better provided for and that such governours might bee set over them as are most commendable for their life and excellent for their learning It might bee thought that this were the reason indeed if the thing it self proclaiming the contrary did not make it apparent that since this custome was used there have beene none but dunses worldlings money men and such as were raised to those dignities by Simony And againe But to the end that the rivers of gold derived from all parts may flow unto them in a fuller streame they have taken away the power of presentations and the liberty of bestowing and disposing of benefices by any meanes whatsoever from all Diocesans and lawfull patrons Forbidding them upon paine of Anathema rashly to presume for so their writs run to institute any person into any benefice within their jurisdiction till such time as some one be presented to it to whom by their authority they have granted it 6 M. Iohn Gerson in his book De defectu virorum Ecclesiasticorum where he treats of the Reformation of the Church and which he presented at the Councell of Constance saith Marke what that meanes that now adayes Bishops Prelates and Parish Priests are mostly elected by the Pope as much as to say take an order with that abuse The Pragmatique Sanction hath another relation much of the same straine The Prelats and other ordinary dispensers as also the Patrons are deprived of their right the Hierarchy of the Church is confounded and many other things are committed contrary to the lawes of God and man to the losse of soules and the oppression of the Churches of our Realme The Councell of Basil did provide a remedy against this abuse and the Pragmatique after it but so as the Popes have cast off the yoke of it having disanulled almost all the Decrees of that Councell 7 The States assembled in the City of Toures 1483 in a bill which they presented to King Lewes the eleventh amongst other things say That if the King doe not undertake to defend them considering the quality of their persons the power and authority of the Holy See Apostolique they shall not be able to resist the usurpations and impeachments which any subject of the Realme and others ambitious of preferment will make against the electors which have the right of election or ordinary donation by censures Apostolique And by this meanes all this Kingdome which is already at a low ebbe and very poore shall bee stripped and dispoyled of that little money which remaines of the former exactions 8 A German Monke complaines likewise that under Leo the tenth the elections made by Bishops were quite rejected and the right thereof devolved to them of Rome A certaine Cardinall complaines That the Pope usurps all the rights of inferiour Churches that he ingrosseth to himselfe all power and jurisdiction making nothing as it were of other Bishops which he doth not according to Saint Peters paterne Marsilius saith That the Popes arâ—ogate unto themselves a coactive power and jurisdiction over the ministers of all Churches of the world and that they have expressed by their decretall epistles that the dispensing and disposing of the temporall meanes of all Clergy-men belongeth unto them to doe with them as they list without ever asking the consent of any Colledge or particular person of what dignity or authority soever The Parliament of Paris in their Remonstrance made to Lewes the eleventh say That in the time of Mounsieur S. Lewes these are the very words those of Rome begunnâ— to goe about to hinder elections and let loose the raines to the former inconveniences but that he by good advice and Counsell made an edict and decree to the contrary That is the Pragmatique which we have at this day entire wherein we read amongst other Articles Imprimis that the Bishops Patrons and ordinary doners of the Churches of our Realme keepe their right entire and that every mans jurisdiction be preserved Item that Cathedrall Churches and others of our Realme have their elections and that they be the sole Iudges of the validity of them In another Article of the same remonstrance it is said Item And consequently King Lewes Hutin confirmed the same edict of S. Lewes in the yeere 1315 and that of King Philip the Faire who had formerly made a like Decree And afterwards King Iohn the year 1551 confirmed the said ordinance of his said Grand-Father Philip. All these ordinances tend to the repulsing of the usurpations of Rome from which our ancestours had so much adoe to preserve themselves 9 The States of Germany complained also in the processe of their former grievances that the Pope not content to usurpe the right of another in case of elections and investitures committed also another intolerable fault in conferring benefices and Ecclesiasticall dignities upon ignorant people and strangers respecting in his elections only his own gaines not their persons which were indifferent to him We have told you already what Clâ—mangius said of dunces we will yet adde this out of him You have seene many which at their comming from their studies and Schooles nay which is worse from the plough have betaken themselves to the care of the Church and government of Parishes and other benefices after they had practised servile arts which understood as little Latine as Arabick yea which could not read and which I am ashamed to speake could not distinguish a B from a Bull-foot He saith as much concerning their manners declaring how those who were preferd by the Popes were wholly addicted to vices and dissolutenesse of life 10 Marsilius of Padua said as much or more before him In stead of sufficient and approved men out of the plenitude of their power they ordaine such as are ignorant of divinity meere idiots and without scholarship and oft-times debauched persons and notorious offenders Charles the sixth in his ordinance of the 18 of February 1406 And when there is any question of preferring men to elective dignities they never used those wayes which ought to be observed and which are appointed to examine and try them whence it comes to passe that it being not possible that the Pope should know all men and the state of the Churches he admits divers into those dignities who are unworthy of them and sometimes such as are unknowne to him but by their money Charles the 7 in his Pragmatique Sanction saith That unworthy persons unknowne and unexamined are preferred by the Popes to the greatest dignities and fattest benefices of this Kingdome The States of Tours in their complaint say So illiterate people and not Ecclesiasticall should be preferred to livings as we have formerly seene Amongst the ten grievances which Germany presented to the Emperour Maximilian to be redressed this was one That at Rome the government of Churches is committed to those who are the least worthy of them and who would bee more fit to governe
all things as supreme judge to alter the Decrees of his predecessours to abrogate such as are disadvantagious unto him who shall contradict him No King dare intermeddle how great soever he bee and if he do he will but loose his labour We will returne to the dayes of old when excommunications from Rome were so terrible when all things shrunke at the flash of those thunders The Fredericks the Henries the Ludovici Bavari have felt the force of it they have beene abandoned of their subjects their vassals their kindred their allies their owne children they have been troden under foot deposed from their Empyres defamed as heretiques chased like raskals Goodly mirrours to represent to the life to all Princes of Christendome if they were not blinde the miseries that hang over them and their successours 58 Not without good reason did that great devine Marsilius after he had seene all the tragedies in his age acted make a loud out-cry which deserves now more than ever to pierce the ears of Princes I cry aloud saith hee like a trumpet of truth and tell you it is the greatest prejudice that ever was done to Kings and Princes to all people assemblies and languages which the Bishops of Rome with their associats the Clerks and Cardinals have done By this their Decree which is utterly false in all the grounds of it he speaks of the Clementine Pastoralis after he hath urged the words of it they goe about to bring you in subjection to them if you suffer this constitution to prevaile yea if you suffer it to have the power and force of a law For consider that it followes of necessity that hee which hath authority to repeal a former sentence of any Prince or Iudge whatsoever hath also jurisdiction and coactive power over him and further the power of erecting or putting downe his Princedome Now the Bishop of Rome doth challenge to himselfe this authority equally over all Princes and Principalities of the world inasmuch as by virtue of that Plenitude of Power which heâ— affirmes to be granted unto him by Christ in the person of S. Peter he hath repealed the sentence of Henry the 7. No man can tell how to give the force of a law to that Decretall which he speaks of better than by receiving the Councell of Trent which expressely confirmeth all the Constitutions of the Popes 59 But it were fitting we here added the examination which the same authour makes of Boniface his Decretall and the Clementine Meruit to shew that the King of France his priviledge cannot choose but be void and that other Princes being the Popes subjects hee must needs bee so as well as they Considering more throughly these kinde of Epistles and Decretals they may seeme to be meere fooleries for that of Boniface obligeth all Princes and people in the world to the beliefe of it that of Clement not all for only the King of Frâ—nce and his subjects are excepted out of it So then there will be some things which some men by authority of Scripture are bound to beleeve upon paine of damnation which other some are not bound to beleeve surely this is not one God one faith all are not bound to goe to Christ in the unity of faith and yet the Doctour of the Gentiles plainely affirmes the contrary in the 4 to the Ephesians Besides we may ask Pope Clement in what sacred sense the King of France and his subjects could merit by their faith not to be bound to beleeve those things which ought to bee beleeved upon paine of damnation either then they merited by their faith to bee Heretiques and Infidelsâ— or else the Epistle of Boniface containes a down-right lye and so things which are not true ofttimes overthrow themselves when no body thrusts them Besides there is matter of admiration for other Princes and people who may demand what place of Scripture or what exposition makes them subject to the jurisdiction of the Pope of Rome and exempts the King of France Or why some are more bound to beleeve upon paine of damnation than others For this being like a fiction hath been deservedly much derided and is yet as proceeding from the ambition of them that vent such things and the earnest desire of reigning over Secular Princes and the terrour of the most illustrious King of France 60 Wee will adde furthermore that this domineering power which the Popes have usurped over all Princes of Christendome hath driven them into some heinous injustices as to usurpe their Empires and Kingdomes to raise up war among them to rob them of their inheritanceâ— to muster up their own subjects against them to sow quarrels and contentions among them to cause innocent bloud to be shed to abuse excommunications and other spirituall weapons and in a word to exercise an intolerable tyâ—anny Whereof there are so many pregnant proofs and examples that no man can doubt of it if he be not a meere novice in history or unlesse he have not bin extant in the world in these latter times Neverthelesse I will quote some in the margent to justifie my assertion against detractours CHAP. XI Of the Popes honours WEE will now speak a word or two of those honours which they would have Emperours and Kings and other earthly Monarchs to do unto them whom they make their Lackeyes causing them to attend upon them in most shamefull manner For we are bound to beleeve by the supposititious donation of Constantine that the Emperour Constantine holding the bridle of Sylvesters horse underwent the office of a Lackey Some of the Popes domestiques affirme that Pepin one of our Kings did as much to Pope Stephen the 2. 2 And in the Popes Ceremoniall these Chapters are inserted That Kings and Emperours must hold his stirrop when he gets up or alights from his horse That they must lead his horse by the bridle That if he goe in a litter the Emperours and Princes must carry him upon their shoulders That when he sits down to table they must hold the bason while he washeth That they must carry up his first messe 3 Now these honours are not only set downe in their Books but have been actually proferd and beene admitted and received Frederickâ— the first is thought to have fared but ill because he had not well studied this point of civility and duty when Pope Adrian the fourth came into his army for running to the rising stirrop to help him in alighting in stead of going to the other hee is thought to have lost his crowne for it For the Pope was so offended at him and took it out so hainously in point of honour that being desired to proceed to his coronation hee made answere that S. Peter had beene dishonoured in asmuch as the Emperour in stead of holding the right stirrop had holden the left Fredericke being much amazed at that complaint excused himselfe saying That it was for want of knowledge not devotion and that
by the judgement of God by reason of the sinnes committed by the Emperours the consciences of Princes and people binding them to make resistance against them 5 The Clergy of Liege in their Apology against Paschal the 2 who had commanded Robert Earle of Flanders to make warre upon them and had excommunicated them because they would not abandon the Emperour Henry the 4 How comes this to passe say they that Pope Paschall not content with the spirituall sword alone sends his Champion Robert to spoile the lands and inheritances of the Church which if they must needs be destroyed ought to bee so by the Edict of Kings and Emperours who beare not the sword in vaine 6 S Bernard exclaimes mightily against the Popes dominion and gives good advice to Eugenius the 3 about this particular where he tells him amongst â—ther things You were made superiour to others for what I pray not to domineere I trow Wee therefore having a conceit good enough of our selves doe not yet remember that any commanding power was given unto us but that a ministery was laid upon us You must consider that to doe the worke of a Prophet you stand in steed of a weeding hooke not of a Scepter Hee saith in another place This is plaine that dominion is prohibited by the Apostles goe you then I pray you and if you dare usurpe either the Apostleship as rulers or the power of ruling as the Apostles The one of the two is forbidden you if you will needs doe both you loose both Doe not thinke that you are exempted out of the number of those against whom God makes this complaint They have reigned but not by me c. Hee hath more concerning this point but this shall content us 7 Venericus Wercellensis in his book of the unity of the Church saith That the sacerdotall judgement hath no more but the spirituall sword which is the word of God And speaking of Hildebrand that is of Gregory 7 But Hildebrand saith he and his Bishops have doubtlesse challenged to themselves the very top of regall Authority yea they have usurped the function of both jurisdictions insomuch that the Kingdome is fully in their power or where they are pleased to bestow it being growne more perverse by reason of this great prideâ— so that they can neither looke to the one nor the other neither the Priestdome nor the Kingdome considering that no one man is sufficient to discharge either of the two they being such weighty imployments But however hee is neither Christian nor Catholique that contradicts the Gospel and despiseth the doctrine of the Apostles which saith Give to Cesar the things that be Cesars and to God the things that are Gods He that serveth God meddleth not with the things of the world Feare God honour the King Be subject to every humane creature for Gods sake c. He urgeth many other reasons and places out of Scripture which to set downe might be troublesome 8 A German Abbat who writ about 1â—50 speaking of the excommunication of the Emperour Frederick the 2 whom Pope Honorius had also deposed from the Empire This sentence saith hee being noised abroad into the world some Princes and divers others tooke it ill saying that it concerned not the Pope to set up or pull downe the Emperour but only to crowne him after he is elected by the Princes 9 An English Historian makes an observation herereupon which may much import all Princes One thing saith he vexed all the Princes and Prelats weighing the future dangers by the foresight of their understanding that was that however Frederick had sufficiently deserved to be deposed and deprived of all honour yet if the Popes authority by Gods permission deposed him so as he could not relieve himselfe the Church of Rome abusing the grace of God would grow hereafter to such an intolerable height and pride that she would depose Catholique Princes though just and innocent yea and Prelats also upon sleight occasionsâ— or would cause them to be deposed and disgraced and speaking haughtily and boasting themselves however descended from low degree they would say Wee have trode under foot the great Emperour Frederick and who art thou that thinkest to withstand us 10 The Pope having excommunicated King Iohn of England and put his Kingdome in an interdict compelled him to become a vassale and tributary to the See of Rome Whereupon Philip Augustus King of France gave him to understand that it was an unjust thing and more than he could doe wherein he was seconded by the great Lords of France as we have said in the beginning of the first Booke 11 In the reigne of S. Lewis ann 1247 what time as it is probable hee was gone in the Holy warres the Nobles of France finding themselves vexed and troubled by Pope Innocent the 4 made a League and set forth a declaration against him where they say amongst other things That the Clergy pointing at the Pope swallow up and frustratâ— the jurisdiction of Secular Princes so as by their lawes the children of slaves passe judgement upon free men and their children Whereas by the Secular lawes of our Kings and Princes they ought rather to be judged by us 12 The yeere 1244 the Prince of Northwales being a vassaile of the King of England put himselfe and his Princedome into the protection of the same Innocent who received him by the mediation of a certaine summe of money promising him to shake off his royall yoke Thâ—se things saith an English Monke being come to the knowledge of the King the Lords of the Land and other Princes aliens they were much displeased at him and abhorring the covetousnesse of Rome they perswaded the King of England to put it to a battell to curbe the upstart insolence of such an ungratefull person The same Pope Innocent the 4 after the death of Câ—â—rade King of Sicily and Apulia seized almost all the Kingdome into his hand and entred upon it with an army Which the chiefe of the Countrey perceiving saith the same authour they were vexed at it and setting upon Memfred bastard son to the Emperour Frederick they adhered unto him and did him hâ—mâ—ge 13 Philip the Faire being excommunicated by Boniface who pretended to be Lord Regent of France was so borne out by his subjects that when hee demanded their adviceâ— how he should demeane himself and whether he should put up that wrong they made answere uâ—to him commending his good intention That they were ready not onely to spend their goods which they there wholly offerd unto him for that end but also to expose their persons even to death for him not refusing any torments Adding further and that more plainely by word of mouth That if the King which God forbid would suffer it or connive at it yet for their parts they would never endure it Which and such like words as may bee read in some other passages
liberties by virtue whereof the Pope cannot dispense for any cause whatsoever with that which is of the law of God or nature or with that wherein the holy Councels doe not allow him to dispense And to that which is set downe in this point by the Ordinances of our Kings which expresly forbid all the Iudges of the land to have any regard To dispensations granted contrary to the Sacred Decrees and Councels upon paine of losing their places and declare furthermore That such as procure the said proviso's and dispensations shall not make use of them unlesse they get leave and permission from his Majesty CHAP. IV. Of Vnions of benefices 1 THe Councel leaves the Vnions of the benefices of Popes disposall at least such as are perpetuall for having made some rules concerning them it addes this clause Vnlesse it be otherwise declared by the See Apostolique The like may bee said of personall Vnions whereof the Pope may dispose at his pleasure by virtue of that clause Saving the Popes authoritie in what concernes manners and Ecclesiasticall discipline So then hee may make them at his will and pleasure and no abuse which he can use therein be subject to censure For from what hand can it come In the meane time see here a notable prejudice to all Christendome and which continually tends to the augmentation of this Papall power in attributing unto him the power of other Bishops to the end that all may depend upon him 2 In the Canon law it is said that Bishops may unite Churches Seeing then it belongs to their ordinary jurisâ—iction it is a wrong to them to take this power and facultie from them to bestow it upon the Pope To whom it is true so much honour hath beene yeelded in France as to receive his Bulles whereby they proceed to the union of benefices provided they be not personall and for the other that they be granted after full cognizance of the cause and upon very just and lawfull reasons And which is more it is not sufficient that those causes bee knowne to the Pope alone that they bee declared in his Bulls but hee is bound to send out his writs of delegation In partibus for the effecting of the said unions with cognizance of the cause and consent of the Patron and such as are any way interested in them Which is as much as to give the power and authoritie to the Bishops reserving the honour to the Poep as appeares by the Collection of the liberties of the Gallicane Church See here the very words of it The Pope cannot make any unions or annexions of the livings of this Kingdome during the life of the Incumbents nor at other times but he may grant out writs of delegation concerning unions which is conceived to bee done according to the forme prescribed in the Councell of Constance and not otherwise and this with the consent of the Patron and such as have any interest in them 3 In the fortie third Session of the Councel of Constance it is said that those unions shall be void which are not made ex veris rationalibus causis upon true and reasonable causes This is the forme which the former Article speaks of If they be made otherwise an appeale is put up to the Parliaments of this Kingdome to stop the execution who have ofttimes cassed and disanull'd such like Bulls upon such occasions and that without any regard of the lapse of time or any other prescription as appears by the testimony of our common Lawyers of France and by the Arrests which have beene granted out So by an Arrest of Paris of the 17 of February 1547 the union made by the Bulls of Pope Clement the sixt with the counsell of his Cardinals and a Commandery of St. Lazarus and another Commanderie of St. Iohn of Ierusalem was cassed and declared to bee void upon the Appeal as from abuse exhibited by the maister of the Order of St. Lazarus a hundred years after and that because it had beene made without any just cause 4 The union of the benefice of St. Saviour with the Church of St. German Lauxerrois in Paris made in the yeare 1456 by virtue of the Bulls of Pope Calixt the third was likewise disanulled by an Arrest of the Parliament of Paris of the first of Aprill 1560 and so above an hundred years after Although by the said Bulls there was a commission In partibus directed to a certaine Counsellour Clerk of that court of Parliament And this because it appeared to the Court that that union had not beene grounded upon any sufficiciently just and necessary cause 5 Another union of divers livings with the Church of Tulles in Limosin made by virtue of the Bull of Pope Leo the tenth in the yeare 1513 was declared to be abusive by an Arrest of the Court of Parliament of Paris And another besides of divers benefices with the Priorie of Limoges by an Arrâ—st of the grand Councell of the 13 of March 1559. Pope Innocent the eight had united the parish Church of Blonu with the Chapter of the Cathedrall Church of Limoges by his Bulls of the 19 of March 1488 upon very colourable and apparent grounds as appears by the Bull which a learned person of our times hath inserted in his works entire But notwithstanding all his faire narration it was anulled fourescore years after by an Arrest of Paris of the last of Aprill 1575 upon the Appeale as from abuse which was exhibited against the execution of it for defect of a Commission upon the place 6 Another Bull had beene granted by Pope Alexander the sixt in the year 1500 for the union of the Parish Church of Doway with the Chapter of the Cathedrall Church of the same place which is quoted by the same authour But the Parliament of Paris upon the Appeale as from abuse exhibited by the Curat of Doway to stop the execution of it disanulled the union by an Arrest of the 1 of May 1575 because there wanted a writ for a Commiâ—sion In partibus Divers other unions besides have beene declared to bee abusive because they were made without the consent of the Lay Patrons and the Bulls have beene annulled as well by the Parliaments as by the Grand Councell 7 Now the Councell of Trent hath derogated from all these Arrests and others of the like kind first whereas abusive unions may be disanulled without any regard to prescription or tract of time by this Councell prescription of fourtie years is approved unlesse it bee in case the Bulls were obreptitious or subreptitious that is unlesse the Pope had false information whereas by the foresaid Arrests no prescription is considerable As for the other which have beene made within fortie years it is said indeed that they ought not to be valid unlesse they were made upon just cause and those whom it concerned were called before the Ordinarie of the place but it
put weapons in the Princes hands to destroy his subjects hee suggests reasons unto him whereby hee may repell all such as would make him alter his designe This being well and piously considered the Prince will finde in his heart sufficient reason to assure him of the holynesse of the enterprize without resting upon the remonstrances of those seditious rebels grounded it may be upon some Edicts which by the policie and subtiltie of bad counsellours they have obtained of his Majestie to let them live at libertie But hee must answer them with a deliberate and resolved gravitie that if a man by reason of the hardnesse of the times have committed one fault against his will there is no reason he should commit two But that they which are the cause that makes him take armes should dearly buy the follie of their rashnesse And a little below But if they grow franticke and obstinate in their wickednesse they must resolve to endure from him such violence and roughnesse as shall bee seene upon them and their posteritie for ever they must blame themselves as guiltie of the persecution which he hath raised But if he doe not cleanse his realme from such an infection and stench let him not thinke ever to see the face of his soveraigne Lord God Hee hath sufficient authority to correct a sacrilegious Ordinance and pernicious to all the world by a good and just law Wee could yet bring more of this kinde but here is enough 16 It will be answered It is but one or two of the Iesuites that have said thus that the whole Order should not bee blamed for it that there are some among them that preach peace But observe here a very pat replie That none of them intermedles any thing with such matters but by command from their Genâ—rall which prescribes each of them his function and the Generall commands nothing but what is enjoyned him by the Pope whose oracles hee receives at Rome without budging a foot from him It is one of the rules of their institution For lest any might use zeale but not according to knowledge let the judging of what degree every man shall be and the deâ—igning and distribâ—tion of offices be wholly in the power of the Generall or Prelat wâ—ich shall bee appointâ—d by us any time whatsoever or of those whom hee shall suâ—stitute with such authoritie 17 Let us yet set down one most true maxime but which is as much or more verified in fact as in writing and then an end That the Iesuites applie all their divinitie to overthrow the States of Kingdomes and Principalities to make them change their maisters The Arrest of Paris given by the great Chamber and the Tâ—urnelle in full assemblie calls them Enemies to the King and State Such a companie as doth not judge upon the ticket of a sack There must have been great matters and very concluding proofes to declare them such to confiscate all their goods and banish them out of France Hee that shall read the pleadings upon that subject and the inscription of the Piramid will understand some part of it The examples of other States the blowes which they have struck which are but too well knowne to all Christendome their atchievements and â—onquests doe but too much bewray the inside of their stomach and make us beleeve it was not without a mysterie that they professed themselves unto Princes for Pedagogues of Armes CHAP. VIII Of the election and nomination to the investitures of Bishopriques Abbeyes and other Prelacies appertaining to the Emperours And first of the election of Popes 1 THis Councel gives the Pope the power of election and nomination to all Bishopriques Abbeyes and otheâ— Prelacies in all the Kingdomes and Provinces of Christendome For in the first Chapter of the seventh Session the Popes authoritie is reserved for as much as concernes Bishops their residence and other points of reformation This being so it must be at his disposall to ordaine what hee shall thinke good to draw unto himselfe and his Court all manner of nominations and elections to put out some and put in others to set up a trading and traffique in that behalfe as hee hath done at other times and doth at this present to make a common mart and a famous fare of his Court to rob Princes of the right which belongâ— unto them in point of nominations elections investitures and such like For if the Pope intermeddle as he may lawfully doe they can no way complaine of him nor debate their right against him nor say that hee deprives them oâ— what belongs unto them And indeed the same Councell hath decreed it down-right For it is said in the eighth Canon of the twentie third Session If any one affirme the Bishops that are created by the authoritie of our Holy Father the Pope of Rome to be no true and lawfull Bishops but a humane fictionâ— let him bee anathema 2 In the first Decree of the twentie fourth Session the election nomination and entire disposall of Bishopriques and Prelacies is given unto him without any more dissembling See here the forme which is there set downe 1 That at the Provinciall Synod which shall bee holden by the Metropolitan a certaine forme of examination inquisition or instruction proper to every Province be prescribed to all places 2 That it bee approved of by the judgement of our holy Father the Pope of Rome 3 That as soone as this examination or inquisition of the partie to bee preferred is finished it bee drawne into a publique instrumenâ— with all the attestations and testimonials and profession of faith by him made 4 That all bee sent forthwith to our most holy Father the Pope of Rome that having full intelligence of the whole businesse and of the persons if by the examination and inquisition they bee found fit men for the good of the Lords flocke he may profitably furnish the Churches with them 3 It may bee said that all this may be well understood without entrenching upon the right of others especially of Kings and Princes who have the disposall of them But that is provided for by another Decree in such sort that they are not indeed quite right excluded but a gappe is opened to their exclusion by inventing a way to make them yeeld unto them For in case the preferment be done without them they declare it to be valid and good And God knowes whether such a course will not bee taken that they shall have no hand in it at all Thâ— holy Synod further teacheth that in the Ordination of Bishops Priests and other Orders neither the consent vocation nor authority of the people or any other Secular power or Magistrate is so required that the Ordination should be frustrate without it But rather it decreeth that those who rise up to exercise these functions being called and ordained onely by the people or Secular power and Magistrate or by their owne rashnesse take
Monasterie shall not in that case enjoy their priviledge of exemption but shall bee subject to the jurisdiction of the Ordinariesâ— without any commission or delegation from the Pope We ordain by an irrefragable Decree that howsoever exempted persons enjoy their libertie yet upon any offence contract or such thing for which a man may have a sâ—te against them they may be convented before the Ordinary of the place And the Glosse upon it This is true if the contract were made or the crime committed in a place not exempted and if the thing in controversie bee not exempt So Scholars not residing in the Vniversities do not enjoy the priviledges granted unto them So a Clerke taken in a crime having not his Clericall habit on is subject to the jurisdiction of the Secular Iudge 7 In the third Chapter of the twentie first Session Bishops are allowed as Delegates for the See Apostolique to assigne unto all such Cathedral and Collegiat Churches as have no ordinary distributions the third part of the fruits and revenues to bee imployed in the said distributions Which is repeated in the third Chapter of the twenty second Session This derogates from the power and jurisdiction of Bishops to whom the right of providing for the necessities of the Churches subject unto them doth belong As to adjudge the tenth to an Archdeaconrie which hath but little meanes To joyne and unite Chappels to a Cathedrall Church upon evident necessity or commoditie To alter and give away the means of the Church upon just and honest reason with the consent of the Chapter Therefore by the same reason they may convert some part of the revenues of livings to ordinary distributions upon just and lawfull cause with consent of the Chapter without authoritie from the Pope or without any necessitie of his commission Which is valid in this Realme of France especially where the Popes power is regulated according to the ancient Canons and Decrees 8 By the fourth Chapter of the twentie first Session the Bishops are Delegates for the See Apostolique to compell the Rectours of Churches within their Dioceses to take Priests to assist them at the administration of the Sacrament in case they bee not able to doe it themselves And by the sixt chapter of the same Session they are also made commissaries and Delegates to assigne substitutes and assistants to unlearned and ignorant Rectors of Churches Which is also decreed to the prejudice of the ordinary jurisdiction of Bishops to whom of common right it appertaines to appoint such assistants even according to the Decretals of Lucius the third and Honorius the third whereby they declare that Bishops have power and authority to appoint coadjutours to Rectours of Churches in such cases 9 In the fifth Chapter of the same twentie first Session power is given to Bishops as Delegates for the Pope to unite Churches and benefices in case of povertie and such like permitted by the law And yet this is a thing which agrees unto them by their owne proper right even by the confession of Celestine the third It belongs unto the Bishop saith he to unite the Churches of his Diocese and to set one over another Which is elsewhere repeated by the Glosse upon the Canon law And it is confirm'd unto them by the sixt Aâ—ticle of the Ordinance of Orleans See here the words And to the end that Curats may imploy themselves in their Charges without all excuse we enjoyne Prelats to proceed to the union of benefices distribution of tithes and other Ecclesiasticall revenues 10 By the seventh Chapter of the same Session power is also granted them as Delegates for the Pope to transferre the simple livings belonging to ruinated Churches which cannot be repaired by reason of their povertie upon the mother Churches or others in the Diocese having called unto them such as are interested in them howbeit by the same Decretall of Celestine Bishops may submit one Church to another with consent of the Chapter by their owne authoritie without any intervening of the Popes 11 The same Councell in the eighth Chapter of the seventh Session makes Bishops the Popes Delegates for the visitation and reparation of exempted Churches The Ordinaries of the place shall bee bound every year to visite all the Churches even such as are exempted in what kinde soever by authoritie Apostolique and to take order by such remedies as are according to law that those which stand in need bee repaired and that they bee not unprovided of the cure of soules if any have it over them nor of other duties such as shall bee found due It ordaines the like for the Churches which are not within any Diocese in the ninth Chapter of the twentie fourth Session All this derogates from the eleventh Article of the Ordinance of Orleans where it is said That all Abbats Abbesses Priours Prioresses not being heads of the Order together with all Canons and Chapters as well Secular as Regular whether of Cathedrall or Collegiate Churches shall be equally subject to the Archbishop or Bishop of the Diocese so as they cannot helpe themselves by any priviledge of exemption in regard of the visitation and punishment of their crimes By this Ordinance the visitation belongs to the Ordinarie Iurisdiction of Bishops By the Councell it belongs to the Pope and is conferred upon the Prelates as his Commissaries 12 There is yet more which is that by the same Councell the Archbishops and Bishops cannot visit the Churches and Benefices of their Dioceses and take order for the reparation of other things necessary but by virtue of the same Delegation For behold what is ordain'd concerning it in the eight chapter of the twentie first Session It is reason that the Ordinary doe diligentlie provide for all that concernes divine service within the Diocese Wherefore the Monasteries in Commendam the Abbeys Priories Provostships not tied to a regular observance as also the Benefices whether they have cure of soules or no Secular and Regular in what kinde soever of Commendam they bee holden even such as are exempted shall bee visited by the same Bishops as Delegates for the See Apostolique and the same Bishops shall take care by â—onvenient remedies even by sequestration of fruits that necessarie reparations bee made and done By this Chapter the Bishops are deprived of their ordinarie power in case of visitation in as much as they are now made Commissaries in that respect which is contrarie to the ancient custome and the Decree of the Councell of Tarraco registred in Gratians Decret Wee ordaine that the order of ancient custome be observed and that Dioceses bee visited by the Bishops every yeare And if any Church be found destitute that the reparation thereof bee injoyned by his Ordinance Item against the Decree of the fourth Councell of Toledo where it is said That the Bishop ought every yeare to goe over all the Diocese and in every Parish to enquire
