that wee say is related by Sozomen without any intermixing of ought of our owne So that it is not without good reason that the Easterne Bishops imputed the shortnesse of the time unto the Pope seeing they had occasion to beleeve that hee had prosecuted and obtained the holding of that Councell without allowing them sufficient space to come thither CHAP. II. Other examples to prove that the Popes consent was not required to the calling of Councels 1 HEre Bellarmine stops and speakes not of other Councels which were holden afterwards it is true that he seems to dissipate and dispell all that we have replyed concerning the former Councels with one puffe that is that for foure or five Councels which the Emperours called the Popes have called a dozen Hee puts us upon the necessity of urging other examples over and above the former If any of those with whom Bellarmine bickets had delivered a thing so exorbitant and remote from all truth hee would have given them the ly and hooted at them Let us shew the contrary without passion without calumny for these are things mis-beseeming learned men and especially those that meddle in these matters 2 The fifth Generall Councell holden at Constantinople under the Emperour Iustinian was called by him without the Popes consent This is proved out of his owne letters Wee have summoned you saith hee unto the royall City exhorting you in generall that when you are come thither you would declare your opinion and your minds about these matters Nicephorus witnesseth as much The Emperour Iustinian saith hee called the fifth Oecumenicall Councell and cited the Bishops of all Churches unto it upon this occasion 3 The sixth Generall Councell was called at Constantinople by the Emperour Constantine the 4 as Zonaras testifieth Constantine saith hee being an Orthodox Prince laboured to unite the Churches that were at oddes by reason of the heresie of the Monothelites who sprang up after the reigne of Heraclius his great Grand-father whereupon he called a Councell at Constantinople Martinus Polonus ascribes the Convocation of that Councell to the Emperour Constantine and speaking of Pope Agatho hee saith nothing of him but onely that the sixth Synod was holden in his time 4 Hee saith as much of the first Nicene when he speaks of Constantine the Great and Pope Sylvester But for the Popes consent there is no newes at all The Popes themselves witnesse this truth in their Decree compiled by Gratian. For it is said in the sixth distinction The 6 holy Synod after the publication of the sentence against the Monothelites the Emperour that called it dying presently after c. And in another place The sixth Generall Councell was holden at Constantinople in the time of Pope Agatho by the care and diligence of the Emperour Constantine who was there in person The Popes verily have done themselves a great deal of wrong that they declared not that Convocation to bee made by their authority for it is not their fashion to forfeit their right for want of demanding or of publishing it 5 The Acts of the second Nicene which is the seventh General Councell tell how it was called by Constantine and his Mother Irene The holy and Generall Synod assembled by the pious Decree of those Emperours in the most famous City of Nice the Metropolis of Bithinia And this is confirmed by that letter which Tarasius Patriarch of Constantinople writ unto a certaine Priest inserted in the Acts of the Councell and by that which Zonaras speakes of it 6 The eighth Generall Councell which is the sixth of Constantinople was called also by the Emperour Basil witnesse Zonaras Basil saith hee come into the great Church upon a festivall day to receive the unbloudy sacrifice was hindered by Photius the Patriarch who called him murtherer but he being incensed with this repulse calling a Councell cast Photius out of the Church 7 Cardinall Cusan freely confesseth that the Emperours had anciently this right of calling Councels Yea he affirmeth that the eighth General whereof we have spoken were called by them Howbeit saith hee wee read that the Generall Councels were ofttimes called by the Emperours yea all the eight as may bee proved out of their Acts yet notwithstanding in those Councels the Pope had alwayes the authority of presiding So then in his opinion the Pope had no share in the calling that 's all which we demand for the present As for the presidence that 's another matterâ— wee will speake of it anon 8 This is no small thing that all the eight General Councels were called by the Emperours I say the eight Generall which are acknowledged to be such by the Pope But we will finde more yet Theodoret speaking of Athanasius's adversaries saith Hee perswaded Constantine the Emperour to call a Councell at Cesarea in Palestine and to command that Athanasius should bee arraigned but St. Athanasius knowing the malice of his Iudges went not to the Councell He afterwards addes Hee suspecting that Athanasius would not appeare in Cesarea by reason I suppose of the Bishop of that place commanded that the Councell should meet at Tyre Eusebius in the life of Constantine speaking of the same Synod of Tyre saith The Emperour called together a great company of Bishops out of Egypt Africa Asia and Europe and opposed them as an army of God against that enemy of mankinde 9 The Acts of the first Councell of Carthage teâ—tifie that it was called by Constantine where Crates the Bishop of that City speaketh thus Lâ—t us thanke God that he hath inspired the religious Emperour Constantine with a desire of the union of the Church and to send Paul and Macarius servants of God as his ministers in this holy worke to the end that wee may holâ— Councels in divers Provinces 10 Theodoret speaking of the Councell of Antioch About that time saith he Constantine making his abode at Antioch called and assembled the Bishops together againe 11 The Councell of Aquileia writes thus unto the Emperours Gratian and Valentinian Wee give you thanksâ— most milde Princes that for the taking away of all quarrels you have taken the paines to assemble an Ecclesiasticall Councell and of your bounty have done this honour unto the Bishops that such as would might come and no man bee compelled 12 About the yeere 413 The Emperours Honorius and Theodosius the younger called a Councell at Carthage consisting of 313 Bishops for the
over General and Oecumenical Councels they stickle for it over others also Pope Symmachus tels us â—o very roundly The Councels of Priestâ— which by the Ecclesiasticall Canons ought to bee holden every yeere through the Provinces have lost their force and power inasmuch as the Pope is no longer present with them It is true indeed that Gregory the thirteenth when hee purged Gratians Decrets puts those words upon Damasus's adversaries and to helpe them for a shift the ensuing words upon him Silly fooles that you are did you ever read of ought that was determined in them but by appointment from the See Apostolique and without having constant recourse to that See to consult when any matter of importance was in hand 3 Yet still this makes the validity of these Councels to depend upon the Popes authority And Pope Gelasius is in the same tune saying That it is not lawfull to assemble any particular Councell nor was it ever permitted so to doe but when any question was to bee resolved either touching some doubtfull passages in Generall Councels or touching salvation recourse was wont to bee had unto the See Apostolique The severall Acts of Councels both Provinciall nationall and Generall holden in divers Countries may easily convince these domestique testimonies of falsity in asmuch as it is plainly evident from them that those Councels were holden without the presence authority or consent of the Popes and yet withall they made some Canons whereof the Popes afterwards served themselves and were well content they should be enrolled in their books 4 Wee have also divers presidents of sundry Councels holden against the the Popes as that of Rome called by Otho the Emperour against Pope Iohn the 12 about the yeer 956 Another called about 1040 by the Emperour Henry the 3 against the Popes Bennet the 9 Sylvester the 3 and Gregory the 6. That at Sutoy a town in Tuscany called by Henry the 4 Emperour against Bennet the 10 ann 1058 That at Brixine called by the same Emperour against Gregory the 7. about the yeere 1083 As also the first and second at Pisa the one against Gregory the 12 and Bennet the 13 the other against Iulius the second There is not one of all these which was either called or consented unto by them at first and I am much deceived if ever they were confirmed by them after CHAP. VI. That notwithstanding all these authorities the Popes doe arrogate unto themselves the power of calling Councels and how long it is since they usurped it 1 IT is not without good reason that wee have produced so many passages to prove by the testimony of all antiquity that the right of calling Councels belongs to the Emperours and not to the Popes and that their consent or advise was never required thereunto considering that if wee give ear to them there is no man how great soever hee bee in place that may interpose himselfe in this businesse but themselves And if wee must stand to their words it is a judged case Observe I pray you how they speake of it The power of calling Generall Councels saith Pelagius the second was by speciall priviledge devolved upon the See Apostolique by Saint Peter And Leo the first that so belaboured the Emperours Theodosius Valentinian and Marcian to obtaine leave of them that a Generall Councell might be called saith in a certaine epistle of his directed to a Spanish Bishop Wee have sent out our letters to our brother-Bishops and summoned them to a Generall Councell Sixtus the third saith Valentinian the Emperour hath called a Councel by authority from us So Pope Marcellus and Iulius the first affirme That Councels cannot bee holden without the authority of the See of Rome 2 As for Pelagius wee must tell him by his good leave that it is not true which hee saith and desire him to answer all the fore-cited authorities And for Pope Leo if the will may passe for the deed it was hee that called the Councell indeed for I doubt not but hee was as greedy of arrogating this to himselfe as the presidency for which hee was at daggers drawing with Dioscorus who as hee said had cozened him of it underhand But it may be hee goes not so farre as some would beare us in hand for he meanes onely of a Generall Councell of all the Bishops of Spaine but not of all Christendome The entire passage which is mangled and cited by Bellarmine is as wee have formerly alledged it conceived in these termes Wee have sent out our letters to our brethren and fellow-Bishops of Tarraco Carthagena Portugall and Gallicia and have summoned them to a Generall Councell And it seemes he much distrusted his owne power for hee addes But if any thing hinder the celebration of a Generall Councell which God forbid yet at least let the Clergy of Gallicia assemble themselves Now he that should grant the Pope this power of calling a Councell of the Bishops of Spaine should give him onely the authority of a Patriarch in the West but not in Africk nor in the East So that there is nothing gotten by this place for the calling of Generall Councels and for others we shall speak of them anon 3 Now for Sixtus we will demurre upon an answer for him till such time as he hath proved unto us that the Emperour called that Councell which hee speaks of by authority from him And for the saying of Marâ—â—llus and Iulius it is capable of a tolerable construction for they speake not of the calling but of the holding of Councels 'T is true indeed that for the holding of them they take too much upon them by the word Authority they should have used another terme for that is too imperious to expresse what they intend For all the authority they pretend to comes but to this That a Generall Councell cannot be holden unlesse they be called to it Which we grant to be true And this is the meaning of that old Ecclesiasticall Canon mentioned by some authours Which forbids the making of Decrees in the Church or as Bellarmine expounds it the celebration of Councels without the opinion and advise of the Bishops of Rome The application which Pope Iulius the first makes of it clearly proves as much when hee complaines that hee was not called to the Councell of Antioch where Athanasius was condemned charging them for that with the breach of that Canon Iulius saith Socrates in his letters to the Bishops of the Councell of Antioch tels them they had offended against the Canons of the Church in that they called not him to the Councell Forasmuch as the Ecclesiasticall Canon forbids the making of any Decrees in the Church without the opinion and advise of the Bishop of Rome 4 And Sozomen saith Iulius writ to the Bishops which were assembled at Antioch accusing them for seeking after novelties contrary to the faith and beliefe of the Nicene Councell and contrary to the lawes
a many blowes laid on all at once St. Ierom acknowledges the Pope for his superiour in exhibiting his Creed unto him hee hath recourse unto him as to an Oracle submits himselfe to his judgement which hee extols above all So then it must bee one of these two either he is a flatterer or he is a lyer seeing in another place hee hath ranked the Pope so low But it may bee well maintain'd that hee is neither so nor so The Bishops and others of the Clergy had a laudable custome in ancient time one of them to communicate with another by letters or otherwise and mutually to declare the faith they were of and the doctrine they felloweâ— We could produce divers instances hereof but we shall content our selves with one which gives full satisfaction to all that can be collected from the former passages It is Pope Liberius's epistle written to Athanasius containing a rehearsall of his faith with a request that hee would approve it that so he might bee more assured of it Wherefore saith he I beseech you brother Athanasius to subscribe to this confession that I may be more assurâ—d of it and may fulfill your commands without delay Hee that shall take this passage in the strictest sense will make brave stuffe of it That a Pope who is the universall head of all the Church and for whom it is not possible to erre as Bellarmine saith would bee further assured in his faith by the approbation of a Bishop that hee submits himself to do his commands This is too much Say we then that they are words of complement aswell in the one as the other Those which St. Ierom useth are more respective indeedâ— but wee must consider withall that it was a meere Priest which spoke to the Pope Besides it was the part of a good Oratour to extoll the Pope and his authority that so hee might gaine his consent and bring him to approve of that his confession 19 Nor will I ever deny but that the See of Rome had alwayes a great deal of lustre and much honour was alwayes given unto it but never so much as to make it a soveraigne Iudge and state it above a Councel We might further confirme this by divers other testimonies of Popes They themselves have granted that they may be judged when there is a schisme amongst them and the election is not rightly performed as also when they erre from the faith This is enough to prove that they are inferiour to a Councell The glossatour goes yet further when he saith That a Simoniacall Pope or an adulterer or he that scandalizeth the Church by any other notorious crime and is grown incorrigible may be accused Now in all these cases they must be judged by a Councel as the same Glossatour expounds it whence it follows that they are inferiour to it CHAP. III. Popes judged by Councels 1 THe Councel of Sinnesse in Italy condemn'd Pope Marcelline because hee had sacrificed to Idols Marcelline fell upon the ground before the Synod and lying prostrate all along in that manner hee was condemn'd by the Synod These Acts are more to bee credited than Pope Nicholas who saith that never a Bishop durst pronounce the sentence of condemnation against him or Bellarmine who saith that Marcelline first condemn'd himselfe 2 These answers cannot serve in Pope Honorius his caâ—e who was condemned of heresie by the sixt Generall Councell holden at Constantinople Together with these say the Acts we have cast Honorius who was Pope of old Rome out of the holy Catholique Church of God and have anathematized him because we finde by his writings directed to Sergius that hee hath followed his opinion in all things Here they apply another plaister this is say they for the crime of heresie and it is the Glossatours pleasure to comprehend symonie adultery and other crimes whereby a man may fall into contempt under this of symonie This will prove anon all one with the times of some Emperours under whom there was but one crime namely that of treason but that included all others For to pisse in his hose as they say or at least against a wall was treason 3 The Emperour Otho called a Councell of the Italian Bishops By whose judgement saith Platina the life of this so lewd a person hee speakes of Pope Iohn the thirteenth was to be judged but hee being afraid of the judgement of honest men fled away This Pope durst not rely too much upon his letters of Tonsure I meane upon the Popes priviledge which is that he cannot bee condemned by any but God himselfe He chose rather to dye miserably being stricken by the Devill as Platina saith than submit himselfe to that judgement We must here observe that Platina relates but halfe the story as in many other things for feare of prejudicing the Popes prerogatives but Luitprand a Clergyman one imployed in affaires and who lived at the same time tels us all the businesse from one end to the other Namely that hee was informed of to the Emperour by the Bishops the Clergy and Citizens of Rome for divers crimes that the Emperour called a Councell consisting of the Cardinals Patriarchs and Bishops of Italy Germany France and the prime Citizens of Rome in St. Peters Church in Rome that the Pope was commanded to appeare by the Emperours letters that he disdaining to make appearance the Bishops of the Councell after they had understood the heads of the accusation and the crimes wherewith he was charged were all of one opinion that Iohn ought to be degraded and deposed from the Papall dignity desiring the Emperâ—ur to depose him and put another in his place Which was done accordingly Another Historian saith almost as much of him at least he speakes of his condemnation by the Councell The King having assembled a Councell he speakes of the Emperour Otho caused Pope Iohn whose name was Octavian to be deposed though he were absent being accused of divers crimes for he had declined the judgement by flight and caused Leo to be put in his place Wee must here observe that this Pope Iohn was not accused of heresie but of fornication and symony and leading a scandalous life as appeares by the rehearsall of the crimes objected against him set downe by Luitprand 4 Which we will further confirme by the testimonie of Theoderic à Nihem who hath some remarkable passages to this purpose Now that the Emperour saith he hath power over the Pope especially if hee be wicked and incorrigible and such a one as scandalizeth the Church doth sufficiently appeare from the acts and exploits of the Emperours or Kings of the Romanes For Pope Iohn the twelfth others call him the thirteenth was sans controversie or dispute the alone Pope who before his Papacy was called Octavian descended of a noble and potent family who after he was admitted into the Popedome gave himselfe sometimes to the hunting
for any of the faithfull to make appeal and by consequent not from the Councel neither forasmuch as concernes the Articles wherein it is certaine the Councell is governed by him and that hee presides there by a speciall grace and lustre to wit in what concernes faith the extirpation of schismes and the reformation of the Head and the members How can it be otherwise but an open contempt of the majesty of God and almost a piece of Idolatrie to appeale from a Councel to the Pope in such cases what is it else but to appeale from God himselfe who is confessed to preside in a sacred Councell for such things unto a meere man and to take the power of judging from God the Creator and devolve it upon a man what is it else but to preferre a man before God as a more just Iudge than he 5 The Vniversity of Cracovia gave also their advice and counsell concerning this point unto Ladislaus King of Poland and Hungary consonant unto the former but farre more large containing some very prety reasons to prove that the Pope is inferiour to a Councell out of which wee shall bring onely some passages to make it appeare what their resolution was First of all it is said That a Generall Councell representing the Church Catholique is a rule directed by the Holy Ghost and given by Christ Iesus which every one is bound to hear and obey of what estate and condition soever he be although he be a Pope And in another place Whence it followes that the Pope is not head of the Catholique Church nor of a Generall Councell which represents it but he is head in respect of particular Churches and particular members in the Church In reference to whom he is supposed to have full power as the Vicar of Christ. And elsewhere Wherefore let this bee the third conclusion concerning this point That every Generall Councell lawfully assembled in the name of the Holy Ghost doth represent the Catholique Church and hath its power immediately from Christ. This proposition hath no need of proofe considering that it hath its proofe and foundation from the decree of the Generall Councell at Constance See here the very words of it that wee may not bee put to repeat them hereafter These are the two Decrees of the said Councell which wee have inserted here before After which it is said Behold the Constitution of the sacred Councel of Constance which may suffice to make any man content unto this conclusion considering it is the assertion of the Catholique Church After the proofe of the said conclusion they proceed unto the fourth in this manner And forasmuch as the Catholique Church and the Generall Councell which represents it hath its power immediately from Christ by the foâ—mer conclusion let this now bee the fourth The power of the Church Catholique as also of every Generall Councell lawfully assembled which doth represent it is above the power of the Pope and all other power whatsoever upon earth to which every one of what estate condition or dignitie soever hee bee though it bee Papall is bound to obey and submit himselfe And if he will not obey he may be punished with condigne punishment This conclusion they prove by many reasons and authorities which it would be long to set downe in this place Wee shall onely say how that serving themselves with the authoritie of the Councell of Constance and having related at large all that passed in that respect they adde All which facts of that Councell are and will be a perpetuall memoriall unto succeeding generations Whence it plainly appeares whether a â—enerall Councell have any jurisdiction over the Pope or no. Which every bodie that hath any judgement may easily know Where it is to bee observed that the authoritie of the Councell of Constance was not any way doubted of in those dayes but continued generally approved by all in this respect In another place it is said Whence it may be inferred that although it be convenient the Pope in some sort should be called the head of the Church yet ought he not therefore to preferre himselfe before the Church Yea it might perhaps be inferred from hence that eo ipso because hee quarrels with the Church for superioritie either in his actions or affection hee not onely is not superiour but also that he is no member of the Church as one that is ill opinion'd of the authoritie of the holy Mother the Church and deficient in the true faith It is further said towards the end of that conclusion Whatsoever hath been heretofore delivered in this point by the Glosses and Doctors sometimes for the affirmative sometimes for the negative part we must now stand to the decision of it made by the sacred Councell of Constance for as much as concernes those cases expressed in their Decree to wit when the question is about faith or the extirpation of schismes or the reformation of the Church in the Head and members and in cases thereunto belonging as when the controversie is about a notorious scandall and so of others In all these the Pope is inferiour to a Generall Councell And if any man be strongly confident of the contraryâ— he ought to bee esteemed a heretique I could yet extract some other passages but see here is more than needs for them that hold the contrary 6 Now we come to our Vniversities of France which have all approved this opinion That the Pope is inferiour to a Councell Which they did not by their severall counsell and advice as those of Germany and Poland but being all Synodically assembled at the Councell of Bourges together with all the Prelates and chiefe Lords of the Land as it is affirmed in expresse termes in the narrative of the Pragmatique Sanction whose words wee have set downe in another place 7 And for that of Paris as she excels all the rest in dignitie and knowledge so hath she perform'd the bravest exploits in this regard For shee not onely approved the Decrees of the Councels of Constance and Basil at that time but even after that when she saw that Pope Leo the tenth went about to repeale them in the Pragmatique Sanction by the Councell of Lateran and by the Concordats made with King Francis shee put in an Appeale to a future Councâ—ll with such masculine and generous termes as the honour of France might require as appeares by certaine passages which we have drawne out of them bâ—foâ—e when we spoke of Appeals from the Pope to a Councell 8 Besides the second Councell of Pisa holden in prosecution of those of Constance and Basil did her the honour to desire her to write against Cajetans booke wherein he maintaines that the Pope hath authoritie over a Councell See here the letters which were writ unto her upon that occasion The holy Councell of Pisa lawfully assembled in the name of the Holy Ghost representing the Church Catholique and by way of continuation removed to
so as that our Pragmatique and the Councell of Basil stand good still Besides it was abrogated for as much as concerned the contumacy of Prelates Chapiters Parliaments Laymen other French which stood upon that pragmatique who had been cited divers times in vain Loe here now a strange manner of proceeding to pronounce a sentence of condemnation after a solemne agreement made to compasse that meanes what was denied them by the compact And as for the abrogation of it made afterwards by the same Session it is repugnant to this agreement which being made onely about certaine chapters of the Pragmatique Sanction the rest that were never touched upon remaine still in their full strength 31 Besides the Vniversitie of Paris put in an Appeale to a future Councell about the abrogation both of the Pragmatique Sanction and of the Councell of Basil testifying by that very Act that they firmly beleeve that a Councell is above the Pope and in very deed there is none but knowes that this Vniversitie holds the contrary opinion for hereticall unto this very day and Theses are ordinarily proposed and disputed against it one whereof my selfe have seene and have it in my custody conceived in these termes Concilium supra summum Pontificem eminet maximè A Councell is eminently farre above the Pope CHAP. VIII A refutation of those reasons which Pope Leo with his Councell of Lateran urgeth to prove his authority over Councels 1 IT is not enough to have laid open the lightnesse of Belmines reasons wee must answer those of the Lateran Councell Leo then and his Conventicle after they have set downe this rule That the Pope is above a Councell and that by virtue of this power hee may call change and dissolve it at his pleasure he underprops it with divers reasons The first is this That the Councell of Alexandria where Athanasius was present writ to Felix Pope of Rome how the Synod of Nice had decreed that Councels ought not to bee kept without the authority of the Pope of Rome 2 This authority is taken out of the Epistle of the Egyptian Bishops written to Pope Felix which is suspected for supposititious by all those that have any cleare insight and which know how they can tell to forge things at Rome where instead of al other miracles they have kept this of making dead meÌ„ speak But granting it be genuine our answer is that there can nothing be concluded from thence but onely that Generall Councels cannot bee valid unlesse the Pope of Rome be summon'd thither seeing hee hath as much to doe in them as other Patriarchs which is particularly mention'd of him rather than others because of his remotenesse by reason that generally Councels were most commonly holden in the East For this very reason he had power to chuse for his ordinary Legats the Bishops of Athens Corinth Crete and others of those Countries notwithstanding that they were beyond his bounds and not subject unto him as a Patriarch of Antioch hath it But we have spoke sufficiently of this in another place 3 The next reason is because Pope Leo removed the second Synod of Ephesus to the City of Chalcedon We reade indeed that Pope Leo complained of the second Synod of Ephesus that hee entreated the Emperour Theodosius to call another in Italy to have an account of the former that hee imployed Valentinian the Emperesses yea all the world to obtaine that request of Theodosius who plaid the deafe man and would not hearken to it â— that after his death the Councell was called by Valentinian and Martian not in Italy as he desired but at Nice in Bithynia that the same Leo having intreated that it might be deferred could not obtaine so much at those Emperours hands that they afterwards translated that Councell from Nice to Chalcedon But how should we beleeve another man that Leo translated it from Ephesus to Chalcedon when he himself saith the contrary Who could better know than himselfe What can be more authentique than the very letters of the Emperours that were the authors of the translation which are joyned with the Acts of the Councels But grant that hee transferr'd the Councell from one place to another it is a very weake consequence to say therefore he is above it The Emperours will have as much authority as he who transferr'd them from one place to another yea and made them come all in corps after them from one countrey to another to render a reason for what they had done as wee have proved elsewhere 4 Let us come to the third reason Pope Martin the fift gave his presidents at the Councell of Siena power to remove the Councell without any mâ—ntion made of the consent of that Councell If Leo and his Councell will make us beleeve that they must abolish the memory of all those other precedent Councels It was decreed in the thirty ninth Session of the Councell of Constance That Councels should bee kept from ten yeares to ten yeares in such places as should be nominated by the Pope within a moneth before the end of every Councâ—l with the approbation and consent of the Councl or in case of his default by the Councel it self It is further said that the place being once appointed it shal not be altered by the Pope without apparent necessity in which case he may do it with the consent of the Cardinals or two parts of them According to this Decree this Pope Martin of whom wee speak before the breaking up of the Councellâ— did nominate the City of Padua for the holding of the next Councell that should be called Which he did with the consent and approbation of the said Councell as it is affirmed in expresse termes When the question was about going to keepe that Councel the same Martin sent forth a Buâ—â— conteining the creation of his Presidents to assist there declared the nomination which he had made with the consent and approbation of the Councell and gave them power upon lawfull cause to translate it from one city to another to prorogue it dissolve it preside at it make Decrees and other such like things But with this clause which relates to all the things aforesaid Eodem approbante Concilio with the approbation of the same Councell 5 But this is not all yet When the Councell was assembled at Siena he was earnest with the Fathers thereof to change the place they consulted upon it and resolved to goe to Basil So say the Acts The Presidents convoked the Deputies for all the nations of the present Councell of Siena about chusing the place for the future Councell And anon after They did nominate and chuse the City of Basil unanimously and with one common consent And yet after it is said That the Presidents assented to the nomination which was made by the Deputies Now how shall we beleeve this alteration was made or that Martin did
