those as answere these to whose graver judgements hee submits both himselfe and these his weake endeavours in a modest confidence of their candid interpretation AN ADVERTISEMENT to the READER prefixed before the FRENCH Copie THis Booke is not for those that have made separation in point of Religion but for such good Catholiques as desire to see an holy reformation of it Here you shall finde the demands that were put up to that end at the Councell of Trent by the Emperour the King of France and other Catholique Princes not Protestants and the small regard that was had of satisfying them Here you shall read the tricks that were used both in this and some precedent Councels to wave that reformation which was so earnestly sought after and withall you shall understand a good many of the points wherein it consisteth The method which the Authour hath used may bee set downe in few words Hee makes two kinds of nullities one in the forme and manner of proceeding which he delivers in the first Book the other in the matter And these later consist either in denyal of justice which is handled in the second Book Or in the injustice of the Decrees themselves concerning which he sets downe two maxims The first that they advance the Pope to an unlawfull power stripping Councels Clergy yea Kings and Princes of that authoritie which belongs unto them to transferre it upon the Pope and this is proved in the third fourth fifth and sixt Books The second that they pull downe the honour and authoritie of Christian Princes and Secular powers which is treated of in the last Book See here the subject wherein many learned men both Devines and Lawyers have travailed long agoe before the names of Luther and Calvin and such as embrace their doctrine were ever heard of which doctrine is not here defended nor shall you find any thing that concernes them in particular The ancient liberties of the Church are represented here in divers passages the very same with those that carry now the name of the Gallicane Church whither they made their retreat when they were chased out every where else yet not without danger of being lost and that not in part but in whole by a blow from Trent VVhich would plunge us again into those miseries wherof our Ancestors begun to bee sensible long agoe which they have left unto us by tale upon record in the ancient Histories and Edicts of our Kings the Rolles of the States General the Remonstrances of the Courts of Parliament and many other ancient Monuments Nor doth it lesse concerne the interest of our Soveraigne Lord the King whose honour and dignitie are shamefully disgraced his authoritie vilified his power rebated with a generall prejudice to all the French who in particular are egregiously wronged in divers things as may be fully knowne from this discourse You must further observe that the Authour was not willing to meddle with what properly concernes divinitie as unwilling to transgresse the bounds of his profession or speake any thing upon this occasion of those demands which were made by Catholique Princes in this Councell touching the reformation of abuses about Images Pilgrimages Reliques of Saints keeping of Holy dayes convenience of the marriage of Priests Communion in both kinds celebration of divine service in a vulgar tongue and such like contenting himselfe with a bare mention of those demands and no more A SVMMARY OF The Chapters BOOKE I. Chap. I. Pag. 1. 1 THe many abuses of the Pope and Court of Rome The occasion of calling this Councell How the Popes sought meanes to decline it How politiquely they carried themselves in it in the election of thâ place admittance of persons and passing of Decrees The great account they make of it 2 No noââlây ãâã oppose the Pope or a Councell Ancient bickerings of Popes with the Emperours of Germany With the Kings of England 3. c. With the Kings of France 8 Where the Kings were assisted by the Parliaments Vniversities Devines Lawyers Prelates and other Clergie both severall and in Councell 9 10 Councels against Popes 13 Harsh letters to Pope Nicholas 14 15 Councels suborn'd by Popes against Princes 16 The Councell of Ferrara or Florence not admitted at all in France 17 That of Basil but in part That of Lateran totally rejected The Councell of Trent more usurping than any than all these Chap. II. p. 12. 1 SEverall instances made to the Kings of France for the receiving of this Councell but still rejected As to Charles the ninth by the Pope the Emperours and other Princes 2 His answer to their demand 4,5 Instances made to Henry the third by the Clergie of France With severall Orations to that purpose 9 His answer to the King of Navar. 13 Hee further importun'd by Provinciall Councels 15 All these instances made by the Popes iâstigation 16,17 Who use to serve themselves of the Clergie against Princes 19 The rejection of this Councell never objected to this King by his accusers 20 Some things ordain'd consonant some things contrary to this Councell Chap. III. p. 20. 1 THe Pope was a party and therefore could not call the Councell nor be judge in his owne cause 2 According to his owne Canon law Besides there were severall Appeales from him put up by Luther the Archbishop of Cullen the Vnivositie of Paris the Protestants of Germany and therefore he was disenabled from being Iudge of the Appeale Chap. IV. p. 21. 1 THat the Pope stood in need of reformation and therefore incapable of being Iudge 2 Confessed by Pope Adrian 3 By the Councels of Constancâ 4 Basil and Pisa. Yet nothing reform'd Chap. V. p. 23. 1 PRotestants were condemned before they were called to the Councell and may therefore justly refuse it 3 The Pope knownly hated them therefore they needed not obey his summons 6,7 An enemie should not be a Iudge Chap. VI. p. 25. 1 WArres on foot in the time of the Councell 2 Complain'd of by the Protestants 3 Confest by the Popes 4 Approved by the Councell 5 As the Parman warre 7 And civill warres of France 10 Whereby many were hindred from going to the Councell 11 And therefore ought not to be prejudiced by their absence 12,13 The Councell question'd whether continued or ended Chap. VII p. 30. 1 DEmands that the Councell might be kept in some free place made by the Germans 5 By the King of England 6 By the King of France 7 As formerly by the Pisan Fathers 8 Their Apologie 10 Trent no free place but subject to the Pope 11 Letters of safe conduct no good security 12 Of what consequence the place hath beene anciently reputed 13 By Pope Iohn the 23. 14 Summons to a place not safe are invalid 15 And have beâne so judg'd by Popes 17 And Canonists 18 Where the place of judgement is not safe there may be an Appeale Chap. VIII p. 36. 1 ALL were not called to this Councell that should have beene 2 Noâ