in what need of reparation the Churches stand 13 The Royall jurisdiction in France suffers prejudice hereby considering it belongs to the Lay Iudges to take order for such reparations as wee shall prove in another place hereafter But that which is ordained in the tenth Chapter of the twentie fourth Session is yet more exorbitant namely That the Bishops as Delegates of the holy See have power to ordaine rule punish and execute according to the determination of the Canons in all things which concerne the visitation and correction of their subjects Whence it will come to passe that if a Bishop condemne any of the people under his jurisdiction for eating an egge in Lent or any such like thing hee must trudge to Rome to get his sentence made good 14 The like here is decreed concerning the visitation of Hospitals Fraternities and all kinde of sacred places Colledges and Schooles For it is given unto the said Bishops as Delegates for the Popes although it belong unto them by virtue of their ordinarie jurisdiction by the Decree of the Councell of Vienna holden under Clement the fifth at least for asmuch as concernes Hospitals And in our France such visitations belong to the Lay Iudges and especially to the great Almoner who hath the super-intendence of them So saith King Henry the second in expresse termes in his Ordinance of the yeare 1552 Our great Almoner saith he hath the super-intendence cognizance over the Hospitals and Spittles of our Kingdome that they bee well and dulie maintained as well for the reparation of them as for the imployment of the moveable goods thereunto belonging And whether the poore sick folks and distressed persons resorting unto the said Hospitals bee entertained and lodged maintained and fed according to the revenues of the said Hospitals As also to compell the masters and Administratours of such Hospitals to make account of the said meanes and revenues See here that which compriseth every part of the visitation and all that belongs to the office of him that is to bee the visiter 15 By another Ordinance of King Francis dated the fifteenth of Ianuarie 1546 the visitation of the said Hospitals and other charitable places is committed to the Iudges Royall Ordinaries of the place where such Hospitals are situate All Governours and Administratours of Hospitals or other charitable foundations shall be compell'd by our Iudges of the places next adjoyning to give up their accounts of the revenues and administration of the said Hospitals by what titles soever they hold them together with the charters and titles of their foundation if they have any within two monthes after the publication of these Presents Whom wee command and expressely injoyne everie one respectively within his Precincts and jurisdiction that immediatly after the publication of these presents they visit the said Hospitals and charitable foundations to enquire of the revenue estate and reparation of the places and the number of beds and poore people whom they shall finde there It is true that upon the publication of the said Ordinance there was some opposition made by certaine Bishops and Abbats of this Kingdome and by the grand Almoner but upon the said opposition there was no more decreed by the Court of Parliament of Paris but this That out any regard therunto had they should proceed to the publication ordaining nevertheles That within every one of their Ecclesiastical Precincts each Ordinary Bishop or Abbat the grand Almoner might commit and delegate one or two honest men to assist the Iudges who were to execute the said letters patentsâ— yet without hindring or contradicting the said Iudges in such manner as that the Kings will and pleasure might bee put in execution This Ordinance was yet further confirm'd by another of the same King Francis dated the sixth of Februarie 1546. And by another of Henrie the second the twelfth of Februarie 1553. 16 With better reason may wee say that the visitation of Schooles erected for the institution of youth should belong to Lay Iudges Howsoever it bee such visitations are not cases reserveâ— to the Pope and therefore this Delegation is against the rules of the Canon law As is that also which is granted unto them for the execution of things given to pious uses in such cases as are allowed by the Law The Bishops saith the Councell as Delegates for the See Apostolique shall bee executours of all pious donations given as well by last wils and Testaments as by those which are yet alive in such cases as are permitted by the law Now by the ancient Decrees they are executours of such donations Iure proprio Witnesse Gregorie the ninth in a â—ecretall of his Be it that all testaments to pious uses should bee taken care for by the Bishops of â—he places and that all things should be confirmed according to the will of the deceased Howbeit the testatours themselves should have prohibited c. Which he further confirmes in another Decretall The executours appointed by the Testatour after they have undertaken that charge ought to bee comâ—ell'd by the Bishop of the Diocese to performe the will of the Testatour The like was ordâ—inâ—â— by the constitution of the Emperour Anthemius If the Tâ—statour saith he hath expressed the summe of the legacie or Testament in trust given to pious uses without appointing the partie that shall bee executour of his will the Reverend Bishop of the citie where the testatour was borne hath power to exact what was bequeathed to that end executing the holy intention of the deceased without any delay 17 A man might observe divers other Articles of this Councell where such delegations are granted to Bishops and Ordinaries which is as much as to annihilate their intire jurisdiction and devolve it upon the Pope that so all may depend upon him and his power may be so much the greater Wherein many men are prejudiced to wit the Bishops who loose that which belongs unto them having it onely by way of loan or in a precarious manner The Metropolitans who are hereby deprived of the appeals which should come unto them from the sentence of the Bishops And the Lawyers as well Ecclesiasticall as Lay who must bee constrained to goe to Rome either to voyd the appeals which will be put in or at least to get new Commissioners in case hee faile to appoint the judgement In partibus according to the liberties of France which will be as great a foile as can be imagined 18 Weâ— will now speak of Evocations which is another mightie means for the Pope to make him absolute Lord of all Ecclesiasticall justice to get the cognizance of all causes which hee shall thinke good to make his Court more frequented than ever it was This Councell after it had decreed that the judgement of causes cannot bee taken from the Ordinaries by any extraordinarie commissions Evocations nor Appeals it addes Except in such causes as ought to bee tried
before the See Apostolique by Canonicall Constitutions or such as the Pope of Rome shall thinke fit to bee committed or removed upon some urgent and reasonable cause by speciall commission from his Holynesse signed with his owne hand Now hee will alwayes find urgent causes enough to draw the processe to Rome there will never want pretences if hee get but a hole that 's enough how little soever it bee hee will finde meanes to enlarge it And besides who will tell the Pope that the cause is not reasonable That were to make himselfe be pronounced a heretique It is a kinde of Sacriledge to dispute of what hee does yea it is a mortall sinne saith their Glosse upon the Canon law 19 Wee shall here entreat the reader to remember what wee discours'd in the second book touching the Popes attempts in point of justice the miseries that proceed from thence and the great complaints that have beene made of it Wee tumble backe into all these miseries againe by receiving of this Councell The Popes used it formerly by usurpation now they will doe it with some title and so with more licence Wee shall content our selves with setting downe here what was spoken concerning this matter by a whole Councell to wit by that of Basil one of the most famous that hath beene holden in these later daies Divers abuses and intolerable vexations have grown hithertowards whiles many men were very often wont to be cited and called forth to the Court of Rome and that sometimes even for pettie things and were so wearied out with expences and travaile that they thought it more commodious for them to forgoe their right or with great losse to redeeme themselves from such vexation rather than bee at the charges of the suit in a countrey so remote So it was an easie matter for slanderers to oppresse poore men So Ecclesiasticall livings were oft goâ— by wrangling shifts and evasions in the Suit while their meanes were not sufficient for the true owners or others that had right unto them to defray the charges required as well for the journey to Romeâ— as the pleading of the cause there Hence also proceeds the confusion of Ecclesiasticall order when the jurisdiction of the Ordinaries is not preserved unto them The money and meanes of Kingdomes and Provinces are not a little impaired by this meanes and which is a thing acknowledged to bee very harmefull to all Ecclesiasticall Orders those which by reason of their worth were called to the greatest affaires of Christendome were made lesse serviceable in them being too much imployed in the multitude of such causes Such evils and disorders as these gave occasion to the Fathers of that Councell to prohibit all evocations in that kind Which was confirm'd by the Pragmatique Sanction of Bourges in the title Of Causes where the same things are rehearsed CHAP. III. Of giving temporall jurisdiction to Ecclesiasticall persons 1 THis Councell useth such marvellous good husbandrie and carrieth all things so handsomely to its proposed end that at the last reckoning all the world is well appaid except Kings and Princes for whom the springe was set We have seen the Bishops already stript of their jurisdiction and turn'd into their bare shirts Now we shall make it appear that what is taken from them on the one side is restored to them on the other all to the prejudice of Secular powers whose jurisdiction is invaded and usurped upon to the advantage of the Bishop of Rome into whom as into a vast Ocean all these pettie rivers emptie themselves 2 It is a Papall maxime holden for a certain and undoubted truth That all Bishops receive their jurisdiction from the Pope They take an oath unto him else whereâ— and that a very strict one they are bound by this Councel to promise true obedience unto him at the Synods of the Diocese So that there can be nothing ascribed unto Bishops in point of jurisdiction but the Pope hath a share in it as fathers have in the purchases of their children masters of their slaves but their authoritie and power will ever receive some enlargement thereby This preface will serve as a candle to give light unto the interests of Kings and Princes in all the particular cases which shall bee hereafter specified 3 This Councel then to the prejudice of the Secular jurisdiction gives unto Bishops the power of punishing the authours of defamatorie Libels of the printers of them of Sorcerers Conjurers and such like people of those that contract clandestine marriages or are witnesses and assistants at them the cognizance of all causes matrimonial without distinction of all rights of patronage both Lay and Ecclesiasticall the jurisdiction to compell the inhabitants of any parish to allow maintenance to their Parish Priests the visitation of all benefices both Regular and Secular the cognizance of the reparations of their buildings as also the power of sequestring the fruits of the said benefices the power of examining the Kings Notaries and of suspending or depriving them of their office for some fault or crime by them committed the doing of justice upon married Clerks which have their tonsuâ—e in all causes both civill and criminall the punishing of concubinage and adulterie both in Lay men and women the seizing of mens goods and arresting of their bodies causes of Ecclesiasticall jurisdiction and that even of the Laitie Besides this Councell in very many Chapters prohibited all appeals and will have that which the Bishops do to stand without any regard of any appeale to the contrary whatsoever Also it allowes Ecclesiasticall persons to refuse such summons as shâ—ll bee sent out by the Parliaments or other of the Kings judges For the further satisfaction of such as will not content themselves with this bare proposall wee will speake somewhat of every one of these heads for the better clearing of this incroachment of jurisdiction I mean only so farre as concernes the right of our Realme of France 4 Beginning then with the first which is touching defamatorie Libels our civil lawes give the cognizance and jurisdiction thereof to the Iudges and Magistrates not to the Ecclesiastiques Some may bee will except such as concerne point of Religion but this exception is not pertinent and observe this one reason which is sufficient to confute namely that those lawes of Constantine the Great and Constantius which restraine the licence of such Libels were made in a time much like this of ours to wit when divers writings were put out concerning point of Religion against the honour both of one and other Doctour Balduin hath very judiciously observed it It is behoofefull saith hee to remember what manner of times those were of Constantine and Constantius wherein the contentions about Religion not much unlike unto ours gave fire unto the affections of both parties and which afterwards hatched those unhappie calumnies and scandalous
manifest adulterie There are an infinite more Arrests of the Courts of Parliament of this Kingdome which testifie that they are in possession of the cognizance of this crime 27 Leo the tenth acknowledging that this right belongeth to the officers Royall of this Realmeâ— where hee decrees concerning the punishment of Clerks that keepe Concubines when he comes to speake of Lay men he doth no more but exhort them to abstaine from adultery and concubinage as things forbidden by God without passing any further The Ecclesiasticall Iudges have sometimes attempted to usurpe this jurisdiction over the Laitie in case of adulterie but the complaint which was made of it by Mr. Peter de Cugneres on the behalfe of the Iudges Royall which wee may read at this day extant put an end to that trouble And alwaies whensoever the Clergie attempted to meddle in such matters they have beene prohibited by the Parliaments upon appeals as from abuse which have beene put in against their decrees 28 So by an Arrest of Paris of the 28 of Iune 1534. It was determined that a married Lay man cannot be cited before an Ecclesiasticall Iudge for deflowring a Virgin There are two Arrests of that same Court called The Arrests of married whoremongers which are very remarkable one dated the 10 of Iuly 1366 the other the 5 of March 1388 whereby Bishops and Archdeacons are prohibited to cause Lay men to bee cited any more before their officials in case of adultery or fornication with other women than their owne wives There is also an Ordinance of King Saint Lewes the yeare 1254 for the banishment of common whores out of all cities and townes which hee will have to be done by his Iudges and Officers and their goods to bee seized by them 29 The like case is about seizure of goods it being a thing certain in France that such executions are prohibited and forbidden to Ecclesiasticall Iudges by an Ordinance of King Philip the third made in the yeare 1274 which forbids any Bishop to cause any such execution to bee made of the immoveable goods of any Clerke condemn'd in a personall action because the immoveable goods are out of his Episcopall jurisdiction According hereunto a certaine Bishop of Paris was declared not to be admitted into the Court in a pretendure which he made of the power of arresting certaine moneyes belonging to a Clerke inhabiting in certaine lands subject to the jurisdiction Royall and he was cast for attempting it by an Arrest of Paris the second of April 1334. And the reason hereof is that it is holden for a ruled case in our law that Bishops and other Ecclesiasticall Iudges have no territory or other right of temporall subjection as is proved by Mr. Giles le Maistre chiefe President of Paris by divers authorities And upon the same reason the cognizance of reall actions of debt and possessory is forbidden them When there is any necessitie of doing such or such like executions they must implore the aid of the secular arme which cannot be denyed them The Iudges Royall are enjoyn'd by the 24 Article of the Ordinance of Melune made 1580 to aid the Ecclesiasticall Iudges in the execution of their sentences when they implore tâ—e secular arme 30 Much lesse may they proceed by way of imprisonments or otherwise to the execution of their sentences Such Acts are left to the Secular power which they ought to implore But if in any criminall case they decree the Arrest of a mans bodie against those of their jurisdiction they cannot proceed to cause him to be attacht if he be out of their Court but must have recourse to the secular arme And to this purpose it was determin'd by an Arrest of Paris of the tenth of May 1535 That it was ill determin'd and absurdly proceeded by the Deane and Chapter of Mans who judged upon an accusation commenced against a Canon of the said Church that he should be kept prisoner in his Cloister 31 But one of the greatest wounds which the Kings authoritie and the Courts of Parliament can receive is that the power of appealing is taken away even almost in all actions For as for the Popes Bulls and Decrees wee have already prov'd that such appeales cannot bee put in hereafter in as much as he is made to be above a Councell above all Princes and Lords that have any soveraigne dominion in as much as the confirmation of all the Canons and Decrees of the Councell of Trent was left unto him the reformation also of all that concernes Ecclesiasticall manners and discipline and his authoritie in all things reserv'd As for the Bishopâ— and other Prelates of this Kingdome in all the before-mentioned cases it is said expressely that no appeale can be had from their sentences It is true that the Popes authoritie is reserv'd above all so as not onely the Kings inferiour Iudges are depriv'd of their ordinary jurisdiction but the Parliaments also of Appeals unto them as from abuse which have alwayes beene put in from the sentences of the Bishops yea even from the Canons and Decrees of the Provinciall Councels of France and the execution of the Popes Buls and Decrees 32 But there is yet more namely that appeales from abuse made unto the Parliaments in divers other cases is taken away as where it is decreed that no appeale shall bee made from such sentence of the Ordinaries whereby they shall depute a Vicar with an assignement of certaine portion of maintenance in any Cure or Benefice formerly without Cure Wherein there is a double grievance First that thâ— Iudges royall as Bailiffes Stewards and such like are deprived of that seizure which they are permitted otherwise to make of the revenewes of livings â—ine curâ both by the Ordinance of Charles the 6 Anno 1385 and by that of the States of Orleans holden under Charles the 9. Anno 1560 in the eight and twentie first Articles and after that by the Edict of Mâ—lune made by Henry the third in February 1580 Article the fifth upon occasion of the complaints of the Clergie of France and by another of the same Prince the tenth of September 1â—68 The other that our Parliaments are depriv'd of Appeales as from abuse which have alwaies beene used in this kingdome 33 Power is also given unto the Bishops to erect Colledges for the instruction of youth with the advice of two of the most ancient Prebends and to endow them with the advice of foure deputies two of the Chapter and two of the Clergie as also to order the revenewes of buildings and of hospitals tithes appropriated and belonging to lay men so as there can bee no appeale from what they shall determine in this respect Wherein there are divers good grounds of complaint First that the Councell undertakes to erect Colledges in France for the instruction of youth for that derogates from the Kings authoritie who hath provided for this point by the ninth
Article of the Ordinance of Orleans Secondly that the Councell gives the power of this erection to the Clergie without employing the Maiors Sheriffes Councellors Capitons or other Civill Magistrates which the same Ordinance doth require the words whereof are these Besides the said Divinity Prebend another Prebend or the revenewes thereof shall bee assign'd for the maintenance of a Schoolemaster who shall be bound in the meane time to teach all the youth of the City gratis without any wages Which Schoolemaster shall be chosen by the Archbishop or Bishop of the place calling in the Canons of the Church together with the Maiors Sheriffes Councellors or Capitons of the City and to bee put out by the said Archbishop or Bishops with the advice of them aforesaid And the execution of the aforesaid Ordinance is committed to the Officers Royall by another Ordinance of the same Prince given the 22 of November 1563. And the reason why the Ecclesiastickes are here joyned with the lay in the election of a Schoolmaster is because his maintenance is taken out of the revenewes of the Church For otherwise there were no necessitie why they should come in 34 In the third place it disposeth of other mens goods too freely as of building money imploying it to another use against the will of the founders King Henry the third without any regard had to the determination of that Councell by his Edict of Melune Anno 1580 Article the eighth doth expressely forbid both his Iudges and all others to divert or apply the goods and revenewes which have beene given for the building of Churches and Chappels to any other use than that to which it was ordain'd Which sheweth withall the little regard the late King had of this Councell 35 It disposeth likewise of the revenewes of Hospitals contrary to the intention of the Founders and to the prejudice of divers Ordinances of our kings which have beene made in this behalfe whereby all jurisdiction and disposall of the goods of hospitals is intirely given to the Iudges Royall who are commanded to take the accounts of the administration of them to proceed to the correction and reformation of such abuses and disorders as are committed in them to assigne an allowance to their tutelar governours for the charge of divine Service which they are bound to doe to give the residue intirely unto the poore according to the institution of them This is the summe of King Francis the first his Edict given at St. Germain in Laye the 15 of Ianuary 1545 published at the Parliament of Paris the 4 of February the same yeare confirmed afterwards by another of the same Prince made at Rochfort the 26 of February 1546 and another given at Melune the 20 of Iune the same yeare another of King Henry the second the 12 of February 1553. of Charles the ninth 1561. of the Ordinance of Moulins of the same Prince Article 73. And besides all these by the Edict of Blois by the late King Henry Article 65. All which Edicts set downe other formes for the administration preservation and distribution of the goods of the said hospitals Yet so that they must alwayes bee imployed to the reliefe and sustentation of poore people the reparation of buildings and such necessaries 36 The same Councell disposeth likewise of infeodated tithes that is such as have by just title beene appropriated to lay men so as now they retâ—â—â— nothing of spirituall giving the Bishops Soveraigne power to apply one part of them to the maintenance of Colledges and so as there shall bee no appeale from them Which it ought not to doe because it hath no power over the goods and lands of lay men no nor over the temporals of Clergy men in the Realme of France It is here considerable that although tithes bee reckoned amongst spirituall things by Eugenius the third yet that 's improperly spoken and they are not so truly spirituall as set aside for the use of the spirituall Ministers of the Church as Mr. Iohn Gerson teacheth 37 And this is also the reason that by the Edicts of our Kings the most of the controversies arising about tithes are of secular jurisdiction as when the question is of the possessorie when the quotitie of tithes is controverted or the removeall of corn or other tithable fruits of the earth out of their place before the tith be payed and such like cases So that there is nothing left for the Ecclesiasticall jurisdiction save onely the question of right namely Whether the tith be due Amongst other Edicts to this purpose there is one of Charles the ninth whose words are remarkable All suits concerning tithes and the right of them wee have for the present remitted to the ordinary Iudges of every Province to whom the cognizance thereof shall appertaine and over which we have given them full jurisdiction And another of the same Prince made at Paris the 18 of April 1571 in the 16 Article of which there is this clause Wee grant unto our Courtâ— of Parliament the cognizance of such suits as shall arise hereabout every one within their owne circuit 38 If these Ecclesiasticall tithes are of secular jurisdiction because they have in them but a little of the spirituall much more ought they to be so which are appropriated So it is reported as a ruled case in law That tithes holden in see belong to the jurisdiction of the secular Iudge exclusively to the Ecclesiasticall So then the Ecclesiasticall Iudges cannot intermeddle with them nor determine of them without intrenching upon the other jurisdiction much lesse can the Clergy dispose and decree concerning them whether assembled in Councell or otherwise to the prejudice and damage of the lay men that are the owners and possessors of them And therefore in this Kingdome wee ought not to have any regard to that prohibition made by the Councell of Lateran whereby lay men that hold tithes in fee are forbidden to make conveyance of them to other lay men for that is to make lawes about particular mens estates and thrust the sickle into another mans harvest Now the attempt which is made by the Councell of Trentâ— the thing now in question is farre greater for that of Lateran doth onely prohibit the alienation of them to lay men whereas the Councell of Trent gives Bishops power to deprive a lay man of his goods and estate of a thing which truly belongs unto him and which hath nothing spirituall in it to wit to take a part of his tithes that is a part of his inheritance from him and convert it to the maintenance of a Schoole And which is worse there must bee no appeale made from that order and decree which the Bishop shall make what abuse so ever theâ—e be in it So that both the owners and possessors of those tithes shall be deprived of their goods and the Iudges of their jurisdiction and that to the prejudice of those
â—dicts already alledged 39 And after all this yet this Councell will have the accounts of Colledges so erected to be heard and examined yearly by the Bishop with the two deputies of the Chapter and the other two of the Clergy Which is derogatorie to the Edicts alleadged here before whereby the making of such accounts of building-money and Hospitals is laid upon the Kings Iudges inasmuch as there shall no account bee made to them hereafter of that part of the revenues which shall bee taken out of such buildings and Hospitals to bee imployed to the use of those Colledges and Seminaries but only to the Bishop Wherein there is a very great accumulation of grievances for they to whom it formely belonged to make those accounts ought not to bee deprived of it by meanes of such application of the revenues to another use And suppose that might be admitted yet it were reasonable that those accounts were still made before the Kings Officers at least that the Major and Sherifes of the towne where such houses are and such like persons were called considering that the meanes of Colledges and Schooles is no more spirituall than that of buildings Hospitals and Spittles Especially considering that building-money after the buildings are finished ought to be converted to the reparation of Churches and purchasing of ornaments for them and other works of charity and yet there is never any alteration for that of the parties which are to make the accounts but it is alwaies left to the Officers Royall nor is the Clergie suffered to intermeddle in the accounts of building-money and in case they should attempt there might be put in an appeal as from abuse as it was judged by an Arrest in Iune 1550. And as for the accounts of Hospitals they are to bee made also before the Kings Officers notwithstanding that by the will of the Founder part of the revenues of those Hospitals be designed and appointed for divine service according to an Edict of King Francis ann 1545. And which must bee taken notice of in case the Bishops and other of the Clergy have the right of overseeing the administration of those Hospitals yet they retain unto themselves the hearing of the accounts aswell as Lay Patrons doe Howsoever in such sort that the foure at the least of the most eminent inhabitants of the place or Parish must bee called unto them as it is ordered by the sixt article of the Ordinance of Hospitals made 1561. From which the tenth article of that of Melun 1580 doth no way derogate which must be expounded by the former in that where it is said That the Prelats and Clergy shall be maintained in their right which they have of looking to the administration of Hospitals and Spittles and taking the accounts of their revenues where that must be repeated which is in the precedent Edict The most eminent inhabitants c. being called thereunto forasmuch as this latter aâ—mes at the preserving and confirming the right of the Clergy not at the excluding of the inhabitants of the place or Parish from the hearing of the accounts 40 Lastly the remedy of appeal is not admitted to take place against such decrees as the Bishops shall make for the repairing of Cloysters and Monasteries but they must be forthwith put in execution without all appeal yea and that in such sort that the Secular Magistrates are commanded upon paineâ— of excommunication to assist them In which there are many grievances First in that the Iudges Royall as also the Bailifs and Stewards are deprived of that cognizance which belongs unto them before all others in case of such reparations as we have made it plaine already Secondly in that the Parliaments are deprived of those appeals which would bee made unto them from the inferiour Iudges Thirdly in that no appeal can bee made unto them as from abuse from the sentence of Bishops And fourthly in that the Kings Officers are made lyable to excommunication contrary to that priviledge which hath beene granted unto them and which they have ever enjoyed whereof wee shall speake in another place Now if this Councel take place we must make account that appeals as from abuse are utterly abolished as wee have said already which is a thing that concernes France not a litle inasmuch aâ— it is one of the principall weapons wherewith our Predecessours have foughâ— against the usurpations of the Popes and other Ecclesiastiques CHAP. IV. Of Exemptions 1 ANother meanes which the Councell useth to hooke in to the Pope the jurisdiction over other men are the Exemptions granted to Churches Chapters Corpses Colledges Abbeyes and Monasteries to the prejudice of their lawfull Prelates and Ordinaries the Bishops and Metropolitans Our Trent Fathers knew wel enough and confessed that such exemptions are a cause of much evill for say they They give occasion to the persons exempted to live more dissolutely and more at their libertie This is not all for wee must adde That they take away the reverence and obedience which the exempted owe unto their Prelates and Ordinaries and make them thinke themselves as good men as the Bishops and other their superiours That the correction and punishing of faults and excesses is hereby â—indred and brought to nothing That they are prejudiciall to the whole Church Catholique inasmuch as the exempted cannot bee judged but by the Pope and hee cannot doe it by reason of his remotenesse from them That they rob men of the meanes of doing many good works in religion That they are the cause of many scandals That those to whom they are granted abuse their priviledges That they draw after them the ruine of Monasteries being rather a burthen than an honour or profit to them All these reasons were alleadged by William Durant Bishop of Mende in Gevauldan in the time of Clement the fift to perswade the Generall Councell of Vienna to abolish such exemptions Let us heare what complaints have been made against them at severall times 2 Saint Bernard spoke very freely of them to Eugenius the third in those books which hee dedicated unto him Abbats saith he are exempted from the jurisdiction of their Bishops Bishops from their Archbishops Archbishops from their Patriarchs or Primats Does this manner of dealing seeme good to you It were strange if it could bee excused or if there were any need of it In so doing you shew that you have plenitude of power but perhaps not of justice He speaks yet more of it but this is sufficient 3 Cardinall de Alliaco makes a complaint of them likewise and is of opinion that a course should be taken with them adding That many devout zealous men in the Church have a long time complained of them as Saint Bernard in a booke by him directed to Pope Eugenius and others Iohn of Paris a devine of the Order of Predicants urgeth the same Saint Bernard It is also to bee considered saith he that Saint
Chap. II. p. 260. 1 OF Fraternities how devoted 2 How dangeroâ—â— to the State 3,4,5 Of the Fraternity of the Chaplet or the Order of Penitents 6 Of the sect of Flagellants 7 8 Their originall and orders 10 Gersons booke against them Chap. III. p. 265. 1 DIspensations abused by the Pope 2 Hee takes upon him to dispense with the Lawes of God and man 3 Complaints made hereupon by the Catholiques in Germany 6 By Saint Bernard 7 By the Parliament of England 9 By the Councell of Constance 10 By Iohn Gerson 11 By the deputies of Pope Paul 12 Reformation demanded at the Trent Councell 13 Which medled with them onely in three cases 14 And that as good as nothing 15 And contrary to the liberties of France Chap. IV. p. 269. 1 OF unions of Benefices both reall and personall Which the Councell leaves to the Popes disposall 2 Which of right belongs to the Bishops of the Dioceses with consent of the patrons 3 Vpon reasonable cause 4 5 6 Otherwise they have and may be disanull'd nothwithstanding any prescription 7 Contrary to the Councell of Trent which allowes prescription in some and the Popes pleasure in all Chap. V. p. 271. 1 OF the residence of Bishops Which the Councell leaves to the Popes approbation To the prejudice of Princes and Metropolitans 3 To whom it belongs to approve the causes of their absence 2 How Popes by this meanes deprivâ— Princes of their best servants 4,5,6 For Kings to approve of non-residence was the practice of France before this Councell 8 And the law since Chap. VI. p. 273. 1 BY this Councell of Trent there can be no more Gâ—nerall Counâ—els but when the Pope pleaseth 2 Which takes away all hope of reformation 3 And is contrary to the Decrees of former Councels 4 The benefits proceeding from the frequency of Councels 5 They bridle the Popes power And therefore they decline them Chap. VII p. 275. 1 OF Iesuites Their Order confirm'd by this Councell 2 Their speciall vow of obedience to the Pope 3 Their deifying of him 4 They are the Popes Ianizaries and Emissaries in the State 5 Slaves to the Pope and therefore nâ— good subjects to their Prince 6 Their doctrine that Kings may be deposed 7 And of excommunicate killed 8,9 That heretiques are to bee put to death 17 Iesuites pernicious to the State therefore once banished out of France Chap. VIII p. 280. 1,2,3 THat this Councell in effect gives the election nomination and investiture in all Abbeyes and Bishopriques to the Pope 4 How this is prejudiciall to Princes 6 How elections were anciently made by the Clergie and people 7 Sometimes by the Pope Yet still by a power derived from Emperors and Princes 8,9 Proved out of the Canon law Popes anciently elected by the Emperour 13 14 This prerogative not renounced by the Emperour Lewes nor Henry 15 16 But practised by Emperours and allowed by Popes till Grâ—gory the sâ—venth 18 And then taken from them by usurpation Chap. IX p. 285. 1 THe election and investiture of Patriarchs and other Bishops belonged to the Emperours 2 3 In which the Popes had nothing to doe but by commission from them 10 Till Gregory the sevenths time who first usurped this power Which was afterwards the occasion of many quarrels betwixt Emperors and Popes 11,12 c. As betwixt Henry and Paschal about investitures 16 The Emperors renuâ—â—iation invalid 17 Because compell'd 18 And does not binde his successors 19 Who redemanded their right 20 The Councels that condemn'd Investitures for heresies censur'd 21 22 And Ivo for defending them 23 Who contradicts himselfe 24 The Emperour Henry in part excused Chap. X. p. 291. 1 ELections nominations and investitures belonging to other Kings and Princes in their owne dominions As the Kings of Spaine 2,3 c. The Kings of England possessed of this right both before and since the Conquest 11 With the Popes apâ—â—â—bation 12,13 The Kings of Hungary 〈◊〉 Apulia have done the like 14,15,16 How the Kings of France have behaved themselves in this point 18,19 Their right confirm'd by Couâ—â—el 23. And testified by Civilianâ— 26 Elâ—ctours to have â—â—e Kings Conge d'â—liâ—e 27 And the elected to tâ—ke the oat◠〈◊〉 â—llegeance â—8 29 That the Kings of France retâ—â—ne the â—omiâ—â—tion and the Popes have got the confirmation of Bishopâ—â— 30 Which râ—â—ders them obnoxiâ—â—a to the Popes and carâ—lâ—sse of their Prince 31,32 c. Examples tâ—â—â—eof in Englâ—â—d and Franceâ— BOOK VI. Chap. I. p. 299. 1 ALL jurisdiction in all causes and over all persons belongs originally to Secular Princes 2 This Councell exempts Bishops and even in crimiâ—all causes submits them onely to the Pope 3 Contrary to right 4 5 And ancâ—ent practice 11 c. How Emperours have exercised their jurisdiction over Clergie-men sometimes by their Delegates 12 Sometimes by Councels 15 16 c. This right of Princes acknowledged by Popes 18 Established by the Imperiall lawes 19 Allowed by Councels 21,22,23 French Bishops judg'd by their Kings Sometimes with a Councell 24 Sometimes without 26 This judgement of Bishops refused by Popes 27,28 The present practices of France in such cases Chap. II. p. 306. 1 THat Bishops by this Councell are made the Popes delegates in matters of their owne ordinarie jurisdiction 2 As visitation of Monasteries 3 Providing for Sermons in peculiars 4 Assigning a stipend to Curates 6 Visiting of Clergie men 7 Assigning of distributions in Cathedrall Churches 8 And assistants to ignorant Rectors 9,10 Vniting Churches 11 Visiting exempted Churches 12 And others not exempted 14,15 Visiting of Hospitals and Schooles 16 Disposing of gifts to pious uses 17 Such delegations prejudiciall to Bishops Archbishops and Lawyers 18 Evocations of causes out of other Courts to Rome allowed by this Councell 19 The inconveniences thence ensuing Chap. III. p. 313. 1 THis Councell entrencheth upon the Secular jurisdiction by attributing seemingly to Bishops 2 But really to the Pope 3 The cognizance of many things which in the Realme of France belong to the Civill jurisdiction in some cases not wholly to the Ecclesiasticall 4 As libels 8 Sorcerers 9 Clandestine mariages 10,11 And some other matrimoniall causes 12 Right of patronage for the posâ—essory 13 Lay appropriations 15 Maintenance of Priests 17 Visitation of benefices so as to compell reparations to be made 20 Sequestration of fruits 21 Royall Notaries 22 Simple Shavelings 25 Civill causes of Clerkes 26 Adulâ—â—râ—es 29 Seisure of goods 30 Imprisonments 31 32 Appeales as from abuse abrogated by this Councell 33 Erection of Schooles 34 Building-money 35 Meanes of hospitals 36 Infeodation of Tithes 39 Taking of the accounts of Hospitals Colledges and Schooles Chap. IV. p. 32â— 1 EXemptions granted by the Pope to Churches Colledges Abbeyes c. confirmed by this Councell to the prejudice of Bishops 2 3 Many complaiâ—â— anciently made against them 4 The Popes have no power to grant them 5,6 The unlawfulnesse and abuses of them 7 Reformation hereof desired â—t the Trent