attempt to doe it without the consent of the Councell Hee I say who approved the Decrees of it which is more as it hath beene demonstrated in another place 6 The fourth reason is That divers Synods have given a great deale of reverence to Popes and have obeyed their injunctions and commands with all humility There was no necessity of saying so much for fear it should be denied For reverence sake a great deal of honour was ever done to the See of Rome it was acknowledged to bee the first in degree and dignity but not in power and authority Besides the Pope was put to wrestle for honour with the Patriarch of Constantinople and the Archbishop of Ravenna by reason of the translation the one of the Imperiall seat the other of the exarchat into their Cities pretended that they had got the prerogative of honour The other Patriarches had scarce any lesse than he sometimes more was done unto them and sometimes lesse The Popes for their part ever made good use of it they were never ashamed to proclaime their owne praises and they lost nothing for want of challenging They have often turned the faire proffers which were made unto them into strict obligations and have monopoliz'd to themselves what was common to all But to doe them a courtesie let us grant them some speciall favour and prerogative From all these honours and respects there can bee nothing concluded as for authority and power we have no more to doe but set up our staffe there 7 The last is more pressing which speaks of the humble obedience which Generall Councels have done unto them Let us therefore examine those examples which are urged upon us The first Councel of Ephesus granted it to Pope Celestine in obeying his Decrees What a ly is this Pope Celestine in a Synod which he held at Rome of the Westerne Bishops condemned the opinion of Nestorius Bishop of Constantinople gave notice of the determination of his Synod to Cyrill Patriarch of Alexandria and before hee speake of the Generall Councell of Ephesus hee entreats the same Cyrill to cause that to bee put in execution which had beene defin'd at Rome from whence an argument for his presidence is drawne as much to the purpose as the rest Being advertised of the Councel of Ephesus hee sends his Legats thither of a truth they speake some magnificent things tending to the Popes advancement but of which they can make no great booty saving only that the Councel was glad that the definition of the Westerne Bishops was found conformable to that which had beene made by the Easterne And to this intent The Synod decreed Considering the Legats of the See of Rome have spoken such things as are conformable to what had beene formerly determin'd they would subscribe to their Acts that they might continue constant to their promises And presently they sent letters to the Emperours Theodosius and Valentinian wherein they say That God hath touched the hearts of the Western Bishops with a godly zealâ— for although the length of the journey did not permit all that multitude of Bishops to come to Ephesus notwithstanding being all met together in one place the most holy and most devout Celestine Bishop of Rome being present and presiding amongst them they have determined in point of faith conformably to what wee had defined and have declared those that are of a contrary opinion unworthy of Priesthood and of all Ecclesiasticall honours and degrees And Celestine the most holy Bishop of great Rome had signified by his letters this opinion of his and of those that were with him before ever there was any mention of holding a Councel at Ephesus and had sent to Cyrill the most holy Bishop of Alexandria and wel-beloved in the Lord to prosecute and performe what had been concluded upon at the Synod of Rome substituting him in his place And not content with that he hath now repeated the same things againe by other letters directed to this Synod assembled here at Ephesus by your command which he hath sent by his Legats which doe represent at this present his person in the Councell All this they informe the Emperours of to let them see that the condemnation of Nestorius was concluded by the common consent of the Church Vniversall 8 Now if they call this obeying the Popes Decree we may say as well that the Pope obeyed the Decrees of the Councel of Alexandria holden by Cyril in as much as when he had notice of them from Cyril hee wholly conform'd himselfe unto them The Councell of Chalcedon did strictly examine the confession of faith which was sent them by Celestine yea and mended something which did not run well gave leave to any that would to contradict it cast him in the case of honourâ— which he tooke in great disgust In that answere which was made unto him this piece is indeed to his advantage That hee was to the Councel as the Head to the members in the person of his Legats But this is in regard they were as a head to the rest of the Clergy as having the first degree of honour yet without presiding there as wee have exprest at large in another Chapter As for the humble obedience in question they must seeke it elsewhere for there is no more spoke of it here than is to Pope Agatho Hadrian and Nicholas in the sixt and eight Councels 9 The Councel that yeelded the most to the Popes was the eight Generall holden at Constantinople which granted Hadrians Legats the Presidence which the rest never did and which decreed with a great deale of respect concerning the accusations of Popes But it never came so farre as to doe him humble obeysance or to acknowledge him for its superiour as is pretended 10 The fifth reason is the declaration which the Bishops of Italy made to the Bishops of Illyrium touching the Councell of Ariminum which they said was invalid because it wanted the Pope of Romes consent and Pope Leo's declaration to the Bishops of Sicily wherein he pretends the very same reason Wee have an epistle of those Bishops extant at this day by the meanes of that learned French man to whom all Christendome is so much beholding which discovers unto us the Popes cunning to manage their designes They condemne indeed the Councel of Ariminum But why that they tell us We do justly reject the Decrees and determinations of the Councell of Ariminum with the consent of all the Provinces as having beene corrupted by the prevarication of some body Wee send you the copy hereof to the intent that there may bee no difference neither in retaining the same saith nor in rejecting the Councel of Ariminum As for Pope Leo wee make no question but hee might have done that which is put upon him although the letter which hee writ to the Bishops of Sicily make no mention of it For hee onely tels them that they must send every yeere
answered at large 20 22 The Presidents in the fifth 23 And sixt General Councels appointed by Emperours 24 25 Not by the Pope 31 Emperours not bare spectators in Councels nor mere executioners of their Decrees 32 As the Councel of Trent makes them Chap. XII p. 182. 1 THat the Pope hath no concurrent right to preside in Councels with the Emperours 2 Bellarmines reasons to prove the Popes Presidence in the Councel of Nice answer'd 3 Whether Hosius were President there 4 That the Pope presided not in the second Generall Councell 6 Nor in the third 7 In what nature Cyril of Alexandria presided there 8 Nor fourth 9 Nor could he have presided in the fift if he would What is meant by Prince in a Councel 10 The Popes carriage concludes his pretended presidence 11 The Pope no President in the sixt Councel 12 The seventh eighth uncertaine 13 The Popes presided in the eight Generall Councel 14 Yet doth not that destroy the Emperours right 15 As some Popes have given out Chap. XIII p. 188. 1 THat the Presidence in nationall Counâ—els belongs to Kings and Princes 2 3 c Proved by sundrie examplâ—â— of the Kings of France 11 Englandâ— 12 And Spaine 13 Princes did not alwaies exercise this power Chap. XIV p. 191. 1 THe power of authorising Councels given to the Pope by the Trent Councell 4 How generall Councels were anciently promulgated and authorised 5â— 6 How Provinciall 7 The power of approving Councels belongs no more to the Pope than to others 9 His rejection of no more force then others 10 Councels anciently confirm'd by Emperours 12 Published and promulgated by them 13 14. Provinciall Councels confirmed by particular Princes as in France BOOKE IV. Chap. I. p. 197. THat the Councel of Trent indirectly advanceth the Popes authoritie above a Councels 2 By suffering him to command them as he did 13 And to mulct 14 And transferre them 15 16 Pope Iulius Paul more bold with the Trent Councel than Eugenius with that of Basil. 17 20 But with unlike event 21 The Popes authority in all things reserv'd by this Councell 22 23 Which ought not have been done 24 The whole power of expounding the Decrees wrongfully given to the Pope 26 Their desiring his approbaâ—ion 27 The oath of obedience to him inusuall and injust 28 So was the Popes creâ—ting of Cardinals during the Councel 29 And his taking upon him to accord Princes 31 Depriving Councels of the election the Pope 36 The faculties of Legats derogaroty to Councels Chap. II. p. 206. 1 THat the Pope is not above a Councel 2 For so no need of Councels 3 So the Pope should be the Church which is absurd 4 5 6 What is meant by Tell it to the Church 7 Popes have confess'd themselves inferiour to Councels 9 10 11 The authority of Provinciall Councels greater than the Popes 13 14 Much more of Generall 15 16 c. Saint Ieroms testimonie about the Popes authoritie examined Chap. III. p. 212. 1 POpes may be and have beene judged by Councels 2 Yea and condemn'd too 3 4 Pope Iohn deposed by a Councell 8 Popes in fact have used Councels against other Popes 9 And submitted themselves to their judgement 11 The quarrell betwixt the Pope of Rome and Patriarch of Constantinople judged by the Councell of Chalcedon 12. The Popes definition of faith examin'd there 17 A cause judg'd by the Pope may be judg'd againe by a Councell as Saint Austin Chap. IV. p. 217. 1 OF severall Appeals that have been made from Popes to Councels whereby the superiority of Councels are proved 2 Appeals made by Emperours 3 By Generals of Orders 5 6 By Kings of France 7 By the Vniversitie of Paris 8 A copy of their Appeal 9 Such Appeals allowed by Canonists 10 11 12 Bellarmines three examples of Appeals from Councels to the Pope answered Chap. V. p. 217. 1 THat a Councell is above the Pope proved directly First from the decrees of Councels 2 As of the first Pisan. 3 Those of Constance Basil Bourges 4 That of Lausanne 5 Another of Pisa. 6 7 8 All which Councels were either called or approved and confirm'd by Popes 9 A reference to severall authours that teach a Councel to bee above the Pope Chap. VI. p. 224. 1 THe opinions of severall Vniversities touching the authority of Councels above the Pope 2 As the Vniversitie of Cullen with their reasons 3 The Vniversitie of Erford 4 Of Vienna 5 Of Cracovia 6 7 Of Paris 9.10 The Councels of Constance and Basil in this point approved by most of the Kings in Christendome 11 Particularly by the French in the Pragmatique Sanction 12 Which is still in force Chap. VII p. 230. 1 2 EXceptions against the validity of the former Councels answerd 3 The absence of some Prelate destroyes not the generality of the Councell of Constance 4 Because they were schismatical and so judg'd by the Pope Nor was it destitute of a lawfull Pope 5 But confirmed by one Bellarmines evasion refused 7 And retorted against the Trent Councel 8 The Councel of Constance approved by succeeding Councels as that of Basil. 9 10 11 12 And this confirmed by three severall Popes 13 14 Nor generally rejected by the Church 15 but onely by some and in part 17 18 c. The validity of the Piâ—an Councell asserted the nullity of the Laterane and the story at large of both 21 The oath of the Cardinals for reformation 22 Pope Iulius his perjury 23 Which occasioned the calling of the Pisan Councell 24 25 His demeanour in it 26 His conditions 27 The Lateran Councell justly rejected 28 As prejudiciall to France 29 Is but a Conventicle 31 And appeal made from it by the Vniversity of Paris Chap. VIII p. 241. 1 A Refutation of those five reasons which Pope Leo with his Councell of Lateran urgeth to prove his authority over Councels 2 The first drawne from a supposed Decree of Nice 3 The second from Pope Leo's translating the Councell of Chalcedon Which is neither true nor proving 4 The fourth that Pope Martin did the like but not without the consent of the Councell 6 The fifth from the Popes prerogative above others This granted for honour not for authority 7,8 Obedience of Councels to Popes pretended not proved 10 The fifth reason drawn from hence that some Councels have desired the Popes approbation Refuted 11 Retorted 12 The repeale of the Pragmatique 13 14 Invalid and never admitted 15 Pius the seconds inconstancy 18 Bellarmines argument from the order of names refuted BOOKE V. Chap. I. p. 249. 1 ABuses committed by the Pope in matter of Indulgences 2,3 An occasion of much wickednesse 5,6 c. A Bull of large Indulgences granted by the Popes in the time of the Trent Councell to the Fraternity of the Sacrament of the Altar 42 The abuse of Indulgences anciently complain'd of 43,44 The doctrine condemned by Gerson 50 Reformation hereof demanded at the Councell of Trent 51 But not obtain'd
medled with the reformation of the Pope how they spoke of his excessive power of the abuses and misdemeanors of his Court of his injust attempts and the little care which he hath of his spirituall charge and the good of soules This was a rocke they must not touch upon in any case And so well they knew how to steere for their best advantage that whosoever reads their Decrees cannot choose but forthwith confesse that it is a worke meerly Papall and such as none else could have a hand in and will ever remaine of this opinion that this last Councell is nothing behinde with those of Florence and that of Lateran which were called of purpose to disannull that of Basill and the second of Pisa just as this of ours was to stop the clamours of the Christian Princes and people lest they should have put up one or other in Germany like to the first of Pisa or some others held in after ages For you shall never reade of any Councell that was so much to the Popes honour and good liking as this Amongst so many Buls and Constitutions which have come forth since you shall scarce finde any which doth not make mention of this Councell which doth not name it with honour which doth not expresse an earnest deâ—ire of the observation of it and which doth not in some sort confirme it Let a man but reade the Commissions of the Nuncio's which since that have come into France and other Countries so many articles in them so many rehearsals or reinforcements of this Councell To say nothing of the great paines they have and doe daily take to have it generally received and kept Among all the Councels that ever were no compare with this for reverence and respect It hath quite defaced and extinguished the memorie of all the rest T is their minion their favourite their champion their arcenall their bulwarke their protector their issue and their creature and good reason why they should make so much of it Now the more highly they prize it the more should we suspect it the more should we straine our veines and bend our nerves our force and vigour to repell and stifle it as a venemous serpent what we doe in this kinde will not want a president When Popes and Councels have straggled out of the right way when they attempted more than of right they ought when they tooke their passion for their guide they have ever encountered with just disobediences and lawfull resistance with strong mounds and fences which have stopt the current of their out-breakings and injust enterprises 2 The Emperours of Germany are all full of wounds and scarres which they received in such like scuffles I may well say received not onely in the authoritie they have or should have in the Church in the rights of their Empire but even in their persons I may well say scuffles and combats they being oft-times constrained to buckle on their harnesse and take up their swords in their owne just defence to repell the offensive armes of him who under pretence of the Spirituall usurped upon the Temporall stirred up against them their vassâ—ls and subjects tooke the Crowne from them and elected others in their placeâ— pretending himselfe to be Emperour and Lord paramont of the Empire and all the Kingdomes of the world who made as much use of Pauls sword as Peters keyes to atchieve his conquests to wreake his vengeance to ingrosse all authority unto himselfe and like the old Romanes to make himselfe Monarch Commander and Lord of the Universe The examples of the Henries Frederickes Ludovicus Bavarus and many other Emperours are sufficient proofes of what we here speake England hath had such sufficient experience of the effâ—cts of that tyrannicall government that after she had lost all her liberties both Ecclesiasticall and Civill which were not inferiour to those of France after she had beene ransacked and ravazed in a Scythian and Tartarian manner she was miserably enslaved and made tributary to Rome and her Kings for all their honour declared feudataries to the Pope stooping under that base servitude till Henry the eight who to be revenged of an injury received touching his marriage withdrew himselfe and all his Kingdome from his obedience to the Pope and that while he was yet a Catholique As for our France it is a long time since the French Church hath beene at daggers-drawing with the Pope and Court of Rome for the preservation of their rights and liberties which consist mainly in the not acknowledging of the Popes power any way in temporals nor in spirituals but so farre as is conformable to the ancient Canons and Decrees Sometimes they went so farre in the controversie that he that shall reade the histories of it will never marvaile at those writings which have beene set forth against the Pope in these latter dayes The commendation of preserving these liberties belongs principally to our Kings who have ever opposed themselves against the avarice and ambition of the Court of Rome as Guardians Protectors and preservers of these liberties and have stopt the course of that not without a great deale of trouble and turmoile by the good advice and counsell of the States of the Land and chiefly of the Parliament and University of Paris who have ever beene the forâ—â—esses of France King Philip Augustus Saint Lewes Philip the Faire Charles the sixth and seventh Lewes the eleventh and twelfth did strongly withstand the transportation of gold and silver the collation of Benefices and Bishoprickes by the Popes their usurping of jurisdiction first-fruits graces in reversion reservations and such like trumperies of the Court of Rome Philip the Faire rejected the Bull of Clement the fifth concerning the confiscation of the goods of the Templars although it was confirmed by the Councell of Viennaâ— as entrenching upon jurisdiction within his Realm it is a wonder to thinke how farre they went in some particulars This same King was the first that felt the effects of their indignation upon that occasion by the saucinesse of Boniface the eighth who being incensed by the resistance of that Prince thundered so thicke upon him that after he had pronounced him his vassall and subject as touching his temporals he denounced an anathema against him in reference to his spirituals The King being justly provoked herewith assisted by the Lords Temporall and Spirituall of his Realme assembled in Parliament by their counsell and advice repelled that injury and paying him in his owne coine caused his injurious and proud letters to be burnt sent his Nuncio's home againe with shame enough accused him of heresie and symony yea and put him in such a fright by that brave spirit Nogaret of St. Felix that he died upon it Charles the sixt being excommunicated by Benedict the thirteenth put the bearers of his Bulls to the honourable Amends making them to bee carried in tumbrels apparelled in painted coats with paper Miters upon their
from whom the appeal is made should be judge in the very case of appeal for our Doctours finde that the judge from whence an appeal is made may be refused in all other causes which concerne the appellant so long till the appeal be void CHAP. IV. That the reformation of the Pope was the thing in question IT is further alledged that Pope Adrian the sixth did freely confesse by the mouth of Francis Chregat Lord Bishop of Abruzzo his Legat at the Dyet of Noremberg 1522 that the See of Rome was corrupt and depraved and that the corruption of the Church was derived from the Popes wherefore he did promise they should have a free and generall Councell Now this acknowledgement doth disable him for being head of the Church This is further verified by his owne instructions given to his Legat where in the tenth article he saith thus 2 Wee know that within some yeeres agoe some abhominable things have crept into this holy See some abuses in matters spirituall some transgressions of Commissions and all out of order and it is no marvaile if the infection descended from the head to the members from the Pope to the under-Prelates Wee have all degenerated I meane we Ecclesiasticall Prelates we have gone astray out of the way there is not one that hath done good this long time no not one Wherefore for as much as concernes us you may assure your selves that we will take paines in the first place to reforme that Court from whence happily all this evill hath come to the end that as the corruption proceeded from thence to the inferiour orders so soundnesse and reformation may come thence also Which to doe we perceive our selves so deeply obliged that wee see the whole world call for a reformation Howbeit no man must admire if hee do not see an absolute reformation of all errours and abuses in an instant the malady is too far spread and too deep rooted Wee must goe step by step to the cure of it and hye â—o such things as are of most importance and greatest danger for fear of putting all out of joynt by attempting to reforme all at once All suddaine changes are dangerous in a Common-wealth saith Aristotle and hee that wrings the nose hard brings forth bloud Marke here the words of that honest Adrian So that it hath been conceived the common voyce of Christendome for these two hundred yeeres almost that it was fitting there should bee a reformation in capite in membris both in the head and the members but the Popes wrought so well by their schismes shifts and tricks that the endevors of those that ingaged themselves herein were to no purpose and the Synods called about this were all to no effect and fruitlesse The Councell of Constance after the deposall of Pope Iohn the twenty third had made this good decree 3 That the new Pope who should be next chosen together with the Councell before he departed from thence should reforme the head of the Church and the Court of Rome about such articles as had beene put up by the people and nations But Pope Martin the fifth as soone as he was created did quickly shift himselfe from those who cryed so for a reformation and amongst others from the Emperour Sigismond who was more hot upon it than any else Platina gives the reason of that delaying A matter of that weight being finished as well as heart could wish by the travaile and endevour of all the Princes both Ecclesiasticall and Civill but especially of the Emperour Sigismond they begun to talke of the reformation of the manners both of the Laity and Clergy which were much debauched by overmuch licentiousnesse But because the Councell of Constance had continued foure yeeres already to the great incommodity both of the Churchmen and their Churches it seemed good to Martin with the consent of the Councell to defer a matter of such importance to a more convenient time For hee said the thing required maturity and deliberation seeing that in Hieroms opinion every country hath their severall customes and conditions which cannot bee removed on a sudden without disorder They have had leasure enough to thinke of it since for wee are yet consulting about it and nothing at all hath beene done besides 4 The acts of that very Councell and of that at Basil and others since give us sufficient proofe hereof who being not able to compasse this reformation put it off from hand to hand and commended it in succession one to another ordaining that the keeping of Councels should be every ten yeeres but so as the first should be within five yeers and the next within seven and this principally to provide for the reformation of the head and the members The second Pisan holden 1512 which was assembled for the same ends was so belaboured by Iulius the second and Leo the tenth that it was constrained to yeeld to their mercy and give place to the Lateran which was called for no other end but to countermine and disanull that other as is confessed by the historian of the Popes These good Fathers however they were for the most part French-men have left us in their acts a testimony worth our observance and that is that For many yeers there had not been any general Councels and if any were called as the first at Pisa and that at Constance Sene Basil and Florence yet the Church could not be reformed to the purpose by reason of those impediments and cavils which were procured thereupon which befell themselves also For Iulius the second and Leo the tenth had the wit to winne first Maximilian the Emperour and then the Cardinals that were at Pisa. King Lewes the 12 after the death of Iulius suffered himselfe to be led away with the blandishments of Pope Leo considering withall the danger whereinto the first had put both him and all the Kingdome of France against which he had procured the Kings of England and Spaine to take armes insomuch that renouncing the Concell of Pisa he acknowldged that of the Pope and caused certaine Ecclesiasticks of his Kingdome to doe as much But from that time till this we could never see this reformation for as for the Councels of Lateran and Trent they never cared for medling with it Which was worthily represented by Monsieur Arnald de Ferriers the French Ambassadour at the Councell of Trent in an Oration delivered by him September the 22. 1563 where he said That they had been entreating for a reformation of the Church in the head and members above 150 yeeres to no purpose and that in sundâ—y Councels as those of Constance Basil Ferrara and the first at Trent and that the demands which were made in that of Constance by Iohn Gerson Chanceâ—our of the Vniversity of Paris in behalfe of the King of France may bee â—ead to this day as also those that were made in behalfe of the same Prince by M.
