what hee could and ought to doe to reduce Germanie to the obedience of the Apostolicall Sea that this is but a token of Gods anger and that hee must expect greater punishment if hee take not warning by it but carrying himselfe as a Souldier of Christ vndauntedly and without worldly respects he shall obtaine all manner of victorie as the examples of the times past doe demonstrate The fame was that the Pope was mooued to say so not onely by his owne inclination but by the perswasion of the Cardinall of Ausburg who was displeased with the libertie granted to the Confessionists It is certaine that Paul being of an high spirit and vast thoughts did assure himselfe that he could redresse all the disorders by his Papall authoritie onely nor had need of any Prince herein Therefore hee neuer spake with Ambassadours but Paul had vast thoughts and was exceeding proud hee thundred in their eares that hee was aboue all Princes that he would not that any of them should bee too domesticall with him that hee could change Kingdomes that hee was successor of him who hath deposed Kings and Emperours and did often repeate for a beginning of authoritie exercised by him that hee had made Ireland a Kingdome and went on so farre that in Consistorie and at his Table publiquely in the presence of many hee said he would not haue any Prince for his Companion but all subiects vnder his foote so hee sayd striking it against the ground as it is fit and as it is his will who hath built the Church and hath placed them in this degree And sometimes he would say that rather then we would doe any thing basely we would die ouerthrow all and set the whole world on fire Paul the fourth was naturally of a loftie mind and courage and trusted much in his knowledge and good fortune which did accompany him in all his actions whereunto the power and fortune of the Papacie being added hee thought euery thing was easie But two humours did flore in him by turnes one which by custome to make vse of Religion in all his attempts did induce him to imploy his Spirituall Authoritie the other was put into him by Charles Caraffa his Nephew who being valiant and exercised in warre made Cardinall of a Souldier did retaine his marrial spirits and perswaded him to vse his temporall power saying that the one without the other is despised but beeing ioyned are instruments of great matters The circumspect old man knew well that the Spirituall is made weaker when it is manifested that there is neede of the Temporall But being euer intent to make his name great sometimes hee gaue eare to his Nephew and sometimes hee beleeued himselfe more In the one lice concluded to vse the Temporall secretly and the Spirituall openly that proceeding with this hee might adde or omit the other as hee should lice aduised by the euents Therefore hee treated most secretly by his Nephew He treaâ—ced a League with the French King with the Cardinall of Loraine a league with the French King 〈…〉 ing almost made Loraine parted from Rome to take away â—uâ—ption and the Cardinall Torrnon went thither with whom it was concluded with the same secrecy The principall captiulation whereof was the gayning of the Kingdome of Naples for a yonger sonne of the King with great enlargement of the bounds of the Ecclesiasticall state whose confines were to be S. Germano Gerigliano and on the further side of the Apennine the Riuer Pescara beyong Beneuentum and some things besides were yeelded vnto for the Popes benefit The Pope also that he might haue a prop to leane on in both courses thought it necessary to make a promotion of Cardinals dependants on himselfe men of courage who would not bee afrayd to prosecute hisdisseignes and imploy themselues in any hard enterprise Hee began to speake of this promotion but a few dayes before hee made it which grieued And createth Cardinals contrary to his Oath the Cardinals for that hee would contradict the Capitulation which he had sworne and the Imperialists aboue all considering the qualitie of the persons to be promoted purposed to oppose The twentieth of December the Pope being entred into the Consistorie sayde so soone as hee sate downe that he would not giue audience to any that day because hee had greater matters to propose Euery one vnderstanding by this that his meaning was to create new Cardinals the Cardinall of Saint Iames went to his seate to speake with him and the Pope refusing and the Cardinall not desisting hee set his hand on his brest and thrust him from him All being set the Pope began to complaine of those who reported hee could make but foure Cardinals in regard of that which hee had sworne in the Conclaue and said that this was to binde the Popes authoritie which is absolute that it is an Article of Faith that the Pope cannot bee bound and much lesse can bind himselfe that to say otherwise was a manifest heresie from the guilt whereof he did absolue those that were faultie because hee thought they did not speake obstinately but hereafter if any shall say the same or the like against the authoritie giuen him by God hee will giue order that the Inquisition shall proceed Hee added that hee would make Cardinals and would not haue any contradiction because hee wanted persons for imployment which hee could not put vpon them because euery one had his proper faction that it was fit to promote men of learning and of exemplarie life to imploy them for reformation of the Church especially in the Councell whereof it was high time to treate seriously which he would propose with the first occasion But now hee would name vnto them the persons to bee promoted to the Cardinalitie a thing not to bee deferred any longer that they hauing a consultiue voyce might put to his consideration what was for the good of the Church wherein they should bee heard and that they should not beleeue they had a decisiue voyce because that belonged onely to him Hee proposed seuen persons in which number onely one was his kinsman and another of the Theatine Congregration the others were men of much fame either for learning or for the negotiations of the Court Amongst these was Iohannes Groperus of Collen of whom often mention hath beene made who knowing hee would not liue long thinking to honour his memorie much more by refusing a dignity desired euen by great Princes then by keeping it a few dayes which would giue matter of discourse to those that were emulous of him hee sent the Pope many thankes together with his excuse and refusing the ornaments would neither haue the name nor the title The Cardinals were created the next Sunday before the league was concluded with France which was the 15. of that moneth At this time Cardinall Poole who for many respects of succession and Card Poole ordained Priest and made Arch-bishop of Canterbury
many cases the whole care of matters terrene belonged to them sometimes they deposed the Emperours and mooued the Electors to make choyce of others in their roome and sometimes the Emperours chose new Popes or caused them to be chosen by others By these controuersies and by the Popes abode seuenty yeeres at Auignion and by meanes of a Schisme which happened in Italie after that the Popes were returned to Rome it came to passe that in those Cities which were subiect to the Church especially in those of Romania many potent Citizens each in his owne Countrey attained to souereigne power The Bishops of Rome either persecuted them or not being able to ouercome them gaue them these Cities to bee held of them in Vassallage or inuested other commanders in them So the Cities of Romania began to haue particular Lords by the name for the most part of Vicars of the Church Thus Ferrara first giuen by the Pope to Azo de Esti to be gouerned by him was afterwards granted to him vnder the title of Vicarship This familie was in processe of time exalted to more illustrious honours Bolonia being thus possessed by Iohn Visconte Arch-bishop of Milan was after giuen him by the Pope as a Vicarship of Rome Vpon the same occasions there arose many particular Lords in many places of the Marquisat of Anconia of the Patrimonie of Saint Peter and of Vmbria now called the Dukedome of Spoleto all which was done either against the Pope his will or by his forced consent The same variations being also in Lombardie amongst the Cities of the Empire it sometimes fell out that the Vicars of Romania and of other Ecclesiasticall territories withdrawing themselues openly from the Church acknowledged to hold those Cities in Vassalage from the Emperours and those who possessed Milan Mantua and other Imperiall places were contented to hold them from the Bishops of Rome In these times Rome though still named the Domaines of the Church was gouerned by it selfe When the Popes returned from Auignion into Italie for a while they were obeyed as Lords but the Romans soone after erected the magistracie of the Banderefi and relapsed into their wonted contumacie Hereupon the Popes retaining but small authoritie absented themselues wholly from thence vntill the Romanes beeing fallen into great pouertie and grieuous disorders by the absence of the Court and the yeere 1400. approaching in which they hoped if the Pope were at Rome there would be a great concourse of all Christendom by reason of the Iubelie they most humbly besought Pope Boniface to returne to them offering to put down the office of the Banderefi and to yeeld him absolute obedience Vpon these conditions hee returned to Rome and while the people were intent vpon their gaine made himselfe absolute Lord of the Citie and fortified and put a garrison in the Castle of S. Angelo Those who succeeded vntill Pope Eugenius found many difficulties but then the souereigntie was so well established that all his successors gouerned the Citie euen at their owne pleasure Being raised by these steps vnto earthly power they laid a side by little and little the care of soules and of diuine precepts so that setting their affections wholly vpon earthly greatnesse and vsing their spirituall authoritie only as an instrument of their temporall they seemed rather to bee secular Princes then Priests After this their care and businesse was no more sanctitie of life increase of religion loue and charitie towards their neighbour but armies and wars against Christians handling the sacrifices euen with bloudie hands but heaping vp of wealth but new lawes new arts new snares to scrape monie from all parts For this end they vsed their spirituall weapons without respect and sould things both sacred and profane without any shame at all The Popes and the Court thus abounding with wealth there followed pompe riot dishonestie lust and abominable pleasures no care of posteritie no thought of maintayning the perpetuall dignitie of the Papacie but in place hereof succeeded ambitious and pestiferous desires to exalt their sonnes nephewes and kindred not onely to immoderate riches but to Principalities and to kingdoms bestowing their dignities and benefices not vpon virtuous and well deseruing men but eyther selling them to those who would giue most or misplacing them vpon ambitious couetous and impudently voluptuous persons Hauing lost by this meanes that respect and reuerence which formerly the world did giue them they did notwithstanding maintaine in part their authoritie by the powerfull name and maiestie of religion and somewhat they were helped by the facultie which they haue in gratifiing of great Princes and those who were potent about them by bestowing some Enclesiasticall fauours and dignities vpon them Hence it cometh to passe that they are in high respect amongst men so that whosoeuer taketh armes against them is esteemed infamous for it and findeth many oppositions by other Princes Whatsoeuer hapneth there is but smale gaine to bee made by striuing with them For those that conquere them vse the victorie as the Popes will who being conquered obtaine what conditions they please Now because they haue a great desire to raise their neerest kinred from the state of priuat men to bee great Princes oftentimes they haue beene for very many years last past the occasions and the instruments of raysing now wars and tumults in Italie But to returne to our principall purpose from which my most iust griefe for the publique losse hath transported mee further then the lawes of an historie doe well permit let vs declare that the Cities of Romania being vexed c. A part of the historie of FRANCIS GVICCIARDINE stollen out of his tenth Booke Saying that the great oppression endured by the generous Romans and that those spirits which conquered the world should become seruile may in part bee excused in respect of former times Such honor was then giuen to religion and religion was so graced with miracles and sanctified manners that their ancesters without any constraint of armes or violence yeelded obedience to the gouernment of Ecclesiastiques and willingly submitted their necks to the sweet yoke of Christian pietie But now what necessitie what virtue what dignitie is there which can couer in any part the infamie and shame of this seruilitie Is it integritie of life holy examples giuen by these Priests or any miracles done by them what generation is there in the world more corrupt or more defiled with brutish and debauched manners It is miraculous that God the fountaine of Iustice hath so long indured such abominable wickednesse Some peraduenture may say that this tyrannie is supported by prowesse of armes or mens assiduous care and industrie for the preseruation of the Papall greatnesse But what generation is there in the world more auerse from the studies of war or more vnwilling to endure the labours belonging to it more giuen ouer to idlenesse and pleasure more negligent of the honor and profit of their successors The principalitie of the