heads and the Popes Bull represented in their hands and his armes reversed All which was done by the advice of the Princes Lords Prelates and other Ecclesiastiques of his Kingdome together with the Parliament and University of Paris as appeareth by the Acts published concerning this particular Lewes the eleventh to wave the censures of Pius the second made his Atturney generall put in an appeale from that Pope to the next Councell Lewes the twelfth had a defensive warre against Iulius the second upon this occasion He had suspended him by the Councell of Pisa whereupon hee procured a Synod of the Gallicane Church held at Tours in September 1510. to determine against him That it is lawfull for Christian Princes to defend themselves against such Popes as stirre up unjust warres against them and to substract their obedience from them The Parliaments of this Kingdome and namely that of Paris have alwaies engaged their authority for the justice of such defence either by way of humble remonstrance made to our Kings who upon the perswasion of some bad Councellors sometimes yeelded too much to the Popes impositions or else by reason of the exigency of their affaires which those cunning fowlers were ever ready to spy out soothed them up in their humour too much or else by cancelling the Popes Bulls in cases of appeales as of abuse or some other way where the Advocates and Atturneyes generall have euer had a faire occasion to shew their strength and abilities in and whence many of them have purchased eternall commendations The famous University of Paris and more especially the learned Sorbon have as it were set bounds and limits to the power of the Popes and made them know their duty they have sleighted their injust Buls and what by their consultations what by their appeales to future Councels they have preserved our liberties and priviledges entire even untill this instant I will not robbe the Clergy of France of the honour they have atchieved nor of the share which is due unto them in all these tropâ—ees What though there were some of that ranke defective in their duty to their Prince out of a timorousnesse which they might have of being disobedient to him whom they accounted their spirituall Head yet there wanted not some of them who stood in little awe of his chafings and thundering The Prelates of France in the Synod of Rhemes held under Hugh Capet made a declaration that the Popes have nothing to doe to usurpe the power and authority of Kings Arnalt Bishop of Orleans maintained in that Synod that the Popes have no power at all over the Bishops of France so as to have any cognizance of cases belonging to them and hee declamed most stoutly against the avarice and corruption of the Court of Rome Gerbert Archbishop of Rhemes and afterwards Pope of Rome in an Epistle of his writ to Seguin Archbishop of Sens saith that Rome approveth such things as are condemned and condemneth such as are approved That saith he which wee say belongs onely to God the Apostle tells us If any preach unto you any other things than those ye have received though it be an Angell from heaven let him be accursed Must all Bishops burne incense to Iupiter because Pope Marcelline did so I dare boldly say if the Bishop of Rome have offended one of his brethrenâ— and will not heare the admonitions of the Church he ought to be accounted as a Heathen and a Publican The Bishops of the Councell of Ments writ yet a little more tartly to Nicholas the first calling his fury tyrannicall his decree injust unreasonable and against the Canon lawes accusing him of rashnesse pride and cousenage and so giving him to know that he had no power over them and that he ought to acknowledge them for his brethren and fellow-Bishops Vrban the second forbade the Bishops of France to crowne Philip whom he had excommunicated but they were readier to obey their Kings commands than his prohibitions as we shall tell you anon The most of those oppositions made by our Kings whereof wee have spoken were abetted by the Prelates and other Ecclesiastiques These latter times afford us as pregnant examples as any of the precedent wherein we have seene the most learned and honourable Prelates of France banded together for the maintenance and defence of their King their rights and liberties of their Countrey and Church of France against a Gregory the fourteenth a Sixtus the fifth and such others as projected the demolition and utter ruine of this State It were too hard a taske to goe about to reckon up the words deeds and writings of the many Prelates and Churchmen of this Kingdome whereby they have many times repulsed the invasions of Rome 12 Suffice it us to say that in the greatest stormes God hath ever raised up men of courage and discretion as many yea more of that order than any other who have rung the alarum sounded the trumpet taken up armes and given our Kings to understand how farre they might exercise their power in spiritualls for the preservation of their rights and liberties 13 Nicholas the first in a Synod of his holden at Rome in the yeer 865. revoked the Decrees of the Councell of Ments pretending that it had attempted to make a divorce betwixt King Lotharius and Thiberg his wife promising withall that he should afterwards marry with Waldrada and this without the authority of the See Apostolique he also deprived of their dignities and excommunicated Theugot Archbishop of Triers and Gunther Archbishop of Cuâ—â—en and passed the same sentence of condemnation upon the rest of the Bishops of that Councell in case they did imitate and uphold the former Please you heare his owne words The sentence of deposition which we have denounced against the foresaid Theugot and Gunther and the other chapters made by us and the holy Councell shall be here inserted Yet for all these menaces they caused pretty stout letters to be writ to the Pope in the name of Theugot and Gunther whereby they shewed that they made no great reckoning of his thundering and condemnations though hee had given them a taste of a Councell We doe not receive said they that corrupt sentence which is far from any zeale of equitie injust unreasonable and against the Canon law But together with the whole assembly of our brethren we disregard and reject it as a matter unconscionable and full of wickednesse pronounced in vaine Nor will we communicate with thee who art a favourer of such as are anathematized and cast out despisers of holy Church and dost indeed hold communion with them But we content our selves with communion with the whole Church and that fraternall society which thou proudly misprizest in exalting thy selfe above it and excludest thy selfe from it making thy selfe unworthy of it by an over-haughty advancing thy selfe So that out of an inconsiderate lightnesse thou art strucke with an anathema
by thine owne sentence in as much as thou writest Cursed be he that doth not keepâ— the Apostolicall commandments which it is well knowne thou both heretofore many wayes hast and at this present doest violate trampling under foot both the lawes of God and the holy Canons of the Church at once making them of no effect nor use in as much as thou canst never treading neere the footsteps of thy predecessors the Bishops of Rome We therefore having experience of thy craft and subtilty observe withall thy indignation and high swolne ambition and wee doe not yeeld an inch to thee nor to thy pride whereby thou hastenest to bring us under hatches prosecuting herein the desires of our enemies but thy favourites Nay thou shalt know we are none of thy Clerkes as thou doest boast and bragge but that thou shouldest acknowledge us for thy brethren and fellow-fellow-bishops if thy arrogancy would permit thee so to doe 14 When the Popes had not power enough of themselves to compasse their ends to tame Princes to trouble and enthrall Christendome or haply when they would set a fairer glosse of justice upon their actions and cut off all means of gainsaying then they releeved themselves by the authority of some Councell or other called together by their cunning and packed up according to their humour whereunto all men in honour and reverence to the Church readily submitted themselves as unto some divine Oracles Till at last they begunne to finde out the mystery and perceive plainly that those assemblies under colour of piety and religion served but for instruments to the Popes humours to wreake their humane malice stucke close unto their tyrannyâ— and gave authority to their injust usurpations This was it which oft times gave occasion to reject those Councels as spurious and adulterate as the Synagogues of Satan yet alwayes conserving a due reverence to those true holy lawfull and Oecumenicall assemblies assembled in the name of the Holy Ghost wherâ—of we shall give you an instance or two 15 Gregory the seventh excommunicated the Emperour Henry the fourth by vertue of a famous Councell holden at Rome in the yeere 1074. The Pope say the German Chronicles called a famous Synod of Bishops and other Ecclesiasticall Prelates at Rome in which Councell divers things to bee observed by all Christians concerning the Popes authority were enacted and ordained There also was Henry afterwards excommunicated as an enemy and persecuter of the Church Platina hath set down the forme of that excommunication An English Monke doth ascribe it to the Councell of Cleremont but he doth but equivocate in that unlesse hee meane that it was repeated there Yet for all this the Bishops of Germany did set so light by it that the next yeere after being Synodically assembâ—ed at Brixin in Austria they deposed Pope Gregory and chose Gerbert Archbishop of Ravenna in his stead calling him Clement Henry desiring to secure the fluctuating and troubled estate of the Church they are the words of the same Chronicle called a Councell at Brixin a City in Austria where he assembled all the Bishops and Abbats which were of his opinion against Pope Gregory In which Counceâ—â— they by their decrees deposed Pope Gregory in his absence from the See apostolique as a perturber of the Church and a wilde headed Monke for he was a Monke before he was Pope and chose in his place Gerbert Archbishop of Ravenna Afterwards he sets downe the very words of the Decree Platina though an officer of the Popes affirmes as much Then saith he Henry being rather incensed than admonished by these censures having assembled a company of Bishops ill affected like himselfe he created Gerbert late Archbishop oâ— Ravenna Pope and called him Clement The Councell of Cleremont holden under Vrban the second and where hee was personally present in the yeere 1094. or as others are of opinion 95. made the like attempt to excommunicate King Philip in his owne kingdome by reason of his marriage and againe in a Councel holden at Poictiers not long after by the Popes Legates In this Councell saith Matthew Paris speaking of that of Cleremont Pope Urban excommunicated Philip King of France And another English Author In this Councell the Pope excommunicated King Philip of France and all such as should call him their King or their Lord and which should obey him or speake unto him In like manner Ivo Bishop of Chartres speakes of them both By reason of this accusation King Philip was excommunicated by Pope Urban at the Councell of Cleremont and having resumed the same wife after he was divorced from her he was afterwards excommunicated at the Councell of Poictiers by the two Cardinals Iohn and Bennet Notwithstanding which excommunication he was crowned by the Archbishop of Tours in a full assembly of other Bishops Know you therefore saith the same Bishop of Chartres in a letter of his to Pope Vrban whose partisan he was that contrary to the prohibition of your Legat the Archbishop of Tours hath set crowne upon the head of the King He speakes afterwards of the election of a Bishop made at the same time by those who were assembled with the said Archbishop And in another epistle of his to one of the Legats of Pope Paschal the second Certaine Bishops saith he of the Province of Belgia crowned the King upon Whitsunday â—ontrary to the Edict of Pope Vrban of happy memory In another Epistle formerâ—y writ to the same Vrban he gives him to wit how Philip had sent Ambassadours unto him with prayers in one hand and threats in the other such as these That the King and Kingdome would relinquish their obedienec to him unlesse he did restore the King unto his crowne and absolve him from the sentence of excommunication And afterwards he advertiseth him how the Arch-Bishops of Rhemes Sans and Tours had by injunction from the King appointed their suffragan Bishops to meet at Troyes the first Sunday after All-Saints day after he should have returned his answer Whence we collect two things first that the Bishops of France did not cease to acknowledge their King nor to obey him and communicate with him notwithstanding the prohibition from the Councell of Cleremont next that they were very ready to put in execution those threats which the Ambassadours went to make unto the Pope in case he did not condescend unto the Kings pleasure And yet that was as renowned a Councell as this of Trent if not more where the Pope himselfe was present in person where that great Croisada for the holy Land was concluded upon and one of our Historians speaking of it calls it in terminis The great Councell In the yeere 1215 Innocent the third in a generall Councell holden at Rome did excommunicate Lewes the eldest sonne of Philip Augustus King of France with all his adherents The same yeere saith an English Monke upon S. Martins day was there a generall
law wee would declare how we may live in peace and quiet 40 I am not ignorant that many examples may bee urged to the contraryâ— and that in many Councels there were no Lay-men at all at least for ought we know I grant it but I would have it acknowledged withall that they might have beene there and that it belongs to Princes to admit Lay-men when they thinke good as Marsilius of Padua holds and we shall prove hereafter Neither will I maintaine that it is necessary they should alwayes be admitted but onely upon great occasions about some weighty matters and in case of urgent necessity When we speake of Lay-men we meane onely the learned not the ignorant for as for these whether Lay or Clergy they are good for nothing but to make up the tale and therefore have nothing to doe to goe there this is the opinion of Cardinall Cusanus There saith he where the sentence of definition goâ—s by plurality of voices and not by consent and unanimity it is good reason that discretion wisdome and authority should be considered that the judgement of fooles who are ever the greater number may not overbâ—are the opinioâ—s of the wiser sort So then we maintaine that the learned ought to bee admitted by a reason which is backed with authority and that is becaâ—se what concernes faith is a common case to Lay-men as well as Clergyâ— and therefore when there is any controversie about it every man ought to deliver his opinion Pope Nicholas hath said as much in down-right termes Faith saith he is catholique and commune to all it belongs as well to Lay-men as Priests Yea to aâ—â— Christians Hee speakes expressely of Lay-mens assisting at Councels whom he would have admitted when controversies of faith are handled 41 Let us apply this to our Councell of Trent There were deepe points of faith handled in many Articles of it therefore the lay-men should have been called and admitted and have delivered their opinions 42 Bellarmine shifts it off after his way when hee limits the admittance of Lay-men to Councels spoken of by Pope Nicholas to these ends onely that they may see and heare what passeth but not judge This glosse corrupts the text which speakes without distinction besides the cause being the same both in reâ—pect of Clergy-men and Lay the effect should likewise be the same 43 The second reason is the abuses which have been committed by these many ages in the disposall of Bishopricks and benefices whence the number of the learned Clergy hath beene more impared than it were to bee wished it had and is so at this day Marke what Marsilius of Padua said of it above three hundred yeers agoe Nowadayes saith hee by reason of the corruptâ—on which is crept into the regimâ—nt of the Church the greater part of Priests and Bishops are but meanly skilled in holy Scripture and if I may lawfully say so this insufficiency comes by reason that some ambitious and covetous persons and Lawyers will needs purchase the temporall meanes of Church livings and doe so either by their services entreaties money or temporall power And God is my witnesse and the number of the faithfull that I remember and have seene many Priests Abbats and Ecclesiasticall Prelats so poorely learned that they were â—ot able so much as to speake true Latine Hence it follows that Lay men should be admitted into Councels considering withall that it was anciently accustomed At the most noted Councels saith he the Emperours and Empresses assisted with their officers for the resolving of Scripture doubts as appears by Isidores Code although there was no such necessity of calling in Lay men in those dayes as there is now by reason of the great number of Priests and Bishops which are ignorant of Gods Law 44 I doe not urge all these passages to offend the Ecclesiasticall order nor many learned Prelats now alive whom I much reverence for their learning and worth but only as suiting with the subject I have in hand I am certain they will in heart confesse what I say to be true That at this present there are some Ecclesiastiques which haue voices in Councels that are incapable of that priviledge And on the other side there have beene and yet are some Lay men of all sorts well skilled in Divinity however they make no profession of it Being then in the danger we are the fire being kindled through all parts of Christendome by reason of religion the Turks pressing so hard upon us that if God be not mercifull to us our slavery is not farre off Is it not reason to conferre about these differences with all sorts of people to the end that some remedy may be found out for them There was a poore ignoramus that puâ—led a great Philosopher at the Councell of Nice possible the like may befall us The opinion of one godly man ought to be preferred before the Popes if it be grounded upon better authorities of the Old and New Testament saith the Paâ—ormitan Abbat Every learned man may and ought to withstand a whole Counâ—ell if he perceive it erres of malice or ignorance saith Mr. Iohn Gerson But where and how I pray you if not in a Councell Or to speake more properly where can they doe it more fitly than in such an assembly and how should they doe it there if they be not admitted 45 It will be replyed that they may be allowed to come there but onely to consult and so they will expound most places out of Couuncels and ancient authors For example that which Socrates saith of the Councell of Nice There were present saith he many very learned Lay men and well skilled in disputations that which was ordained at the Councell of Toledo concerning the assistance of Lay men at Councels that which we find recorded of the sixth generall Councell at Constantinople and of the seventh generall which was the second Nicene Councell at both which in all of their Sessions diverse Senators and officers of the Emperour did assist that which Durand Bishop of Mande saith in his treatise of Councels that which the Abbat of Panormo in his allegations for the Councell of Basil Cardinall Turrecremata and Cardinall Iacobatius who admittes them in diverse cases and amongst others in this very case whereof we speake Yet for all that I cannot see what they can answer to Marsilius of Padua who allowes Lay men to be judges in Councels for he would have all countries in the world and famous commonwealths following the ordination of their humane law-giver to elect out of faithfull men first of Priests next of others provided they bee fit men of an honest life and well versed in Gods Lawes And as for the places before alledged let them say what they will it is plaine enough in most of them that Lay men were admitted into Councels to give voices and be partners in the judgement
wee must doe them right some other way The glossator of the Canon law decides the first point when hee saith That he which hath been lawfully obstinate that is against whom the formalities required in case of obstinacy have beene observed before a judge which is suspected and refuseable is not bound to send a proctour there to plead the causes of his suspition nay it is not necessary to protest but even eo ipsâ— inasmuch as hee hath occasion to make refusall all the processe is avoidable The reason whereof in my opinion is because the judge that knowes himself to be suspected should have the modesty to refuse himselfe and not stay till it bee said unto him Forbear So the old Romans used to doe and it is the practice in France which hath been prescribed to us by our ordinances recusations have ever beene admitted with ease and oftentimes it hath been sufficient to sweare that the party refused was an injust Iudge without rendring any further reason It was to be wished that the Pope had asked his own conscience and examined whether he could be judge in the case in hand seeing that he was accused and taken for a party himselfe and he also presecuting the condemnation of his enemies those whom hee had pursued with fire and sword and condemned already by his Buls Which seeing he did not doe he is therefore the more refuseable and there is a flat nullity in all his proceedings 2 In the first place the Princes of Germany assembled with their Divines at Smalcald the yeere 1537 after they had proposed by the Vicechancelour of the Emperour Charles the fifth Matthias Held aâ—â— declared the reasons that withheld them from repairing to the Councell they published a writing to that effect the contents whereof were that a Councell where the Pope and his adherents have the commanding power ought not to be holden legitimate That the power of judging belongs not onely to the Pope and the Bishops but to the Church wherein are comprehended Kings and other States That the Pope in this case is a party That it is not only his power and excesse which is called in question but his lawes and doctrine and he is accused of heresie and idolatry That he hath already condemned those whom he intends to judge in the Councell That the Convocation of it is not such as was promised it should bee namely in a place of freedome and safety and that in one or other of the Cities of Germany But because the author of this narration may be suspected by some I will produce his adversaries Pontanus speaking of this assembly saith that the Protestants after much deliberation made answer that they would never give way to the keeping of the Councell in Italy nor that the Pope and his confederate should be presidents of it That the Pope and his favourits should condemne their doctrine however sound That they would not submit themselves to his tyranny 3 Laurence Surius is yet more â—ull for speaking of that very assembly hee saith The twenty fourth of February all the confederates made answer at large which answere I would here set downe if it were to any purpose They talked much of the Councell which they would have to be free and that Luther forsooth and his companions should have as much power and authority in it if not more as the Pope of Rome although it bee directly against the customes of antiquity And this they said not without many bitter taunts of his Holynesse saying that he had broached and at that present defended a doctrine not only contrary to the word of God but also to the ancient Fathers and Councels And anon after The last of February the Protestants made answer at large to the points proposed by Held but I am loath to set them downe The summe of all that they said is in their answere to the Councell set forth by the Pope For they plead that the authority of judging belongs not only to the Pope the Bishops but also to the Church in which Kings and Princes are comprized They might as well say Hucksters Catchpols Druggists Apothecaries and such like As if it belonged to Lay men to a Cook or a Cowheard to intermeddle with the questions and decrees of the Church 4 Henry the eighth King of England although he was then a Catholique made the like protestation for heark what Surius saith of him About the same time the King of England set out a booke wherein he shewed the little account he made of the Pope of Rome and that he would neither come nor send his Ambassadors to the Councell which the Pope had called and hee ever and anon put in good store of jerkes at St. Peter Considering what we have heard from Surius that which Sleidan relates will not now be suspected 5 Presently after saith he the King of England put forth a book in the name of himselfe and the Lords of the Land wherein he complained that the Pope took upon him to call the Councell a thing not in his power to doe and that he called it then when there was open warre betwixt the Emperour and the French King Besides the City of Mantua where he appointed it should bee is no sure place for all parts nor yet convenient For his part he desired a Christian Councell but hee would not goe to the Popes nor yet send his Ambassadours for their common practice is in such assemblies to oppresse Christ and his truth for their owne advantage Nor hath he any thing to doe with the Bishop of Rome whose Edicts and commandements doe concerne him no more than any other Bishops The custome was to call Councels by the authority of the Emperour and Kings and it were fitting that custome were put â—n ure againe especially in these times when the Pope hath so many vehement accusations laid against him And yet it would cost a man his life if any one shuold be so fool-hardy as to reprove him and accuse him to his face unlesse it were in a lawfull Councell Nor he nor his are secured by safe conduct and say he were there are such apparent dangers as it is not fitting hee should come there for it is no new thing with the Popes to breake promise and to staine and imbrue themselves with the bloud of innocents And however other men may safely go thither yet for his part he cannot and that for reasons wel known for the Pope layes snares for him and hates him mortally putting him out of favour with other Kingâ— as much as he can and this for no other reason but because hee hath caâ—t off his tyranny and withholden his Peter-pence which mads him so and the rather because hee is afraid lest other Kings by his example may ere long doâ— the like At this instant the Councell is prorogued till the first of November without any mention where it shall be
in that of Ariminum by the subtilty of the other who were backed with the favour of the Emperour Constantius 1â— But it is expedient we here set down the very words of a Sulpitius Severtus who hath well related the whole History After saith hee speaking of the Councell of Ariminum that they were all met they divided themselves into two companies ours tooke the Church the Arrians another place who were in all but foure score the rest who were three hundred and twenty were all of our side After many disputes and a delegation to the Emperour this was the issue Many of our men partly by reason of faint heartednesse partly of distemper which their long journey had cast them into yeelded themselves to the adversaries who after the returne of the delegates were now growne the stronger party and had bestowed themselves in the Church when they had expulsed our men and having once daunted their courage they ranked themselves in great troups oâ— the other side If we would here stand upon terms of non-admittance our case were desperate What would bee said against this Councell It is true Constantius the Emperour was inclined to Arrianisâ—â— yet for all that he allowed them to dispute with all freedome there were a great many more Catholiques there than other hee used no kind of violence against our men but onely commanded his Lievetenant not to suffer any body either one side or other to depart the Councell till such time as they were agreed yet so as hee should meat and maintaine them at his charges Only he ordained that in case they should come to accord so as not above fifteen dissented those should be banished The number of Arrians grew so great at last that the Catholiques were almost quite out of hopes But marke here one thing observable such as if others will not make use of our French ought to take notice of because it is a domestique example The Catholiques that remained being but a very few were so scrupulous that they would have no communion with such as had received the Councell of Ariminum Hilary on the other side thought it best to converse with them and to call them to such Councels as were frequently holden in France upon such ocâ—â—sions and hee wrought so that correcting them and advising them to repentance they almost all acknowledged their errour and in fine the Councell of Ariminum was condemned and true faith replanted in its former state See here how those that goe astray should bee dealt with see what use there is of the frequency of Councels That which cannot be done in one may be done in another A Councell is the touchstone to try doctrine by so it be free and not enslaved 13 Let us not then so rest upon the determinations of one Councell as not to be willing to come to another for notwithstanding all that passed concerning the Arrians the Councell of Aquilâ—iâ— under Theodosius the elder did not sticke to give audience to those that remained of that sect and dispute with them and convince them How necessary this Assembly was say the Fathers there will appeare by the event considering that Palladius and Secundianus those two enemies of God defenders of the Arrian sect who only durst come to the Councell after they were convinced of their impiety had such a sentence as they deserved passed upon them to their face And it appeâ—res by the Acts of that Councell that St. Ambrose disputed with them 14 The General Councel of Constantinople holden about the same time proceeded likewise to the condemnation of Arrianisâ—â— and that upon the advice which the Councell of Aquileia gave to the Emperours Gratian Valentinian and Theodosius who sent the letter to Constantinople 15 The third Generall Councell at Ephesus under Theodosius the younger had condemned the doctrine of Nestorius and yet for all that the fourth Generall of Chalcedon did not sticke to take it under hand againe as Isidore saith whose words are inserted in Gratians Canons to make one of the Popes Lawes 16 The Felician heresie was condemned in a Councell in Germany called by Charles the Great it was after that condemned by Pope Adrian and his Councell at Rome and lastly it was condemned at Francfort at a Councell called by the same Emperour whereof Rhegno makes mention In this Synod saith he the Felician heresie was condemned the third time 17 There are many moe examples of this kinde that have beene observed by such as writ before us we will adde but one more very proper for this discourse The second Councell of Ephesus had beene lawfully called and lawfully begunne Pope Leo had consented to it yea and sent his Legats thither also yet for all this the proces of it was illegitimate there were some quarrels practices and plottings of murthers after al that the Popes Legats retired themselves and protested against it yet neverthelesse it held on But what was the issue Leo rejected and detested it who had formerly approved it hee begged another of the Emperours and obtained it which was at last assembled at Chalcedon But to give a better lustre to this example wee must see what Leo saith at first and then we shall see what he said at last In his Epistle to that Synod at Ephesus he saith For as much as such things ought not to be neglected and seeing it hath pleased the most Christian Emperour to cause a Councell of Bishops to be assembled to the end that by more sound judgement all errours may be abolished we have sent our brethren Iulian a Bishop and Renald a Priest with our sonne Hilary a Deacon and Dulcitius the Notary of whose fidelity wee have experience to the end that they may assist in our stead in your holy Assembly to ordaine by commune consent with you such things as shall be well-pleasing to God Hee saith as much in other places and namely in an Epistle of his written to Bishop Iulian he saith he hath given sufficient instructions to his Legates Now let us see the other side In an Epistle of his to them of Constantinople hee saith Having understood what hath passed at Ephesus contrary to the judgement of all men we confesse our heart was much grieved and wee should never have thought that injury had got the head so farre had not our sonne Hilary the Deacon who was sent thither with others to supply our place in the Councel returned from thence by flight to scape the having a hand in an unjust sentence For when our Legats opposed the Bishop of Alexandria having usurped all power into his owne hands refused to give eare he drew the Clergy to his side against their wils and made them subscribe by force howbeit there was no reason at all to proceed to any condemnation And in his Epistle to the Emperour Theodosius Whiles particular interests are prosecuted under pretence of religion a fact hath beene committed
sous couleur de pieté L' eglise abonde en Simonie Et y a multiplicité De maux que s'ils sont de duree Nuiront à cette foy doree Eclipseront la pureté Tell the Pope I pray from mee That under colour of piety The Church abounds in Simony And such a many faults there be That if not mended presently They will eclips the purity Of faith that shines so gloriously 12 Francis Petrarch who lived about the yeere 1370 under the Emperour Charles the fourth and Pope Gregory the 11 reproving also an infinite number of abuses speaking of Rome under the name of Babylon and of his departure from thence in the 92 Sonet he saith De l' empia Babilonia ond ' è fuggita Ogni vergogna ond ' ogni bene è fuori Albergo di dolor madre d' errori Son fuggit ' io per allungar la vita From wicked Babylon from whence is fled All modesty all goodnesse banished Harbour of griefe mother of errours rife I fled in hopes so to prolong my life In his 20 Epistle he styles it The nest of treasons wherein the venome of all the world is hatched and brought up 13 Francis Zabarel Cardinall of Florence who lived about 1400 in a tract which he writ of the Schisme a little after the first Pisan Councell speakes thus concerning the reformation of the Head which as hee saith must bee done in a Councell These lawes are observable insomuch that they were not well considered of by divers flatterers that would often heretofore humour the Popes and who still perswaded them they might do what they list yea even that which is not lawfull and in that respect more than God himselfe For hence have ensued an infinite company of errours insomuch that the Popes have usurped all the right of inferiour Churches so that other Prelates are but cyphers and if God do not provide for the state of the Catholique Church it is like to goe to wrack But by the grace of God there is some hope of reformation if the Councell which is appointed in the Church doe indeed meet as it is reported it shall In which assembly order must be taken not onely for the present schisme but for the future also and the power of the Pope must be so moderated that inferiour powers bee not overthrowne and that from henceforth the Pope may not do what he will but what is lawfull 14 At the Councell of Constance there were articles put up by divers Natitions about the point of reformation wherein it was demanded amongst other things That there might bee a reformation of the head and Court of Rome Whereupon was enacted this good decree That the Pope whom they should create together with the Councell or such as should be deputed by every nation should proceed to the reformation of the head the members and the Court of Rome according to equity and the good government of the Church before the breaking up of the Councell But Pope Martin the fifâ—h being elected by them did ease them of that trouble putting off the reformation till another time to the great regret of many seeing it is ever to begin anew 15 The Cardinall of Cambray who lived about 1414 and was at the Councell of Constance in a certaine Treatise of his Of the reformation of the Church after he hath shewed the good that comes of the celebration and frequency of general Councels he addsâ— The second consideration is of such things as ought to be reformed in the Head of the Church that is concerning the state of the Pope and his Court of Rome And he afterwards speaks of the abuses of exactions excommunications the multitude of Canons and decretals presentations to benefices elections to dignities granting of exemptions and many such like excesses which saith he it would be too long to relate which he desires may be reformed 16 Mr. Iohn Gerson Chancelour of Paris who was also at the Councell of Constance in a Sermon made by him upon the voyage of the Emperour saith It is expedient to doe so now before the election of the Pope in many things which concerne the state generall of the Church which the Popes abuse by too much using the plenitude of their power as in this that they will never keep any generall Councels nor suffer inferiour Prelats to enjoy their ordinary rights wherein they have manifestly erred without any manifest reason or convenience sometimes disanulling the decrees of generall Councels sometimes altering them sometimes expounding them at their pleasure sometimes granting priviledges and exemptions 17 Nicholas de Clemangiis one of the most learned and eloquent divines of his time who was contemporany with Mr. Gerson speaks also very bitterly against the See of Rome in divers tracts but especially in his booke De ruina reparatione Ecclesiae I shall set downe some passages in generall terms First saith he let us speake of the Head upon whom all the rest depends He afterwards addes For the supreme Bishops that I may come to them in the last place who by how much they see themselves ranked above others in greatnesse and authority by so much they labour the more to overthâ—ow them out of a domineering humour for the enlarging of their primacy and supreme power considering that the commodities of the Bishoprique of Rome and S. Peters patrimony which is very large and above any Kingdome though it have beene sufficiently curtalled by their negligence can no way suffice to maintaine the greatnesse of their state which they have purposed to raise high enough above all the Emperours and Kings in the world have cast themselves into those others flocks that abound in breeding in wool and in milke He afterwards specifies the loosenesse luxury vanities worldlines rapiâ—es vexations usurpations oppressions and other such like vices and abuses of the Popes and their Court. In another book of his intituled De lapsu reparatione justitiae he shewes that the Court of Rome hath infected France by comming there specifying all the vices and blemishes which are communicated unto it and those no small company 18 Lastly saith he there was a time when the Apostolique Bishop being vexed with the tyranny of the Italians made choice of France for his seat and for all tâ—e Court or Rome supposing he could not â—inde assured refuge elswhere to whom I could wish the strength of France had never proved a staffe of a reed as it was a long time before foretold that it shouldâ— what was it else that brought France upon the suddaine into these miseries making her fall away from that eminent glory which made her flourish above al other nations but that degenerating from those ancient vertues which adorned her with such an excellency of honour she is changed from valour to cowardise from diligence to sloath from honesty to ignominy from gravity and constancy to a wanton lightnesse from