whither it was adjourned by reason of the plague was â—o free place for them all Then hee prosecutes the narration of the â—arman warres now lately begunne So then the Pope makes warre on the one side and keepes a Councell on the other this is truly and without a figure to beare St. Pauls sword and St. Peters keyes The first Session upon the first of May and the â—econd upon the first of September 1559. were onely for Ladies for there was nothing done King Henry set forth an Edict at the same time dated the third of September in the same yeare containing a restraint of transporting gold and silver to Rome where he sets downe at large the occasiâ—ns of the war of Parma begun by the Pope and amongst other things he saithâ— Which holy father upon a suddaine fit of choler had caused a certaine company of men of warre both horse and foot to be levied and set forth and also enticed and perswaded the Emperour with whom we were in good termes of peace and amity to take armes to aid his forces in the designe of the recovery of Parma and after hee had harrased and laid waste all things wheresoever he pleased in the Countrey of Parma he caused his said forces to march towards the territories of Miâ—andula which hath for a long time even during the life of our late most honoured Lord and Father been in the knowne protection of the crowne of France which hee beleaguered using most incredible and inhumane cruelties towards the inhabitants of the said territory yea such as barbarians and infidels would not have used the like giving the world to know very stoutly that he meant them to us who have not deserved any such thing at his hands or the Holy See 6 There were six Sessions holden in the time of that waâ—â—e the two wee spoke of and foure more in two whereof the most materiall points of faith of manners and Church discipline were discussed and determined as those of the blessed sacrament of the Eucharist Transubstantiation the sacraments of Penance and Extreme Unction as also about the jurisdiction of Bishops where many blowes were strucke at the liberties of our Gallicane Church and the rights of the Crowne Now the warre continued all the time of these Sessions without any intermission for there was no respit of peace save in May 1552. what time the said King put forth another Edict derogatory to the former whereby he licensed the transporting of gold and silver to Rome Wherein he saith Our holy father the Pope having now of late made knowne the love and affection which his Holinesse beares continually towards us by good and honest demonstrations c. But the Sessions we mentioned were ended before this for the fourth of them was upon the 25. of November 1551 and for the two following they did but bandy for balls in them for they treated of nothing but the safe conduct of Protestants aâ—d the suspension of the Councell Now the writing sent by the same Prince to all the States of the Empire February the third 1552. witnesseth that during those Sessions all was on a fire where after he hath laid downe the originall and progresse of the warre of Parma and laid the blame of it upon the Pope and the Emperour whom he impeacheth also of other things he profers his helpe and assistance to the Princes of the Empire We offer saith he of our free and princely pleasure meerly to deliver the German nation and the sacred Empire from that servitude wherein it now is to gaine thereby as Flaminius did in Grece an immortall name and everlasting renowne 7 From this time till the beginning of the yeare 1560. our Councell did starke nothing what time Pius the fourth so soone as he got into the chaire sent forth a declaration for the continuation of it against Easter day the next yeere this Bull was dated November the nineteenth or as some copies have it December the thirtieth 1560. The first Session was the eighteenth of Ianaury 1562. the last December the third 1563. during which time there was nothing but troubles and turmoiles in France so that those of the religion there have good reason to say that nothing could then be passed in the Councell to their prejudice they being debarred of the meanes of going thither It is plain first from the Edict of pacification in Ianuary 1561 that at the time of the calling it there was a great deale of stirre in France and that they had something else to thinke of than of making ready to goe to the Councell For it is said at the beginniâ—g thereof It is too well knowne what troubles and seditions have beene heretofore and are daily raised abetted and augmented in this Kingdome by reason of the badnesse of the times and the diversity of opinions in point of religion which now reigneth This Edict thus made for the good of the Country it was requisite to sue for the publication of it by reason of the difficulties raised against it by the Court of Parliament this hung on till the sixt of March in the same yeere what time the publication was made in some kinde by constraint witnesse those words Obeying herein the Kings pleasure without the approbation of the new religion and all by way of caution Yea more six dayes before upon the first of that moneth was the execution done at Vassy against them of the religion which impestered this Realme in more troubles than ever The Duke of Guise making his party the strongest at Court The Prince of Conde being retired to Orleans which they went about to reforme quickly after in April next So that King Charles set forth a declaration upon his former Edict where he saith towards the beginning Whence it is the more strange that some of them are now risen up in armes and have assembled themselves in great number as wee see in sundry places and namely in our City of Orleans under pretence of a certaine feare which they say they have least they should bee debarr'd the liberty of their conscience and the enjoying the benefit of our Edicts and ordinances in that behalfe 8 They had reason to be afraid lest their consciences should be rifled in such sort as were those of Vassy About the time of the first Session all was in an uproare in this Realme and there was nothing setled concerning the peace as may be gathered from an answere made by the Quâ—ene mother to Mounsieur the Prince of Conde dated the 4. of May 1562 where amongst other things it is said In regard of the violence oppressions murthers and outrages committed since the edict and in despight of it both by the one side and the other her Majestie will cause such justice to be done and amends to be made as the case shall require both for publick satisfaction and also private to such as have received any wrong And also from an edict set forth by
the late King of Navarre Lievetenant Generall for the King over all this Realme dated the 26. of May 1562 containing an injunction to some suspected persons of the religion to depart from Paris Where it is said As for the putting in execution of the designe which we have undertaken to performe out of hand with the army of our said Soveraigne Lord the King against those that hold some cities of this Kingdome with prejudice to his authority and the obedience which belongs unto him We have determined to depart within a few dayes from this City of Paris with the said army and to cause all the forces both horse and foot aswell within the said city as without to march along 9 There was also another declaration set out concerning the edict of peace by the same King Charles at Amboys March the 19. 1562. but it was not put in execution till the next yeere about Iune what time the King sent certaine Commissioners through the severall Provinces to that effect as appears by the coppy of the Commission given out thereupon dated the 18. of Iune in the same yeere And yet notwithstanding our Councell was consummated the fourth of December 1563. The Cardinall of Lorrain in an oration of his delivered in the Councell November the 23. 1562 makes a long story of our miseries in France and the warres which were a foot there There is no sparing of any thing saith he armies are raised succours are called in from all parts entry is made by force yea the sword pierceth our hearts how victorious soever our hands be Our goods are taken from us and the Kingdome is brought to a miserable passe So then the case standing thus theâ—e is never a Lawyer but will constantly affirme that as much as concernes those who went not thither may be righted and that all things should bee restored to the state wherein they were at first 10 The Kings of France by reason hereof did prejudicate their subjects of the religion yea and their Catholiques too whom they re-estate in their former right Notwithstanding all processes made judgements and arrests granted during the troubles Non-suits prescriptions both legall conditionall and customary attachements of feuds which happened during the troubles or issued from thence by course of law It stands with better reason that all should bee re-established which concernes point of religion which hath ever beene as good a cause of replacing all things is statu quo prius as absence Which is plaine from the discourse of Pope Liberius with the Emperour Constantius in the case of Athanasius from the letter which Pope Iulius writ thereupon to them of Antioch and from that passage of S. Hilary I omit that the judgement of the Emperour was passed without hearing of the cause Nor doe I repeat how the sentence was extorted against one that was absent however the Apostle saith That where faith isâ— there should be liberty the simplicity of the priesthood should not endure this but I omit these things not because they are to be sleighted but because there are others more intolerable The same may we say of the Councell of Trent 11 So then these wars were the cause why many that would have gone to the Councell could not they were the cause why it was so often broke off and prorogued and that in such sort as it seemed sometimes to come to just nothing Hence it was that they did not proceed to the creation of new Popes in the place of those that dyed during the time of the said Councell nor of the new Cardinals which had otherwise been done it being a matter which of right belonged unto them according to the determination of the Councels of Constance and Basil as wee shall shew in another place Hence it was that there was such a great dispute in the consistory of Rome when Pius the fourth renewed the Councell some being of opinion that it was ended that he should call a new one others maintaining that it was yet in being and that he ought only to continue it But the Pope used such phrases in his Bull that it could not be perceived whether it was a continuation or a new convocation Some might haply take me up for lying if I had not Onuphrius for my warrant But here arose a controversie whether it should be a continuaâ—ion of the Councell of Trent or a new convocation The Pope found out a wholsome remedy to set all mens minds at quiet for he used such a forme of speech in the Bull of promulgation as might satisfie both parties and withall the authority of the Councell be no way impeached The use we make of this passage is That whereas by their owne confession that Councell was sometimes at so low an ebbe that it was questioned whether it was ended or no it would be a better way to have a new one which might be to the content of all parts to put an end to our differences Considering that this was deserted and cast off that it did not discharge the office and function of a true Councell that it was so weake and feeble that it deserves not the name of a Councell 12 Here we must observe that the French Ambassadors at the Councel 1563 had an expresse commission to urge that this last Councell might not bee acâ—ounted a continuation of the former And there was an expresse article against those things which were put off by them at the beginning 13 The Lords of Ferriers and Pibrac after their departure from the Councell when they were retired to Venice writ letters to King Charles dated November 25. 1563. Wherein after they have acquainted him with the reason of their departure they give him notice That the Councell would move his Majestie to send new Ambassadours which hee could not doe without great prejudice That the Pope would cause them shortly to proceed to the last Session wherein it must be determined whether this Councell shall bee taken for a continuation of the first or for a new one That if it be concluded to be the same Councell as they are all inclined that way the French Ambassadours who ever refused to admit of the first should hereby receive a great blemish and the proceedings of King Henry who protested against it should be condemned 14 These and other leâ—ters by me quoted which I have seene remaine in the hands of good Catholiques who will be ready to produce them upon occasion with many other memorable acts concerning this subject CHAP. VII That the place where the Councell was held was not free IT is urged moreover that the place of the Councell was not free and safe and that the suit being commenced against the protestants of Germany the Councell should have been called within that countryâ— according to the râ—quest exhibited by the body of the States of Germany assembled at Noremberg whose words are these They cannot thinke of a more
some place for that end makes expresse mention of the safety of the place Wee are ready saith he to assemble Kings Prelates and Princes both spirituall and temporall in some place of safety And the glosse upon this A judge should appoint such a place or else there is a just cause of appeal although it bee said that no appeal shall be admitted 20 Ivo Bishop of Chartres complaines of the Popes Legat because he had chosen the city of Bloys there to decide the cause of the Clergy of Chartres who could not repaire thither with safety by reason of the populacy of that City 21 The same Bishop having a controversie with some of his Clergy depending before the Archbishop of Sens his Metropolitan intreats him to appoint a place for judgement whither they might goe and come with safety 22 The Legat we spoke of having appointed a Councell consisting of French Bishops to meet at Sens for the absolution of King Philip the first from the excommunication which was darted out against him by the Pope by reason of his unlawfull marriage hee gives him notice that hee might have done better to have proceeded to that absolution in another place then Sens that so every one might have had meanes to speake his opinion freely 23 The Doctours of the Canon law doe all agree that an exception against the safety of the place is pertinent and ought to be admittedâ— that it is good both by the Civill law and the law of nature that a man summoned to a place where any danger threatens him is not bound to appeare nor to send his proctour and that a judge is bound to assigne the parties a place of safety for the hearing of their cause otherwise there is just cause of appeal CHAP. VIII That all those who ought to have had a decisive or deliberative voyce in the Councell were not called 1 COmplaint is made also that all those who ought to have had a consultative or deliberative voyce in the Councell were not called thereunto Paul the third by his Bull dated in May 1542 and Pius the fourth by his in November 1560 call none to that Councell to deliver their opinions but Cardinals Patriarchs Archbishops Bishops Abbats and Generals of Orders They doe not mention in expresse termes either the first or the last of these but yet they are comprehended under those words All others whosoever which are restrained to them alone For this sense the Popes expositors put upon them and this is the form which is received in the Church of Rome witnesse Bellarmine and those whom he urgeth Nor was there any but those who had voices in the Chapter of the Councell All the petty Ecclesiastiques had nothing else to doe there but to pick their fingers or to pen neat speaches of such matters as were there treated of But for decrees those lettice were not for their lips All this is confessed by the Doctors themselves yea and defended too The Popes whom I named exhort those whom they call thither that they should not faile to come there yea they straitly injoyne them by vertue of that oath which they have taken to them and to the Holy See which cannot be referred neither to Protestantsâ— nor any other that have drawne back from their obedience to him nor yet to Lay men howsoever obedient 2 Hence two complaints arise one that the Ecclesiastiques of the Protestants side being they could not have a deliberative voice there had nothing to doe to goe thither The other that the Laiques of both religionsâ— have ground of complaint being excluded from this judgement As for the firstâ— when any controversie arose diverse courses have beene taken to compose the differences in religion Sometimes the Emperours have appointed judges before whom both parties came and discussed their opinions freely Phâ—tinus Bishop of Smyrna being accused for a heretique by the Councell there was afterwards admitted to dispute with the Catholique Bishops In which dispute saith Sozomen certaine judges were ordained for presidents of the Councell who from that time forwards were accounted men of prime rank in the Palace both for knowledge and dignity After many objections and answers pro and con Basil Bishop of Ancyra who defended the doctrine of the Catholiques got the victory and Photinus was condemned and sent into banishment At the generall Councell of Chalcedon which consisted of six hundred Bishops there were diverse officers of the Emperours Valentinian and Marcian and a good number of Senators that came to preside there yea and to judge of all differences and controversies even such as concerned faith and religionâ— who behaved themselves so that in some points they swayed that great company of Bishops by their advice As we have observed more particularly in the title of the presidency in Councels Honorius the Emperour to lay the quarrels that were in his time between the Catholiques the Donatists in Africk called them all together at Carthage and deputed Marcellinus one of his officers to bee judge who after hee had heard all along the reasons on both sides pronounced the sentence of condemnation against the Donatists Wherein he saith amongst other things 3 To the end that apparent errour may undergoe the yoke of revealed truth by the authority of this present Edict I advise all men of what condition soever landlords stewards and farmers as well which hold of the Crowne as of private possessions with the Ancients in all places that not forgetting the lawes their own dignity honour and safeguard they doe their endeavour to hinder all Conventicles of the Donatists in all townes whatsoever who shall be bound to surrender up to the Catholiques those Churches which I allowed them of courtesie untill the day of sentence without commission from the Emperour 4 Possidius that writ the life of St. Austin reports as much in plain terms This happened mainly saith he by occasion of the conference which was at Carthage betweene all the Catholique Bishops and the Donatists by the command of the Emperour Honorius who sent Marcellinus the Tribune into Africk to be judge in that collation In which controversie the Donatists being throughly confuted and convinced of errour by the Catholiques were condemned by the sentence of the judge He addes moreover that they appealed from that sentence to the Emperour and that they were afterward condemned by him and declared heretiques 5 Pope Miltiades also with some other Bishops had passed sentence in that cause but the Donatists being not well content with his judgement the Emperour remitted them afterwards to the Bishop of Arles as St. Austin relates That which Cardinall Iacobatius a stickler for the Popes authority saith is very remarkable that lay-men were sometimes admitted to Councels to bee judges betwixt those that canvassed some deepe point Hereupon saith he in a Synod holden in a Councell before Constantine and Helena where it was disputed whether
the Iewish law or the Christian should bee preferred Craton the Philâ—sopher who would not possesse any worldly goods and Zenosimus who never received present from any one in the time of his Consulship were appointed for judges With which doth accord to speake it by the way but not much from the purpose that saying of Gerson the learned Chancelour of Paris There was a time when without any rashnesse or prejudice to faith the controversies of faith were referred to the judgement of Pagan Philosophers who presupposing the faith of Christ to be such as it was confessed to be however they did not beleeve it yet they knew what would follow by evident and necessary consequence from it and what was repugnant to it Thus it was in the Councell of Nice as is left unto us upon record So likewise Eutropius a Pagan Philosopher was chosen judge betwixt Origen and the Marcionites who were condemned by him 6 When any upstart opinion or heresie was broached the manner was to proceed against them by assembling Councels against the authors of them whom they condemned together with their heresies which they were forced either to abjure or to suffer banishments and other punishments Hereof we have examples in store so well known that we need not set them down 7 Sometime they had free Councels unto which it was lawfull for the Bishops of both sides to resort dispute and deliver their opinions We have some examples hereof which would suit very well with these times and which we ought to imitate The two Emperours Constans and Constantius the one a Catholique the other an Arrian the one of the East the other of the West to decide the controversies in religion agreed together to call a free and generall Councell at Sardis whither all the Bishops of both parties might have meanes to repaire with all safety Which was done accordingly Then was there a generall Councell appointed saith Socrates and ordained that all should repaire to Sardis a City of Illyrium which was done by the joynt consent and agreement of tâ—e Emperours the one having required so much by his letters and the other of the East having willingly embraced the motion By the consent of both Emperours saith Sozomen it was ordained that the Bishops of either part should meet at Sardis a City of Illyrium upon the day appointed 8 The Councell of Ariminum consisting of above foure hundred Bishops almost all of the West and that of Seleucia of above an hundred and six Eastern both holden about the same time were of the same nature with this For all the Bishops both Catholique and Arrian were without distinction admitted thither both to dispute and to determine The Bishops in those daies were not sworne to the Pope nor did he take upon him to call them but the Emperours who summoned such as they thought good This manner of calling Councels with all freedome is then mainly required when the number of beleevers on both sides is great when the complaints are formall and when there are some ancient opinions defended by whole Provinces and Nations When the case stands thus it is no proceeding by censures and condemnations the one side against the other when all comes to all there is nothing got by that But then they must take a faire way come to conferences treaties of agreement and arbitration This course was taken with the Greek Church in the time of the Councell of Ferrara The Greek Bishops were seated amongst the Latines they conferred together they disputed and gave up their opinions without any advantage the one over the other either for judgement or number and the issue was so happy that in the end they came to an accord The Popes for a long time branded all the French for Heretiques by reason of that poore Pragmatique Sanction which hath beene as much vexed by the Popes since as ever was Psyche in Apuleius by offended Venus Yet in the upshot they are come to those termes of accord and articles of agreement under which we live at this instant 9 Innocent the fourth after he had excommunicated the Emperour Fredericke he and all his Councell make this profer to him in case the Emperour did complaine of injustice to referre the matter to the Kings Prelatesâ— Princes spirituall and temporall assembled about it in a place of safety Why is not the like put in practice now adayes towards those which complaine of this Councell and are ready to defend their cause and justifie theiâ— right 10 This calme way hath beene sometimes attempted in Germany not altogether without successe It hath beene also practised in France when the conference was at Poissy yea and that with such successe that the grand controversie touching the reall presence in the Eucharist so much canvassed amongst us now adayes was there composed by the twelve deputies in spite of all the opposition made by those that envy the quiet of France And what great matter were it to try that way yet once againe by generall or particular conferences We must of necessity be driven to one of the two meanes formerly proposed to wit either that Christian Princes appoint certaine Iudges some Clergy men some Lay men an equall number of both religions or that there bee a friendly meeting about it where they may continue victorious right or wrong as most doe now adaies but with a holy desire to live from thenceforth in peace or stop the veines that have shed so much blood For to have recourse to the rigour of the formalities and caltrops of the Councell of Trent is but for men to cosen themselves the event hath proved the designe to bee naught This Councell instead of appeasing the troubles did excite them and invenomed those mindes which were exulcerated before In stead of setling the repose and unity of the Church it raised warres in Germany the Low Countries and in our France not onely during the time of the sitting but afterwards and this is the reason why King Charles did earnestly sollicit the Fathers there by his Ambassadours to the embracing of peace Marke what the Cardinall of Lorrain sayes to them about it in his learned Oration 11 The most Christian King although hee be throughly perswaded of all these things and expect nothing from us which may make against them yet there are two things whereof he puts you in minde out of the good will he beares towards the Synod and the great vexation he endures by reason of these differences in Religion First that as much as we can we avoid all new controversies that wee lay aside all uncouth and impertinent questions tâ—at we bend all our forces as much as we may to effect that Princes and Provinces would give over their warres Wee must be farre from any desire of stirring up warres that so they who have departed from us and are cut off from the Church of God may not thinke that this assembly was rather
of Arles Another Constantine was president of the sixth generall Councell at Constantinople with a good number of his officers assisting and the acts of the Councell make it plaine that hee was not a meere honorary president but that the whole action was guided by him that he pronounced the sentence an◠gave judgement and in summe did all that belongs to an Ecclesiasticall president to doe 17 Charles the Great did the like in the Councell of Francford where hee discoursed of points of faith and made them deliver their opinions upon such as himselfe proposed The Canons and Decrees runne also in his name The Emperour saith hee hath ordained with the consent of the Synod c. 18 The name of Charles the Great puts us in minde of inserting some of our French Synods in this place which we finde oftentimes to have consisted both of Lay men and Clergy men joyntly to determine of matters aswell Ecclesiasticall as Civill 19 In the yeere 742 in the reigne of Childeric Carloman Duke and Prince of the French called a Synod in France where he had some Bishops some Priests and some Lay Princes of the Realme by whose advise and counsell hee made certaine Ecclesiasticall constitutions By the advise of the Church-men and the Princes of this Realme we have ordained decreed c. See how hee speaks in the Decrees of that Councell 20 The yeer 744 under the same Childeric Pepin a French Duke and Prince called another Synod at Soissons consisting of Churchmen and some chiefe Lay men of the Realme with whom hee enacted some Ecclesiasticall lawes Wherfore with the consent of the Bishops Priests and servants of God and the advise of the chiefe of the Kingdome we have decreed to renew the Synod every yeer c. Againe◠Wee have constituted and ordained by the Councell of the Clergy men and the chiefe men of the Realme aforesaid See you in what style the decrees of that Councell were conceived 21 The yeer 787 the Emperour Charles the Great being departed from Rome to come into France As soone as he was arrived at Worms saith Rhegno he called a Synod and declared the reasons of his journey to the Clergy and Princes of his Realme 22 The Councell of Meaux under Charles the second 845 mentions some former Councels that consisted of Clergy and Lay men Another was holden saith it at his returne and confirmed under the proper seal of the Prince and all the rest both Clergy men and Lay. And in another place They ordained first of all to settle something that had beene formerly decreed by the same Prince together with the Lords spirituall and temporall 23 The Councell holden at Pistis upon Seyn the yeere 863 was of the same nature with these◠as wee may perceive by the beginning of it In the name of the Holy and indivisible Trinity Charles by the grace of God King of France together with the Bishops Abbats Earles and the rest of the faithfull regenerate in Christ gathered together from diverse Provinces at a place called Pistis upon the river Seyn in the yeere of our Lord 863 the 23 yeer of the reign of our Soveraigne Lord King Charles indiction the tenth The Kings and Bishops assembled before us◠being guided by the feare and love of God have made diverse constitutions and decrees with the Counsell and consent of the rest of the faithfull people of God And in the second chapter For the putting of which things more particularly in execution wee have thought fit here to renew some amongst many of the constitutions and decrees of our predecessors and the ancient Councels It follows afterwards chapter the third Wee have constituted and ordained by common advise c. 24 The Councell of Tribur was neerly of the same kinde for there were divers Lay-men there with King Arnulph who was President in it He came saith the Preface to it into the royall City of Tribur in France with the Bishops underwritten the Abbats and all the Peeres of his Realme and there flocked thither both Clergy and Lay-men in great troupes And at the end This holy subscription was confirmed and fairly approved by the reverend profession and worthie answers of the Priests Deacons and Lay Nobility This Councell contains eight and fifty Chapters concerning manners and Ecclesiasticall discipline 25 Philip Augustus intending to declare his sonne Philip his successour in the Realme called a generall Councell at Paris of all the Archbishops Bishops Abbats together with the Princes and Lords of his Kingdome that they might herein pitch upon a resolution according to his desire And it is observable that in these Councels they treated of all things both spirituall and temporall Whence that appeares to be true which a learned Frenchman hath written long agoe That anciently the affaires of France were managed by the Clergy and Lay men joyntly Which is yet practised by the Generall and Provinciall States as also in the Courts of Parliament consisting of Counsellors both Ecclesiasticall and Civill There was a Councell holden at Soissons in the same Kings reigne by the Legats of Pope Innocent the third In this Councell saith an ancient Historian King Philip was assistant with the Archbishops Bishops and chiefe Lords of the Realme where the point of the divorce or confirmation of the Kings marriage with Iugerberga was discussed 26 The Patriarch of Ierusalem being arrived in France in 1184. with the Priour of the Hospitall of Outremer and the Grand Master of the Templars to demand succour of King Philip Augustus against the Saracens He sent out his Mandamus to call a Generall Councell of all the Archbishops Bishops and Princes of his Realme saith the same Historian which was holden in the City of Paris 27 The Councell of Vezelay which was called by Lewes the Yong son to Lewes the Gross Pope Eugenius the third being then in France was of the same composition Which thing being certified to Lewes the Yong son to Lewes the Gross saith Iohn le Maire he was much grieved thereat and for remedie thereof he caused a Councell to be assembled at Vezelay in Burgundy consisting of all the Prelates and Princes of France and ordained that St. Bernard Abbat of Clervaux should represent unto them vivâ voce all the mischiefe that was befalne in the Holy Land 28 The like was done in the Councell of Paris which Philip the Faire called against Boniface the eighth After this the same King saith a Chronicler having called together the Prelates Barons and Lords of the Realm held a Councell at Paris where he demanded aid advice against the said Pope And M. Iohn Bouchet in his Annales of Aquitain And immediately after hee caused a Councell of Prelates and Barons to be assembled at Paris in which Councell King Philip was appellant 29 The Pragmatique Sanction of King Charles the seventh was made in a Synod assembled at Bourges