sins of the communion of Indulgences of Excommunication of the power of the Pope of the authoritie of Councels of good works of Free-will of Purgatory of pouerty all which he saith are respectiuely pestiferous pernicious scandalous offensiue to pious eares contrary to charity contrary to the reuerence which is due to the Church of Rome contrary to obedience which is the sinew of Ecclesiasticall discipline wherefore being willing to proceede to sentence he with the Cardinals genetals of the regular orders with other Diuines and Doctours both of the one and the other law hath made diligent examination of them Therefore hee condemneth and reiecteth them respectiuely as hereticall scandalous false offensiue to pious eares deceitfull to godly minds and contrary to the Catholike trueth Hee prohibiteth vpon paine of excommunication and infinite punishments that no man should dare to keepe them defend them preach them or fauour them And because the same assertions are found in the bookes of Martin therefore he condemneth them commanding Luthers bookes are condemned to the fire vnder the same paines that none may reade or keepe them but that they ought to be burned as well those which doe containe the foresaid propositions as all the rest Concerning the person of Martin himselfe he saith he The Pope giueth an admonition to Luther and his followers hath many times admonished cited and called him with promise of safe conduct and prouision for his iourney that if hee had come hee would not haue found so many errours in the Court as hee saide and that himselfe the Pope would haue taught him that the Popes his predecessors haue neuer erred in their constitutions But because he hath endured the censures for the space of a whole yeere and hath dared to appeale vnto a future Councell a thing prohibited by Pius and Iulius the second vnder the punishments due to heretikes hee could proceed to condemnation without any more adoe notwithstanding forgetting these iniuries hee admonisheth the said Martin and his protectors to change their opinions cease to preach and in the terme of 60. dayes vpon the same paines to reuoke al the foresaid errors and burne the bookes which in case they doe not hee declareth them notorious and obstinate heretiques After he commandeth all vnder the same paines that they keepe not any booke of the same Martin though it conteine not the like errours Then ordaineth that all men ought to shunne as well him as his fauourers yea commandeth euery one to apprehend them and bring them personally before him or at least chase them out of their Lands and Countreys hee interdicteth all places whither they shall goe commandeth that they bee euery where made knowen and that his Bull ought to bee read in euery place excommunicating whosoeuer shall hinder the publication thereof he determineth that the exemplifications ought to be beleeued and ordereth that his Bull be published in Rome Brandeburg Misna and Mansperg Martin Luther receiuing newes of the condemnation of his doctrine and The Popes admonition cruseth Luther to make a solemne Appeale bookes set foorth a writing repeating the Appeale made to the Councell and making replication thereof for the same causes Furthermore for that the Pope had proceeded against a man not called nor conuinced nor the controuersie of the doctrine heard preferring his owne opinions to the word of God and leauing no place for the Councell he offereth to demonstrate all these things praying the Emperour and all Magistrates to accept this his Appeale for defence of the authority of the Councell thinking that this decree of the Pope bindeth not any till the cause be lawfully discussed in a Synod But men of vnderstanding seeing the Bull of Leo marueiled at it for many causes First concerning the forme that the Pope should proceede to a The Bull of Leo censured declaration with clauses of the palace in a matter which ought to be handled with the words of the holy Scripture and especially vsing periods so intricate and so long and prolixe that it was scarcely possible to draw any sense from them as if he had been to giue sentence in a feodatary cause And it was particularly noted that one clause which saith Inhibentes omnibus ne praefatos errores asserere praesumant is so drawen out in length with so many inlargements and restrictions that betweene Inhibentes and Praesumant there are placed more then foure hundred words Others passing on a little further considered that to haue proposed and condemned as hereticall scandalous false offensiue to pious eares and deceitfull to simple minds 42. propositions without declaring which of them were hereticall which scandalous which false but onely with a word respectiuely attributing to euery one of them an vncertaine qualitie caused a greater doubt then was before which was not to define the cause but to make it more controuersed and to shew more plainely that another authority and wisedome was necessary to determine it Some also were filled with admiration for that it was said that amongst the 41. propositions there were errours of the Grecians condemned long agoe Others thought it a strange thing that so many propositions in diuers points of faith should be decided in Rome by the aduice of the Courtiers onely without participating them to other Bishops Academies and learned persons of Europe But the Vniuersities of Louain and Collen being pleased that there was a colour giuen to their sentence by the Popes Edict publikely burned the bookes of Luther Which gaue cause that he also in Wittenberg all that Schoole being The Popes Bull and the Decretals burned in Wittenberg assembled iudicially and publiquely made to be burned not onely the Bull of Leo but together also the Popes Decretals and after gaue an account to the world of that action in a long manifest published in writing noting 521. LEO 10. CHARLES 5. HENRY 8. FRANCIS 1. A Councell was thought to be necessarie for two causes the Papacie in tyrannie of the Church peruersenesse of Christian doctrine and vsurpation of the power of lawfull magistrates But aswell for Luthers appeale as for these and other considerations euery one became of opinion that a lawfull Councell was necessarie by which not onely the controuersies might bee decided but the abuses also long since brought into the Church might bee redressed and alwayes the necessitie hereof appeared the more by how much the more the contentions increased writings being set forth continually both by the one part and the other For Martin failed not to confirme his doctrine by diuers writings and accordingly as he studied hee discouered more light euer passing some step further forward and finding articles of which in the beginning hee had not thought Which hee sayd he did for the zeale of the House of God But hee was constrained also by necessitie For the Romanists hauing laboured effectually in Collen with the Elector of Saxonie by the mediation of Hierom Aleander that he would deliuer Martin
Libell was published in England against the Pope and the whole Court of Rome and that besides a Comedie had beene made in presence of the King and Court to the great disgrace and shame of the Pope and of euery Cardinall in particular For which cause all being inflamed with choler they ran head-long to giue sentence which was pronounced in the Consistorie the foure and twentieth of the same moneth that the mariage betweene Henry and Queene Catherine was good that he was bound to take her for his wife and that in case he did it not he should be excommunicated The Pope was soone displeased with this precipitation For sixe dayes after the French King his letters came that the King of England was contented to accept the sentence concerning the Attentates and to render obedience with condition that the Cardinals whom hee mistrusted should not meddle in the businesse and that persons not suspected should bee sent to Cambray to take information And the King had sent his Proctors before to assist in the cause at Rome Wherefore the Pope went about to deuise some pretence to suspend the precipitated sentence and againe to set the cause on its feete But Henry so soone as he had seene it sayd it was no matter For the Pope should be Bishop of Rome and himselfe sole Lord of his kingdome and that he would doe according to the ancient fashion of the Eastern Church not leauing to be a good Christian nor suffering the Lutheran heresie or any other to be brought into his kingdome And so he did Hee published an Edict wherein hee declared himselfe head of the Church of England and punished capitally whosoeuer said that the Pope of Rome had any authoritie there he chased out the Collector of the Peter-pence and caused the Parliament to approoue all these things where it was determined that all Bishoprickes of England should bee conferred by the Archbishop of Canterburie without sending to Rome and that the Clergie should pay to the King one hundred and fifty thousand pounds sterling yeerely for the defence of the Kingdome against whosoeuer This action of the King was variously expounded Some thought him wise for freeing himselfe from the subiection of Rome without any innouation in Religion and without putting his subiects in danger of sedition How the action of K Henry was expoâ—nded and without referring himselfe to a Councell a thing which they saw hard to be effected and dangerous also for him it being impossible that a Councell composed of Ecclesiasticall persons should not mainetaine the Popes power which is the maine pillar of their order because by the papacie it is aboue all kings and the Emperour but without it is subiect to them there being no Ecclesiasticall person that hath superioritie but the Pope But the Court of Rome maintained that it could not be said that there was no change in Religion the first and principal Article being changed which is the supremacie of the Pope and that seditions would arise as well for this onely as for all the rest Which the euent shewed to be true For the King was faine to proceede seuerely against some of his subiects whom he loued and esteemed It cannot be expressed what griefe was conceiued in Rome and by all the Clergie for the alienation of so great a Kingdome from the Popes subiection and it discouered the imbecillitie of humane affaires wherein for the most part great damages proceed from those things from which the greatest The Popes haue gained much by matrimoniall dispensations benefits were formerly receiued For by matrimonial dispensations and by sentences of diuorce as well granted as denyed the Papacie hath gained much in former times sheltering the Princes with the name of the Vicar of Christ whom it concerned with some incestuous mariage or by dissoluing one to contract another to vnite some other territory to their owne or to drowne the title of diuers pretendants making for this cause straight alliance with them and interesting their power to defend that authoritie without which their actions would be condemned and hindred yea interesting not those Princes onely but all their posteritie to maintaine their legitimation But the misfortune which then arose might be ascribed to the precipitation of Clement who in this case knew not how to manage his authoritie and if it had pleased God to haue giuen him in this fact the vse of his vsuall wisdome he might haue gained much where now his losse was great But the Emperour at his returne into Germany being informed of the negotiation of the Nuncio Rangone concerning the Councell wrote to Rome complaining that himselfe hauing promised a Councell to Germany and treated with the Pope in Bolonia in what sort the Princes should be dealt with in this matter yet the Nuncij of his Holinesse had not proceeded in that manner that was agreed of but had so treated that the Protestants thought themselues deluded praying him in the ende to finde some way to giue Germany satisfaction The eighth of Iune the Emperours letters were read in the Consistorie and because there came aduice a little before that the Landgraue of Hassia had taken the Dukedome of Wittenberg from King Ferdinand by force of armes and restored it to the Duke Vlrick the lawfull Lord of it and that Ferdinand also was inforced to make peace with them many of the Cardinals sayd that the Lutherans hauing atchieued 1534 PAVL 3. CHARLES 〈◊〉 HENRY 8. FRANCIS 1. so great a victorie it was necessarie to giue them some satisfaction and not to proceede any more by Art but to make some demonstration of effects because the Emperour hauing promised a Councell it was necessarie hee should not be deluded and sayd that if the Pope could not finde a way there was danger That his Maiestie would be constrained to yeelde to some other thing of greater preiudice and losse to the Church But the Pope and maior part of the Cardinals seeing it was impossible to make the Lutherans accept such a Counsell as might bee seruiceable to the Court of Rome and being resolute not so much as to hearken to any speach of making it otherwise they resolued to answere the Emperour that they knew very well the importance of the times and what great need there was of a generall Councell which they were most readie to intimate in case it might be so celebrated that it might produce good effects as need requireth but seeing new discords arise betweene him and France diuers open dissentions betweene other Christian Princes it was necessarie they should cease and mindes should bee reconciled before the Councel were called For during the discords it could not produce any good effect and now least of all the Lutherans being in armes and made proud by the victory of Wittenberg But it was necessary to leaue discoursing with the Pope of a Councell For hee fell into a long and mortall infirmitie whereof he dyed in the end Clement the 7. dieth