delivered by him at large concerning this point it shall suffice us to recount the proverbiall speech of that Pope England said he is indeed the garden of our pleasures an exhaustible pit and where there is abundance out of much much may bee taken This proverb was received with all honour and reverence by his successour Alexander the fourth who sent one M. Rustand into England who rifled the purses of the poore Clergy-men soundly with the aid and assistance of the Bishop of Hereford who was licensed by the Pope to borrow money in the name of the Abbeys and Monasteries and to pawne their goods for the payment thereof Which he so effected that the money went to the Pope but the bond laid upon the Abbats and Priours which they were compelled to pay together with the costs and damages and interests The pretence was that that money should be imployed to the use of the Abbeys and Monasteries But for feare least the jugling should bee discovered he tooke a course to hinder the thing from ever comming to tryall by any meanes whatsoever An English Historian after he hath delivered this relation addes these words These things and others like detestable O shame O griefe did spring at that time from the sulphureous fountaine of the Church of Rome The same M. Rustand had commission to levie the tenth of the goods in England Scotland and Ireland and to raise some other great and intolerable exactions with injust actions and contumelious speeches heare what the â—ame Authour sayes of it At that time Rustand called all the Bishops of England together at London by virtue of the Popes authority to heare his commission where being met after the faculties of the said Rustand were read he brake with them requiring of them all an infinite summe of money by virtue of certaine writings full of injury and injustice which might have deeply wounded the hearts of the most patient men if that sum had beene levied the Church of England yea the whole kingdome should have undergone a most base servitude and beene throwne into an irrecoverable poverty Afterwards he commanded his debts to be discharged by the English Clergy writing to this or that Bishop by name to pay such a sum excommunicating such as were refractory There are an infinite examples of the like nature recorded by Historians from age to age which witnesse unto us that this is not a fault personall but perpetuall and Papall 31 Nor hath England only made these complaints France also hath divers times groaned and appeared to bee in a kinde inslaved Nicholas de Clemangiis a French Devine makes a long and ample description of the taxes and subsidies of the Popes amongst which he ranks the imposition of tenths divers other tributes What shall I say of the spoyling of Prelates of the too too usuall tenths and of other taxations And a little after What should I doe setting down particularly an infinite company of other tributary impositions which are dayly exacted of the most infortunate Clergy The Pragmatique of S. Lewes is very observable concerning this point Item we will not in any wise that there bee any levie or collections made of the charges and exactions of moneys imposed by the Court of Rome upon the Churches of our Realme by meanes whereof our said Realme hath beene impoverished Nor is it lesse considerable which Matthew Paris relates to have happened under that Prince About the same time saith hee the Pope sent his authentique letters to all the Bishops in France in particular by his solemne Nuncioes to the Predicants and Minorites intreating them that every one of them according to his ability would furnish him with a certaine summe of money which hee would undoubtedly repay so soone as he begun to get breath This comming to the Kings eare who suspected the avarice of the Court of Rome hee sent out prohibitions that no Prelate of his Realme should impoverish his countrey in that kinde upon paine of forfeiting all his goods And so those sophisticall Legats of the Pope upon whose shoulders this charge was laid returned out of the Realme emptâ—-handed with hissings and mockings He means Innocent the 4 in whose time King Lewes raigned the yeer 1247 what time this was done This was the Pope who so soone as he was come to Lyons to hold his Councell wherein he excommunicated the Emperour Frederick made such a pitifull complaint of his poverty and the great summes of money which hee ought that our French Prelats shifted themselves to their very shirts to exercise their charity towards him without sparing either gold silver moveables apparell vessels horses or other things whereby hee got an inestimable treasure 32 But the story of the Abbat of S. Dennis is memorable who having extorted great summes of money out of his Abbey to present unto the Pope as others did in hopes to be made one day an Archbishop S. Lewes the King as Patron of that Abbey compelled him to repay the said summe out of his owne purse Charles the 6 in a Decree made February the 18 1406 They take occasion to reserve the first-fruits in the vacancies and to extort great summes of moneyâ— wherby the kingdome is exhausted and to thrust themselves upon the Popedome for to enrich and preferre both them and theirs And in another Decree made the same yeere he accounts this amongst other extortions Imposing tenths and other subsidies at their pleasure without ever consulting with the rest of the Bishops about it in the raising whereof there is no meane observed either of justice or equity And in another made in March 1418. That an infinite deale of gold and silver and rents were transported out of the Kingdome and the Province of Dauphiny to the prejudice of the ancient customes and the undoing of the Realme to the irreparable losse and damage of the Common-wealth and the miserable desolation of the Churches aswell such as were of royall foundation as others We will here relate what Marsilius saith of tenths So that this Bishop speaking of the Pope seeking to get this jurisdiction over earthly Princes although wrongfully by such a kind of distribution or donation of such like temporall matters of benefices and tenths which when I looke upon all Kingdomes at once doe amount to an inestimable deal hee may stir up a great deal of sedition and indeed hath ever hithertowards so done and doth yet more especially in the Catholique Empire of the Romans 33 The Popes do likewise claim unto themselves the spoyles and inheritance of the rest of the Clergy therefore have denyed them so much power as to make their wils and dispose of their owne goods Concerning which wee have already heard the testimony of Nicholas Clemangius let us now heare what Marsilius of Padua saith Adde hereunto saith he a new branch of that root how that the Bishop of Rome by virtue of that plenitude of power hath
forbidden all such as have any Ecclesiasticall preferments in what place soever to make any testament without leave from him and hath decreed that their goods shall devolve immediatly to his See whether they dye intestate or otherwise Charles the 6 in an Ordinance of his dated October 6 1385 registred in the old booke of Ordinances which is at the Parliament of Paris folio 114 That our judges doe not in any case permit the goods of such as die to bee transferred to the Pope but to their heirs or executors or others to whom the said goods of right appertaine And in another of the 18 of February 1406 Certaine Coâ—â—ectors and other the Pope of Romes officers particularly for his moneys have for some yeeres of late oppressed and vexed the Church and Churchmen of our Realme and Province of Dauphiny by an insufferable slavery in seizing upon the goods of the Bishops and Clergy men both Regulars and Seculars presently upon their decease Matthew Paris saith that Innocent the 4 made a constitution touching this point Hereupon he made saith he a new and unheard of law that if any Clergy man from thenceforth should die intestate his goods should be converted to the Popes use Matthew Westminster confirmes it The Pope saith he speaking of Innocent the 4 reached out his hands further to get and grasp within the clutches of his covetousnesse the goods of all such as dyed intestate not without wrong and damage on the behalfe of Princes And even till this day they exact and levie certaine taxes of the Stues and Courtesans whom they tolerate by reason of that infamous gaine which they reap from thence Nicholas Clemangius doth abhorre this villany I purposely passe over those things saith he which it is a shame to speake as the open toleration of whoredome for a certaine yeerely summe and the publique permission of whores and Concubines who are now called by a common by name YEERLY KINE And thus must those verses of Mantuan bee understood unlesse wee will put some mysticall sense upon them Roma ipsâ— lupanar Reddita foemineo Petri domus oblita fluxu Ad Stygios â—let usque lares incestat Olympum Nidore hoc facta est toto execrabilis orbe Rome now a stew's where Peter once did dwell Infect with female flux doth beastly smell Downe to the Stygian vaults up to the skyes And is growne loathsome in the whole worlds eyes It will not be amisse to adde in this place what the Deputies of Paul the third said concerning this point in their consultation about the reformation of the Church Besides the whores in this City passe along the streets as honest women and ride upon their mules attended on the high light day by the chiefest servants or retainers of Cardinals and by Clergy men Wee have not seene the like corruption in any othâ—r City save this which is an example to others Besides they dwell in the fairest houses This vile abuse ought to be corrected CHAP. V. Exactions under pretence of a Holy VVarre 1 BVt behold a kind of sacriledge which outstrips all the rest Namely that they have divers times served themselves of Croysada's for the conquering of the Holy Land or making warre against the Turks to make a hand and scrape up money by that meanes Matthew Paris relates it thus At the same time my Lord Legat received a commission from the Pope to wipe faithfull people of their money by another tricke in such sort as shall appeare to the observing reader in this following script Such and such a Bishop to our welbeloved sons all the Archdeacons within our Dioces greeting We have received letters from my Lord Legat the tenure whereof runnes thus Otho c. Being given to understand that certain English men crossed for the Holy wars which are not of ability for that service have recourse unto the See Apostolique to bee absolved from the vow of the crosse which they had made having also received a coÌ„mission from the supreme Bishop not only to absolue them but also to compell them to redeeme their vowes being pleased herein to ease them of some paines and charges wherefore we command your fatherdome by virtue of the authority committed unto us withall intreat you that you cause this power of ours granted by our holy Father the Pope â—o be forthwith published throughout your Dioces to the end that the said crosse-bearers may repaire unto us to receive that courtesie according to the forme prescribed unto us Speaking of the Councell of Lyons under Innocent the fourth where the Croisada for the conquering of the Holy Land was agreed upon 2 As for the businesse of the Crosse saith he there were somethings determined at the Councell very profitably and wisely but as soone as the contribution of money was mentioned they contradicted the Pope openly and to his faceâ— even because of that addition which was generally odious That they should contribute their aid and reliefe by the hands of such as should be appointed for the purpose by the providence Apostolique for as much as the faithfull in the Chuâ—ch have very often complained that they have beene cheated by the Court of Rome of the money which they bestowed for the maintenance of the Holy Land 3 A German Monke and Historian chargeth Leo the tenth with levying a great summe of money for himselfe and his Cardinals under pretence of a warre against the Turke At the same time he created saith hee other thirty Cardinals of whom he received by compact fifty thousand crownes hee had put them in some faire hopes but being either not able or not willing to performe his promises truely out of S. Peters patrimony however to stop their mouths and keepe covenants he invented this meanes or rather this cheat and cosenageâ— to send foure of his Legates into divers parts of the world to levie a huge masse of mâ—ney under pretence of a war with the Turke And that with many indulgences to the end that he might deal amongst those new creatures of his the Cardinals all the money that was collected by this device Hee addes another trick no lesse impious than the former Otherwhiles saith he he is inforced with great greedinesse to scrape up money by hooke and crooke out of all parts of Christendome but especially out of Germany by means of his Commissaries sent with his indulgences under colour of building and repairing S. Peters Church howbeit Pope Iulius his predecessour who begun that work with great care and magnificene left an infinite treasure to that end Yet the worke begunne goes but softly and slowly on and no marvell considering that the stones which are hewen by day are as it is reported secretly carried away by night to the great Palace of the Medici at Florenceâ— which is now a building and the money which was collected is not bestowed upon the building nor imployed against the Infidels but distributed amongst
were true which the Pope alledged or no providing that in imitation of the Kings of Spaine the Clergy did not meet to determine such controversies elsewhere than in the Kings Court. On the other side he writ to Arteaga his Proctour at Rome to goe and greet the Pope with all reverence and offer unto him in his name not only the tenths of his Dioces but even all the commodity all the moveables of the Churches all the gold and silver coyned or uncoyned which could be found in the Priests coffers and the Chappels and Churches but that he should earnestly intreat him withall openly to declare his purpose and resolution concerning the preparation of the Holy Warre For he would never be a meanes to make the Spanish Clergy tributary whom hee had appeased having been already in some commotion without very just cause He injoyned his Proctour also to inquire diligently what was the determination of the Councell of Lateran concerning those tenths Arteaga having informed the Pope of these things together with Lawrence Putius and Iulius de Medicis Cardinals the Popes privado's they made him answer in this sort That the Pope had not as yet imposed any tenth upon the Clergy neither by authority of the Councell nor otherwise Nor would he impose any but in case of extremity and when his affaires did not only require but compell him so to doe according to the last Decree of the Councell of Lateran But he laid the blame upon Iohn Ruffus Archbishop of Cosenza the Popes Nuncio in Spaine who had as they said divulged these things very iudiscreetly Wherefore the Clergy of Spaine might sleep secure for ought that concerned the paying of tenths And there was besides a Bull of the Popes shewed to the Proctour which was shortly to bee published which concerned the Act of the Lateran Councell Yet Ximenius so soone as hee understood all these passages from Arteaga did not let for all that to call the Clergy together who met all at Madrid a little before hee went to Tourverte For Peter Martyr who was present at that Synod as Proctour of the Church of Granada as appeares by his epistles declares how that it was adjudged by common consent to deny that tenth which consultation was commended by the Archbishop of Toledo promising to patronize and defend it if need required It is also plaine out of the Epistles of Bembus set out under the name of Leo that this tenth was really exacted and that it was no flying rumour or opinion But as I thinke in Italy only or other of the Popes dominions CHAP. VI. Of other demandes concerning the abuses of the Court of Rome 1 COnsequently to what we have already delivered in the former Chapters concerning the greedinesse and insatiable desire of the Court of Rome we will set downe this certaine complaints and demands exhibited by the States of Germany in this behalfe The first whereof shall be against the proviso's and clauses made at Rome concerning all maner of benefices to the defeating of the Patrons both Ecclesiasticall and Lay of their right of advowson by divers subtle fetches And all this for the great wealth the Court of Rome gaines by this meanes and which is brought in thither out of all the Kingdomes and Provinces in Christendome This demand deserved to have beene well considered of yet it was not it is attended with many grievous complaints hereof made in divers ages The Statutes of our Kings speake throughly of it and amongst others that of Charles the eighth of the 18 of February 1406 the words whereof are these Some yeers agoe the Popes of Rome in despite and contempt of the Decrees of ancient Fathers and Generall Councels have brought all Ecclesiastical dignities Cathedral and Collegiate under their disposall and all others of greatest value next after Bishopriques they have granted livings in reversions upon the Vacancie to any that would sue for them which hath beene an occasion for one to thirst after the death of another They have invented abundance of tricks whereby they have utterly annihilated the power and authority of the Bishops Chapters and Colledges insomuch that there is none now that hath the power to present to a living 2 S. Bernard toucheth this abuse to the quick in his books De Consideratione which he dedicâ—tes to Pope Eugenius Never tell mee of the words of the Apostles who saith Being freeâ— I am made the servant of all The case is far otherwise with you for to my knowledge there come unto you from all parts of the world ambitious people covetous Symoniacall sacrilegious adulterous incestuous and such like monsters of men to obtaine or retaine Ecclesiasticall dignities by your Apostolique authoritie c. 3 The Bishop of Mende put up this abuse in the Councell of Vienna to bee reformed For after he had said that every Bishops jurisdiction ought to be preserved intire to himselfe he addes That Ecclesiasticall benefices which belong to the collation and disposall of Bishops are bestowed by the Sâ—e Apostolique and others even before they be void and that not only in the Court of Rome but out of it howbeit the Bishops must give an account of the cure and of those that execute them whose consciences they are utterly ignorant of in asmuch as they are none of their preferring He would never have demanded the reformation hereof unlesse the abuse had beene notorious 4 Marsilius of Padua his contemporaâ—y tels us as much The Bishops of Rome saith he reserve unto their owne power immediatly the bestowing almost of al Ecclesiastical Preferments yea even unto the meanest basest oâ—â—ices yea of such as may agree to meere Lay men for any thing that concernes Churches by meanes of which reservation they abrogate and make void all elections how legally soever they were made though of approved and sufficient men 5 The Cardinall of Cambray puts this also amongst those things which ought to be reformed in the Church It is further expedient saith he to provide against certaine grievances which are offered to other Prelates and Churches by the Church of Rome namely about bestowing of livings and election of dignities Nicholas de Clemangiis makes a very bitter complaint against it in his Book De ruina reparatione Ecclesiae where speaking of the Popes he saith They have arrogated unto themselves the right of disposing of all Churches in all places as farre as Christian Religion reacheth of all Bishopriques and dignities which are conferred by election voyding and disanulling the Decrees formerly made by the holy Fathers with so much care and commodity that so they may by this meanes fill their owne budgets the better And a little after But it may be peradventure that the Bishops of Rome tooke the creation of other Bishops and disposall of the highest dignities in the Church into their owne hands quite abolishing all elections to the end that by their providence the Churches might be the
State Hee that is curious to see this prophecie may finde it amongst the vulgar revelations Now that the Kings of France now reigning are descended from Charles the Great the Popes themselves confesse as Innocent the 3 who after hee had made mention of Charlemaigne hee addeth Of whose race this King viz. Philip Augustus is descended and by consequence all the rest of Hugh Capets line Whether this prophecie be true or no I referre my selfe to other mens judgements I will only say that it seemes this reformation is destined to come from France considering that in the greatest distempers of the Church our Kings have ever put to their hands with the formost that they have ever either wrought or procured a reformation That they have been instigated and exhorted so to doe by the words and writings of the learned men of their times as wee shall elsewhere observe That they have preserved the libertiâ—s of the Church within their Kingdome more than any besides That at this instant all men of understanding cast their eyes upon them as they who must be the restorers of the Church and which have more ability to do it now than ever When God hath appointed it to bee done hee will touch their hearts CHAP. XIV Of Cardinals 1 AFter wee have done with the Pope wee will speake a word of the Cardinals The Emperour Ferdinand desired they might bee reduced to a smaller number the Councell hath determineâ— nothing about it and yet nothing could be more justly demanded that great company stands in great charges they have need of many incomes to maintaine them Hence mainely doe proceed an infinite company of abuses raigning now adayes which the Pope must dispense with to ease his coffers of so much for there is no good reason hee should create such great Lords as they are to starve them for want of sustenance Besides the publique must ever be sensible of it Christian Princes and their Kingdomes must pay deare for their folly though they bee hardly able and all must light upon their shoulders 2 This is not the first time this reformation hath beene demanded it is above an hundred and seventy yeers agoe since one of their own order complained of it namely the reverend Cardinall of Cambray in his booke De reformatione Ecclesiae for amongst other wayes which hee proposeth for the lessening of those monstrons exactions which were made in his dayes in the Court of Rome hee puts this for one The diminution of the number of Câ—rdinals that so their multitude may not bee so great and burdensome as it hath hitherto beene That it may not be objected to the Court of Rome Thou hast multiplied thy people but thou hast not growne greater it would be expedient to take an order for the meanes of Cardinals and other Clergy-men so as it may not be lawfull for them to enjoy that prodigious and scandalous plurality of benefices of which abuse the ancient Sages have complained and amongst them William Bishop of Paris 3 It will not bee amisse to set downe also the complaint of a French man of our own Nicholas de Clemangiis in his tract De ruind reparatione Ecclesiae who after he hath exclaimed against their pride and vaine-glory But omitting their vanity saith hee who can sufficiently expresse the infinite and insatiable hunger of their covetousnesse First of all what greedinesse is this to hold such a number of repugnant and incompatible benefices They are Monkes and Canons Regulars and Seculars Vnder the same habite they enjoy the rights degrees offices and benefices of all religions of all Orders of all professions not two or three but ten twenty an hundred two hundred yea sometimes foure hundred even to five hundred and upwards And those no petty ones nor contemptible hut of the fattest and best and how great a number soever they have of them they are never content but would still have more They are daily suing for new graces new grants Thus they catch up all the vacancies and goe away with all Hee speakes yet more of this point but this must suffice for the present 4 See then a reason of great consequence for the lessening of their number and indeed it was one of the petitions which were put up at the Councell of Constance by all the Nations of Christendome and and which was set in the fore-front Of the number quality and Countrey of the Lords Cardinals 5 Vpon which Pope Martin tooke time to deliberate just so have his successours done ever hithertowards and for our Fathers of Trent it never troubles them A REVIEW OF THE COVNCELL OF TRENT BOOKE III. CHAP. I. Of the calling of Councels WEE come now to the grievances which are found in the Decrees of this Councell for as for the Canons wee meddle not with them and observe in the first place that whereas former Councels at least such as were free and lawfully called have alwayes cowed the Popes power when it swelled into an excessive greatnesse this hath run quite counter to the râ—st ascribing unto him a power truly soveraigne For the Pope now adayes hath absolute authority over all things in the Christian world The power both in temporals and spirituals is given unto him not only over Kings and Emperours but over Councels also So that when he shall please to wrong any man there is no meanes left to resist him Wee shall make this appeare so plaine that there shall bee no occasion of further doubting by setting downe here all the Decrees of the Councell which concerne this point 2 First it is to bee observed that Pope Iulius the 3 in his Bull December the 15 1551 ingrosseth to himselfe the sole right and authority of calling Councels Wee saith hee to whom it belongs as being now Pâ—pâ— to signifie and direct Generall Councels This is the Bull wherein he signified the continuation of the Councell of Trent which is inserted amongst the Acts â—f it 3 But this is not all yet for after hee hath declared that he will bee president in the Councell for the further manifestation of his high and soveraigne power hee addes Ordaining neverthelesse that whatsoever any man by what authority soever shall attempt to the contrary whether he know of this or not shall be void and of no effect Wherefore it shall not be lawfull for any man in the world to breake or infringe this present Act of our advice pleasure innovation and decrees or out of an audacious rashnesse to contradict it All these brags and bravado's were approved by the Fathers of that Councell inasmuch as the Councell which had kept Holiday for full foure yeers and beene adjourned to Bononia by Paul the 3 was brought backe againe to Trent by virtue of this Bull so that the Bishops there obeyed the Pope sans contradiction 4 So then hee challengeth the power of Convocation exclusively to all others wherein he is avowed by the Councell nay it is the
condemning of the Pelagians so Martinuâ— Polonuâ— And speaking of Pope Innocent the first who lived at the same time he saith indeed that he condemned Pelagiuâ— but it was not in that Councell whereto he neither gave consent for the calling of it nor had voice in the decision 13 Vnder the same Emperours there was a disputation and conference holden in the same City betwixt the Catholique Bishops and the Donatists where St. Austin was present and where all the Bishops of Africa both on the one side and the other were summoned to appeare Flavius Marcellinus one of the Emperours officers was made Iudge there to whom those who appointed the place of meeting direct these words Your greatnesse hath sent us through the Provinces according to the Emperours command and hath dispatched his edicts injunctions through all Affrica to the intent that all Bishops as well Catholiques as Donatists should come unto this conference within foure months 14 The Fathers of the Generall Councell at Constantinople in Trullo speake thus unto the Emperour Iustinian the second You ordained that this holy Generall Councell elected by the divine providence should be called together And anon Vpon this occasion we have written these holy Canons being assembled together in this Imperiall and religious City by your pieties speciall command 15 The Acts of the fourth Councell at Rome assembled vnder Pope Symmachuâ— shew that it was called by the command of King Theodoric then ruler in Italy Thâ—â— holy Synod assembled at Rome out of divers Nations by the command of King Theodoric c. 16 Those of the Synod of Aix the Chappell in Germany holden under the Emperour Lewes in the yeere 816 speake in this sortâ— Whereas the most Christian and glorious Emperour Lewes hath called a holy and Generall Councell at Aix c. He that writ the continuation of the History of Eutropius speaking of the Emperour Lewes the second the sonne of Lotharius saithâ— The royall Majestie opposed the Apostolicall dignity objecting to the Pope the ancient decrees of Fathers wherebyâ— it is not lawfull for a Prelate to excommunicate a Bishop without a Synod which Councell ought not to be called by the Pope but by the Emperour All this is spoken in favour of Iohn Archbishop of Ravenna whom Pope Nicholas the first had excommunicated 17 The Emperour Otho the Great after hee had admonished Pope Iohn the 12 and saw that hee would not amend his scandalous life Called a Councell saith Platina making all the Bishops of Italy meet to condemne that wicked person The Emperour Henry the 3 saith the same Platina having called a Councell after hee had there compelled Bennet the 9 Sylvester the 3 and Gregory the 6 as three most hideous monsters to renounce the Popedome he created Sindegerus Bishop of Bamberg Pope who was afterwards called Clement the 2. This was done in the yeare 1047 The Emperour Henry the 3 having called a Councell at Wormes consisting of 24 Bishops and divers noble men commanded that all the decrees of Pope Gregory the 7 should be cassed and cancelled 18 Radenicus speaking of the Emperour Frederick the first Supposing saith hee that after the example of the ancient Emperours as Iustinian Theodosius Charles c. the power of calling a Councell belonged unto himselfe And elsewhere hee makes Frederick speake in the same tone in that oration which he delivered to the Councell The Councell of Constance saith Iohn le Maire was assembled by the command of the Emperour Sigismond and by the common consent of the five principal Nations of Christendome namely the German French English Spanish and Italian for noting out of schismes 19 The Bishops thus called by the Emperours that wee may note this by the way were bound to goe to the Councels which is sufficiently verified out of those places wee have formerly alledged for the Emperours summons being legitimate it must needs follow that the parties summoned were bound to make their appearance But it is requisite wee prove it out of the Acts themselves for there are some of the Popes Advocates which run to this lurking hole Constantine the Great without any prejudice to those honours which he had granted unto the Bishops of the Nicene Councell writ thus to that of Tyre If there be any as I hope there are not who cunningly goes about to sleight our command and refuseth to come unto the Councell wee will send some from hence who shall dismisse him of his dignity to teach him that no man may contradict Imperiall ordinances made in behalf of the truth So the Emperour Theodosius when hee called that of Ephesus which was the third Generall Councell Nicephorus saith hee added thus much unto his letters That hee would not hold him excused neither before God nor man who should not make his appearance at Ephesus upon the day of Pentecost appointed For saith he hee who after citation to a holy assembly of Bishops doth not run with chearfulnesse hee gives us to understand that hee hath no good conscience There is yet this clause more So then wee being diligently employed about this businesse which wee have set our minde upon will not suffer any man to be absent without punishing him 20 Let us now returne to our former discourse Wee suppose our adversaries are so reasonable that they will content themselves with these many examples which wee have urged and I beleeve they will suffer themselves to be perswaded hereafter that the Councels wee speake oâ—â—ere not called by the Popes authority or consent If so those Historians which write of them doe grossely abuse us considering they never speake a word of it the Acts of those Councels which are yet extant amongst us for the most part must bee accused of falsity which are silent in a matter of such moment The Popes themselves have prevaricated in their own cause who have never mentioned their pretended consent when they speake of the convocation made by Emperours as when they make mention of the sixth General and the four first so much renowned Councels Hearken wâ—â—t Pope Gelasius saith to it in his Councel holden at Rome As for the four first Generall all Councels three of them were called by the Christian Emperours to wit the Nicene by Constantine that of Constantinople by Theodosius the elder and that of Chalcedon by the Emperour Martian Hee might have added the fourth at Ephesus which was called by the Emperours Theodosius and Valentinian Hearken what is said hereof in another place of the Decretes concerning the Councell of Millain The Emperour Valentinian desiring to put a Catholique Bishop in the Citie of Millain after the death of Auxentius the Arrian having called the Bishops together spoke unto them in this manner You know very well as being versed in Scripture what manner of man a Bishop should bee c. And afterwards The Synod desired him to make choice and nominate one
over General and Oecumenical Councels they stickle for it over others also Pope Symmachus tels us â—o very roundly The Councels of Priestâ— which by the Ecclesiasticall Canons ought to bee holden every yeere through the Provinces have lost their force and power inasmuch as the Pope is no longer present with them It is true indeed that Gregory the thirteenth when hee purged Gratians Decrets puts those words upon Damasus's adversaries and to helpe them for a shift the ensuing words upon him Silly fooles that you are did you ever read of ought that was determined in them but by appointment from the See Apostolique and without having constant recourse to that See to consult when any matter of importance was in hand 3 Yet still this makes the validity of these Councels to depend upon the Popes authority And Pope Gelasius is in the same tune saying That it is not lawfull to assemble any particular Councell nor was it ever permitted so to doe but when any question was to bee resolved either touching some doubtfull passages in Generall Councels or touching salvation recourse was wont to bee had unto the See Apostolique The severall Acts of Councels both Provinciall nationall and Generall holden in divers Countries may easily convince these domestique testimonies of falsity in asmuch as it is plainly evident from them that those Councels were holden without the presence authority or consent of the Popes and yet withall they made some Canons whereof the Popes afterwards served themselves and were well content they should be enrolled in their books 4 Wee have also divers presidents of sundry Councels holden against the the Popes as that of Rome called by Otho the Emperour against Pope Iohn the 12 about the yeer 956 Another called about 1040 by the Emperour Henry the 3 against the Popes Bennet the 9 Sylvester the 3 and Gregory the 6. That at Sutoy a town in Tuscany called by Henry the 4 Emperour against Bennet the 10 ann 1058 That at Brixine called by the same Emperour against Gregory the 7. about the yeere 1083 As also the first and second at Pisa the one against Gregory the 12 and Bennet the 13 the other against Iulius the second There is not one of all these which was either called or consented unto by them at first and I am much deceived if ever they were confirmed by them after CHAP. VI. That notwithstanding all these authorities the Popes doe arrogate unto themselves the power of calling Councels and how long it is since they usurped it 1 IT is not without good reason that wee have produced so many passages to prove by the testimony of all antiquity that the right of calling Councels belongs to the Emperours and not to the Popes and that their consent or advise was never required thereunto considering that if wee give ear to them there is no man how great soever hee bee in place that may interpose himselfe in this businesse but themselves And if wee must stand to their words it is a judged case Observe I pray you how they speake of it The power of calling Generall Councels saith Pelagius the second was by speciall priviledge devolved upon the See Apostolique by Saint Peter And Leo the first that so belaboured the Emperours Theodosius Valentinian and Marcian to obtaine leave of them that a Generall Councell might be called saith in a certaine epistle of his directed to a Spanish Bishop Wee have sent out our letters to our brother-Bishops and summoned them to a Generall Councell Sixtus the third saith Valentinian the Emperour hath called a Councel by authority from us So Pope Marcellus and Iulius the first affirme That Councels cannot bee holden without the authority of the See of Rome 2 As for Pelagius wee must tell him by his good leave that it is not true which hee saith and desire him to answer all the fore-cited authorities And for Pope Leo if the will may passe for the deed it was hee that called the Councell indeed for I doubt not but hee was as greedy of arrogating this to himselfe as the presidency for which hee was at daggers drawing with Dioscorus who as hee said had cozened him of it underhand But it may be hee goes not so farre as some would beare us in hand for he meanes onely of a Generall Councell of all the Bishops of Spaine but not of all Christendome The entire passage which is mangled and cited by Bellarmine is as wee have formerly alledged it conceived in these termes Wee have sent out our letters to our brethren and fellow-fellow-Bishops of Tarraco Carthagena Portugall and Gallicia and have summoned them to a Generall Councell And it seemes he much distrusted his owne power for hee addes But if any thing hinder the celebration of a Generall Councell which God forbid yet at least let the Clergy of Gallicia assemble themselves Now he that should grant the Pope this power of calling a Councell of the Bishops of Spaine should give him onely the authority of a Patriarch in the West but not in Africk nor in the East So that there is nothing gotten by this place for the calling of Generall Councels and for others we shall speak of them anon 3 Now for Sixtus we will demurre upon an answer for him till such time as he hath proved unto us that the Emperour called that Councell which hee speaks of by authority from him And for the saying of Marâ—â—llus and Iulius it is capable of a tolerable construction for they speake not of the calling but of the holding of Councels 'T is true indeed that for the holding of them they take too much upon them by the word Authority they should have used another terme for that is too imperious to expresse what they intend For all the authority they pretend to comes but to this That a Generall Councell cannot be holden unlesse they be called to it Which we grant to be true And this is the meaning of that old Ecclesiasticall Canon mentioned by some authours Which forbids the making of Decrees in the Church or as Bellarmine expounds it the celebration of Councels without the opinion and advise of the Bishops of Rome The application which Pope Iulius the first makes of it clearly proves as much when hee complaines that hee was not called to the Councell of Antioch where Athanasius was condemned charging them for that with the breach of that Canon Iulius saith Socrates in his letters to the Bishops of the Councell of Antioch tels them they had offended against the Canons of the Church in that they called not him to the Councell Forasmuch as the Ecclesiasticall Canon forbids the making of any Decrees in the Church without the opinion and advise of the Bishop of Rome 4 And Sozomen saith Iulius writ to the Bishops which were assembled at Antioch accusing them for seeking after novelties contrary to the faith and beliefe of the Nicene Councell and contrary to the lawes
like approbation in another Councel holden under him at Rome Yea further he approved the holy Scriptures and commandements contained in them Nay which is more all the Popes were wont at that time presently upon their creation to publish a profession of their faith and say their Creed according to a certain forme composed for them a peice whereof we yet read in Gratians Decree wherein they approved the eight Generall Councels and promised to keep and observe them There were other articles in that forme as the addition made by the authority of Gregory the thirteenth doth shew And it is probable they spoke of the Scriptures contained in the Old and New Testament yet will wee not affirme though that they tooke their authority from that approbation We shall observe by the way as a priviledge of our Kings that the Popes presently after their preferment to the Popedome were anciently accustom'd to send that profession of their faith unto them and it is to bee had to this day amongst the records of the Kings Treasurer under the name Benedictus as some of our French authours doe affirme 8 From all these passages we conclude that the confirmation of the Canons and Decrees of Councels which the Pope pretends to belong to him is of no more force and energy than that of other Bishops unlesse they will pleâ—â— this reason that the Pope had power to reject them and that those which he rejected were accounted for illegitimate So Damasus reprobated the Councell of Ariminum and gave the Bishops of Illyrium notice of that his rejection to which they conformed themselves but here it must be observed that this reprobation was made by the Councell of Rome and not by the Pope alone and that the Councell of Ariminum was generally condemned by all forasmuch as it confirmed Arrianisme 9 I shall willingly grant that the Pope upon good grounds might disallow a Councell and reject it of himselfe alone â—ut it must bee granted unto me likewise that it was lawfull for others to doe the like The Councell of Tyre having unjustly condemned Athanasius the Emperour Constantine writ some sharpe letters to them and commanded the Bishops of that Councell who were then removed to Ierusalem to come to Constantinople to render a reason of their fact and to justifie their sentence Saint Hilary rejected the Councell of Milan and writ against it Athanasius writes of the Emperour Constantius that hee served himselfe with the colour of a Councell to condemne him but that in very deed it was himselfe that gave the judgement against him He condemnes such a Councell as unlawfull and unjust This very reason doe we urge against the Councell of Trent Wee say it was but a Pope drest up in mummerie and which carried the name of a Councell that he hath taken too much power upon him in making the validity of Councels to depend meerly upon his authority Nay we say yet further that Emperours and Kings have farre more authoritie than he in the confirmation and approbation of Councels which we shall make evident by some examples 10 Eusebius in the life of Constantine witnesseth that hee confirmed the Councell of Nice The Bishops of the second Generall Councell write to the Emperour Theodosius on this wise Wee desire your clemency that you by your letters would confirme the Decrees of the Councell and command that it bee ratified and established In the first Action of that of Chalcedon it is said The Emperour Theodosius confirmed all that was decreed by the holy and Generall Councell And in the third Action the Emperour Martian said We confirme the reverend Synod by the sacred Edict of our serenity Pope Leo acknowledged that this kind of approbation belonged to the Emperour for being displeased with the second Councell of Ephesus to take order that it might not bee approved by the Emperour Theodosius he and all his Synod of Rome writ to him about it Both I and all the rest of the Bishop my Colleagues do beseech you most Christian venerable Emperor to command that all things remaine in the same state they were in before the holding of the Councell and the judgement there passed to bee suspended till such time as a great number of Clergymen may be assembled from all parts of the world And in another place All the Clergie entreat you with sighes and teares that considering those who were sent thither by us did faithfully oppose themselves against it and that Bishop Flavianus put in his appeale from it you would command a Generall Councell to bee kept in Italy The same Leo writ to the rest of the Bishops in commendation of the Councell of Chalcedon to the end that they should receive it as legitimate but it was as hee himselfe confesseth by command from the Emperour Martian 11 The Emperour Constantius prescribed the forme which they should goe by and the points which they should treat upon to the Councels of Ariminum and Seleucia and commanded them by his letters That so soone as they had passed sentence commanded them that ten of each Councell should come to the Court to informe him of their proceedings Wherein hee was obeyed by them Theodosius and Valentinian commanded the Oecumenicall Councell of Ephesus to send some of the Bishops unto them to acquaint them with the causes and motives of their deliberations which was done accordingly as appeares by the letters of the Councell to those Emperours Your piety being moved by our prayers say those good Fathers hath commanded that this Generall Councell should send unto you some of the Bishops and Religious to lay open all the causes and motives in your presence whereupon after thankes to God we have chosen out Arcadius luvenal Flavian Firmus Theodotus and Acatius Bishops Euoptius and Philippicus Priests and delegates for Celestine Bishop of the See Apostolique of great Rome whom we commend unto your sanctity desiring you to heare them graciously 12 After the second Councell of Nice called the seventh Generall was ended Those who had beene at the celebration of it saith Zonaras in the third Tome of his Annales repairing to the Citie of Constantinople they rehearsed the Acts of the Councell in the Imperiall Palace the Emperours presiding there in the face of the whole world which were approved and subscribed by the same Emperours We reade also that the Emperours did publish and promulgate the Canons and Decrees of Councels that they sent out proclamations concerning them that they dispersed them through the provinces to cause them to be observed with commination of penalties yea they directed them to the Popes themselves There are two severall Edicts of the Emperours Valentinian and Martian extant in the third Act of the Councell of Chalcedon whereby that Councell is confirmed 13 We have some pregnant examples in our Realme of France in case of such confirmations such were constantly reserved to our Princes by