law wee would declare how we may live in peace and quiet 40 I am not ignorant that many examples may bee urged to the contraryâ— and that in many Councels there were no Lay-men at all at least for ought we know I grant it but I would have it acknowledged withall that they might have beene there and that it belongs to Princes to admit Lay-men when they thinke good as Marsilius of Padua holds and we shall prove hereafter Neither will I maintaine that it is necessary they should alwayes be admitted but onely upon great occasions about some weighty matters and in case of urgent necessity When we speake of Lay-men we meane onely the learned not the ignorant for as for these whether Lay or Clergy they are good for nothing but to make up the tale and therefore have nothing to doe to goe there this is the opinion of Cardinall Cusanus There saith he where the sentence of definition goâ—s by plurality of voices and not by consent and unanimity it is good reason that discretion wisdome and authority should be considered that the judgement of fooles who are ever the greater number may not overbâ—are the opinioâ—s of the wiser sort So then we maintaine that the learned ought to bee admitted by a reason which is backed with authority and that is becaâ—se what concernes faith is a common case to Lay-men as well as Clergyâ— and therefore when there is any controversie about it every man ought to deliver his opinion Pope Nicholas hath said as much in down-right termes Faith saith he is catholique and commune to all it belongs as well to Lay-men as Priests Yea to aâ—â— Christians Hee speakes expressely of Lay-mens assisting at Councels whom he would have admitted when controversies of faith are handled 41 Let us apply this to our Councell of Trent There were deepe points of faith handled in many Articles of it therefore the lay-men should have been called and admitted and have delivered their opinions 42 Bellarmine shifts it off after his way when hee limits the admittance of Lay-men to Councels spoken of by Pope Nicholas to these ends onely that they may see and heare what passeth but not judge This glosse corrupts the text which speakes without distinction besides the cause being the same both in reâ—pect of Clergy-men and Lay the effect should likewise be the same 43 The second reason is the abuses which have been committed by these many ages in the disposall of Bishopricks and benefices whence the number of the learned Clergy hath beene more impared than it were to bee wished it had and is so at this day Marke what Marsilius of Padua said of it above three hundred yeers agoe Nowadayes saith hee by reason of the corruptâ—on which is crept into the regimâ—nt of the Church the greater part of Priests and Bishops are but meanly skilled in holy Scripture and if I may lawfully say so this insufficiency comes by reason that some ambitious and covetous persons and Lawyers will needs purchase the temporall meanes of Church livings and doe so either by their services entreaties money or temporall power And God is my witnesse and the number of the faithfull that I remember and have seene many Priests Abbats and Ecclesiasticall Prelats so poorely learned that they were â—ot able so much as to speake true Latine Hence it follows that Lay men should be admitted into Councels considering withall that it was anciently accustomed At the most noted Councels saith he the Emperours and Empresses assisted with their officers for the resolving of Scripture doubts as appears by Isidores Code although there was no such necessity of calling in Lay men in those dayes as there is now by reason of the great number of Priests and Bishops which are ignorant of Gods Law 44 I doe not urge all these passages to offend the Ecclesiasticall order nor many learned Prelats now alive whom I much reverence for their learning and worth but only as suiting with the subject I have in hand I am certain they will in heart confesse what I say to be true That at this present there are some Ecclesiastiques which haue voices in Councels that are incapable of that priviledge And on the other side there have beene and yet are some Lay men of all sorts well skilled in Divinity however they make no profession of it Being then in the danger we are the fire being kindled through all parts of Christendome by reason of religion the Turks pressing so hard upon us that if God be not mercifull to us our slavery is not farre off Is it not reason to conferre about these differences with all sorts of people to the end that some remedy may be found out for them There was a poore ignoramus that puâ—led a great Philosopher at the Councell of Nice possible the like may befall us The opinion of one godly man ought to be preferred before the Popes if it be grounded upon better authorities of the Old and New Testament saith the Paâ—ormitan Abbat Every learned man may and ought to withstand a whole Counâ—ell if he perceive it erres of malice or ignorance saith Mr. Iohn Gerson But where and how I pray you if not in a Councell Or to speake more properly where can they doe it more fitly than in such an assembly and how should they doe it there if they be not admitted 45 It will be replyed that they may be allowed to come there but onely to consult and so they will expound most places out of Couuncels and ancient authors For example that which Socrates saith of the Councell of Nice There were present saith he many very learned Lay men and well skilled in disputations that which was ordained at the Councell of Toledo concerning the assistance of Lay men at Councels that which we find recorded of the sixth generall Councell at Constantinople and of the seventh generall which was the second Nicene Councell at both which in all of their Sessions diverse Senators and officers of the Emperour did assist that which Durand Bishop of Mande saith in his treatise of Councels that which the Abbat of Panormo in his allegations for the Councell of Basil Cardinall Turrecremata and Cardinall Iacobatius who admittes them in diverse cases and amongst others in this very case whereof we speake Yet for all that I cannot see what they can answer to Marsilius of Padua who allowes Lay men to be judges in Councels for he would have all countries in the world and famous commonwealths following the ordination of their humane law-giver to elect out of faithfull men first of Priests next of others provided they bee fit men of an honest life and well versed in Gods Lawes And as for the places before alledged let them say what they will it is plaine enough in most of them that Lay men were admitted into Councels to give voices and be partners in the judgement
it but for countenancing and favouring some body briefly such as that there are more private respects than publique in it Nor was there only a want of French Bishops and Ambassadours there but besides in all the Sessions holden under those two Popes there was but a very small number of Clergy men so that it cannot bee said that it was a generall Councell 4 As for the other Sessions under Pius the fifth from the 18 of Ianuary 1562 till the end of the Councell the Bishops and other Ecclesiastiques of France were there indeed howbeit no great store as also the Ambassadours of Charles the ninth But marke what is urged That which is invalid from the beginning cannot be made valid by tract of time the last Sessions could not legitimate the former nor purge them of that vice which was inherent in them We may adde moreover that the same plea of enmity which was alledged for Protestants holds good also for our Kings of France inasmuch as Pope Iulius the third tooke part with the Emperour against King Francis and Iulius the third with heart and good will made open warre upon Henry the second declaring him to be his enemy whereof he complaines in the forementioned act of Protestation as also that he sought peace and quietnesse by the Lord Tervieâ— his Ambassadour and all other meanes possible but to no purpose CHAP. XI The nullities of the last Sessions AS for those latter Sessions under Paul the fourth it is urged that being built upon a weake and fraile foundation they cannot hold out against a tempest buâ— must of necessity fall to the ground Authorities for proofe of this have beene produced by those that writ before me Besides all the faults and defects of the former Sessions redound unto them and must be reckoned and imputed to them too as also all other nullities which we have hitherto insisted upon seeing they belong as well to the last Sessions as the first Over and above all this we will here adde the complaints that have been made of the inujust proceedings of that Councell The Emperour Ferdinand in his letters written to Pope Pius the fourth May the third 1563 faith Wee have with great griefe of heart been given to understand that in this holy Councell things are not carried in that order and fashion as wee and all devout people could wish and which the miserable state of the Christian common-wealth and our distressed religion might justly require which growes lesse and lesse every day it being to be feared that if convenient remedies bee not presently applyed the issue of the Councell will bee such as will minister scandall and offence to all Christendome and occasion of laughter to such as have cast off their obedience to your Holynesse and the holy Apostolique See and of maintaining with greater obstinacy than ever those severall opinions repugnant to our faith which they have already embraced And a little after Alas what a pitifull thing it is that the Fathers and Doctours in the Councell should begin to abandon themselves to quarrels and contentions to our great losse and discredit and to the scorne and derision of our adversaries 2 Arnalt Ferriers President in the Court of Parliament of Paris in that oration which he made in the Councell September the 22 1563 assisted by the Lord of Pibrac complaines thus That the Councell did not set about the reforming of the Church as they ought to doe That it was not the reformation of those which are dead or those which shall come after which was demanded Of whom then I will not tell you but it is easie to collect by enumeration If any will reply that there have beene certaine decrees made concerning reformation and that by them satisfaction is given to such things as were demanded We answer that they might indeed afford sufficient content if one thing might be paid for another without consent of the creditor That there was a great deal of stir about reforming those things that needed not That Kings and Princes were hereby deprived of their rights That censures and excommunications had been denounced against them That the liberties of the Gallicane Chuch have been beleaguerd whereupon according to the command which they had received from their Prince they were constrained to oppose themselves as they did 3 I have seene the letters of King Charles dated August the 28. 1562 written to his Ambassadours the Lords of Ferriers aud Piâ—rac wherein hee commandeth them to retire from the Councell and to cause the Bishops of France to retire also In another oration of his spoken about the end of the same September complaining of the wrong done to the French King touching precedency hee said That the French would not acknowledge Pius the fourth for Pope and that according to the command which they had received they charged the Bishops and other Ecclesiastiques of France to retire themselves and depart from the Councell They were so hot then that the Councell was upon the point of inditing them yea they had entred the action when they went to Venice from whence they writ a letter to the Lord Cardinall of Lorrain that stayed at Trent dated the 24 of October 1563 wherein they complaine unto him that some French Bishops blamed their proceedings and amongst others the Archbishop of Sens who had said that it was all one as to turn Protestant that is Heretique which they stranged very much at seeing they had done nothing in that matter but by speciaâ—l command from the King And in the letter which they writ to King Charles from Venice the 25 of November 1563 they certifie him of their departure from the Councell according to his command telling him particularly the great motives they had of so doing 4 The nullity of their proceedings shall more plainly appeare by such reasons as we shall urge in the following Books where wee shall shew how this Councell hath not had so much regard to the justice of the maine demands put up by Catholique Princes as to assert and augment that injust power which the Pope hath usurped over the Church and secular States and that it hath even trampled under foot the right of our Kings and the liberties of the Gallicane Church CHAP. XII That in regard of the protestations made by those that complainâ— of this Councell their right remaines entire 1 BUt before we passe to the handling of such points as concern the ground of the matter it is fitting we proceed to shew that there is nothing that stops our entrance or can hinder our passage that there are no pertinent or approveable reasons for the rejection of our plea. Amongst such as have reason to complaine some say they were not heard others that if they were yet that is no hindrance but the judgement may be reiteratedâ— So then here is the question if so be they may have a hearing whether there must be a Councell assembled againe or
Councell it selfe which gives him this prerogative For after all the resolutions it made both about faith and discipline it addes If it so fall out that any thing herein contained stand in need of further declaration or determination besides other remedies appointed in this Councell the Holy Synod trusts that most blessed Bishop of Rome will take order that the necessities of the Provinces shall be provided for to Gods glory and the peace of the Church either by sending for such out of those Provinces especially where such difficulty shall arise as hee shall thinke fit to negotiate such a businesse or by holding a Generall Councell if hee thinke it necessary or any other more commodious way as hee thinks good 5 As for the translation of the Councell to Bonony indeed the Cardinall de Monte President for the Pope did the Councell the honour to let them consult about it the 10 of March 1547 as appeares by the 8 Session But this was after an absolute and peremptory injunction whiâ—h â—he same Pope had formerly made as appeares in his Bull set out in Marâ—h 1544. Where he speaks in this manner Of our â—wn proper motion certaine knâ—â—ledge and full power Apostolicall with advice and consent correspondent wee give you full and absolute power by authority Apostolique by the tenure of these Presents hee speaks to his Legats to transferre and remove the said Councell from Trent to some such other City as you shall thinke fit and to suppresse and dissolve it in the said City of Trent and to prohibite the Prelates and other persons of the said Councell to proceed any further at the said Trent upon paine of Ecclesiasticall censures and punishments and to cite the said Prâ—lates and other persons of the Councell unto that city whither it shall bee transferred upon paine of perjury and other punishments expressed in the letters of Convocation 6 See here good weighty words which in a most extraordinary way doe crush the authority of the Councell yea even inslave and subject it to the Pope And yet the Councell is so farre from complaining that on the contrary it professeth that it consented to this translation in consideration that it was done by the Popes command For hearke how they speake of it in the beginning of the ninth Session holden the 21 of Aprile 1548 This holy Oecumenicall Councell c. considering that upon the 11 of March this present yeere in a generall publique Session holden in the said city of Trent at the accustomed place all things requisite to bee done being first done after the usuall fashion upon some earnest urgent and lawfull reasons and by the intervening authority of the Holy Apostolique See granted in speciall manner to the said right Reverend Presidents decreed and ordained c. They expresse it as well as they can for feare least some body should bee so farre mistaken as to thinke the translation was made upon the Councels owne motion to the prejudice of the Popes authority for they would have taken that in dudgeon 7 Let us now see whether the Pope challengeth this rightâ— which is confirmed unto him by this Councell by usurpation onely or whether it doe indeed justly belong unto him If wee will take the Popes own word for it the question will bee quickly decided for they affirme that to make such a Convocation belongs to none but them Their Doctours and Disciples have so fortified this proposition that they have stopped all passages and not left so much as one hole open wherby there is any possibility of surprizing it Some few have beene so reasonable as that they have made some exceptions as in case the Pope refuse to call the Councell or in case he be an heretique or in case the question be about some fact of his owne or about his condemnation Some are of opinion that then the Emperour is to undertake it others that it belongs to the Cardinals others to the Councell But those who were more deeply ingaged or spurred on by fairer hopes and goodly benefices doe not leave ought open not one chinke yea they come so farre as to say that those Councels which were not called by the Pope are bastards illegitimate void and of no effect condemning by this opinion those foure Generall Councels which Gregory the Great did reverence as the foure Gospels besides a great many more which wâ—re either holden without the Pope or at least which were not of his calling or where he was not President 8 True it is that some others which are more subtle to wave this objection put in this alternative Or consented unto and approved by him whereby they give us to understand that without this approbation all those ancient Councels should be either hereticall or without effect alwayes putting the Popes authority above a Councels I know very well that all learned men and truely religious soules doe abhorre this But seeing our Sophisters nowadayes doe here bring their owne dreames and fancies to make a cleare casâ— seeme doubtfull and seeing they cannot deny but the Emperours called those Councels they runne to the Popes consent or authority maintaining that it was ever interposed I shall prove the contrary by the Acts of ancient Councelsâ— by the testimonie of Histories and by the Popes owne confessions or their Decrees 9 The Councell of Nice was called by the Emperour Constantine by virtue of his Edict as is set downe in the beginning of the Acts thereof Chapter the 5â— The Emperour seeing there was some trouble in the Church called a Generall Councell exhorting by his letters all Bishops to repaire unto Nice a City of Bithynia The same is affirmed by Eusebiâ—â— Theodoret Socrates Zonaras Ruffin and many others Whence wee discover his forgery that framed the Epilogue of the second Councell of Rome In the time saith he of Pope Sylvester and Constantine the Emperour there was a great Councell holden at Nice in Bithynia where three hundred and eighteen Catholique Bishops were regularly assembled by the call and command of Pope Sylvester If this bee trueâ— the Acts of that Councell are false and so many ancient Authours all lyars which ascribe the Convocation of it to Constantine 10 And yet this goodly Epilogue is foisted in among the Councels as if it were an ancient piece whereas the authour of it is but a modern man for he hath inlarged Isidores prefaces putting in many things of his owne headâ— as in that of the Councell of Ephesus For Isidore having said simply At which Councell the most happy Cyril Bishop of Alexandria was president This fellow puts in of his owne Instead of Pope Celestine Which is detected by comparing Isidores Decree printed at Paris ann 1524 and 1537 with the collection of Generall Councels printed at Cullen ann 1537 and 1551. Bellarmine gives us ground enough to know it also inasmuch as he never maketh use of it It is true he maintaines that that Councell was called by
of the Churchâ— for not calling him to the Councell Forasmuch as by virtue of a law made in behalf of the dignity of Priests all Decrees are invalid which are enacted without the opinion and advise of the Pope of Rome Hence Bellarmine infers that Councels cannot bee held unlesse they bee called by the Pope and yet Pope Iulius doth not complaine that hee did not call the Councel but that it was kept and hee never called unto it Whereof hee had just occasion to complaine considering that a Councell cannot be termed Generall nor any Decrees and Canons made to binde the whole Church Catholique unlesse all those which ought to bee present especially the Patriarches bee lawfully called thereunto 5 Nor is this any speciall priviledge to the Bishop of Rome but a right common to him with all other Patriarches who ought of necessity to bee summoned to all Generall Councels And this is the reason why the second Councell of Constantinople is not accounted properly Generall because all the Patriarches were not there However saith Balsamon the Synod of Constantinople be no Generall Councell because the other Patriarches were not there yet is it greater than all other Synods and the Archbishop of that See is styled Vniversall Patriarch 6 For this cause also Nestorius when hee was summoned to appeare at the Councell of Ephesus answered that hee would so as soone as Iohn the Patriarch of Antioch was come thither for all the rest were there already to wit hee of Rome and hee of Alexandria in the person of Cyrill as also he of Ierusalem and for the other of Constantinople he was the man whose case was then in question And this was the reason why the Patriarch of Antioch was so highly offended with Cyrill who would not vouchsafe to stay for him that being come after the sentence of deposition against Nestorius hee bandyed with his owne Bishops against Cyrill and excommunicated him 7 The eighâ—h Generall Councel after the arrivall of the Patriarch of Alexandria's deputy who came somewhat tardyâ— Gave thanks to God at his comming because hee supplyed what was wanting to a Generall Councell and made it most compleat And Basil the Emperour calls those five Patriarches The five Architects of the Ecclesiasticall tabernacle Zonaras calls the same Patriarches constantly The Keyes or Princes of the Councell as when hee speakes of the Generall Councels of Ephesus the first of Constantinople and Chalcedon wee shall urge the words when wee come to speake of the presidency 8 The authour of the booke entitled Councelsâ— doth the like Nay they were not only called to Generall Councels but the custome was for honours sake to wait for them certaine daies when they did not come at the day appointed So they stayed sixteen dayes after the time was expired for the Patriarch of Antioch at the Councell of Ephesus It were good reason to give the like respect to him of Rome and so they should doe yet not so as that they should forthwith breake up the Councell or totally deferre it till his comming or pronounce all things null and invalid which were concluded upon without him It should suffice that hee was duely summoned as the rest of the Patriarches 9 Hereupon Talasius Bishop of Cesarea in Cappadocia upon a report which was current in the Councell of Ephesus that Pope Leo's Legats had beene summoned and yet disdained to appeare said Seeing so much hath been done as was decent and convenient for the Holy Councell to doe I hold it no way necessary to delay the time any longer It will bee answered that this Synod is rejected by the Pope It is true yet for all that the beginning of it was lawfull and the calling of it duely performed so that it is neither impertinencie nor contradiction to affirme That the saying of that Bishop was true and yet the Synod was rejected 10 The eight General Councel having expected the Popes Legats for certaine dayes and seeing they came not tooke this ensuing resolution Considering the deputies for the See of old Rome have beeâ—e a long time expected and that it is against all reason to wait for them any longer wee hold it an unbeseeming thing to slight and endanger the tottering Church of our Saviour Iesus Christ by such delayes 11 Wee are onely put to the pinch to finde out when this Ecclesiasticall Canon whereof we speake was made and who are the author of it Bellarmine holds it is one of the Canons of the Apostles and urgeth Pope Marcellus's authority to prove it But Marcellus onely fathers it upon the Apostles or their successors so that for all him the author might as well be a Pope as an Apostle Besides if so then wee should find it amongst the Canons of the Apostles whose greatest number is determined by the Synod at Constantinopleâ— in Trullo but to be fourscore and five howbeit others reckon fewer some fifty some sixty some seventy Bellarmine upon the testimony of Pope Iulius the first and the Councell of Alexandria saith this Canon was renewed by the Nicene Councell But we finde no such matter in the Acts and Decrees of the Councell of Nice Nor is it likely it should herein give any advantage to the Pope seeing that in the sixth and seventh Canons by limiting his power and jurisdiction it makes him equall to other Patriarchs Aâ— for the Councell Councels sometimes equivocate in their quotations It is said in the Synod of Carthage that Priests are enjoyned by the Nicene Councell to make their oblations fasting and yet Balsamon assures us that there is no such thing determined in the Councell nor indeed can we finde ought of it in the Acts which are extant among us at this day So likewise the Pope did equivocate who would have made the Councell of Carthage believe that there was a reservation in the Councell of Nice for appeals to him 12 It may bee answered that wee have not at this day all the Canons and Decrees of the Nicene Councell extant But I reply That it is not pretended that there were any more than twenty Decrees touching Ecclesiasticall Discipline Now all those wee have and the power of calling Councels which is the point in question is a matter of discipline As for those which concerne points of faith it skils not for the present whether there be more or fewer of them Yet I suspect somewhat which is not improbable namely that the confirmation of that Ecclesiasticall Canon which hee afâ—irmeth to have beene made by the Councell of Nice must bee referred to that which is ordained in the sixth Canon Where it is said That it is a plaine case that if any bee ordained Bishop without the opinion and advise of the Metropolitan hee ought not to bee acknowledged for such For this ought to bee extended to all things which are treated of by an assembly of Bishops So Balsamon expounds it who after hee had said
Forasmuch as the Bishop of Rome is Patriarch of the Westerne Provinces hee addes The Canons meane that Patriarches should be above Metropolitans and Metropolitans above Bishops to the intent that no matter of moment and importance bee done by the Bishops without them Now the Pope gaines nothing by all this for any Patriarch may serve himselfe of this Canon and apply it to his owne cause So likewise it is probable that the old Canon which was made hereabout spoke not of the Bishop of Rome in particular but had reference to all the other Patriarches and Metropolitans and that Pope Iulius being the first that complained of the breach of it alledged that Canon as if it had beene particularly in favour of himselfe howbeit it was conceived in generall termes And indeed hee is the speaker both in Socrates and Sozomen and those who afterwards mentioned the complaint or accusation which hee commenced against the Bishops in the Councell of Antioch in imitation of his words have also restrained the Canon to particular termes howbeit at the first it ran in generall 13 If this exposition will not give all the world content wee may say that that Canon being made as it is probable by the Bishops of the East they ordained that they should not set out any generall Decrees nor hold any Synodicall assemblies without calling in the Bishop of Rome unto them by that meanes to preserve the union of the Churches Decreeing thus much in favour of him rather than any other in consideration of his remotenesse as also for the same reason they allowed him to nominate some Greek Bishops for his Legats A way was invented saith Balsamon because of the length of the way that the Pope should have Legats out of our quarters yet were they not therefore under him For all this wee will never deny but by the See of Rome was alwayes held in honourable esteem both for the glory of the Citie which was the head of the Empire and the sanctity of the Bishops in those dayes nor that much reverence and respect was ever given unto it though not such and so much as they now take upon them And hence it is that the Bishops in the Councell of Rome writing to the Bishops of Illyrium amongst other reasons which they urge for the rejection of the Councel of Ariminum bring this for one because certaine Bishops whom they there mention never consented unto it and amongst others the Bishop of Rome Of whose opinion and advise speciall regard ought to bee had above all others 14 It may furthermore bee said and that not unlikely that this Canon was first made at that Councell which some say was holden at Alexandria in Palestine about the grand controversie concerning the keeping of Easter day if so be it bee true which is reported that Pope Victor was present there in personâ— together with Narcissus Patriarch of Ierusalem Theophilus Bishop of Cesarea and Ireneus Bishop of Lyons considering that as Eusebius relates about the same time there were sundry Canons and Decrees made in sundry Councels concerning that controversie which might very well give occasion to all those Patriarches and Bishops there met together to ordaine for the better avoiding of such difference for the future and preserving the union of the Church that from thenceforth no universall Decrees should be made unlesse all the Patriarches or Metropolitans were first called 15 Yet for all this I doe much suspect that Councell of Alexandria especially in that forme wherein it is presented to us it being very improbable that both Victor and Ireneus should bee there in personâ— and without question it is a mistake of our later Historians who misconceived the words of Eusebius telling us that about the same time there were divers Councels holden upon occasion of that divers celebration of Easter which some kept upon the fourteenth day of the moon the same day upon which the Passeover was kept others upon the sunday after as in Palestine by Theophilus and Narcissus at Rome by Victor in France by Ireneus and by others in other places And indeed that quarrell was not then accorded but continued till the Councell of Nice so that wee are yet to seeke for the authours of that Canon nor is there any body that can tell us any newes of them But be hee who he will it may suffice that wee have set downe the true meaning of it 16 Let not then Bellarmine and Baronius and all those that speake of it give any more right to the Pope by virtue of that Canon than hee himselfe pretended to have For Iulius never complained that the Councell was called by another and not by himselfe nor yet that the designe of holding the Councell was concluded upon without acquainting him with it but onely because he was not called unto it I know very well that the Popes afterwards have beene taught to speake another language Did I say afterwards nay even before too even those that lived before the Nicene Councellâ— who tell us wonders of the authoritie of their See who as they say command the Pagan Emperours and make lawes and rules against them who arrogate unto themselves the appeales from other Bishops and the jurisdiction of making all causes of their cognizance who foist in other Canons and Dâ—crees of the Nicene Councell upon us than those which were approved of and for their owne advantage who in case of appeale from other Bishops goe beyond the bastard Canon of Nice which the Popes to their owne shame and confusion would have had legitimated by the Councels of Africke who would perswade us also that it belongs to them to call Councels to preside in them to ratifie and confirme them although in those dayes there was no such matter Those good Bishops I say who never thought of ought but martyrdome and tortures have beene made to speake after their death what their life disavowed and gave the lye unto 17 But seeing that the rude and ignorant style of those Decrees betrayeth the asse unto us by the eares that this new plant could never yet take root in the understanding of the learned that the Popes owne Canons give us just cause of suspicion against them inasmuch as they informe us that the most ancient Decrees in this kinde are those of Sylvester and Siricius so that our predecessors long agoe rejected all those other which were said to be more ancient upon this ground because they were no where to be â—ound in that Codex Canonum which they used in their dayes besides that our Gratian assures us that excepting the twentie Decrees which we have of the Councell of Nice all the rest if yet there be any other are out of use and practice and not admitted in the Church of Rome wee will therefore forbeare that long discourse which we had prepared upon this subject and refuming our former thred will onely adde what was afterwards
