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
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
Christians as are subject to them The same author in another passage We must not be ignorant saith he that the humane law-giver or he which rules by his authority may lawfully impose any taskes and collections upon the temporals of Ecclesiasticall men principally upon their lands and immoveables which we call benefices c. Saint Ambrose in one of his Epistles saith If the Emperour demand his tribute we doe not deny him it The revenues of the Church pay tribute Hugo de Sancto Victore speakes expresly of it in his tract of the Sacraments Let the Church know saith he that such possessions cannot be so farre alienated from the Royall power as that if reason and necessity do require it the same power needs not protect them or that those possessions should not relieve him in time of necessity Marsilius againe in another place But if the supreme Law-givers or Commanders stand in need of these temporals they may in case of necessity make use of all that remaines over and above what is bestowed in the maintenance of the Ministers of the Church and of the poore and may by their own authoritie lawfully seise upon it according to the divine law notwithstanding any contradiction of the Priests Ministers and that not onely the tenths but even the fourths and thirds c. AEneas Sylvius in his fift booke Of the beginning and authoritie of the Empire saith That the possessions of the Church owe tribute to the Empire Which he proves by the testimonie of Saint Ambrose and many others out of holy Writ Chassaneus who was President of the Parliament of Aix in Provence saith That Prelates are subject to Kings for their temporall meanes though they be not feodall that they are bound to obey their Ordinances and Constitutions for as much as concernes the said goods that such temporall meanes of Clergy men even those which are infeodated are lyable to the payment of new tasks in case Kings should have a minde to impose any for the defence of their kingdomes 11 But for this matter we need not seeke any other testimonies than those which are extant in the Popes owne bookes That place of Saint Ambrose which was formerly quoted hath beene canoniz'd in Gratians Decree If the Emperour demand tribute we doe not deny him it The revenues of the Church pay tribute If the Emperour desire to have the meanes he hath power to take them to himselfe In another Canon it is said It is a great and spirituall lesson by which we learne that Christians are subject to secular powers for feare lest any body should thinke that the Ordinance of an earthly King may be violated For if the Sonne of God payed tribute who art thou that art so great as to think thy selfe exempted One Pope Vrban said That the tribute was found in the fishes mouth as Peter was a fishing because the Church payes tribute of things externall which lye open to every mans view 12 It is true that Gratian after he hath set downe these Canons plants others by way of battery against them to beat them downe such as are approved by Popes in such sort that they pronounce themselves exempt from all subsidies and tributes and also all others of their order Clergy men have exemptions indeed and those very faire ones both for their persons and their goods they have priviledges which are both honourable and profitable I confesse they have But they are very ingratefull if they doe not therein acknowledge the liberalitie of Kings and Emperours These are the markes of their bountie 13 It cannot bee inferred from all this tho that there is any release from the power and soveraigntie which belongs unto them nor from those dues which they were wont to receive save onely so farre as they are pleased to remit them The Emperour Constantius does ordaine that the Clerkes of the Provinces shall pay the charges due to the Exchequer for their possessions The Emperours Honorius and Theodosius grant an immunitie to Churches from sordid payments but not from others and they reserve to themselves the power of laying impositions upon them in case of necessitie The same Emperours declare in another place that they doe not exempt them from such taxes as shall be assessed for the repairing of bridges and high waies Constantius and Constans had formerly granted the same immunitie to Ecclesiasticall persons their wives and children to wit from forbid payments but not from others The Emperours Theodosius and Valentinian declare the vassals and tenants of the Church lyable to the same services that others are They declare likewise that the possessions of the Church must pay tribute These are the same Emperours that prohibited the alienation of Ecclesiasticall goods that gave Councels power to receive revenues by legacie from dying men 14 If these were anciently the Imperiall rights it would be known at what game they were lost The Popes have made lawes for the confirming yea enlarging of these immunities Councels have likewise interposed themselves in the same businesse both they and these in such sort as they have forgot their benefactors and not remembring that these exemptions are the courtesies of these very Kings and Emperours whom they forbid to lay any imposition uppon such goods without their leave Yet our Kings of France are alwaies excepted by the testimonie of our Doctours who thinke that to bee his speciall priviledge which is indeed the common right of all Princes Though in very deed it is made speciall by reason of the usurpation of Popes who have got their ends in others the French onely excepted And yet they are not out of hopes of them too For amongst their Decretals there is one of Alexander the fourth which expresly forbids the French To impose any taxes collections or exactions upon Churches or Ecclesiasticall persons or to require them of them for their houses lands or other possessions whatsoever heretofore got or purchased or hereafter to bee got or purchased by the said Churches or persons Ecclesiasticall This Decretall together with all the rest is approved by this Councell of Trent yea which is worth the observing Gregory the thirteenth in his late censure of the Canon Law hath made this addition to the said Decretall Looke saith he the Councell of Trent at the twentieth chapter of the twenty fift Session where the priviledges and immunities of Churches and Eclesiasticall persons are renewed and confirmed So that we must talke no more of this priviledge hereafter if our Councell be received And that no man make any further doubt hereof let us heare how this and that other Gregory the fourteenth would make men beleeve it in their Buls De coena Domini given forth by them afterwards to be thundered out in this kingdome We excommunicate and anathematize those which impose any collections tenths taxes payments or other charges upon Clerks Prelates or other Ecclesiasticall persons or upon the goods of
or profitable to desire primacy in the Church For what wise man is there that with his good wil would submit himself to such a servitude and undergoe such a danger as to bee bound to give account for all the Church unlesse perhaps some that is not afraid of Gods judgement abusing his Ecclesiasticall primacy in a worldly way by converting it into a secular power And what is this else but turning the Ecclesiasticall dignity into a secular to dispute so much about honour and place not against other Ecclesiastiques which were more tolerable but against the Princes of the earth the respect and observance of whom was so much recommended unto them to declare them their inferiours their subjects their vassals perverting all order both divine and humane Where is there any earthly Prince or Monarch that ever made such a goodly shew and boast of their greatnesses and preheminences as the Popes have done For what wee say here is nothing in comparison of what we have delivered in the second Booke 11 Pope Leo the first in an epistle of his to the Emperour Martian writes to him in another manner style than would bee used at this day Forasmuch saith he as your pietie and most religious pleasure ought in all things to bee obeyed I have willingly contributed my opinion and advice to the Synodicall Constitutions which pleased and liked me well concerning the confirmation of the Catholique Faith and the condemnation of heretiques Your Clemency will be pleased to take order by your command that these things may come to the knowledge of the Clergie and Church Pope Gregory the Great speakes in like manner to the Emperour Maurice in one of his epistles In obedience to the commands of my Lords I have writ to my said fellow Bishop with all sweetnesse and humilitie An ancient Authour writes That when the Emperours by their Ambassadours commanded the Popes to come to Constantinople they did not faile to repaire thither although they were afraid to be sent into banishment 12 One of our French Monkes testifies that the Popes were wont to adore the Emperours and that Leo the second did so to Charles the Great Pope Leo saith he set the crowne upon his head all the people of Rome shouting out Life and victory to Charles Augustus crowned by God the Great and peacefull Emperour of the Romanes After which acclamations hee was adored by the same Pope after the manner of ancient Princes Francis Guicciardine relates that about the same time of the same Emperour The Popes were wont to put these words in their Buls to shew the date of them Imperante Carolo domino nostro 13 In the Acts of the Councell of Meaux holden in the yeare eight hundred fortie five under Charles the younger King of France we reade this Chapter taken out of another French Councell If any man out of a swolne and contumacious spirit be so bold as against all authority and reason obstinately to contradict the Royall power which is given by God as the Apostle saith and if hee peremptorily refuse to obey his just and reasonable commands according to God and Ecclesiasticall authority and the law Civill let him be accursed The ancient Councels both Generall and particular are full of titles of honour and termes of respect and reverence towards Kings and Emperours Miserable ageâ— That we should bee now put to it to insist upon such discourses as these to keepe within compasse the ambition and vanitie of such as cannot â—ee commended but for their holy humility especially CHAP. V. The authority of Kings and Emperours for as much as concernes the Church and Clergie 1 WEE have seene already the power of Kings and Princes made nothing of and enslaved to Churchmen their honour debased their place usurped their majesty disregarded Now over and above what hath beene delivered particularly upon every point already wee must here shew that the authority and dignity which they have in the Church is but to cleare the doubt which our Canonists raise Whether the Emperour deserve to have a Subdeacons place Kings and Princes being ordained by God in such sort that all their subjects even the Ecclesiastiques themselves are bound to give honour and obedience to them have both the powers in their owne hand the Ecclesiasticall and the Civillâ— which they exercise either by themselves immediately or by those upon whom they bestow them 2 Marsilius of Padua proves it by many pertinent reasons which would be too long to produce in the fourth fift and ninth Chapters of the second part of his Defensor pacis And in another place he saith Whence it appeares to be true what we have already set downe that the coactive authority as well over Clergy men as others belongs to the humane Lawgiver or to him that rules in his behalfe And de Ferrariis the Practitioner saith Thou must know thou Ignoramus that the Empire had sometimes both the swords the temporall and the spirituall In such sort as the Emperours then bestowed all the Ecclesiasticall livings in the world and which is more did elect the Pope At this present they doe make but little use of this power which hath beene taken from them by usurpation as we have said elsewhere Yet for all that they doe not cease to have a right unto it and one day or other may recover it For in these and such like cases prescription hath no place They have such a stroke and authority in the Church that they are counted the protectors of it the patrons defendors and preservers of it not as executioners of the Ordinances and Injuctions of Priests for this is all the authoritie which our Councell and the Popes Doctors allowes them but as principall members as those who have the power in their owne hands over all things 3 Charles the sixth in an ordinance of his dated the eighteenth of February 1406 made by the Councell and assistance of the Lords and Clergy of his Realme saith That the Royall power is ordained by God for the preservation of the Church and that the kingdome of heaven increaseth by meanes of the earthly Kingdome when those which destroy the Church are crushed by the rigour of Princes That the sacred Canons will have recourse to be made unto Princes when such things are committed by great men in the Church and that according to the opinion of holy Doctours the Pope ought not to bee obeyed in such things wherein the state of the Church is notoriously disturbed And in another of the seventeenth of April 1410. These things being considered that it belongs unto us who are the Guardian Protectour and Defendour of the Churches of our Kingdome and of Dauphinie and who have ratified and approved the Statutes and Ordinances aforesaid made in the Councell aforesaid to cause all this and all that followes upon it to be observed and kept inviolable c. 4 The Parliament of Paris in the Remonstrance made by
Chap. II. p. 260. 1 OF Fraternities how devoted 2 How dangeroâ—â— to the State 3,4,5 Of the Fraternity of the Chaplet or the Order of Penitents 6 Of the sect of Flagellants 7 8 Their originall and orders 10 Gersons booke against them Chap. III. p. 265. 1 DIspensations abused by the Pope 2 Hee takes upon him to dispense with the Lawes of God and man 3 Complaints made hereupon by the Catholiques in Germany 6 By Saint Bernard 7 By the Parliament of England 9 By the Councell of Constance 10 By Iohn Gerson 11 By the deputies of Pope Paul 12 Reformation demanded at the Trent Councell 13 Which medled with them onely in three cases 14 And that as good as nothing 15 And contrary to the liberties of France Chap. IV. p. 269. 1 OF unions of Benefices both reall and personall Which the Councell leaves to the Popes disposall 2 Which of right belongs to the Bishops of the Dioceses with consent of the patrons 3 Vpon reasonable cause 4 5 6 Otherwise they have and may be disanull'd nothwithstanding any prescription 7 Contrary to the Councell of Trent which allowes prescription in some and the Popes pleasure in all Chap. V. p. 271. 1 OF the residence of Bishops Which the Councell leaves to the Popes approbation To the prejudice of Princes and Metropolitans 3 To whom it belongs to approve the causes of their absence 2 How Popes by this meanes deprivâ— Princes of their best servants 4,5,6 For Kings to approve of non-residence was the practice of France before this Councell 8 And the law since Chap. VI. p. 273. 1 BY this Councell of Trent there can be no more Gâ—nerall Counâ—els but when the Pope pleaseth 2 Which takes away all hope of reformation 3 And is contrary to the Decrees of former Councels 4 The benefits proceeding from the frequency of Councels 5 They bridle the Popes power And therefore they decline them Chap. VII p. 275. 1 OF Iesuites Their Order confirm'd by this Councell 2 Their speciall vow of obedience to the Pope 3 Their deifying of him 4 They are the Popes Ianizaries and Emissaries in the State 5 Slaves to the Pope and therefore nâ— good subjects to their Prince 6 Their doctrine that Kings may be deposed 7 And of excommunicate killed 8,9 That heretiques are to bee put to death 17 Iesuites pernicious to the State therefore once banished out of France Chap. VIII p. 280. 1,2,3 THat this Councell in effect gives the election nomination and investiture in all Abbeyes and Bishopriques to the Pope 4 How this is prejudiciall to Princes 6 How elections were anciently made by the Clergie and people 7 Sometimes by the Pope Yet still by a power derived from Emperors and Princes 8,9 Proved out of the Canon law Popes anciently elected by the Emperour 13 14 This prerogative not renounced by the Emperour Lewes nor Henry 15 16 But practised by Emperours and allowed by Popes till Grâ—gory the sâ—venth 18 And then taken from them by usurpation Chap. IX p. 285. 1 THe election and investiture of Patriarchs and other Bishops belonged to the Emperours 2 3 In which the Popes had nothing to doe but by commission from them 10 Till Gregory the sevenths time who first usurped this power Which was afterwards the occasion of many quarrels betwixt Emperors and Popes 11,12 c. As betwixt Henry and Paschal about investitures 16 The Emperors renuâ—â—iation invalid 17 Because compell'd 18 And does not binde his successors 19 Who redemanded their right 20 The Councels that condemn'd Investitures for heresies censur'd 21 22 And Ivo for defending them 23 Who contradicts himselfe 24 The Emperour Henry in part excused Chap. X. p. 291. 1 ELections nominations and investitures belonging to other Kings and Princes in their owne dominions As the Kings of Spaine 2,3 c. The Kings of England possessed of this right both before and since the Conquest 11 With the Popes apâ—â—â—bation 12,13 The Kings of Hungary 〈◊〉 Apulia have done the like 14,15,16 How the Kings of France have behaved themselves in this point 18,19 Their right confirm'd by Couâ—â—el 23. And testified by Civilianâ— 26 Elâ—ctours to have â—â—e Kings Conge d'â—liâ—e 27 And the elected to tâ—ke the oat◠〈◊〉 â—llegeance â—8 29 That the Kings of France retâ—â—ne the â—omiâ—â—tion and the Popes have got the confirmation of Bishopâ—â— 30 Which râ—â—ders them obnoxiâ—â—a to the Popes and carâ—lâ—sse of their Prince 31,32 c. Examples tâ—â—â—eof in Englâ—â—d and Franceâ— BOOK VI. Chap. I. p. 299. 1 ALL jurisdiction in all causes and over all persons belongs originally to Secular Princes 2 This Councell exempts Bishops and even in crimiâ—all causes submits them onely to the Pope 3 Contrary to right 4 5 And ancâ—ent practice 11 c. How Emperours have exercised their jurisdiction over Clergie-men sometimes by their Delegates 12 Sometimes by Councels 15 16 c. This right of Princes acknowledged by Popes 18 Established by the Imperiall lawes 19 Allowed by Councels 21,22,23 French Bishops judg'd by their Kings Sometimes with a Councell 24 Sometimes without 26 This judgement of Bishops refused by Popes 27,28 The present practices of France in such cases Chap. II. p. 306. 1 THat Bishops by this Councell are made the Popes delegates in matters of their owne ordinarie jurisdiction 2 As visitation of Monasteries 3 Providing for Sermons in peculiars 4 Assigning a stipend to Curates 6 Visiting of Clergie men 7 Assigning of distributions in Cathedrall Churches 8 And assistants to ignorant Rectors 9,10 Vniting Churches 11 Visiting exempted Churches 12 And others not exempted 14,15 Visiting of Hospitals and Schooles 16 Disposing of gifts to pious uses 17 Such delegations prejudiciall to Bishops Archbishops and Lawyers 18 Evocations of causes out of other Courts to Rome allowed by this Councell 19 The inconveniences thence ensuing Chap. III. p. 313. 1 THis Councell entrencheth upon the Secular jurisdiction by attributing seemingly to Bishops 2 But really to the Pope 3 The cognizance of many things which in the Realme of France belong to the Civill jurisdiction in some cases not wholly to the Ecclesiasticall 4 As libels 8 Sorcerers 9 Clandestine mariages 10,11 And some other matrimoniall causes 12 Right of patronage for the posâ—essory 13 Lay appropriations 15 Maintenance of Priests 17 Visitation of benefices so as to compell reparations to be made 20 Sequestration of fruits 21 Royall Notaries 22 Simple Shavelings 25 Civill causes of Clerkes 26 Adulâ—â—râ—es 29 Seisure of goods 30 Imprisonments 31 32 Appeales as from abuse abrogated by this Councell 33 Erection of Schooles 34 Building-money 35 Meanes of hospitals 36 Infeodation of Tithes 39 Taking of the accounts of Hospitals Colledges and Schooles Chap. IV. p. 32â— 1 EXemptions granted by the Pope to Churches Colledges Abbeyes c. confirmed by this Councell to the prejudice of Bishops 2 3 Many complaiâ—â— anciently made against them 4 The Popes have no power to grant them 5,6 The unlawfulnesse and abuses of them 7 Reformation hereof desired â—t the Trent
Councell 8 But not obtain'd 9 Exemptions how used in France Chap. V. p. 327. 1 THe power of granting pardonâ— for criminall matters 2 Allowed to the Pope by this Councell 3 Vnknowne to antiquity 4 Being the true right of Princes Chap. VI. p. 328â— 1 THe number of Papall Constitutions and Decrees complain'd of to this Councell 2 Yet not abated but all confirm'd by it 3 Many whereof were not received before 4,5 Ancient complaints made against them 6 By what degrees Popes usurped upon Princes by themâ— 8,9 Many pretended Decretals are supposâ—titious 15 Many abusive 17 And derogatory to the Imperiall lawes 19 The worst Popes authours of them And the greatest enemies to Princes Chap. VII p. 335. 1 THe censure of all bookes left to the Pope by this Councell 2 The extent oâ— this power and mystery of the Index expurgatorius 3,4 Wherein they condemn all authours that stand for the rights of Secular Princes 5 Or of Councels against Popes 6 And all that have writ against the abuses of their Court 7,8 c. And by the like reason they may condemne all or most of the lawes of Princes and liberties of the Gallican Church BOOKE VII Chap. I. p. 341. 1 THat this Councel tends to the depressing and abasing the authoritie of Christian Princes 2 By robbing them of their temporall jurisdiction 3 Especially in case of duels That a Councell hath no coactive jurisdiction over Princes This proved by authority of Scriptures 4 And ancient Fathers 5 And Popish authours 6 All coactive jurisdiction derived from Princes 7,8 Over the Clergie variously exercised by the Imperiall lawes 9 What use the Popes make of them 10 They doe not binde present Princes Chap. II. p. 346. 1 THat a Councel hath no power in temporall matters Proved by authoritie of Fathers against the Trent Councel 3 By the practice of Popes 5,6.7 And ancient Councels 8 By reason 10 Secular Princes may require subsidies of Clergie men 11 Even by the Canon law 12 If they have any exemptionsâ— 13 As they have many 14 They were first granted by Princes Such subsidies injustly prohibited by this Councell 15,16 And some former Popes Chap. III. p. 352. 1 EXcommunications abused by Popes against Princes 2 Kings should not easily be excommunicated 3 As they are by this Councel 4 The King of France claimes a priviledge and exemption from excommunication 5 And why 7,8,9 This priviledge acknowledged by Popes 10 Maintained by Parliaments 11 Confirmed by Popes Chap. IV. p. 355. 1 THis Councell useth commanding termes to Kings and Princes and makes them but the Bishops officers and executioners of their Decrees 2 Contrary to the practice of former Councels 3,4 c. This makes Princes inferiour to Priests in point of honour 9 How much the Pope is greater than the Emperour 11 12 The humility of ancient Popes and the great respect they used to Kings and Emperours Chap. V. p. 359. 1 THe authority of Kings in the Church and over the Clergie 2 More in right than in fact 3,4,5 They are the patrons and defenders of the Church 6 And have power to reforme it 7,8,9 This power confest by Popes 10,11 And Popish writers 12,13 Exercised by Emperours 14,15 c. And kings of France Chap. VI. p. 365. 1 THat Emperours and Kings have in all ages made lawes of Ecclesiasticall politie and discipline 3,4 Both before Christ 5,6 And since 7 That they had power so to doe But not to administer the word or sacraments 8 Especially the Emperour the Kings of England and France 9 10 c. This power of Princes coâ—fessed by Councels and adâ—itted by Popes 16 Who became suiters to them in that behalfe 17,18 And proâ—oters of their ordinances Chap. VII p. 371. 1 THe King of France wrong'd by this Councell iâ— point of precedence before the King of Spaine 2 3 The quarrell betwixt their Ambassadours at Trent about it 4 The Spanish party favoured by the Pope 5,6,7,8 And by the Councell 10,11 The King of France his right proved by Councels 13 Doctors 14 Even Spaniards 15 The Popes prevaricaâ—ion in the cause 16 Which is not yet decided Chap. VIII p. 377. 1 INdults and expectative graces utterly prohibited by this Councell 2 But tolerated by the lawes of France and practised there 4 All power in excommunications either for procuring or prohibiting them taken from Civill Courts and Magistrates by this Councell 5 Contrary to the law and custome of France Where the kings by their officers doe decree them 6 Or prohibit the execution of them 7 Thereby curbing the attempts of Popes 8 Prejudiciall to the lay Iudges 9 Censures and excommunications abused by Popes 10 And therefore opposed by Princes 11 A reformation required at Trent 12,13,14 And before that they might be used for petty matters 16 Yet no remedy obtained Chap. IX p. 383. 1 THis Councell disposeth of the goods of Religious persons Contrary to Law 2 Gives Mendicants leave to possesse lands contrary to their Order and its owne Decree 3 And the lawes of France Notwithstanding the Popes dispensation 4 This Councell cancels some leases of Church lands injustly because without the Kings leave 5 It ordaines about commutation of last Wils contrary to the lawes of France Chap. X. p. 385. 1 THis Councell commands all Clergie men to receive the Decrees without regard to their Princes consent 2 Contrary to the practice of other Councels 3 It denounces excommunications in case of refusall Requires an oath of obedience Disaâ—lowes toleration of Religion 4 Approves violence in rooting out heresies 5,6 And ordaines the Inquisition for them 7 Contrary to the Edicts of pacification in France 8 The prejudices done by this Councell admit of no qualification 9 And therefore it hath beene justly rejected Faults escaped Pag. Line Fault Correction 24. 37. preceed preside 31. 18. to staine â— to staine 40. 36. Trent Tyre 41. 34. Rhegno Rhegino 58. 9. a. dele 64. 21. Holynesse Highnesse  32. discords disorders 71. 43. Of Chartres Of the Charterhouse et 224. 5.   75. 24. Fontanus Fontanus hath put  marg Alberius Albericus 81. 3. exequeter one yeeros exchequer one yeares 83. marg Valoterran Volaterran 86. 41. Princes Provinces 94. 33. this in this 95. 9. Apostles Apostle 101. 40. rank instance 109. 24. gave have 121. 46. writ went 122. 53. Avarus Alvarus 125. 30. in into 130. 46. at as 159. marg Radericus Radenicus 166. 34. Sismand Sisenand 187. 10. Empâ—rour Emperours 191. 27. assembling ascribing to him 194. 13. commanded them that dele 222. 22. to wit dele 241. 2. that by that 251. 36. found founded 253. 26. blessed the blessed 257. 47. the. at the. 265. 5. they an the. and. 269. 3. to Popes to the Popes 278. 16. Monarchie Monarch 288. 42. you yon 293. 4. Doctour rings Doctours Kings  5. eight right  33. were they were 296. 42. Churches clutches 307. 21. honour under order over 310. 41. Iudges Royal Ordinaries Ordinarie Iudges Royall