might alter and change all things concerning manners and Ecclesiasticall discipline might lead all the world in a string and have them under his lash might hooke into his owne hands the election deposition and judgement of all Clergymen in a word this is put all in his hands There was no need of staying such a while at Trent to make up so many Decrees if they must afterwards send them to the Pope to cancell For it is well knowne hee dispenseth with them sufficiently himselfe so as there is no necessitie of enlarging his power any further They might have done better to have referred all to his discretion at first to clip and stitch them up at his pleasure The expences of so many armies might have been spared But see here a thing worth your observation All the Princes and people of Christendome grone after a reformation of the Church cry out that it must begin at the head from thence descend to the members The instructions given to the Ambassadours of the Emperor the King of France and all Germany are charged with it Pope Adrian confesseth it by his Legat in the Diet of Noremberg And yet for all this in stead of a pastorall staffe which hee had before they give him a club a two edged sword In stead of reforming the abuses they foment them in stead of extirpating them they increase them Let us now prosecute the other points 24 The Councell referres the exposition and declaration of such doubts and controversies as may arise about it solely and wholly to the Pope Whereupon we reply that if they bee pettie doubts they should as well bee resolv'd by other Bishops as by him seeing they are all expositours of Gods law which hath at least as much authoritie as the Councell of Trent And therefore by consequent the Councell of Trent derogates from their authoritie in ascribing that to the Pope alone which belongs unto them all But if there bee some great controversie in question the definition of it belongs to a Councell These Fathers knew it well enough when they said that the Pope might provide for it by holding of a Councell but the sting and venome is in the taile or by any other way as shall seeme to him to be most convenient The Councels of Constance and Basil did not use the matter so but piously ordain'd that from thence forwards Generall Councels should bee holden from ten yeares to ten yeares In which they were approv'd by the Pragmatique Sanction of Bourges This is the true meanes of expounding doubts of weeding out heresies of tilling the Lords field as it is said in those Councels 25 This keeping of Councels every ten yeares was found so necessary that the Pope was forbid to prolong the time howbeit power was given him upon just cause to abridge it Our Trent Fathers were of another opinion having this conceit that the Popes are much enamour'd of Councels in these times especially when it is lawfull for them to doe any thing they have lâ—ft it to their discretion to call them when they shall thinke good What I pray give a childe a rod to whip himselfe when he list with They have no lust to procure them although by this of Trent they are declar'd masters over them whereas by others they were but servants to them They are too apprehensive of the returne of thoâ—e former times Let a man but consider the mysterie of that of Trent five and twentie yeares must they pause upon the calling of it and spend eighteene years in the holding of it Why all this if not to chuse the times and seasons of purpose to dispose persons to their desire to alter their mindes to breake off the good designes of such as laboured a reformation to imploy them upon businesse to stirre up troubles and put all things in commotion that so they might reigne more powerfully and bring all things under their Empire 26 As for the approbation of it which was demanded at the Popes hands we have spoke so fully of it in another place that there is no need of adding any more to it We shall only say that those Fathers did meerly befoole themselves in their mysterie by ordaining that the Pope should confirm that which himselfe had made either at Rome from whence hee sent the Canons and Decrees ready made to their hands or at Trent where hee presided by his Legats But this was to make it appeare to every man that all depends upon him alone and that the rest of the world is but his footstoole 27 As for the oath of true obedience to the Pope to which Provinciall Synods are submitted by this very Councell wee say likewise that it is an unusuall thing yea unknowne in former Councels which were so farre from taking an oath of obedience to the Pope that on the contrary they opposed him when he out-rayed from his dutie and made him know that every one of the Bishops of whom they consisted was as good a man as he saving his Patriarchall dignitie which is common to him with others of the same Order Heare what the Bishops of the Synod of Metz say to Pope Nicholas who had excommunicated them We see thine anger and thy swelling power We doe not yeeld an inch either to thee or to thy pride and wee will make thee know wee are none of thy Clerkes as thou boastest thy selfe and art proud of it seeing that if thy passion would suffer thee thou should acknowledge us for thy brethren and fellow Bishops But we shall handle all that can bee said to this point in the genâ—rall question Whether the Pope bee above a Councell Wee will onely adde here that this obedience is of a new stamp and to be full assured of its noveltie we need but read the Councels holden in former times where wee shall finde no such thing That of Basil speakes at large of provinciall Synods in the fifteenth Session and prescribes them a forme which they shall observe and sets downe what they shall doe But it hath quite forgot this clause of obedience 28 It is also a thing notorious that the Popes proceeded to the creation of a great number of Cardinals during the time of the celebration of the Councel Onuphrius testifies that Pius the fourth in foure elections which he made created full fortie six before the end of this Councell Now by that of Basil in the fourth Session the Pope is forbid to create any Cardinals during the time of the Councellâ— The holy Councell ordaines by this irrefragable Decree that during the time of this sacred Councell the Pope of Rome absent in person from the place of this Sacred Councell nor ought nor can preferre any man of what quality soever to the dignity of Cardinall by any meanes or upon any pretence whatsoever 29 That which we urge touching the according of Christian Princes is not causlesse it is one of the functions belonging to
so much as hee pretendeth to and lesse yet over a provinciall Councell seeing in matters of consequence he can doe nothing without it and least of all over an Vniversall and Oecumenicall Councell Nor ought we to be moved at that which wee read in the same Acts That the Pope was wont to make Synodicall Decrees valid Seeing it will not follow from thence that therefore he is above a Councell but only that Councels that is Generall ones cannot bee holden unlesse hee bee called to them which is not peculiar to the Pope but common to him with the rest of the Patriarches as wee shew in another place 10 And as for particular Councels the Pope hath nothing to doe with those which fall not to his share but are held within the Provinces of other Patriarches and Metropolitans unlesse it bee to looke upon them And to this purpose that passage of Balsamon is remarkable The meaning of the Canons is saith he that the Patriarches should bee above their Metropolitans and the Metropolitans above their Bishops Hee saith not that the Patriarches and Metropolitans may doe all without the Bishops as our Councell would have it 11 Pope Hilary gives us plainely to understand that what is ordained by a Synod though it be but a Provinciall one is of more force by a great deal than what is done by authority of a Pope alone For being desirous to reforme certaine abuses which were current in his time he proposed the matter to the Synod which he had assembled in the City of Rome and saith afterwards And to the intent this may be the better looked to for the future if you please give us your advice and set your hands to it that so the gate to things unlawfull may bee shut up by the judgement of a Synod To which it was answer'd by the Synod Wee confirme it and declare it so to bee And from this very clause it followes that if the confirmation give any authority to the party confirming above that which is confirmed as Bellarmine pretends a meere Provinciall Councel shall bee above the Pope 12 Pope Iohn the eight having excommunicated Count Lambert and Count Adalbâ—rt and some others which had evill entreated him in Italy he came into France the yeare 870 where he called a Synod at Troyes consisting of the Bishops of that Kingdome and the Low Countries to desire their consent to that excommunication which they accordingly granted him This he would never have done if his authoritie had beene greater than the authoritie of Councels 13 The Pope otherwhiles at his creation was wont to take an oath to observe Generall Councels Pope Gelasius saith there is never an Episcopall See which is more bound to keepe the Canons of Generall Councels than that of Rome Howbeit at the end of his Epistle hee fals into the Popes disease The Dardan Bishops complaine of him for condemning Achatius by his owne authoritie without calling a Councell 14 Gregory the Great saith that hee reverenceth the foure first Generall Councels as the foure Gospels and that he holdeth the fift also in great esteem and presently addes Whosoever presumes to loose those whom these Councels binde or binde those whom they loose hee destroyes himselfe and not the Councels 15 The saying of St. Ierom which hath been inserted in Gratians Decree and therefore must be received at this day as one of the Popes sentences is of no meane consequence who being of opinion that Deacons are inferiour to Priests which hee proveth by many reasons to that objection made against him that it is otherwise observed at Rome he answers If wee must come to authorities the world is wider than one Citie let the Bishop bee in what part of it soever be he at Rome be he at Eugubium be he at Constantinople be he at Rhegium be he at Thebes he is still of the same merit and like priesthood The power or riches and the humility or poverty doth not make a Bishop greater or lesser Lastly they are all the Apostles successors But you will say unto me How comes it to passe then that at Rome a Priest is received into Orders by the testimony of a Deacon Why doe you object the custome of one Citie against me See here is enough to prove that the Pope is inferiour to a Councell seeing that which is practised in his Church cannot bee a law to others seeing the meanest among the other Bishops hath as much authoritie as he For if he be above a Councel then all the rest are so and if he deny it them hee makes a law against himselfe too What were the Popes a thinking of when they undertook to pronounce out of their owne mouth that which Saint Ierom spoke to their discredit The Glossatour it seemes tooke this for currant money when he collected from thence That the Decrees of a Councell prejudice the Decrees of a Pope when they are repugnant 16 All that is brought to stop this gutter is but lanternes and cresset-lights As namely that the Pope is Lord of the world that the question is there about a custome not ordained by the Pope that a Councell is not all the world To puffe away all this dust there needes no more but to compare what they say with the words of the produced passage He is Lord of the world say they And yet for all that Saint Ierom gives no more aâ—thoritie to him than to the sorriest Bishop Yes he is so but it is in spirit just as the Patriarchs of Constantinople and Alexandria and other such like which are nowadayes created by him He speakes say they of a custome not authorized by the Pope then Saint Ierom is beside the cushion when hee quarrels with the Pope himselfe about it But a Councell is not all the world Surely no not with the Pope to boot seeing he is but of the same size with another Bishop 17 I will helpe them to a better cudgell to beat Saint Ierom with Saint Ierom For as it seemes not remembring himselfe what he now saith to Pope Evagrius speaking to Pope Damasus hee saith This is the faith most blessed Pope which we have learned in the Catholique Church and which wee have alwayes maintained But if perchance there be ought amisse in it we desire it may be corrected by you who hold the See and faith of Saint Peter But if this my confession shall be approved by the judgement of your Apostleship whosoever shall reprove me will but shew himselfe an ignorant or malicious person or somewhat besides a Catholique to wit a heretique I will not here set downe what was patched to it afterwards seeing Gregory the thirteenth in his new edition hath confessed that it was a Pope that spoke it and not Saint Ierom. Besides that the passage there added taken all together plainly shewes that what is there spoken of this point is no more but a bare wish 18 See here now
in the 18 of St. Matthews Gospel Tell it unto the Church Where as it is collected from that which follows is signified the power of jurisdiction given to the Church Synodically assembled And there are many good writings upon that subject and divers â—estimonies of Scripture whereby that truth of the Councels of Constance and Basil is confirmed There have been infinite books and treatises writ of it already The second part is cleare inasmuch as the sonne the servant the Scholar is bound to obey his mother his maistâ—r his schoolmaister but the Church is the mother the mistresse and the pedagogue of all the faithful in Christ of which number the Pope is one though he be the eldest sonne and the chief servant styling himself not in a feigned humility but in a Catholique verity Christs Servants Servant and the principall among all the other disciples of the faith So then he is set as the rectour pastour and Doctour of the rest of the faithfull of Christ in Christs corporall absence who is alwayes mystically and spiritually present and by Christ the spouse of the Church the father lord and maister of the faithfull by the authority of Christ and of the Church his wife and Spouse which is another new Eve sacramentally taken out of the side of the new Adam sleeping upon the crosse and joyned in marâ—iage with him as th'Apostle witnesseth This is a great sacrament betwixt Christ and the Church not betwixt Christ and the Pope Whence it is easie to shew that the Church Synodically assembled is a judiciall consistory and supreme over all the faithfull of Christ. And from hence also the third part of the conclusion is evident inasmuch as no party can transferre or dissolve the Iudges Seat at his pleasure For if the Pope had this power he should bee above not under the Church using not a mere borrowed power of the Apostolique keyes but an absolute free Princedome a jurisdiction belonging to himselfe And hee should not bee only the Pastour and steward over the sheep and lambes of Christ but the King and Pastour of his owne sheep against that which is said in the last of St. Iohns Gospel Feed my sheep hee â—aith not feed thine own Besides if the part had power over the whole the thing contained over the continent the particular badnesse of the Pope might oversway the universall good of the Churches intention and the Popes pleasure should be a law to the whole Church And that Church which in one of the Articles of our Creed we beleeve to bee holy built upon the immoveable rocke of our Christian faith should be made subject to a moving to a moveable and erring Prince against which saith Saint Ierom neither vices nor heresies which are meant by the gates of Hell shall ever prevaile 3 The Vniversity of Erford was of the same opinion and gave the same advice concerning the receiving and approbation of the Councel of Basil which they directed to Theodorus Archbishop of Mentz in the year 1440 we will here set downe some passages of it Now it is fitting to set which of the two ought to bee obeyed whether Eugenius or the holy Councel having shewed the validity and subsâ—stence of the Councel of Basil the superiority and preeminence of the Councel is proved thus Although the Pope or supreme Bishop bee so the principall part of the Church or in the Church that there is no one member of the said Church or particular councel greater or more principal than he nor indeed so great as he is avowed and acknowledged to be by all those that have treated of the power of the Pope Yet no Catholique that will understand the maâ—ter can eâ—er doubt but that the whole Church or a firme and subsistant Generall Councel 〈◊〉 greater than he and his superiour in matters that concerne faith or the extirpation of schismes or the generall reformation of manners For this was determined by the authority of the Church Catholique at the sacred Councell of Constance and confirmed at the holy Synod of Sens and of Basil in these words That a Synod lawfully assembled in the name of the holy Ghost making a Generall Councell and representing the Church militant hath its power immediatly from Christ to which every one is bound to obey of what estate or dignity soever hee be though he be Pope in matters which concerne c. And although this declaration of the Catholique Church might suffice alone to prove the supreme authority of sacred Councels upon earth yet notwithstanding for the greater confirmation of what hath been spoken That the rest of the body of the Church excluding the Pope if he bee contrary to it hath this authority there may be brought both reason and experience and authority In the first place reason teacheth us c. After they have proved this in manner aforesaid at last they conclude in this sort Considering then that all General Councels are grounded upon such authority that if they be assembled about faith reformation of manners that which belongs thereunto every man from the least to the greatest is bound to obey them as also considering they cannot erre and that the sacred Councel of Basil continues firme and undoubted untill this day as hath beene proved From hence three things are inferred First That if a General Councell and the Pope though hee bee truely and reallie Pope be at variance and command contrary things the most illustrious Princes Electours and all other Christians ought and are bound to obey the Councel and leave the Pope The second that the sacred Councell of Basil and Pope Eugenius that was commanding contrary things they are bound to yeeld obedience to that sacred Councel and not to Eugenius Yea to account him no Pope seeing the Councel had power to proceed to the deposing of him for his disobedience The third that they are bound to obey the most holy Pope Felix who was chosen by the Councell 4 The counsell and advice which the Vniversity of Vienna gave to the Archbishop and Metropolitan of Salizburg upon his request made unto them is conformable to the former To the second namely whether the holy Councell of Basil had full power to proceed against Eugenius and to depose him and create another it is answer'd That the holy Ghost hath openly declared by the Organ of the sacred Councel of Constance that the Church and a holy Councell whâ—ch represents it hath such a power over any man whatsoever he be although he be placed in Papall dignity Afterwards they adde the Decree of the said Councell which hath beene here alledged already together with another of the same Councell made against those that doe not obey the commandements thereof though they be placed in dignity Papall And in another place 't is said It followes then that the Holy Ghost is there at the General Councel but not as a subject but as a supreme President from whom it is not lawfull
of Iulian the Apostat whose name thou hast borne for a long time Conveniunt rebus nomina and unfold and display the Apostolicall keyes and the three crownes in the field sleep in the watch-tower God knowes how bravely hee made the crosses crosiers and mitres to clash and flourish in the campe The divell himselfe durst not have come there For benedictions and plenary indulgences à poena culpa marched so thicke as nothing more And to prove this true in the moneth of August last past when I complained to one of the late Pope Leo's Chamberlaines of the inconstancy or rather disloyalty and treason of Pope Leo the tenth who against his faith and promise so solemnly sworne at the Parliament of Boloyne to the most Christian King Francis of France had declared himselfe the Kings enemy wondring with my self at the litle fidelity and loyalty of the moderne Popes more especially of the two last Iulius the Genoois and Leo the Florentine considering that in former times the Popes would have chosen to suffer death rather than breake their promise he swore and protested unto me that when Ferdinand King of Aragon came out of his countrey of Spaine into the City of Savoy the same Pope Iulius had sent him an absolution from the treason which was then hatched and plotted to cozen King Lewes of France He speaks more of this point than I was aware of for he joynes Leo the tenth with Iulius And if I were not afraid to be cenâ—ured that I went about to expose the personall vices of this Leo contrary to my protestation I could here represent him all loaden with vices and crimes It shall suffice me to referre the reader to those that have spoken of his life and amongst others to Langius a German Monke 27 See here then the two authors of this Councell of Lateran which is now opposed against the first and second of Pisa those of Constance Basil Siena and Lausanne and against our Pragmatique Sanction The former called it and the latter continued it The former triumphs victoriously over the Councell of Pisa and the latter over the Pragmatique Sanction and together with it over the Councels of Basil and Constance if wee may beleeve them in this point and let them alone here Wee may then affirme that this Councell of Pisa was lawfully called and upon just and necessary causes and on the other side that this of Lateran ought to bee reputed schismaticall and illegitimate being it was assembled by a Pope doubly perjured and contumacious onely to serve his owne passion to decline a reformation and live in disorder to make a mocke of that laudable designe of the Princes and Clergy who dreamed of the good of Christendome But the French are unworthy the honour of their nattion if they do not for ever detest and abhorre this pretended Councell which did so much mischief and trouble to that great Prince Lewes the twelfth which did anathematize him and interdict his kingdome which raised up armies on all sides to assassinate him which made the fields blush with bloud which caused the townes and kingdomes that did him homage to be invaded which pronounced a nullity and flaw against that which was ordained and decreed at the Councell of Pisa by the most famous Prelates and Vniversities of this Realme 28 Signauter dico which did interdict both the King and Kingdome for it is not Iulius alone but all his Councell In the third Session whereof was that thundering Bull of his made which remaines there yet all entire Out of which I have collected this piece With the approbation of the sacred Councell we condemne reject detest and declare to be void invalid and of no effect all the acts facts gests and writings published and ordained by the children of damnation Bernardin Caravaial William Brizonnet Renald de Pria and Frederic de Saint Severin heretofore Cardinals together with their favourers abettours and complices Schismatiques and Heretiques who endeavour to breake the union of the holy mother Church by the Conventicles of Pisa Milan and Lyons We doe likewise with approbation of the same Councell which hath full cognizance thereof renew our letters whereby wee have interdicted the Kingdome of France because of the approving favours assistance and adherence of the said King of France and other Prelates Officers Nobles and Barons of that Realme unto those schismatiques and heretiques for the keeping and continuing of that damned and reprobate Conventicle of Pisa. And we submit unto this interdict the said Kingdome with all the townes territories cities and other places whatsoever 29 I am not ignorant that after this Pope was dead the same King Lewes who had approved the Councell of Pisa by his letters patents of the 16. of Iune 1512 verified in Parliament came afterwards to dissolve and renounce it that he might joyne with that of Lateran which had changed the master and that because of the good affection which Leo the tenthâ— the successor of Iulius shewed towards him I know likewise that the Concordat betwixt the same Leo and King Francis was afterwards made which is recorded in the eleventh Session of that Councell and that afterwards in the same Session the abrogation of the Pragmatique Sanction and the Councell of Basil for as much as concernes the power of a Councell over the Pope was concluded But I answer that this Councell of Lateran was then but a meere Conventicle considering it had in all but sixteene Cardinals and what Patriarchs what the Popes assistants oâ— Orators but eleven with fifty three Bishops one Abbat and foure Generals Of which it was said by the Vniversity of Paris in the Act of Appeale put up by them That it was not assembled in the name of the holy Ghost This we urge of purpose against Bellarmine who holds that the Councell of Constance was not Oecumenicall for what concerns the Decrees of the fourth and fifth Sessions though there were to the number of two hundred Fathers because some schismaticall Bishops were absent Besides it is certaine that the abrogation of the Pragmatique and the Councell of Basil as touching the power of Councels over the Pope was never approved in France no more than in other places and this was it was disputed at the time of the Concordat and which they would never yeeld to 30 For proofe hereof there needs no more but the reading of the opinions of certaine Bishops in that Councel which are set downe in the eleventh Session then when that point was canvassed After the reading thereof say the Acts their fatherhoods were asked whether this Concordat pleased them They said all plainly that it pleased themâ— except the reverend Father Domenic Bishop of Lucerin who said the things contained in the Bull pleased him alwaies provided that the French accepted the other Bull containing the repeale of the Pragmatique Sanction Two other Bishops were of the same opinion but all the rest went along
three Bishops to Rome to assist at the Synod which shall bee holden there Which cannot bee referred to a Generall Councell And for the rest no body denyes but the Pope hath the same power in respect of the Churches which depend upon him which the other Patriarches and Metropolitans have 11 But let us grant what they say of him There is nothing got by it it is a domestique testimony and of one that is himselfe a party Hee that hath at other times disputed the presidence of Councels is now in question himselfe in his owne cause and his successours Besides wee have spoken sufficiently elsewhere of the approbations and subscriptions of the Acts of Councels which were desired at the Popes hands that they desired as much of other Bishops to mantaine the union and intelligence of the Church from whence no advantage will accrue to the Pope and yetâ— for all the Councel of Lateran makes this a strong ground as neither from that which the Councell of Constance did which our Lateran Fathers have put in the list too thereby tacitly approving it Of whom I demand lastly Why then do they not observe its decrees touching the power of a Councell seeing they can finde no flaw in them They take at nothing but the Councel of Basil and this poore Pragmatique and that by reason of the sawcinesse of them as they intimate unto us by those words Which was likewise observed by the Fathers of Constance which laudable custome if those of Bourges and Basil had observed without doubt we should never have all this adoe This for the point of approbation which Councels required at the hands of Popes Let us then leave our Bourgeois and Basilians there and confesse they were to blame to exempt the Pope from trouble But what had the Councel of Constance to doe with it that the Decrees thereof must be abrogated for this Besides is it not a fine argument to conclude that the Pope is above a Councel because that of Constance demanded the approbation of their Decrees at his hands whereas by the same Decrees they make the Pope inferiour 12 See here all their reasons saving that they urge the abrogation of our Pragmatique made by Lewes the eleventh and consequently of the Councell of Basil. To which wee cannot answer but to the shame of Pius the second who having wrought wonders against the Popes at the Councell of Basil having even writ the history of all that passed there with exceeding approbation thereof when hee came to be Pope urged King Lewes with the performance of a promise which he had extorted from him when hee was Dolphin of repealing that pragmatique as soone as he should come to the Crowne and he never gave over solliciting of him by letters and Legats till hee had his desire So then the pragmatique was repeal'd by this Prince with the advice of a few but was set up againe presently after with the consent of many having perceived the prejudice done to France by him We must confirme all this by good witnesses 13 M. Iohn le Maire relates many things about this particular it is fit we heare him Forasmuch saith he as the Popes are not content that the pragmatique Sanction be in force although it bee founded upon the holy Canons and authorized by the Councell of Basil But it derogates from the insatiable covetousnesse of the Court of Rome and therefore they say it is a pure heresie Pope Pius the second imagined by all meanes to perswade and put it in King Lewes his head to abrogate and put all downe under colour as the Pope pretended that the said Lewes when he was then but Dolphin had promised the Pope that when hee came to the crowne he would abolish the said Pragmatique And to bring this about presently after the Kings coronation Pope Pius sent the Cardinall Monke D'Arras for his Legat into France The Legat being arrived in France put the King in minde of fulfilling his promise and the King being willing to condescend to the Popes desire at least making a show of so doing dispatched his letters patents in ample manner directing them to the Parliament of Paris and sent Cardinall Balue thither to have the Decree of the Lords of the Parliament thereupon But when the â—ase was discussed the auditory of the Court being present the Kings Atturney called Iohn de Rome a sharpe man of great eloquence and courage straight opposed himselfe against it boldly affirming and maintaining that a law so holy so redoubtable and of so great benefit to the kingdome ought not to be repealed In like manner the Vniversity of Paris joyned with the Kings Atturney and appealed from all the Popes attempts to a future Councell At which things Cardinall Balue a wary malicious and stout man was much offended and used big words but all this notwithstanding hee returned to the King againe without doing any thing And so our Pragmatique continues still in force save that the King did afterwards bestirre himselfe to cause his letters patents to be verified 14 Now that he made this repeale without counsell we prove from Pope Pius out of his letters gratulatory which he sent to him thereupon Meane while we commend that saith hee that you have determined to disanull this Pragmatique without the assembly or advice of many as the same Bishop hath given us to understand Certes you are wise and you bewray a great King to governe and not to be governed See here the good counsell of the Popeâ— but which did not thrive very well with him for this default made all be cancell'd Malum consilium consultori pâ—ssâ—mum Let 〈◊〉 heare yet his other elogyes concerning that repeale You were reserved till these times to restore her liberty to the Church of Rome by abolishing errours that is the Pragmatique And in another passage You doe what is meet knowing that the Pragmatique is godlesse you have resolved to abolish it out of your Kingdome The rest may be seene in the authour himselfe 15 But let us here observe the inconstancy of this Pius who saith in his Commentaries of the Councell of Basil that every one held the conclusion of the Bishop of Arles who presided there in admiration concerning the authority upon a Councel against the Pope as undertaken by the speciall favour of the Holy Ghost saith he In another place hee extols the integrity and devotion of those Fathers with exclamation matterâ— Now our Pragmatique is nothing else but the marrow and substance of the Councell of Basil yea but the very Decrees of it Now we demand of him Cur tam variè as our Practitioners speak Hee will give us King Francis his answer It is not for a King of France to revenge an injury done to a Duke of Orleance But rather it is for a Pope to defend the Popes cause That when he writ that as well as that which hee writ against the
reformation which were reserved for the last course of the Councell this was one Of Dispensations But Martin the fift made them take away the table before they had done their dinner as we have said elsewhere 10 Mr. Iohn Gerson in his treatise De potestate ecclesiastica saith What think you what shall we say for the present of that so easie dispensation as they speake of granted by the Pope and the Prelates over lawfull oathes reasonable vowes for the excessive plurality of benefices the generall non-obstance of Councels the priviledges and exemptions against common right Who can number all the wayes whereby the force of Ecclesiasticall yea of Evangeliall discipline is enfeebled consumed and quite annihilated By my advice the holy Councell should provide for all these things And so it would have done but Pope Martin was urged to goe to another place Speaking of the deniall of justice wee have said many things which may be referred to this place but we will not repeat them 11 The Deputies of Paul the third whom he appointed to advise him concerning the reformation of himselfe and his Court begin with this article as one of greatest importance Wee are of opinion most blessed Father that in the first place this law ought to bee observed in all things That lawes bee kept as much as may be and that we thinke it not lawfull for us to dispense with lawes unlesse it be upon urgent and necessary occasion For there cannot bee a more pernicious custome brought into any Common-wealth than the not observance of lawes which our ancestors would have to be accounted holy calling their power sacred and divine You know all things O best of Popes you have read so in Philosophers and Devines There needs no more but to put that knowledge in practice 12 He that would fully informe himselfe of their practice and proceedings in this regard let him read the faculties of the Legats which have come into France and other Countries as also the Penitentiary taxe whereof wee have spoken elsewhere and what Doctor Espenseus saith of it upon the Epistle to Titus The instructions of the Ambassadours and Oratours of the Emperour the King of France and other Christian Princes sent to the Councell of Trent had this in charge also to complaine of these scandalous dispensations to the end that an order might be taken with them See here enough to make them take them into consideration Let us now see the remedies they applied being they were fully informed of the nature of the disease In the seventeenth Chapter of the twentie fourth Session they straitly prohibit the pluralitie of benefices and that all unions all dispensations to the contrary notwithstanding But in another place they renew the Decretall of Gregory the tenth which binds forsooth such as hold a pluralitie of benefices to exhibit their dispensations unto the Ordinary to make it appeare Now if they be sufficient the Ordinaries have no more to say Yea in case the validitie of them be doubtfull recourse must be had to the Pope for the manifestation of his pleasure In another place having religiously forbid hereditary successions in Bishopriques which have beene alwaies condemned at last they admit of them in certaine cases but with cognizance of the cause which they attribute to the Pope They make one or two faire Decrees concerning the residence of Bishops but they give the Pope power to approve the causes of their absence and upon that occasion to punish those whom he shall thinke good even to deprive them of their Bishopriques and put others in their place In the twentieth Chapter of the last Session they leave Commendams in their full force and vigour howbeit they made semblance that they would abolish them in the 17 Decree of the twenty fourth Session They were desired so to doe by our Kings Oratours as wee have said in the proper place But all this was neither here nor there For lay men must meddle with other matters as one of the Presidents of the Councell said But see here that which makes all fadge We must set downe the whole Chapter the better to collect the sense of it That such dispensations as shall bee granted by what authority soever if they must bee referred from the Court of Rome let them be referred to the Ordinaries of them that obtained them and that such as have bin freely granted do not take effect unlesse the Bishops as delegats for the See Apostolique have the cognizance of them and that it appear unto them presently and extra judicium that the prayers and entreaties therein expressed are not lyable to the fault of subreption or obreption 14 This Decree hath two parts the one as commendable as the other The first speaks in general of all dispensations and tacitly by necessary consequence permits the Pope to use them For it were to no purpose to provide for the ordering of them unlesse they were permitted Yea from that diâ—â—inction which is made of them we collect that the Pope commits the cognizance of them either in Rome or out of Rome What is it then which is here decreed that such as goe out of Rome shall be committed to the Ordinary of those to whom they are granted Item this is all See now we are well satisfied Of all those so many kindes of dispensations as are in the world an order was taken with those touching pluralitie of benefices touching hereditary succession in them and touching the residence of Prelats And so as we have heard concerning the rest This is the law this is the reformation So that provided the Ordinarie lose not his right of reference all the world must rest content and the Pope as well as others But the second part is the prettiest of all They leave the Pope power to grant out gracious dispensations provided that hee referre the cognizance of them to the Bishops What to doe onely as his Delegates to try whether there be any obreption or surreption in them that is whether his Holinesse were not cheated by false information For in this case he may give way to the impairing of his rights 15 See then here are three things which we complaine of First the approbation of gracious dispensations and the power of granting them which is left to the Pope The second is the delegation which he must make unto Bishops seeing it is a meanes to draw the inhabitants out of the realme or at least to constraine them in case of suit and controversie to demand some other delegates In partibus The third that these Delegates may not judge of the lawfulnesse or unlawfulnesse of the dispensation but onely of the cosenage which the petitioners may have used towards the Pope Seeing these Sirs have made such sleight enquiry into the meanes of remedying those evils and inconveniences which arise from dispensations we are dispensed with their inordinate ordinances And therefore it will concerne us to stand to our