if there bee any that undertake to usurpe any thing relying upon the lustre of their cities this aimes especially at the Patriarch of Constantinople repell all such enterprises with that courage which is requisite 10 It is an easie matter now to answer all the objections of this great Disputer The pronouncing of the sentence against Dioscorus was done in this third Session The Iudges and Senatours tell us so in the next action yea and that by way of complaint Your Reverence say they speaking to the Councel must give account before God for the case of Dioscorusâ— whom you have condemned without the Emperours knowledge and ours The Synod saith in their letters to the Pope That hee is in that Councell as the head to the members That is either in respect of the Presidency in that one Action or in respect of other Bishops but not in reference to the Emperour and his officers with whom these Popes Legats never once contested but ever gave place to them with all willingnesse taking it for a great honour to supply their place and execute their charge in their absence 11 Some of our age have left upon record that Pope Leo had an aime at this Presidence and that hee required it at the Emperours hands But in good time the Doctour himselfe gives them the lye For Leo himselfe in one of his letters to the Emperour Martian saith in plain termes But forasmuch as some of our brethren wee speake not this without griefe of hearâ— have not had the meanes of expressing a Catholique constancy against the storme of falshood it is fitting that Bishop Paschasin whom I send preside in my place And in very deed he complained both to the Emperours and Empresse of Dioscorus Bishop of Alexandria his being president at the Councell of Ephesus 12 But here is that which seemes to bee more pressing than all the rest namely that the Emperour and his officers were not Iudges of controversies of faith nor pronounced any sentence in those points but submitted themselves to the sentence of the Bishops in short that they were only to guard the action from troubles and tumults Bellarmin is the man that affirmes it and one of the Presidents of the Councell of Trent before him All this is pointblanke against the truth of the Acts. When the question was about debating some point of faith the Officers of the Empire who are constantly called â—udges throughout all the Acts of that Councell and the Senatours caused that to bee rehearsed which had formerly beene determined at the Councels of Nice and Constantinople concerning that particular and withall Pope Leo's Epistle which hee writ to Flavian Archbishop of that citie And because there were some Bishops which doubted of that faith the Iudges and Senatours decreed that the matter should bee put off for five dayes during which time Anatolius Archbishop of Constantinople should make choice of some few of the most learned to instruct them that were not fully resolved so as the whole Synod should not need to trouble themselves about it Hereupon there being a diversity of opinions some approving of that Decree and others not the Iudges pronounced That which wee interposed shall be put in execution 13 In the fifth Action they caused every Bishop to make rehearsall of his Creed and the rule of faith to bee read and ordained further that certain Bishops should be chosen and shut up in St. Euphemia's Oratory with Anatolius the Archbishop and the Popes Legats in the presence of the same Iudges Some of the Bishops falling at variance hereabouts the Iudges ordained that it should bee referred to the Emperour who being perfectly informed of all confirmed the Decree of the Iudges which was afterwards put in execution The Bishops elect being assembled together with the Iudges to treat of matters of faith after they had all agreed upon them went to the Synod to acquaint them with their resolution But it is requisite to set down the very words First it is said And the Iudges being entreated thereunto by all the rest went into the Oratory of St. Euphemiaâ— with Anatolius the Reverend Archbishop of Constantinople Paschasin and Lucentius Right Reveâ—end Bishops Boniface the Priest and Iulian the Reverend Bishop of Cos deputies for the See Apostolique of the great citie of Romeâ— c. And after they had treated of the holy faith they came forth and all sate downe The most magnificent and most glorious Iudges said The holy Synod is pleasâ—d peaceably to heare what things have been determined by the holy fathers assembled together in our presence who have also expounded the rule of faith Afterwards the determination concluded upon and put in writing was read which contained a ratification of what had beene formerly determined by the Councels of Nice and Constantinople in that behalfe In the next Action the Emperour being come himselfe in person confirmed that very Creed and enacted that from thenceforth it should bee embraced 14 See here a discourse somewhat of the longest indeed which yet was no lesse than necessary to convince such as will beleeve nothing without good warrant I will further observe to doe them a courtesie that Paschasin the Popes Legat in his subscription to that Creedâ— useth this forme Paschasin Bishop in stead of the most honourable Leo Pope of the Catholique and Apostolique Church of the citie of Rome who presided at the Synod hath ordained consented and subscribed hereunto Which must bee imputed to the vanity of the man for the truth is he presided not in that Action wherein this rule and Creed was made but the Iudges as hath beene said And which is more when they are spoken of that were nominated to make it in the presence of the Lay Iudges the Popes Legats are thrice put after the Patriarch of Constantinople 15 Now I demand further yet if the Popes Legats had presided in all these Actions what would they have done more than these Imperiall Iudges did They would have made the proposals they would have chosen a certain number of Bishops to draw the forme of confession they would have caused their resolution to be read which is all one with the pronouncing of the sentence they would have interposed their authority as the Emperour did in person that the matter might carry the more weight with it If they will say that they would have given voices which the Lay Iudges did not doe wee answere It cannot bee collected from the Acts of the Councel that the Iudges did not give their opinions tooâ— for whereas they say The determination was made in their presence they doe not deny that that they had any voice in it But I will grant they did not give their owne opinions yet they were the Iudges of others opinions and might reject what was resolved upon by the Synod in case they found it to be injust this is farre more than to give a voice And indeed when
it that the five Patriarches were all there in person or by proxéy which was not so in any of the rest All this is out of question but here 's the doubt Bellarmine pretends that Pope Agatho by his Legats presided there Hee urgeth Zonaras for proofe of his assertion who makes nothing for him but indeed against him See here the passage entire Constantine called a Councell at Constantinople the chiefe whereof were Pope Agatho's Legats George Patriarch of Constantinople and Theophanes Patriarch of Antioch for Alexandria and Ierusalem had no Patriarchs at that time being then taken by the Saracens When hee saith Chiefe or Princes hee doth not meane Presidents for so all the Patriarches should have beene Presidents there seeing the word relates unto all which yet Bellarmine denies to bee so If wee would expresse it in plaine English wee should say chiefe and principall for that is the genuine sense of the author 24 If wee should admit of other Presidents over the Clergy besides the Emperour it would not bee the Pope but the Patriarches of Constantinoplâ— and Antioch for hearke what Lambert an old Dutch Historian saith of it Constantine called the sixth Synod at whose request Pope Agatho sent his Legats to the royall Citie amongst whom was Iohn then Deacon of the Church of Rome This sixt Councell was holden at Constantinople where there were present one hundred and fifty Bishops George Patriarch of the Imperiall Citie and Macarius of Antioch being Presidents Hee cals them Presidents because either of those two Patriarches were there in person and the rest onely by their deputies 25 In the next place Bellarmine saith they are named first in all the Acts. Hee should have said they are named first after the Emperour and all his Officers that assisted there That is first among the Clergy this is the honour which belonged to Rome But hee addes further that they speake first I know not where he learn'd that but I dare beleeve hee never read it I desire no more for proofe of what I say but the Acts of the Councell themselves For of all the eighteen Actions of that Councell in most of them the Popes Legates doe preside so honourably that they speake never a word In the first they put up a complaint in some others they deliver their opinion as other men doe sometimes in the first place sometimes in the last sometimes after a good many Besides this order is observed the Secretary alwayes proposeth and the Emperour determineth in the eleven first Actions and last and in all the rest the two Patricians and two Exconsuls whom hee sent and substituted in his place And in pronouncing their Decrees both the Emperour and the Iudges by him delegated doe alwayes say The Emperour and the holy Councell or The Iudges and the Holy Councell said appointed commanded ordained c. No such matter with the Popes Legates Nothing passeth without the Emperour and his Officers be it they treat of points of faith or what else so ever they discusse controversies in divinity as well as the Bishops To bee shoâ—t a man cannot collect ought out of the whole story of this Councell but that the Emperour and his Officers were Iudges and Presidents of it And yet some dare say that the Emperour was no Iudge nor formall President of it that he pronounced no sentence there And for subscription all the Clergy signed first and the Emperour last of all His Officers did not subscribe at all it was not the fashion their masters subscription was sufficient And for his subscribing first or last it is neither here nor there to the cause If the Popes Legats had presided but in one Action only as at the Councell of Chalcedon they would have beene carefull not to forget that title of honour in their subscription It is a strong argument to prove they had not the Presidence neither in show nor substance for otherwise they would surely have told us some newes of it 26 As for the other sixt Generall Councell of Constantinople in Trullo the Emperour Iustinian the second did not only call it but presided in it The Bishops thereof addresse these words unto him in their preface Our Saviour Christ hath given us in you a wise governour a pious Emperour and a true President Wee know very well this Councell is rejected but we are yet to learn the just reasons of this repulse for Balsamon Patriarch of Antioch assures uâ— the Popes Legats assisted there 27 Wee have formerly by the way made mention of the Conference at Carthage betwixt all the African Bishops both Catholiques and Donatists called by the command of the Emperour Honorius who were summoned thither by the Imperiall Officers who disputed all along before Marcellinus the President and Iudge delegated by the Emperour who in fine passed his sentence of condemnation upon them 28 Otho the first surnamed the Great called a Councell at Rome the yeere 963. and presided in it There was a great Councell held at Rome saith Lambert wherein the Emperour Otho did preside with a great multitude of Bishops Abbats Priests Clerks and Monks by whose determination Bennet was deposed from the See Apostolique This was Bennet the fifth in whose stead Leo the eighth was created Pope 29 Otho the second sonne to the former being arrived at Ravenna in the yeere 967 saith Regino and having there kept his Easter with Pope Iohn the third hee there assembled divers Bishops of Italy and Romania and himself keeping the Councel he invented many things to the profit and behoofe of holy Church Therefore he was President and Iudge in the Councell 30 The Emperour Henry the sonne of Conrade being beyond all patience displeased with the excessive Simony which had got foot amongst the Câ—ergy called an assembly of all the Archbishops and Bishops of his Empire so saith Glaber Monke of Cluny in the last chapter of the fifth booke of his History After he had made remonstrance unto them of divers things concerning that point hee set out an Edict over all his Empire saith the same authour That no degree or Order of the Clergy or Ecclesiasticall Ministery should be purchased for mony and whosoever should be found to have given or taken any thing should be deprived of all his honour and be accursed You see then hee was Iudge and President of the Councell Wee shall then conclude for hereafter that not only the Presidence in Councels but the judgement also belongs unto the Emperours 31 Whereunto wee will adde as touching this last point That from the beginning to the end of the Councels all matter of action was performed by the Emperours or those to whom they committed that charge The Convocation was made by them the place was appointed by them the forme of meeting and treating was prescrib'd by them the number of persons both Clergy and Layty was stinted by them they forbad some and commanded others to
come there ofttimes they proposed the points which they would have consulted of and prohibited the mentioning of any other they guided the action caused the rest to give voices disputed cases passed their sentences approved the determinations which were agreed upon whether they were absent or present and many such like things they did 32 And yet for all this some would bear us in hand that they were no more but spectatours without contributing any thing thereunto besides their authoritie or to speake more properly that they were but the porters and doore-keepers of Councels the executers of their decrees Which honour is preserved unto them by the Councell of Trent for hearke how they speake of them in the 22 Canon of the last Session The holy Councell also exhorteth all Kings Princes Common-wealths and Magistrates and by virtue of holy obedience commandeth them to interpose their aid and authority for the assisting of the foresaid Bishops Abbats Generals and others that have the charge and superintendance of putting the said reformation in execution every time and as oft as they shall bee required so to doe And at the end of the same Session It remaines now that it exhort in the Lord as it doth all Princes so to emplâ—y their paines that they suffer not such things aâ— are decreed by â—t to bee depraved and violated by heretiques but that they and all others devoutly receive them and faithfully observe them Good God! where is now the time that Councels entâ—eated the Emperour with so much honour and submission and humblenesse of spirit to confirme their decrees yea when they came in corps from one Province to another to finde him out to acquaint him with them to entreat him to assent unto them and to authorize them CHAP. XII That the Pope did not preside in Generall Councels 1 HAving proved already that the Presidence in Councels belongs to Emperours and Kings it is good to inferre therefore there is no reason the Pope should arrogate it unto himselfe exclusively to all others and that the Councell of Trent is by good right rejected in France because hee tooke upon him to authorize it The Pope may yet pretend that this right belongs unto him at least by way of concurrence with others Hee would make us beleeve upon Bellarmines word that by meanes of his Legats hee alwaies presided in Generall Councels Wee have made it appeare that it is not so Hee may say perchance that at least hee presided in many of them Let us now prove the contrary which will be an easie matter to doe Wee have already shewed that Constantine was President in that of Nice Bellarmine saith it was the Popes Legats who were in number three and amongst them Hosius the Spanish Bishop was one Marke his reasons They all three saith he subscribed first True but not in the quality of Presidents they never say so but as supplying his place to whom the first ranke of honour amongst the rest of the Patriarches doth belong And to prevent a reply Bellarmine saith the same Hosius was President of the Councell of Sardis and yet we find one and twenty or more that subscrib'd before him This is ordinary in all the ancient Councels that hee who was most eminent in Ecclesiastical dignity subscribed first not he that presided There needs no more to prove this but to perufe the subscriptions which wee have for the most part at the end of the Acts. 2 In the next place hee saith Cedrenus and Photius affirme That Pope Sylvester by his Legats gave authoritie to the Councell of Nice I grant it but so did the other Patriarchs as well as he for without them a Councel cannot be called Generall And further there 's none denyes but the See of Rome carried alwayes a great lustre and that in consideration that the Citie was the head of the Empire but the conclusion is not worth a rush to say therefore hee was President there 3 For a thirâ— reason he serves himselfe of the authority of Athanasius who writes That Hosius was the Prince in that Councell and that he was the man that compiled the Creed But wee must consider that the word Princeps in that place doth not signifie President But when Athanasius useth it or Zonaras the verb 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or another the verb 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 they meane those that were the principall in the Councell for dignity or knowledge So when Zonaras speaks of those Patriarches that were present at a Councell he cals them all Princes of the Councell And speaking of the second Generall he saith that The Great Bishop Gregory Nyssen and St. Amphilochius were the Princes in that dispute And for Hosius he was the Bishop that by reason of his learning over-top'd all the rest not onely in this Councell but in all others wheresoever hee was present And this is the reason why the same Athanasius in his second apology saith What Councell is there where hee was not Prince Or who is hee that was able to withstand his Orthodox opinion What Church is there that hath not the most excellent monuments of his defences So then here 's the point Hee drew all the world to his opinion hee was admired for his learning and discourse and for that reason hee was as the Prince or chiefe above all the rest Ergo he was President We deny that argument 4 It is also agreed upon that the Pope did not preside at the second Generall Councell which was holden at Constantinople neither in person nor by his Legats It is true Bellarmine observes one thing which he thinks very advantageous for him which is That the Emperour sent â—uto the Bishops the Popes letters whereby they were summoned to the Councell But wee have already made it appeare that Bellarmines wits were a wool-gathering when he made this exposition seeing the Popes letters to the Emperour doe not decree that convocation but on the contrary the Pope summons the Easterne Bishops by virtue of the Emperours letters as wee have shewed elsewhere at large Hee excuseth the Pope for not being present at that Councell of Constantinople We admit of his excuse but we intreat him withall to beleeve that though hee had beene there hee should not have presided unlesse it had beene the Emperours pleasure For whereas hee saith the Bishops of that Councell doe by their letters acknowledge the Pope for their head and call themselves his members we deny that it is ought so They doe not direct their letters to the Pope but to the Councell of Rome which had writ unto them and whereto they returne an answer Afterwards they call themselves members of the Councell but doe not speake a syllable of the head What can he gather thence for the Pope 5 Bellarmine concludes that Nectarius Bishop of Constantinople did preside in the Popes absence But I doubt of that for I have read in Theodoret that the
of a new Pope in case the See become void We shall onely say that this is so because it is the Councell which gave the Cardinals this power of chusing the Pope to wit that of Lyoâ—s and that other of Vienna and therefore if there bee one assembled when the See fals void it belongs to it onely to proceed to the election or to depute such aâ— they shall thinke good to doe so Now the Councell of Trent having divers times suffered them to usurp this right of election it must needs be confest that it had not the force and authoritie of an Oâ—cumenicall Councell 35 Pope Leo's Constitution made at the Councell of Lateran whereby he derogates from the Councell of Basil and the Pragmatique Sanction as concerning the authoritie of a Councel above the Pope is also notoriously known to every body whereof we shall speake towards the end of this Treatise 36 And for the faculties of the Popes Legats to dispense with Councels this is proved by those granted by Iulius the third to Cardinall Saint Martiâ— de Montibus in the yeare 1551. and to Cardinall Saint George de Vitulo aureo the yeare 1553. by Paul the third to Cardinall Caraffa the yeare 1556. and to Cardinall Trivultio the yeare 1558. by Pius the fourth to the Cardinall of Ferrara in the yeare 1561 all Legats in France We find this clause in all these faculties To oppose the gainsayings of Generall Councels and to derogate from them CHAP. II. That Popes are not above Councels 1 TO make some of the injustice of this usurpation and ascribing too much to the Pope appeare more plainly wee will make it evident by authentique proofs that the Pope hath no power over a Councell We shall content our selves with touching upon the most pregnant reasons yea and to omit such of them too as would draw us into over long discourses Though wee had no authoritiâ— at all to prove that the Pope hath not any jurisdiâ—tion nor command over a Councellâ— reason alone were sufficient to lead us to this perswasion Granting that to be true which is disputed by some that the Pope is the ministeriall Head of the Chuâ—câ— it is an unusuall thing in all companies and congregations supreme Monarchies onely excepted that the Head should have more power than all the body Hee may doe much when hee is joyned with it but by himselfe if hee doe ought which doth not proceed well it belongs to his body to take order with it to take him under their cognizance to judge of his proceedings and of appeals from him and such like matters Otherwise the inconveniences are too great when a ministeriall Head hath absolute authoritie If he be unjust perfidious wicked corrupt abominable impious tyrannicall inhumane wee must have patience and submit our selves to all there being no other remedie but prayers and teares to which alone these honest Doctors bid us have recourse 2 For another reason what good will it doe us to have Councels hereafter to what end shall wee use them if they depend entirely upon the Popes authority if hee alone may alter all in an instant make new Canons and Decrees and no body can say to him Why dost thou so 3 Lastly what a misery or rather what an abuse is this that the name of the Church should bee confin'd to one man that so many goodly qualities and prerogatives as are ascribed to it should agree properly to the Popeâ— Yea that hee himselfe should be both the bridegroome and the bride And I desire all good Catholiques to take notice of this and to open their eyes that from henceforth they may discerne these illusions They ascribe unto the Pope both the nature of the Head and the nature of the Body they say hee is the Bridegroome and they will have him to bee the Bride too Heare the testimony of Bellarmine concerning this All the names saith hee which are given to Christ in holy Scripture whereby he is set above the Church the same are all ascribed to the Pope too He is called the Head of the body of the Church Hee is styled the husband or speuse See here what he saith in one placeâ— Heare also how hee speaks in another place treating of the same subject and expounding that passage out of the eighteenth of St. Matthew If thy brother have offended thee tell it unto the Church being not able to disintangle himselfe from that which is objected that those words are directed to St. Peter and by consequent to the Pope I adde saith he that the Pope may fulfill this command by a way of his owne first hee must reprove him that hath offended in private then afterwards before witnesses lastly the telling oâ— it to the Church that is the telling of it to himselfe as President O terrible id est which like a magick spell shewing us the Pope sometimes like a man sometimes like a woman makes him an Hermaphrodite One of the prime expositours of the Canon Law expounded those words thus Tell it to the Church that is to a Councell But that opinion is now cashier'd Wee doe not live in those times wherin they spoke on that fashion these are the nowadayes termes of heretiques and such as are more dangerous 4 I know very well the word Church hath reference sometimes to the Pastors of it and that St. Chrysostome expounded the place thus Tell it to the Church that is to those that preside in the Church And we are content to understand it so but this were to call the Pope in question upon the same controversie which wee have now in hand for St. Peter and by consequent the Pope being commanded to tell it to those which preside in the Church that is to his brethren and fellow-Bishops this is to make some haile-fellowes with him and to hold the authority of a whole Councel of more force than his alone which wee will not allow of Here you see the reason why it was necessary to turne that word Plurall into a singular and to understand that passage in such a way as the Pope may propound a question to himselfe and presently make answer to himselfe and so play Martin the Priest both Priest and Clerke 5 Hereafter wee must glosse that glosse upon the Decree where it saith If the Pope chance to offend his fault may be told unto the Church if so bee it be lawfull to accuse him To the Church then that is to the Pope to himselfe and no other Wee must also make Pope Gregory speake a most fearfull languageâ— and say in spite of his tâ—eth what he never so much as thought on Pope though he were for in an epistle of his writ against the Patriarch of Constantinople who styled himselfe Vniversall Bishop We saith St. Gregory speaking of himselfe to whose prejudice such and so great a fault by a bad attempt hath been committed doe observe that rule which Truth it selfe commanded
saying If thy brother hath offended thee c. I have therefore endeavoured by meanes of those whom I sent in my behalfe with gentle words once or twice to correct the fault which is committed in the whole Church and now I write my self I have left nothing undone which I ought to doe with humility but if I bee sleighted in this my correction it remaines that I must adde the Church That is according to Bellarmines opinion It remaines that I tell it to my selfe Anâ— Pope Nicholas the first will bee in the same taking who useth the same threatning to one of our Kings namely Lotharius in case hee would not forgoe his concubine Gualdrada 6 But see here a greater mystery yet for by this reckoning wee shall finde that the Pope is greater than St. Peter Heare what the same St. Gregory saithâ— in the same epistle Peter saith hee the chiefe of the Apostles is a member of of the holy Catholique Church Paul Andrew Iohn what are they else but heads of particular persons and yet all members of the Church under one head and to binde up all in the compasse of a brief manner of expressionâ— the Saints were before the law they are under the law they are under grace too and yet all three making up the body of the Lord are made members of the Church Now say we to make our argument good But the Pope is the Church therefore he is greater than St. Peter yea than God himselfe For it is said in this passage that all these Saints which are members of the Church make up the body of the Lord. But the Pope is the head of the Churchâ— nay he is the Church it self ergo he is greater than any of the Saints yea than Christ himselfe Besides all the world is spoken of in that passage except the Pope and yet he was a Pope that spoke it But there is nothing lost by this if this exposition bee admitted Only I finde my selfe a litle troubled to make sense of those words spoken to St. Peter in the same place of St. Matthew If he will not obey the Church let him be unto thee as a heathen or publican For it should seeme by these words that the Church and St. Peter are two things But I am out for is it all one as when we speak to a King to whom we sometimes say You and sometimes Your Majesty Good God what absurdities be these what impieties what monsters in an age so enlightned so well weeded You see here the testimony of one Pope behold yet another 7 Pope Damasus making answere to the Iudges deputed by the Synod of Capua in the case of Bonosus who did him the honour to aske his advice I received your letters saith he whereby either in truth or in modesty you have beene pleased to ask our opinion But it being adjudg'd by the Councell of Capua that Bishops next adjoyning should be assigned for Iudges to Bonosus and his accusers we are of opinion that the forme of judgement cannot stand with us for if the Synod were at this day unbroken up we should haply ordaine the very same which is contained in your commission It is your part therefore who have undertaken the charge of the judgemenâ— to proceed unto it and pronounce your sentence upon all that concernes itâ— against which nothing must be attempted And anon after Wherefore it is necessary in the first place that they passe judgement of it to whom the power of judgeing is committed For us it were not sitting that we should judge as having no commission so to doe by authority from the Synod To this it is said in the Popes defence that if he would have judged of this case he might have done so That 's true he being so fairely invited to it But it must be granted too that if he had not beene intreated to it by those to whom that charge was committed by the Councel he could not have done it Now it was wisely done of him not to meddle in it being he had no commission for in case either the defendant or the plaintives should have complained to the Councell of his judgement he could not have stood to it Hee addes that hee would have beene willing to have passed his sentence of it if the Councell had beene then assembled Which must bee understood in case hee had been required or appointed by the Synod so to doe For otherwise what greater power could he have during the sitting of the Councell then afterwards To say that hee would not meddle with it for feare lest he might seeme to wrong the Councell by reason of that deputation of Iudges by it already made the wrong had beene farre greater if hee should have bearded the Councell and undertaken to doe it without being appoynted thereunto 8 Pope Symmachus who lived at that time when Odoacer was King of Rome fearing least there might be some trouble about the Election of his successour entreated Basilius the Kings Lievetenant in that City that hee would assist at the election which was the reason that hee made a Decree about it But Symmachus perceiving the displeasure which the rest of the Clergy conceived against it caused a Councell to bee assembled to consult upon the matter which declared that the writing containing that Decreeâ— was of no forceâ— adding further that although it were valid and might stand Yet it was the Popes duety to repeale and cancell it in a Synodicall assembly 9 Here are two or three things remarkable in this matter 1 One that it was a Provinciall Synod of the Bishops of Italy as appears by the subscriptions where the Pope hath the maine authority as being the head of it according to the sixt and seventh Canons of the Councell of Nice in the commentary upon which Balsamon saith it was decreed by the sixt and seventh Canons That the foure Patriarches should bee honoured according to the ancient custome to wit he of Rome Alexandria Antioch and Ierusalem For the â—atriarch of Constantinople was created by the following Councell And speaking of the three last he assignes to every one of them their severall Churches and Provinces In as much saith he as the Bishop of Rome hath also under him the Westerne Provinces 2 Another that Symmachus caused that to bee abrogated by a Councell whereof himselfe was the authour as appeares by his owne relation extant in the Acts of the Councell 3 Thirdly that the Councell saith it belonged to him to cancell that Decree not of himselfe alone but together with the body of a Councell See now what wee inferre from hence If the Pope had recourse to a Provinciall Councel for the abrogating of a Decree whereof himselfe was the authour if the Councell did abrogate it if it said that the Pope could not repeal it himselfe but together with the assembly of a Councell then it follows that the Pope hath no authority of himselfe at least not