heads and the Popes Bull represented in their hands and his armes reversed All which was done by the advice of the Princes Lords Prelates and other Ecclesiastiques of his Kingdome together with the Parliament and University of Paris as appeareth by the Acts published concerning this particular Lewes the eleventh to wave the censures of Pius the second made his Atturney generall put in an appeale from that Pope to the next Councell Lewes the twelfth had a defensive warre against Iulius the second upon this occasion He had suspended him by the Councell of Pisa whereupon hee procured a Synod of the Gallicane Church held at Tours in September 1510. to determine against him That it is lawfull for Christian Princes to defend themselves against such Popes as stirre up unjust warres against them and to substract their obedience from them The Parliaments of this Kingdome and namely that of Paris have alwaies engaged their authority for the justice of such defence either by way of humble remonstrance made to our Kings who upon the perswasion of some bad Councellors sometimes yeelded too much to the Popes impositions or else by reason of the exigency of their affaires which those cunning fowlers were ever ready to spy out soothed them up in their humour too much or else by cancelling the Popes Bulls in cases of appeales as of abuse or some other way where the Advocates and Atturneyes generall have euer had a faire occasion to shew their strength and abilities in and whence many of them have purchased eternall commendations The famous University of Paris and more especially the learned Sorbon have as it were set bounds and limits to the power of the Popes and made them know their duty they have sleighted their injust Buls and what by their consultations what by their appeales to future Councels they have preserved our liberties and priviledges entire even untill this instant I will not robbe the Clergy of France of the honour they have atchieved nor of the share which is due unto them in all these tropâees What though there were some of that ranke defective in their duty to their Prince out of a timorousnesse which they might have of being disobedient to him whom they accounted their spirituall Head yet there wanted not some of them who stood in little awe of his chafings and thundering The Prelates of France in the Synod of Rhemes held under Hugh Capet made a declaration that the Popes have nothing to doe to usurpe the power and authority of Kings Arnalt Bishop of Orleans maintained in that Synod that the Popes have no power at all over the Bishops of France so as to have any cognizance of cases belonging to them and hee declamed most stoutly against the avarice and corruption of the Court of Rome Gerbert Archbishop of Rhemes and afterwards Pope of Rome in an Epistle of his writ to Seguin Archbishop of Sens saith that Rome approveth such things as are condemned and condemneth such as are approved That saith he which wee say belongs onely to God the Apostle tells us If any preach unto you any other things than those ye have received though it be an Angell from heaven let him be accursed Must all Bishops burne incense to Iupiter because Pope Marcelline did so I dare boldly say if the Bishop of Rome have offended one of his brethrenâ and will not heare the admonitions of the Church he ought to be accounted as a Heathen and a Publican The Bishops of the Councell of Ments writ yet a little more tartly to Nicholas the first calling his fury tyrannicall his decree injust unreasonable and against the Canon lawes accusing him of rashnesse pride and cousenage and so giving him to know that he had no power over them and that he ought to acknowledge them for his brethren and fellow-Bishops Vrban the second forbade the Bishops of France to crowne Philip whom he had excommunicated but they were readier to obey their Kings commands than his prohibitions as we shall tell you anon The most of those oppositions made by our Kings whereof wee have spoken were abetted by the Prelates and other Ecclesiastiques These latter times afford us as pregnant examples as any of the precedent wherein we have seene the most learned and honourable Prelates of France banded together for the maintenance and defence of their King their rights and liberties of their Countrey and Church of France against a Gregory the fourteenth a Sixtus the fifth and such others as projected the demolition and utter ruine of this State It were too hard a taske to goe about to reckon up the words deeds and writings of the many Prelates and Churchmen of this Kingdome whereby they have many times repulsed the invasions of Rome 12 Suffice it us to say that in the greatest stormes God hath ever raised up men of courage and discretion as many yea more of that order than any other who have rung the alarum sounded the trumpet taken up armes and given our Kings to understand how farre they might exercise their power in spiritualls for the preservation of their rights and liberties 13 Nicholas the first in a Synod of his holden at Rome in the yeer 865. revoked the Decrees of the Councell of Ments pretending that it had attempted to make a divorce betwixt King Lotharius and Thiberg his wife promising withall that he should