is presently added Vnlesse it be otherwise declared by the See Apostolique So that by this meanes all depends upon the Popes pleasure CHAP. V. Of the residence of Bishops and approbation of the causes of their absence 1 IT was usefully ordained by this Councell that Bishops and other Prelats should reside upon their Bishopriques and prelacies But yet when all comes to all there is a dash with the pen that spoiles all for the judgement to bee passed upon non-residents is reserved to the Pope It is he too that must dispense with their absence and approve the causes of it These three points are specified in the Decrees of the Councell so that the authoritie both of Metropolitans and Princes is devolved upon the Pope And hee that considers all shall find that Kings and Princes suffer a mightie prejudice by this meanes They shall not have the power to aid themselves with so much as one Bishop for the affaires of their Stateâ— and have them neare their person to take their counsell and good advice unlesse the Pope please 2 This is not all The Popes will take order well enough that there bee ever some to depend upon them and such as may bee their creatures so that as many Bishops as are neare to Princes so many enemies to them They will bestow whom they thinke fit in other places to contrive plots and projects get them to Rome to make their abode there so long as their busines requires traverse the Provinces reside where they shall thinke expedient And in case that either upon the Princes command or upon any other occasion one of these Bishops shall venture to absent himselfe by virtue of this Councell the Popes shall have power to deprive him of his Bishoprique and put another in his place for that is said in expresse termes 3 By the lawes of the ancient Emperours a Bishop might not absent himselfe from his Bishoprique without the leave of his Metropolitan or the command of his Prince Iustinian decrees thus Wee forbid Bishops to leave their owne Churches and goe into other Provinces But if so bee there bee any necessitie of so doing they shall not goe without the Patriarch or Metropolitans letters or without the command of the Emperour 4 Our Kings of France have alwaies reserved this authoritie and prerogative unto themselves to determine of the residence of Bishops to compell or cause them to bee compel'd by their officers to feed their flocks and wait upon their Churches when need required and that by seasing upon their temporals to call them from Rome to returne into France to dispense with them and approve the causes of their absence We will quote some passages to thiâ— purpose 5 Lewes the eleventh in an Ordinance of the eight of Ianuary 1475 makes this narration When any questions or differences come upon us as well concerning the state of the Church of our Kingdome as other our affaires we that ought to have recourse to them cannot be assisted aided or advised therein by reason of their absence where wee and the Common wealth are ofttimes much interessed Then after he ordaines in this manner Wee will ordaine and declare by these presents that all Archbishops Bishops Abbats Prelats and others that hold any dignities within our Kingdome and do dwell and reside out of the bounds and limits thereof and out of our obedience doe repaire and returne within five moneths after the publication of these presents unto their benefices within our said realme or unto some one of them if they have any more and there make continuall residence there to celebrate and continue divine service as belongs unto them and as they are bound to doe As also to the end that they may serve and assist us in our Councels and otherwise to the behoofe of us and the Common wealth of our said Kingdome when need shall be And this upon paine of being deprived of the temporals of their said benefices 6 Henry the second in an Ordinance of the first of May 1557 directed to the Court of Parliament of Paris Wee command charge and enjoyne you by these presents that in our name you enjoyne all Archbishops Bishops Prelats Curats and others that have cure of soules within our jurisdiction to retire every one to his Archbishoprique Bishoprique Cures and other livings and to make personall residence upon them and to preach and declare or cause to be preached and declared the word of God c. And where they shall refuse so to doe that you cause the fruits profits and emoluments of the said Benefices to be distrained and seised into our hands 7 Charles the ninth by his Ordinance of the first of Aprill 1560 ordained the very same thing both for residence and for the disseisin of temporals but with this exception Saving and excepting the Archbishops and Bishops that are of our Privy Counsell and others imployed in our service out of the Realme for the weale publique thereof during the time that wee shall make use of them whereof our Bailifs and Stewards or their Lieutenants of that jurisdiction where the said Archbishopriques and Bishopriques doe lye shall give us notice presently after The same Prince in the fift Article of the Ordinance of Orleans doth enact concerning Archbishops Bishops Abbats and Curats that have many benefices That residing upon one of their benefices and doing actuall service there whereof they shall make good proofe they shall be excused from residing upon their other livings 8 But see here a thing to be observed namelyâ— that the States of Blois holden in the yeare 1579 knowing the prejudice which this Councell had done to the liberties of France in this regard thought it reasonable to provide otherwise for the approving of the causes of non-residence than it had set downe For it is enacted in the fourteenth Article of the Ordinance made by King Henry the third upon the complaint of the said States That all Archbishops and Bishops shall be bound to reside upon their Churches and Diocesses and according to their ability to discharge their duties in person From which residence they shall not be excused but upon just and reasonable causes approved by law and such as shall be certified by the Metropolitan or senior Bishop of the province Otherwise if this be not done besides the penalties ordained by Councels they shall be deprived of all the fruits issuing in the time of their absence Which shall be seised and taken into our hands to be imployed in the reparation of ruinous Churches almes to the poore of the places and other charitable uses By this Ordinance the Metropolitan gives the certification and the Kings officers the judgement in causes of absence without reserving any thing to the Pope Nor is this law peculiar to our Kings but common to them with all other Princes as it shall appeare by what we shall speake of it in another place CHAP. VI. Of
them upon them ought all of them to be reputed not Ministers but theeves and robbers that came not in by the doore 4 It may bee made to appeare yet more particularly that this Councels intention was to put into the Popes hands all that concernes the election of Bishopriques and other Ecclesiasticall dignities and offices and to deprive others that might claime any right to them For by the first Chapter of the sixt Session the care and charge of preferring or causing to bee preferred unto the government of Churches such as shall be most worthie and the power of providing for Bishopriques in stead of the Bishops that do not reside belongs unto him which will be a meanes for him to revenge himselfe of such Princes as would desire to retaine trusty Prelates in their Counsell For if they doe so without the Popes licence they shall be deprived of them if with his consent they shall be but ill served by them Besides the Pope will keepe them continually in awe by other meanes afforded him by this Councell as namely by the oath which they are bound to sweare unto him at their Provinciall Councels and Synods within their Dioces by the censure of their life and manners their errours and offences which is also granted unto him with supreme jurisdiction to punish them 5 And as for lesser dignities the Pope is intreated at the twenty first Chapter of the last Session that the Monasteries Abbeyes Priories and Provostships be bestowed for the future upon regular men of tried virtue and sanctity If these authorities be not sufficient we adde further That this Councell gives the Pope authority over all that by this meanes hee may derogate abrogate change make unmake any thing that he pleaseth the clause of Clave non errante and the exception Curita facis being now abolished We say more that this Councell confirmes all the Canons and Decrees of Popes and that by them elections now adaies belong neither to the people nor to Kings and Princesâ— that they have neither part nor quart in them nor can they meddle with them in any sort In all this the interest of Kings and Princes and of the people likewise is concerned If wee make this right and interest appeare by their owne testimonies by the very Canons and Decrees of Popes and Councels by the authority of all antiquity by the credit of Histories what will remaine more but that we conclude that that is by usurpation taken from them which in justice ought to bee restored unto them The Glossatour upon the Canon Law confesseth this usurpation in downe right termes For speaking of the consecration of Archbishops The Archbishop saith hee of right ought to bee consecrated by all his â—uffragans yet notwithstanding the Pope usurpes this power to himselfe With greater reason may it be said that hee usurps the consecration of Bishops and others that are of inferiour dignitie 6 Now that the people hath a share in the election of their Bishops and Pastours besides the expresse places of holy Scripture which may and ought to suffice I urge their owne Canons and the sayings of former Popes who testifie the use and custome of the ancient Church in matter of elections and tell us in plaine termes that they were made by the Clergy and people jointly and by one common advice without the one usurping upon the others authoritie Amongst the Epistles of Ivo Bishop of Chartres we read the very form which the Popes used at the consecration of Bishops where mention is made of the election of the Clergie and people which beginnes thus Forasmuch as wee beleeve that being called by the will of God the Clergy and people of such a City have with one consent chosen you their Rectour and Bishop brought unto us to desire consecration c. The very same forme did Pope Vrban use at the consecration of the said Bishop of Chartres for it is upon that occasion Ivo relates it 7 This was also observed even in the election of the Pope of Rome which was performed by the Clergie and people as their owne bookes testifie To all which they proceeded in such sort as the Princes authoritie was above all For whether he made the election himselfe alone and by his owne proper authoritie which is condemned by this Councell or hee gave and granted it sometimes to the Pope this I learne from their owne writings sometimes to the Clergy and people yet still so as his consent and the confirmation was reserved unto himselfe The Emperours and Princes themselves made the lawes and Ordinances concerning it they prescribed the order and forme which should be observed in it All this is testified unto us by the Popes and Councels themselves yea approved and followed by them yea with all humility received and they thought this right to belong to Kings and Princes so farre that they never made any bones of acknowledging in them a power to chuse Popes and all other Bishops of declaring in their Synods that this of right belonged unto them of confirming it unto them as farre as they were able 8 Pope Adrian with his whole Synod which consisâ—ed of one hundred fiftie three Bishops Religious persons and Abbats gave the right and power of electing the Pope â—nto Charles the Great the power and right of chusing and further ordained that the Archbishops and Bishops of all the Provinces should receive their investiture from him in such sort as no Bishops can bee consecrated by any man unlesse he be approved and invested by the King pronouncing and anathema against such as shall doe otherwise as is said in expresse termes in the Canon Adrianus 9 Pope Leo the seventh following this example made this Constitution I Leo Bishop servant of servants with all the Clergy and people of Rome doe ordaine confirme corroborate and grant by our authority Apostolique unto Otho the first our Lord King of the Germans and his successors the power from hence forwards of electing the successors and ordaining the Pope of the high See Apostolique as also to the Archbishops and Bishops to receive their investiture from him and their consecration where they ought And a little after That the Bishop being elected by the Clergy and people cannot bee consecrated till hee bee first allowed and invested by the King See here how every one had his share in it the Clergie and People the election the Prince the approbation and investiture the Archbishop or Metropolitan or the Councell it selfe the consecration 10 Nor can it be said that this right was first granted to the Emperours in the person of Charlemaigne it was no more but confirmed for other Emperours of old were anciently accustomed so to doe as it is affirmed in expresse termes in the Canon Agatho very remarkable to this purpose Where Pope Agatho who lived in the yeare six hundred eighty eight obtained of Constantine the fourth their Emperour an immunitie and release from that
side and other the Emperour was reconciled to Gregory and confirmed him Pope as was then the custome of Emperours to doe 17 The same Platina saith in the life of Alexander the second that a certaine Archbishop delegated on behalfe of the Emperour Henry the fourth reproved him very sharpelie for usurping the See of Rome without the Emperourâ— command contrarie to law and custome It is true he addes that Archdeacon Hildebrand who was Pope after him and was called Gregorie the seventh defending the Popes cause said That if hee would consent with law and ancient custome the election of him belonged to the Clergy And by these reasons brought over the Archbishop to his opinion So that this was out of faint-heartednes and not by the truth of his reasons for he himselfe that urged them when he was made Pope received his owne confirmation from the Emperour as wee have said 18 The right of the Emperours in the election and confirmation of Popes being such there can bee nothing now alledged against these authorities but mere usurpation and violence which the succeeding Popes have used towards the Emperours to deprive them of it For after all these there was no more neither contracts nor agreements about this subject CHAP. IX Of the election and investiture of other Bishops 1 LEt us speake now of other Bishops The Patriarchs were created also by the Emperour or at least by his consent and approbation Balsamon the Patriarch of Antioch gives testimonie of it The Orthodox Emperours who by the invocation of the blessed Trinitie preferre the Patriarchs and are the anointed of the Lord goe in to the sacred altar when they will As for other Bishops we have learned from the Canons before alledged that the approbation and investiture of them belongs to the Emperours and they were wont so to use them even with the consent of the Popes and Synods 2 The authoritie which the Councell of Trent gives to the Pope at this day to dispose of dignities and Prelacies belonged anciently to the Emperours yea and that in such sort as the Popes themselves never came in competition with them for it but all the power which they had in that respect proceeded from the commission delegation or grant of the Emperours They are the Popes owne Canons which say so Leo the fourth in Gratians Decrees entreats the Emperours Lewes and Lotharius that they would bestow the Bishoprique of Riete upon a certaine Deacon called Colonus and to be pleased that with their leave and permission hee might consecrate him Bishop Which was granted him as appeares by the letter which the Pope writ to the Countesse of Riete about it The Emperour and Emperesse saith he enjoyned me by their letters to make Colonus Bishop of Riete which I have done accordingly 3 Guido Earle of the same Citie by his letter entreated Pope Stephen that hee would consecrate a Bishop that had beene chosen by the Clergy and people that so the Church might not continue any long space without a Pastor To whom hee made answer Wee could not consecrate him so soone as you desired because hee brought us not the Emperours letters containing his pleasure therein as the custome is by reason whereof wee are perplexed But we advise you seeing wee can doe no otherwise in this case to procure the Emperors licence as the ancient custome is and his letters directed unto us so shall wee not faile to satisfie your desire and to consecrate him that was elected 4 St. Gregory in the same Decret of Gratian makes his complaint to the Empresse Constantia how the Bishop of Salona which some call Spalato at this day had beene consecrated by another than himselfe and how upon that occasion he had suspended him from celebrating Masse till such time saith he as I shall haue understood from my most Illustrioâ—s Lords whether they commanded him so to doe Hee afterwards addes For all this he doth not forbeare celebrating of masses and that hee would not come unto him according to the Emperours command 5 In the Canon Principali Pope Pelagius the first or second writes to the Bishop of Forcella how he had received a letter or commission from the Emperour called Sacra whereby he was commanded to create a Priest a Deacon and a Subdeacon in that City in obedience whereunto hee commanded the said Bishop to proceed to the ordination Gregory the thirteenth in his new purgation of the Canon law saith that the consecration spoken of in this Canon was made upon the Emperours demand He should have said by the Emperours command For it is in the text praecepit and not petiit 6 Gregory the Great speakeâ— in another place of a Bishop of Locri elected by common consent of a Councell and assisted by the Emperours pleasure in the yeare of the Lord 1046. Gregory the sixt created Odilo Abbat of Cluny Archbishop of Lyons by his owne proper authoritie sending him the Pall and the Ring which he received yet without accepting of the Dignitie saying he would reserve it for him that should bee chosen Archbishop At the same time the Emperour Henry the third to whom Lyons then belonged as an Imperiall Citie was perswaded as well by the Bishops as by all the people to ordaine Odolricus Archbishop thereof who was Archdeacon of Langresâ— a man worthy such a charge which he did 7 The same Emperour made an Edict against Simoniacall persons where he urgeth this reason As God hath freely given me the Crowne of the Empire so will I freely bestow that which belongs unto his religion and will have you also to doe the like saith he speaking unto the Bishops whom hee had assembled in a Councell to provide against that contagion which was so rife in those dayes and having found them all almost spotted with that disease having pitie on them he gave them this comfort Goe your wayes saith he and endeavour honestly to distribute what you have unlawfully received and pray to God for my fathers soule who is guilty of this fault as well as you Therefore the Emperour Conrade his father created those Bishops though it were by Simony 8 All the rest of the Emperours that lived both before and after him had the same power of chusing or confirming Bishops and other Ecclesiasticall Prelats or of approving them by putting them in possession of such dignities by granting them investitures into them Helmodius a Priest and historian makes Vicelin Bishop of Aldembourg speake thus To invest Bishops belongs onely to the Imperiall Majesty He puts the same language in the mouth of the Archbishop and Clergie of Breme The investiture of Bishops is permitted onely to the Imperiall dignity A certaine Bishop of Germany in a treatise made by him of the Investiture of Bishops the yeare 1109 saith amongst other things That Gregory the great writ to Theodorick Theodebert and Brunedulde Kings and Queene of France to make their
are forbidden to grant Bishopriques after Canonicall election For wee read that some Popes of good fame have become intercessours to Kings for those who had been elected unto Churches to get them to give them the Bishopriques and that others have deferred the consecration because they had not yet received the Princes consent I would have set downe the examples hereof were it not that I desire to avoid prolixitie in my letter So Pope Vrban as we understand excludes Kings only from the corporall investiture but not from the election for asmuch as they are heads of the people or of the grant although the eight Synod forbids them onely to assist at the election but not at the deliverie which whether it bee done by the hand or by seale or by word of mouth or by the rod what matters it Seeing Kings doe not pretend to conferre any thing that is spirituall in it but only to consent unto the will of those that require them or to grant unto them Ecclesiasticall possessions and other externall goods which Churches hold by the liberalitie of Kings As for the Sacrament of which he hath spoken now twice there was no question of that seeing that by former Councels the investiture was granted to Emperors and the consecration to Bishops 24 What can be alleadged more in defence of these later Councels If any man will say that the Emperour Henry was justly deprived of this right because he had violated the holy See and had put Pope Paschal in prison Wee will give two or three very pat answers to this objection One that hee did no more but repell the injury which was done unto himselfe For even in the Church and while he received the Eucharist from the Popes hands hee was like to have beene traiterously killed Heare what the German Chronicles say of it While the Emperour received the Sacrament from the Popes hands behold one of the principall of the Clergy who was offended with that purpose which the Emperour had put on that he would maintaine the constitutions of his Predecessors stirred up a sedition and tumult in the temple beat off the guard of the Emperours body and went about to seaze upon him who with much adoe saved himselfe repelling the force with his owne hands And speaking of the same Emperour hee afterwards addes Hee got him presently into the Citie killed a great multitude of citizens and Clergy-men tooke the Pope prisoner Elsewhere the Pope and Emperour were very good friends by meanes of the agreement made betwixt them of which wee have spoken already yea in such sort that the Pope sealed it by delivering the body of Christ unto the Emperour By giving unto him saith Sigebert the body and bloud of our Lord Iesus Christ in the celebration of the masse Wee give you this body said hee O Emperour in confirmation of the true peace betwixt me you And for a third answer his personal and particular fault could not prejudice the Empire and his Successours But we have said enough of this point It only remaines that some that can well manage it enter upon this inheritance There will want no right if hee want no forces CHAP. X. Of elections nominations and Investitures belonging to other Kings and Princes 1 WE come now to other Princedomes reserving France to bee spoken of in the last place The twelfth Councel of Toledo grants election of Bishops to the King of Spaine which our Popes have registred in their books It was decreed by all the Bishops of Spaine and Gallicia that without any prejudice to the priviledges of every particular Province it shall be lawful hereafter for the Bishop of Toledo to receive and consecrate all such Bishops as the Royall power shall elect and that every such Bishop shall bee approved by his judgement Which as Lancelot Conrad witnesseth is observed and kept even at this day 2 As for the Kings of England though they have often quarrelled with the Popes and the Clergy of the Kingdome about this point yet so it is that from age to age we alwaies finde them possessed of this right For to goe no higher about the yeare one thousand King Etheldred created one Robert Aâ—chbiâ—shop of London and one Edmund Bishop of Luiddifarne otherwise called Holyland at the entreaty of the Monks of that Bishoprique King Edward made one Robert first Bishop of London c. and afterwards Archbishop of Canterbury whose successour he made one William He gave also the Bishoprique of Shyrburne to one Herman In the year one thousand one hundundred seventie King William the first of that name bestowed the Archbishoprique of Yorke upon a Canon called Thomas In the yeare one thousand seventie eight hee bestowed three Bishopriques upon three of his Chaplaines and many others upon divers Ecclesiastiques 3 In the year one thousand ninety two King William the second bestowed the Bishoprique of Lincolne upon Robert Blunt his Chancelour he bestowed also that of Worcester upon a Canon called Sampson One of the two bestowed also the Bishoprique of Silchester upon Lanfranke 4 The yeare one thousand one hundred and one King Henrie the first bestowed the Bishoprique of Hereford upon Kemelin and gave him the investiture of it The same King gave the bishoprique of Winchester to a Canon called Thuilphus and afterwards to the Chaplaine of Queene Adalida 5 The yeare one thousand one hundred and two Anselme Archbishop of Canterburie would have made the Councell of Lateran to bee received in England holden against Henrie the fifth about the point of Investitures And in obedience thereto he made a difficultie of consecrating certaine Bishops who had beene invested by Henrie the first who was much incensed against him upon that occasion And forasmuch saith Matthew Westminster as hee would not consecrate certaine Bishops who had been instituted by the King obeying his pleasure nor so much as communicate with them the King was thereupon moved with choler against him 6 The yeare one thousand one hundred and seven there was a Councell holden at London where it was ordained That from thence forward no man should be invested in England by the King or any other Lay man into any Bishoprique or Abbey by the donation of the Pastorall staffe or ring alwayes reserving the homage due to the King But Henrie the first did not forbeare to use his right for all that which this Councell could not take from him And indeed in the yeare one thousand one hundred and nine he erected the Abbey of Ely into an Episcopall See and caused one Herveus to be ordained over it and having assembled divers Bishops at London in the same yeare hee made them consecrate one Thomas who had beene chosen Bishop of Yorke In the yeare one thousand one hundred and thirteen The same King Henry bestowed the Archbishoprique of Canterburie upon Richard Bishop of London and invested him in it by giving him the crosier
him King William the first of England in the beginning of his reigne which was about the yeare 1070 knowing this very well deposed some part of the Bishops and Abbats from their dignities and Prelacies and put others in their places whose fidelitie was known unto him 34 Another Monke and English Historian saith the Popes upon this occasion invented another way to oblige such Prelats unto them as held their dignities from Kings and Princes Which was by making them renounce them and resigne them into their hands as faultie and nullities and taking them with one hand they gave them againe with the other Ivo toucheth upon this tricke in his epistles For amongst other reasons to prove that investiture is no heresie hee puts this If Investiture were an heresie hee that renounceth it could not be restor'd without blemish to himselfe Now wee see many honest men both in Germany and Franceâ— give up their Pastorall staffes to wash away that staine by some shew of satisfaction and resume those Investitures which they had renounced from the Apostolique hand So did Thomas the Archbishop of Canterburie who put Henry the second King of England to so much trouble For being at the Councel of Tours Hee secretlie resigned that Archbishoprique into the Popes hands which he had received from the Kings hand and it was afterwards restor'd him againe at the same instant from the Popes hand It was Alexander the third who held this Councell at Tours in the year 1163. A REVIEW OF THE COVNCELL OF TRENT BOOKE VI. CHAP. I. Of things attributed to the Pope by this Councell in matter of justice And first of criminall causes of Bishops 1 WEE will treat in this Booke of Iustice and Iurisdiction and wil make it clearly appear that this Councel hath as far as it was able robb'd Kings Princes and other Clergie men of them to bestow them upon the Pope It is a most true Maxime that all Iurisdictions do spring from secular Princes that the source and fountaine of them is hereditarie to them whence the rivulets are derived upon their officers and upon Ecclesiasticall persons and others whom they thinke good Clergie men from the greatest to the least have no coactive jurisdictions but such as spring from thence Kings and Emperours have parted with it and have honoured them with it but in such sort as some of them both did and doe abuse it daily They are come so farre as to contest with their officers to attempt against them to make laws for extending the traine of their robes further yea even to subdue unto themselves those from whom they received that power and by a most unsufferable ingratitude to declare and pretend them subject to their jurisdiction All this is proved by us elsewhere Wee will onely say here that this Councell â—â—â—h gone about as it were to lay at the Popes feet all the spoiles and conquests which all other Bishops have got from those victories obtained by them â—t divers times over the temporall Iurisdiction and over those to whom it belongs and to paire also that which is left unto them making it almonst unserviceable and invalid at least for as much as concernes the Pope and his Clergie whom it totally exempts from their Iurisdiction 2 We shall make it appeare plainly that this Councell hath dealt very liberally with the Pope in this respect and that it hath strain'd it selfe to confirme his usurpations yea even to augment them without sparing any thing First of all it attributes to the Pope the cognizance and judgement of all criminall causes of Bishops except pettie ones That the Pope onely have the cognizance and decision of all criminall causes which are more hainoâ—s objected against Bishops and even of heresie which God forbid But if the cause be such as it must necessarily be tried out of the Court of Rome let it not bee committed to any persons excepting such Metropolitans or Bishops as the Pope shall chuse That this commission be in speciall and sealed with the Popes hand and that hee never give them any greater power but onely to receive the bare instruction for matter of fact and to make the processe which they shall forthwith send to the Pope the definitive sentence being alwayes reserv'd unto the Pope 3 In another decree it is ordained That the causes of Bishops when by reason of the quality of the crime which is objected unto them they ought to make appearance be brought before our holy Father the Pope and be determined by him It is also decreed against Bishops that keepe concubines That if they doe not abstaine from that crime after they have beene admonished by the Provinciall Councell they shall bee complained of to the Pope by the same Councell who shall punish them according to the quality of their offence even by deprivation if need require So that a Provinciall Councell hath no power to condemne a Bishop for criminall matters save onely for Peccadillo's such as we may say for playing at ball for getting up late in a morning and such like things 4 Now wee say on the contrarie that the cognizance of such crimes belongs to Emperors and Kings That they themselves ofttimes have proceeded to judgement That they have assembled Councels for that end and have assisted and presided there That sometimes they have committed the same judgement to the said Councels or their Iudges That Popes themselves have become petitioners unto them yea plaintives before them and which is more have themselves beene judged by them 5 The Bishops of the Nicenâ— Councel acknowledge Constantine for their Iudge when they presented their Libels unto him wherein they accused one another hee blush'd at that in their behalfe and would have covered their shame by suppressing such Investitures using this honest shiâ—t to them that they could not be judged by any man In which the Pope alone tooke him at his word although hee were absent and hath made good use of it afterwards Now that Constantine said this by way of complement and to suppresse those dishonorable quarrels appears from hence that upon other occasions hee either tooke the judgement upon himselfe in the causes of Bishops or committed it to his Officers Hee made the Bishops of the Synod of Tyre to come unto him to render a reason of their â—act in the condemnation of Athanasius And after hee had heard them confirmed their sentence being moved so to doe by the testimony of false witnesses which were subborn'd and sent Athanasius unto banishments into Tryer a citie in Gallia Belgica 6 The same Emperour after hee had twice ordain'd Ecclesiasticall judges to determine the cause of Cecilianus an Orthodox Bishop at last he himselfe tooke it into his cognizance and gave the finall sentence So say the Clergy of Hippo in Africa in that epistle which St. Augustine made upon the same occasion and sent to Ianuarius Being so stricken in age as you
are wee suppose you know very well how the partisans of Donatus of their owne proper motion accused Cecilian then Bishop of Carthage before that ancient Emperour Constantine And he afterwards addes that the Emperour made an end of that Episcopall cause after he had the hearing of it 7 The Emperour Constantius having judged of the great impietie of Actius sent him presentlie into banishment and commanded that he should be carried unâ—o a certaine place of Phrygia saith Theodoret. The forme of proceeâ—ings is set downe by Sozomen a little more at large from whence we learne how Honoratus governour of Constantinople was first elected and deputed to proceed to the judgement of that Deacon and how the Emperâ—ur himselfe tooke it afterwards into his own hand While these twentie Bishops sent from both Councels were at Constantinople together with some others who met there occasionally power was first given to Honoratus whom the Emperour had appointed governour of Constantinople to judge the cause of Aetius in the presence of the Counsellours of the great Counsell But Constantius afterwards having taken the same cause into his cognizance together with the Magistrates Aetius was found to thinke amisse of the faith insomuch that both the Emperour and the rest were greatlie offended with his words full of blasphemie 8 Saint Augustine intreats Apringius proconsull of Africa and Marcellinus the tribune to condemne certain Clerks partisans of Donatus to a more gentle punishment than they had deserved acknowledging them for Iudges in Eâ—clesiasticall causes He speaks thus unto the Proconsul interceding for his enemies Why will you not mitigate your sentence seeing it is lawfull for Iudges so to doe even in other causes which doe not concerne the Church And a little after When their enemies are too mildlie proceeded against men are wont to appeale a Minori Wee love our enemies so well that if we had not a good opinion of your Christian obedience we would appeale from the severitie of your sentence This is spoken by a man which approved their jurisdiction otherwise hee would have said they had nothing to doe to judge of the controversie 9 The Emperour Gratian granted a commission to Sapor one of his chief officers to eject the Arrian Bishops out of their Churches and replace the Orthodox in them according to the law which he had made By virtue of this commission Sapor judged of the difference which was betwixt Paulinus Apollinaris and Meletius in point of Religion deposing the oâ—e and establishing the other Sapor saith Theodoret being appointed Iudge of those matters which were urged on either side adjudged the Churches unto great Meletius Paulinus remained Bishop and Pastor of those sheep whom he had formerlie separated from the rest and Apollinaris being rejected from the government of the Churches begun openlie to publish that doctrine which hee had latelie invented and declare himselfe the head of that sect 10 Maximus the Emperour of the Gaules received the appeale which was put in by Priscillian Bishop of Spaine from the Councell of Burdeaux to whom hee had committed the judgement of him Hee deputed Euodius one of the governours of his Provinces Who after he had heard Priscillian in two judgements hee being convinced of the crime was by him pronounced guilty and sent to prison againe till such time as he had certified the Prince of him The processe being related at Court the Emperour was aminded that Priscillian and his complices should bee condemned to death 11 Sometimes the Emperours themselves or their Officers proceed to the judgements and condemnations of Clergymen with Councels called for this purpose by the authoritie of the same Emperours So Elpidius and Eulogius Magistrates and Officers were commanded by Theodosius to assist at the second Councel of Ephesus where the condemnation of Eutiches was controverted Their Commission runnes thus To be present at the judgement and to take order that a speedy and pertinent proofe be made by the Synod and sent to the Emperour Those who had beene Eutiches his Iudges before being now present but not Iudges 12 Wee read in the Acts of the Councell of Chalcedon of a petition put up by Eusebius Bishop of Dorylea directed to the Emperours Valentinian and Martian where hee intreats them that they would grant the cognizance of the injurie which had beene done unto him by Dioscorus Bishop of Alexandria unto the second Councell of Ephesus and of the death of Flavianus Bishop of Constantinople whereof the same Dioscorus was accused at the Synod of Chalcedon To the intent that it may heare us these are the very words and also Dioscorus and report unto your pietie all that passeth that you may doe in it as it shall please your clemencie Wee read there also another petition of Savinian Bishop of Lesina exhibited unto the same Emperours whereby they are intreated To command that his cause may bee examined in their presence it was so in the presence of the Officers and Magistrates who passed sentence upon it in full Councell ordaiâ—ing that Savinian should continue in his Bishoprique yet with a Proviso Which was agreed unto by the whole Councel Where it is to bee observed that these Magistrates first judged of the cause and pronounced the sentence and afterwards asked the Fathers of the Councel whether they liked it or no. The holy Synod say they having heard what sentence wee have past let them say whether they decree the same or whether they be of another opinion The holy Synod said There is nothing more just nor more upright 13 In the third booke Iuris Graeco-Romani in the first tome we read this Decree concerning the deposition of a Bishop Iohn Amathunt Bishop having been depos'd by Iohn Archbishop of Cyrus and the Decree of that deposition having beene read at the Emperours tribunall having found that he was depos'd by fifteene Bishops and one Archbishop the most holy Patriarch Luke with the assistance of his Synod and the Senate there present ordain'd that such deposition was invalid and of no account because the whole Synod of the Church of Cyprus was not assembled 14 Sometimes the Emperours confirmed the sentence of the Synods containing such condemnations As Iustinian did that of Anthemius Archbishop of Constantinople and of some others deposed by a Synod of Constantinople And that because those condemnations were found to bee invalid if they were not fortified by the Emperours to whom such jurisdiction did properly appertaine Iustinian after hee had made the confirmation aforesaid saith If there bee any other thing contained in the sentence of the most holy Bishops which deposeth and anathematizeth the persons aforesaid wee also ordaine the like more firmely and with more continuance and wee make it of force by our Imperiall lawes just as if it had beene a thing done by our owne command 15 The Popes have so farre beleeved and holden for certaine this jurisâ—diction of Emperours