them with the appointment of the time and place CHAP. V. This maxime Thaâ— a Councel is above the Pope proved in expresse termes 1 WHerefore notwithstanding these examples objected to the contrary considering the weaknesse of them wee may justly inferre that the aâ—cient Popes having confessed and acknowledged the authority of Councels to be greater than their owne having been judged and condemned by them both in matters civill and criminall as also appeals from their sentence unto Councels having been allowed therefore they are inferiour to them and ought at this day to acknowledge their power and authority But wee must yet undertake a greater task and shew that this maxim That a Councell is above the Pope is in expresse termes in the Decrees of Councels the Constitutions of Popeâ—â— the decisions of Doctours the opinions of Vniversities and the approbations of Princes and Provinces 2 Wee can scarce bring ought from them any higher than since the Councell of Constance by reason that the question was not yet on foot and they never thought of resolving iâ— in expresse termes Yet this was the opinion of the first Councell of Pisa which was holden before that of Constance which deposed two Popes at one time and created another in â—â—ed of those two who was acknowledged for a true Pope namely Alexander the fifthâ— And for the fact heare what Nauclerâ—â— saith of it It was disputed a long time at the Councell of Pisa about the pretended deposition of the Popes principally by Lawrence de Rodulâ—is Doctour in both Lawes and Professour at Florence to wit whether supposing it for true that the two Popes scandalized the Church by the open violation of their oathes and of the vow which they had made for the union of the Church considering they had no regard of it but by mutuall collusion did dissemble it and that a most wicked schisme is very harmefull to the Church Whether I say the Cardinals might call a Councellâ— and both Popes being cited to the Councell and not appearing but persisting in their contumâ—â—y might be deposed and whether they might proceed to the election of another Whereupon after a long dispute in the presence of many Doctours of Divinity and both the Lawes it was at last resolv'd without contradiction they all being of the same minde that it might be lawfully and Canonically done 3 As for that of Constance the formall Decrees of it are extant in the fourth and fifth Sessions The holy and Generall Councell of Constance doth ordaiâ—â— and declare that a Synod lawfully called in the name of the holy Ghost making a Generall Councell and repreâ—enting the Catholique Church militant hâ—â—h itâ— power immediatly from Christ to which every one is bound to obey in what estate or dignity soever he bee set though it bee in the Papall forasmuch as concerneâ— faithâ— the extirpation of Schisme the generall reformation of the Church of God both in the Head and members This iâ— the former Decree but the sâ—â—ond is yet more expresse Item it declares that whosoever shall neglect to obey the commands statutes ordinances or decrees of this â—acred Synodâ— or of any other Generall Councell lawfully assembled in the things aforesaid 〈◊〉 others tâ—â—â—â—to appertaining made or to bee made if hee doe not repent of it hee shall undergoe a condigne penance and shall be severally punished yea and that with recourse if need requâ—â—e to other remedies of law against him 〈…〉 estate or dignity soever hee bee though he be Pope These Decrees were confirmed by the Councell of Basil and inserted â—ord for word in the second Session held in the year 1431 and againe in the sixteenth and eighteenth Sessions in the year 1434 and in the thirty third Session holden 1439. The Councell holden at Bourges in our Realme of France under 〈◊〉 the seveâ—â—â— in the yeaâ—e 1438 confirmed the same Decree and transcribed it verbatimâ— into the Pragmatique Sanction 4 There was another Generall Councell holden at the City of Lausanne in the year 1449 where Pope Felix abâ—ured the Popedomeâ— and Pope Nicholas the fifth was confirmed in his place The Acts of that Councell which was a Generall one contain only foure pieces to witâ— the renouncing of the Popedome by Pope Felixâ— a general absolution of excommunication the new creation of Pope Nicholas the fifth and the dissolving of the Councel Whence I have extracted these ensuing places which serve for this purpose In the first Act Wherefore there is need of strong and ready succours forasmuch as the authority of sacred Generall Councels now more stirred than ever doth not onely shake but is already borne downe to the ground For the decision of the Sacred Councel of Constance which ought never to be forgotten is not yet quite oâ—t of memory to wit â—o wit that a holy Synod lawfully called in the name of the Holy Ghost making a Generall Councellâ— and repreâ—enting the Catholique Church militant hath its power immediately from Christ to which every one is bound to obey in what estate or dignity soever hee bee set though it bee the Pope for as much 〈◊〉 concernes faith the extirpâ—tion of Schisme and the generall reformation of the Church of God both in the Head and the members â—o the creation of Pope Nicholas 't is said To set the holy Church of God aâ— peace and union wee have directed our petition to the person of Thomas the welbeloved sonne of the Church called Nicholas the fift in his obedience hopeing that he will doe what onâ— that is to be Pope ought to do having understood by credible information that he beleeves and followes that which is truth for the preservation upholding of the authority of Sacred Councels so as it was determined declared at the most sacred Synod of Constance renewed at the holy Councel of Basilâ— received preached and dogmatically delivered by the Prelats Kings Princes and Vniversities of the earth to wit that a generall Synod lawfully called in the name of the Holy Ghost making a Generall Councell c. Which is the Decree of the Councel of Constance at large as it was above rehearsed 5 In the year 1512 there was another Generall Councell holden in the city of Pisa afterwards removed tâ— Milan where these same Decrees of the Councels of Basil and Constance were afterwards confirmedâ— So saith King Lewes the twelfth in his letters patenâ—s dated the 16 of Iune 1512. verified in the Court of Parliament containing an approbation of the said Councell together with his letters written to the Vniversity of Paris containing an exhortation and injunction to them to examine the booke of Thomas de Viâ— Cajetano intitled De comparatione authoritatis Papae Concilii which hee had writ against the Councels of Constance Basil and the second of Pisa and likewise against Iohn Gerson Chancelour of Paris But there is no need of seeking proofes abroad considering that the very Acts of the Councel it selfe do
in the 18 of St. Matthews Gospel Tell it unto the Church Where as it is collected from that which follows is signified the power of jurisdiction given to the Church Synodically assembled And there are many good writings upon that subject and divers â—estimonies of Scripture whereby that truth of the Councels of Constance and Basil is confirmed There have been infinite books and treatises writ of it already The second part is cleare inasmuch as the sonne the servant the Scholar is bound to obey his mother his maistâ—r his schoolmaister but the Church is the mother the mistresse and the pedagogue of all the faithful in Christ of which number the Pope is one though he be the eldest sonne and the chief servant styling himself not in a feigned humility but in a Catholique verity Christs Servants Servant and the principall among all the other disciples of the faith So then he is set as the rectour pastour and Doctour of the rest of the faithfull of Christ in Christs corporall absence who is alwayes mystically and spiritually present and by Christ the spouse of the Church the father lord and maister of the faithfull by the authority of Christ and of the Church his wife and Spouse which is another new Eve sacramentally taken out of the side of the new Adam sleeping upon the crosse and joyned in marâ—iage with him as th'Apostle witnesseth This is a great sacrament betwixt Christ and the Church not betwixt Christ and the Pope Whence it is easie to shew that the Church Synodically assembled is a judiciall consistory and supreme over all the faithfull of Christ. And from hence also the third part of the conclusion is evident inasmuch as no party can transferre or dissolve the Iudges Seat at his pleasure For if the Pope had this power he should bee above not under the Church using not a mere borrowed power of the Apostolique keyes but an absolute free Princedome a jurisdiction belonging to himselfe And hee should not bee only the Pastour and steward over the sheep and lambes of Christ but the King and Pastour of his owne sheep against that which is said in the last of St. Iohns Gospel Feed my sheep hee â—aith not feed thine own Besides if the part had power over the whole the thing contained over the continent the particular badnesse of the Pope might oversway the universall good of the Churches intention and the Popes pleasure should be a law to the whole Church And that Church which in one of the Articles of our Creed we beleeve to bee holy built upon the immoveable rocke of our Christian faith should be made subject to a moving to a moveable and erring Prince against which saith Saint Ierom neither vices nor heresies which are meant by the gates of Hell shall ever prevaile 3 The Vniversity of Erford was of the same opinion and gave the same advice concerning the receiving and approbation of the Councel of Basil which they directed to Theodorus Archbishop of Mentz in the year 1440 we will here set downe some passages of it Now it is fitting to set which of the two ought to bee obeyed whether Eugenius or the holy Councel having shewed the validity and subsâ—stence of the Councel of Basil the superiority and preeminence of the Councel is proved thus Although the Pope or supreme Bishop bee so the principall part of the Church or in the Church that there is no one member of the said Church or particular councel greater or more principal than he nor indeed so great as he is avowed and acknowledged to be by all those that have treated of the power of the Pope Yet no Catholique that will understand the maâ—ter can eâ—er doubt but that the whole Church or a firme and subsistant Generall Councel 〈◊〉 greater than he and his superiour in matters that concerne faith or the extirpation of schismes or the generall reformation of manners For this was determined by the authority of the Church Catholique at the sacred Councell of Constance and confirmed at the holy Synod of Sens and of Basil in these words That a Synod lawfully assembled in the name of the holy Ghost making a Generall Councell and representing the Church militant hath its power immediatly from Christ to which every one is bound to obey of what estate or dignity soever hee be though he be Pope in matters which concerne c. And although this declaration of the Catholique Church might suffice alone to prove the supreme authority of sacred Councels upon earth yet notwithstanding for the greater confirmation of what hath been spoken That the rest of the body of the Church excluding the Pope if he bee contrary to it hath this authority there may be brought both reason and experience and authority In the first place reason teacheth us c. After they have proved this in manner aforesaid at last they conclude in this sort Considering then that all General Councels are grounded upon such authority that if they be assembled about faith reformation of manners that which belongs thereunto every man from the least to the greatest is bound to obey them as also considering they cannot erre and that the sacred Councel of Basil continues firme and undoubted untill this day as hath beene proved From hence three things are inferred First That if a General Councell and the Pope though hee bee truely and reallie Pope be at variance and command contrary things the most illustrious Princes Electours and all other Christians ought and are bound to obey the Councel and leave the Pope The second that the sacred Councell of Basil and Pope Eugenius that was commanding contrary things they are bound to yeeld obedience to that sacred Councel and not to Eugenius Yea to account him no Pope seeing the Councel had power to proceed to the deposing of him for his disobedience The third that they are bound to obey the most holy Pope Felix who was chosen by the Councell 4 The counsell and advice which the Vniversity of Vienna gave to the Archbishop and Metropolitan of Salizburg upon his request made unto them is conformable to the former To the second namely whether the holy Councell of Basil had full power to proceed against Eugenius and to depose him and create another it is answer'd That the holy Ghost hath openly declared by the Organ of the sacred Councel of Constance that the Church and a holy Councell whâ—ch represents it hath such a power over any man whatsoever he be although he be placed in Papall dignity Afterwards they adde the Decree of the said Councell which hath beene here alledged already together with another of the same Councell made against those that doe not obey the commandements thereof though they be placed in dignity Papall And in another place 't is said It followes then that the Holy Ghost is there at the General Councel but not as a subject but as a supreme President from whom it is not lawfull
without any examination How does that appeare doth not the passage above recited shew the contrary It is not said there were any disputes or controversies about it nor that any man did stand out against it nor that there were diversities of opinions about it What is it therefore lesse valid because it was agreed upon by the common consent of two hundred Fathers by so many Cardinals so many men of note and decreed at two severall times and at two severall Sessions which is a sufficient testimony that it was maturelie consulted and deliberated upon Besides it is thought sufficient to register the Decrees and resolutions in the Acts but not the disputes For example AEnaeas Sylvius tels us at large of very deepe and difficult disputes that were controverted at the Councell of Basil about this very point to wit concerning the power of a Councell in relation to the Pope And yet hee that shall read the Acts of that Councell will finde nothing there but the bare Decrees without any mention made of the discussion which was of them 6 When Eugenius his Legats were arrived at Basil to preside at the Councel in stead of the Pope by virtue of his letters They were not forthwith admitted saith the Vniversity of Cracovia but a greater number of the most learned Doctours in the world were deputed that having searched the Scriptures and the sacred Canons they might advise whether these Presidents ought to bee admitted to a coercitive Presidence and full authority such as they demanded or no. Who having continued a long time upon that deliberation they were of opinion that this coercitive Presidence ought not to bee granted them And the thing being afterwards consulted upon it was concluded according to their opinion Read now the seventeenth Session of that Councell you shall finde nothing there but the bare resolution without a word of this above So that we beleeve that this Councel of Constance which consisted of the most learned Devines and Lawyers that were then alive did not passe these two Decrees till they had throughly examin'd them especially considering the thing was put to the tryall againe 7 Bellarmine wrongs them to beleeve otherwise of them but wee shall not wrong him by retorting his exposition upon himselfe and his Councel of Trent and rejecting all the Canons and Decrees of it as not made Conciliariter For there is not a syllable to that effect in the Acts of the Councell but on the contrary wee have shewed by divers testimonies that they did nothing but suppe up the porredge which was sent them from Rome But 't is strange that in his exposition by the word Conciliariter hee would exempt those Decrees from Pope Martins approbation The word to an understanding man signifies no more but Synodaliter that is in a Synodicall assembly Now it is certaine these Decrees were made in full assembly and in two severall Sessions What would he more 8 But I desire all men to observe this one thing that the Councell of Constance was not question'd or controverted of old in this respect as appeares from those passages which we have produced in the former chapter out of the Opinions and Advices of the Vniversities of Germany and Poland who hold the authoritie of the Councell of Constance for undoubted and argue from it as from a received and irreproveable authoritie Pope Martin did suâ—ficiently approve it when hee tooke an oath at his coronation To beleeve and maintaine the holy Catholique faith according to the traditions of the Apostles and holy Generall Councels When he called the Councell of Basil by virtue of the Decree of the same Councell of Constance considering that that Decree puts a cavesson upon the Popes nose and subjects him to a Councell by prescribing a law unto him for the calling of Councelsâ— limiting him the time and forme of convocation and all with the approbation of the Synod debarâ—ing him of the power of delaying the convocation Adde hereunto that the Councell of Basil approved that of Constance in all things and to all inâ—ents and in particular those Decrees which are now in question 9 We adde that Pope Felix did likewise approve of it in full and expresse termes setting down the first Decree of that Councell word for word Wherin is contained the power of it over the Pope Yet Bellarmine cals it into question againe and saith it was not approved in that point It was saith hee lawfully begun but unlawfully ended Wee on the contrary affirme that it was also lawfully continued and ended this we prove by the approbation of three Popes To wit of Eugenius the fourth First because Cardinall Iulian his Legat was present there when those Decrees concerning the power of a Councell over the Pope were made with full power on the Popes behalfe Secondly by his Bull extant among the Acts of the Councell in the sixteenth Session Behold here the very words Wee denounce and decree that the said Generall Councell of Basil was and is lawfully continued ever since the time it first begun and that it hath had a continuall succession and that it ought to bee continued and prosecuted about the things aforesaid and others belonging thereunto as well as if it had never beene dissolued By those words the things aforesaid he meanes the reformation of the head and the membersâ— and others specified before Platina witnesseth as much in his life At the beginning of his Popedome saith he guiding himselfe by bad counsell he put all things both divine and humane in confusion For he stirred up the people of Rome to armes and authorized the Councell of Basil which was a cause of infinite evils by reason of his approving the Decrees of it by his Apostolicall letters This testimony cannot â—ee rejected as proceeding from an historian passionately affected towards Eâ—genius 10 Nauclerus gives the like testimony Eugenius saith he endeavoured to remove the Councell of Basil to Bonony but the Emperour and the rest of the Princes and Prelates which were then at Basil did not onely disobey him but which is more they warned him two or three times to come to Basil with his Cardinals the proper place and which was chosen by Pope Martin otherwise they would proceed against him as a prevaricator and contumacious person Eugenius being moved with their language confirmed the Councell of Basil by his letters Apostolicall giving every man leave to goe thither When the Legats whom he sent to preside there were received with great solemnity in the presence of the Emperour Sigismond who assisted there in his Imperiall robes and of some other Princes the foresaid Decrees concerning the Councels authoritie over the Pope were renewed in the next Session following yea at the very time of their admittance and incorporation they swore to maintaine the said Decrees And yet there was no coercitive presidence granted unto them but with submission to the Councell as appeares
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
of Iulian the Apostat whose name thou hast borne for a long time Conveniunt rebus nomina and unfold and display the Apostolicall keyes and the three crownes in the field sleep in the watch-tower God knowes how bravely hee made the crosses crosiers and mitres to clash and flourish in the campe The divell himselfe durst not have come there For benedictions and plenary indulgences à poena culpa marched so thicke as nothing more And to prove this true in the moneth of August last past when I complained to one of the late Pope Leo's Chamberlaines of the inconstancy or rather disloyalty and treason of Pope Leo the tenth who against his faith and promise so solemnly sworne at the Parliament of Boloyne to the most Christian King Francis of France had declared himselfe the Kings enemy wondring with my self at the litle fidelity and loyalty of the moderne Popes more especially of the two last Iulius the Genoois and Leo the Florentine considering that in former times the Popes would have chosen to suffer death rather than breake their promise he swore and protested unto me that when Ferdinand King of Aragon came out of his countrey of Spaine into the City of Savoy the same Pope Iulius had sent him an absolution from the treason which was then hatched and plotted to cozen King Lewes of France He speaks more of this point than I was aware of for he joynes Leo the tenth with Iulius And if I were not afraid to be cenâ—ured that I went about to expose the personall vices of this Leo contrary to my protestation I could here represent him all loaden with vices and crimes It shall suffice me to referre the reader to those that have spoken of his life and amongst others to Langius a German Monke 27 See here then the two authors of this Councell of Lateran which is now opposed against the first and second of Pisa those of Constance Basil Siena and Lausanne and against our Pragmatique Sanction The former called it and the latter continued it The former triumphs victoriously over the Councell of Pisa and the latter over the Pragmatique Sanction and together with it over the Councels of Basil and Constance if wee may beleeve them in this point and let them alone here Wee may then affirme that this Councell of Pisa was lawfully called and upon just and necessary causes and on the other side that this of Lateran ought to bee reputed schismaticall and illegitimate being it was assembled by a Pope doubly perjured and contumacious onely to serve his owne passion to decline a reformation and live in disorder to make a mocke of that laudable designe of the Princes and Clergy who dreamed of the good of Christendome But the French are unworthy the honour of their nattion if they do not for ever detest and abhorre this pretended Councell which did so much mischief and trouble to that great Prince Lewes the twelfth which did anathematize him and interdict his kingdome which raised up armies on all sides to assassinate him which made the fields blush with bloud which caused the townes and kingdomes that did him homage to be invaded which pronounced a nullity and flaw against that which was ordained and decreed at the Councell of Pisa by the most famous Prelates and Vniversities of this Realme 28 Signauter dico which did interdict both the King and Kingdome for it is not Iulius alone but all his Councell In the third Session whereof was that thundering Bull of his made which remaines there yet all entire Out of which I have collected this piece With the approbation of the sacred Councell we condemne reject detest and declare to be void invalid and of no effect all the acts facts gests and writings published and ordained by the children of damnation Bernardin Caravaial William Brizonnet Renald de Pria and Frederic de Saint Severin heretofore Cardinals together with their favourers abettours and complices Schismatiques and Heretiques who endeavour to breake the union of the holy mother Church by the Conventicles of Pisa Milan and Lyons We doe likewise with approbation of the same Councell which hath full cognizance thereof renew our letters whereby wee have interdicted the Kingdome of France because of the approving favours assistance and adherence of the said King of France and other Prelates Officers Nobles and Barons of that Realme unto those schismatiques and heretiques for the keeping and continuing of that damned and reprobate Conventicle of Pisa. And we submit unto this interdict the said Kingdome with all the townes territories cities and other places whatsoever 29 I am not ignorant that after this Pope was dead the same King Lewes who had approved the Councell of Pisa by his letters patents of the 16. of Iune 1512 verified in Parliament came afterwards to dissolve and renounce it that he might joyne with that of Lateran which had changed the master and that because of the good affection which Leo the tenthâ— the successor of Iulius shewed towards him I know likewise that the Concordat betwixt the same Leo and King Francis was afterwards made which is recorded in the eleventh Session of that Councell and that afterwards in the same Session the abrogation of the Pragmatique Sanction and the Councell of Basil for as much as concernes the power of a Councell over the Pope was concluded But I answer that this Councell of Lateran was then but a meere Conventicle considering it had in all but sixteene Cardinals and what Patriarchs what the Popes assistants oâ— Orators but eleven with fifty three Bishops one Abbat and foure Generals Of which it was said by the Vniversity of Paris in the Act of Appeale put up by them That it was not assembled in the name of the holy Ghost This we urge of purpose against Bellarmine who holds that the Councell of Constance was not Oecumenicall for what concerns the Decrees of the fourth and fifth Sessions though there were to the number of two hundred Fathers because some schismaticall Bishops were absent Besides it is certaine that the abrogation of the Pragmatique and the Councell of Basil as touching the power of Councels over the Pope was never approved in France no more than in other places and this was it was disputed at the time of the Concordat and which they would never yeeld to 30 For proofe hereof there needs no more but the reading of the opinions of certaine Bishops in that Councel which are set downe in the eleventh Session then when that point was canvassed After the reading thereof say the Acts their fatherhoods were asked whether this Concordat pleased them They said all plainly that it pleased themâ— except the reverend Father Domenic Bishop of Lucerin who said the things contained in the Bull pleased him alwaies provided that the French accepted the other Bull containing the repeale of the Pragmatique Sanction Two other Bishops were of the same opinion but all the rest went along
Donation of Constantine he was but one of the Councel of Basils frogs but this he pronounceth as Pope that is as one who is now better advised having all wisedome both divine and humane in his pantosâ—e and all law in his budget 16 I will not now spend time upon answering the arguments which Bellarmine brings out of holy Scripture to make the Pope above a Councel As Thou art Peter Feed my sheep Ergo the Pope is above a Councel Item The Pope is the Head the Steward the Shepheard the husband or spouse of the Church Therefore he is above a Councell Part of which have been confuted by the Councell of Basil in the Acts collected by AEnaeas Sylvius and part by many other Doctours which writ since Besides the solution of them may bee gathered out of those places which wee have here above transcribed out of the opinions of the Vniversities of Germany and Poland 17 We have also made answer alreadie to that which is urged of the Councels of Sinnesse and Rome That the Primier See that is the Pope cannot bee judged by any man and we have shewed that this is meant of particular persons or of Provinciall Councels at most Besides that wee have divers examples of their judgements in which this maxime was never determined Adde further that we have made it evident by an infinite number of examples that divers Popes have beene judged even for other crimes than heresie 18 But the most pressing argument of all is that which hee collects out of the letters of certaine Easterne Bishops writ to Pope Leo the first and the Councel of Chalcedon joyntlie and that during the celebration of that Councell in the inscription whereof they put the Popes name before the Councels and yet the Fathers there assembled to whom these letters were presented never complained of it saith Bellarmine Hee had great dearth of good arguments when he flies to such as these By the very same reason the Archbishop of Constantinople must bee above the Councel whose name is put before the name of the Councel in the letters of Eusebius Bishop of Doryleum To the most holy and most blessed Archbishop Flavian saith hee and to the holy Councel See here the Patriarch of Constantinople as good as the Pope and by consequent Pope Leo who pleaded the contrary in that very Councel hath lost his right by Bellaermines judgement If he should have said so much in his time it is a hazard hee had never beene Cardinal so highly was the Pope displeased at the judgement of this Councell Another Bishop puts the names of the Pope and of the Patriarches of Constantinople and Antioch all before the name of the Councell in a letter of â—is The Councell of Chalcedon writing to Pope Leo puts it selfe before him and on the contrary writing to the Emperours Valentinian and Marcian puts it self after them all in the same Session Bellarmine knowes also very well that the Emperour Iustinian writing to Pope Iohn puts his name of Emperour before that of Pope and that Iohn also puts it before his in his answer It is true the glosse spoiles all which saith This would not be so now adayes Wee know Pope Adrian the fourth had a great quarrell with the Emperour Frederic about it who had beene so bold as to put his owne name before the Popes in the letters which he writ whereof wee have spoken elsewhere But our predecessours went not so precisely but in writing one to another they put their owne names sometimes before sometimes after as wee could make it appeare by many examples if it were worth the while 19 Bellarmine addes that the Councell of Chalcedon it selfe hath acknowledged this for true when they call the Pope their head and themselves his members Yea but they were to blame to put the head under the feet in that inscription which we urged Wee have said before in another place that hee is called the head because hee was the first in degree of honour amongst the Clergy because he sate in the first place amongst the Bishops Others say because hee is the head of particular Churches but not of the Vniversall represented by an Oecumenicall Councell All the other arguments which hee brings are refuted by us in divers places saving only those which are drawne from the authority of Popes whom wee desire to forbear aswell from giving evidence as from passing sentence seeing their owne cause is in question A REVIEW OF THE COVNCELL OF TRENT BOOKE V. CHAP. I. Of Indulgences THe Pope hath usurped such an excessive power in point of Indulgences that there is not a good Catholique but is sory for it I will not here dispute whether these indulgences bee profitable or no and whether hee hath power to grant them or no I leave that question to Devines My aime is to shew that this Councel did not satisfie the desire and hope of Catholiques The abuse which the Popes have committed in matter of Indulgences and which they commit every day is notoriously known to every body as also the complaints that have beene made of it The Popes have undertaken to pull soules out of Purgatory by commanding the Angels to take them forth and to carry them into Paradise Wee have set downe the Bull of it in another place As for the plenarie pardon of all sinnes with this expression be they never so hainous this is ordinary with them not only at the great Iubily which they reduced from an hundred yeares to fifty from fifty to thirty from thirty to twenty five and ere it be long they will abate yet a little more of the terme to the intent that they may augment their Court and oblige every body to come thither the oftener but also in their particular Buls which they grant out That of Sixtus the fifth of the year 1588 granted to the Catholiques of this Realme of France makes proose of it which gives the Curats and Confessours power To absolve from all crimes sinnes and excesses be they never so heinous with many others which I could alledge containing bolder clauses than that which not long since have with scandall beene presented to open view 2 But that which is yet more to be condemned in them is that the Popes doe not only give remission of sinnes already committed but also of such as are to be committed Which is a meanes to oblige all the base raskals in the world unto him and to give them occasion to redouble their crimes and misdemeanours to rob with foure hands to kill father and mother to set upon their Lords and Maisters to violate the authority of their Princes and usurpe their Dominions For provided they can make their party stronger and that they be devout towards the Holy See there will be no want of an indulgence yea even without that alwayes provided they pay their rent 3 The Clergy of Leige in their epistle directed to Pope