the Emperour related in publique Diet whatsoeuer was done vntill The Emperours opinion concerning Religion to which the Lagâ—â— doth agree that time and communicated vnto them the writing of the Legat and concluded that hauing vsed all possible diligence hee saw not what more could be done but only to deliberate whether sauing the recesse of the Diet of Ausburg the articles agreed on in this conference ought to bee receiued as being Christian nor any more to be disputed of at the least vntill a generall Councell which shall be held very shortly of which opinion the Legat seemed to bee or in case there were no Councell vntill a Diet where all the controuersies of religion may bee exactly handled The Electors approoued for good and vndoubtedly profitable that the Articles agreed on in the conference should by all be receiued vntill the time of the Councell in which they may bee examined againe or in case that faile in a Nationall Councell or Diet because it would serue to make a perfect The answere of y e Electors reconciliation in the Articles not accorded as yet But yet they prayed his Maiestie to goe on if there were any hope to make any further agreement in that Diet and if opportunity serued not they thought it good that by his fauour a generall or Nationall Councell might bee called in Germanie as soone as might bee that the vnion might wholly be established The Protestants The answere of the Protestants made the same answere onely declaring themselues that as they desired a free and Christian Councell in Germanie so they could not consent to any where the Pope and his Ministers had power to heare and iudge the causes of religion But the Bishops and some few other Catholike Princes The answere of the BB. and of the Catholike Princes answered after another manner first confessing that in Germanie and other Nations there were many abuses sectes and heresies which could not bee extirpated without a generall Councell adding that they could not assent to any change in religion ceremonies and rites seeing that the Popes Legate offereth a Councell within a short time and that his Maiestie will treate with his Holinesse thereof But in case the generall Councell could not bee celebrated they desired that the Pope and Emperour would ordaine a Nationall Councell in Germanie which if they would not doe another Diet should bee assembled to roote out the errours and that they were resolued to adhere to the old religion as it is contained in the Scripture Councels doctrine of the Fathers and also in the Imperiall Recesses especially in that of Ausburg That they will neuer consent to receiue the Articles accorded in the Colloquie because some of them are superfluous as are the 4. first and because there are words in them not conformable to the custome of the Church besides some positions which are partly damnable and partly to be tempered and because the Articles accorded are of lesse moment and those of consequence remaine in controuersie and because the Catholikes of the Colloquie had granted too much to the Protestants whereby the reputation of the Pope the Catholike states was wounded They concluded it was better the acts of the Colloquie were left to their place and whatsoeuer belonged to religion deferred to a generall Councell or Nationall or a Diet. Not the opinion only of the Catholikes that the Emperors proposition was too aduantagious for the Protestants caused them to make this answere but also because the three Catholike Doctors of the Colloquie dissented amongst themselues But the Legate vnderstanding that the Emperour had named him as consenting to the establishment of the things accorded as well for feare as at the instance of the Ecclesiastikes of the Diet he went to the Emperour and complained that his answere was ill interpreted and that hee was blamed The Legate complaineth that his answere was mistaken for hauing giuen consent that the things accorded should be tolerated vntill the Councell that his minde was that nothing should be resolued on but all sent to the Pope who promised by the faith of a good Pastour and Vniuersall Bishop that all should bee determined by a generall Councell or by some other way equiualent sincerely and without passion not hastily but maturely alwayes ayming at the formed of God That his Holinesse had to the same end in the beginning of his Papacie sent letters and Nuncij to the Princes to celebrate the Councell and after did intimate it and sent his Legats to the place and if hee had endured so many ireaties of religion in Germanie with small reuerence of his authoritie to whom onely it appertaineth to make them it was vpon his Maiesties purpose and promise that all should bee for the beste that it was vnreasonable that Germanie should assume that to her selfe with iniurie to the Apostolik Sea which belongeth to all nations of Christendome Wherefore the Popes clemencie was no longer to be abused by concluding that in a Diet which belongeth to him and the Church vniuersall but sayd that the booke and all the actes of the Colloquie together with the opinions of both parties was to bee sent to Rome and the determination of his Holinesse to bee expected And not satisfied with this hee published a third writing in which hee sayd that his writing giuen to the Emperour concerning the treatie of the Colloquie being diuersly interpreted some expounding it as if hee had consented to the Articles accorded of vntill the generall Councell and others vnderstanding that hee had referred both these and all other things to the Pope to the end there may remaine no doubt heerein he declareth that in the writing he had no intention to decide any thing in this businesse nor that any Article should bee receiued or tolerated vntill the future Councell and least of all did then decide or define them but had referred the whole treatie and all the Articles thereof vnto the Pope as hee did referre them still Which hauing declared to the Emperour by word hee would also declare and confirme it to the whole world in writing And hee was not contented with this but considering that all the Catholike Princes euen the Ecclesiastikes did agree in demanding a Nationall Councel and that in his instruction he had straight charge from the Pope to oppose himselfe when that should bee vrged though they would doe it with his authoritie and with the presence of the Apostolicall Legats to shew what danger it would be to mens soules and iniurie to the Popes authoritie from whom would be taken the power which God hath giuen him and granted to one Nation to put the Emperor in mind how himselfe being in Bolonia detested a Nationall Councel knowing it to be pernicious to the Imperiall authoritie because the Subiects incouraged by seeing power giuen them to innouate in matter of religion would thinke to doe the like in the temporall state and that his Maiestie after the yeere
the Legates knowing how much it concerned the reputation of the Councell entertained them partly by saying they had not power to giue leaue and partly by giuing hope that the Councell should begin within few dayes Caesars Ambassadour returned to his Ambassage at Venice vpon pretence of indâ— position leauing the Legates doubtfull whether it were by the Emperours commission vpon some tricke or for being wearâ— to bee idle and incommodated Hee promised a speedie returne adding that in the meane while the Ambassadours of the King of the Romanes remained there to assist the seruice of God and yet hee desired the Councell should not bee opened vntill his returne But in the end of the next moneth the greater part of the Bishops moued some by pouertie and some by incommoditie made grieuous complaints and raised as it were a sedition among themselues threatning that they would depart and had recourse to Francis Castel-Alto gouernour of Trent whom Ferdinand had appointed to hold his place together with 〈◊〉 Gineâ—a This man came before the Legats and desired them in the name of his King that now at last they would begin it being plaine how much good would ensue by the celebration and how much euill by temperizing thâ—â— The Legats held themselues offended herewith because they thought it was to shew the world that which was contrary to the trueth and to attribute to them the delay which proceeded from the Emperour And though they among themselues resolued to dissemble and to answere in generall termes yet the Cardinall Monte could not bridle his libertie but in making answere concluded in the end with perswasion to expect Don Diego who had more particular commissions then hee It was hard to entertaine and comfort the Prelates who ill endured that idle delay and especially the poore ones who wanted money and not wordes Wherefore they resolued to giue at the Popes charge fortie Ducats a yeere to the Bishops of Nobili Bertinoro and Money is giuen to the poore Bishops Chioza who complained more then the rest and fearing that the munificence might giue pretence hereafter they declared themselues that it was for a subsidie and not for prouision They gaue the Pope an account by letter of what they had done shewing him the necessitie to assist them with some greater ayde but telling him withall that it was not good to giue it as a firme prouision that the Fathers might not seeme the stipendaries of his Holinesse which would cherish the Protestants excuse not to submit themselues to the Councel because it was composed only of those that depended on and were obliged to the Pope At the same time the Emperor in Wormes cited the Archbiship of Collen The Archbishop of Collen is cited by the Emperour in Wormes to appeare before him within thirtie dayes or to send a Proctor to answere to the accusations and imputations layd vpon him commanding him in the meane space not to make any innouation in Religion and Rites but to reduce the things innouated to their former state Hermannus Bishop of Collen desiring to reforme his Church in the yeere 1536. called a Councell of the Bishops his Suffragans where many Decrees were made and a booke printed composed by Iohn Groperus a Canonist who for seruice done to the Church of Rome was after created Cardinall by Pope Paul the fourth But whether the Archbishop and Groperus himselfe were not satisfied with the reformation or whether hee changed his opinion hee assembled the Clergie and Nobility and chiefe men of his state in the yeere 1543. and established another reformation This though it were approoued by many pleased not the whole Clergie yea the maior part opposed it and made Groperus their head who before had giuen counsell for it and promoted it They entreated the Archbishop to desist and expect a generall Councell or at the least an Imperiall Diet which not being able to obtaine in the yeere 1545 they appealed to the Pope and to the Emperour as supreme aduocate and protectour of the Church The Archbishop published by a writing that the appeale was friuolous and that hee could not desist from that which belonged to the glory of God and amendment of the Church that hee had not to doe either with the Lutherans or others but that hee obserued the doctrine