over Bishops and other Ecclesiastiques that they themâ—selves have been intercessours unto them to get them to proceed unto such judgements Pope Liberius intreated the Emperor Constantius that hee would make the cause of Athanasius be judged If your clemencie thinke good saith hee that you would let him be judged Pope Iulius had recourse to the Emperour Constans in behalfe of the same Athanasius and of Paul who presented him with letters directed to his brother Constantius upon the same occasion 16 Gregory the Great intreats the Kings of France Theodoric and Theodebert to doe justice to Vrsicius Bishop of Turin To make justice in all things bee observed towards him and the truth being knowne to make that be amended which hath beene unlawfully committed against him and to cause that to bee restored with equitie which was taken from him by violence This Bishop had beene deposed and another put in his place The same Pope after he had divers times intreated the same Kings of France to call a Councell in their Realme for restraining of the crime of Simonie which was at that time verie rife writ at last to Queene Brunchaut in these termes Let your letters bee directed unto us and if you command us with your consent and authoritie we will send you some on our behalfeâ— to inquire straitly into thâ—se things together with the rest of the Clergy and to make such reformation thereof as shall be acceptable to God For these things ought not to bee dissembled inasmuch as hee that hath power to correct them and notwithstanding neglects to doe it makes himselfe a shaâ—er in the fault 17 Gratians Decret gives further credit unto this Imperiall jurisdiction over Bishops in criminall causes considering that there a certain Pope whether it bee Gregorie or Pelagins speaks on this manner Behold what wee demand and require further that you would send unto the most gentle Prince Paulinus that false Bishop of Aquileia and that other of Millaine under good and sufficient guard to the intent that he who can no waies be a Bishop inasmuch as heâ— was created contrary to all canonicall custome destroy not others and hee who hath attempted to ordaine against the ancient custome may be submitted unto the punishment of the Canons Hee that collected the summarie of this Canon conceives some policie in it when hee saith That those should bee corrected by Princes who cannot be corrected by the Church making the rule by this means no more than an exception as hee ofttimes makes rules of exceptions But it may bee hee meant that these Bishops could not by right bee corrected by the Church because she hath no such power If this bee his meaning wee take him at his word There is yet more in it for the Popes themselves have undergone this jurisdiction have beene judged condemned and deposed by the Emperours Wee have given examples of it when wee treated of â—he power of a Councell above the Pope which wee will not now repeat 18 By the law of the Emperours Valens Valentinian and Gratian the cognizance of crimes committed by Ecclesiasticall persons is reserved to the Magistrates Arcadius Honorius and Theodosius declare the judgements passed by Episcopall Synods upon the crimes of Priests to bee valid so as they cannot bee disanull'd by themselves Honorius and Theodosius will have Clerks to be accused before their Bishops Iustinians Novel gives the cognizance of civill crimes by them committed unto the Lay Iudges and of Ecclesiasticall to the Bishopsâ— so that this cannot be understood but of the meaner sort of Clergy men such as are inferiour to Bishops And of these it is spoken in another constitution which forbids the Civill and Militarie Iudges and Magistrates to call them before them for civill and criminall matters unlesse they have the Princes command for it Where two things are to bee considered one that it is an Emperour which ordaines it and therefore hee hath the disposall of it the other that he reserves unto himselfe the cognizance or authoritie 19 The Councell of Milevis holden in the year foure hundred and two confesseth and avoweth this Imperiall jurisdiction It pleaseth us say the fathers of it that whosoever shall demand of the Emperour the cogniâ—ance of publique judgements bee deprived of his dignitie But if hee desire of the Emperour onely the exercise of Episcopall judgement that can no way hurt him The judgement over Lay men in publique crimes was thought to suit ill with Bishops and therefore it is condemn'd in this Councell the other is permitted but so as they tooke it from the hands of the Emperour It is strange that in all these places there is no mention of Popes no more than if there had beene no such men in the world 20 The sixt Canon of the first Councell of Constantinople disposeth somewhat boldly of Ecclesiasticall jurisdiction to the prejudice of the Imperiall right in attributing the judgement of crimes committed by Bishops unto provinciall Synods and forbidding them to have recourse either to the Emperor or other secular Princes for judgement or to a Generall Councell despising that Decree and neglecting the Bishops of particular Dioceses It was a litle too much entrenched upon the Emperour Howsoever we draw from hence this advantage that in the making of this Order about Episcopall judgements in criminall matters the Pope was never reckoned of And yet the Councell of Trent gives to him alone the criminall and supreme jurisdiction in the first place over all other Bishops in the world in such sort as neither the Emperour nor Kings and Princes nor their Officers nor Synods either Provinciall or Generall can intermeddle 21 Let us now speak of our France and shew the prejudice done unto it by this Decree In the time of our ancient Kings the Bishops upon any crime whatsoever were accused in a Synod of the Churches of tâ—e Realme So Guntrand King of Burgundy caused a Synod to assemble at Lyons where two Bishops Salonius and Sagittarius were accused convinced and condemn'd and put out of their Bishopriques for some crimes by them commiâ—ted It is true that by their flatteries they prevailed so farre with the King afterwards that he gave them leave to have recourse to Pope Iohnâ— to whom also he writ in their behalfe yea upon the request afterwards made unto him by the Pope hee restored them to their Bishopriques But all this was done onely by way of courtesie and complement anâ— because the King himselfe sought a faire way to restore them to their charge and dignities without offending the Synod 22 King Chilperic having called an assembly of Bishops and Prelats in his Citie of Paris brought Pretextatus Bishop of Roan before them saying these words unto them Although the royall power may by the lawes condemne one that is guiltie of high treason notwithstanding that I may not oppose the ancient Canons I present this man unto you who hath
falsly usurped the name of Pastour the authour of the conspiracie made against me At last hee was condemn'd to banishment and afterwards recalled and restor'd to his citie and Bishoprique by the King himselfe Chilperic assembled another Synod to try the accusation of high treason objected against Gregory Bishop of Tours grounded upon this surmise that he would have delivered the Citie of Tours to King Guntrand where he was acquitted as not guilty and Leudastus his accusâ—r excommunicated Chilperic also upon an accusation brought by one Suâ—nigisilus against Giles Bishop of Rhemes as guiltie of a conspiracie against King Childebert caused him to be apprehended and carried to the Citie of Mentz where he assembled some Bishops who proceeding to judgement upon him deposed him from his Bishoprique and confined him to Strasbourg Didier Archbishop of Guien was deposed at a Provinciall Councell assembled by the same King at Chaalons in Burgundy 23 Childebert and â—untrand made certaine Bishops assembleâ— to proceed in judgement upon the Abbesse and her Religious of Poictiers Wee are met together say those Bishops by the command directed unto us by virtue of your power Bishop Adlabert was condemned of heresie by three and twentie Bishops at the Councell of Soissons with the consent of King Pepin and of the people and the Counsell of the greatest Peeres in France The like was done unto three Bishops accused of conspiracy against King Lewes the Piteous by the sentence of a Synod assembled to that end by his command So King Charles the Bald assembled some Bishops to condemne his sonne Carloman who was a Clergy man and his complices of the same profession 24 Sometimes our Kings proceeded to judgement by their owne sole authoritie without ever assembling the Clergy So Chartier Bishop of Perigord was accused before King Chilperic upon occasion of some letters writ against him and was acquitted because it could not be proved One Theodorus Bishop of Marseilles was also brought and accused before King Childebert but in conclusion absolved as not guiltie and accused after that together with another Bishop called Epiphanius that they had received into Marseilles Gundebaldus who said hee was the sonne of Lotharius who after they were heard examined and found not guiltie were notwithstanding kept in prison 25 We read notwithstanding that King Charles the Great called an assemblie of Bishops to heare Felix Bishop of Orgelle who was accused of heresie and being convinced he was sent to Rome to Pope Adrian before whom hee abjured his heresie and was sent backe to his Bishoprique But it may bee answered that this was not properly an accusation but only a dispute and that when the Bishops of France had heard and convinced him of errour they would doe Pope Adrian that honour as to send him to him that hee might have the hearing of him afterwards So his heresie was condemn'd yet after that at the Councell of Francfort as appears by the Acts of it 26 The Popes were anciently so stanch in this regard that they tooke not upon them upon their owne accord to judge of the crimes of other Bishops save onely such as were of their owne Diocese but suffer'd those to proceed upon them to whom of right it appertained So the Clergy of Valentia having accused Maximus their Bishop to Pope Boniface the first of many grievous and heinous crimes hee would not meddle in it but return'd the judgement to the Bishops of France They would not take the cognizance of them neither in the first place nor by appeall not even then when the Bishops of a Province were divided which yet was a faire pretence but in that case they were cal'd in judgement before the Metropolitan and other Bishops of the next Province according to the fourteenth Canon of the Councel of Antioch inserted in the Decret From which the Canon Hosius inserted in the same Decret doth no way derogate which speaks of civill controversies amongst Bishops and not of criminall causes as appears by the fourth Canon of the Councel of Sardis from whence it was taken In which case it was granted as an honour to Saint Peters chaire that if either of the two Bishops bee not content with the judgements given by some of their fellow Bishops that they shall write thereof to the Bishop of Rome to the intent that if hee thinke good they should proceed to judgement againe his advice may be followed and and that Iudges may bee assign'd unto them by him 27 But to returne to criminall matters Such processe was ancientlie used concerning them in this Kingdome as wee have said already That jurisdiction at this present is divided betwixt the Kings Officers and the Clergie of France The Iudges Royall have the cognizance of priviledged causes such as are high treasons tumults seditions ambushes bearing of armes assassinations and such like in respect of which they may proceed and pronounce against all kind of Clergy men yea even against Bishops and Archbishops As for other crimes which are called common such as are actions of trespasse battery concubinages murders forgeries and such like the official and other Ecclesiasticall Iudges have the cognizance of them If I should make these expositions in the Palace I should bee affraid that all the Proctours would cast their caps at mee to whom this is sufficiently knowne But considering the foundations of our practise are shaken and are like to bee cut up by the root it is requisit that I make this rehearsall and that I bring authorities for proofe of my assertion for feare I bee accus'd of ignorance in a matter which every one knowes 28 This distinction of crimes in the person of Clergy men is approved by the Ordinances of our Kings mention is made hereof in that of King Francis of the yeare 1540â— Article the eleventh made at Castle-Briant the year 1551. And that of Henry the third made at Paris the year 1580. Article the twentie one Come wee now to the practise of our Courts This distinction hath alwaies beene observed by all the Courts of France who have set downe the very forme which must be observed in such proceedings who have decree'd That the processe shall bee made and finished by the Iudge Royall upon a priviledg'd case before it bee remitted to the Ecclesiasticall Iudge notwithstanding the declinatory That for tryall of the case Royall it shall bee lawfull to proceed even unto torture inclusively That for the crime of Adulterie committed with notorious fornication a Bishop or other Clergy man is under the jurisdiction Royall As also for the accusation of forgerie by him committed That a Lay Iudge upon just cause may make the processe made by the Officiall upon a common offence be brought before him And notwithstanding the absolution from the common offence condemne the party accused upon the priviledged case And an infinite number of other rules which it would bee tedious to rehearse To
urge the testimonie of our common Lawyers as of Mr. Giles Burdiâ— upon the Ordinances of the year 1539. Mr. Iohn Imbert in his institutions of common law Mr. Choppin in his treatise Du Domaine and many others would be a thing superfluous CHAP. II. Of Delegations and Evocations 1 THe Popes jurisdiction and authoritie is greatly augmented and inhaunsed in this that the Bishops and other Ecclesiastiques are made his commissaries and Delegates in divers cases which are of their owne proper and naturall jurisdiction It is said in the first chapter of the fifth Session That in the Monasteries of Monks where it may be conveniently done there shall bee a lecture read out of holy Scripture And that in case the Abbats be negligent â—he Bishops of that place must compell them by convenient remedies as delegates for the See Apostolique Now there is no doubt or difficultie but it belongs to Bishops to provide herein by their own proper authoritie in case of the negligence of Abbats For the Abbatsâ— Monks and Monasteries are subject to the Bishop of the Diocese where such Abbeyâ— stand and they are under his power and jurisdiction by the 21 chapter of the Councel of Orleans Canonized in the Decret They may depose the Abbats upon sufficient cause They must take care for the profit and advantage of the Monasteries and Abbeys See that no alienation bee made by the Abbats without their consent 2 As for that which is decree'd that the Abbats shall cause a lecture in divinitie to be read it is a thing which they are bound to doe in France by virtue of the 20 Article of the Ordinance of Orleans whereby the Superiours and heads of the Orders are enjoyn'd to take care of diligently to proceed to a ful reformation of Monasteries And it is further said That in every one of the said Monasteries there shall bee maintained a good and able man to teach holy Scripture and a stipend allowed him at the charges of the Abbat or Prior. Now the word Superiours may bee as well referr'd to Bishops as to Abbats and Priors in case these be negligent Howsoever this power is not given unto Abbats and Priors as Delegats or by way of privileâ—ge but belongs unto them by common right It ought also to agree unto Bishops by the same right where the priviledge of exemption ceaseth 3 In the second Chapter of the same Session where Curats are enjoyn'd to preach upon Sundayes and Holydaies or to provide some to preach in case of lawfull impediment it is added That if there be any Parish Churches under such Monasteries as are not sâ—tuate in any Diocese the Prelats regular being negligent in the premises they shall bee compell'd unto it by the Metropolitans of those â—rovinces where the Dioceses lye as Delegats herein for the See Apostolique Now it is certaine that Metropolitans have power over the Clergie within their Province even over the Bishops themselves according to the honour prescribed by the ancient Canons under the one in the first and the other in the second place If an Abbey be subject to the Bishop the Metropolitan shall have nothing to doe with it save in case of appeale If it belong to no Diocese and consequently to the Iurisdiction of no Bishop then it must have the Metropolitan for Superiour unlesse it bee of the number of such as are exempt which have no other superiour but the Pope and which are spoken of in the eight chapter of the 25 Session But the question is not now of such And suppose they were now in controversie by the eleventh Article of the Ordinance of Orleans all Abbats and Priors must bee subject to the Arch-Bishop or Bishop of the Diocese notwithstanding their priviledge of exemption 4 In the second Chapter of the sixt Session Bishops are enjoyned as Delegates for the Pope to provide that there be able Vicars in stead of such Clergy men under their jurisdiction as are dispensed with for non residence To which Vicars they must assigne a competent portion of the fruits Now it is too apparent that this provision belongs to the ordinary jurisdiction of Bishops and therefore such Delegation is abusive and made as well against the ancient Canons as against the Ordinances of this Kingdome This is delivered in expresse termes by the constitution of Boniface the eighth who after hee hath given way that such as are preferred to Parish Churches may stay seven years before they be ordained Priests to the intent that they may have occasion to apply their studies hee ordainesâ— That during these seven years the Bishops and Superiours shall carefully provide that the cure of soules be diligently discharged and that such benefices be served with good and able Vicars who shall bee deputed by them and to whom in consideration thereof a competent portion of the fruits shall bee by them assigned for their maintenance In all this there is no delegation from the Pope but this is given to Bishops as depending upon their Ordinarie jurisdiction 5 The fifth Article of the Ordinance of Orleans saith in plaine termesâ— That the Abbats and Curats who hold many benefices by dispensation or reside upon one of their benefices requiring actuall service and residence shall bee excused from residence upon their other livings Alwaies provided that they depute sufficient men for their Vicars of a good life and conversation to every of whom they shall assigne such a portion of the revenue of the benefice as may suffice for their maintenance Otherwise in default hereof wee admonish and enjoyne the Archbishop or Bishop of the Diocese to take order for it and most expressely command our Iudges and Proctours to assist them therein to cause the temporalities of such Abbeys or other benefices to be seized upon without dissembling a moneth after they shall have warned and required the Prelats and other Titulars to reside or cause some to reside upon their benefices and fulfill the contents of this present Ordinance From hence we collect that the forementioned case belongs to the jurisdiction regall within this Kingdome and that the Councel having given it up to the Ecclesiasticall jurisdiction and that even to the Pope hath infringed the rights of France 6 In the third Chapter of the sixt Session the Councel gives power to the Ordinaries of the place as Delegates for the Pope to visit punish and correct Clerks both Seculars and Regulars that live out of the Monasterie No Secular Priest nor Regular of what Order soever living out of his Monastery must thinke himselfe so sure upon pretence of the priviledge of his Order that hee cannot bee visited punished and corrected according to Canonicall Constitutions in case hee offend by the Ordinary of the place as Delegate for the See Apostolique By the Generall Councel of Lyons holden under Innocent the fourth ann 1246 and approved by the Popes themselves all deliâ—quents contracting or committing any fault out of the
in a certaine Bull of his as the learned Counsellor of Grenoble witnesseth in his decisions and this because the possessorie which is the thing controverted is a temporall thing 13 As for lay patronages they never were of Ecclesiasticall jurisdiction in France neither for the Possessorie nor the Petitorie And this is so farre true that whereas the spirituall Iudge may have cognizance of tythes as concerning the petitorie yet he may not so of those which are appropriated that is holden by a lay hand in fee of the Church and which are by that meanes converted into a right of patronage as was judged by an Arrest of the Great dayes of Poictiers the 26 of September 1531 by another of Paris at All Hallowes 1289. It is said in an ordinance made by Philip the third anno 1274 that if one lay man sell unto another lay man the tythes which he hath bought of a Clerk and there arise a suit about the price the cognizance thereof doth not belong to the Ecclesiasticall Iudge 14 The forme also which is prescribed by this Councell for triall of the right of patronage is no way receiveable in this kingdome which ought herein to follow the common law especially considering that the rigour concerning this point is so severe and exact that the most part of the lords owners of the said rights of patronage should bee in danger to loose them if they were reduced to that necessity of triall Now it is one of the priviledges of our Gallicane Church That the Pope cannot by any provisoes about Benefices or otherwise derogate from or prejudice lay foundations and the rights of the lay patrons of this Realme 15 It is also an abuse to give the Bishops power to compell their parishioners to maintaine their Priests considering that the Bishops in France have no jurisdiction over lay men in a temporall thing such as is food but onely in case of the Sacraments and other spirituall things as is said expressely in an ordinance of king Francis made 1539. conformably to the former distinction by an Arrest of the Court of Parliament at Paris of the 11 of Iuly of 1531 a certaine Priest was judged capable of suing before a lay Iudge against a lay man for the wages of his calling in as much as he had said Masse for him And by another Arrest of the 17 of Aprill 1545 upon an Appeale as from abuse put in by a lay man against the proceedings against him before an Officiall at the suit of a Priest who demanded paiment for divers Masses celebrated for the said lay man and his predecessors it was judged that a lay Iudge is onely competent to condemne a lay man in such cases 16 By another Arrest of the tenth of August 1551 the assignation granted to certaine villagers by the Bishop of Anger 's his Officiall was declared to bee a nullitie in as much as it was done by an incompetent Iudge and that because it was about the payment of a summe of eight pence which the said assignes were bound to pay to the Canons of Anger 's every yeare at Easter to bee bestowed in wine which was given unto them after the celebration of the blessed Sacrament By another Arrest of the 22 of Aprill 1532 it was declared that the right of sepulture is not triable before an Ecclesiasticall Iudge There is greater reason that a lay Iudge should determine in case of maintenance demanded by a Priest against his Parishioners For in such a case the question is not about a spirituall thing buâ— a temporall annexed unto a spirituall which in matter of jurisdiction must ever be separated 17 As for the visitation of benefices the Parliaments of this Realme have reserved that authoritie unto themselves of ordering of them divers times and causing them to be judged And to this purpose there is an Arrest of Paris of the 16 of December 1521 whereby it is determin'd that the Priorie of Sainâ— Maurice at Saint Liâ— shall be visited and repaired and besides that during the suit of the Priorie the administration of the sacred things shall bee committed to two Clerks and of the prophane to two lay men The Monks of the Abby of Orbais in Champaine complaining of the Abbat in trust that monastery was visited by Arrest of the same Parliament given out the year 1â—68 The power of visiting belongs indeed to Bishops but not so as that they may use any coaction to cause the reparations of the buildings to bee made They may call in unto them the lay officers of the place to provide altogether for the reparation and maintenance of Parish Churhes and their buildings But the putting of this in execution belongs afterwards to the lay Iudges who to that end must compell the Churchwardens and parishioners to contribute for the necessary charges by all due and reasonable wayes yea and the Curats themselves if they bee seized of temporals to beare such a part and share of the said reparations and charges as shall be set downe by the said Prelates This is almost word for word the same with what was decreed in this point by the 25 article of the ordinance of Orlean So then the Bishops may arbitrate these reparations calling the lay Iudges in unto them but they have no jurisdiction to compell any man to make them that belongs to the Civill Iudges exclusively to the Ecclesiasticall in France 18 It is many years agoe since the Parliament of Paris pronounced that it was good law which was done by a bailiffe of Vermandois who going upon a Commission for the King decreed that he would have the cognizance of assessing of reparations which were to be done in certaine houses which belonged to the Church of Landune A certaine Bishop of Noyon was also dismist of his exception against the jurisdiction of the Court in an action entred against him in Parliament about certaine reparations of the tenements belonging to another Bishoprique which hee had formerly had In the register of the ancient Decrees of the Parliament of Paris Folio 114 there is one of King Charles the sixth bearing date the sixt of October 1385 the words whereof are these That every of the Iudges Royall within his Province perceiving the ruine of Church livings by default of allowance of meanes to such as do divine service in that place by the burthen of debts or the fall of houses proceeding from the negligence or ill usage of the inhabitants that they seize the fruits of them into our hands By a triple division whereof they shall provide for the three defaults above mentioned deputing certaine Commissaries to that end by the counsell and advise of the Abbats Religious or Ministers of the places at indifferent charges who shall give accounts of the remainder and restore it unto those to whom it shall appertaine 19 The necessitie of repairing and re-edifying of Churches during the time of these troubles being referr'd
Bernard reproves the Pope for troubling the state of the Church by exempting Abbats and others subject to Bishops submitting them to himselfe immediatly 4 The same Durant maintaines That the Pope hath no power to grant such exemptions considering that they overthrow the generall order of the Catholique Church which proceeds from Godâ— the Apostlesâ— the holy fathers and generall Councels and which was approved and confirmed by Popes that by this order all the Monasteries religious places Abbats Abbesses Monkes and Nunnes and all other religious and Ecclesiasticall persons are immediately subject to the government and guidance of Bishops within their Cities and Dioceses as unto their superioursâ— the Apostles successours and such as have power and authority over them Which maxime he proves by a great number of authorities taken out of ancient Fathers Councels and the Canon law part whereof we have set downe in the margent From whence and upon divers other reasons he concludes that the Pope ought not for the future to grant any such exemptions and that those which are granted already ought to bee called in 5 Marsilius of Padua makes a grievous complaint hereof setting out the injustice of them to the life The Pope saith he absolveth all the Prelats and superiour orders from the power care and correction of their superiours as Archbishops from the jurisdiction of their Patriarchs Bishops from the Archbishops Chapters or Colledges of Clergy men from their Bishops as also Abbats and Priours of Monks and now of late I wish it were without a great deal of mischief the Religious called of the Order of Povertie putting them all by a kind of subversion of all order under his immediate care and correction without any evident necessity but rather upon a notorious greedinesse of increasing suits beating his braines to make the fees runne to him wards to spoile the Prelates and inslave them unto him so much the more No man is ignorant of the insolence which proceeds from hence For these exempted persons having not their superiours at hand grow contumacioâ—â— disobedient and irreverent towards those to whom they ought of right to bee subject taking from hence matter and occasion of offending more freely both against them and others 6 Nicholas de Clemangiis toucheth also upon this abuse for speaking of Canons he saith To the end that they may freely and with impunitie commit all kinde of wickednesse which a soule is capable of they are exempted from all the correction and discipline of their Prelates by paying a great ransome He makes a particular enumeration of their vices and crimes and afterwards addes Having committed all these frauds and rapines there is no body to punish them for the poore can have no accesse to the Pope who is the sole Iudge which many of them brag to have 7 Mr. Iohn Gerson in a certaine booke of his where hee treats of the reformation of the Church Consider saith he whether the too large exemption and priviledge of some men bee profitable or no and whether the avoidance of the correction of the Ordinaries granted unto them be commodious The Emperour had also given his Ambassadours in charge to require at the Councell of Trent the reduction of Monasteries under the jurisdiction of the Bishops of the Dioceses where they stand The King of France his Ambassadours stood to their demand as wee have said elsewhere 8 Let us now see the goodly reformation herein made by the Councel For that piece which we have viewed already promiseth some goodnesse for the future First there is no forbiddance nor prohibition of such exemptions nor so much as any restrictions or limitations saving onely forasmuch as concernes Proto-notaries Acolyths Counts Palatines Kings Chaplaines and other such like dignities which challenge a kind of exemption Which saith our Councell ought not to bee granted save upon just important and almost necessarie causes As for other exempted persons let the Pope make as many as hee will no body sayes a word to him But they have done a great courtesie when they declare that nothing is taken from the Ordinaries by such priviledges of exemption inasmuch say they as they shall alwaies have the cognizance and jurisdiction over exempted personâ— as Delegates for the See Apostolique According to them there is no difference betwixt having a proper jurisdiction and of a mans owne head and having it by commission 9 The interest of our France concerning this point is very evident in two things first in the grant of exemption In as much as from all antiquity they were not granted save onely by our Kings and Princes or by the Popes at their instance and upon very weighty and important considerations Next For as much as no Monastery Church Colledge or other Ecclesiasticall body can be exempted from their Ordinary so as to say they depend immediately upon the holy See without the Kings leave and permission These are the very words of one Article Of the liberties of the Gallicane Church They derogate from this right by the second Chapter of the twentie fourth Session of which we have spoke already and the third Chapter of the sixt Session which gives Prelates power to visit punish and correct all exempted Clerkes Secular or Regular so journing out of the Monasterie as Delegates for the See Apostolique 10 And to shew that this abuse of the Popes doth still remaine wee will give one instance as good as all Every man knowes how the Iesuites encrease both in number of men and Colledges and revenues It is a wonderfull thing to heare what relations goe of them yea to see as much as wee see of them at this present that a little poverty should beget so much riches that ten men in such a short time should have bred as many of them alreadie as there are Salvages in the New-found Land Now all these are exempt from the jurisdiction of all Iudges both Ecclesiastique and Secular and a suit cannot bee commenced against them but onely before the Pope in person If any man would plead with them he must resolve to goe to Rome For hearke what their new Buls say which they got from Gregory the thirteenth in the yeare 1584. To be immediately subject to this See and totally exempt from the jurisdiction of all Ordinaries and Delegates and all other Iudges as wee also by virtue of these presents exempt them from them That this is a new priviledge may bee collected from the Bull of Iulius the third of the yeare 1550 where after hee hath reckoned up their priviledges he addes Wee ordaine and declare that all these things and every one of them shall remaine firme and stable for ever and shall bee inviolably observed and kept and that they shall be so judged expounded and decided by all Iudges and Commissaries by what authority soever established depriving all and every one of them of any power of judging and expounding them otherwise So that others
notable usurpations upon Kings and Princes their Realmes and Dominions for a man shall not finde so much as one of them which is not in favour of the Church We may justly say that here is a brave bargaine for the Pope and that â—e could not hope for a greater advantage from the resolutions of these Fathers 3 Wee shall observe in the first place that there are a very many Decretals which were never in use before this Councell witnesse Cardinall Cusan Wee see saith he an infinite number of Apostolicall Ordinances which were never received not even then when they were made Our France in particular hath rejected an infinite companie of them as namely all those which are prejudiciall to the State to the Edicts of our Soveraigne Princes and to the liberties of our Gallicane Church Wee must now receive them and not only those which are contained in Gratians Decret the Decretals of Gregory the ninth Boniface the eight the Clementines and Extravagants but besides all those that are contained in the booke intitled Collectio diversarum Constitutionum literarum Romanorum Pontificum in another called Epistolâ— decretales Summorum Pontificum in three volumes in another intitled Eclogae Bullarum motuum propriorum in that which is called Summa Pontificum and in the seventh booke of Decretals newly composed in the rules of Chancery which are changed and rechanged a thousand times and in other such like collections which containe yet three times as many more constitutions as are extant in the Ordinarie books 4 To this demand of the Emperour wee must joyne the judgement which our Predecessors made of the Decrets and Decretals to the end that the justice which our Trent Fathers used in this regard may bee so much the more cleare Albericus de Rosate one of the best of our Commentatours who lived about three hundred years agoe unfolds their Cabal in this manner The Presidents of the Court of Rome by meanes of their cunning and acute prudence have altered their Statutes and Decrees according to the varietie of the times sometimes exalting their commands otherwhiles abasing them from time to time But to what end save onely insensibly to inslave and bring under their feet as they use to make their brag openly all things both celestiall and terrestriall spirituall and temporall 5 Everard Bishop of Saltzburg said full as much in an Imperiall Diet holden in Germany in the time of the Emperour Ludovicus Bavarus The Pope saith he casts new projects in his breast how to establish an Empire proper to himselfe Hee changeth the lawes hee sets up his owne he pollutes he reaves hee robs hee cheats yea he kils Marsilius de Padua speaks of this in divers passages of his Defensor Pacis In the sixt Chapter after he hath quoted this place of Marke You make the commandement of God of no effect through your traditions hee puts this glosse upon it Thus they doe which teach humane Decretals which give the Bishop of Rome the power and lordship over temporal things and those not Ecclesiasticall only but even Imperiall and Royall making a mock of the commandement of God 6 In the twentie third Chapter hee reckons up the pedigree and progresse of Papal Decrees which will serve for a comment upon that which Albericus and Everard have delivered upon this subject The Bishops of Rome saith hee having arrogated these things unto themselves and relying upon the priviledges and grants of Princes have consequently increased this title then especially when the Empire was vacant First they made certaine lawes about the Ecclesiasticall Order and concerning Clerks which they called Decrees After this they perswaded lay men to certaine Ordinances by way of entreatie and exhortations as fasting and abstaining from certaine meats at certaine times to obtaine the suffrage and mercie of God to remove certaine contagions and tempests of the aire from among men as appeares by the legend of Saint Gregory and some other Saints Next perceiving that the Laity received them willingly and that they observed them by reason of their devotion the custome being now growne ancient in such matters they begunne to alter those institutions which ran by way of entreatie into commands being so bold as even to strike the transgressours of them with the terrour of an anathema or verball excommunication yet alwayes under colour of devotion and divine service and this without licence from the humane lawgiver The desire of domineering encreasing yet more and more in them and they perceiving withall that devout faithfull people were frighted at such words by reason of their dulnes and ignorance of the law of God which perswaded them they were bound to all that was commanded thâ—m by their priests upon paine of eternall damnation the Bishops of Rome with the assembly of their Clergy undertooke to enact certaine edicts or oligarchicall and factious ordinances concerning civill affaires whereby they pronounced and declared themselves together with all those that receive their order or office of Clerkship yea even pure lay men exempt from all publique charge admitting even Secular married men to that office who were easily allured thereunto that they might enjoy those immunities from publique charges gaining unto themselves no small part of the people by that meanes whom they freed from the power of Princes and Magistrates labouring withall to draw yet a great many more from their obedience By other edicts they denounced a curse or anathema against all such as doe any personall injurie whatsoever to those which are admitted into the number of Clerks defameing them publiquely in Churches by excommunications and presenting them neverthelesse to get them punished by the punishments prescribed by humane lawes But the most horrible thing of all and which is most exeâ—rable in the office of Priests is that the Bishops both of Rome and others to enhanse their jurisdiction and thereby their most dishonest gaine to the contempt of God and the open prejudice of Princes doe excommunicate and debarre from the Sacraments of the Church as well Lay men as Clerks which neglect to pay certaine pecuniarie debts or indeed which are not able to doe it to the paiment whereof within a set time they were civilly obliged And not being yet content with these things but aiming at the greatnesse of Secular Princes contrary to the commandement of Christ and his Apostles they take licence to make lawes distinct from those which concerne the generalitie of the citizens by declaring all the Clergie exempt from them and bringing in a civill division and a pluralitie of Soveraigne principalities For this is the root and originall of this contagion of the Realme of Italy from whence all scandals grow every day and as long as it continues discords will never bee at an end For the Bishop of Rome hath enjoyed this power a long time already upon which hee entered by a covert prevarication by litle and litle and the boldnesse of one of