defend himselfe from an ignominious authoration and to procure the repeale of those anathema's which vexed his soule how ever unjust he was compeld to disclaime his rights 17 Now this force and necessitie appears by that testimonie of Otho Bishop of Freisinger Wherefore saith he the Empire being dismembred and broken many wayes the Emperour perceiving that the King revolted from him because of the anathema pronounced against him and fearing his fathers example having called a great assembly of Princes together at Wormes hee resigned the investiture of Bishops to Lampert Legat of the See Apostolique The revolt against him was such that his owne nephewes did abandon him saith the Abbat of Vsperge who addes these words the true tokens of this violence He surrendred Ecclesiasticall investitures unto the Church and all other spirituall matters which the Empâ—rours of Germany had so long managed and which hee had purposed for the not impairing the honour of the Empire never to forgoe so long as he liv'd No man can say but an injust anathema is an unlawfull force a violent impression and what is done by occasion thereof is lyable to restitution 18 The termes of this surrender doe elsewhere shew it to be personall and that it layes no obligation upon his successors It is the exposition which was put upon it in those dayes witnesse the same Bishop of Freisinger This priviledge therefore is set downe in writing for the Church and it is granted to him by way of exchange by the Pope that those who shalâ— be elected as well on this side as you side the mountaines shall not be consecrated Bishops till they have received the Royalties from his hands and by the Scepter Which the Romans say was granted for quietnesse sake and to him onely not to his successors Seeing by their confession the compact is no more but personall for as much as concernes what was granted to the Emperour by the same reason they must acknowledge it is just so in regard of what was granted to the Pope 19 So the Emperours which reigned after him complain'd of injustice even Lotharius the fourth the successor of the same Henry against Innocent the second witnesse the Abbat of Vsperge At this time saith he the Pope went to finde the Emperour at Leiege demanding assistance and favour of him against the said Peter and his abettors but the Emperour having taken advice what hee should answer begunne to redemand of the Pope the investitures of Bishopriques which the Emperours had enjoyed for a long time before The same was done by Otho the fourth Which a German Historian signifies unto us by these words speaking of the dissention of that Emperour and Pope Innocent the third As for the Pope saith he the reason of it might bee because the Emperour redemanded the ancient imperiall rights over Italy some whereof had beene lately transfer'd unto the Church But Marsilius of Padua affirmes it more clearly speaking also of the Emperour Frederick the secondâ— Otho fourthâ— saith hee and Frederick the second when they would have repealed it may be for lawfull causes these grants and priviledges he speaks of Investitures or indeed repealing them absolutelie or in part they endured many plots persecutions and impediments from the Clergy and Bishops of Rome 20 As for those Councels which were the cause of this renunciation and pronounced the Emperour anathema depriving him of Investitures it must be observed upon what grounds they stand They deprive an Emperour of the right of Investitures without hearing him without summoning him See here an injustice They condemne Investitures as hereticall they condemne then Pope Adrian the first and all his Councell of heresie who granted them to Charles the Great Leo the eight and his Councell who granted them to Otho as also all other Popes who tolerated them yea even those who approv'd them of whom we have spoken already 21 And upon this point we must heare what our good Bishop of Chartres that great Pope-Monk saith who is much troubled to defend this condemnation of heresieâ— and implication of horrible contradictions For in his epistles making answer to Iohn Archbishop of Lyons who reprehended herein the fathers of this Councell of Vienna Whereas saith he you reprehend those that ranke the investitures of Ecclesiasticall dignities made by Lay men amongst the number of heresies it seemes there is no great force in your reprehension For although hereticall errour lodge in the heart as well as Catholique faith yet notwithstanding as we know a Catholique by his Catholique works so wee know an heretique by his hereticall works God hath said by their fruits yee shall know them and every tree is knowne by his fruit And although externall investitures made by Lay men cannot be properly judged heresies yet to bee of opinion and to maintain that they are lawful is an undoubted heresie This is not said with sufficient reason For the Councell saith Investiture is an heresie and he makes no answer to that If it bee an heresie then it follows as wee said that those precedent Popes and Councels that authorized them yea to take in all that is in Ivo's answere that were of opinion they might and ought to bee given by the Emperours were truly heretiques 22 This Bishop makes us behold this heresie of another colour so much paines does he take to defend a bad cause for he judgeth it an heresie in case the Lay man which performes it doe thinke it to bee a Sacrament If any Lay man saith he fall into this follie that he thinks he can administer a Sacrament or a thing belonging to a Sacrament of the Church by the giving and taking of a rod wee judge him an absolute heretique not for his manuall investiture but for hiâ— diabolicall opinion Verily so should a Priest bee too that should beleeve his â—urre his surpleâ—â—e or his square cap to bee a Sacrament And yet hee must not therefore be devested of them In that epistle hee notes no other heresie in investitures but urgeth many reasons to prove they are not so yet notwithstanding he concludes that Princes must be deprived of them Because saith he being performed by Lay men it is an usurpation upon another mans right a sacrilegious presumption Hee speaks thus to maintaine the cause of the Pope and the Councell right or wrong 23 But let us hear what he saith of it formerly when he was in cold bloud in an Epistle of his written to Hugh Archbishops of Lyons As for that which you writ unto me how the said party elect received Investiture into his Bishoprique from the Kings hands wee knew nothing of it nor was it told unto us by any body But although it were so yet considering that hath no force of a sacrament to make a Bishop whether it bee done or not done I doe not see wherein it can be hurtfull to faith and religion yea we doe not finde that by Apostolicall authoritie Kings
are wee suppose you know very well how the partisans of Donatus of their owne proper motion accused Cecilian then Bishop of Carthage before that ancient Emperour Constantine And he afterwards addes that the Emperour made an end of that Episcopall cause after he had the hearing of it 7 The Emperour Constantius having judged of the great impietie of Actius sent him presentlie into banishment and commanded that he should be carried unâ—o a certaine place of Phrygia saith Theodoret. The forme of proceeâ—ings is set downe by Sozomen a little more at large from whence we learne how Honoratus governour of Constantinople was first elected and deputed to proceed to the judgement of that Deacon and how the Emperâ—ur himselfe tooke it afterwards into his own hand While these twentie Bishops sent from both Councels were at Constantinople together with some others who met there occasionally power was first given to Honoratus whom the Emperour had appointed governour of Constantinople to judge the cause of Aetius in the presence of the Counsellours of the great Counsell But Constantius afterwards having taken the same cause into his cognizance together with the Magistrates Aetius was found to thinke amisse of the faith insomuch that both the Emperour and the rest were greatlie offended with his words full of blasphemie 8 Saint Augustine intreats Apringius proconsull of Africa and Marcellinus the tribune to condemne certain Clerks partisans of Donatus to a more gentle punishment than they had deserved acknowledging them for Iudges in Eâ—clesiasticall causes He speaks thus unto the Proconsul interceding for his enemies Why will you not mitigate your sentence seeing it is lawfull for Iudges so to doe even in other causes which doe not concerne the Church And a little after When their enemies are too mildlie proceeded against men are wont to appeale a Minori Wee love our enemies so well that if we had not a good opinion of your Christian obedience we would appeale from the severitie of your sentence This is spoken by a man which approved their jurisdiction otherwise hee would have said they had nothing to doe to judge of the controversie 9 The Emperour Gratian granted a commission to Sapor one of his chief officers to eject the Arrian Bishops out of their Churches and replace the Orthodox in them according to the law which he had made By virtue of this commission Sapor judged of the difference which was betwixt Paulinus Apollinaris and Meletius in point of Religion deposing the oâ—e and establishing the other Sapor saith Theodoret being appointed Iudge of those matters which were urged on either side adjudged the Churches unto great Meletius Paulinus remained Bishop and Pastor of those sheep whom he had formerlie separated from the rest and Apollinaris being rejected from the government of the Churches begun openlie to publish that doctrine which hee had latelie invented and declare himselfe the head of that sect 10 Maximus the Emperour of the Gaules received the appeale which was put in by Priscillian Bishop of Spaine from the Councell of Burdeaux to whom hee had committed the judgement of him Hee deputed Euodius one of the governours of his Provinces Who after he had heard Priscillian in two judgements hee being convinced of the crime was by him pronounced guilty and sent to prison againe till such time as he had certified the Prince of him The processe being related at Court the Emperour was aminded that Priscillian and his complices should bee condemned to death 11 Sometimes the Emperours themselves or their Officers proceed to the judgements and condemnations of Clergymen with Councels called for this purpose by the authoritie of the same Emperours So Elpidius and Eulogius Magistrates and Officers were commanded by Theodosius to assist at the second Councel of Ephesus where the condemnation of Eutiches was controverted Their Commission runnes thus To be present at the judgement and to take order that a speedy and pertinent proofe be made by the Synod and sent to the Emperour Those who had beene Eutiches his Iudges before being now present but not Iudges 12 Wee read in the Acts of the Councell of Chalcedon of a petition put up by Eusebius Bishop of Dorylea directed to the Emperours Valentinian and Martian where hee intreats them that they would grant the cognizance of the injurie which had beene done unto him by Dioscorus Bishop of Alexandria unto the second Councell of Ephesus and of the death of Flavianus Bishop of Constantinople whereof the same Dioscorus was accused at the Synod of Chalcedon To the intent that it may heare us these are the very words and also Dioscorus and report unto your pietie all that passeth that you may doe in it as it shall please your clemencie Wee read there also another petition of Savinian Bishop of Lesina exhibited unto the same Emperours whereby they are intreated To command that his cause may bee examined in their presence it was so in the presence of the Officers and Magistrates who passed sentence upon it in full Councell ordaiâ—ing that Savinian should continue in his Bishoprique yet with a Proviso Which was agreed unto by the whole Councel Where it is to bee observed that these Magistrates first judged of the cause and pronounced the sentence and afterwards asked the Fathers of the Councel whether they liked it or no. The holy Synod say they having heard what sentence wee have past let them say whether they decree the same or whether they be of another opinion The holy Synod said There is nothing more just nor more upright 13 In the third booke Iuris Graeco-Romani in the first tome we read this Decree concerning the deposition of a Bishop Iohn Amathunt Bishop having been depos'd by Iohn Archbishop of Cyrus and the Decree of that deposition having beene read at the Emperours tribunall having found that he was depos'd by fifteene Bishops and one Archbishop the most holy Patriarch Luke with the assistance of his Synod and the Senate there present ordain'd that such deposition was invalid and of no account because the whole Synod of the Church of Cyprus was not assembled 14 Sometimes the Emperours confirmed the sentence of the Synods containing such condemnations As Iustinian did that of Anthemius Archbishop of Constantinople and of some others deposed by a Synod of Constantinople And that because those condemnations were found to bee invalid if they were not fortified by the Emperours to whom such jurisdiction did properly appertaine Iustinian after hee had made the confirmation aforesaid saith If there bee any other thing contained in the sentence of the most holy Bishops which deposeth and anathematizeth the persons aforesaid wee also ordaine the like more firmely and with more continuance and wee make it of force by our Imperiall lawes just as if it had beene a thing done by our owne command 15 The Popes have so farre beleeved and holden for certaine this jurisâ—diction of Emperours
part of them were made about things of that nature 12 The Cardinal of Cambray in his book of the reformation of the Church demandeth also that these Decretals bee corrected For the third grievance saith he speaking of the Pope which hee imposeth upon other men by the heavie multitude of his Statutes and Canons and Decretals those mainly which seeme to binde over to grievous punishments and especially to mortall sins should be taken order with 13 Nicholas de Clemangiis hath spoke yet more freely of this point So many new rules and Constitutions saith he set out by every Pope the observance whereof is enjoyned contrary to the ancient lawes and ordinances of our forefathers what are they else but captious snares and seeds of law suits very fertile of which those wrangling practicioners of the Court of Rome doe serve themselves those sophisticall curruptours of law to raise an infinite number of suits against right and truth with a thousand arts of doing harme 14 Philip the Faire was advised by the Princes and French Barons Not to suffer the Pope to make any Ordinances about things belonging to his Kingdome without the counsell of him and his nor any new and unwonted thing to be brought in thither So saith Mr. Iohn du Tullet in his advice concerning the liberties of the Gallicane Church And it is the very counsell which Eudeas Duke of Burgundy gave him which is yet to bee seene among the treasurie of Charters 15 That which Mr. Francis Duarenus one of our most learned Lawyers said concerning this subject in the Preface of his book De sacris Ecclesiae ministeriis printed 1551 might have moved the fathers of this Councell to a reformation Many saith hee are of this opinion that the Canon law is nothing but a confused and disorderly masse of decrees and constitutions set out by some halfe-learned Popes rather for their owne gaine than for any commoditie that redounds upon the Common-wealth of Christendome from thence the knowledge whereof seemes neither commendable nor necessary And there does not want some that plainely professe that this law is all full of errours of which number Cynus Pistoriensis a Lawyer of great repute was one And having spoken of Gratians Decret which hee saith contains some good things and some errours withallâ— The other volumes saith hee is the Decretals containing the epistles of diverse Popes of Rome called Decretals In which volume of Decretals wee finde many things which degenerate much from that ancient discipline delivered in Gratians Decret and thence rose that common proverb amongst them That it was never a good world since the Decret tooke wing and flew away And presently after The other booke is Boniface the eight's which as wee understand was never received in France because that divers constitutions therein contained were made in hatred and despite of King Philip the Faire and devised for the commoditie of the Court of Rome He addes yet further We are enforced to confesse betide us well betide us woe that the manners of the Clergy of Rome are so degenerate by litle and litle that the later constitutions of Popes fall short of the former and it seemes a man may rightly say of them as Homer writ Very few children are like their fathers in virtue many worse scarse any to bee found better Wherefore as it is necessarie to reduce the manners of Clergy men to their ancient religion so it would be expedient peradventure to take all that is most true most pure and most profitable in so many divers Papall constitutions and reduce them into one short volume And wee are not out of hopes that this may one day bee brought to passe even during the life of Iulius the third of present being who hath the bruit and report I wish it bee not vaine of one that seriously thinkes upon repairing the ruines of the Church and restoring the ancient Canons The event hath proved that this bruit was vaine for neither Iulius nor any of his Successours ever put his hand to this reformation unlesse a man would ascribe that to Gregory the thirteenth who hath caused many things to bee altered and rased out of those books which were disadvantageous to the Pope and favourable to France and all those whose rights are usurped by the Pope 16 We will adde for conclusion that which Mr. Philibert Bugnon in his tract Of abrogated Lawes saith upon this subject Thus the Decretals were brought in received and admitted by all Christendome before which the Court of Rome never received those bafling disputes which encrease from day to day Therefore Mr. Francis Rabelais said not without cause in his merry Pantagruell by way of a common proverbe Since the Decree away did flie And souldiers knapsackes wore Since Monkes would need on horsebacke ride The world 's worse than before 17 After all these authorities and testimonies we will observe that right as the Emperour Iustinian gave the force of a law to the Resolutions of our lawyers so our Popes now adaies give the very same force to the constitutions of the Emperours which are thought weake and feeble if they be not canonized in their Decrees or confirmed by them See what we are come to They doe yet more for like that Romane Emperour who caused the heads to be strucke off of the statues of Iupiter that hee might substitute his owne in the place so they have ascribed to divers Popes manie imperiall lawes out of the Code of Theodosius the Bookes of Iustinian and the very Capitularie of Charles the Great But see here that which is utterly intollerable which is that they make void civill lawes of Emperours and Kings by their Decretals they adde unto them and diminish them they derogate from yea they quite abrogate them 18 We let alone an infinite many errours and falsities which have beene observed by divers learned men either Devines or Lawyers which neverthelesse were confirmed by this Councell contenting our selves with producing the testimonie of Stanislaus Hosius one of the Presidents of our Councell who saith that Gratian relates a fable in his Decree We doe not see saith hee whence it comes to passe that Gratian hath set out this fable but he that shall read his workes attentively will finde that he hath pumped more from the rivers and other compilers than from the fountaines Nor will wee urge that which some have recorded that how ever the Popes have all law within the cabinet of their owne bosome neverthelesse they have forgot it sometimes not remembring themselves of some other Constitutions which were formerly made Which is a prettie modest Apologie Wee shall say onely for conclusion that the authors of these Decrees and Decretals were the most vicious and ambitious Popes of all 19 Alexander the third who authorized Gratians Decree and gave it the force of a Papall law was unjustly elected accounted for an Anti-Pope and declared such by a very
Lewes the eleventh touching the defence of the Pragmatique Sanction hath inserted this Article Item it belongs to our Soveraigne Lord the King who is the principall founder guardian protectour and defendour of the liberties of this Church when she suffers in her liberties to assemble and call together the Prelates and other Clergie-men as well within this Realme as of Dauphiny and in the same assembly and congregation of the Gallicane Church so called together there to preside and provide a remedy against such attempts as may be prejudiciall to the said liberties as it shall be said hereafter 5 The three Estates assembled at Tours the yeare 1483 in their Remonstrance presented to the same King Lewes th' eleventh say thus That the king by reason of his crowne as well of common right as by the consultation and request of all the Church of France and Dauphinie is as the former Kings his predecessours were the protectour and defendour of the holy Decrees liberties and franchises of the Church of his Kingdome and Dauphinie 9 According hereunto every time and as often as there have been any troubles or disorders in the Church or when any question was about proceeding to some greater reformation the Emperours and Kings have put their hands unto it and have applyed the remedie either upon their owne meere motion or at the request of others Which is verified by the example of Kings Hezekias Who in the first year of his reigne in the first moneth opened the doores of the house of the Lord and repaired them and hee brought in the Priests and the Levites and commanded them to sanctifie the house of the Lord and carry forth the filthinesse out of the holy place and the Levites rose and they gathered their brethren and came according to the commandment of the King by the words of the Lord to cleanse the house of the Lord. The same Hezekiah cast out idolatry which by little and little had crept into the Temple of God He removed the high placesâ— and brake the images and cut downe the groves and breake in pieces the brason Serpent that Moses had made for untill those dayes the children of Israel did burne incense to it The book of the Law being found after it had beene a long time lost King Iosias commanded Hilkiah the High Priest and some others to goe to Huldah the Prophetesse to enquire concerning this booke Having heard their report after their returne he went up into the house of the Lord and all the men of Iudah and all the inhabitants of Ierusalem with him and the Priests and the Prophets and all the people both small and great and hee read in their eares all the words of the book of the Covenant which was found in the house of the Lord. And he made a covenant before the Lord to walke after the Lord and to keepe his commandements and his testimonies and his statutes with all their heart And he commanded Hilkiah the high Priest and the Priests of the second order and the keepers of the doore to bring forth out of the Temple of the Lord all the vessels that were made for Baal And he put downe the idolatrous Priests whom the Kings of Iudah had ordained to burne incense and destroyed their altars And did other such like things concerning the order and discipline of the Church 7 Let us prove this further by the example and â—estimonies of Popes The fourth Councell saith Zonaras was called by reason of thâ— instance which was made by Leo Pope of Rome and Anatolius Patriarâ—h of new Rome to the Emperour Martian that the opinions of Diosâ—oruâ—â—â—tâ—iaâ—ch â—â—tâ—iaâ—ch of Alexandria and Euâ—ychâ—s might not remaine unexamined and that the crime committed against St. Flavian might not bee slurred over under hand Pope Boniface the first intreats the Emperour Honorius in his letters to take order that they doe not proceed to the Creation of the Pope by corruption which gave him occasion to make a Decree thereupon Wee have related the passages of it in another place 8 Pope Gregory the first writ to Aldebert King of England in these termes Most glorious Sonne bee diligent to preserve that grace you have received from God make haste to extend the Christian faith over all people which are subject to you multiplie the zeal of your uprightâ—esse by their conversion take away the service of Idols pull down the eâ—ifices of their temples exhorting thereunto the minds of your subjects in great uprightnesse and purity of life edifie them by frighting by flatteringâ— by correcting them that so you may be rewarded in heaven by him whose name and knowledge you shall have to dilated upon earth The same St. Gregorie writ to Childebert King of France in this manner For as much as wee have beene informed of certaine things which doe highly offend Almighty God and doe greatly disgrace the honour and reverence of the Priesthood wee intreat you to take order that such things may be mended by the censure of your power And to King Theodebert thus This would be absolutely profitable for your Kingdome if that which is committed against God within your Dominions were corrected by such reformation as your excellence shall applie unto it 9 The Acts of a Synod holden at Rome in the year 876 about the Coronation of Charles the second son to Lewes the Gentle containes a certain proposition made by Pope Iohn the eight where amongst othâ—r things speaking of Charles the Great he saith of him That having raised all the Churches to a mighty greatnesse hee had alwaies this wish and desire of reforming aâ—d restoring the holy Roman Church to her first order and estate Hee addes presently after That hee learned the state of Religion out of holy writâ— which he found to be unhusbanded and overgrowne with the thornes of divers errours and abuses That he trim'd it up with knowledge both divine and humane purg'd it from errours and furnisht it with sure and certaine doctrines 10 Iohn of Paris a Fryer Predicant who lived about the year 1280 saith That it is lawfull for a Prince to repell the abuses of the spirituall sword in such sort as hee may proceed by the Materiall sword especially when the abuse of the spirituall sword turnes to the prejudice of the common-wealth the care whereof belongs unto the Kings otherwise hee should beare the sword in vaine 11 Claudius Espenseus a Doctour of the Sorbon in an epistle of his printed 1547 where he treats of the institution of a Prince teacheth that it belongs to a Prince to take upon him the reformation of the Church then especiallie when shee is full of so great abuses errours and heresies And upon the Epistle to Titus I will here adde one thing saith he for feare lest any bodie should thinke that it concernes Princes onely that prophane things succeed well and not sacred too as if they were only keepers of
Basil. Idem lib. 2. Quod AEneas laudavit Pius damnavit Conc. Chalced. Action 1. Plâ—ceing of namâ—s oâ— what forcâ— Conc. Chalced. Action 3. Lantâ—r â—laâ—asâ— C de sum trinitate V. epâ—stolas Leonis Item â—pist â—dâ—â—am ad Tarasâ—um in 2. Acti Synod Nicâ—n 2. Epistolas diversoâ—um Pontiâ— Roman apud Willelm Malmesbur lib. 3. de Pontisic Anglorum Id constituit Paulus 2. Vide Bullaâ— Iulii 3 de ann â—ubilâ—i Pardon of future sinnes occasion of much wickednesse Extat Charunti excusi anno 1588. Epist. Leo diens To. 2. Concil edit Colon pag. 809. Matth. Paris in hist. Anglor in Henr. 3. pag. 935. Pâ—rdoâ—s gâ—anâ—ed by sevâ—rall Popes Plenâ—ry pardoâ—s gâ—â—nted by Leo and Gregoâ—y Popâ—s Severâ—ll Popeâ— pardons Pardon 's grâ—nâ—â—d by Pope Paul â—he third Pardons in Lent Pardons after Easter Popes Bulls for these Indulgences Reformation in point of indulgences required Guil. Durant de Concil part 3. Tit. 15. Panormit in Consil. super Conc. Baâ—il Conc. Constant. Sess. 40. Martinoâ— Ioannes Gerson in 2. part oper Tract de Indulg Consid. 5. Consid. 6. Gersons opiâ—ioâ— of Indulgâ—â—ceâ— Consid 8. Consid. 10. Consid. 11â— â—ersus Geâ—sâ—nis super materia indulgentiâ—â— Lâ—ncelotus Conradus in templo omnium judic lib. 2. cap. 1. Augustinus Triuâ—phus de pâ—tâ—st Eccles. qu. 32 art 3. V. Aâ—â—itioneâ— Augustini aâ— illum 3. arti Auguâ—tin de Ancâ—na Coâ—cil Trid. Sess. 25. Decret de Indulg Fraternities enemies to the State Concil Trident. Sess. 22. cap. 9. The Order of Penitentâ— Guil Durant Episâ— Miâ—atâ—ns de modo celebr Concilii part 2. tit 35. Gregory the 13 his Bâ—ll of the 12 of Oâ—â—ober printâ—d at Paris by Michael Iulian 1583. Of thâ— Sect of Flagâ—llants Naucler volum 2. generat 45. Albertuâ— Argentin in Chronic sub anno 1349. Chronicum Chronic. sub ann 1273. Albert Krantz Wandalic lib. 8. cap. 29. Gerson against the Flagellants Iâ—annâ—s â—ersâ—n in 1. part opeâ—â—m Tractat Contâ—ae Sectam Flagellantium se. p. â—â— Flagellanâ—s condemn'd by Gerson Popes presume to dispense with Gods law Caus. 25. q. 1. § â—in dist 13. in pâ— Inâ—â—cent in cap. proposuit extra de Conâ—â—ss Pâ—â—b Baldus Gratian. in caus 25 qâ— 1. Can. â—deo Gloss. in Canon Lecâ—or dist 39. in cap. Proposuit de Concess Praebend in Can â— nobis in verb. exemplis de deâ—imis Gloss in 6. cap. proposuit V. Centum gravamina cap. 1. 2. in â—ascicrerum expetendarum The Popes abâ—se of dispensâ—â—ions Vid Fasciculum rerum expetend p. 167.6 Bonifac. in ep ad Zachar. Pap. 2. Tom. Conc. de quo fit mentio in Synodo Francicaâ— Bernard l. 2 de considerat ad Eugen. Pap. Mathaeus Paris in hist. Anglor in Henrico 3. p. 677â— Guil. Durand in tract de modo celebrandi Concâ— tit 4. pri part Refâ—rmâ—tion in dâ—â—pensâ—â—â—ons desired but not obâ—â—â—â—eâ— Can Sicut dist 14. Conc Constant. Sess. 40. Ioannes Gerson in tract de Eccles potest Consid. 10. Concil Trid. Sess. 4 cap. 17. in aliis Sess. 8. Can. 17. Sessâ— cap. 5. In aliis Sess. 7. Can. 5. Sess. 25. cap. 7. de reform in aliis Sess. 9. Can. 7. V. Ivonem in Epist. Sess. 6. cap. 1. de res Et Sess. 23 c. 1. Abuse of dispensations unreform'd by the Councell Stanislaus Hosius Sess. 6. cap. 1. et Sess. 23. cap. 1. In aliis Sess. 7. Concil 1. Chap. 3. de la 2. part des libertez de l'Eglise Gallicane Art 22. de l'ordonâ— des Estats d'Orleans Who may make Vnions Gloss. in Can. temporis in verbo Vnire Caus. 16. q. 1. Et cap. Vnire extra de excess Prâ—lat Renatus Choppinâ—â— de sacrâ— Politia lib. 2. tit 6. nu 7. Papon l. 3. tit 8. art 4. 〈◊〉 granâ—â—d by Popes anull'd by Paâ—liâ—mâ—nts Idem Choppinus ibid. Choppinus ibid. Rebuffus in praxi benefic de union benef num 28. Papon lib. 3. tit 8. art 2. Concil Trid. Sess. 7. cap. 6. Concil Trid. Sess. 7. cap. 6. Popes unlawfully dispense with Bishops non-residence Concil Trent Sess. 6. cap. 1. 2 Sess. 23. cap. 1. Concil Trid. Sess. 6. cap. 1. Novell Iustâ—nian 123. De Sanctiss Episcop c. 9. Voyez le recâ—eil du Fantanon les grandes Ordonnanceâ— Tom 4. tit 2. ca. 1. Pâ—inces to dâ—termine of residence Ibid cap. 2. tit eod Ibid. tit eod cap. 3. Ordonnan d'Orâ—leans de l'an 1560. art 5. Ordonnance de Blois de l'an 1579. art 14. Councels to be held every ten years Concil Trid. Sess. 2â— vers fiâ—em Conc. Constant. Sess. 39. Concil Basil. Sess. 1. 11. Conc. Basil. â—ess 16. Conc. Pisan. 1. in princip The bâ—nefits of Councels Conc. Constant. Sess. 39. Idem in aliis supra relatis Iohan. Gerson de eccles potest Considerat 10. Idem in serm pro viagro Regis Romanorum in fine Aventin lib. 7. Annal. Boiorum Franciscus Zabarella in tract de Schismate Iacob de Paradis Carthusan lib de septem statib Ecclesia Iesuites the Popes vassals Haec ex Bulla Iulii 3. quâ confirmâ—tur institutio statuta IesuitaruÌ„ quae extat in cap. 21. lib. 3. de vita Ignatii Loiolae noviteâ— excusa Luâ— duni apud Iacobum Roussin Ann. 1594. Ibid pag 334. Thâ— Pope defyed by Iesuites Bellarm. in 3. Controv. de summo Pontif. l. 4. c. 5. Ibid cap. 6. Iesuitae in censura Coloniensi fol. 136. Bellarm. ubi supra c. 8. et seqâ— Eadem Bulla Iulii 3. quae extat l. 3. de vita Ignatii c. 21. pag. 335. Iesuites doctrine against Kings He speaks to Henry the 4. Emanuel Sa in verbo Cleâ—icâ—â— Idem in verbo tyrannus Idem in verbâ— privilegium Iâ—suites docâ—rine peâ—nicious to the State Censura Coloniensis Iesuiâ—arum fol. 136. Le Pedagogue d' Armes Chap. 8. Chap. 9. Chap. 4. Fol. 13 Fol. 1â— Chap. 7. Fol. 24. Chap. 9. Fol. 31. Fol. 32. Iesuites banishâ—d France Fol. 33. In eadem constitutione Iulii 3 quae extat in ca. 21. li. 3. 〈◊〉 vita Ignatâ—â— Loiolae Du Steurs D' Arnalt Pasquier Versoris All elections ascribed to the Pope by this Councel Concil Trid. Sess. 23. cap. 4. de Sacramento Ordiniâ— The â—ight of Princes in elections Can. nullus Câ—n. Adrian 1. 〈◊〉 porâ—o Can. si peâ— ordâ—natâ—o â—an non est ex dicto Gratian in his verbis Ex coâ—â—â—itutionibus dist 6â— Gloss. ad regul 29. in â—eâ—b quod Omnes regul â—uris in 6. V. sacraescripturâ— testimonia apud Marsilium Paâ—avin in desens paâ— â—art 2. cap. 17 Can. quarto Can plebs Can. noâ—se Can. Episcopos Can literas Can. Metropolitano Can. si in plebib Can. Cler. Can. vota civium â—an Sacrorum dist 61. Ivo Episcopus Carnotensis Epist 3. Idem Ivo epist. 2. 3. Popes chosen or confirmed by Emperors Can in Synodo Can. quia sancta Can. Cum Adrianus Can. Ego Ludovicus dist 63. Vid. Iustinian Constit. 137. de ordinat Episc. Cleric lib. 1. Capitul Caroli Magnica 84. Glabrum Rodulph lib. 5 hist. cap. 5. Can. Adrianus dist 63. Can. Synodo dist 63. Can.