medled with the reformation of the Pope how they spoke of his excessive power of the abuses and misdemeanors of his Court of his injust attempts and the little care which he hath of his spirituall charge and the good of soules This was a rocke they must not touch upon in any case And so well they knew how to steere for their best advantage that whosoever reads their Decrees cannot choose but forthwith confesse that it is a worke meerly Papall and such as none else could have a hand in and will ever remaine of this opinion that this last Councell is nothing behinde with those of Florence and that of Lateran which were called of purpose to disannull that of Basill and the second of Pisa just as this of ours was to stop the clamours of the Christian Princes and people lest they should have put up one or other in Germany like to the first of Pisa or some others held in after ages For you shall never reade of any Councell that was so much to the Popes honour and good liking as this Amongst so many Buls and Constitutions which have come forth since you shall scarce finde any which doth not make mention of this Councell which doth not name it with honour which doth not expresse an earnest deâ—ire of the observation of it and which doth not in some sort confirme it Let a man but reade the Commissions of the Nuncio's which since that have come into France and other Countries so many articles in them so many rehearsals or reinforcements of this Councell To say nothing of the great paines they have and doe daily take to have it generally received and kept Among all the Councels that ever were no compare with this for reverence and respect It hath quite defaced and extinguished the memorie of all the rest T is their minion their favourite their champion their arcenall their bulwarke their protector their issue and their creature and good reason why they should make so much of it Now the more highly they prize it the more should we suspect it the more should we straine our veines and bend our nerves our force and vigour to repell and stifle it as a venemous serpent what we doe in this kinde will not want a president When Popes and Councels have straggled out of the right way when they attempted more than of right they ought when they tooke their passion for their guide they have ever encountered with just disobediences and lawfull resistance with strong mounds and fences which have stopt the current of their out-breakings and injust enterprises 2 The Emperours of Germany are all full of wounds and scarres which they received in such like scuffles I may well say received not onely in the authoritie they have or should have in the Church in the rights of their Empire but even in their persons I may well say scuffles and combats they being oft-times constrained to buckle on their harnesse and take up their swords in their owne just defence to repell the offensive armes of him who under pretence of the Spirituall usurped upon the Temporall stirred up against them their vassâ—ls and subjects tooke the Crowne from them and elected others in their placeâ— pretending himselfe to be Emperour and Lord paramont of the Empire and all the Kingdomes of the world who made as much use of Pauls sword as Peters keyes to atchieve his conquests to wreake his vengeance to ingrosse all authority unto himselfe and like the old Romanes to make himselfe Monarch Commander and Lord of the Universe The examples of the Henries Frederickes Ludovicus Bavarus and many other Emperours are sufficient proofes of what we here speake England hath had such sufficient experience of the effâ—cts of that tyrannicall government that after she had lost all her liberties both Ecclesiasticall and Civill which were not inferiour to those of France after she had beene ransacked and ravazed in a Scythian and Tartarian manner she was miserably enslaved and made tributary to Rome and her Kings for all their honour declared feudataries to the Pope stooping under that base servitude till Henry the eight who to be revenged of an injury received touching his marriage withdrew himselfe and all his Kingdome from his obedience to the Pope and that while he was yet a Catholique As for our France it is a long time since the French Church hath beene at daggers-drawing with the Pope and Court of Rome for the preservation of their rights and liberties which consist mainly in the not acknowledging of the Popes power any way in temporals nor in spirituals but so farre as is conformable to the ancient Canons and Decrees Sometimes they went so farre in the controversie that he that shall reade the histories of it will never marvaile at those writings which have beene set forth against the Pope in these latter dayes The commendation of preserving these liberties belongs principally to our Kings who have ever opposed themselves against the avarice and ambition of the Court of Rome as Guardians Protectors and preservers of these liberties and have stopt the course of that not without a great deale of trouble and turmoile by the good advice and counsell of the States of the Land and chiefly of the Parliament and University of Paris who have ever beene the forâ—â—esses of France King Philip Augustus Saint Lewes Philip the Faire Charles the sixth and seventh Lewes the eleventh and twelfth did strongly withstand the transportation of gold and silver the collation of Benefices and Bishoprickes by the Popes their usurping of jurisdiction first-fruits graces in reversion reservations and such like trumperies of the Court of Rome Philip the Faire rejected the Bull of Clement the fifth concerning the confiscation of the goods of the Templars although it was confirmed by the Councell of Viennaâ— as entrenching upon jurisdiction within his Realm it is a wonder to thinke how farre they went in some particulars This same King was the first that felt the effects of their indignation upon that occasion by the saucinesse of Boniface the eighth who being incensed by the resistance of that Prince thundered so thicke upon him that after he had pronounced him his vassall and subject as touching his temporals he denounced an anathema against him in reference to his spirituals The King being justly provoked herewith assisted by the Lords Temporall and Spirituall of his Realme assembled in Parliament by their counsell and advice repelled that injury and paying him in his owne coine caused his injurious and proud letters to be burnt sent his Nuncio's home againe with shame enough accused him of heresie and symony yea and put him in such a fright by that brave spirit Nogaret of St. Felix that he died upon it Charles the sixt being excommunicated by Benedict the thirteenth put the bearers of his Bulls to the honourable Amends making them to bee carried in tumbrels apparelled in painted coats with paper Miters upon their
greater Doctor than Clement ranckt it the sixteenth amongst the approved Generall Councels There hath beene such a stirre in France about placing it according to it's ranke that the queâ—tion hangs yet in the Court undetermined As for the Councell of Basil although the Ambassadors of France were there and Charles the seventh confesse that hee received as a Councell yet for all that hee approved it but in part for of forty five Sessions of that Councell France hath received onely the thirty two first and those too not without some qualifications and restrictions Some Decrees as they lye others with certaine formes and modifications so sayes the Pragmaticall Sanction As for the last which mainly concerne the deposing of Pope Eugenius and the creation of Felix the fifth Charles the seventh made this protestation The King protesteth as a most Christian Prince treading in the foot-steps of his predecessors that he is very ready to give eare to the Church rightly and lawfully called together But for as much as many honest and grave personages make a question whether the suspension deprivation and â—lection which ensued thereupon at Basil were rightly and Canonically performed or noâ— and seeing it is doubtfull whether that assembly did sufficiently represent the Church Catholique then when the matters were acted agitated so as they might proceed to points of such great consequence and difficulty therefore the King doth persevere and continue in his obedience to Eugenius wherein he is at this present That which Benedict sometimes Counsellour to the Parliament of Tholous hath delivered in his workes concerning this point is very remarkable Herein saith he appeareth the errour of some who hold that the French Church assembled at Bourges in the time of Charles the seventh King of France could notâ— as she did reject any Canons of the Councell of Basil for shee might both reject and not accept them and qualifie those shee received by adding to or detracting from them and so put them in forme and fashion not upon misdoubting of the power and authority of that Generall Councell which made and published them but to fit and accommodate them to the exigencies of those times and to the conditions of the places and persons in the Kingdome and in Dauphine in such sort as those Fathers have expressed and as it appeareth by what wee have delivered but more plainly in the text of the pragmaticall Sanction so that if they might be wholly rejected much more might they be onely in part receiued and that with some qualifications and conditions As for the last Councell of Lateran however the Popes make high esteeme of it as being very advantagious to them yet indeed it cannot justly be tanked amongst the number of lawfull Councels both because it was purposely called for a countermine to the second Pisan to elude the reformation intended as well in the head as the members and also by reason of the iniquity of the Decrees there made whereof wee shall treat elsewhere more at large Here I need say no more but that it was never received nor approved in France nay more the University of Paris did put in an appeale to the next Councell the copy whereof may bee read in some authors where it is said amongst other things that this same Councell was purposely assembled against France as indeed it was For there both Lewes the twelfth was excommunicated the Pragmaticall Sanction repealed and the second Pisan Councell consisting mainly of French which was their fault not our plot in like manner condemned T is said also how that Councell was not assembled in the name of the Holy Ghost and a Germane Monke styles it a packe of Cardinalls commending and approving that appeale which was made concerning it by the University of Paris It will prove cozen germane to that of Trentâ— so that I will not here set downe the very words of that appeale because I take occasion to speake of them elsewhere He that shall seriously consider these instances hee will finde that the rejection hithertowards of the Councell of Trent both in this and other Kingdomes is no novelty nor extraordinary thing For many of those by us mentioned were more famous more generall more legitimate and withall farre lesse prejudiciall than this They conteined onely some petty grievances some personall injuries some particular intrenchings upon some rights either Ecclesiasticall or Temporall But this keepes neither rule nor measure but turnes the state of the Church and all Christendome topsie-turvie it sets the Pope above all above Kingsâ— Princes and Councelsâ— yea it puts Kingdomes and Empires in subjection under him and for Temporall matters it gives him full power and absolute authority over such Ecclesiasticall persons as did not acknowledge any jurisdiction of his save such as remained upon record it reduceth us to our former miseries to a necessity of going to Rome to plead our causes that so it may squeeze our Countreyes both of men and money it entitleth him to the election into Bishopricks and Benefices so to cozen the naturals of each Kingdome and Province of them and to transferre them upon such strangers as will be at his devotion it robs Kings of the nomination of Bishops and other Ecclesiastiques and of that jurisdiction over them which they ought to have nay and in some cases even over meere Lay-men devolving all to the Pope by meanes of appeales commissions evocations reservations exemptions and that absolute authority which it gives him in such things as concernâ— the manners and discipline of the Church nay indeed in all things without exception It repeales the ancient Canons and Ecclesiasticall Constitutions subjecting us wholly to all the Papall Decrees which dispose as boldly of Temporalls as Spiritualls It totally reduceth all ancient liberties to servitude and particularly those of France whereby we were ever preserved from an insupportable tyranny from those troubles and calamities which were prepared for us and under which our ancestors groaned whensoever they were carelesse to preserve them Whereupon they have as it were pourtrayed them forth upon a tablet to serve as they say for a caution to posterity that so they may take heed of making shipwracke of their liberties So as a many would say they knew by a secret revelation that the Councell of Trent would come and foresaw our future stupidity And yet even then when they gave us this counsell they were onely busied about the maintaining of some few of their liberties whereas now all are going as we shall make it plainly appeare in this Treatise besideâ— many other injustices which it would be too long to specifie in the prologue And for as much as that which first put me upon this enterprize was the earnest suits which being at Court I have seene exhibited to our Soveraigne in behalfe of the Pope for the receiving of this Councell I thought fit to shew in the first place that this is no new thing but
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
unto him And on the other side they set down this maxime That it is not lawfull for the Pope to take any thing for the use of the power of the Keyes which Christ hath committed unto him seeing Christ hath commanded Freely ye have received freely give They set downe many other heads of reformation like these which were never provided for As for example the abuses committed at Rome in the granting of benefices and Ecclesiasticall dignities by dispensations indulgences exemptions reversions commendams c. which are all derogatory to the Canoâ—s of the Church And yet these deputies composed these Articles of reformation after the Pope had charged them by oath to tell him the truth upon paine of excommunication as they themselves testifie in the same Act. CHAP. II. Generall complaints touching the reformation of the Head AFter the proposall of these demands I will now shew you two things First that the Councell never touched upon most of them and therefore there was a plaine denyall of justice Next that they are no new demands being they were made and repeated divers times in divers ages and by divers men to which we shall adde the severall complaints that have hereupon beene made by many good men for the most part of the Clergy The very same demands were also for the most part made by the Protestants and the rest that had relinquished their obedience to the Pope But I will not speake a word of that as I protest also that I will not use reasons of divinity to justifie them nor authority of Fathers but very seldome 2 The first and principall and that upon which many others depend which we shall onely handle not medling with the rest is the reformation of the Head that is the Pope of Rome which was required by the Emperour Sigismond and that in termes very respective heare his owne words First that the supreme Bishop would be intreated to condescend that there might bee some reformation in himselfe and the Court of Rome Conformable whereunto was the King of France his demand for hee required in expresse termes that the abuses of the Court of Rome might be reformed with proffer of reforming those of his owne kingdome besides his Ambassadours had an expresse Mandamus to adhere unto such as should desire any reformation Pope Adrian the sixth had professed also that it was very necessary in regard of the great abuses and corruptions of that See The Deputies of Pope Paul the third make all the abuses and maladies in the Church to be derived from thence Those enormities which were required to be reformed were the cause of all the schismeâ— and divisions in those times for thence grew the first originall of complaining that was it that caused this Councell to be so desired and sought after 3 Yet for all that the Fathers of that Councell would never touch upon it so much as with the tip of their finger This is plaine from all the Acts and Decrees of it as also from the oration which Pius the fourth made in the Consistory upon the confirmation of the Decrees of that Councell Wee heartily thanke the Fathers saith he that in matters concerning the correction of Ecclesiasticall discipline and reformation of manners they had so much respect unto our authority and were so moderate on our behalfe that if wee our selves would have beene our own reformers in what concernes us and not have left all to the Fathers we should have beene more severe against our selves Adding afterwards If theâ— Fathers for reasons best knowne to them have omitted any thing or beene too timorous we are ready to releeve their modesty and supply the rest as being left to our judgement See here faire promises but we yet expect the performance of them We will here adde by way of commentary that which Claudius Espenseus a Sorbâ—n Doctour and a witnesse above all exception hath written hereupon 4 Wherefore saith he that Councell so much desired by all men interrupted for tenne whole yâ—eres at last obtained of Pius the fourth resumed again at Trent and there assembled the third time although all was by the Pope referred to the Fathers yet it sâ— forbore the purging of the Court of Rome that even in all that it prescribed to inferiours touching the reformation of manners and Ecclesiasticall discipline it protested that the authority of the See Apostolique stood safe and sound in the 21. Canon of the ninth and last Session In so much that the same Pius no lesse pious than sensible hereof did heartily thanke the Trent Fathers in an Oration which he delivered publikely at Rome in his Consistory of Cardinals who were there assembled in great numbers that they had such a speciaâ—l regard of his authority in the Ecclesiasticall reformation and had used him so gently that if he should have undertaken to reforme both himselfe and thâ—se about him he should have beene more severe What remaines then but that he refuse not the authority of a reforming Councell and that he supply what the Fathers for certaine reasons did oâ—â—it and that wherein they were over timorous it being left to his discretion as he promised to doe in that Oration For if it was as truly as freely spoken by Pope Adrian that the corruption of manners now reigning is derived from the head to the body of the Church it is requisite that his successour Pius sâ—â—â—e his Sanctuary and beginne at his owne house He sees well enough to what plight the Church of the holy Apostles yea the whole Church of Christ is brought by the base gaine and filthy avarice of some of his predecessors who sought that which was their own and not that which was Christs how many men are gone away from it within these few yeeres in so much that it is to be feared there will more goe yet if hee doe not now at last apply some remedy after much delay of salving those sores wherewith the Church is oppressed which delay the longer it is the more chargeable it will be The principall cause of these so long stirres is because for so many yeeres nothing is altered nothing amended and that which cuts off all hope of reformation is that they would see a reformation in all the rest of the body of the Church who have suffered for so many hundred yeeres together that City wherein they have both meere and mixt power and jurisdiction to bee the most deformed of all For what excuse can they alledge or what can they invent either true or likely they to whom neither King nor Emperour people nor Clergy not a Generall Councell no nor the whole Church must say so much as Why doe you so What pretence I say can they have for delaying so long to reforme them and theirs For where shall wee finde under the Sunne greater licentiousnesse in all evill greater outcries greater impunity I had almost said infamy and impudence Without doubt such and so great it
is that none will beleeve it but he that hath seene it none will deny it but they that have not seene it 5 See you here what this excellent Devine speakes without any flattery but let us go to them of more antiquity and see how long it is since these complaints against the See of Rome begunne first to be made If wee beleeve the same author this complaint is pretty ancient and it is a long time since this reformation hath beene called for for see you what hee speakes of it in the sequele of the fore-cited passage I will omit the complaint which hath ever beene made thereof from age to age even from St. â—eromes time 6 Nor will we take our rise so high but will insist upon these latter ages But here first I protest I have no purpose to discover the shame of that supreme See to expose her faults to derision and mockery but onely with intent to see them corrected and amended As also I declare that I meane not to enquire into the personall vices of the Popes for that would rather tend to calumny and injury than the end which I purpose but onely the abuses of the Popedome the maladies of the See the usurpations and over-bold attempts which have beene derived to their successors briefly no more but such vices as are become hereditary Which to compasse wee will beginne with the generall complaints that have beene made in divers ages and thence descend to particulars as from the bole to the branches speaking alwayes by another mans mouth unlesse it be when the connexion of places shal enforce us to contribute something of our owne 7 The Acts of the Councell of Rhemes holden under Hugh Capet the yeere 990. have these words Poore Rome what cleere lights of fathers hast thou brought forth in the time of our predecessours what horrible darknesse hast thou poured out upon our times which will redound to our shame and dishonour in future ages Hildebert Archbishop of Tours who lived about the yeere 1100. hath left us two pretty nipping verses against the Popes Rome to be masterlesse were well for thee Or some to have not void of honesty Saint Bernard who lived under the Emperour Conrade and Pope Eugeâ—ius the fourth cryes out bitterly against the vices that were even then annexed to the Papacy as against ambition dominion pompe and vanity avarice jurisdiction over temporall goods against the abuses of dispensations indulgences appeals exemptions and such like wares wee will bring the places hereafter and dispose every one in due order That holy man is to bee commenâ—ed for speaking so home of those abuses and that even while hee wrote to a Pope for which cause he is applauded by every one and with a certaine emulation cited in honourable termes by all those that lived after him 8 Marsilius of Padua who writ above three hundred yeeres agoe in the time of the Emperour Ludovicus Bavarus about the yeere 1320. hath spoken of the abuses of the Pope and the Court of Rome both in grosse and by retâ—ile for in the 24. Chapter of the second part of his booke intitled Defensor pacis he saith That the body of the whole Church hath beene infected by that pleâ—itude of power which is allowed unto the Pope and he addes afterwards Let the faithfull cast their eyes that way those who have visited the Church of Rome which I might more truly call a shop of traffique an horrible den of theeves shall plainly see and those who were never theâ—e shall learne by the report of an infinite number of men of credit that it is become the receptacle of all rogues and rascals of truckers for all wares both spirituall and temporall for what is it else but a haven for Simoniacall persons who repaire thither from all quarters what else but a noise of Lawyers an assault of detractors a vâ—xation of honest men the justice of the innocent is there in hazard or else is so long deferred unlesse it be redeemed with money that being at length quite exhausted and wearied by infinite troubles they are enâ—orced to give over their just causes full of commiseration For there the lawes of men doe ring again but Gods lawes are either quite dumb or at least very rarely understood There is nothing but plots and projects how to seise upon Christian countries to win them by force of armes and wrest them out of the hands of such to whom they doe of right appertaine No further care no consultation ever about the conquering of soules Besides no order dwels there but a perpetuall horrour 9 In the eleventh Chapter of the same Booke hee makes along discourse of the robberies of the Popes and the Court of Rome of their Simony luxury sensuality vanity desire of domineering and of invading Lordships and Principalities and in an infinite company of places hee shewes the injust power which the Popes arrogate unto themselves over matters both spirituall and temporall and the meanes they used to usurpe it some passages whereof wee shall elsewhere relate This great divine was not moved to write these things by any hatred or discontent towards the Popes but onely by a just obligation to defend the Emperour Ludovicus Bavarus who was injustly excommunicate 10 A little before this devine put forth that Booke to wit in the yeer 1310 William Durant Bishop of Menda in Languedoc being summoned by Clement the fifth to the general Councel at Vienna to come and see what was fitting to be reformed in the Church made a book De Conciliis towards the beginning whereof he saith It seemes to bee a thing considerable that it is most expedient necessary that before any thing else wee should proceed to the correction and reformation of such things as ought to be corrected and reformed in the Church of God as well in the head as in the members And in the first Chapter of the third Book Certes as concerning the reformation of the Catholique Church to bring it about profitably with perseverance and effectually it seemes expedient that it begin at the head that is at the holy Church of Rome which is the head of all others Then hee sets downe in particular such things as stood in need of reformation representing a good many abuses of the See of Rome that deserved to be corrected But for all his learned discourse there was nothing done about them in that Councell witnes the Bishop of Panormo in his advice touching the Councell of Basil. This decree concerneth the estate generall of the Church and the matters belong to a generall reformation which may be hindred by a dissolution as it was by the dissolution of the Councell of Vienna 11 Nicholas of Pibrac who lived about the yeere 1290 tels strange stories both of the Pope and his Court in his booke called Occultus which I will not here insert And he afterwards addes Dites au Pape je vous prie Que
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