them hath burst out so farre that hee hath declared in his writings that the Roman Emperour is bound to him by an oath of allegeance as subject to him by a coactive jurisdiction as may bee gathered from the contemptible and ridicuâ—lous covert pretences in their narrations which they call Decretals He addes further The Bishops of Rome with their Cardinals durst not call these factious Ordinances lawes but they have Christened them by the name of Decretals howbeit they meane by them to binde men over to punishment and that considering the state of the present age by a coactive power just as humane lawgivers Which at first they durst not expresse by the name of lawes fearing the opposition and correction of the lawgiver considering that therein they incurred the crime of treason Afterwards they called these their Ordinances Canon law to the intent that under colour of the name though wickedly used they might bee more authentique and further to beget in faithfull people a credit and reverence and obedience to them Hee speaks yet more of them in the twentie first and twentie fift Chapters of his second part and some other places but wee will content our selves with this 7 Gregory Haymbourg a German Lawyer who lived in the time of Pius the second about an hundred and fiftie years agoe hath a discourse in a certain booke of his which comes neare to this of Marsilius Their Decret saith he was publiquely composed under Lotharius and Conrad to which howbeit there be much hay and straw of the Pope mingled with the authorities of Saints some notwithstanding give so much reverence as it seemes the Gospel were contained in it And from thence carnall Popes have arrogated to themselves by virtue of this Decree as an authenthentique book not of the Gospel a plenitude of power Afterwards Innocent the third compiled the Decretals for the better defending of their plenitude of power And whatsoever they could wrest from factious and schismaticall Kings and Emperours that they have transcribed into the sixth book of the Decreâ—als and into the Clementines as rights bestowed upon them by Christ. 8 Our French men also have stoutly rejected these upstart Decrets and and have contented themselves with the ancient with those namely which were contained in an ancient collection called Codex Canonum not willing to admitte of any other old or new the one as being supposiâ—itions the other as too presumptuous There was a great quarrell hereabouts betwixt the Bishops of France and Pope Nicholas the first in the time of Charles the Bald inasmuch as Nicholas would have obtruded certaine Decrees upon them for currant money which hee said were ancient which the other refused because they were not comprehended in their Code Wee are informed of this controversie by one of the Epistles of the same Pope writ to the Archbishops and Bishops of France where hee straines to refute their opinion concerning that point Howbeit saith he some of you have writ that these Decretals of ancient Popes cannot be found enrolled in all the bodie of the Code of Canons notwithstanding that they use them without distinction when they make for their purpose and maintaine that they ought not to be received now so to impaire the power of the See Apostolique and augment their owne priviledges If they say then that the Decretall Epistles of the ancient Popes of Rome ought not to bee admitted because they are not inserted in the Code of Canon neither should any edict or rescript of Saint Gregory be received nor of any other either before or after him because they cannot bee found in the Code of Canons All this was inserted into Gratians Decret Where it is to bee observed that all those goodly Decretals were forged since which goe under the names of Clement Anaclet Evaristus Alexander Telesphorâ—s and an infinite number besides which all men of judgement pronounce false upon the bare reading and yet notwithstanding our Councell gives the same authoritie to them which it does to the holy Scriptures 9 Now one of the maine arguments of this forgerie is that in this Code were contained only the Decrees of Sylvester Syricius Innocent Zoâ—imus Celestine Leo Gelasius Hilarie Symmachus Hormisdas Simplicius and Gregory the younger And that Pope Leo the fourth one of Pope Nicholas his predecessours writ to the Bishops of Brittaine That these were the Canons which were received in Ecclesiasticall judgements meaning those which are contained in this Code as it is said in Gratians Decrets Which Gregory the thirteenth in his late purgation expounds thus He meanes saith he the Canons and rules contained in the Corpus or Codex Canonum which the Bishops of Rome were wont especially to use in judgements And this very Code was sent by Pope Adrian the first to the Emperour Charles the Great as is gathered out of certaine verses which wee read at the beginning of it 10 The Nobilitie of France finding themselves grieved with these Decrees of Rome complaine very bitterly of them about the yeare â—247 under the reigne of Saint Lewes setting forth a certaine writing thereupon which went even into forraine Nations and was inserted at large in the historie of England See here a piece of it They doe so annull the Secular jurisdiction by their lawes that the children of servants are made Iudges of free men and their children howbeit according to the ancient and Secular lawes they ought rather to be judged by us and they should not derogate from the customes of their predecessours by their upstart constitutions so as they make us in a worse state than God made the Gentiles when he said Give unto Cesar the things which are Cesars and to God the things which are Gods 11 In the time of Charles the fift there was a booke made in France called The Vergers dreame first made in Latine then translated into French by his command In the seventh and eighth Chapters whereof the Clergy man and the Knight conferre together on this wise I call saith the Clerk and account the Decrees and Decretals of the holy fathers of Rome to bee good law which binde and oblige every true Christian as a subject and sonne of holy Church our mother To whom the Knight replyes If the termes of Rome be Decrees or Decretals Ordinances or Constitutions touching the temporall affaires of Kings Princes or other Secular Lords you Clerks among your selves shall call and account them law if you please But the truth is no man can establish nor ordaine any thing where he hath no power nor authoritie So as the King of France hath no power to make a law or ordinance to bind and tie the Empire so neither can the lawes of the Emperour binde the King of France nor his subjects And a little after I hold it therefore a frivolous thing and very ridiculous that the holy Father should make any Decree Decretal or Constitution about temporall matters And yet the greatest
nor against their vassals and subjects First forasmuch as such lawes have beene abrogated by contrarie practice bee it in Germany England France or elsewhere Secondly forasmuch as the cause of them ceasing there is no need to observe them Now the cause or reason which is fully expressed in those two lawes is this That the authoritie of sacred religion invents and finds out many meanes of allaying suits which the ties and formes of captious pleadings will not admit of That the judgements of Bishops are true and uncorrupted That this is the châ—aking of those malicious seeds of suits to the intent that poore men intangled in the long and lasting snares of tedious actions may see how to put a speedy end to those unjust demands which were proposed to them Now wee have made it appeare in the second booke when we treated of the reformation of the Head that the Pope his Decretals the Court of Rome and other Ecclesiasticall Courts are now adayes become the source of iniquitie and injustice and of all the shiftings and tricks that ever could be invented in matter of pleading and that all Christendome graones miserably under them at this present Why then should a man submit himselfe to their judgement this were for escaping the ashes to throw himselfe in the fire Duarenus speaking of these two laws saith That the conditions of the Bishops being changed both these constitutions grew out of use as it is credible Thirdly the Popes have rendred themselves unworthie of them because they went about to retort thâ—m upon their authours to urge them against those which are exempted from them because they wold have made their liberality redound to their own dammage and have arrogated their power unto themselves and usurped their lawes Lastly those who made those constitutions have power to unmake them to alter or abolish them at their pleasure To what purpose then are they urged against them There needs be no more talke of them in France for they have now beene a long time disused Wee see no tracts of them in our Histories nor in our ancient records And besides wee have at this present some Ordinances cleane contrary to this which forbid Clergy men all jurisdiction over lay men unlesse it bee in spirituall cases as wee have elsewhere expressed CHAP. II. That a Councell hath no power in temporall matters 1 FOr goods and other temporall matters Saint Austin hath passed his sentence by which hee hath submitted them entirely to the jurisdiction of Princes although they be in the possession of Clergy men By what law saith he doe you except the goods of the Church by divine law or humane The divine law we have in the Scriptures and the humane in the lawes Imperiall That which every man possesseth doth he not possesse it by the humane law Humane lawes are the lawes of the Emperours for God hath dispensed humane lawes amongst mankinde by the mediation of the Emperours and Kings of this world And a little after Take away the Imperiall law and who dare say this possession is mine This servant is mine This house belongs to mee If the Royall lawes have ordained that these things should bee holden and possessed by men would you have us to conceale the law that so you might enjoy them And after some passages Let those lawes be read where the Emperours have commanded expresly that those who usurpe the name of Christians unlesse they bee within the communion of the Catholique Church cannot possesse any thing in the name of the Church But say you what have we to doe with the Emperour I have told you already that the question is here of the law humane and the Apostle himselfe would have all men to bee subject to Kings and Kings to be honoured And hath said Have Kings in reverence Say not you then What communion is there betwixt mee and the King otherwise it will be said unto you What communion is there betwixt you and your possessions They are enjoyed by the constitutions of Kings You say What hath the King to doe with me doe not then call those possessions yours for as much as you have renounced humane lawes by virtue whereof such possessions are enjoyed This pregnant place is inserted into the Decree all entire as I have related it so as now it is a Papall law which plainly teacheth us that Ecclesiastiques have no jurisdiction over the lands and possessions and other temporall goods which Churchmen are seized of much lesse have they any over those which are in lay mens power over which notwithstanding the Councell of Trent hath stretched their authoritie 2 Gregory the thirteenth it seemes would have voided and rebated the force of this Canon by that Item which he gives us that the word Church is not at the beginning of the passage because Saint Austine speakes there of heretiques namely to the Donatists Which is very true But if he will inferre from thence that Saint Austine would not have said as much of the goods of the Church wee will deny his argument These goods whereof hee speakes were the possessions of the Church before the Donatists fell into their opinions They were deprived of them by the Emperours because of their heresie They were bestowed upon the Orthodox as Gregory saith in the same place See how the Prince and not the Church doth alwaies dispose of their goods See how Saint Austine and all the Popes with him confesse that it belongs to the Emperour to dispose of them and not to the Church For even that reason which he renders is generall It agrees as well to the Church and Clergie as to any others Besides those which made the collections of ancient Canons as Anselme Ivo and Hildebert have inserted the word Church in that place and Gratian after them as Gregory confesseth which the former Popes did authorize The Emperour Constantine cals those of the Novatians Churches and will have them preserv'd unto them The Emperours Gratian Valentinian and Theodosius call those of other Heretiques Churches and cast them out of them that they may place orthodox Christians in them Arcadius and Honorius made a like constitution Ivo Bishop of Chartres proves it in his Epistles For as much saith he as the guidance and government of temporall things is given unto Kings and that they are called Basilei that is the Basis and foundation of the people if at any time they abuse their power which is given themâ— they must not be too much exasperated by us onely when thâ—y refuse to obey our admonitions they must be let alone to the judgement of God The Councell of Trent doth not use them so but not content with delivering their bodies up to Satan as farre as lies in their power it confiscates their goods and deprives them of their inheritance 3 Pope Nicholas howbeit in his Epistle sent to the Emperour Michel he breathe nothing but winde and smoke having made a division with the
how bad soever they were as Constantius the Arrian Iulian the Apostat Maximus the tyrant when occasion place and the cause required it c. And they say that the scripture of this age holds that every Kingdome of this world is got by armes and enlarged by victories and cannot be purchased by excommunications from the Popes or other Bishops and they urge that holy Scripture saith that Kingdomes are from the Lord by whom Kings reigne and that by the ministerie of men and Angels he confers them upon whom hee pleases See here are things which without all compare deserve rather to be struck with an Ecclesiastical thunderclap than the giving way unto a Duell or interposing their authoritie in a matter of marriage 4 Now whatsoever others bee our Kings are exempted from such thunders so as neither the Bishops of this Kingdome nor strangers no nor the Pope himselfe have any power over them in this regard Wee have hereof divers testimonies our French men do avouch it in an article which was drawne by them in behalfe of King Lotharius against Pope Nicholas the first who would have excommunicated him for his marriage with Waldrada As hee cannot bee excommunicated say they speaking of the King by his Bishops whatsoever his fact bee so cannot he bee judged by other Bishops 5 Vincent in his allegations after he hath set downe the good deeds of the Kings of France towards the Church saith This is the cause why the Kings of France cannot bee excommunicated by reason of their priviledge else their labour should bee fruitlesse Likewise their souldiers and their men of warre and their Captaines inasmuch as they cannot offend by obeying them These last words must bee understood of an excommunication thundred out against the men of warre for this reason because they fight for their Prince 6 Lancelot Conrade a Lawyer of Millain subject to the King of Spaine saith as much in expresse termes The King of France pretends to have this prâ—viledge that hee cannot bee excommunicated neither by the Canons nor by men As the Doctours collect in the division of the chapter Vbi Periculum in princip de elect in 6. When the Parliament of Paris gave their opinion and all the Chambers met together about receiving the Cardinall d' Amboise and the qualifications that should bee put to his Faculties which was upon the eleventh of December 1501 The lawes of the Land and the liberties of the Gallicane Church were represented at large amongst which this was one That the King of France cannot bee excommunicated that his Kingdome cannot bee put in interdict as is collected out of the ancient Registers 7 Yet notwithstanding alwaies as oft as the Popes have gone about to attempt any such excommunications whether by their owne proper authority or joyntly with Councels they have found strong resistance and the French have got this commendation that they never abandoned their Princes in such conflicts The Histories thereof are knowne to all men and they have been so canvased in divers writings set out during our late troubles that it will bee fitting to overpasse them that wee renew not the memorie of our former miseries We will only say that some Popes have in good sincerity acknowledged this right and prerogative of our Kings yea which is more they have confirmed it by their Buls declaring thereby that the King of France cannot bee excommunicated nor his Kingdome interdicted and amongst others Martin the third and fourth Gregory the eighth ninth tenth and eleventh Alexander the fourth Clement the fourth and fifth Nicholas the third Vrban the fifth and Boniface the twelfth whose Buls are yet preserved in the treasurie of the Kings Charters as divers testifie 8 Pope Benedict th' eleventh partly as it is probable upon this occasion revoked the excommunication which was denounced by Boniface the eight his predecessour against Philip the Faire of his own meere motion and without being desired unto it by any man as Walsingam witnesseth He absolved saith he Philip the Faire King of France from the sentence of excommunication given out against him by his predecessour without being desired to it Wee read the Bull thereof to this day in Mr. Nicholas Gille in his Annals of Aquitain Amongst the testimonies of Popes wee will put that of Sylvester the second for the judgement which he passed before he was preferred to the Popedome and the excommunication which the Pope that then was threatned against the King and some Prelates of this Kingdome See here the place taken out of one of his Epistles which hee writ to the Arch-Bishop of Sens 9 I say confidently and boldly that if a Bishop of Rome hath offended against his brother and will not give eare to the admonitions which should bee divers times given by the Church I say that same Bishop of Rome by the commandement of God must bee accounted as an Heathen and a Publicane For by how much the degree is higher by so much the fall is greater But if hee account us unworthie of his communion forasmuch as none of us will consent with him in that which is against the Gospel hee cannot therefore separate us from the communion of Christ. And presently after We should not therefore give this advantage to our ill-willers as to make the Priesthood which is but one in all places as the Catholique Church is but one seeme to bee subject to one man only in such sort that if hee be corrupted by money or favour or fear or ignorance no man can bee Priest but hee that shall be commended unto him by such virtues as these 10 Whence wee collect that the Popes have no more power over our Kings in matter of excommunications than other Bishops whether of their owne Kingdome or strangers The Courts of Parliament of this Realme and especially that of Paris have alwaies stood out against such excommunications and have declared them to bee frivolous nullities and abusive yea and have proceeded with rigour and severitie against the bearers of them The Arrests given out against the Buls of Benedict the thirteenth the two Gregories the thirteenth and fourteenth are sufficient witnesses hereof Now it is not only true that our Kings cannot be excommunicated but which is more they may absolve such of their subjects as are excluded from the Communion of the Church yea they are accounted to restore them to their former state by the meere admitting of them to their table or into their company This is a thing which wee finde upon record in the Capitularie of Charles the Great in these words If the Royall power doe receive any delinquents into favour or admit them to his table they shall be likewise received into the assemblies of the people and Clergy in Ecclesiasticall communion to the intent that the ministers of God may not reject what the pietie of the Prince doth admit The Prelats of France have observed this law at other times Ivo Bishop of Chartres saith hee
practised it towards one Gervase and hee sets downe the words of this Ordinance In another epistle he gives us to wit that our Kings have this priviledge not only for other men but for themselves too Kings saith hee shoâ—ld not bee exasperated by us but in case they will not rest quiet for all our admonitions they must be left to the divine judgement Hence it is that wee read in the Capitularie Royall concluded upon by the authoritie of the Bishops If the Royall power c. 11 Now this priviledge that they cannot bee excommunicated is no new thing Clement the fourth in one of his Decretals confirmes this privildge granted to the Kings Queens and their children that they cannot be excommunicate nor their lands interdicted Which Iohn Andreas extends to the brethren of Kings so they be children of Kings too but not to such as are only brethren and no more For example If saith he 〈◊〉 that is no Kings sonne should succeed in a Kingdome where such a proviso is made as suppose in the Kingdome of France at this present the Kings brethren shall not enjoy this priviledge But when according to the ordinarie custome the eldest succeeds in the Kingdome and hath brethren by the fathers side they enjoy this privildge forasmuch as they are children of the same head This instanceing in France shewes that our Kings are of the number of those that have this priviledge that they cannot bee excommunicated nor interdicted à quocunque as the Decrâ—tall hath it that is By any man whatsoever Which may be understood as well of the Pope himselfe as of others 'T is true the glosse excepts him as also his Legat à latere but that doth not take place against our Kings who by reason of their great deservings and good deeds to the Church are exempt from all such thunderclaps CHAP. IV. That the Councel useth commanding termes to Kings and Emperours and makes them executioners of the Bishops Decrees Of the honour which was anciently done unto them by Clergy men 1 OVr Councell is not content with clipping the rights authorities and prerogatives of Kingsâ— Princes and other Lords to enhanse that of Rome but further it tramples them under foot makes them but officers and ministers to Bishops by commanding them to execute what these ordaine The holy Councell say they doth further exhort all Kings Princes Common-wealths and Magistrates and by virtue of holy Obedience doth command them to interpose their aid and authoritie in behalfe of the said Bishops Abbats Generals and others which have the charge and superintendence for the putting of the said reformation in execution every time and as oft as they shall be thereunto required to the intent that they may without any impediment put in execution the things aforesaid to the glory of almighty God 2 Had there beene no more but a bare exhortation it had beene well enough but this command founds somewhat harsh however it be mitigated with the sweet appearance of a holy obedience for 't is well knowne in what fashion they serve themselves of these faire words This Mandamuâ— is extraordinary and was never vented but from the stomachs of ambitious Popes or their Conventicles Let a man but reade the Acts of ancient Councels Generall or Provinciall he shall finde nothing but humble petitions sweet exhortations prayers and blessings for as much as concernes Emperours Kings and Princes commands to them were not heard of then They are the men who alone have the fountain and arsenall in their owne hands both for things temporall and spirituall who impart them to whom they thinke good Ecclesiastiques have nothing to do but by way of petition they have neither command nor Empire unlesse they cozen the Monarchs of the earth of it they are Physicians of soules subject to secular powers having no weapons at all but censures and anathema's against such as are perverse and irregular This Mandamus therefore is injust both in regard of those which give it and those to whom it is given so it is too in regard of the subject and reason for which it was made in as much as by virtue hereof Princes and Monarchs must be bound to obey the Clergie of their Empires and Kingdomes and that even to the meanest of them They must be bound to assist them with a strong hand to put their ordinances in execution every time and as oft as they shall bee required thereunto and in case they faile herein there will not want thunderbolts to deprive them of their Empires and Dominions 3 In another Decree they sharply rebuke such Bishops as debase themselves too much to Kings and Princes and give place and submit to them in point of honour 'T is true they speake at first of pettie Kings and other Lords but the end of the Decree relates also to such as are of greater ranke where it is said by way of command to Bishops That as well within the Church as without having before their eyes their place and order they should ever remember that they are Fathers and Pastours And as for Princes and all others that they doe fatherly honour and due reverence to them 4 In the same Decree they renew and confirme all the former Decrees and Decretals which speake of the honour of Bishops and put them in course which are noted in the margent by the Popes expositors and amongst others the Epistle of Innocent the third writ to the Emperour of Constantinople whom some thinke to be Baldwin or his brother Henry who were Frenchmen towards the end whereof it is said If the Imperiall greatnesse would wisely consider these things it would not suffer the Patriarch of Constantinople who is in truth a great and honourable member of the Church to sit over against his footstoole and upon the left hand considering that other Kings and Princes doe with reverence stand up as they should doe before their Archbishops and Bishops and allow them a venerable place next after themselves Gregory the thirteenth in his new purgation of the Decretalls hath put this note upon it See here saith he the Councell of Trent in the twenty fift Session and seventeenth Chapter of reformation But let us here adde the rest of the places in the margent that wee may better know what honour this Councell would have Kings and Princes doe to Bishops 5 The Canon Valentinianus containes the resolution which the Emperour Valentinian made concerning the election of Saint Ambrose and the exhortation which he made to the Bishops then present when the question was concerning proceeding to the election Set such a one saith he in the Pontificall See as we that governe the Empire may sincerely put our heads under his hands and receive his admonitions inasmuch as we shall offend as men like medicines from a necessarie Physician See here words that beseeme a Christian Emperour indeed who gives Clergie men that reverence which is due unto them as
Physicians of soules But the Glossatour conforming himselfe to the ambition of Rome referres all this to worldly honours and vanities Set here an argument saith he to prove that the Emperour is inferiour to a Bishop and that he may bee excommunicated by a Bishop T is true that on the other side hee seemes to favour the Emperour by giving him an office in the Church and making him Archdeacon for expounding the word Ordinem hee saith From this word some have affirmed that the Emperour should have the Order of Subdeacon in the Church but it is not true because hee hath a militarie character yet howsoever hee performes the office of Subdeacon when hee serves the Bishop O bravely thrust 6 Gregory the seventhâ— in an Epistle which he sent to the Bishop of Mentz speakes yet in a more loftie style for point of honour Who makes question saith he but the Priests of Christ are reputed for the Fathers and Masters of Kings and Princes and all the faithfull Is it not knowne that 't is a miserable madnesse if the sonne should goe about to dominere over his fatherâ— or the scholler over his master and by some unlawfull obligations to bring him under his power by whom he may be bound and unbound not only upon earth but in heaven also The glosse makes an exception Yet if the father should grow franticke the son should be made Tutour over him to governe him He that shall reade Cardinall Benno upon the life of this Pope and others that have made mention of him will finde that this is not much beside the cushion 7 Pope Iohn the eighth saith That t is Gods will the disposall of the Church should belong to the Clergie and not to secular Princes who if they be of the number of the faithful his will is they should be subject to the Clergie He addes yet further That Christian Emperours ought to submit their executions to Ecclesiasticall Prelates and not to preferre them Pope Gelasius writ to the Orientall Bishops That Christian Princes were wont to obey the Decrees of the Church and not preferre their owne power To submit their owne heads to Bishops not sit as Iudges of theirs These are the Glosses of the Councell of Trent upon the forecited Decree all taken out of Gratians Decree all hammered out and whetted in the Popes forge 8 They forgot that Decretall of Clement the third Saint Peter commanded saith he that all Princes of the earth and all other men besides should obey Bishops The Glossatour infers Ergo The Princes of the earth are inferiour to Bishops Which is true But if the King have many Bishopriques within his Realme before which of them shall he treat of his spirituall cases Hee shall treat of them before that Bishop in whose territorie hee makes his principall residence Which glosse is approved and followed by the Canonists that comment upon that place And wee need not wonder if they would have the King to repaire to the Bishop to treat of spirituall matters For there are some of them that left it in writing that if the Bishops bee out of the fiefs or mannors which they hold they are not bound to call Kings by their names nor to acknowledge them for Kings not so much as for the goods temporall of the Church It is a Pope that pronounced this sentence by name Innocent the third 9 We forgot to tell how our Canonists are entered upon a profound piece of Philosopie to know exactly how much the Sun is bigger than the Moone for without the knowledge of this point they cannot resolve how much the Papall dignitie surpasseth the Imperiall inasmuch as this is the ell with which they must be measured the Pope being by Innocent the third compared to the Sunne and the Emperour to the Moone The Glosse upon that Chapter determines the case thus Wherefore seeing the Earth is seven times bigger than the Moone and the Sunne eight times bigger than the Earth it followes that the Papall dignitie is fortie seven times bigger than the Royall Iohn Andreas observes there is a fault in this glosse In other copies saith he it is ten times foure in othersâ— fortie times but neither this nor that can stand with the supputation of the Glosse For if the Earth be seven times greater than the Moone and the Sunne eight times greater than the Earth the Sunne must then be eight times seven times greater than the Moone and therefore it is fifty six times greater For eight times seven make fifty six Pope Gregory in his censure upon this place takes notice of this diversity of reading which is more to his owne advantage In other copies saith he it is fifty times seven times But for the quantity of the Sunne and Moone and Earth and how much greater one of them is than another see Ptolomie in hiâ— fift Booke and sixt Chapter It was requisite to observe that for by this meanes the Popes greatnesse is tenne times greater But see here another addition yet which helpes well to augment the score Here Laurence saith the addition cites the saying of Ptolomy it is evident that the greatnesse of the Sunne containes the greatnesse of the Earth one hundred forty seven times and two halfe parts more It is also well knowne to every body that the greatnesse of the Sunne containes the greatnesse of the Moon seven thousand seven hundred forty foure times and one halfe more See here how they write of this point it being to be feared they will never disintangle themselves out of these doubts but by the determination of a Councell and further it will be necessary that they imploy some surveyouâ— in the busines And if in the meane time the Sunne should happen to decrease or the Moone to encrease there would be a great many amaz'd with it 10 Though this be but a sport yet no man of judgement but will bee more readie to weepe than to laugh at it For this vanitie hath made men renounce the simplicitie of Christianitie to runne after the world and glut themselves with vanities This Ecclesiasticall ambition begunne to grow up as high as Origens times We are in such a taking saith hee speaking of the Prelates of his times that we seeme to outvie the pride of the Princes of this world either because we doe not understand or doe not respect the commandment of Christ and after the fashion of Kings wee desire to have weapons of terrour to march before us Saint Chrysostome saith likewise That the Princes of this world are for ruling over such as are inferiour to them for bringing them into subjection and spoiling them when they deserve it and for serving their turnes of them to their commodity and for their honour even to death But the Prelates of the Church are ordained to serve such as are inferiour to them and to minister unto them all that they have received from Christ c. It is not then either just
service and that such Priests as are ordained and established in them shall not be tyed and bounâ— to doe any other service but Ecclesiasticall for and in consideâ—ation of the tithes and oblations of faithful peopleâ— houses base Coâ—rts or gardens adjoyning to the said Churches nor for the Manour aforesaid A certaine Councell held at Paris doth commend and follow this same Ordinance and our Popes have canonized it 13 The Councell of Pavy holden under the Emperour Lewes the second in the yeare 855 addresseth these words unto him As for the reparation of Churches the Chapter which was made by your Predecessour is suâ—â—icient But that it may bee observ'd it stands in need of your admonition So likewise forasmuch as concernes places for the entertaining of strangers that which is set downe in the Capitularie ought to bee observed 14 The Emperour Iustinian in one of his Edicts doth excommunicate all heresiesâ— and that of Nestorius and Eutyches in particular Wee anathematize all heresie and especially that of Eutyches and Nestorius as also that of Apollinaris Hee further ordaines that if the followers of that sect doe not returne after the warning which should bee given unto them by virtue of his Edict That they should not looke for any favour or pardon commanding that they should be punished with condigâ—e punishment as convicted and denounced heretiques This Edict was commended and approved bp Epiphanius Patriarch of Constantinople and by a good number of Bishops which were then at Constantinople as the same Iustinian affirmeth in one of his Constitutions directed to him where after he hath rehearsed the tenor of the said Edict These are the things saith he which by our divine Edict we have condemned in the persons of heretiques to which all the most holy Bishops and reverend Abbats which were then present in this Citie have together with your Holynesse subscribed Pope Iohn in the answer which he made to the same Emperour hath such another confirmation Wee have beene informed saith he by the report of Hypatius and Demetrius that you being stirred up by the love of the faith for the abolishing of the opinions of heretiques have set out an Edict following therein the Apostolicall doctrineâ— and with the consent of our brethren and fellow-Bishops which wee by our authoritie doe here confirme as conformable to the Apostolicall doctrine Pope Iohn's successour would say now adaies That it does not concerne him to intermeddle so farre in divine matters Hee goes further yet for he prayes Iustinian that hee would mitigate this his Edict towards such as would repent Forasmuch as the Church doth not shut her bosome against those that returne unto her I entreat your Clemencie saith he that if they will returne to the union of the Church by forsaking their errours and casting off their bad intention that you would turne the edge and point of your indignation from them by receiving them into your communion and admitting them into your savour upon our intercession 15 A certaine Councell held at Tribur under King Arnold which is extant in a Booke of Rhabanus hath this preface In the 895 yeare of the incarnation of our Lordâ— the glorious King Arnold so journing at Tribur there were twenty six Bishops assembled and to the number of a hundred Abbats of Monasteries whom the same King commanded to treat of Ecclesiasticall lawes and promised to shew himselfe a most devout coadjutour for the reestablishing of the Canons and Decrees as also the Constitutions of his ancestours which are contained in their Capitulary so farre forth as he should find them infeebled He assisted also the Bishops and the holy Synod by his authority Royall against some secular persons who would have infringed the Episcopall authoritie and those capitulary Lawes which are hereafter set downe were published and approv'd by him 16 As for the Popes In former times they did not onely not contradict this but rather became supplicants to Emperours for the obtaining of such rules and Ordinances saith Marsilius of Padua And indeed Leo the fourth writes to the Emperour Lotharius in this manner As for the Capitulary Ordinances and Imperiall Constitutions as well of your selfe as of your predecessors we declare unto you that we will observe and keepe them exactly both at this present and for ever hereafter so farre forth as we are or shall bee able and if perchance any man either hath or doe informe you otherwise know for certaine that he is a lyar See here a faire promise which was canonized in the Decret but it serves for nothing there but tapestrie 17 The Emperour Maurice set out a prohibition in one of his Constitutions That such as were bound to beare armes or to other publique services should not be admitted into any Ecclesiasticall habit nor into any Monasterries seeing by that meanes they thought to secure their affaires Gregory the Great sent this Edict to the Bishops of Sicily recommending the observance of it unto them Which was approved by his successours who have canonized this Epistle of his 18 Pope Gelasius recommends the observance of lawes made by secular Princes about Ecclesiasticall matters Who dare say saith he that the lawes of Princes the rules of Fathers or the new admonitions may be sleighted And he afterward speakes of two naturall borne slaves who had beene made Deacons in the Church contrary to the said lawes One of the Bonifaces writ thus to the Bishops of France If any doubt doe arise about Ecclesiasticall law or any other matter betwixt any two Bishops belonging to the same Councell let the Metropolitan in the first place judge of it at the Councell with the rest of the Bishops and if the parties will not stand to that judgement then let the Primate of the Countrey have the hearing of it and determine of it according to the Ecclesiasticall Canons and your owne lawes and neither of the parties shall have power to contradict it Which is avowed in like manner by his successours 19 We have elsewhere handled many points which concerne the authoritie of Kings and Princes as the calling of Councels the presidence and judgement in themâ— the authorizing of them the election or nomination to Bishopriques the jurisdiction over Clergie-men and other things of like nature which it is not necessary to reinculcate here Wee will adde for a close that famous passage of Demetrius Archbishop of Bulgaria which containes a great part of all that goes before and with which for that reason we will conclude Hee therefore in one of his responses to Constantine Cabasilas Archbishop of Dyrrhachium saith The Emperour being as it were the common knowing Monarque of the Churches doth preside in Synodicall determinaâ—ions and makes them be in force he prescribes Ecclesiasticall Orders he sets lawes to the lives and politie of such as serve at the Altar as also to the judgements of â—ishops and Clerkes and to the suffrages of vacant