consid ad Eugen. Pap. Ioannes de Paris in tractat de potest regia et Papalâ— in pro. Idem Ioannes de Paris cap. 8. Marsilius in deâ—ensor pacis ca. 25. part 2. Princes mâ—y impose tâ—â—bute â—pon Clâ—â—ks Marsilius partâ— 2. cap 17. Ambros in Epist de tradend Basilio Hugo de Sancto Victore in tract de Sacrament Marsil part 2. cap. 21. AEneas Sylviâ—â— deortu authorit Imper. cap. 6. Barthol Chassaneus in 4. part Catalogi Can. Si tributum 11. q. 1. Can. magnum 11. l. 1. Can. tributum 23. q. 8. Clergie how fâ—r exempted from taxes L de iis Clericis C de Episcop et â—leriâ— L. placet â— de saâ—râ—sanct Ecâ—l L ad insâ—ructunes C. eod L. ut â—t L omnis Ecclesiarum C. Th. de â—pisâ—â—p Eccles. et Clerie L sub mus C. â—odem L neminem C. â—odem L â—ubemus C. eodem L â— â—â—â—d Cap. 1. de immunitat Eccles. in 6. V. Ioan. Ferrant in tract de jurib privi reg Franc. c. 17 â—ancelot Conrad in templo omn. judic lib. 1. cap. 2. §. 3. num 10. Cap. 1 de immunit Eccles. in â—â— Vâ—notas ad d c. 1. de imâ—â—nit Ecâ—les in 6. Vid Eâ—logam Bullarium motuum propriâ—rum pag. 316. Cap. Clericis lutcos de immunit Eccles. Pâ—ying of teÌ„ths anâ— subsidieâ—â—rohibiâ—ed by Pope Cap Quod oliâ— de â—â—munit Eccles. lib. 3. Extra Aut imposita etiaâ— a sponte dantibus concedentibus recipiunt Ioannes Pâ—trus de Ferrariis in â—orma libelli pro haeredit vel sinâ—ul re in verb. omnis communio pag. â—08 Idem de Ferrariis in form libel quo agit ex substitut in verb ex suo corpore Excommunications abused against Princes V. Ep. Leodiens To. 2 Conc. in edition Colon. p. 809. Epist. Hincmari Rhemensis Episc ad Adrian Pap. Thâ— King of Fâ—ance his priâ—iledge Lanc. Conradâ— Laudenâ—is in templo omnium judic lib. 1. c. 2. §. 3. num 13â— Kings of France not excommunicable Ivo ep 123. Ivo ep 195. Kâ—ngs and â—heir â—hildâ—en â—oâ—â—xâ—ommunicâ—ble Priests preferd before Princes by this Councell Concil Trid. Sess. 25. cap. 17 Cap. Solitae extrâ— de majorib obedient Popes by their account how much greater â—hâ—n Empeâ—oâ—s Can. Quis dubit et dist 96. Can. Si Impeâ—ator dist 96. Cap. Omnis extra de major et obedient pag. 423. Humilitie of ancient Popes Gregor in regist indict 13. lib. 4. Epist. 29. Princes hovv respected ancienâ—ly by Popes Appendix Eutropii Antonius de gestis Francorum lib. 4. c. 10 Guicciardin lib 2. hist. Ital. Synodus Meldensis extat tom 3. Concil pag. 870. Marsil cap. 21. part 2. pag. 318. Petrâ—s de Ferrariis in formâ— libelli quo agiâ— ex substit in ver ex suo coâ—poâ—â— Kings the defâ—ndours of the Church Vid libellum de Eccles Gallic in schismat p. 15 Remonstrance de la Cour de Parlement de Paris art 3. 2 Chron. cap. 19. vers 3,4,5 12 15. 2 King 18.4 Kiâ—gs suâ—remâ—câ—e anciently allowed 2 King c. 2â—â—â— Zonarâ—s tomâ— 3. pag. 38. Vid deâ—ret Bonâ—f Papae in decâ—eto Isidori Gregor in Regist Indict 4. l. 9. ep 60. Idem Greg. in Regist. Indict 12. l. 4. ep 53. Idem Greg. Inâ—dict 4. l. 9. ep 54 V Scriptores coâ—taneos Pithoei p. 499. Ioan de Paris in tâ—act de por Regâ— et Papal c. 21. Pâ—inces to see tâ— the â—â—formatâ—on of the Church Clau. Espens Thâ—â—l Paris in epist. aâ— Tituâ— â—ap 3. digress 10. Naucler gene â— 5. p. 152. Râ—deni l. 2. cap. 43.54.55.64 65. Germanicor Chronic. l. 27 â— 271. Naucl. gen 48. Naucler gener 48. p. 275. Acta Concilii Pisani 2. Princess to see to â—he reformation of â—he Chuâ—â—h Guliel Neubrigensis l. 4. c. 1. Episâ—ola Vniversitatis Paris ad Carolum 6. p. 7. Peâ—â—tions made to Kings for reformation Conrad de Gerlenhusen praepositus Ecâ—les Wormat. in tract de Sâ—hismate pag. 96. Nauclerus generat 48. Church-lawes made by Empâ—â—ouâ—s Claudiuâ— Espenseuâ— in commen in Epist ad Titum cap. 3. digress 10. Church discipline anciently prescribed by Kings Dâ—ut câ—p 17. veâ—s 18,19 Iosh. 1.8 1 Chron. c. 23. vers 2,4 Vers. 5. Vers. 6. Veâ—s 13. 1 Chron. c. 22. vers 9,10 2 Chron. c. 24. vers 4,5,6,8 Vers. 7,8 Capiâ—ul Caroli Magni in praes Pâ—â—ncâ—s may not preach nor administer the Sacraments Regino sub ann 81â— 2 Châ— 29. 11. 2 Châ—on 26. 16. c. Sleidan lib. 1â— not conâ—â—â—dicted by Surius and Fontanus Balsamo in c. 696 Synodâ— in Trullo p. 238. Kings powâ—r in the Church confes'd by Councels Sexta Synod in Trullo c. 38. Et Balsamo in candem p. 219. Mart. p. 336. Can Constantinâ—s Can. Omnes dist 22. Appendix ad Martinum Polonum in Ioan. 22. sub ann 1317. Eâ—clesiâ—sticall lawâ—s made by Empeâ—ouâ—s Can. de illicita caus 24. q. 3. Conc. Meldens Cap. 78. To. 3. Concil Conc. Meldens Cap 28. Tom. 3. Conâ— p. 872. â—apit Carâ—li Magâ—â— l 1 c 91 Can. secundumâ— 23 q. 8. Conâ— Ticinens c. 11. tom 3. Conc. pag. 894. L. Cum recta C. de summa trinitate L. Cum velimâ—â— C. de Saâ—â—osâ—ncta Eccles. Church lawes made by Princes admitted by Popes Concilium Tribunarium apud Rhabâ—num Marsiliâ—s Paduanus in defens pacis cap. 21. pag. 318. Can. de Capitulâ—â— 19. dist 10. Can. legem dist 53. Can Quis aut leges dist 54. Can Si inter Caus. 6. quaest 4 Vid. â—us Graeco-Romanum to 1. lib. 5. pagâ— 517. Spanish and French quarrell for precâ—dence Of this point â—â—e more in Vignier de Bar. Augustinum Cravaliz and other Authors câ—â—ed by M. Selden Tules of honour Part. 1. Chap. â— Ad finem Sess. 25 Decemb. 4â— V. Historiam Concilii Trid. lib. 8. Protestations of the Ambassâ—douâ—s Extat haec protestatio responsio in Actis Concilii Trid. Lugduni impressis apud Rovillium ann 1566. pag. 285. 〈…〉 French took place anciently as at the Lateran Councell Greg. Maguus in registro l. 5. c. 106. Responsio Conc. Trid ad Marchionem Piscar Stanislaus Hosius l. 1 de legit juâ—iciis circa Principium AEneas Sylvius l. 1. commentar Concil Basil. Opinions of Dâ—ctours conceâ—ning pâ—ecedenâ—iâ— a Bâ—ldus consil 418. b Idem in commenâ— ad librum de feudis tit de prohibit feud alienat pâ—r Freder num 24 c Alberâ—â—us de Rosat in rubr Digest de stat â—â—â—in d Anton Corset in tract de potest reg quaest 21. 2â— e Guido Papâ— de 〈◊〉 239 Nicolaus Boerâ—uâ— in ad liâ—â—on ad tâ—actat de authorit Sacr. mag Concil â—hassanaeus in 5 parte Catalogi Gloriae mundi confid 31. f Bonifacius de Vitalianiâ— in prefat super Clement g Suidaâ— in verbo 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 â—ancelot Conâ—adus Laudensâ—â— in Templo omnium judicum lib. 1. cap. 2. §. 3 num 12. Pius the 4. his double dealing in this point of precedency Onuphrius in Pio 4. Counâ—â—ll of Trent injâ—â—â—ous to ofâ—câ—â—s of the Couâ—â—s â—f Pâ—â—liâ—mentâ— Sess. 24. c. 19. Recueil
sufficiently prove it See here the Decrees of it contained in the third Seâ—â—ion The holy Generall Synod of Pisa lawfully assembled in the name of the Holy Ghost making the Councel General and representing the Church Catholique doth ordaine and declare as followeth First that his holy Synod nor shall nor can be dissolved till such time as the Church Vniversall be reformed in faith and manners as well the Head as the members and till the heresies and schismes which are a growing be extinguished till the warresâ— which are a preparing amongst Christians be accorded Yet notwithstanding for the continuation of it it may be removed to a place of safety by the common consent of the fathers especially with our most holy Father the Pope if he can bee got to agree thereuntoâ— alwaies provided that it bee not to Rome it being notorious that it cannot bee in safety there It further ordaines that the Canons of the holy Councell of Constance here underwritten contained in the fifth Session thereof shall be strictly obsâ—rved and kept in the same manner that they lye and that the contents of them shall be inserted into this Decree and shall be holden by all men as most true as they here follow First the holy Synod lawfully assembled making a Generall Councell c. Item in the second place it declares that if any man of what condition estate and dignity soever he bee though it be the Pope himself shall with contumacy neglect to obey the edicts ordinances and commands of this sacred Sâ—nod c. These two Decreâ—s are there inserted at large but we have here cut them short because they are set downe before 6 And forasmuch as our adversaries in this point make such a great matter of the Popes authoritie and confirmation â—nd place the true validitie of Councels in that we shall make it appeare that it came in at these Generall Councels either in the convocation or the presiâ—ence or the approbation As for the first of Pisa where the roots and foundation of this maxime were laidâ— heare what Pope Alexandâ—r the fift said of it a little before â—is death That heâ— thought and beleevâ—d that all that was ordained at the Councell of Pisa was just and right and void of all fraud and deceit Naucleruâ— reporteth the same words Pope Alâ—xandâ—r the fift saith hâ— towâ—rdâ— the end of the first yeare of his Popeâ—ship beganne to finde himselfe very ill and perceiving death to draw nâ—are hee called the Cardinals protesting unto them by that death whiâ—h hee saw bâ—â—orâ—â—is eyes which he did no way feare as being confident of his good life that hee verily thought and beleeved that at the Councell of Pisa all things were well deâ—reed and with integritie of heart without any fraud or deceit 7 That of Constance was called by Iohn the twenty third a lawfull Pope as it is agreed on all sidâ—s His Bull of Convocation is inserted at large in thâ— first Session of the Acts of the Councell he himselfe also diâ— preside theâ—eâ— as it is said in the Preface It is true that by reason of the accusation which was a brewing against him he tooke him to his heeles without bidding adieâ— and being condâ—mn'd and deposed by the Councell for many crimes by him committed himselfe approved this condemnation as it is to be seen in the Aâ—ts of the Councell and confirmed by the testimony of Platina Martin the fift being crâ—atâ—d in his stead confirm'd the Decrees and Determinations of that same Councell as 't is avouch'd in the last Session 8 The Councell of Basil was called by Pope Martin the fift as it is apparent by his Bull and being not able to goe thither himselfe by reason of his age he sent his procuration to Cardinall Iulian to preside in his place which was afterwards continued by Martins successour Eugenius the fourth The same Eugenius confirmed the foresaid Decree of the Councels of Constance and Basil in expresse termes as is cleare from the sixteenth and eighteenth Sessions Pope Nicholas the fift confirmed also the said Councels of Basil and Lausanne as appeares by his Bull. Thus much of Popes 9 As for Doctours and Commentators both in Divinity and in either Law there are abundance which either in expectation of some Bishoprique or Benefice or because they were the Popes mercenaries have ascribed as much power unto them in their writings as ever they desired yea more than ever they durst arrogace unto themselves but yet there are others beside that have refuted their errours and have taught the pure trâ—th maintaining the libeâ—ty of Councels and their authoritie over Popes Such are the Cardinall of Cambray Cardinall Cusan the Cardinall of Florence the Bishop of Calis the Bishop of Panormo Mr. Iohn Gerson Chancelour of the Vniversity of Paris Iames Almain Doctor of the Sorbon William Okkam Marsilius of Padua Herman the Monke Iames Paradise of Chartres Ioannes of Paris Doctor of Divinity of the Order of Predicants Immola Ludovicus Romanus Gregory of Heimburg William of Montferrat Vincentius in his allegations and many more CHAP. VI. The opinions of Vniversities touching the authority of Councels and the approbation of Princes and Provinces 1 THe most famous Vniversities of Germany and Poland have also given their opinions upon this point consonant to the Decrees of the foresaid Councels and that at the very time when the Princes of Germany for the good will they bore to Eugenius resolved to carry themselves neuters as in conclusion they did The said Vniversities withstood this neutrality stoutly and strongly laying this for a ground that a Councel is above the Pope which they prove by many reasons and authorities and therefore seeing Pope Eugenius was deposed by the Councell of Basil and Felix the fift elected in his place that therefore the first must be rejected as schismaticall and the last obeyed as legitimate King Charles the seventh favoured Eugenius likewise but so as that he professeth he will stand to the Decrees of the Councell of Basil above all as Nicholas Clemangiis tels us as did also the Princes of Germany But let us heare what the Vniversities say of the power of Councels as for the other heads of their answers wee shall forbeare from relating of them by reason of their prolixity 2 The Vniversity of Cullen being required by Theodorus Archbishop of that Citie to let him know what they thought of it made a litle tract some pieces wherof we will here set downe The first proposition is The Church Synodically assembled hath supreme jurisdiction upon earth to which every member therof ought to obey of what dignity soever he be though it be Papall which no man can dissolve or remove without their Synodicall consent This is proved by the Decrees of the Councell of Constance and Basil. The first part is grounded upon that
What would a man desire more Bellarmine knew well enough that this reason is but of base aloy for contenting himselfe with the bare mention of it and quoting of the authors for his part he hath recourse unto others but such as are no whit stronger He saith then for the Councell of Constance that when it made these Decrees it was not such as had power to determine controversies of faith inasmuch as it was not then Generall that it had but the third part of the Church to wit onely so many Prelates as obeyed Pope Iohn the three and twentieth and not those which obeyed Gregory the twelfth and Bennet the thirteenth And marke here how hee would enervate what was done by a Generall Councell because of the absence of some schismaticall Prelates By this reason all the Councell should be a nullitie from the beginning till the end and not a part of it only as he would have it For the Prelates which acknowledged Gregory for Pope never assisted at it but persisted with their Pope in that schisme even til the end And yet Bellarmine affirmes that this Councell is legitimate and approved only for the reason aforesaid hee excepts that Session wherein these Decrees were enacted It was not then such saith he that it had power to make these decisions in matters of faith But I beseech you a Councel consisting of two hundred Fathers then when it made these Decrees where the Emperour and many other Princes were present in person the Ambassadours of all the Kings and Princes of Christendome except two the Proctours and Syndiques of all the Nations and Vniversities in Christendome and so many persons of another quality in such abundauce that above thirty thousand horse were seen to arrive there at the beginning as Nauelerus testifies This Councell I say according to Bellarmine could not ordaine any thing concerning the power of the Pope and of a Councel by reason of the absence of some schismaticall Prelats Now let any man be judge if any thing firme and strong can bee expected from Councels Now that all those whom wee mentioned were at the enacting of those Decrees is apparent from the very text of the fourth Session the words are these The thirtith of March there was holden a Generall Session in the Cathedrall Church of Constance in which there were two hundred Fathers c. There was also the King of the Romans with the habit and formalities belonging to the King of the Romans After masse was done the Cardinal of Florence read certaine constitutions which should be observed by the Councell the tenure whereof is set down hereafter which being read and approved by the Generall Councell Henry de Piro Proctour and Syndic for the German nation did desire in behalfe of that Nation that a copy of those ordinances that is the Decrees mentioned might be given unto him The like was required by the Proctours and Syndiâ—s of all the countries subject to the King of the Romans of the Vniversities the Schooles and Ambassadours there being present at the same time the most illustrious Princes Frederic Burgrave of Noremberg Ralf Duke of Saxony the Count Madesburg Count Bertold de Vrsinis the Ambassadours of the Kings of England France Poland Norwey Cyprus Navarre and also Iohn Vicount of Milan the Marquesse of Montferrat and divers other nobles and reverent Fathers in great abundance Shall two schismaticall Popes with their Prelates of the same stuffe have more authority than all this great multitude 4 Now that these Fathers were Schismaticall and consequently those of their faction before those Decrees were maâ—e is apparent from the testimony of Platina himselfe who speaking of the first Councel of Pisa where their deposition was decreed before that of Constance By mutuall consent saith he they deprived Gregory and Benet of the Papall dignity all nations assenting to that so hard sentence except the nether Spaine the King of Scotland and the Earle of Armaniac who favoured Pope Benet Now this deposition together with all the Decrees of this Councel of Pisa was confirmed by Alexander the fifth who was accounted lawful Pope And yet Bellarmine will have these two Popes with their Prelates to make two parts of the Church For see what hee sayes of the Councell of Constance It was not then a Generall Councel because there was only the third part of the Church there to wit only those Prelats which obeyed Iohn For those which obeyed Gregory and Benet did oppose that which was done by the Councell Hee saith further That there was no certaine Pope in the Church without whom controversies in faith cannot bee determined So that hee doth not acknowledge Iohn for Pope who was then acknowledged by all and was so ever after untill his condemnation Platina testifies that he was created at Bononia with the consent of all It is he that called the Councel of Constance it is he that assisted in some Sessions of it He was not indeed at the fourth and fifth where these Decrees were made by reason of his flight But hee was lawfull Pope tho and continued so still till he was deposed and condemn'd which was occasioned by his lewd life and those crimes committed by him As also on the other side hee acknowledged it for a lawfull Councell For upon the very day of the fourth Session came the Archbishop of Rhemes with letters of credence from him the contents whereof were That his suddaine departure was not for feare or cowardice but by reason of the bad aire and that he offerd to fulfill all that he had promised to the Councell and when they proceeded to his condemnation approv'd of all â— adding that in all things hee conform'd himselfe to every ordinance deliberation and determination of the said sacred Councell and that he ratified the processe made against himselfe affirming the Councell of Constance is most holy that it cannot erre that it is a continuation of that of Pisa and that he would never contradict the sacred Councell of Constance 5 But suppose there was no Pope certain what followes upon that That the Councel saith Bellarmine could not deliberate upon matters of faith This is ever to returne to the place whence wee came 't is as much as to say The Pope alone is more than all the body of the Councel Hee hath more authority than it The councel hath not its power from Christ immediatly But see here that which strikes the stroke Pope Martin the fifth accounted legitimate by all and confessed God be thanked even by Bellarmine himself hath approved the Acts of this Councell in the last Session of it Bellarmine slyes to his distinctions saying He confirmed only such Decrees as concerne the faith such as were made Conciliariter that is saith hee according to the use in other Councels after the thing had beene diligently examined And it is apparent saith he that this Decree was made at the Councel of Constance