temperance to luxury from courage to presumption from liberality to covetousnesse and unrestrained spoiling from thrift to prodigality from trust to treachery from piety to impiety from order to confusion from a solid glory to pride and vanity from zeale of the publique good to private gaines from correction and discipline to a generall impunity and licence of all wickednesse and misdemeanours and to summe up all in a word which is proper for our present subject from justice to injustice and all iniquity 19 The author of the booke intitled De Hierarchia subcoelesti who lived about the same time under Charles the fifth and sixth hath made us also an inventary of the abuses deformities and debauchments of the Court of Rome which as he saith crept into it for the most part after Clement the fifth Celestine the fifth as the story goes seeing the state of the Court of Rome even then disorderly and corrupted retired himselfe of his owne accord and renounced the Popedome and although it be said that he was cheaâ—ed by Boniface the eighth his successor of whom it is said that hee entred like a Fox and reigned like a Lyon yet the same Celestine was moved so to doe rather out of a desire of avoiding pomp and enjoying the embraces of his Rachel Benet who was of the order of the Preâ—icants succeeded Boniface who having made peace with the King of France with whom his predecessors were at ods he undertooke to reforme the Church but hee could not goe through with it being he lived not a whole yeere After him there was a Pope chosen by the name of Clement the fifth an Archbishop of Bourdeaux in France under whom all the Canons the Customes Ecclesiasticall and other vertues did utterly perish their gallantry was increased Simony flourished avarice sprung up pride and pleasure waxed hot they gave themselves up to the delicacies of the palat a puddle of luxuries did overflow all and was poured downe upon the Clergy Was not all the Church afterwards made tributary Consider the pecuniary tythes the slaughter-houses the procurations in absence the injust reservations of all dignities the bestowing of benefices put all into one mans hand the exemptions which are as it were the maimes of all the members of the Church the plenary indulgence of all sinnes granted to rich men Consider also the presenting of insufficient men to Bishopriques and the commutation of all offences into pecuniary mulcts 20 Iohn Duke of Bourges in an Epistle which he sent to Pope Innocent the seventh amongst other things tells him That in Peters case the Sun of righteousnesse was wont to rise and the fruitfull earth brought forth fruit of the purity of the divine seed a hundred fold that there the authority of the Fathers remained entire and incorrupted whereas now we see a head faint a heart sicke and scarce ought sound from the sole of the foot to the top of the head And he had said before That ambition the fountaine of other vices is now growing in the Church of Rome and that it spreads abroad monstrous and abominable vices over all the earth like branches of a greene stock 21 Afterwards the Councell of Basil was called many good decrees were there made there the Popes who had now reered their power too high were brought under the yoke of a Councell there their enterprises were reprehended their power bounded and regulated Hearke what Sylvius saith How that decree was necessary to curbe the ambition of the Popes of Rome who thrusting up themselves above the Catholique Church thought it was lawfull for them to doe what they list and a little to divert the thoughts of the Popes from the care of temporall matters considering that they never thought of spirituall But when all came to all this was to no purpose for the Popes hold that Councell to be apocryphall yea hereticall they condemned it in the Lateran for as much as concernes them so that wee are to beginne againe Whereupon it was expedient to call yet for a reformation of the Head Besides what wee have elsewhere spoken of the Councell of Basil we will here set down the testimony of Gregory Haymbourg a German Lawyer who lived at that time The Councel of Basil endeavouring to abolish and reforme that and desiring to reduce the present Vicar of Christ to some forme which come neer the life of Christ hath bin letted hither towards forin the prosecution of that reformation which wâ—â— begun so soon as it touched upon the Court of Rome there was such a storm raised against it that the ship of Peter seems buried in the waves where it swims being it cannot sink 22 Nicholas Cusan Cardinall of St. Peter ad vincula who writ not long after the Councell of Basil in his bookes De Concordia Catholica saith The power of the Bishop of Rome ought to be handled in the first place because as Gregory saith in a Councell where they medle with reformation they must begin at the head And afterwards he saith That when the head is sicke all the members are sensible of it and that the health of inferiours depends upon the soundnesse of those that are set over them and that there cannot bee a greater enormity than when hee who thinkes every thing lawfull for him in regard of his uncontrouled power invades the right of those that are under him 23 Iames de Paradise of Chartres who writ also a little after the Councell of Basil in his booke De septem statibus Ecclesiae saith Seeing then wee hold it possible to proceed to a reformation as well of the head as the members by such as have authority and presidency both spirituall and temporall it must be either by one man or more That it should be by one man is against all reason how eminent soever he be for his virtues his knowledge his worth although hee bee renowned for his miracles nay in my opinion not by the Pope himselfe alone For there are so many Canons Decrâ—talâ— and Constitutions made by â—hem already as are good for nought but filling up parchment to no purpose without working any reformation Besides seeing it is evident â—ay palpable that hiâ— owne Court stands in great need of reformation aâ— hath beene well knowne by the common cries of the last Generall Councâ—â—â—â— which Court of hiâ— if hee either cannot or will not reforme which he covers under his wing how is it credible that he should â—eforme the Church which is of so large an extent Besides it may be objected to himâ— Apply the salve to your owne sores first as being the head for when that is cured you may with lesse difficulty cure the members wherefore Physitian heale thy self You must first take the beam out of your owne eye and then you may take the moâ—e out of your brothers eye else you will do no good by an inverted order Vnsavory salt is not good for
to expresse the same in this other distich Quisquis opes sacras nummo reperire profano Quaerit â—at Romam sacra sunt vaenalia Romae He that would purchase sacred wealth with gold Get him to Rome there sacred things are sold. He cites these verses also out of the same Author Vaenalia nobis Templa sacerdotes altaria sacra coronae Ignes thura preces coelum est vaenale Deusque We sell the temples altars priests and all Incense and fires which we most sacred call Crownes vowes and zealous prayers we spare them not Heaven with his lights and God himselfe to boot The same Doctour addes O that our holy Father Pope Pius the 5. would understand thus much and at my request now at last take notice of it I know not whether his immediate predecessour Sixtus the fourth ever heard of it but I am sure he tooke no order for it All this was spoken and published since the Councell of Trent and therefore so much the more remarkable CHAP. IV. Of the meanes which the Popes used to enrich themselves by and first of Taxes 1 NOw they served themselves of divers meanes and instruments to compasse these riches Doctor Espensaeus sets downe a list of the many trickes and devices of the Court and Chancery of Rome invented meerly for catching of mony where he puts in among the rest expectative graces or reversions howbeit this was after the Councell knowing very well that the reformation made in that regard did not binde the Pope Now saith he to omit Annates under what colour or pretence soever they be demanded which were condemned as Simony in the 21. Session of the Councell of Basil what shift can wee use to excuse from dishonest and filthy lucre those things which they call graces expectative secret reservations bestowing of Benefices upon the first commer uniting of many benefices to one Chappell Prebend or other Benefice mandates preventions propinations small or ordinary services conditionall resignations detaining of all the revenue in liew of pension and a number of such like things which were not heard of for a long time in the Church and which would bee strange newes to Peter and Paul if they should come into the world againe This is no more yet than what the latter of them foretold that they should buy and sell us with feigned words by reason of their covetousnesse such and so excessive are these abuses that not so much as their owne glossers but speake against them For the Commentator upon the rules of Innocent the eighth sometimes stiles the Chamber Apostolique the money-mother sometimes with Iugurtha in Salust he confesseth that all things are saleable at Rome sometimes he doth not conceale divers things either appointed or granted for the getting in of money by hook or crook according to what was observed by Ioannes Andreas iâ— cap. Sedes In Rescriptis And his holynesse great liberality in giving lead and taking gold which Mantuan speaks of is publiquely knowne even to children without any contradiction Si quid Roma dabit nugas dabit accipit aurum Verba dat heu Romae nunc sola pecunia regnat Hoc est Roma viris avibus quod noctua If Rome give ought 't is nought She takes your ware And gives you words Alas there 's none reignes there But Lady money now And as the Owle's To other birds so Rome to simple soules 2 This learned devine hath spoken much of these things yet withall hee hath omitted more as we shall also doe referring those that desire further information herein to the booke intitled Taxa Cancellaria Apostolicae printed at Paris by Toussaint Denis the yeere 1520. And yet this is nothing in comparison of the penitentiary tax printed with the same booke where every sin every crime how heynous so ever hath his price set so that to have a licence and impunity for sinning there needs no more but to be rich to have a pasport to Paradiseâ— both for a mans selfe and his misdeeds But that which might make Rome blush if there were any shame in her brow these pardons and indulgences are denyed to the poore and indigent who are not of meanes sufficient to raise these criminall and incestuous impositions It was not enough to exclude them indeed but they must specifie so much in downright termes for feare least some body might presume of some favour or exemption herein For in the second Tax marked B. under the title De rebus matrimonialibus it is said The dispensation for contracting within spirituall kindred g. LX. The same judgement serves for the scond degree for which the Datary must be compounded with for some great summe sometimes three hundred sometimes six hundred or otherwise according to the quality of the person And mark it well that such graces and dispensations as these are never granted to poore men 3 So that we live not in those dayes when it was more hard for a rich man to enter into the Kingdome of heaven than for a cable to goe through the eye of a needle for now the Kingdome of Heaven belongs to them and not to those beggarly creatures that have nothing but a staffe and a wallet Wee might here alledge many testimonies concerning this subject to evince this abuse but because it is too apparant wee will content our selves with setting downe the complaint which the same Espensaeus makes hereof after the Councell was done that so every man may perceive that those abuses were not taken order with but are now more frequent than ever they were 4 There is a booke publiquely set to every mans view saith hee which sels as well now as ever intitled Taxa Cancellaria Apostolicae which is prostitute and set out for gaine like a common whore whence more naughtines is learned than from all the Summists and summaries of all vices There is licence granted for many of them and absolution for all but only to such as will buy them I forbear the names for as one sayes they are very fearfull even the sound of them It is strange that in these times in this schisme that index and inventary of so many uncleane and abhominable villanies so infamous that I am confident there is not a more scandalous book in all Germany Suitzerland or any other place which hath separated from the Church of Rome was not suppressed Yea it is so farre from being suppressed by the Treasurers of the Church of Rome that the licences and impunities for those so many and such horrible crimes are renewed and for the most part confirmed by the faculties of the Legats which come from thence into these quarters with power to restore to their former estate all things that were utterly lost and so to legitimate all bastards whoresons and such as were begot by any unlawfull conjunction c. to allow people marriage with such as they had formerly committied adultery with to absolve
our said Cozen the Cardinall of Ferrara his Legat hath promised unto us on the behalfe of his said Holynesse and whereof indeed he hath already made great overtures for these causes and other considerations us thereunto moving having a regard unto the foresaid remonstrances made unto us with the advice of our most honoured Lady and mother the Queene the Princes of our bloud and our Privy Councell we have removed and taken away and doe hereby remove and take away the prohibitions aforesaid and the penalties annexed to be imposed upon the offenders against them by our Edict and Ordinance of Orleans and doe make void the Ordinances aforesaid for the reasons before mentioned 24 The Councell of Trent was holden at the time when this declaration was made from which our King expected a great reformation concerning the premises and particularly considering what assurance the Pope had given him hereof But all in vaine Whence it followes that the cause of this suspension ceasing the effect should cease likewise and that therefore we are under the Ordinance of Orleans which was just and good to the observation whereof we ought the rather to bee inclined in as much as wee understand by the testimony of the Court of Parliament and the accounts hereupon made by it unto Lewes the 11 that by reason of Vacancies Expectatives and such like meanes there goes almost a million of crownes from hence to Rome every yeere Which is further confirmed by the testimony of the Ambassadours of the Archbishop of Magdenburg in Germany who was present at the Councell of Basil who hath left upon record that he learned from the Archbishop of Lyons then living that during the Popedome of Martin the fifth who sate 14 yeeres there were carried to Rome out of this Realme of France only nine millions of Crownes without reckoning what was brought in by the Clergy-men of inferiour quality 25 It is reported by an English Historian that Henry the 3 King of England in the yeere 1245 caused an estimate to be taken of the pure rents which the Pope had out of his Kingdome and that it was found they amounted to as great a summe of money as all that he himselfe received out of his Realme nor reckoning divers other commodities beside The like is affirmed by all England together in an epistle sent to Pope Innocent the 4. where it is said That he received more pure rents out of England than the King himselfe who is the guardian of the Church and the governour of the Kingdome And hereupon the the transporting of gold or silver to Rome was forbidden in this Kingdome by many good Statutes made at severall times Saint Lewes who amongst divers others made one hereabouts expresly forbidding all such exactions was neverthelesse Canonized for a Saint King Charles the 6 Henry the 2 Charles the 9 and others were never thought the lesse Catholique for this nor the people of France that demanded it in their Councels of State ever reputed the lesse zealous in Religion For by this meanes the Popes and Cardinals would be the more honest men for there is nought that spoiles them but too much ease and wealth And so they should both cleare themselves from that infamous crime of Simony which all Christians detest and abhorre and also acquite all those that barter with them who according to the opinion of Devines and the sentence of the Parliament of Paris in the 71 Article of their Remonstrance share with them in the sinne also For to beleeve the Popes flatterers who goe about to perswade them in their filthy writings that though they practise Simony yet they cannot be Simoniacall this were to hood winke the eyes against all truth and to sleep in a blind ignorance The men who were the most eminent for learning in the time of Pope Paul the third who were bound by oath and adjured by him upon paine of excommunication to tell him the truth concerning the reformation of the Church told him plainly amongst other things That it was not lawfull for the Pope and Vicar of Christ these are their very words to make any gaine out of the use of the power of the Keys committed unto him by Christ For it is Christs command say they Freely yee have received freely give 26 The Emperour Ferdinand in his demands put up at the Councell of Trent required that the ancient Canons against Simony might be restored Now these ancient Canons bind the Pope as well as other Bishops and you shall finde no exception for him there but our Councell had no leasure to thinke of this I could here make a large discourse of the Reservations of Bishopriques and other dignities and benefices Ecclesiasticall of the granting out of Graces and the next voydance of benefices of mandats of provision and other wayes which the Popes have used and doe use to this day to enhanse their revenues The Ordinances of our Kings are full fraught with complaints made concerning this particular as are also the works of divers authors All those that ever medled with reformation put alwayes up some Articles about this point The deputies of Paul the third have a whole Chapter of it in their Councell The Councell of Basil and the Pragmatique Sanction hath condemned them The King of France desired the like in his demands Yea and the Councell it selfe hath taken an order with them but it is with reservation of the Popes authority above all which is as much as to put a gull upon all Christendome seeing the reformation in this case was demanded onely against him inasmuch as he is the man from whence all the disorder proceeds And after this all that are acquainted with the Court of Rome doe very well know and can testifie how the Pope doth still practise these meanes and whether all the decrees of this Councell have debarred him of dispensing his favours 27 The Popes not content with the gold and silver which they get by these meanes doe use taxes and tributes besides like secular Princes not only upon Clergy men but Lay men also yea upon whole Princes and Kingdomes Gregory the 9 the yeere 1229 demanded of the Kingdome of England the tenth part of all the moveable goods as well of the Laity as Clergy to maintaine his warre against the Emperour Frederickâ— telling them that he only had undertaken that war in behalfe of the Church Catholique Which demand Henry the third King of England saith an English Monke having passed his word to the Pope by his officers for the paying of those tenths had no way to gainsay But the Earles and Barons and all the Laity did oppose it refusing to engage their Baronies and demaines As for the Bishops Abbats Priours and other Prelates after three or foure dayes consultation they at last condescended to it with a great deal of murmuring fearing the sentence of excommunication in case of refusall as the Monke hath it word for
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
of the Popes of the ambiguity of them and the controversies which arise from thence he addes It is hard to finde any one though he make his title to appeare as clear as the day that goes away with a living without all dispute For then they thinke their Court to be most flowrishing and fortunate when it rings with a multitude of causes suits quarrels and wranglings with a wild and furious noise and on the other side to bee lame miserable and forsaken when it wants suits and is at quiet when the incumbents doe peaceably enjoy their right 4 Cardinall Cusan in his booke De concordia Catholica saith Wee know the great noise of suits in the Courts both Ecclesiasticall and Civill bring much hurt to the Common-wealth by reason the suits are so intricate and endlesse but especially for that causes are not ended and determined in those places where they were first conceived in their owne Countrey but are oftentimes drawne to the Court of Rome and that upon every triviall point that concernes benefices whereas none but causes of importance ought to be brought thither 5 The Parliament of Paris in the Remonstrance made to Lewes the 11 in behalfe of the liberties of the Gallicane Church and for the retaining of the Pragmatique Item in very deed if these constitutions were not there would not be a Clergy-man certaine of his estate For proofe whereof wee may remember how they of the Court of Rome have behaved themselves herein after it was repealed by the King For they not onely tooke upon them the cognizance of causes Ecclesiasticall but also of causes concerning right of inheritance yea and of causes royall the cognizance whereof belongs to the King and his Court of Parliament as hath beene seene in many particular cases where the Court sent to the King in Guien and there the King provided for them by remarkable Edicts which were registred and published in the said Court Item to prove that it is a depopulation of the Kings dominions it is certaine that before these decrees and constitutions were made by reason that reservations and donations in reversion were in force and the cases tryed in the Court of Rome the subjects of the Realme left their Countrey in great numbers some to serve Cardinals others to be officers others wanting service spent that meanes which their parents left them to to purchase some favour there and others in great abundance to vex and trouble those that stayed at home to get their benefices insomuch that what by the tediousnesse and danger of the way what by reason of the plague which is commonly at Rome the most of those that went thither dyed and those that escaped these perils so molested with citations old feeble persons residing upon their livings and such as were not able to defend themselves that by reason of these vexations they shortned their dayes and dyed sooner than they would have done by the common course of nature Item Others ambitious of preferments exhausted the purses of their parents and friends leaving them in extreme poverty and misery which was sometimes a cause of shortning their dayes and all the gaines they got was a peece of lead for gold and when they thought to be preferred by their patents in comes another with an annullation and sometimes you might find ten or twelve grantees of the same beneficeâ— and upon the controversie thence arising all enforced to trudge to Rome againe to plead the case there to the continuall vexation of the subject and the dispeopling of the Realme 6 S. Bernard also exclaimes hard against these suits arising in the Court of Rome for addressing his speech to Pope Eugenius the 3 he saith What means this I pray you to plead from morning till night or to hearken to those that plead with my consent let malice bee content to take up the day but the very nightâ— are not free there is scarse so much allowed to the necessity of nature as will suffice for the repose of this poore bodie it must rise againe for these wranglers one day begetteth suits to another and one night certifieth his malice to another 7 In another place he complaines of the great multitude of appeals which â—low to Rome from all coasts of the world How long must it be before you awake and consider such a mighty confusion and abuse of appeals They are commonly practised without either right or reason beside all order or custome without any distinction or difference of place manner time cause or person they are easily admitted and ofttimes impiously Those that would bee wicked were they not wont to be terrified with them but now they on the contrary doe affright others and especially honest men with them goodmen are appealed by knaves to hinder them from doing good and they give off for the awe which they beare to the voice of your thunder Lastly appeals are put up against Bishops that they may not dare to dissolve or forbid marriages appeals are put up against them to hinder them from punishing or curbing rapines robberies sacriledges such like crimes appeals are preferred to hinder them from putting backe or depriving unworthy and infamous persons of sacred offices and benefices Which hee afterwards proves by such examples as befell in his time which wee passe over 8 Hildebert Archbishop of Tours exhibited the like complaint to Pope Honorius the second in these words We never yet heard on this side the Alps nor found any such thing in the sacred Canons that all sorts of appeals should be received in the Church of Rome but if haply any such novelty bee crept in and it be your pleasure to admit all appeals without distinction the Papall censure will be undone by it and the power of Ecclesiasticall discipline will be trampled under foot for what royster with not appeal upon the least commination of an anathema What Clerk or Priest is there which will not defile or indeed which will not bury himselfe in his owne excrements upon confidence of his frustratory appeall by virtue whereof the Bishops cannot presently punish I say not all sorts of disobedience but not any at all The least appeals will break his staffe rebate his constancy quell his severity in putting him to silence and the malefactours to an impunity of offending 9 They not only enâ—ruate the ordinary jurisdiction of Bishops and other Ecclesiastiques by their appeals but also by other wayes without sparing of those that breathed nothing but the greatnesse of Rome as amongst others Ivo Bishop of Chartres who after hee had done much good service to the Court of Rome insomuch that he cast himselfe out of favour with his Prince and did many ill offices to France was finally compelled to make make his complaint that a cause of his depending before the Ordinary was removed to Rome by an extraordinary way And likewise that the ordinary course of justice is