agreeable to the holy Scripture The Archbishop going on in his reformation and the Clergie of Collen insisting vpon the contrary the Emperour receiued the Clergie into his protection and cited the Arch-bishop as hath beene said This newes comming to Trent gaue matter to passe the time at the least with discourses The Legates were much mooued and amongst the Prelates which were present those that were of any vnderstanding blamed the Emperour for making himselfe Iudge of faith and reformation the most gentle word they spake was that the Emperours proceeding was very scandalous They began to know they were not esteemed and that to bee idle was to be scorned by the world Therefore they did discourse that they were constrayned to declare themselues to be a Councel lawfully called and to be beginne The Emperor is blamed for the Citation by the Fathers of Trent the worke of God proceeding first against the foresayd Archbishop the Elector of Saxony the Landgraue of Hassia and likewise against the King of England They grew into so great spirits that they seemed not the same who a few dayes before thought themselues confined in prison The Ministers of the Archbishop of Mentz abated this heat putting them in minde of the greatnesse of those Princes and their adherents and the danger to make them vnite themselues with the King of England and so to make a greater fire in Germanie and the Cardinall of Trent spake in the same forme The Italian Bishops thinking it a great matter to meddle in such eminent subiects said it was true that all the world would be attentiue at such a processe yet that all the importance was to begin and ground it well They incited one another saying it was necessary to redeeme the slownesse past with celerity hereafter That they should demand of the Pope some man of worth to perorate against the accused as did Melehior Baldassino against the Pragmatique in the Laterane Councel beeing perswaded that to depriue Princes of their States had no other difficultie then to vse well the formes of Processes But the Legates as well for this as for other occurrences knew it to be necessarie to haue such a Doctor and wrote to Rome to be prouided of one The Pope vnderstanding the Emperors action was astonished and doubted The Pope was wonderfully distasted with the Citation whether to complaine or be silent To complaine when no effect would succeed he thought friuolous and a demonstration of his small power And this mooued him exceedingly But on the other side considering well how much it imported him not to passe ouer a matter of that moment hee resolued not to giue words
letter written from Trent weighing the inconueniences that would follow if hee kept the Councell at anchor with the ill satisfaction of the Bishops that were there and the mischiefe that might arise if the reformation should begin In fine perceiuing that it was necessary to put something to the hazard and that it was wisdome to auoid the greater euill he resolued to write backe to Trent to begin the action as they had aduised admonishing them not to broach any new difficulties in matter of faith nor to determine any of the things controuersed amongst the Catholiques and to proceed slowly in the reformation The Legates who vntill then had in the Congregations entertained themselues in generall matters hauing receaued power to goe on proposed in the Congregation of the 22. of February that the first foundation of faith beeing established they ought in the next place to handle another more ample which is the holy Scripture wherein are points belonging to the doctrines controuerted with the Lutheranes and others for reformation of those abuses which are most principall and necessary to be amended and so many that perhaps the time vntill the next Session will not bee sufficient to finde a remedy for all They discoursed of the controuersies with the Lutherans in this subiect and of the abuses and much was spoken hereof by diuers Prelates The Diuines who were thirty in number and almost all Friars had vntill then serued in the Councell onely to make Sermons on Holy-dayes in exaltation of the Councell and the Pope and to make light skirmishes with the Lutheranes but now that controuerted doctrines were to bee decided and the abuses of learned men rather then of others to bee reformed their worth The Diuines begin to be esteemed beganne to appeare And order was taken that in the points of doctrine to be decided articles should be extracted out of the bookes of the Lutheranes contrary to the orthodox faith to bee studied and censured by the Diuines that euery one speaking his opinion of them the matter might bee prepared to frame the Decrees which being proposed in the Congregation and examined by the Fathers when euery mans voyce was knowen that might bee established which was to bee published in the Session And for the abuses euery one should call to mind what hee thought worthy of amendment together with the remedy fit for it The articles for matter of doctrine drawen out of the Lutheranes bookes were 1. That the necessary doctrine of Christian faith is wholy conteyned in the holy Scripture and that it is an humane inuention to adde vnto them vnwritten Traditions as left vnto the holy Church by Christ and his Apostles deriued vnto vs by meanes of the continuall succession of Bishops and that it is sacrilege to defend that they are of equall authority with the old and new Testament 2. That amongst the bookes of the old Testament none should bee reckoned but those that haue beene receiued by the Iewes and in the New the sixe Epistles that is that vnder the name of S. Paul to the Hebrews that of S. Iames the 2. of S. Peter the 2. and 3. of S. Iohn one of S. Iude and the Apocalyps 3. That to vnderstand the Scripture well or to alledge the proper words it is necessary to haue recourse to the texts of the originall tongue in which it is written and to reprooue the Latine translation as full of errors 4. That the diuine Scripture is most easie and perspicuous and that to vnderstand it neither glosse nor comment is necessary but onely to haue the spirit of a sheepe of Christs pasture 5. Whether Canons with Anathematismes adioyned should be framed against all these Articles Vpon the two first the Diuines discoursed in foure Congregations and in the first all agreed that the Christian faith is contayned partly in the Scripture and partly in Traditions and much time was spent in alledging for this places of Tertullian who often speakes of them and many were numbred out of Irenie Cyprian Basil Austin and others yea some said more that Tradition was the onely foundation of the Catholique doctrine For the Scripture it selfe is not beleeued but by tradition But there was some difference how this matter might fitly be handled Vicenzo Lunello a Franciscan Friar was of opinion that in regard the holy Scripture and traditions were to be established for ground of faith they ought first to treat of the Church which is a more principal foundation For the Scripture receiueth authority from it according to the famous saying of Saint Augustine I would not haue beleeued the Gospel if the authoritie of the Church had not compelled me and no vse can be made of traditions but by grounding them vpon the same authority For if a controuersie Discourses about the authoritie of traditions arise about a tradition it will bee necessary to decide it either by the testimony or by the determination of the Church But this foundation being laid that euery Christian is bound to beleeue the Church one may securely build thereon He added that they should take example from all those that haue substantially written against the Lutherans as Fryar Siluester and Ecchiâ—s who haue more alleadged the authoritie of the Church then any other argument neither is it possible to conuince the Lutherans otherwise That it is contrary to the end proposed that is to lay all the foundations of Christian doctrine to leaue out the principall and perhaps the onely ground but certainely that without the which the residue cannot subsist This opinion had no followers Some opposed against it that it was subiect to the same difficulties which it made to others For the Synagogues of the heretiques also would arrogate to bee the true Church vnto whom this authoritie was giuen Others holding it to be a thing most knowen and vndoubted that by the name of the Church the Cleargie ought to bee vnderstood and more properly the Councell and the Pope as head said they ought to maintaine that the authority of the Church is already decided and that to treat of it now were to shew there was difficultie or at the least that it was a thing newly cleered and not most ancient euer beleeued since Christianitie began But Anthonius Marinarus a Carmelite Fryar thought fit to refraine speaking of traditions and said that for decision of the first Article in this matter it was meete first to determine whether the question were facti or iuris that is if the Christian doctrine haue two parts one which was written by the will of God and the other which was forbidden to bee writ but onely taught by word of mouth or if in the whole body of doctrine it hath accidentally happened that all hauing beene taught some part hath not beene committed to writing Hee added that it was a cleere case that the Maiestie of God ordaining the law of the Old Testament appointed it should be necessary to haue it in writing and therefore
disputations and how farre different that was which they printed would not beleeue how much was spoken vpon this article and with how much heate not onley by the Diuines but the Bishops also all seeming to vnderstand the trueth and to haue it on their side so that Santa Croce saw there was more neede of a bridle then spurres who desired to make an end of it by intreating them to passe to something else and to diuert the controuersie It was twice proposed in congregation of the Prelates to leaue this question as ambiguous long and troublesome yet they returned to it being drawen by their affections At last the Cardinall shewing they had said enough and that they should consider againe of the things spoken to resolue on them more maturely obtained of them to speake of preparatiue workes and obseruation of the Law vpon which occasion the matter of Free will was brought in by many and not neglected by the Cardinall he proposed whether they would haue that particular also handled together with the rest because it did so cohere with thē that it could not be handled seuerally Therfore Prelates and Diuines were deputed to collect Articles out of the workes of the Lutherans that they might be censured The Articles were 1. God is the totall cause of our workes good and euill and the adultery of Dauid the cruelty of Manlius and the treason of Iudas are workes of God as well as the vocation of Saul 2. No man hath power to thinke well or ill but all commeth from absolute necessitie and in vs is no free will and to affirme it is a meere fiction 3. Free Articles concerning Free will will since the sinne of Adam is lost and a thing onely tirular and when one doeth what is in his power hee sinneth mortally yea it is a thing fained and a title without realitie 4. Free will is onely in doing ill and hath no power to doe good 5. Free will mooued by God doeth by no meanes cooperate and followeth as an instrument without life or as an vnreasonable creature 6. That God conuerteth those onely whom hee will though they will not and spurne against it Vpon the two first Articles they rather spake in a tragicall manner then The discussiō of the articles Theologicall that the Lutheran doctrine was a frantique wisedome that mans will as they make it is prodigious that those wordes a thing of title onely a title without realitie are monstrous that the opinion is impious and blasphemous against God that the Church hath condemned it against the Manichees Priscillianists and lastly against Aballardus and Wigleffe and that it was a follie against common sence euery one proouing in himselfe his owne libertie that it deserueth not confutation but as Aristotle saith chastisement or experimentall proofe That Luthers Schollers perceiued the folly and to moderate the absurditie sayd after that man had libertie in externall politicall and oecumenicall actions and in matters of ciuill iustice that which euery one but a foole knoweth to proceede from counsell and election but denied libertie in matters of diuine iustice onely Marinarus sayd that as it is foolish to say no humane action is in our power so it is no lesse absurd to say that euery one is euery one finding by experience that hee hath not his affections in his power that this is the sence of the Schooles which say that wee are not free in the first motions which freedome because the Saints haue it is certaine that some freedome is in them which is not in vs. Catarinus according to his owne