faculties as appeares by the passage which we have urged elsewhere speaking of the penitentiary taxes of the Church of Rome 19 This power was never more than imaginary in France for Legates were never permitted to exercise this faculty there as being contrary to the Lawes of the Land and indeed heark what the Collection of the liberties of the Gallican Church saith concerning this point The Pope cannot legitimate bastards and illegitimate persons so as to make them capable of succeeding or being succeeded by others nor to beare office and purchase temporall estates in this Kingdome 20 Many other abuses might be here alledged which are committed in these faculties as they call them that in particular which is so ordinary that it can never be forgotten To derogate from all Decrees of Councels and dispense with them or as others terme it to put a dorre or obstacle before the Councell and other Constitutions derogatory to them Of which abuse Gerson speakes thus It is not lawfull for the Pope to make so much adoe about these obstats which are ordain'd in Generall Councels Cardinall Cusan in his booke De Concordiâ Catholicâ makes a large Chapter of this But we should have enough to doe if we would seeke out all the abuses and usurpations of the Court of Rome CHAP. IX Of the Popes usurpation of Lordships and Kingdomes 1 THey have laboured hard to usurpe Lordships Kingdomes and Empires insomuch that they quite forgot the care of Spirituals Two maine causes have moved them hereunto Avarice and Ambition We shall here prosecute onely so much as concernes the first or at least as belongs jointly to both Marsilius of Padua Not content with those Temporalls which were bestowed upon them by Princes by reason of their insatiable appetite they have seized upon many temporall things that of right belong to the Empire as the Cities of Romandiola Ferrara and Bononia with divers other possessions and many lands and Lordships then especially when the Empire was vacant 2 Langius reporteth a passage out of the Chronicles of Engelbert Westerâ—itz a Clerke of Brandenburg where as much is said of the City of Rome The keyes whereof saith he were presented by the Citizens to Innocent the seventh with branches of Palme trees and the temporall dominion thereof granted unto him but with little equity and commendation forasmuch as the abundance of temporall things are no little impediment to spirituall and the Pope who is Saint Peters successor ought not to take this dangerous temporall dominion upon him for we never reade that in former times even after the donation of Constantine in which our curious Canonists doe greatly hugge themselves that any Pope did administer the temporall dominion of the City of Rome but in these latter daies and within our memorie some Popes have ventur'd to meddle with it thereby heaping upon themselves both cares and troubles howbeit from all antiquity Rome was ever the royall and imperiall City else he that should be lawfully preferred to the Empire by the Electors deputed whosoever he were should be vainly and idlely called the King of the Romanes as commonly hee is by the ancient Historians 3 There is nothing here but very true and yet our Popes beside the donation of Constantine have forged us another made by Lewes the Gentle who bestowed upon them the City of Rome in expresse termes howbeit the ancient Historians speake not a word of it and it is plaine they never enioyed that right till within this little while to wit after the time of Boniface the ninth who being intreated by the Romanâ—s to remove his seat from Avinion to Rome for the great gaines which they presaged they should reape by the approching yeere of Iubilee he being arrived there seized upon the Cittadell of the Castle of S. Angelo and made himselfe master and commander of the City for him and his successors But let us heare the testimonie of Guicciardine concerning this 4 Being returned to Rome upon these conditions while the Romanes were busie about the gaines that yeere 1400 the Pope having got the command of the City fortified the Castle of St. Angelo and bestowed a garrison in it whose successors till Eugenius although they were troubled with divers difficulties yet having fully established their government for the future the succeeding Popes have ruled the roast at Rome at their pleasure without any contradiction 5 But we shall speake more at large of such usurpations as these hereafter we will onely observe that the Popes were ever so crafty in the managing of Empires and Kingdomes under the pretence of spiritualty as to pick out something alwaies for their owne advantage So Boniface to take up the quarrell which was betwixt the King of England and Scotland whom the other King pretended to be his vassall came in play as to assist the Scotch Affirming how that Kingdome belong'd of right to the Church of Rome and that it was in his power onely to give it or take it from whom he pleased which he affirmed so as that hee would needs bee the Iudge himselfe but hee met with a people that would not beleeve him 6 A certaine King of Poland called Casimire being turned Monke and enâ—red into the Abbey of Cluny in France was dispensed with for his vow by Pope Bennet at the request of the Polanders repenting themselves of their fault so as he had licence both to reigne and to marry but for the pot of wine It was ordained by the Pope that the Polanders should pay a yeerly pension to S. Peters Church in Rome for maintaining of candles which is called in Polonish Snatro Petre that is S. Peters Saint 7 Charles of Anjou brother to S. Lewes the King was by Clement the 4 who prosecuted the designe of his predecessour Vrban the 4 Declared King of Ierusalem and Sicily with this condition that he should pay fourty thousand crowns yeerly to the Church of Rome by way of fee. Wherein two usurpations are remarkableâ— one in the manner of the fee which Peter Anaclete the anti-Pope had formerly laid upon Sicily the other in the tribute which Clement the fourth added de â—ovo 8 But there is nothing so memorable as the usurping upon the Kingdome of England where excommunication was openly profaned King Iohn of England being at enmity with the Lords of the Land by reason of certaine injuries pretended to be done unto them by him was excommunicated by Innocent the third the yeere 1513. This excommunication was carried from Rome by Stephen Archbishop of Canterbury William Bishop of London and Peter Bishop of Ely who thundred it out in France where that King had then certaine Earledomes and Dukâ—domeâ— after they had acquainted King Philip Augustus with the whole businesse Whom those Bishops commanded as also all others for the remission of their sinnes that invading England in hostile manner they should depose King Iohn from his crowne
the crime of sacriledge forasmuch as he is the cause of causes and the just cause and for that it is to bee presumed that whatsoever pleaseth him is just and reasonable 15 Divine honours have also beene ascribed unto him for it is appointed and prescribed in the Ceremoniall That all persons of what dignity or degree soever when they come before the Pope shall bow the knee thrice before him at a certaine distance and kisse his feet Thence followes adoration The Bishop of Zamore saith Let him be highly honoured let him be extolled and adored in all the parts of the world let every knee bow before him as is fitting they should Menotâ—â— speakes of these honours with a very good grace I will make him speake in his owne language for the elegancies sake Nec est bodie princeps super terram qui non flectat genua coram Domino Papâ qul non se multum aestimet qui ne se tienne bien fier ejus pedes osculari Ioseph Stephanus a Devine hath writ a book in our dayes which he intitles Of the adoration of the Popes feet 16 These excessive honours and this divine power which is ascribed unto him have constrained some to cry out and complaine of them In the Acts of the Councell of Rhemes under Hugh Capet wee finde these words directed to the Pope What thinke you Reverend Fathers who that should bee that is seated in the highest place who glisters with a garment of gold and purple I say who thinke you that should be if he be without charity and be puffed up and exalted onely for his knowledge then hee is Antichrist sitting in the Temple of God and carrying himselfe as God but if he bee neither grounded in Charity nor exalted in knowledge he is like an image like an idoll in the Church of God 17 The Emperour Fredericke the second in the letters which he writ to the Princes of Germany saith The Pope being growne over wealthy to the great decay of Christian piety thinkes he may doe any thing like most wicked tyrants as if he were a God he will not give any reason for his actions to any man he takes upon him that which belongs to God alone for it is thought he cannot erre 18 A German Bishop who lived under the same Emperour in a certaine Oration which he delivered in an assembly held at Rhegimburg saith amongst other things That the Popes will never have done till they have trampled all things under their feet till they be seated in the Temple of God and exalted above every thing that is adored And a little after He that is a servant of servants desireth to be Lord of Lord just as if he were God 19 One of our old French practitioners hath made the very same complaint The Pope saith hee styles himselfe in words a servant of servauts but in very deed he suffers himselfe to be adored which the Angell in the Revelation refused to doe A learned Cardinall of Florence reproves the Popes slatterers because they beare them in hand That they may doe any thing that they may doe what they please even things that are unlawfull and so more than God himselfe whence infinite errours have proceeded Hee afterwards addes that in the Councell which shall be holden about the reformation of the Church It will bee fitting to advise concerning the honour which shall be done unto the Pope that there be no excesse in it that he be not honoured as God himselfe 20 They take upon them also all power authority and jurisdiction over Emperours Kings and Christian Princes and over all temporalties whatsoever We will here insert some of their maximes concerning this point First that which they say is contained in the donation of Constantine To the end that the Pontificial dignity be not disesteemed but more eminent in glory and power than the Imperiall we give and grant to the most blessed Bishop Sylvester universall Pope our Palace and City of Rome together with all the Provinces Palaces and Cities of Italy and of the Westerne Countries wee decree by this our Pragmatique Sanction that he and his successors may dispose of them and that they shall belong to the right of the holy Church of Rome By this pretended donation all the Princes of Europe are made the Popes vassals and subjects They say further 21 That it is necessary to salvation to beleeve that every creature is subject to the Pope of Rome 22 That he is set over Empires and Kingdomes 23 That he carrieth both the temporall sword and the spirituall 24 That the Empire depends upon the Pope and that hee hath dominion over it 25 That the Imperiall or regall power is borrowed from the Papall or Sacerdotall for as much as concerneth the formality of dignity and receiving of authority 26 That he may chuse an Emperour himselfe upon just and reasonable cause 27 That he may appoint guardians and assistants to Kings and Emperours when they are insufficient and unfit for government 28 That he may depose them and transferre their Empires and Dominionâ— from one line to another 29 That Pope Zachary transferred the Kingdome of France upon Pepin 30 That the translation of all Kingdomes whatsoever was done by authority of the Pope or of some other that represented him 31 That the Empire was transferred upon the Romans by the Popes authority 32 That the Empire was transferred from the Romans to the Grecians by the Popes authority 33 That the Empire was transferred from the Grecians to the Germans by the Popes authority 34 That the Empire may be transferred from the Germans upon any other by the Popes authority 35 That the confirmation of the Emperour belongs to the Pope to whom also belongeth an universall jurisdiction 36 That the Emperour ought to swear allegeance to the Popes 37 That he cannot exercise his Imperiall power unlesse hee bee confirmed by the Pope 38 That the Pope may make the Empire hereditary if he see it expedient for quietnesse sake for just as he now ordaineth that it shall be elective so hee may bring in an hereditary succession 39 That he may change the Electors oâ— the Empire if any evident and apparent benefit of the Christian Common-wealth doe so require 40 That the Electors of the Empire may bee appointed out of another Countrey than Germany if any just reason so require 41 That he may absolve subjects from the oath of allegeance 42 That the Pope upon just cause may set up a King in every Kingdome for he is the overseer of all Kingdomes in Gods stead as God is the supervisor and maker of all Kingdomes 43 That if one be oppressed in the Court of externall judgement hee may appeal from any man King or Emperour unto the Pope 44 That the Pope hath jurisdiction over all things as well temporall
the Pope stands to have superiority over the Emperour which is ridiculous to speake and odious to heare For naturally ever since the beginning of the world not only Lay men but the Clergy also have beene subject to the power and jurisdiction of the Empire 20 Speaking in another place of a womans joynture aliened by the husband This he saith cannot bee recovered by the wife when shee is bound by oath according to the Canon law which in this case is repugnant to the Civile The Canon law saith he is observed even in the lands of the Empire Here take notice how the Popeâ— usurpes upon the jurisdiction of the Empire in this as he doth also in divers other things which commeth to passe by reason of the inexperince of the Emperours 21 Theodorick de Nihem in his third book De Schismate speaks his minde very roundly exclaiming against those who put two swords into the Popes hands Now that the Empire saith he depends principally and immediatly upon God as well as the Church or Ecclesiasticall power is manifest by evident reasons It is further confirmed by that Decree where the Pope writes to the Emperour My Church over which our God hath ordained my Priesthood while you governe humane affaires c It is proved also by divers testimonies out of the Law Whence it followes that they talke sorrily and soothingly who say that the Pope or the Church hath two swords the spirituall and the temporall whereas it is said in the Gospel Put up thy sword into thy sheath For if both the swords were in the Popes power the Emperour or the King of the Romans should have that title falsely and vainly given unto him But these flatterers by such like words and writings breed a great errour over all Christendome and raise as it were a continuall emulation or contention betwixt the Pope and the Emperour For by this meanes the Imperiall authority is trampled under foot and his power called in question to the great dammage of the whole Common-wealth 22 Antonius de Rosellis in his book De potestate Imperatoris Papae saith It is a foolish and hereticall opinion that the whole disposall of temporall things iâ— or ought to be in the Popes power or any other Ecclesiasticall persons He saith further He omittes that and laughes at it which some use for a shift That the dominion over temporall things belongs to the Pope habitually and in power though he doe not immediatly actuate it but by the mediation of the Emperour who as they say receives the Empire from the Pope and the administration thereof so as he depends upon the Pope For upon whom the exercise is bestowed to him also is the habit given much more seeing that virtue consists in the act not in the habit And in another place Whence it followes that the Pope hath not the power of electing and crowning the Emperour by virtue of his high Priestship which he received from Christ But he performeth the coronation by virtue of his commission granted unto him by the Empire which may also bee revoked upon occasion 23 Albert Krants a Dutch Historian and devine who lived a little before these late broyles about religion speaketh so of the creation of Kings which the Pope challengeth as that he plainely shewes that he dislikes it For telling a story of a Duke of Cracovia whom Pope Iohn the 22 created King of Poland Then saith he the Popes were come to that majesty which Secular Princes call presumption that they created Kings 24 In the Act of the Protestation made by King Charles ann 1563 upon the monitory of Pope Pius the 4 set out against the Queen of Navarre wee finde this clause worthy our observation As for goods the King thinks it strange that the said Holy Father will intermeddle with the confiscation of goods within his Kingdome or with the diminution or disposing of them as the said monitory affirmeth contrary to all the constitutions and Canons of Councels that were ever yet seene upon record in the bookes of his predecessours 25 But there is nothing more masculine generous than the Remonstrance of that noble Parliament of Paris exhibited to the deceased King against the Bull of Sixtus Quintus ann 1585 whereby he excommunicated the King of Navarre our Soveraigne that now is and the Prince of Conde depriving them of their goods and Lands As for the holy Bull the Court doth finde it to be of a new stile and so farre from the modestie of the former Popes that it hath no affinity with the wayes of a successour of the Apostles and forasmuch as wee doe not finde in our records nor in all antiquity that the Princes in France were ever subject to the justice of the Pope nor that the subjects sat in judgement upon the Princes religion the Court cannot take it into consideration till the Pope doe first shew some right which he pretendeth for transferring of Kingdomes ordained and established by God before ever the name of Pope came into the world till he have shewed us upon what title he meddleth with the successour of a Prince full of youth and strength and who naturally ought to have his heires of his owne body Hee must informe us with what colour of piety and religion he bestowes that which is none of his owne he takes from another that which belongs unto him hee putteth vassals and subjects in rebellion against their Lords and Soveraignes and reverseth the grounds of all justice and civill government 26 As for the absolving of subjects from the oath of allegeance to their Lords and Princes the last words of Ralph Duke of Suevia whom Gregory the 7 had caused to rise up against the Emperour Henry the fourth loosing the tye of that oath which bound him to his Prince and creating him Emperour are sufficient proofe to any man that it is a very unlawfull act You see saith hee to his familiars how my right hand is sore of a hurt it is the hand whereby I swore to Henry my Lord and Master that I would never annoy him that I would never lay in ambush to intercept his glory but the Popes commands brought me to this to breake mine oath and usurpe an honour which was not due unto me You see what end it is come to I have received this mortall wound upon this hand which broke the oath Let them then who have incited us so to doe consider in what manner they urged us for feare that wee bee not brought to the downfall of eternall damnation 27 Sigebert speaking of the samâ— Henry and of Pope Vrbane the second who had also excommunicated him deprived him of his Empire and absolved his subjects of their oath of allegeance I dare say saith he by the favour and good leave of all honest men that that new doctrine that I call it not heresie was not yet come into the world That his Priests
made no reckoning of the common salvation the Emperour therefore as the protectour of the Church would take the charge of it 7 As for our Kings wee need not doubt but they had the same authority considering they had power to dissolve Councels after they had assembled them So Lewes the 11 was used to doe witnesse Iohn le Maire Vpon a time saith he King Lewes the 11 assembled the Gallican Church and all the Universities together in a Councell in the Citie of Orleans aswell the better to understand the substance of the said Pragmatique Sanction as also to take order for the Annates of Church livings By which exaction the extreme greedinesse of the Court of Rome did vex and impoveâ—ish the Realme of France by raking up every yeere a marvellous great summe of money The President of this Councell was the late Monsieur Peter de Bourbon Lord of Beajeu But as soone as ever the points were brought in question in came the King who had altered his resolution and ere any other conclusion was determined hee gave every man leave to depart Saying that he would call them to Lions hereafter Which was never done CHAP. X. That it belongs to Emperours and Kings to prescribe the forme to Councels both for persons and matters and other circumstances 1 THe Emperours Theodosius and Valentinian writ to Cyrill Bishop of Alexandria to bring with him unto the first Councell of Ephesus certaine other Bishops out of his Province namely such as hee should thinke fit and able men The same Emperours enjoyned Dioscoruâ— Bishop of Alexandria by virtue of their letters to take unto him to the number of twentie Bishops eminent for their faith and learning and to bring them along to the second Councell of Ephesus which they had called to be holden upon the first of August It pleased the Emperour Constantius saith Sozomen to call a Councell at Nicomedia a Citie of Bithynia and to cause such Bishops of every nation as should there bee found fittest to consider of things wisely and sufficient to apprehend and argue subtley and learnedly to repaire thither with all diligence upon a day prefixed who might represent unto the Synod the whole Clergy of their severall provinces 2 They allowed also whom they pleased to go into Synods So by the Emperour Martians command there were certaine Priests and Monkes of Egypt brought into the Councell of Chalcedon Notwithstanding all opposition to the contrary they proposed what points should be disputed and prescribed what matters should be treated of The Emperours Constans and Constantius gave the Councell of Sardis leave to dispute questions and examine things anew without standing to what had beene therein already determined by former Councels So the Bishops of that very Councell assure us in those letters which they sent to Pope Iulius There were three things to be handled for the most religious Emperours gave us leave to dispute anew of all that had beene formerly determined and especially of the holy faith and integritie of that truth which they had violated 3 Iustinian did the like at the fift Generall holden at Chalcedon Martian forbade that of Chalcedon to dispute any otherwise about the nativitie of our Lord and Saviour Iesus Christ than according to the determination of the Councell of Nice The Emperours Theodosius and Valentinian writ to the first Councell of Ephesus how they had sent Candidianus their Ambassadour to the Councell to whom amongst other things they had given this in charge to see that no other question were proposed till such time as the controversies then a foot were first decided Anâ— accordingly doe the Bishops of that Councell speake in their letters to those Emperours Wee being assembled at Ephesus for no other cause than to consult and treat of the faith according to your holy Edict 4 Our French Councels afford us very pregnant proofes and presidents hereof for in the most of them our Kings caused them to consult about such points as they proposed and did often call them together of purpose to take then advice in doubtfull cases King Clovys sent certaine heads or chapters unto the first Councell of Orleans which himselfe had called there to bee discussed Which being put in execution accordingly by that Synod the resolutions were sent unto him by the Synod and submitted unto his judgement 5 King Guntrand called a Synod at Mascon chiefly to make a decree against those that travell upon the Sunday which hee confirmed afterwards by his Edict directed unto the same Synod We will and command saith hee that what we here enjoyne by virtue of this Edict be from henceforth inviolably observed inasmuch as wee have caused those things which wee now publish to bee determined as you know and juâ—ged at the Councell of Mascon 6 Carloman who is called Duke and Prince of the French assembled a Councell in France anno 742 the place wee know not to take advice of it How he might reestablish the law of God and religion which had been trodden under foot and overturned in the time of his predecessors and by what meanes Christian people might compasse their salvation and not suffer themselves to be seduced by false Priests 7 The Emperour Lewes the Gentle made an exhortation at the Councell of Aix in Germany which hee had there assembled when he came into it wherein hee advised the Bishops to take a course with some things which hee then proposed and which stood in need of reformation hee prescribed also a certaine forme unto them which they were to follow and which was applauded by the whole Councell 8 The same Emperour having by his authoritie caused a Councell to be assembled at Pavy he sent certaine points unto them commanding them to deliberate upon them and that with this clause We send these chapters unto you to consult upon them and let us know your advice for some things of lesser moment which concerne the generall yet so as they touch upon some mens particular and stand in need of reformation wee will that you pasâ—e your sentence upon them and send it to us afterwards 9 The Emperours Lewes and Lotharius called a Synod at Paris anno 824 to deliberate upon the point of images So say the Bishops there About the businesse which your Pietie commanded us namely about the case of Images 10 The same Lewes and Lotharius his sonne proposed likewise certaine heads or Chapters to another Councell by them assembled at Paris in the Acts whereof the Bishops addressing their speech to the Emperours do say Your Serenitie hath collected all that seemed worthie of correction at this present into certaine heads Vpon which heads they did deliberate 11 Lewes the Grosse having called a Councell at Estampes he made them consult whether he should acknowledge Pope Innocent who was fled into his Realme or no. And upon the advice there taken he approved of his election and
so the comparison may bee more easie 16 Of our full power Apostolicall we abrogate and anull and decree â—hat whatsoever hath been enacted declared and ordain'd by the Councell of Basil against us our Lawes and liberties and of the See Apostolique be invalid and of no effect Forbidding all Christians to obey or give eare to such decrees ordinances commandements and proceedings declaring that no man is tyed by any bond of oath promise or compact made with them of what estate degree or eminenâ—e soever he bee and whether he bee of dignitie Imperiall Royall Cardinall or whatsoever else Ecclesiasticall or Civill Let it not then be lawfull for any person to infringe or in a temerarious boldness to oppose this our declaration ordinance will command cassation abrogation and prohibition 17 Let us now examine all these clauses I. First of all hee declares that he proceeds therein with full power Apostolique Paul the third saith in his Bull dated in March 1544 Out of our owne proper motion and full power Apostolique II. Secondly he casseth and declareth that what was done by the Councel of Basil in prejudice of his authority is a nullity Pope Iulius the thirdâ— in his Bull of the 15 of December saith Wee decree notwithstanding that if any person whatsoever by any authoritiy whatsoever doe attempt any thing to the contrary it shall bee void and of no effect III. Hee forbids all persons to oppose his Bull out of temerarious boldnesse Hear Iulius in his upon that point Let it not therefore be lawfull for any man in the world to infringe this present Chart or out of a temerarious boldnesse to oppose it And here is all that can be said out of Pope Eugenius his Bull to the Councell of Basil. But this is not all of Pope Pauls to the Councel of Trent For behold hee hath yet more inasmuch as he commands his Legats To remove the Councell of Trent to what other place they please to suppresse and dissolve it in the said Citie of Trent and to forbid the Prelats and other persons of that Councell to proceed any further at the said Trent upon paine of Ecclesiasticall censures and punishments This might well have sufficed but to make up the upshot see yet more To summon the said Prelats and other persons of that Councell unto that City whither it shaâ—l he adjourned upon paine of perjury and other punishments expressed in the letters of Convocation This clause is so newfangle that the Popes never used it to any Councel before Yet neverthelesse poore Eugenius because he conceived such an enterprise was declared an heretique by the Councell of Basil and deposed from his Popedome Whereas these on the contrary have wonne the day and triumphed over the Councell over Emperours and Princes yea indeed over all Christendome These denouncings of punishments are formally against the Decrees of the Councels of Constance Basil and Pisa whereby it is said That the Pope hath no power to transferre a Councell without its approbation Which notwithstanding the foresaid Popes did by their Buls above-mentioned 18 It is said another decree of the Councell of Basil That the Pope hath no presidence either coercitive or authoritative above a Councel as they phraâ—â— it that is none which gives him any authoritie over it Which Decree was made with great and mature deliberation after they had spent a long time in the search of books and some Canons and had imployed the most learned men about it 19 The Cardinals that called the second Councell of Pisa made a complaint to the other Cardinals that were neare to Iulius the second because they had consented that they should be summoned with Ecclesiasticall censurâ—s to another place to keepe the Councell Wee were highly displeased that you should yeeld your consent or give your advice if that be so to such grievous admonitions and censures as are said to be pronounced against us and that namely summoning us by censures to a place which is notoriously suspected to us Yet nothing was done for all this for they let the Pope hold his Councell of Lateran at Rome while they celebrated their oâ—her at Pisa. 20 The Councell of Basil used another manner of language to Eugenius the fourth Let us heare what Platina saith of it Then the Pope being distracted with a doubtfull care because he was pressed with warres on every sideâ— and saw the Councell of Basill which was formerly begunne by Pope Martins Decree to encrease every day the Kings of Spaine France Germany and Poland sâ—ocking thither as râ—ferring the common cause of the Christian Commonwealth to the Councels arbitrement resolving with himselfe to breake off the Councell he transferred it first from Basil to Bonony with the consent of all the Cardinals that were with him But the Emperour and the rest of the Princes and Prelates then at Basil did not onely disobey him but admonished him two or three times to come with the Cardinals to Basil the proper place for the holding of the Councell and which had beene pitched upon by Pope Martin otherwise they would proceed against him as a prevaricator and contumacious person Eugenius being moved with these words confirmed the Councell of Basil by his Apostolicall letters giving every one leave to goe thither But all this which hee relates doth appeare yet more plainly by the reading of the Acts of that Councell to which I refer the Reader 21 As for the Popes authority which is alwayes reserved in all the Decrees of this Councell it is as extraordinary a clause as can bee imagined I confesse there was alwaies a great deale of honour given to this See of Rome in consideration it was the chiefe Citie of the Empire but to make such a reservation of his authoritie was a thing unusuall and unknowne 22 When the question was about condemning the Felician heresie because the author of it had beene formerly sent to Adrian the first and convicted in his presence therefore the Councell of Francford being to excommunicate the Bishops of Spaine did him so much honour as to make an expresse reservation of Pope Adrians priviledge Which is no generall priviledge comprehending any authoritie over Councels but onely a prerogative in that point which concerned the Bishops condemnation to the intent that the processe might be revised by his authoritie according to the Decree of the Councell of Sardis So likewise the first Councell of Ephesus did Pope Celestine the honour to referre Iohn Bishop of Antioch his cause to his judgement and that for the reason which we elsewhere relate But all this was done out of a prerogative of honour not out of any acknowledgement of the Popes superioritie over a Councell for it can never bee found that other Councels reserved the Popes authoritie over their Decrees 23 Besides this is a way to bring a tyrannie into the Church seeing hee that should have such an unlimited power not subject to any controll or reproofe