opinion that without Gods speciall assistance a man cannot doe a morall good said there was no liberty in this and therefore that the fourth Article was not so easily to bee condemned Vega after hee had spoken with such ambiguitie that hee vnderstood not himselfe concluded that betweene the Diuines and the Protestants there was no difference of opinion For these concluding now that there is liberty in Philosophicall iustice and not in supernaturall in externall workes of the Law not in internall and spirituall it is to say precisely with the Church that one cannot doe spirituall workes belonging to religion without the assistance of God And though hee said that all indeuour was to be vsed for composition yet hee was not gratefully heard it seeming in some sort a preiudice that any of the differences might bee reconciled and they were wont to say that this is a point of the Colloquies a word abhorred as if by that the Laitie had vsurped that authority which is proper to Councels A great disputation arose amongst them whether it bee in mans power to beleeue or not beleeue The Franciscans following Scotus did denie it saying that as knowledge doth necessarily follow demonstrations so faith doth arise necessarily from persuasions and that it is in the vnderstanding which is a naturall agent and is naturally mooued by the obiect They alledged experience that no man can beleeue what hee will but what seemeth true adding that no man would feele any displeasure if hee could beleeue hee had it not The Dominicans said that nothing is more in the power of the will then to beleeue and by the determination and resolution of the will onely one may beleeue the number of the starres is euen Vpon the third Article whether free will bee lost by sinne very many authorities of Saint Austine being alledged which expressely say it Soto did inuent because hee knew no other meanes to auoyd them that true liberty is equiuocall for either it is deriued from the Noune Libertas freedome or from the Verbe Liberare to set free that in the first sence it is opposed to necessity in the second to seruitude and that when Saint Austine sayd that free-will was lost hee would inferre nothing else but that it is made slaue to sinne and Satan This difference could not bee vnderstood because a seruant is not free for that hee cannot doe his owne will but is compelled to follow his Masters and by this opinion Luther could not bee blamed for intitling a booke of seruile will Many thought the fourth Article absurd saying that liberty is vnderstood to be a power to both the contraries therefore that it could not bee said to bee a liberty to euill if it were not also to good But they were made to acknowledge their error when they were told that the Saints and blessed Angels in heauen are free to doe good and therefore that it was no inconuenience that some should bee free onely to doe euill In examining the fifth and sixt Articles of the consent which free-will giueth to diuine inspiration or preuenting grace the Franciscans and Dominicans were of diuers opinions The Franciscans contended that the will beeing able to prepare it selfe it hath liberty much more to accept or refuse the diuine preuention when God giueth assistance before it vseth the strength of nature The Dominicans denied that the workes preceding the
Baptisme and of the Communion of the flesh of CHRIST What other spirituall things are there beside these And if there were how can hee who is partaker of these which are the chiefest be sayde absolutely in generall termes to be vncapeable of spirituall things But they sayd that the Minor was false also that causes appropriated to the Episcopall iudicature are spirituall For all either delicts or contracts which considering the qualities giuen by the holy Scripture to spirituall things are as farre from being such as earth is from heauen But the opposition of the better part could not ouercome the greater and so vpon the spirituall power giuen by CHRIST to the Church to binde and loose and vpon the institution of Saint Paul to compose contentions betweene Christians without going to the tribunall of Infidels in much time and by many degrees a temporall tribunal hath beene built more remarkeable then euer was any in the world and in the midst of euery Ciuill gouernement another instituted not depending on the Publike which is such a kinde of Common-wealth as not one of as many as haue written of gouernments would haue imagined could subsist I will omit to speake how the paines of so many besides the obtaining of the wished end To make themselues independent of the publike haue before they were aware raysed an Empire there being a more difficult opinion sprung vp taking root with admirable progresse which giueth to the Pope of Rome as much at once as hath in 1300. yeeres beene gained by so many Bishops by such extraordinarie meanes not making the power to binde and loose the foundation of iurisdiction but the power of feeding and so affirming that all iurisdiction was giuen the Pope by CHRIST in the person of Peter when he sayd to him Feede my sheepe For so it will be said in the third reduction of the Councell when great tumults were raised by this opinion which shall then be recounted But by that which hath been now declared euery one may of himselfe conceiue what remedies were necessarie to giue a tolerable forme to a matter broken out into so great corruptions and compare them with these that were proposed In Trent there were two defects considered that is that the charitie of the superiours was turned into domination and the obedience of the inferiours into complaints subterfuges and lamentations and they first thought of prouiding in some sort against them both But in prosecuting the first which is the fountaine from whence the second is deriued they vsed onely an exhortatorie remedie to the Prelates to take away domination and restore charitie And for the inferiours many subterfuges beeing mentioned to delude iustice three heads onely were taken Appeales absolutorie graces and complaints against the Iudges Iohannes Groperus who assisted in that Councell as a Diuine and a Lawyer spake honourably of Appeales and sayd that while the heat of faith remained in the brests of Christians Appeales were not heard of But charitie in the Iudges waxing colde and place being giuen to passion they entred into the Church for A discourse of Iohannes Groperus concernâ—ng Appeales the same reasons which brought them into the secular Courts that is for the ease of the oppressed And as the first iudicatures belonged not to the Bishop onely but to him with the councell of his Priests so the Appeale was not deuolued vnto one man but vnto another Congregation But the Bishops taking away the Synods did institute Courts and officers like the seculars Neither did the mischiefe stoppe there but passed to greater abuses then in the Secular court For there the first Appeale is onely to bee immediate superiour neither is it lawfull to leape to the highest nor permitted in the articles of the cause to appeale from the Decrees of the Iudge which they call interlocutories but it is necessarie to expect the end But in the Ecclesiasticall Courts one may appeale from euery acte which maketh the causes infinite and immediately to the highest Iudge which carryeth them out of the Countreys with great charges and other intolerable mischiefes This hee said hee did declare to conclude that if they would reforme this matter which is wholly corrupted and doeth not onely hinder residencie as in the Congregations of so many worthy Doctours and Fathers was considered but corrupteth the whole discipline and is a grieuance charge and scandall to the people it was fit to reduce it to its beginning or as neere to it as might bee setting a perfect Idea before their eyes and ayming at that to come as nigh to it as the corruption of the matter doth comport That the well instituted monasticall religions haue forbidden all appeale that this is the true remedie Hee that hath not beene able to goe so high hath moderated them granting them within their order and forbidding them without which succeeding well as appeareth to keepe those gouernments in order it would worke the same effect in the publike gouernments of the Church if the Appeales were confined within the same Prouince And to effect this and to bridle the malice of the litigants it is sufficient to reduce them to the forme of the Common lawes forbidding the Leap that is to go to the highest without passing by the intermediate superiours and by forbidding Appeales from the Articles or the interlocutory Decrees with which prouisions the causes will not goe farre will not be drawne in length will not cause excessiue charges and other innumerable grieuances and that the sentences may passe with sinceritie to restore the Synodals which are not subiect to so great corruptions remouing those officers by whom the world is so much scandalized because it is not possible that Germany should endure them This opinion was not willingly heard except by the Spaniards Dutch-men But the Cardinall the Nuncio of Siponto were displeased that hee went so farre For this was to take away not onely the profit of the Court but the honour also no cause would goe to Rome and by degrees euery one would forget the superioritie of the Pope it beeing an ordinary thing with men not to esteeme that Superiour whose authoritie is not feared or cannot be vsed Therefore they caused Iohn Baptista Castellus of Bolonia to speake in the next Congregation in the same matter in such sort as that without contradicting Groperus the appearance which the reasons alleadged by him did make should bee darkened Hee beganne with the prayses of the ancient â—n opposition whereof Iohannes Baptista Castellus maketh another discouâ—se by direction of the Presidents Church yet dexterously touching that in those same times there were imperfections in some part greater then in the present He thanked GOD that the Church was not oppressed as when the Arians did scarce suffer it to appeare and said that antiquitie ought not so to be commended as that something in the latter age may not bee reputed better Those who praise the Synodall iudicature haue not seene their defects
put them in discussion and controuersie and that in the meane while hee would giue order for that which he had resolued besides And this hee wrote to the Legates In the end of the moneth he deliuered in Consistory that the greatest Princes of Christendome did demand reformation which could not be denied them neither by true reasons nor by pretences and therefore that hee was resolued to giue a good example and not to faile of his duetie to begin with himselfe prouiding against the abuses of the Datary taking away the coadiutories regresses resignations in fauour and that the Cardinals ought not onely to consent vnto it but to publish it to all The good intention of his Holinesse was generally commended But some considered that those vses were brought in to take away greater abuses of manifest Simonie and vnlawfull bargaines and that they were to take care that remoouing those tolerable inconueniences which indeede are but against the law of man a gatebee not opened for the returne of those which are against the Law of GOD. The Cardinall of Trent said that it would bee a great preiudice to take away the Coadiutories in Germany because those Bishoprickes being annexed to principalities if Coadiutories could not bee had for both together they must be had for the principalitie alone and so the temporall would bee diuided from the spirituall which would bee the vtter ouerthrow of the Church The Cardinall Nauaggiero opposed the making of Germanie different saying that the Dutchmen being the first that demanded reformation they ought to bee comprehended at the last Afterwards the Pope related how many enterprises were vsed in Councell against the priuiledges of the Romane Church and spake of Annats Reseruations and preuentions He said they were necessarie Subsidies to maintaine the Pope and Colledge of Cardinals whereof as themselues were partakers so it was fit they should labour to defend them and that hee would send a number of them to Trent for this seruice In which place the next day after the arriuall of the currier who brought The Canons sent from Rome from Rome the canons of the institution which was the fifteenth of Ianuarie a day appointed to resolue on the certaine time of celebrating the Session a Congregation was helde and a resolution made to deferre the determination vntill the fourteenth of February And a copy was giuen of the decrees of the Institution with order that the Congregations should begin in which they should bee discussed And the care of reforming the decree of Residence was committed to Loraine and Madruccio together with those Fathers whom they pleased to take vnto them In the congregations following the formes which came from Rome were with facilitie approoued by the Patriarchs and the most ancient Archbishops but many difficulties were alleadged against them by the Spaniards and more by the Frenchmen This passage That Bishops doe holde the principall place depending of the Pope was questioned Doe not absolutely please the Fathers because the forme of speech was ambiguous which ought to haue beene plaine After long discussion they were content to admit that it should be said Chiefe vnder the Pope but not dependent Some also oppugned those words that Bishops were assumed by the Pope into part of the charge but would haue it said That they were appointed by CHRIST to take part of the cure alledging the place of Saint Cyprian There is but one Bishopricke of Which euery one holdeth a part in solidum And for the point of the authoritie to feed and to gouerne the Church vniuersall they said that the Church was the first tribunall vnder CHRIST to which euery one ought to bee subiect and that Peter was addressed to it as vnto a Iudge by the words of CHRIST Goe tell it to the Church and hee that will not heare the Church let him bee accounted an Heathen and a Publican And they were content it should be said that the Pope hath authoritie to feede and gouerne all the Churches but not the Church vniuersall wherein there was small difference in the Latin betweene Vniuersaâ—em Ecclesiam and Ecclesias vniuersas And Granata said I am Bishop of Granata and the Pope Arch-bishop of the same Citie inferring that the Pope hath the superintendencie of the particular Churches as the Archbishop hath of the Churches of his Suffragans And it beeing alleadged that this word Church Vniuersall was vsed in the Councell of Florence it was replyed that the Councell of Constance and Martin the fifth in condemning the Articles of Iohn Wiglef doth condemne the Article against the supremacy of the Apostolique Sea onely for saying that it is not set ouer all particular Churches And here a disputation began betweene the Frenchmen and the Italians these saying that the Councell of Florence was generall that of Constance partly approoued and partly not and that other of Basil schismaticall A difference between the Italians and the French-men about the Councels of Constance Basil and Florence and the others maintaining that those of Constance and Basil were generall Councels and that this name could not agree to that of Florence celebrated onely by some few Italians and foure Grecians Neither did they grant that the Pope had all the authoritie from CHRIST no not with the restrictions and limitations as he was a man and in the time of his mortalitie but they were content it should bee said that hee had authoritie equall to that of Saint Peter This manner of speech was suspected by the Papalins who saw they would make the life and actions of Saint Peter a paterne for the Pope which would as they said reduce the Apostolique Sea to nothing which they defended to haue an vnlimited power to be able to giue a rule for all emergents as the times doe require though contrary to the actions of all his predecessours and of Saint Peter himselfe And the contentions were like to proceed further But the Legats to giue some intermission to haue time to send the Pope the corrections of the Vltramontans and receiue his command how to gouerne themselues in the businesse that they might set another matter on foot which might make this to be forgotten returned to the point of Residence concerning which Loraine and Madruccio had composed a forme and presented it some dayes before to the Legats who without considering of it did approoue it vpon the first sight Afterward hauing consulted with the Canonists they disliked one parte in which it was said that Bishops are bound by the commandement of God to attend and watch ouer the flocke personally and doubting that those words would not please in Rome they changed them and so proposed the forme in congregation Loraine The Cardinals of Loraine Trent are offended with the Legats and Madruccio were much offended with this mutation and thought they were disparaged and Loraine said that hereafter he would take no more care in those things nor treat with the Prelats but
fornication and to confine the dispensutions also with in the limits which shall be spoken of in reciting the Decrees There was some contention also about the ninth poynt in which Superiours Whether one may be forbid or forced to marry are forbidde to force their subiects to marry with threats and punishments naming the Emperour and Kings Gulielmus Cassodorus Bishop of Bacellona opposed and saide that it could not bee presupposed that great Princes would meddle in mariages but for great causes and for the publique good that threats and punishments are then bad when they are vsed contrary to order of law but penall precepts conformable to the law are iust and can not bee reprehended If there be any case he said in which the Superiour may iustly command a mariage he may force the celebration of it by penall commands alleading also that it is a thing decided by the Diuines that iust feare doth not cause an inuoluntary action Hee desired that lawfull causes might be excepted and those Superiours only comprehended in the Decree who doe compell against iustice and order of the law saying that many cases may occurre in which the necessity of the publique good doth require the celebration of a mariage which hee that would say that a prince could not command and cause by compulsion to bee celebrated should offend against the law of God and man To this reason he added an example that in the yeere 1556. the second of Ianuary Paul the 4. sent a monitorie to Dame Ioan of Arragon wife of Ascanius Columna that she should not marry any of her daughters without his leaue or if she did the matrimony though consummated should be void which that most wise and sincere Pope would not haue done if Princes had not power to marry their subiects in case of the publique good In the point of not mentioning Princes he was followed by many and the name of the Emperour Kings and Princes was taken away But for the residue hee was much opposed with this reason onely that Matrimony is an holy thing in which the Secular power hath no authority and if there be any lawfull cause to compell any to marry it must be done by the Ecclesiasticall power onely The relation of the monitory of Paul raised a great wispering in the Congregation and afterwards gaue matter of diuers discourses Some sayd he did it not as Prince but as Pope and that he had reason to doe it in regard Ascanius Columna being a traytor vnto him he would not haue him get new adherences by mariage of his daughters by which hee might bee confirmed in his contumacie Others said that the Pope as Vicar of CHRIST hath no traitors intemporall matters and that the opinion of those who thinke that mariages may be made void by Apostolique authority is not well grounded except it bee by course of law or generall canons but not for particular persons and that for this neither reason can be brought nor example found Some denied that one might ground himselfe vpon such actions of popes which shew rather how farre the abuse of their power can stretch then how farre the lawfull vse thereof is extended And there was no lesse difficulty because the Decree did comprehend fathers mothers and other domesticall Superiours who might compell their children especially daughters to marry and it was considered that to come to excommunication in cases of this kind was very hard Yet those who before had defended that children were bound to obey their Fathers in this particular did maintaine it A temper was proposed that hauing first commanded politique Superiours vpon paine of excommunication domesticall Superiours should bee admonished not to compell their children against their will But the same men still opposed and said it was not iust to take from fathers that power which God hath giuen them And in the end it was resolued to take this part quite away But the bishop of Barcellona and some few besides were not of the same opinion as to say that as the authority of fathers and other domesticall Superiours ouer mariages was manifest or at the least not to bee doubted and therefore not to bee spoken of so the same consideration ought to bee had of the authoritie of Politique Superiours The Congregations assembled to discusse this point beeing ended the last whereof was the last of Iulie they beganne to speake priuately of secret mariage And both parties continuing in their owne opinions some said that the difficulty doth presuppose a doctrine of faith and therefore cannot bee determined beeing contradicted by a notable number This troubled them much who desired they should bee made voide and thought that they were wholly barred from all possibility to obtaine it At this time a difficulty arose though priuate yet very contentious A difficulty about censuring the Archbishop of Toledo For the Deputies concerning the Index hauing giuen the worke of Bartholomeus Caranza Arch-bishop of Toledo to some Diuines to bee perused and they hauing related that nothing worthy of censure was found in it the Congregation did approoue it and made publique faith thereof at the petition of his Agent But because the booke and the authour were vnder the censure of the Inquisition of Spaine the Secretary Castellunne complained to the Count of Luna and the Count to the Fathers of that Congregation desiring a retractation The father 's not inclining to reuoke the Decree because they thought it iust the bishop of Lerida either mooued by the Count or for some other cause beganne to speake against it and to taxe it alleadging places of the booke which by a bad interpretation did seeme to deserue censure and which was more touched the iudgement and conscience of those Bishops The Arch bishop of Prague the chiefe of that Congregation in defence of himselfe and his colleagues complained to the Legates desiring they would shew themselues in the businesse and protesting not to assist in any publique act vntill the Congregation had due satisfaction The Cardinall Morone interposed and made peace with these conditions that no other copie of the faith made should bee giuen and that Lerida should giue satisfaction of words to the Congregation and to Prague in particular and that all should bee forgotten on both sides And the Count of Luna with vnresistable entreaties got the testimonie out of the hands of the Agent of Toledo and so this stirre was appeased The Legates gaue the Articles of reformation to the Ambassadours in number thirty eight that they might commend to their consideration what pleased them before they were giuen to the Fathers to bee discussed which 38. Articles of Reformation Articles were diuided and one halfe allotted for the next Session and the other for the Session following for the reasons which shall bee related hereafter The Count of Luna perswaded the other Ambassadours to demaund that deputies might be elected for euery Nation to consider what was fit to be reformed because the modell