of a new Pope in case the See become void We shall onely say that this is so because it is the Councell which gave the Cardinals this power of chusing the Pope to wit that of Lyoâ—s and that other of Vienna and therefore if there bee one assembled when the See fals void it belongs to it onely to proceed to the election or to depute such aâ— they shall thinke good to doe so Now the Councell of Trent having divers times suffered them to usurp this right of election it must needs be confest that it had not the force and authoritie of an Oâ—cumenicall Councell 35 Pope Leo's Constitution made at the Councell of Lateran whereby he derogates from the Councell of Basil and the Pragmatique Sanction as concerning the authoritie of a Councel above the Pope is also notoriously known to every body whereof we shall speake towards the end of this Treatise 36 And for the faculties of the Popes Legats to dispense with Councels this is proved by those granted by Iulius the third to Cardinall Saint Martiâ— de Montibus in the yeare 1551. and to Cardinall Saint George de Vitulo aureo the yeare 1553. by Paul the third to Cardinall Caraffa the yeare 1556. and to Cardinall Trivultio the yeare 1558. by Pius the fourth to the Cardinall of Ferrara in the yeare 1561 all Legats in France We find this clause in all these faculties To oppose the gainsayings of Generall Councels and to derogate from them CHAP. II. That Popes are not above Councels 1 TO make some of the injustice of this usurpation and ascribing too much to the Pope appeare more plainly wee will make it evident by authentique proofs that the Pope hath no power over a Councell We shall content our selves with touching upon the most pregnant reasons yea and to omit such of them too as would draw us into over long discourses Though wee had no authoritiâ— at all to prove that the Pope hath not any jurisdiâ—tion nor command over a Councellâ— reason alone were sufficient to lead us to this perswasion Granting that to be true which is disputed by some that the Pope is the ministeriall Head of the Chuâ—câ— it is an unusuall thing in all companies and congregations supreme Monarchies onely excepted that the Head should have more power than all the body Hee may doe much when hee is joyned with it but by himselfe if hee doe ought which doth not proceed well it belongs to his body to take order with it to take him under their cognizance to judge of his proceedings and of appeals from him and such like matters Otherwise the inconveniences are too great when a ministeriall Head hath absolute authoritie If he be unjust perfidious wicked corrupt abominable impious tyrannicall inhumane wee must have patience and submit our selves to all there being no other remedie but prayers and teares to which alone these honest Doctors bid us have recourse 2 For another reason what good will it doe us to have Councels hereafter to what end shall wee use them if they depend entirely upon the Popes authority if hee alone may alter all in an instant make new Canons and Decrees and no body can say to him Why dost thou so 3 Lastly what a misery or rather what an abuse is this that the name of the Church should bee confin'd to one man that so many goodly qualities and prerogatives as are ascribed to it should agree properly to the Popeâ— Yea that hee himselfe should be both the bridegroome and the bride And I desire all good Catholiques to take notice of this and to open their eyes that from henceforth they may discerne these illusions They ascribe unto the Pope both the nature of the Head and the nature of the Body they say hee is the Bridegroome and they will have him to bee the Bride too Heare the testimony of Bellarmine concerning this All the names saith hee which are given to Christ in holy Scripture whereby he is set above the Church the same are all ascribed to the Pope too He is called the Head of the body of the Church Hee is styled the husband or speuse See here what he saith in one placeâ— Heare also how hee speaks in another place treating of the same subject and expounding that passage out of the eighteenth of St. Matthew If thy brother have offended thee tell it unto the Church being not able to disintangle himselfe from that which is objected that those words are directed to St. Peter and by consequent to the Pope I adde saith he that the Pope may fulfill this command by a way of his owne first hee must reprove him that hath offended in private then afterwards before witnesses lastly the telling oâ— it to the Church that is the telling of it to himselfe as President O terrible id est which like a magick spell shewing us the Pope sometimes like a man sometimes like a woman makes him an Hermaphrodite One of the prime expositours of the Canon Law expounded those words thus Tell it to the Church that is to a Councell But that opinion is now cashier'd Wee doe not live in those times wherin they spoke on that fashion these are the nowadayes termes of heretiques and such as are more dangerous 4 I know very well the word Church hath reference sometimes to the Pastors of it and that St. Chrysostome expounded the place thus Tell it to the Church that is to those that preside in the Church And we are content to understand it so but this were to call the Pope in question upon the same controversie which wee have now in hand for St. Peter and by consequent the Pope being commanded to tell it to those which preside in the Church that is to his brethren and fellow-Bishops this is to make some haile-fellowes with him and to hold the authority of a whole Councel of more force than his alone which wee will not allow of Here you see the reason why it was necessary to turne that word Plurall into a singular and to understand that passage in such a way as the Pope may propound a question to himselfe and presently make answer to himselfe and so play Martin the Priest both Priest and Clerke 5 Hereafter wee must glosse that glosse upon the Decree where it saith If the Pope chance to offend his fault may be told unto the Church if so bee it be lawfull to accuse him To the Church then that is to the Pope to himselfe and no other Wee must also make Pope Gregory speake a most fearfull languageâ— and say in spite of his tâ—eth what he never so much as thought on Pope though he were for in an epistle of his writ against the Patriarch of Constantinople who styled himselfe Vniversall Bishop We saith St. Gregory speaking of himselfe to whose prejudice such and so great a fault by a bad attempt hath been committed doe observe that rule which Truth it selfe commanded
them with the appointment of the time and place CHAP. V. This maxime Thaâ— a Councel is above the Pope proved in expresse termes 1 WHerefore notwithstanding these examples objected to the contrary considering the weaknesse of them wee may justly inferre that the aâ—cient Popes having confessed and acknowledged the authority of Councels to be greater than their owne having been judged and condemned by them both in matters civill and criminall as also appeals from their sentence unto Councels having been allowed therefore they are inferiour to them and ought at this day to acknowledge their power and authority But wee must yet undertake a greater task and shew that this maxim That a Councell is above the Pope is in expresse termes in the Decrees of Councels the Constitutions of Popeâ—â— the decisions of Doctours the opinions of Vniversities and the approbations of Princes and Provinces 2 Wee can scarce bring ought from them any higher than since the Councell of Constance by reason that the question was not yet on foot and they never thought of resolving iâ— in expresse termes Yet this was the opinion of the first Councell of Pisa which was holden before that of Constance which deposed two Popes at one time and created another in â—â—ed of those two who was acknowledged for a true Pope namely Alexander the fifthâ— And for the fact heare what Nauclerâ—â— saith of it It was disputed a long time at the Councell of Pisa about the pretended deposition of the Popes principally by Lawrence de Rodulâ—is Doctour in both Lawes and Professour at Florence to wit whether supposing it for true that the two Popes scandalized the Church by the open violation of their oathes and of the vow which they had made for the union of the Church considering they had no regard of it but by mutuall collusion did dissemble it and that a most wicked schisme is very harmefull to the Church Whether I say the Cardinals might call a Councellâ— and both Popes being cited to the Councell and not appearing but persisting in their contumâ—â—y might be deposed and whether they might proceed to the election of another Whereupon after a long dispute in the presence of many Doctours of Divinity and both the Lawes it was at last resolv'd without contradiction they all being of the same minde that it might be lawfully and Canonically done 3 As for that of Constance the formall Decrees of it are extant in the fourth and fifth Sessions The holy and Generall Councell of Constance doth ordaiâ—â— and declare that a Synod lawfully called in the name of the holy Ghost making a Generall Councell and repreâ—enting the Catholique Church militant hâ—â—h itâ— power immediatly from Christ to which every one is bound to obey in what estate or dignity soever he bee set though it bee in the Papall forasmuch as concerneâ— faithâ— the extirpation of Schisme the generall reformation of the Church of God both in the Head and members This iâ— the former Decree but the sâ—â—ond is yet more expresse Item it declares that whosoever shall neglect to obey the commands statutes ordinances or decrees of this â—acred Synodâ— or of any other Generall Councell lawfully assembled in the things aforesaid 〈◊〉 others tâ—â—â—â—to appertaining made or to bee made if hee doe not repent of it hee shall undergoe a condigne penance and shall be severally punished yea and that with recourse if need requâ—â—e to other remedies of law against him 〈…〉 estate or dignity soever hee bee though he be Pope These Decrees were confirmed by the Councell of Basil and inserted â—ord for word in the second Session held in the year 1431 and againe in the sixteenth and eighteenth Sessions in the year 1434 and in the thirty third Session holden 1439. The Councell holden at Bourges in our Realme of France under 〈◊〉 the seveâ—â—â— in the yeaâ—e 1438 confirmed the same Decree and transcribed it verbatimâ— into the Pragmatique Sanction 4 There was another Generall Councell holden at the City of Lausanne in the year 1449 where Pope Felix abâ—ured the Popedomeâ— and Pope Nicholas the fifth was confirmed in his place The Acts of that Councell which was a Generall one contain only foure pieces to witâ— the renouncing of the Popedome by Pope Felixâ— a general absolution of excommunication the new creation of Pope Nicholas the fifth and the dissolving of the Councel Whence I have extracted these ensuing places which serve for this purpose In the first Act Wherefore there is need of strong and ready succours forasmuch as the authority of sacred Generall Councels now more stirred than ever doth not onely shake but is already borne downe to the ground For the decision of the Sacred Councel of Constance which ought never to be forgotten is not yet quite oâ—t of memory to wit â—o wit that a holy Synod lawfully called in the name of the Holy Ghost making a Generall Councellâ— and repreâ—enting the Catholique Church militant hath its power immediately from Christ to which every one is bound to obey in what estate or dignity soever hee bee set though it bee the Pope for as much 〈◊〉 concernes faith the extirpâ—tion of Schisme and the generall reformation of the Church of God both in the Head and the members â—o the creation of Pope Nicholas 't is said To set the holy Church of God aâ— peace and union wee have directed our petition to the person of Thomas the welbeloved sonne of the Church called Nicholas the fift in his obedience hopeing that he will doe what onâ— that is to be Pope ought to do having understood by credible information that he beleeves and followes that which is truth for the preservation upholding of the authority of Sacred Councels so as it was determined declared at the most sacred Synod of Constance renewed at the holy Councel of Basilâ— received preached and dogmatically delivered by the Prelats Kings Princes and Vniversities of the earth to wit that a generall Synod lawfully called in the name of the Holy Ghost making a Generall Councell c. Which is the Decree of the Councel of Constance at large as it was above rehearsed 5 In the year 1512 there was another Generall Councell holden in the city of Pisa afterwards removed tâ— Milan where these same Decrees of the Councels of Basil and Constance were afterwards confirmedâ— So saith King Lewes the twelfth in his letters patenâ—s dated the 16 of Iune 1512. verified in the Court of Parliament containing an approbation of the said Councell together with his letters written to the Vniversity of Paris containing an exhortation and injunction to them to examine the booke of Thomas de Viâ— Cajetano intitled De comparatione authoritatis Papae Concilii which hee had writ against the Councels of Constance Basil and the second of Pisa and likewise against Iohn Gerson Chancelour of Paris But there is no need of seeking proofes abroad considering that the very Acts of the Councel it selfe do
in the 18 of St. Matthews Gospel Tell it unto the Church Where as it is collected from that which follows is signified the power of jurisdiction given to the Church Synodically assembled And there are many good writings upon that subject and divers â—estimonies of Scripture whereby that truth of the Councels of Constance and Basil is confirmed There have been infinite books and treatises writ of it already The second part is cleare inasmuch as the sonne the servant the Scholar is bound to obey his mother his maistâ—r his schoolmaister but the Church is the mother the mistresse and the pedagogue of all the faithful in Christ of which number the Pope is one though he be the eldest sonne and the chief servant styling himself not in a feigned humility but in a Catholique verity Christs Servants Servant and the principall among all the other disciples of the faith So then he is set as the rectour pastour and Doctour of the rest of the faithfull of Christ in Christs corporall absence who is alwayes mystically and spiritually present and by Christ the spouse of the Church the father lord and maister of the faithfull by the authority of Christ and of the Church his wife and Spouse which is another new Eve sacramentally taken out of the side of the new Adam sleeping upon the crosse and joyned in marâ—iage with him as th'Apostle witnesseth This is a great sacrament betwixt Christ and the Church not betwixt Christ and the Pope Whence it is easie to shew that the Church Synodically assembled is a judiciall consistory and supreme over all the faithfull of Christ. And from hence also the third part of the conclusion is evident inasmuch as no party can transferre or dissolve the Iudges Seat at his pleasure For if the Pope had this power he should bee above not under the Church using not a mere borrowed power of the Apostolique keyes but an absolute free Princedome a jurisdiction belonging to himselfe And hee should not bee only the Pastour and steward over the sheep and lambes of Christ but the King and Pastour of his owne sheep against that which is said in the last of St. Iohns Gospel Feed my sheep hee â—aith not feed thine own Besides if the part had power over the whole the thing contained over the continent the particular badnesse of the Pope might oversway the universall good of the Churches intention and the Popes pleasure should be a law to the whole Church And that Church which in one of the Articles of our Creed we beleeve to bee holy built upon the immoveable rocke of our Christian faith should be made subject to a moving to a moveable and erring Prince against which saith Saint Ierom neither vices nor heresies which are meant by the gates of Hell shall ever prevaile 3 The Vniversity of Erford was of the same opinion and gave the same advice concerning the receiving and approbation of the Councel of Basil which they directed to Theodorus Archbishop of Mentz in the year 1440 we will here set downe some passages of it Now it is fitting to set which of the two ought to bee obeyed whether Eugenius or the holy Councel having shewed the validity and subsâ—stence of the Councel of Basil the superiority and preeminence of the Councel is proved thus Although the Pope or supreme Bishop bee so the principall part of the Church or in the Church that there is no one member of the said Church or particular councel greater or more principal than he nor indeed so great as he is avowed and acknowledged to be by all those that have treated of the power of the Pope Yet no Catholique that will understand the maâ—ter can eâ—er doubt but that the whole Church or a firme and subsistant Generall Councel 〈◊〉 greater than he and his superiour in matters that concerne faith or the extirpation of schismes or the generall reformation of manners For this was determined by the authority of the Church Catholique at the sacred Councell of Constance and confirmed at the holy Synod of Sens and of Basil in these words That a Synod lawfully assembled in the name of the holy Ghost making a Generall Councell and representing the Church militant hath its power immediatly from Christ to which every one is bound to obey of what estate or dignity soever hee be though he be Pope in matters which concerne c. And although this declaration of the Catholique Church might suffice alone to prove the supreme authority of sacred Councels upon earth yet notwithstanding for the greater confirmation of what hath been spoken That the rest of the body of the Church excluding the Pope if he bee contrary to it hath this authority there may be brought both reason and experience and authority In the first place reason teacheth us c. After they have proved this in manner aforesaid at last they conclude in this sort Considering then that all General Councels are grounded upon such authority that if they be assembled about faith reformation of manners that which belongs thereunto every man from the least to the greatest is bound to obey them as also considering they cannot erre and that the sacred Councel of Basil continues firme and undoubted untill this day as hath beene proved From hence three things are inferred First That if a General Councell and the Pope though hee bee truely and reallie Pope be at variance and command contrary things the most illustrious Princes Electours and all other Christians ought and are bound to obey the Councel and leave the Pope The second that the sacred Councell of Basil and Pope Eugenius that was commanding contrary things they are bound to yeeld obedience to that sacred Councel and not to Eugenius Yea to account him no Pope seeing the Councel had power to proceed to the deposing of him for his disobedience The third that they are bound to obey the most holy Pope Felix who was chosen by the Councell 4 The counsell and advice which the Vniversity of Vienna gave to the Archbishop and Metropolitan of Salizburg upon his request made unto them is conformable to the former To the second namely whether the holy Councell of Basil had full power to proceed against Eugenius and to depose him and create another it is answer'd That the holy Ghost hath openly declared by the Organ of the sacred Councel of Constance that the Church and a holy Councell whâ—ch represents it hath such a power over any man whatsoever he be although he be placed in Papall dignity Afterwards they adde the Decree of the said Councell which hath beene here alledged already together with another of the same Councell made against those that doe not obey the commandements thereof though they be placed in dignity Papall And in another place 't is said It followes then that the Holy Ghost is there at the General Councel but not as a subject but as a supreme President from whom it is not lawfull
for any of the faithfull to make appeal and by consequent not from the Councel neither forasmuch as concernes the Articles wherein it is certaine the Councell is governed by him and that hee presides there by a speciall grace and lustre to wit in what concernes faith the extirpation of schismes and the reformation of the Head and the members How can it be otherwise but an open contempt of the majesty of God and almost a piece of Idolatrie to appeale from a Councel to the Pope in such cases what is it else but to appeale from God himselfe who is confessed to preside in a sacred Councell for such things unto a meere man and to take the power of judging from God the Creator and devolve it upon a man what is it else but to preferre a man before God as a more just Iudge than he 5 The Vniversity of Cracovia gave also their advice and counsell concerning this point unto Ladislaus King of Poland and Hungary consonant unto the former but farre more large containing some very prety reasons to prove that the Pope is inferiour to a Councell out of which wee shall bring onely some passages to make it appeare what their resolution was First of all it is said That a Generall Councell representing the Church Catholique is a rule directed by the Holy Ghost and given by Christ Iesus which every one is bound to hear and obey of what estate and condition soever he be although he be a Pope And in another place Whence it followes that the Pope is not head of the Catholique Church nor of a Generall Councell which represents it but he is head in respect of particular Churches and particular members in the Church In reference to whom he is supposed to have full power as the Vicar of Christ. And elsewhere Wherefore let this bee the third conclusion concerning this point That every Generall Councell lawfully assembled in the name of the Holy Ghost doth represent the Catholique Church and hath its power immediately from Christ. This proposition hath no need of proofe considering that it hath its proofe and foundation from the decree of the Generall Councell at Constance See here the very words of it that wee may not bee put to repeat them hereafter These are the two Decrees of the said Councell which wee have inserted here before After which it is said Behold the Constitution of the sacred Councel of Constance which may suffice to make any man content unto this conclusion considering it is the assertion of the Catholique Church After the proofe of the said conclusion they proceed unto the fourth in this manner And forasmuch as the Catholique Church and the Generall Councell which represents it hath its power immediately from Christ by the foâ—mer conclusion let this now bee the fourth The power of the Church Catholique as also of every Generall Councell lawfully assembled which doth represent it is above the power of the Pope and all other power whatsoever upon earth to which every one of what estate condition or dignitie soever hee bee though it bee Papall is bound to obey and submit himselfe And if he will not obey he may be punished with condigne punishment This conclusion they prove by many reasons and authorities which it would be long to set downe in this place Wee shall onely say how that serving themselves with the authoritie of the Councell of Constance and having related at large all that passed in that respect they adde All which facts of that Councell are and will be a perpetuall memoriall unto succeeding generations Whence it plainly appeares whether a â—enerall Councell have any jurisdiction over the Pope or no. Which every bodie that hath any judgement may easily know Where it is to bee observed that the authoritie of the Councell of Constance was not any way doubted of in those dayes but continued generally approved by all in this respect In another place it is said Whence it may be inferred that although it be convenient the Pope in some sort should be called the head of the Church yet ought he not therefore to preferre himselfe before the Church Yea it might perhaps be inferred from hence that eo ipso because hee quarrels with the Church for superioritie either in his actions or affection hee not onely is not superiour but also that he is no member of the Church as one that is ill opinion'd of the authoritie of the holy Mother the Church and deficient in the true faith It is further said towards the end of that conclusion Whatsoever hath been heretofore delivered in this point by the Glosses and Doctors sometimes for the affirmative sometimes for the negative part we must now stand to the decision of it made by the sacred Councell of Constance for as much as concernes those cases expressed in their Decree to wit when the question is about faith or the extirpation of schismes or the reformation of the Church in the Head and members and in cases thereunto belonging as when the controversie is about a notorious scandall and so of others In all these the Pope is inferiour to a Generall Councell And if any man be strongly confident of the contraryâ— he ought to bee esteemed a heretique I could yet extract some other passages but see here is more than needs for them that hold the contrary 6 Now we come to our Vniversities of France which have all approved this opinion That the Pope is inferiour to a Councell Which they did not by their severall counsell and advice as those of Germany and Poland but being all Synodically assembled at the Councell of Bourges together with all the Prelates and chiefe Lords of the Land as it is affirmed in expresse termes in the narrative of the Pragmatique Sanction whose words wee have set downe in another place 7 And for that of Paris as she excels all the rest in dignitie and knowledge so hath she perform'd the bravest exploits in this regard For shee not onely approved the Decrees of the Councels of Constance and Basil at that time but even after that when she saw that Pope Leo the tenth went about to repeale them in the Pragmatique Sanction by the Councell of Lateran and by the Concordats made with King Francis shee put in an Appeale to a future Councâ—ll with such masculine and generous termes as the honour of France might require as appeares by certaine passages which we have drawne out of them bâ—foâ—e when we spoke of Appeals from the Pope to a Councell 8 Besides the second Councell of Pisa holden in prosecution of those of Constance and Basil did her the honour to desire her to write against Cajetans booke wherein he maintaines that the Pope hath authoritie over a Councell See here the letters which were writ unto her upon that occasion The holy Councell of Pisa lawfully assembled in the name of the Holy Ghost representing the Church Catholique and by way of continuation removed to