Councell it was not iust to condemne them in absence hauing not been called to this Councell Therefore that the Fathers would bee pleased so to accommodate the Canons concerning this matter that they may not doe them any preiudice The Legates hauing receiued this demaund did cause it to bee proposed without making any particular examination of it which caused a whispering amongst the Fathers And in the next Congregation some of them touched that string repeating the same that it was not iust to condemne the Grecians not heard nor cited The Archbishop of Prague opposed and said that by the generall citation of all Christians they also were vnderstood to be cited by the Pope To which the Cardinall of Varmia added that his Holinesse had sent particularly to inuite the Duke of Muscouia and howsoeuer he knew not wel that hee had inuited other of the Greeke Church in speciall yet it ought to bee presupposed that the whole nation was called euen by speciall inuitation besides the generall intimation was sufficient as the Archbishop had said Whereupon the Legates gaue order to the Secretarie to take that particular out of the petition of those Ambassadours that is that the Grecians haue not beene called But as well in regard of their proposition as of the opinion of Saint Ambrose they would not vse the word Anathema but found a temper that is not to condemne those that say that Matrimony may bee dissolued for adulterie and another contracted as Saint Ambrose and some Greeke Fathers did say and as the Easterne Church doeth practise but to anathematize those who say the Church may erre teaching that the Matrimoniall bond is not broken by adultery and that it is not lawfull to contract another as the Lutherans doe maintaine This forme was generally approued many did praise it and say that the Councel was assembled only to condemne the opinions of the Protestants and not those of other Nations Yet some doubted how one could bee condemned for saying the Church did erre in teaching an article the contrary whereof was not condemned But seeing that it was fauoured by so many they contented themselues And because the proposition about the mariage of children did bring in a generall question whether the Church could make mariages void all beganne to speake of it howsoeuer it had beene spoken of before the voices collected and the Decree composed accordingly as hath been said Cardinall Madruccio maintained the negatiue and alleadged many reasons and arguments saying that he would oppose in Session also And Varmiense and Simoneta spake as much But Laynez Generall of the Iesuites hauing dispersed a writing against the irritation made a greater confusion and gaue occasion to many to be more constant and courageous in the other opinion And in the Congregations they beganne to answere one anothers reasons with such prolixity that the Legats were almost of opinion to omit that matter for feare it would hinder the Session and the rather because the Bishop of Sulmona did first make a question in publique Congregation whether that matter of irritation did belong to doctrine or reformation The Bishop of Segouia who spake after him made a long discourse to shew that it could not be reduced to doctrine and therefore the maior part hauing approoued the irritation the Decree was as good as established The Bishop of Modena followed the same opinion adding that to handle that matter by way of doctrine would take away all meanes of making any reformation whatsoeuer For in all Articles the same difficultie might be moued whether the Church hath authoritie in that particular which is handled which would bee as much as to put Armes into the hands of heretikes and to take all authoritie from the Church because it would not bee fit to meddle with that to which it might be doubted whether their authoritie did extend He complianed that that question was moued by him who ought to hold it as cleare and decided This opinion pleased many who sayd that it neuer ought to bee disputed whether the Church can doe any thing or not but to take it for granted that as all power in heauen and earth is giuen to CHRIST so the Bishop of Rome his Vicar hath as much which being communicated by him to the generall Councel it must be defended that it wanteth no power to doe whatsoeuer is profitable without disputing whether it concerne doctrine or not It pleased those also who desired the dispatch of the Councel perceiuing that the difficultie promoted might hinder the ending thereof and cause a scandall And the Legates and principall Italians vsed perswasions that it might not bee spoken of in regard there was no cause to treat of it with the French men or the Spaniards who did all agree in opinion that secret mariages ought to bee made voide And many assemblies of Prelates were made both amongst themselues and with the Legates to this end and it was resolued that the decree should not onely not bee placed with the doctrine that it might not seeme to be a part of it but also that it should not bee so much as in a Chapter apart lest it might bee doubted whether it was held to be such or not but that it should bee inferted amongst the articles of Reformation And to remooue all difficultie the more it was resolued also so to compose the decree that they might not seeme to handle that matter purposely but to mingle it with the first article of the abuses which was a prouision to restore the Banes ordained by Innocentius the third which had been intermitted and in decreeing as well this as all the other conditions appropriated for the publike forme of Matrimonie it should bee added in two wordes onely as it were incidently that all contracts made otherwise were void and so passe it ouer and say no more And the Decree was composed according to this sence and reformed often alwayes very intricately and the later had euer more difficulty then the former And amongst other alterations this point established before as hath been said was changed that the presence of three witnesses was sufficient for absolute validity and in stead of one witnesse it was substituted that euery Matrimonie should be void contracted without the presence of the Priest a thing which did much exalt the Clergie seeing that so principall an action in Politicall and Economicall administration which vntill then had beene onely in the hands of those to whom it belonged came to be in the power of the Ecclesiasticall order there remayning no meanes to contract Matrimonie if two Priests that is the Parish Priest and the Bishop interested for some respects shall refuse to afford their presence I haue not found in the memorials who was Author of this great aduantage as many other particulars of importance are hid from mee also whereof I would willingly make mention I ought not to defraud Francis Beaupere Bishop of Metz of his due honour who thinking it
ought to bee obserued vpon paine of Anathema 1. That Ecclesiasticall persons may not bee iudged in a secular Court howsoeuer there may bee doubt of the title of the Clerkeship or themselues consent or haue renounced the things obtained or for any cause whatsoeuer though vnder pretence of publike vtilitie or seruice of the King nor shall be proceeded against there in cause of murder if it bee not truly and properly a murder and notoriously knowne nor in other cases permitted by the law without the declaration of the law going before 2. That in causes spirituall of matrimonie heresie patronage beneficiall ciuill criminall and mixt belonging in what manner soeuer to the Ecclesiasticall Court as well ouer persons as ouer goodes tithes fourths and other portions appertaining to the Church or ouer beneficiall Patrimonies Ecclesiasticall Fees temporall iurisdiction of Churches the temporall Iudges shall not meddle neither in the Petitorie nor in the Possessorie taking away all appeale vpon pretence of iustice denied or as from an abuse or because the things obtained are renounced and those who shall haue recourse to the Secular magistrate in the causes aforesaid shall bee excommunicated and depriued of their rights belonging vnto them in these things And this shall be obserued also in causes depending in what instance soeuer 3. That the Seculars shall not appoint Iudges in causes Ecclesiasticall though they haue Apostolike authoritie or a custome time out of mind and the Clerkes who shall receiue such offices from the Lakes though by vertue of any priuiledge whatsoeuer shall bee suspended from their orders depriued of their Benefices and offices and made vncapeable of them 4. That the Secular shall not command the Ecclesiasticall Iudge not to excommunicate without licence or to reuoke or suspend the Excommunication denounced nor forbid him to examine cite and condemne or to haue Sergeants or Ministers for execution 5. That neither the Emperour Kings nor any Prince whatsoeuer shall make Edicts or Constitutions in what manner soeuer concerning Ecclesiasticall causes or persons nor meddle with their persons causes iurisdictions or tribunals no not in the Inquisition but shall bee bound to affoord the seculat Arme to Ecclesiasticall Iudges 6. That the temporall iurisdiction of the Ecclesiastikes though with meere and mixt power shall not bee disturbed nor their subiects drawne to the Secular tribunals in causes temporall 7. That no prince or magistrate shall promise by Briefe or other writing or giue hope to any to haue a Benefice within their dominions nor procure it from the Prelates or Chapters of Regulars and hee that shall obtaine it by that meanes shall bee depriued and yncapeable 8. That they shall not meddle with the fruites of Benefices Vacant vnder pretence of custodie or patronage or protection or of withstanding discords nor shall place there either Bayliefes or Vicars and the Seculars who shall accept such offices and custodies shall bee excommunicated and the Clerkes suspended from their Orders and depriued of their Benefices 9. That the Ecclesiastikes shall not bee forced to pay taxes gabels eithes passages subsidies though in the name of gift or loane either in respect of the Church goods and of their Patrimonial except in Prouinces where by ancient custome the Ecclesiastikes themselues doe assist in publike Parliaments to impose Subsidies both vpon the Laitie and the Clergie to make warre against the infidels or for other vrgent necessities 10. That they shall not meddle with Ecclesiasticall goods mooueable or immooueable vassallages tenths or other rights nor in the goods of communities or priuate men ouer which the Church hath any right nor shall rent out the depasturing or herbage which groweth in the lands and possessions of the Church 11 That the letters sentences and citations of Iudges Ecclesiasticall especially of the Court of Rome so soone as they bee exhibited shall bee intimated without exception published and executed neither shall it bee necessarie to require consent or licence which is called Exequatur or Placet or by any other name either for this or for taking possession of Benefices though vpon pretence of withstanding falshoods and violences except in fortresses and those Benefices in which Princes are acknowledged by reason of the temporalitie and in case there shall bee doubt of falsitie or of some great scandall or tumult the Bishop as the Popes delegate shall constitute what hee thinketh needefull 12. That Princes and Magistrates shall not lodge their officers seruants souldiers horses or dogs in the houses or Monasteries of the Ecclesiastikes nor take any thing from them for their foode or passage 13. And if any Kingdome Prouince or place shall pretend not to be bound to any of the things aforesaid by vertue of priuiledges from the Apostolike Sea which are in actuall vse the priuiledges shall bee exhibited to the Pope within a yeere after the end of the Councell which shall bee confirmed by him according to the merites of the Kingdomes or Prouinces and in case they be not exhibited before the end of the yeere they shall be vnderstood to bee of no force And for the Epilogue there was an ad 〈…〉 tion to all Prindes to haue in veneration the things which concerne the Clergie as peculiar to God and not to suffer them to bee offended by others renewing all the constitutions of Popes and holy Canons in fauour of Ecclesiasticall immunitie commanding vnder paine of Anathema that neither directly nor indirectly vnder any preâ—ence whatsoeuer any thing bee constituted or executed against the persons or goods of the Clergie or against their libertie any priuiledges or exemptions though immemoriall notwithstanding And this is it which was first imparted to the Ambassadours and by each of them sent to their Princes whereupon the French King gaue the order to his Ambassadors before mentioned And the Emperor hauing seene them wrot to the Cardinall Morone that hee could not possibly assent either as Emperor Are distastfull to the Emperour or as Arch-Duke that they should speake in Councell of reforming the iurisdiction of Princes nor to take from them authority to receiue assistance and contributions from the Clergie putting him in minde that all the former euils did arise from the oppressions attempted by the Ecclesiastikes against people and Princes That they should beware not to prouoke them more and cause greater inconueniences to arise After Loraine was departed the French Ambassadours put their protestation in order to make vse of it if need were In the Congregation of the two and twentieth of September one of the Fathers made a long speach to shew that the cause of all deformation proceeded from Princes that they had more neede of reformation that the Articles were already in order and was now time to propose them that they might not vanish to nothing by delaies After hee had spoken the Ambassadour de Ferrieres made a long querulous The speach of de Ferrieres Oration or as the Frenchmen say a complaint The contents whereof in the
vncapable of all dignity and the Raptor whether hee many the woman or not shall bee bound to giue her a dowry at the pleasure of the Iudge 7. It doth ordaine that vagabonds shall not marry without a diligent inquisition first made and licence of the Ordinary exhorting the secular Magistrates to punish them seuerely 8. It doth ordaine against Concubinaries that being admonished thrice by the Ordinary in case they seperate not themselues they shall be excommunicated and perseuering one yeere after the censure the Ordinarie shall proceed seuerely against them and the Concubines after three admonitions shall be punished and if the Bishop shall thinke fit chased also out of the Territorie by assistance of the secular power 9. It commandeth euery temporall Lord and Magistrate vpon paine of excommunication not to compell their subiects or any others to marry directly or indirectly 10. It doth restraine the ancient prohibitions of nuptiall solemnities from Aduent to the Epiphany and from Ash wednesday to the Octaues of Easter The Decrees of reformation not as they were read in Session but as they were corrected the next day in Congregation which was appoynted The Decrees of Reformation to be don did containe 1. That publike prayers shall be made though the Church be vacant that whosoeuer haue right in the promotion shall be admonished that it is a mortall sinne if they shall not vse all diligence to promote the most worthy and profitable for the Church borne of lawfull matrimony worthy in regard of their life age doctrine and of other qualities required by the holy Canons Decrees of this Councel That in euery prouinciall Synod a forme of examination shall be prescribed by approbation of the Pope fit for euery place the examinatiō made according to that prescript shall be sent to the Pope to be discussed by the Cardinals proposed in Consistorie and all other things required by the Synod for age life doctrine other qualities in the promotion of BB. shal be required in the creation of Cardinals though but Deacons which the Pope if he can conueniently shall take out of all Nations and those that are fit And it was added that the Synod being grieued to see such great incommodities of the Church cannot choose but call to mind how necessary it is that the Pope in regard of his duty should endeauour to assume Cardinals of excellent worth and to prouide the Church of fit Pastours because if the flocke should perish by their negligence CHRIST will demand an acount of his Holinesse 2. That the prouinciall Councel shall be called by the Metropolitane or the most ancient Suffragane within one yeere at the most after the end of this Synode and afterwards euery two yeeres at the least That Bishops shall not bee forced heereafter to goe to the Metropolitane Church That those who haue not an Arch-bishop shall elect one in the prouinciall Synod in which hee ought to assist and receiue the constitutions thereof their exemptions and priuiledges otherwise remaining firme And the Diocesan Synods shall bee celebrated euery yeere in which the exempted except those who are subiect to general Chapters shall assist Which generall Chapters hauing secular Churches annexed in regard of them shall assist also 3. Bishops shall bee bound to visite the Diocesse euery yeere either in person or by visitors and all of it if they can or if it be large in two yeeres at the least Metropolitans shall not visite the Diocesse of the Suffragans but for a cause approoued in the prouinciall Councel The Arch deacons and other inferiours shall visite in person and shall take a Notary by consent of the Bishop The Visitor shall goe with a modest traine of men and horses dispatching the visitation as soone as may bee and shall not receiue any thing but frugall and moderate diet which may be giuen either in kind or money yet so as that if there bee a custome in any place not to receiue so much as these it shall be obserued also That Patrons shall not meddle with that which concerneth the administration of Sacraments or the visitation of the ornaments of the Church immoueable goods or rents of houses except it do belong vnto them by right of the foundation 4. That Bishops shall be bound to preach in person or hauing a lawful impediment by others And in case the Parish Priest be hindred that hee cannot preach in his owne Church hee shall at his charge maintaine another to doe it deputed by the Bishops And he shall preach euery Sunday and solemne feast and in Aduent and Lent euery day or thrice a weeke at the least That the Bishop shall admonish euery one to go to his owne Parish to heare the sermon That none shall preach against the Bishops will whose cure shall be that Christian doctrine be taught in euery Parish 5. That criminall causes against Bishops that be of great weight shall bee iudged by the Pope and if there shall be occasion to commit them to any out of the Court they shall be committed onely to the Metropolitan or to Bishops elected by the Pope and to take information onely reseruing the definitiue to the Pope but small matters shall bee iudged in the Prouinciall Councell or by Iudges deputed by them 6. That the Bishops shall dispense in the Court of Conscience with all their subiects in all their irregularities and suspensions for secret offences except voluntary murther and absolue from all cases reserued to the Apostolike Sea either by himselfe or his Vicar as also from the excesse of heresie by himselfe but not by a Vicar 7. That the Bishop shall haue care that the force and vse of the Sacraments shall be expounded to the people in the vulgar tongue before they bee administred according to the forme of a Catecechisme which the Synod will compose which the Bishop shall cause to be faithfully translated into the vulgar and to be expounded to the people by the Parish Priests 8. That to publike offenders publike Penance shall be giuen but the Bishop shall haue power to change it into a secret In euery Cathedrall Church a Penitentiarie Master Doctor or Licentiate in Theologie or Canon of the age of fourtie yeeres shall bee appointed by the Bishop 9. That the Decrees of the Councell vnder Paul the third and Pius the fourth concerning visitation of benefices exempted shall be obserued in the Churches which are not of any Diocesse which shall bee visited by the next Bishop as Delegate of the Apostolike Sea 10. That where visitation or correction of maners is in question no exemption or appeale though to the Apostolike Sea shall hinder or suspend the execution of that which is decreed or adiudged 11. That for titles of honour which are giuen to Protonotaries Count Palatines Kings Chaplaines or seruants in war Monasteries Hospitals those persons shall not be exempt from the authoritie of Bishops except they shall reside in the houses or vnder their obedience and
owne The Emperours of the East were not depriued by this diuision neither of Sicilie nor of that part of Italie which coasting from Naples to Manfredonia is bounded by the Sea because they were alwayes vnder those Emperours By this alteration the custome that the Popes election should be confirmed by the Emperours was not changed at all neither did Rome cease to bee gouerned by them nay the Popes did date all their Buls Priuiledges and Grants with these formall words In the reigne of such an Emperour our Lord and Master In this easie subiection or dependencie the Popes continued vntill their owne prosperitie gaue them courage to gouerne themselues But the Emperours power beeing weakened by the discords of Charles the Great his posteritie and the Empire beeing transferred vpon the German Princes which were not so potent as those who were before by reason of the greatnesse of the Kingdome of France and of the successors of Charles Rome began to bee gouerned by her owne Magistrates though but in a tumultuous maner and the Popes withdrawing themselues from the Emperours obedience as much as they could decreed that their election should no more bee confirmed by them This decree was diuersly obserued according as the Emperours power did rise or fall This power being become great in the Otho 's of Saxonie Otho the third made meanes to choose Gregorie the fift his owne countriman for Pope who for the loue hee bare to his owne nation and for the persecutions which were raysed by the Romans gaue the Germans by his Decree power to choose the Roman Emperors in that forme as is now vsed And to giue some preheminence to the Pope hee forbad them to vse the title of Emperour or of Augustus but onely of King of the Romans or of Caesar vntill they had receiued the crowne of the Empire Hence grew the custom of comming to Rome to be crowned After the Otho 's the imperiall power being not hereditarie to great Kings was much diminished Hereupon both Rome and many Cities besides when Conrade of Sueuia was Emperour did openly rebell The Popes taking aduantage to aduance their power made themselues Lords of the Romans though many times they were much troubled by them But the better to represse them they obtayned of Henry the second Emperour when he was at Rome that the Cardinals onely should choose the Pope This their greatnesse was increased by a new accident For the Normans the first of which was William surnamed Ironarme hauing taken Puglia and Calabria from the Empire of Constantinople Robert Guicciard one of them eyther to fortifie himself by this colour or to make himselfe the stronger against these Emperours or for some other reason first restored Beneuent to the Church and then acknowledged that the Dukedome of Puglia and Calabria were held in vassallage of it In conformitie of this example Roger one of his successors hauing chased William a man of the same familie out of this Dukedome and then possessed himselfe of Sicilie hee acknowledged in the yeare 1130 that hee held these Prouinces in vassallage of the Church vnder the title of King of both the Sicilies the one beyond the other on this side Faros The Popes refused not to cherish the vsurpation and violence of others in regard it serued to aduance their owne ambition and profit For they proceeded further as the desires of men are neuer satisfied and depriued one of the Kings of these kingdomes for disobeying their commands and gaue them to another By this meanes they came to Henry the sonne of Frederick Barbarossa from him to his sonne Frederick the 2. all which three were Emperours of Rome successiuely But Frederick being a bitter persecuter of the Church and the factions of Guelfs and Ghibelius being on foote of the one of which the Pope of the other the Emperor was head the Pope after the death of Frederick granted these kingdomes to Charles Earle of Aniou and Prouence of whom we spake before vpon condition he should pay 6000. ounces of gould yearly for tribute and that neither hee nor any of his successors should accept of the Roman Empire This condition hath beene specified euer since in the inuestiture of the kingdome of Naples The kingdome of Sicilie being usurped by the Kings of Aragon withdrew it selfe within few yeares from the obedience of the Church both for the tribute and for the vassallage There hath beene a fame though not so certaine as those things which haue beene spoken of that the Countesse Maude a potent Princesse in Italie gaue long before to the Church that part of Tuscanie which is bounded by the torrent Pescia the castle called Saint Quirico in the countie of Siena the Sea called Mare inferum and the riuer Tiber now knowen by the name of the Patrimonie of Saint Peter Some adde that shee gaue to the Church likewise the Citie of Ferrara These things are not certaine and it is more vncertaine which notwithstanding is related that Authpertus King of the Lombards then flourishing gaue the Pope the Alpes called Cocciae in which they say that Genua and all the tract from thence to Prouence is contained as also that Suithprandus King of the same Nation gaue him Sabina a Countrey neere to Rome Naruia Ancona and certaine other Lands As these things did varie so the affaires of the Popes and Emperours did vary also At the first for many ages together the Popes were persecuted by the Emperours afterwards they were at quiet Constantine beeing conuerted to the faith but so as that they medled with Spirituall matters onely and were little lesse then wholly subiect to the Emperours After that they liued a long time in very meane estate and had no commerce at all with them by reason of the great power of the Lombards in Italie But after they had gotten temporall authority by the assistance of the Kings of France they adhered very much and very willingly to the Emperours so long as the Empire continued in the posteritie of Charles the Great in regard of benefites giuen and taken as also in regard of the greatnesse of the Emperours But when the Imperiall greatnesse declined they withdrew themselues from the Emperours and professed that the Bishops of Rome ought to giue lawes to them rather then to receiue any from them Now because they hated to come vnder the old yoke and feared that some of the Emperours according to the example of their most potent and brauest predecessors would attempt to recouer the rights of the Empire in Rome they openly opposed them by warre assisted by some Tyrants who called themselues Princes and by some Cities who had set themselues at libertie and did no more acknowledge the authority of the Empire Hence it came to passe that the Popes assuming euery day more and more they conuerted their Spirituall weapons to maintaine their temporall affaires For making this interpretation that as Vicars of CHRIST on earth they were aboue the Emperors and that in