Milan for a time to our beloved sonnes the Rectours Doctours Masters and Regents of the mother nurse the Vniversity of Paris health and blessing from God Almighty Our beloved sonne Ieffrey Boussard Chancelour of Paris will by our direction deliver unto you a certaine suspected booke full of injuries against the Councels of Constance and Basil and against ours and against Iohn Gerson the maine defender of the Church made by a certaine Frier Cajerane a bold fellow and a dangerous who we desire may be corrected according to his desert Wherefore we desire you in the name of the Lord to examine and diligently to sift that booke and speedily to send us â—â—ur resolution and opinion of it to the end that we may proceed with your sage advice according to the merit of his boldnesse See here their most respective letters and withall those which were writ unto a company which hath alwaies beene reputed in effect the eye and light of the world 9 Let us now speake of the approbation of Princes and Provinces First it is to be observed that the Deputies of the chief nations in Christendome were present at the Councell of Constance to wit of England France Germany Spaine and Italy As is apparent from the Acts of it and from the testimony of Platina who speaks thus of it The affaires of the Councell saith he were managed by the votes suffrages of five nations to wit of Englandâ— Italy France Germany and Spaine All that was decreed and resolved upon by suffrages of these nations continued firme and strong and was proclaimed and publiquelie declared by a cryer or publique notarie insomuch that it was afterwards confirm'd by the generall consent of all 10 The Ambassadours of divers Princes were at the Councel of Basil namely of the Emperour the King of France the King of Spaine and others The Decrees thereof were also approved in the diet of Mentz in Germany by the Electours of the Empire and the Oratours of the Princes of Germany witnesse AEnaeas Sylvius afterward Pope Pius the second witnesse also the Vniversity of Erford in Germanyâ— which speaketh to the Councell aforesaid in this manner The Princes without all doubt or hesitation whatsoever have taken their oathes and yeelded obedience by themselves or their Ambassadours and lawfull Atturneys unto that sacred Councell as also after that in the Dyet of Mentz The pretended abrogation of this sacred Councel being already decreed admitting of it with certaine qualifications they make no scruple about the power of it as it is contained at large in the letters set out touching the acceptance of it in these words Wee accept and receive presently and without delay with all devotion and reverence the foresaid Decrees of the holy Councell of Basil with convenient caution as touching the correction and reformation of the things aforesaid some simply as they ly others with certaine formes and modifications Not that we doubt of the power of that sacred Councel which made them but to the intent that they may stand with the convenience of the times and manners of the said Countrey of Germany as it is hereafter specified The Vniversity of Vienna saith likewise to the same Councell That all Christian people called it a Councell lawfullie assembled and received it with all reverence 11 Our Kings of France have approved all these three Councels of Constance Basil and Pisa to wit the two former in the Pragmatique Sanction with certaine formes and qualifications which concerne especially the liberties of the Gallicane Church and doe not any wayes derogate from the power of the Councel over the Pope for the Decrees which were made in that kind are inserted there by name And the last together with the two former by the letters patents of King Lewes the â—welfth of the 16 of Iune 1512. And although Pope Eugenius the fourth was very earnest with King Charles the seventh to get him to repeale the Pragmatique Sanction and reject the Couâ—cell of Basil after the translation of it to Ferrara yet for all that hee could not obtaine it but answer was made to his Ambassadours That the King had acknowledged the Councell of Basil for a true Councel that hee had sent his Ambassadours thither that divers good things had beene there ordained concerning faith and manners which he approved of and that he never accounted that assembled at Ferrara for a Councel That for the Pragmatique Sanction his pleasure was it should bee inviolablie observed and kept The same Pragmatique Sanction which is nothing else but the substance of the Councels of Constance and Basil was afterward confirmed by King Lewes the twelfth after it had escaped shipwrack under Lewes the eleventh together with the Councell of Basil aforesaid by an Ordinance made in the yeere 1499. 12 Since that time there was a Concordat made betwixt King Francis and Pope Leo the 10 which derogates from it concerning the point of Elections Presentations and such like things but not in that which concernes the power of a Councell For see here what the same Prince saith of it to wit that To avoid the great dangers which may happen hereafter about the recalling of the Pragmatique whether such revocation be obeyed or it bee not which may bee foreseen by all such as are well affected hee hath made certaine Concordats with the holy See Apostolique Now in these agreements there is nothing expressed either for the confirmation or abrogation of these decrees concerning the power of Councels although that was the maine cause that stirred up the Popes hatred against that poore Pragmatique And if so it is yet further to be observed that the Vniversity of Paris hath put in an Appeale from such Concordats to a future Councel CHAP. VII A confutation of their reasons that maintaine that the Pope is above a Councel THe Popes are in default who have endevoured to obscure this truth yea desired to overthrow it in the suit either by their proceedings or by their Decrees and their Conventicles or by the writings of their hireling Doctours whom it is now my task to answere but very briefly because it is none of my proper designe beside that which I have touched upon above may suffice abundantly 2 Their maine incounter is with the Councels of Constance and Basil yet so as they cannot agree amongst themselves about them For some of them say It was not absolutely determined by them that Generall Councels have power over Popes but onely in one case to wit when there is a schisme and it is doubted who is the true Pope But the very words of the two Decrees which we produced in the former chapter doe sufficiently refell them so that we need say no more of that They doe not onely give the Councell power over Popes in case of schisme but in all that concernes the faith in all that concernes the reformation of the head and members and all things that depend thereupon 3
Paschal tell how they had read that Pope Gregory the seventh commanded the Marchionesse Maud that as shee would have her sinnes remitted she should make warre against and destroy the Emperour Henry the fourth But wee doe not conceive by what authority either he or others could doe it justly And afterwards addressing their speech to Paschal O holy mother Church of Rome hitherto thou observest the fashion and custome of binding and loosing discreetly and commandest us so to observe it Whence is then this new authority whereby impunity of sinnes alreadie committed and liberty of committing for the time to come is offered to delinquents without confession and penance What a gappe hast thou hereby set open to the wickednesse of men O mother God deliver thee from all evill 4 The story which is related by an English Monke is very remarkable About the same time saith he to wit the year 1258 there came into England a certaine Fryar of the Order of the Minorites called Mansuetus sent by the Pope at the instance of the King who trode in the steps of Mr. Herlot being instructed with a great power insomuch that changing their vowes he absolved all the Royalists as they called them at his pleasure or justified excommunicate falsifiers and perjur'd persons Whereupon divers delinquents tooke occasion to offend for the facility of pardon gives occasion to sinne but wise men made a mocke of it It is a meanes to induce any man to abandon himself to all kinde of vice and lewdnesse to bee assured that all the sinnes which hee can commit shall bee forgiven him 5 Wee will here set downe some passages out of a Bull which came to our hands containing the summary of many others granted by Pope Paul the third who called the Councell of Trent in the year 1539 to the brethren of the Fraternity of the Sacrament of the altar printed at Chartres by Philip Hotot the year 1550 at the request of the Protectours Proctours and brethren of that Fraternity Loe here the very words Giving and granting furthermore to the said faithfull Christians which shall enter into the said Fraternity of the blessed Sacrament of the body of IESVS CHRIST upon the day of their entrance full pardon of all their sinnes they being first confessed and the said sacrament of the altar devoutly received Besides three times in their life a like plenary pardon in manner and forme of a Iubily Furthermore unto the said brethren such as shall accompany the said blessed Sacrament when it is administred to sick folks or to such as by reason of their impediments cannot doe it and shall cause it to bee so accompanied as is above expressed and shall assist at Processions and divine service such as shall bee done and solemnized by the said brethren as above said an hundred years of true pardon for every time they shall so assist And those that shall visite the said Church every Friday in the year ten years of true pardon and as many quarentains saying a Pater noster and an Ave â—ary every Friday Behold yet another Article which goes further as wee shall understand by the commentary As also power to use and enjoy all and every the priviledges indults exemptions liberties immunities plenary pardon of sinnes and other spirituall graces given and granted to the brother-hood of the image of St. Saviour ad Sancta Sanctorum of the charity and great hospitall of St. Iames in Augusta of St. Iohn Baptist St. Cosmus and Damianus Of the Florentine nation of our hospitall of the Holy Ghost in Saxia Of the Order of St. Austin and St. Champâ— Of the fraternities of the said citie Of the Churches of our Lady De Populo de verboâ— together with all the gifts graces pardons and indulgences granted by our predecessours to those which visit the said Churches or to be granted by our successours to have and enjoy for ever 6 In the sequell of that Bull are set downe the indulgences granted to the Churches brother-hoodsâ— and Hospitals mentioned in the former Article with the names of the Popes that granted them amongst whom are named Sixtus Gregory Innocent Celestine Clement the fift Boniface the eighth Innocent and Sixtus the fourth But wee may doe better to transcribe the whole for it may bee there is now a scarcity of copies The Statutes and Ordinances of the worshipfull Fraternity of the most blessed body of our Lord Iesus Christ newly founded and erected in the Church of St. Hilary of Chartres together with a summary of the pardons and indulgences given and granted by our holy Fathers the Popes and by our holy Father Pope Paul the third of that name confirmed to the said Fraternity and all others of like denomination as well at Rome as out of Rome erected or to bee erected Which Statutes and Ordinances by virtue of the taking out of those Buls made thereupon by authoritie of Pope Iulius the third of that name now reigning given at Rome the sixt day of May in the year one thousand five hundred and fiftie shall bee observed and kept in manner and forme fâ—llowing The pardons Indulgences Iubily and plenary remissions granted to such as visit the altar where the blessed Sacrament and precious body of Iesus Christ is placed in the said Church of St. Hilary upon the daies in the yeare and according to the manner and forme hereafter declared and expressed to the end that every Christian desirous of his salvation may purchase and come by them 7 And first the declaration of the Indulgences given and granted to the brethren of the said Fraternitie found in the Church of St. Hilary of Chartres verified approved and confirmed for ever but made valid by our holy father Pope Iulius the third of that name now reigning 8 The Indulgences granted to the Hospitall of St. Iames in Augusta 9 The Indulgences granted to the Church of St. Iohn of Florence and to the company and society of the said nation and of St. Cosinas and Damianus of Rome 10 The Indulgences granted to the societie of the holy Camp of Rome 11 The Indulgences granted to the brethren and sisters of St. Saviour ad Sancta Sanctorum 12 The Indulgences granted to the companie of the Charitie of Rome 13 The Indulgences of the great Hospitall of the Holy Ghost in Saxia of the Order of St. Austin of Rome 14 The Indulgences of our Lady de Populo of Rome The catalogue and declaration of the Indulgences aforesaid with the names of the Popes that granted them and the dayes upon which they may be had 15 First our holy Father Pope Leo hath granted to all and every one of the said brethren which shall be present at Processions and other divine service celebrated upon Corpus Christi day remission of all their sinnes provided they bee confessed and penitent or have a full resolution to confesse themselves at the times appointed by our holy mother the Church Plenary pardon to those of
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
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
whereat the said Archbishop was highly offended in so much that he with other Bishops at the Synod of Estampes were upon the point of revoking the said consecration made by the Pope as prejudiciall to the authoritie Royal. See here what the same Bishop saith of it in a letter to Pope Vrban Moreover I give your Holinesse to wit that the Archbishop of Sens being infatuated by the counsell of the Bishop of Paris having summoned the said Bishop of Paris and two others of the same humor to wit he of Meaux and he of Troyes did very indiscreetly accuse me this present year because of the consecration which I had received from you saying that I had offended against the Kings Majesty by attempting to receive my consecration from the See Apostolique We have heard before what this same Bishop said of Investitures speaking of the King of France 26 We may now conclude that elections nominations and approbations in point of benefices have alwaies belonged unto our Kings and have beene at their free disposall By their last ordinances they have beene pleas'd as well to disburthen themselves of that charge as also to prevent the enterprises of the Popes to decree that elective dignities should bee conferr'd by elections and benefices which were not elective by the collations and presentations of the Collators and Patrons And this according to the Councell of Basilâ— which hath tied the Popes hands in this respect and the Pragmatique Sanctions of St. Lewes and Charles the seventh Yet this was still with two conditions one that the Kings Congé d'elire should bee requir'd by way of preamble at least in respect of Bishopriques and Abbeyes otherwise the election should be accounted a nullitie Which is verified by the letters of our Kings as farre as King Lewes the eleventh containing the said licence which may yet be found in the treasurie of Chartres in a great box quoted xxv Which right was declared to belong to King Philip the Faire when the question was about Saint Maglairs Abbey as some report 27 The other that the said Prelates before they could be called such should be bound to take the oath of allegiance according to the ancient custome as it was determin'd by the Arrests of the Parliament of Paris against the Archbishop of Anx and the Bishop of Mantes Which was observed in the time of Philip the first according to the testimonie of the Bishop of Chartres who in his epistles addressed to Pope Paschal speaking of the Archbishop of Rhemes who had beene depriv'd of his dignitie and for whose reestablishment the said Bishop had interceded to the Kings Councell The Princes Court saith he inclining to the contrary we could not obtaine an entire peace unlesse the said Metropolitan would make unto the King such an oath of allegiance as other Archbishops of Rhemes together with all the rest of the Bishops of this Realme of France how holy and religious soever they were made to the Kings his predecessors Divers authors beare witnesse of this oath of allegiance made by Bishops to their kings and princes both in England and France and other places some of them set downe the very forme 28 Since this time our kings have beene compell'd to divide their rights with the Popes to give them content and be at peace with them by taking away elections and reserving unto themselves in stead thereof the nominations and allowing unto Popes the confirmations By the ordinance of Orleans King Charles would have taken the Clergie and people in to his share by decreeing that when Bishopriques fell void the Archbishop and Bishops of the Province and the Canons of the Cathedral Church should meet togther with twelve gentlemen chosen by the Nobilitie of the Dioces twelve Bâ—rgesses chosen in the Guildhal of the Archiepiscopal or Episcopal Citie to make he a nomination of three persons of which the King should chuse one whom he pleased to name Which notwithstanding we never yet saw observed 29 Wee will say for conclusion that it is no small advantage to the Pope to have the confirmation of the Bishops of France which was granted him by the Concordat but it will bee farre greater yet if he keepe that authoritie which is given him by this Councel For by it hee will quickly bring all these Concordats to nothing and wil resume the extravagancies of his predecessors who had got all the elections and collations of the Bishopriques and benefices of this Kingdome into their Churches to the utter ruine and destruction of it draining the Realme of moneyes and filling it with strangers and bringing it to an extreame miserie as we say else where 30 We shall only here observe the particular interest of Kings and Princes for as much as concernes their power and authoritie whereof they ought to be very jealous if they marke it There is nothing which fortifies it so much as that right which they have to chuse and elect Churchmen nor which weakneth it so much as when the Pope hath an hand in it either in whole or in part Ivo Pishop of Chartres although hee had received his Investiture from Philip the first yet in asmuch as he had got his confirmation from Pope Vrban he was alwaies affectionate to him and the See Apostolique even to the prejudice of the King and Kingdome to whom he did sometimes very ill offices as wee collect from some of his epistles On the contrarie because Lupus had got the Abbey of Saint Peter de Ferriers in the Dioces of Sens by the donation of Charles the Bald he was alwaies loyall and he even brags of it in one of his Epistles 31 An English Historian though hee bee a Monke yet hee knew well how to set out this interest of Princes For speaking of the consecration of certaine Bishops of England made by Innocent the fourth when he was at Lions hee saith They were consecrated by the Pope not without great damage and danger to the Realme of England For the Pope having so ingaged the Bishops unto him they found themselves more obliged unto him and despising the King they were more inclined to doe mischiefe to the Kingdome 32 The Bishop of Chartres continuing his devotion to Pope Vrban gave him notice of this point upon the election of an Archbishop of Rhemes who he assured the Pope was very zealous for the See Apostolique adding afterwards Now how necessarie it is for the Church of Rome to place in that See a minister which is devout and affectionate unto her it is not for me to informe your wisedome which knowes very well that this See weares the Royall Diademe and serves for a patterne almost to all other Churches of France either of ruine or Resurrection 33 Not without cause did Pope Nicholas the first stomach at Lotharius because he would not suffer any Bishop to bee chosen in his Kingdome unlesse hee were faithfull and well inclined to
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
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
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 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
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
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
famous Councell lawfully called Hee excommunicated Fredericke the first very unjustly and carried himselfe so insolently towards him that he made him walke bare foot in his chamber and putting his foot upon his neck spoke these words Super Aspidem Basiliscum c. Thou shalt goe upon the Lion and the Adder To absolve King Henry the second of England from that ill usage which hee had showne to Thomas Archbishop of Canterbury he ordained that Appeales should bee allowed to issue out of his kingdome to Rome Gregory the ninth the compiler of the Decretals tooke upon him to excommunicate Fredericke the second very unjustly promised life eternall to such as would make warre upon him at last sold him his peace and pardon for an inestimable summe of gold As for Boniface the eight the aâ—thor of the sixt booke of the Decretals who excommunicated Philip the Faire and called himselfe Lord of all the world who wore both the swords and reigned with incredible insolence he is so well knowne that he needs not my commendations Clement the fift the authour of those Decretals that beare his name declares that the Emperour takes an oath of allegiance to the Pope that he is not Emperour till after hee have received his consecration and the Crowne from his hand This Pope caused his Clementines to be published at Montelimar where he then was and had resolved to intitle them the seventh booke of Decretals but he dying in the interim at Rochemaure they hung in suspense till such time as Iohn the twentie second his successour sent them over the Vniversities This is that Iohn that excommunicated Ludovicus Bavarus because he had taken upon him the name and title of Emperour before he was crowned by him who being sued unto for peace and amitie by that Emperour would not hearken to it till he should first devest himselfe of the Empire and come to him in the qualitie of a private man whose sentence was pronounced a nullitie by the States of Germany I doe not speake of the warreâ— which were raised by their ambition to the great destruction and calamitie of Christians nor of many other vices that abounded in them It sufficeth me to touch upon some few of the most eminent of them See here our goodly law-givers Let us from henceforth in stead of Oracles receive those fumes and vanities which they present us with in their bookes CHAP. VII Of the censure of Bookes 1 HAving approved and confirm'd the Popes Decrees and Decretals it was necessary they should condemne those many bookes that are in the world which teach a quite contrary doctrine For they are as so many witnesses of the so many errours and falsities as are in them and of the folly of those which approved them Our Fathers of Trent thought they could not by this charge upon any that would better quit himselfe of it than his Holinesse himselfe considering it so nearly concernes his copihold This is the reason they decree in this manner The holy Councell in the second Session holden under our holy Father Pius the fourth made a committee to certaine select Fathers that they should consider what was requisite to be done concerning divers censures and suspected or pernicious books and that they should make report thereof to the holy Councell hearing now that they have finished thâ—s worke and seeing that by reason of the multitude and variety of bookes it cannot bee distinctly examined by the holy Synod it therefore commands that whatsoever hath beene done by them in this particular bee presented to the most holy Pope of Rome to be concluded and set out by his judgement and authority 2 This Canon must be rightly understood with all its ampliations whereof the first is That power is not onely given to the Pope to determine and publish what had beene alreadie done but also to doe the like for ever after with all bookes wherein should bee found any thing that may be offensive to him The words of the Decree seeme repugnant to this in some kinde when they speake of that which hath beene done alreadie but our Doctors say that Beneficia non sunt restringenda Next it belongs to the Popes to put expositions upon the Canons and Decrees of this Councell for that power is given unto them in expresse termes at the end of the last Session Now the Popes have understood it so and those which came after have not omitted to doe their endeavour in this kinde so that a man would wrong them to accuse them of negligence The last impression of their Index expurgatorius set forth at Paris by Laurence Sonnius the yeare 1599 will alwaies serve them for a just defence which carries this inscription The Index of bookes prohibited with the rules made by the Fathers select by the Councell of Trent first published by the authority of Pius the fourth afterwards augmented by Sixtus the fift and now lastly revised and set forth by the command of our holy Father Clement the eight Revised that no scruple bee left signifies as much as augmented afterwards Which is necessary for those many wicked bookes must be excommunicated which say worse than hang 'em to our later Popes the Authors of our warres and almost to all the rest yea which is more grievous to the Popedome it selfe which they have laboured to overthrow Wherein Catholiques have beene as busie as any others if not more to the great scandall of the Church The second ampliation is That power is given unto him to condemne all those bookes as hereticall which were made in defence of the lawes power and authoritie of Emperours Kings and Princes and that so farre forth as they cannot be spoken of but as vassals and feudetaries to Rome and to bestow any other title qualitie or prerogative upon them is to speake blasphemie against the holy Sec. 3 For this reason it was necessarie to condemne the Epistles of the Emperour Fredericke the second for heresie which were collected into one volume by Peter de Vineiâ— his Chancelour which containe a defence to the Imperiall Lawes against the Popes usurpations The workes of William Occam a Franciscan and Marsilius of Padua a Devine who defend the same rights in behalfe of the Emperour Lewes the fourth The booke of Antonius de Rosellis of the power and authoritie of the Pope made upon the same occasion in behalf of the Emperour Fredericke the third and in defence of his rights being dedicated unto him for that purpose The treatise of Zabarell Cardinall of Florence intituled Of schismes which should bee taken away by the Emperours authority made a little after the first Councell of Pisa where he speakes of the Imperiall power in the Church somewhat too freely to the prejudice of our Popes The Monarchie of Dante 's where he treats that the Emperour depends not upon the Pope but holds his Empire from God The Vâ—rgers dreame and another booke intitled A dispute betwixt
the Clerke and the Souldier which is an abridgement of the former containing a defence of the Lawes Royall of the Kings of France against the Popes usurpations dedicated unto Charles the fift and translated into French by his command Peter de Ferrariis the Practitioner who is put in two places for feare of missing him in the one hee is condemn'd outright in the other they have done him this favour to spare his life upon condition that he be gelded which was afterwards put in execution to the purpose They have not spared even Pope Pius the second himselfe not content with that declaration which he set forth in his Bull declaring all that to be hereticall which he had written against the Popes authoritie when he was called AEneas Sylvius and by consequent the booke which he intitled De origine authoritate Imperatoris Romani where he speakes of Imperiall lawes in other termes than the Popes doe to the prejudice of their Decretals Our Lawyer Baldwin for all he was an enemie to the Hugenots yet could not escape the furie of Rome but was condemned as a Heretique for a booke which he made Of the Ecclesiasticall and Civill Lawes of the Emperour Constantine And because he gives the Emperours too much power over Ecclesiasticall discipline whereas by the doctrine of our Popes they are no more but meere executioners of their Decrees and Constitutions having no power to intermeddle further 4 All other bookes which have treated of the Imperiall or Royall power whether for temporall matters exempting them from the power or iurisdiction of Popes or for spirituall and ecclesiasticall discipline have undergone the like condemnation and amongst others that which beares this title What manner of power it is that belongs to Kings The historie of Francis Guicciardine where he speakes of the usurpation of Popes and the progresse of them The lives of the Emperours set out by Iohn Cuspinian where he speakes of the same things The historians of Germany printed by Wechelius the yeare 1584 because they relate in their histories the unjust proceedings of the Popes against the Emperors and afford some testimonies for the rights of the Empire The Flowers of Histories with the Author of them Matthew Westminster an English Monke who liv'd about the yeare 1375 because he hath oft time spoken his opinion concerning such usurpations and unjust dealings The Commentaries of Claudius Espenseus a Sorbon doctour upon the Epistle to Titus because he speaks too favourably in behalfe of Kings and gives them too great authoritie in the Church as also because he speaks a litle too freely against our Councel and the beastlynesse of Rome That great worke of Marguarinus de la Bigne a Sorbon Doctour intitled Bibliotheca Sanctorum patrum because the Pragmatique of Saint Lewes concerning the rights and liberties of the Gallican Church is there found and other writings and tracts which shewes the power of our Kings as the Historie of Gregorie Archbishop of Tours Ado Archbishop of Vienna Sigebert Abbat of Gemelard who speaks also of the Imperiall authoritie That goodly remonstrance of the Court of Parliament of Paris exhibited to King Lewes wherein is represented the power and authoritie of our Kings in the Church the opposition which they have made against those Popes which would have invaded our liberties which they have put also in two places that so an iterated act may bee of more force and many more which a man may take notice of at leasure 5 The third ampliation is That they have power to abolish and condemne all those books and writings which have been published at divers times in defence of Councels and of the authoritie of the Church against the usurpations of Popes And upon this consideration it is that the book of Zabarel Cardinall of Florence concerning schisme was condemned together with some others whereof we have spoken already The counsell of the Abbat of Panormo made in defence of the Councel of Basil The book of AEneas Sylvius of the same Councel of Basil which troubles them infinitely And it is very credible the author would never have thought of doing of it if hee had beleeved that ever he should have beene Pope The Acts of the second Councell of Pisa which they call a Conventicle which tends to the disgrace of us Frenchmen of whom it did mainely consist The booke of Duarenus intitled De sacris Ecclesiâ— ministeriis because hee limits the Popes power and many other Authours 6 The fourth ampliation is That it is lawfull for them to enroll amongst these the writings of all such as have recorded the vices and abuses of the Popes Court of Rome to demand a reformation thereof Or who have spoke of them by way of complaint or otherwise as Theodoric of Nihem one of their Officers who hath told us strange stories of the lives of Popes during their schisme Cardinall Benno who hath told us wonders of Gregorie the seventh who was called Hildebrand and some other Popes that lived before him Nicholas de Clemangiis a devine of Paris who speaks very freely after the French fashion of the abuses of the Court of Rome The hundred grievances of the German Nation put up in the Dict of Noremberg in the yeare 1522 by the Catholique Princes and other States there assembled to be presented to the future Councel which was afterwards called at Trent See what justice was done to them in this case As also all the tracts put together in a book intitled Fasciculus rerum expetendarum fugiendarum which concerne especially this reformation and others in great abundance 7 Many ampliations yet more might bee made but wee will content our selves with these This were too much if our Popes could be content with it It is to be feared that they will not tho and that they will increase their roll from yeare to yeare Wee shall see them shortly take upon them to abolish the lawes edicts constitutions and ordinances ancient and Moderne of Emperours and Kings To wit all those that speake of Ecclesiasticall discipline of the authoritie of Princes in the Church in justice in election and nomination to Bishopriques of their rights and priviledges and the liberties of their Kingdomes and Empires It is their meaning that no man shall make any question of it but they durst not as yet leap beyond their limits for feare least the heavinesse of their load should make men kick They come to it by degrees as they have alwaies done And to make their designe appeare as cleare as the day we need but represent two of their pieces to wit the Bull De coena domini which they continually renew Looke the sixteenth Article of that which Gregory the thirteenth sent into France in the yeare 1575. and Gregory the fourteenth during our last troubles We excommunicate and anathematize all and every one the Magistrates Counsellours Presidents Auditours and other Iudges by what name soever they bee called the Chancelours
of law concerning temporall matters which is above their jurisdiction for it disposeth of the administration of Hospitals and their revenues It ordaines concerning the making up of their accounts It compels the people to allow maintenance to their Priests Gives power to the Bishops and Ecclesiasticall Ordinaries as Delegates for the Pope to be the executioners in cases commanded by law of all donations to pious uses as well by last will and testament as amongst the living to visit Hospitals Colledges and Schoolesâ— to take the accounts of lay men for matter of buildings Hospitals alms all customs and priviledges whatsoever to the contrarie notwithstanding To examine Notaries elected by the authoritie Royall and Imperiall as Delegates for the See Apostolique and if they finde them insuâ—ficient or pâ—ccant in any thing concerning their office to suspend them for a time or deprive them for ever It deprives the lay patron of his right of patronage in certaine cases Gives the entire cognizance of causes Matrimoniall to the Church Imposeth a punishment upon ravishers of women whether lay men or Clergy declaring them to be incapable of any dignitie and condemnes them to give a dowrie unto those that they have ravished It gives power to the Ecclesiasticall Iudges to proceed rigorously against lay men that keepe concubines according to the qualitie of their crime in case they make no reckoning of Ecclesiasticall censures And grievously to punish those women which live openly with their adulterers and concubinaries according to the hainousnesse of their crime though no man required them to it and that they bee corrected out of the towne or diocesse of Ecclesiasticall Ordinaries calling in to their assistance the secular arme if need be It prescribes a forme and that a very new one to prove rights of patronage It useth commands to the secular Iudges which they should not receive but from their Soveraigne Princes 3 But one of their greatest usurpations in that regard is that which was made concerning duels First in the verie prohibition of them forasmuch as seeing they were allowed by humane lawes they should have bin prohibited forbidden by them too that so Clergie men intrench not upon lay men but every one contain himself within his own bounds Secondly in the coÌ„fiscation of Cities and other places belonging to the Emperour Kings Princes or any other persons where such duels shall bee fought with their leave Thirdly in the forfeiture of all the goods as well of those that fight as of their seconds To make it appeare that those are notorious usurpations wee will set downe this Maxime That a Councell or the Church hath no coactive jurisdiction over Kings and Princes And likewise this other That a Councell hath no power in temporall matters For the first we affirme that a Councell hath no power save onely over that which concernes the spirituall that is over such things as quicken the Spirit or have beene given by the Holy Ghost as namely the word of God and the mystery of the kingdome of heaven as saith the glosse of Saint Ambrose upon that place of the Apostle to the Corinthians If we have sowne unto you spirituall things is it a great thing if we shall reape your carnall things The reasons hereof are set downe in holy Scripture That the kingdome of Iesus Christ whose imitators the Clergie men are is not of this world That he conveyed himself away when he knew they wold have made him king That when he was desired to be judge concerning the division of an inheritance he said he was not made Iudge nor dividour betwixt them That he commanded to give to Cesar the things which are Cesars That himselfe would pay custome money and cause Saint Peter to pay it likewise That hee submitted himselfe to the jurisdiction of Pilate who was Iudge in Iudea in stead of the Emperour and declared that the power of judging him was given unto him from above That he said to his Apostles That Kings exercise Lordship over them and they that exercise an authoritie upon them are called Benefactors but ye shal not be so The Apostles have said that Clergie men ought not to intermeddle with the affaires of this world have commanded that every creature without exception should obey Princes and secular powers and honour the Magistrate as ordain'd by God Saint Paul appealed to Cesar and acknowledged him for his Iudge Saint Ambrose expounding that passage of the Apostle to Titus he admonisheth them to bee subject to Princes and Magistrates that is saith he Although thou have the spirituall Empire to command in that which is spirituall yet notwithstanding he adviseth them to be subject to Kings Princes heads and their Magistrates because the Christian religion deprives no man of his right 4 Saint Austin in his commentarie upon the same place shewes how the Church doth not attempt any thing upon the lawes of secular Princes For feare saith he lest the name of God bee blasphemed as invading that which belongs unto another and lest it should be thought that the doctrine of Christianity as injust did preach any thing against the civill lawes Saint Chrysostome saith That in the Church we should betake our selves to well doing freely and willingly not by constraint Because as hee addes the lawes have not given us any such power as that wee should punish mens offences by authority â—f a judiciall sentence Saint Bernard speaking to Pope Eugenius the fourth Which power and dignity seemes greater to you that of remitting sinnes or dividing inhâ—â—itance low and terrestriall matters have Kings and Princes of the earth for their Iudges Why doe you incroach upon another mans bounds 5 Claudius Espenseus a Sorbon Doctor proves by many good authorities that Clergie men are subject to secular Princes and owe all honour unto them as to their Lords We will here set downe a piece of it The Aposâ—le saith he conforming himselfe to the patterne and answer of our Saviour instructeth beleevers to be subject to the powers and priviledges of this world Thomas Aquinas hath observed that such admonitions were necessary at that time first to remove the errour of the Iewes who beleeved that they ought not to obey the commandements of men In the second place that they might not make any disturbance in the Church Which some troublesome fellowes not observing it is a wonder to see the hubbubâ— which they have raised on both sides by the controversie which they have moved betwixt the Kingdome and the Priesthood There went many hundred yeares after Saint Paul before this filthy Camarina Chrysostome never suspecting that any such thing would come to passe did simply expound those words Every soule Though saith he thou be an Apostle an Evangelist a Prophet a Priest or a Monke And his interpretation was followed by Theodoret Theophylact Oecumenius and other Greeke Authors Gregorie the first caâ—â—ed the
Emperour very advantageous to himselfe without forgetting any of the Ecclesiasticall and Papall pretentions leaves him neverthelesse the guidance and government of temporall things for his share When we come to the truth saith he neither the Emperour invades the rights of the Popedome nor the Pope the name of the Emperour forasmuch as Iesus Christ hath so distinguished the functions and offices of either power by their proper acts and severall dignities that Christian Emperours stand in neede of Popes for their eternall life and Popes make use of the Imperiall lawes yet onely in the course of temporall things This Epistle is canonized in two places of Gratians Decree 4 So it is a cleare case that Clergy men were anciently very poore That they lived in common even at Rome for a long time That they got their means and revenewes by the bounty and liberality of secular Princes The ancient Histories yea even their owne bookes doe witnesse as much When the donation of Constantine and that of Lewes the Gentle shal be proved true they will furnish us with a strong argument to convince the Popes that this was the hand from whence they receiv'd their meanes and therefore these are the authors to whom they should acknowledge themselves beholding and not ingratefully say as they doe That such meanes belonged to them That the Emperors â—surp'd them and did no more but restore them 5 The ancient Councels have done thus much respect and honour unto Princes as to intreat them to remove the abuses and correct mischiefes for as much as depended upon them and as concerned their power without proceeding to punishments and corrections without undertaking to ordaine any thing in that kinde themselves by thrusting their sicle into another mans harvest as this of Trent doth 6 The third Councell of Toledo holden in the yeare 589 intreats Reccaved King of Spaine to prohibit the usurpations of his Iudges and Officers which troubled the Bishops servants and other Ecclesiasticall persons by divers impositions The fourth of Toledo holden in the yeare 643 under King Sisenand doth indeed admonish those which have any controversies with potent men and others which invade their rights to come and make their complaint to the Councell but this is to the end that as soone as the wrong done them is understood a course may bee taken for it by the Officer Royall as it is said in expresse termes 7 The Councell of Soissons having made certain Ecclesiasticall lawes wherin they speake of lay men too concludes with this clause If any man chance to transgresse this Decree and to breake or contemne the law which three and twenty Bishops with other Ecclesiastiques and servants of God have enacted with the consent of Prince Pepin or the Counsell of the Peeres of France let him be judged by the same Prince or let him compound the matter with the Bishops oâ— Iudges so as is prescrib'd in the same law every man according to his order The Councell of Mentz holden in the yeare 834 exhorteth Lewes the Gentle to restraine the oppression of poore people but free borne which was inflicted upon them by great and potent men contrary to all justice Our Councell of Trent in all these cases have proceeded by censures and excommunications by confiscations of goods and deprivations of Empires and Kingdomes 8 Now Councels are so farre from having power to ordaine any thing concerning the temporals which belong to lay men as they cannot so much as make lawes for the temporals of the Church The reason is manifest which is because that Clergy men got their possessions by the bountie of Princes at least for the most part that before they had them they were under their Dominion and Empire that for all this changing of their master they doe not lose that which belongs to them Christian Religion saith Saint Ambrose deprives no man of his right Saint Bernard who is quoted and commended by all men in this case speaking to Eugenius the third saith What did the holy Apostle leave you Such as I have I give you saith he And what 's that one thing I know that it is neither silver nor gold for he himselfe sayes Silver nor gold have I none If you chance to have any use it not according to your appetite but for a time And a little after Grant that ye arrogate these things unto your selfe by some other title you can never doe it by the Apostolique right for he could not give what he never had What hee had he gave to wit the charge and care over Churches Did he leave the Dominion too heare himselfe speake Not bearing rule saith he in the Church but being brought under the forme of a flocke 9 Frier Iohn of Paris a Doctour in Divinitie of the order of Predicants who writ about the yeare 1280 in his tract Of the Royall and Papall power I am of opinion saith he that truth it selfe hath made a Medium here namely that it is not utterly impossible that Clergie men have dominion and jurisdiction in temporall matters but yet it belongs not unto them by reason of their profession and as Christs Vicars and the Apostles successours but is convenient for them to have it by the grant and permission of Princes if so be they have bestowed it upon them out of devotion or if they have got it by other meanes And in the eight Chapter he sets downe this conclusion Whence it appeares that seeing Christ as man had no power nor jurisdiction in temporall matters the Priest be what be will hath not received any power over them from Christ in as much as he did not give unto them what he had not in himselfe 10 By reason of this jurisdiction and power which Princes have over Ecclesiasticall goods they may impose taxes subsidies tenths and other charges upon them Marsilius de Padua saith The Bishops of Rome would enjoy temporall matters immoderately and without too much right and yet notwithstanding they will not be subject to the lawes and edicts of Princes and humane Legislators contrary to the doctrine and example of Christ and his Apostles Howbeit for things which belong not unto them when they have them in their power they should rather relinquish them than contest for them He addes further The Bishops of Rome as also all the rest having but small regard to this if they finde themselves grieved at any time by the Roman Emperors in tâ—nths and subsidies and other temporall charges for the maintenance of souldiers then when necessity forceth them to it in stead of acknowledging the courtesies they have received in these temporall matters which these Princes of Rome have liberally imparted unto them puffed up with pride and ignorance of their owne condition more ingratefull than the most ingratefull that ever were out of an unbridled presumption they fall into horrible blasphemies and cursings as well against the Princes as against such
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
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
the second table of the Decalogue which concernes our neighbour and not of the first also which concernes God and the Church Secular Princes have got the higher degree of power in the Church therby to fortifie Ecclesiasticall discipline that they may command with terrour what the Clergy cannot doe by their bare word and the heavenly Kingdome may bee advanced by the earthly According hereunto wee may affirme that the great schismes and divisions which have dismembred all the Church in these later daies have beene appeased and accorded especially by the authoritie of Kings and Princes 12 The Emperour Henry the third seeing the abuse which was at Rome by meanes of the creation of three Popes to wit Bennet the ninth Sylvester the third and Gregorie the sixth yea of a fourth too namely Gratian who had drawne over the rest by briberie presently made thitherwards and called a Councell and made them bee dismissed and another substituted in their stead by lawfull election Frederick the first to remove the schisme betwixt the two Popes Victor and Alexander the third By the counsell and advice of his Princes saith Radenicus resolved with himself to take care that neither the state of the Church nor the Common-wealth of the Empire should receive any damage thereby And hearing that both of them had beene elected consecrated Bishops and that the one had excommunicated the other he thought that this difference could not bee determined but by a Councell Hee therefore called one after the example of the ancient Emperors and summoned both the parties to it caused one to be condemned for not appearing to wit Alexander and the other to bee confirmed as lawfully elect As soone as the Emperor Sigismund was preferr'd to the Empire saith the German Chronicle he put on this resolution not to spare any paines for the pacifying of the Church which was then miserably rent with divers factions more like a most confused Chaos than a Congregation of faithfull men and Saints of God Hee sent certaine Ambassadours to the Popes and to the Bishops to compose the affaires of the Church and make an agreement betwixt the Popes Which hee did so well that notwithstanding the collusion which was between them and all the Legierdemaine the Councell of Constance was celebrated where all those Popes which were no lesse than three in number were deposed namely Iohn the 23 Gregory the 12 and Bennet the 13 and Martin the 5 was chosen in their place 13 The same Emperour together with other Christian Princes did oppose Eugenius the fourth about a translation of the Councell of Basil which hee would have made and they caused it to continue in such sort that hee himselfe was there deposed The Emperour Maximilian and King Lewes the twelfth proceeded to the convocation of the second Councell of Pisa to reforme such disorders as were in the Church seeing that Iulius the second made no reckoning of them The Emperour in his command saith among other things That the Pope and Cardinals not performing their dutie in this particular hee would not doe as they did for feare lest God should accuse him of negligence inasmuch â—s they behaving themselves negligently herein we saith he as Emperour Protectour and defender of the holy mother Church are bound forasmuch as lies in our power to relieve so great necessities King Lewes sent out a commandement of the like nature which beginnes thus Be it knowne unto all and every man present and to come that as our ancestours have alwaies beene not only favourers and assistants but also most vigilant champions most good and constant defenders of the Christian faith and the holy Roman Church in all matters of importance without sparing any paines or dangerâ— we following the steps of our predecessours considering what great profit generall Councels have brought to the Christian Common-wealth and what damage the Church Catholique hath received by the intermission of them and the grâ—at necessitie which there is at this present to assemble a Councel of the Church Catholique for the rooting out of heresies schismes and factions in divers parts of the world for the reformation of manners in the Church and punishment of crimes which are too notorious too lasting and incorrigible both in the head and members to establish the peace of Christians to discharge our selves of our dutie towards God Wee have deputed our well-beloved and trustie Mr. Iohn de Biragua Chancellour of our Exchequer for the Dutchie of Millain Balthasar Plat another of the Proctourâ— of our Exchequer to signifie and assemble a generall Councell in our name or together with our welbeloved brother Maximilian the most sacrâ—d Emperour c. 14 This is not the first time that our Kings have travailed aboâ—t the Convocation of Generall Councels Charles the sixth bestirr'd himselfe to remove the schisme which was betwixt Bennet the thirteenth and Boniface the ninth and to dispose all the Princes of Christendome for the same designe according to the testimonie of an English Historian Hee heard with patience saith he the Legats of either Pope but by the advice of his devines hee would not submit himselfe neither to the one nor the other Hee rather thought upon a meanes whereby hee might relieve the Church by removing out of her all matter of dissention Having therefore sent his Ambassadours to the Emperour whose authoritie faith and affection ought to surpasâ—e that of other men as also to the Kings of England Bohemia and Hungaria he conjured them not to bee wanting to the publique good and tranquillitie All men of any judgement doe well know that the peace of the Church must come out of this quarter This may bee done when it shall please the divine bountie to touch the heart of our Soveraigne Prince who hath greater meanes than any other to acquire this honour God hath made him peaceable that so he may procure this good to Christendome O great Prince hearken to the complaints which your Vniversitie of Paris addressed to King Charles the sixth one of your Predecessours and apply them to your selfe 15 Indeavour for this peace and for the safetie of your foster mother the Church and imploy to that end most Christian Prince all your strength as you have begunne to doe cure this maladie looke upon her which is desolate have pitie upon her which is oppressed relieve her which is undeservedly dejected stretch forth your helping hand to her which is extreamelie weake and which is not able to rise out of her bed Doe not deferre any longer to hear her which implores your aid with continual sighs and plaints and groanes Preferre this before all care of temporall things how profitable and usefull soever they bee This onely businesse ought to bee preferr'd before all others inasmuch as all others will have a more happie successe by reason of this and the honour of your Kingdome which you have got by your ancestours shall bee preserved unto you and to
this Realme O that you would remember that you alone doe not beare the title of most Christian in vaine but because that your ancestours did ever succour the Church in all her necessities above all others Loose not this priviledge this so noble and magnificent title Doe not suffer any man to take this honour from you Doe not suffer your selfe to bee outvied in it Defend your right your name your honor let the hopes of al Catholiques and your brethren in Christ move you which in this matter depends totally upon your person for both all Catholique Princes and all others doe waite upon your hand in this affaire as upon him to whom it does belong most of right of custome of power and other respects Let the renowned and immortall praise of the thing it selfe move you to erect a perpetuall monument of your name in the hearts and mouths of all men 16 A German Devine Provost of the Church of Worms made a petition and exhortation almost like the former which hee exhibited to one of our Kings whether it was to the former or no I know not but at least thus much wee know hee was of the same name For in an Epistle which bears this inscription in the front De Schismate epistola Conradi ad Regem Carolum ad faciendam Synodum towards the end thereof he bespeaks him in these words Now I will addresse the last part of my rude language to you most devout and most Christian King of France Being such and so great as you are set your minde O Prince upon such things as belong to Princes so shall you bee above the Heads What will you thinke upon then surely upon this that peace may bee made by your Prowesse You thinke upon this that you are a King thinke also that if you would reigâ—e long in happinesse it is written of you The King which sits upon the seat of justice â—â—th disperse all evill Let no man seduce you by vaine words Honour and fulfill your ministerie But how Certes that such as are farre off and such as are neare may both have peace by your meanes that the rents of holy mother Church may be sowed up by you I say the coÌ„mon mother both of you and us who hath fed you with her brests from whose mouth you have received the honey of regeneration and the milke of Christian doctrine a streame of bloud springing from the side of her spouse who was stretched out for you upon the tree of the crosse hath adorned your cheeks And therefore her cause is yours her wrong is your wrong Arise O Prince arise up against it build a wall for the house of Israel and fight And afterwards hee addes Above all things you must strive for this O glorious King and long after it with all your heart and labour for it with all your might that there may bee a Generall Councell called at which without the effusion of bloud by the grace of God all things may be reduced to peace and concord 17 Now this Prince whether it was Charles the sixt or the seventh for it must be one of the two put his hand to the reformation of the Church prettie handsomly For under the first there was a kinde of neutralitie made in such sort that there was no acknowledging of Popes in France there were also many goodly Ordinances set out against the abuses of Popes and of the Court of Rome the Councell of Constance was held also under him where the power of the Pope which was formerly without either beginning or end as they use to say was confined within certaine boundâ— and limits To which Councell he did contribute his Ambassadors and many learned Devines among the rest the great Cardinall of Cambray Mr. Iohn Gerson as also the Vniversitie of Paris which had no meane authoritie there as we collect from the Acts themselves Vnder the other were holden the Councels of Pavie Siena and that famous one of Basil which made some strong assaults to moderate that unbridled power of Popes The Pragmatique Sanction was then also set out in this Kingdome the most usefull and most commendable Ordinance that ever was made in France which hath beene since the butt against which the moderne Popes have levell'd all their curses having lopt it so neare that there remaines nothing but the trunke which they never yet knew how to reverse namely that Decree which containes the authoritie of a Councell above the Pope and another concerning Annats 18 The Emperour Charles the fifth and Charles the ninth King of France have sufficiently shewed what power they had in the Church considering that during the time of the Councell of Trent they endeavoured to compose the differences which were in their Empire and Kingdomes concerning point of Religion They made things be disputed in divers Imperiall Diets and at the conference of Poissy They made Ecclesiasticall lawes as namely that of the Interim for Germanie the Ordinances of Orleans and Moulins for France where there are good rules for Church discipline And the late King Henry the third did more yet in establishing Edicts which derogate from the Decrees of the Councell it selfe CHAP. VI. That Emperours and Kings have in all ages made some Lawes concerning Ecclesiasticall politie and discipline and that they had power so to doe 1 HEE should shew himselfe a meere ignorant in law that would deny that Christian Kings and Emperours have at all times made lawes for the politie government and discipline Ecclesiasticall For proofe whereof he need but reade the sixteenth booke of the Code of Theodosius the first of Iustinians the novell Constitutions of Theodosiâ—â— Valentinian and other Emperors which are put after the same Code of Theodosius those of Iustinian and his Edicts those of Leo and the other Emperours which ruled the Empire after Iustinian some whereof are added in the late impressions of the body of the Civill Law and other some are to be found in the Ius orientale de Benefidius and in the booke intitled Ius Graeco-Romanum As also the Capitulary of Charles the Great with divers other Ordinances of our Kings of France made about this particular which may bee read in the Collections of them From which it will appeare that there is no part of Ecclesiasticall discipline which hath not beene managed regulated reform'd and purged by them as need required 2 Well fare Doctor Espenseus who when he is speaking of this Royall power and shaping an answer even to those that doe Princes so much honour as to make them meere executioners of the Decrees of Clergie men not having any authoritie to enter into the cognizance of the cause If Princes saith he must not meddle with sacred things to what purpose are there so many lawes and Imperiall Constitutions about Ecclesiasticall matters in the Code the Novels and the Authentiques Why so many Royall Edicts and Decrees of Senates extant in the Annals of all Christians
I know what the matter is when the fires were kindled over all France to burn them all alive Religion was then a case Royal. But when the question is about a necessary reformation of the Clergie or Monkery or sending Pastours home to their flocks this is a case Synodicall or Papall For as I remember I have heard some distinguish so and those eveâ—â—â—â—hops themselver As if Princes were no more but miâ—isters of another zeal ofttimes indiscreet and without knowledge that I say not executioners of cruelty and not rather Guardians Protectours and externall defendours of all the constitutions of the Church as her children 3 But let us here shew by good examples and sufficient testimonies in what fashion Secular Princes have medled with such things as concern the Church The first lesson which God gives the King which would bee established over his people is this It shall bee when he sitteth upon the throne of his Kingdome that hee shall write him a copy of this law in a booke out of that which is before the Priests and the Levits And it shall be with him and hee shall read therein all the dayes of his life that he may learne to feare the Lord his God to keepe all the words of this law and these Statutes to do them According hereunto the Lord speaks thus to Ioshua whom he had chosen to be the governour of his people after Moses This booke of the law shall not depart out of thy mouth but thou shalt meditate therein day and night that thou mayest observe to doe according to all that is written therein 4 Let us now see how these Kings and Governours behaved themselves in the ancient Church and the power which they tooke upon them without rebuke or to speake more properly with approbation David gathered together all the Princes of Israel with the Priests and the Levits Of which twenty and foure thousand were chosen to set forward the worke of the house of the Lord and six thousand were Officers and Iudges Moreover foure thousand were Porters and foure thousand praised the Lord with instruments which hee made to praise therewith And David divided them into courses among the sons of Levi. And a litle after And Aaron was separated that he should sanctifie the most holy things he and his sons for ever to burne incense before the Lord to minister unto him and to blesse his name for ever All this concernes the discipline of the Church and yet all was done by the conduct and command of David King Solomon built the Temple of the Lord in Ierusalem by the speciall appointment of God The son that shall bee borne to thee shall bee a man of rest Hee shall build an house for my name David would have built the temple himself but he was forbid by the Lord because he had shed bloud King Ioash repaired it afterwards And it came to passe after this that Ioash was aminded to repaire the house of the Lord. And he gathered together the Priests and the Levites and commanded them to goe out unto the Cities of Iudah and gather out of all Israel money to repaire the house of the Lord from year to year And when the Levites hastened not the King called for Iohoiadah the chief and said unto him Why hast thou not required of the Levites to bring out of Iudah and out of Ierusalem the collection And at the Kings commandement they made a chest into which every man brought his share and portion that Moses had laid upon them This money was brought unto the King and distributed by him and the high Priest amongst those that wrought about the temple 5 The Emperour Charlemaigne who was as great in Ecclesiasticall policie as in feats of armes speaks on this wise to the Clergy of his Empire in the preface of his Capitulary We have sent our Deputies unto you to the intent that they by our authoritie may together with you correct what shall stand in need of correction We have also added certaine Chapters of Canonicall ordinances such as we thought to bee most necessarie for you Let no man I entreat you thinke or censure this pious admonition for presumptuous whereby wee force our selves to correct what is amisse to cut off what is superfluous and briefly to compact what is good But rather let everie man receive it with a well-willing minde of charitie For wee have read in the booke of Kings how Ioas endevoured to restore the Kingdome which God had given him 〈◊〉 â—he service of the true God by going about it by correcting and admonishing it 6 Wee have elsewhere said that he discoursed himselfe about points of divinitie at the Councel of Francfort Nor doe wee ever finde so many Synods holden as in his reigne and all by his command which is a faire prâ—siâ—ent for his successors By his command saith Regino there were Councels celebrated in all parts of France by the Bishops about the state of the Church One was held at Mentz another at Rhemes a third at Tours a fourth at Cavaillon a fift at Arles and the severall Constitutions which were made in every one of them were confirmed by the Emperour Besides these five which were held in the yeare 813 namely but one yeare before his decease hee called one at Worms the year 770. One at Valentia in 771. Another at Worms in 772. Another at Genes the yeare 773. Another at a place called Duria in 775. Another at Cullen 782. A third at Wormsâ— 787. Another at a place called Ingeluheym the yeare 788. And a Generall one consisting of all the Westerne Churches at Francfort the yeare 794. Besides others which may be observed out of histories 7 See now then how Kings have a commanding power over the Clergy how they make Ordinances about such things as concerne Ecclesiastical discipline how they ingage themselves in such matters above all others yet not so as to minister in the Church to offer incense or such like For this belongs properly to the Church and cannot bee taken from them This is the reason why King Hezekiah speaks thus to the Priests and Levites when hee exhorts them to doe their dutie My sons be not now negligent for the Lord hath chosen you to stand before him to serve him and that you should minister unto him and burne incense Hee calls them sons or children that wee may observe so much by the way whereas our Canon law on the contrary saith that Bishops are the fathers and masters of Kings and Princes as wee have â—eene already It is not lawfull for Princes so much as to touch this mysterie and this is the reason why King Vzziah was smitten with a leprosie because hee had taken upon him to offer incense upon the altar and the Priests withstood him From whence our Popes make a wonderous â—â—range consequence when they concluâ—e from hence that Kings and Emperours cannot
in any sort meddle with any thing that concernes the Church save only so farre forth as they are commanded by them Pope Paul the third serves himselfe of this instance against the Emperour Charles the fift being vexed at some Decrees which were maâ—e concerning Protestants at the Imperiall Diet of Spire ann 1544. Vzziah saith hee was an excellent King and yet for all that became a leper God so punishing his presumption because hee would have burnt incense upon the Altar It is a worke well pleasing to God to have a care of his Churches but that is the Priests office not yours but it belongs especicially to mee to whom God hath given the power of binding and loosing The Kings of these daies must â—ot meddle with the administration of the Sacraments the performing of Ceremonies the preaching of the word nor other such Ecclesiasticall offices But for the ordaining and making of Ceremonies for the reformation of abuses the extirpation of schismes and heresies the politie of the Church and such like things they both may and must look to them and have alwaies done so either by having a hand in them themselves or commanding them to bee done or by confirming the lawes and statutes and ordinances concerning them 8 Wee will here observe by the way that the Emperour the Kings of England and France have a more particular right and priviledge in the Church than others by reason of their Vnction at least if wee take Balsamon the Patriarch of Antioch his words for it who commenting upon the 69 Chapter of the Councell in Trullo saith The Orthodox Emperours that promote the Patriarchs with invocation of the blessed Trinitie and are the anointed of the Lord goe in to the blessed altar when they please and offer incense and imprint the character with a triple wax aswel as Prelates doe yea they teach the people to instruct them And he afterwards adds Forasmuch as hee that is now Emperour is also the Lords anoynted by reason of the Chrisme that is of the unction of the Kingdome and that Christ our God is reckoned for a Priest aswell as others hee is also justly endowed with priestly graces Some are of opinion thâ—t this is the reason that our King of France receives the holy communion under both kinds that hee is served by those Clergy men which are most eminent in dignitie as the Archbishop Cardinals as when the kisse of peace is to bee given in the Church they must bring it him or for saying grace at his table and such like â—ut let us hold on our former course 9 One of the greatest arguments wee have to justifie this power is that Councels themselves have confessed it and have recommended such constitutions to our observation The sixt Generall Synod called in Trullo declares That they obseâ—ve the Canon which was made by their predecessours which sayes thus If any citie by the Emperours power have beene made anew or hereafter shall bee made let the order of things Ecclesiasticall conforme unto the order of Civill and Politique affaires Where Balsamon the Patriarch makes this exposition This present Canon doth ordaine that such cities as are preferr'd by the Imperiall power or hereafter shall bee preferred be honoured by the Churches in such sort as the Emperours commanâ— shall prescribe That is bee accounted Episcopall or Metropolitan Sees For it is fitting the Ecclesiasticall order follow the Civill command We say likewise that by this present Canon the Emperour hath power to erect new Bishopriques and preferre others to the dignitie of Metropolitans and set a forme for the election to them and other administration of them so as hee shall thinke good According hereunto the Primacy of the Church was conferr'd upon Boniface the fourth by the Emperour Phocas He obtained of the Emperour Phocas saith Martinus Polonus that the Church of the Apostle Saint Peter should be the head of all Churches because that of Constantinople did pretend to be the chiefe 10 The Popes have beene so well pleased to receive this Primacy at the hands of Princes that they have even made Constantine the Great speak of it in the fabulous instrument of his donation And giving over that they bragge That the Church of Rome erects Patriarchships Primacies of Metropolitans Bishops Seates and the dignities of all orders of Churches For these are Pope Nicholas the second his own words in his Epistle which he writ to the Milanois which is recorded in the great Decree Which the later Popes kâ—ew well how to practise insomuch that Pope Iohn the twenty second made horrible alterations in our France within a litle time For he erected the Church of Tholouse to an Archbishoprique divided the Diocese of Tholouse into six Bishopriques the Bishops whereof should bee Suffragans to the Archbishop of Tholouse and turned six Villages into Cities to wit Montauban Rieux Lombez Abbey St. Papoul Lavaur and Mirepoix lodging the Bishops in them and erecting the Episcopall Seats there assigning to every oâ—e his proper Diocese He created two Bishopriques within the Archbishoprique of Narbon the first at Limoux whose seat hee translated to Alet not â—â—ng after the second in the Abbey of Saint Pons setting out their Dioceses Hee divided also the Bishoprique of Alby into two and created one at Castres Hee erected divers others besides which are reckoned up in particular â—y the authour of the continuation to Martinus Polonus from whence I borrowed the former passage verbatim But let us returne to our former discourse 11 A certaine Councell of Paris holden under Lewes the Gentle saith that the Church approves and observes a constitution made by the Emperour Iustinian concerning excommunication As concerning unlawfull excoâ—munication saith it the law of the Catholique Emperour Iustinian which the Catholique Church doth observe and approve hath ordained that no Priest shall excommunicate any man till such time as the cause be proved for which the Ecclesiasticall Canons doe command it to bee inflicted This very constitution on Iustinian hath beene followed and allowed by our Popes as they themselves doe testifie in their Books and the addition made unto it by the Glosse is remarkable So for a long time about eight hundred yeares the Emperours made laws concerning Ecclesiasticall persons and affaires and the Church obeyed them This Glosse was afterwards put out because it told too much 12 At the Councell of Meaux held in the yeare 945 it is said That the Capitulary lawes concerning the Church which were made and set out by the great Emperour Charlâ—maine and by the Emperour Lewes be strictly observed as 't is knowne that lawes should bee observed The same Councell intreats King Charles the younger To grant the Bishops a freer libertie for the execution of their ministeries in their Parishes The same Charles the Great had ordained in his Capitulary That to every Church there should bee given onely one entire Manour without any other
to the contempt of God and prejudice of Princes doe excommunicate as well Lay men as Clerks and deprive them of the Sacraments of the Church because they are either negligent or insufficient to discharge some pecuniarie debts to the paiment whereof within a certaine time they stood civilly bound 14 The Cardinall of Cambray when hee speaks of the reformation of the Church in the time of the Councell of Constance puts the multitude of excommunications among the number of such things as stood in need of reformation Which saith he the Church of Rome hath imposed by her penall Constitutions and especially by some new Decretals and have thundred them out by their Collectours to the scandall of many men by whose example other Prelates doe cruelly smite poore people with excommunications without any consideration and that for light matters as for debts which must necessarily bee provided for seeing it is against all right 15 Nicholas de Clemangiis in his tract of the ruine and reparation of the Church Hence saith he â— those anathema's so oft repeated which were noâ— used in the time of our forefathers but very seldome and that in criminall causes and abhominable wickednesse forasmuch as a man is hereby separated from the communion of the faithfull and given up into the power of Satan But at this present they have proceeded so farre as to use them ordinarily for very pettie matters yea when there is no fault at all 16 The Lawes and Constitutions of our Princes are conformable to the ancient Canons and to all these demands In the Capitulary of Charles the Great it is said That excommunications be not often used nor without cause And in the Ordinance of Orleans that there bee no proceeding to them but in case of crime and publique scandall It is true that in another Ordinance made 1571 they are limited by the forme of the ancient Canons But this is still the same considering that by them there is no place for excommunications Save for grievous faults Wherein there is sufficient occasion of complaint against the Councell of Trent which contrary to all antiquity allowes the proceedings to censures and monitions for matters of no moment CHAP. IX Disposall of the goods of Religious persons Purchases made by Mendicants Leases of Ecclesiasticall meanes Commutations of last wills and testaments 1 THis Councell would furthermore have all the goods which shal be purchased by religious persons after they have maâ—e their profession to bee taken from them and given to their superiour that is to the Abbat or Aâ—besse to be incorporated to the Monastery This derogates from the nineteenth Article of the Oâ—dinance of Orleans where there is one case which ought to have beene excepted Namely when proâ—ession is madâ— before the age of twenty five yeares by males or twenty by maiâ—s for then they may dispose of their portion left them by way of inheritance already fallen unto them or hereafter like to fall either in a direct line or collaterall to the use and bâ—hoofe of such of their kindred as they shall thinke fit and not of the Monastery And to this effect the Ordinance addes we have from henceforth declared them capable of inheriting and making testaments the said profession or any rigour of law or custome to the contrary notwithanding These last words are added by reason of the generall custome of France whereby all religious persons are incapable of inheriting Since that time the Ordinance of Blois alter'd the time of possession and reduc'd it to the age of sixteene yeares yet alwaies retaining the same rule for as much as concernes successions 2 The same Councell hath made two Decrees very unlike one to another By the one It commands all Regulars as well men as women to compose and conforme their life to the rule whereof they make their profession as the particular vow of Obedience poverty and chastity By the other It gives leave to Mendicants except the Fryers of St. Francis the Capuchins and Fryers Minorites to possesse immoveable goods even to such as are prohibited by their Orders According hereunto the States holden at Blois in the yeare 1576 Vpon the eighteenth of December came a Iacobin to preferre a petitionâ— that according to the Councell of Trent Mendicants might be allowed to possesse immoveables but it was answered they would advise upon his petition by making a generall order for it 3 It is a long time since they procured Bulls from Rome derogatory to their first rules and institutions which they call Mare Magnum but they were never received in France One of our French Doctours prayes to God that hee would take care that this great Sea become not the devils pond The goodliest possessions are at this day in the hands of the Clergy and that in such abundance that some great Doctours have beene of opinion that they ought to bee taken from them And in very truth if they may be allowed to purchase there is no doubt but within a very little time the Clergy wil get all into their hands and will have all the layitie onely for renters and farmers of their goods Howsoever notwithstanding all their dispensations they have in France beene alwayes kept to their ancient abstinence And of this matter there is an Arrest of the Parliament of Paris in the Collection of Gallus given out upon the Vigils of our Lady 1385 against the foure Orders of Mendicants wherein it was said that the Provost of Paris did ill to judge as he did who had condemn'd the heires of Isabel de Bolayo to pay twenty pound Paris of yearely rent to every one of the said Orders to bee received by the said Mendicants for certaine houses in Paris which she had given them to have and to hold for them and their successours for ever Their suit was declared irreceivable into the Court and they condemned to pay charges Gallus gives this reason Because such Donation was contrary to the substance of their Order I have an ancient copie of the Arrests of this Parliament concerning the King and the temporall justice where the fact is related otherwise yet so as the substance is much alike Betwixt the Fryers Mendicants plaintiffes of the one partie and Isabel de Palais inheretrix of Ioan Paumer defendresse on the other party By an Arrest of the Court it was said that the Provost of Paris had not judged right and the said Isabel did well to appeale for as much as he had condemned her to pay and to deliver to each of the said two orders namely the Predicants and the Carmelites twenty pound rent given to them by legacy together with the Improvements and arrerages which should be raised of it and the charges And had determin'd the contrary for the other two Orders because they had not exhibited their titles And it was said by the same Arrest that the said Mendicants ought not to be admitted in the suit which