afterwards marry with Waldrada and this without the authority of the See Apostolique he also deprived of their dignities and excommunicated Theugot Archbishop of Triers and Gunther Archbishop of Cuââen and passed the same sentence of condemnation upon the rest of the Bishops of that Councell in case they did imitate and uphold the former Please you heare his owne words The sentence of deposition which we have denounced against the foresaid Theugot and Gunther and the other chapters made by us and the holy Councell shall be here inserted Yet for all these menaces they caused pretty stout letters to be writ to the Pope in the name of Theugot and Gunther whereby they shewed that they made no great reckoning of his thundering and condemnations though hee had given them a taste of a Councell We doe not receive said they that corrupt sentence which is far from any zeale of equitie injust unreasonable and against the Canon law But together with the whole assembly of our brethren we disregard and reject it as a matter unconscionable and full of wickednesse pronounced in vaine Nor will we communicate with thee who art a favourer of such as are anathematized and cast out despisers of holy Church and dost indeed hold communion with them But we content our selves with communion with the whole Church and that fraternall society which thou proudly misprizest in exalting thy selfe above it and excludest thy selfe from it making thy selfe unworthy of it by an over-haughty advancing thy selfe So that out of an inconsiderate lightnesse thou art strucke with an anathema
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 arâogate 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 Clâmangius 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
as spirituall through the whole world 45 That it belongs to the Pope to correct Kings when they offend seeing that he is the judge of the quicke and the dead in Christs stead 46 That the Pope may correct the Imperiall law by his authority as the divine law doth the humane 47 That the Pope may alter the Imperiall laws according to the diversity of the times if any evident commodity be like to insue upon it 48 That the Pope by reason he hath the Empire of Rome may and ought to reduce the Holy Land under his jurisdiction 49 That the Pope hath the propriety of the Western Empire and the rest of the world in protection and tuition 50 That he may justly make an ordination and decree against infidell Princes although their Countries were never possessed by Christian Princes that they doe not injustly molest the Christians within their dominions 51 That if they evill intreat the Christians he may by his sentence deprive them of that power and jurisdiction which they have over them 52 That he may command the Infidels to receive the Preachers of the Gospel into their territories 53 For ought that I can see the King of China and the great Mogul shall fare no better than Christian Princes unlesse they come very speedily and submit themselves to the Pope He hath met with the Kings of India of Peru Brasile Cuba and all those other âles of the Ocean which were of farre more difficult accesâe than those Kingdomes we speak of Alexander the 6 anno 1493 made a faire deed of gift to Ferdinand King of Aragon of all those poore Barbarians and of all their Countries and Kingdomes although he never knew them nor had they ever offended him Of our meere bounty and certain knowledge and the Plenitude of our power Apostolicall we give grant and by these presents do assigne to you your heirs and successours for ever Kings of Castile and Leon all the Ilands and Continents which have already beene discovered and found out or which hereafter shall be towards the West and South drawing a line thereof from the Artick or NorthâPole to the Antartick or South Pole And we make constitute and appoint you your heirs and successours Lords thereof with full free and absolute power authority and jurisdiction But enough of this for any man may judge by this what will become of the rest 54 So one of their Doctors expounding that passage of sacred writ Give unto Cesar the things that are Cesars saith That was spoken but for a time not for ever that it was to hold only till the ascention of Iesus Christ and afterwards that should come to passe which was spoken When I shall bee lifted up from the earth I will draw all things after mee That is saith this great Rabbin I will recover all the Empires and Kingdomes of the world and will take them from Cesar from Kings and Princes to give them to the Pope See here one of the finest and truest Prophecies that ever was read for he hath more stroke in the Empire and Kingdomes than the Emperours and Kings themselves at least among Christians 55 Wee need not wonder hereafter at the extravagant of Boniface the 8 where he will have it to be necessary to salvation to beleeve that all the faithfull people of Christ are subject to the Pope of Rome that hee hath both the swords that hee judgeth all men and is judged of none Nor of that which hee writ to King Philip the Faire That he was subject to him both in spirituals and temporals Nor at that which a German Historian relateth of him That supposing Kingdomes and Empires to bee in his power he made his brag that hee had two swords Nor at that which before his time Nicholas the first writ to the Milanois That God hath bestowed upon S. Peter and his successours the right both of the Terrestriall and Celestiall Empire Nor at that which Gregory the 7 saith in one of his Buls speaking of himselfe That all the world may understand at last that wee give and take away Empires Kingdomes Principalities and whatsoever mortall men are capable of Nor at that pretence of Clement the 5 in one of his Clementines That without all doubt he hath the command of the Empire who by reason of that power which he hath succeedeth the Emperour in the vacancy of the Empire Nor at that which Clement the 6 pretended that the Empire devolved upon him after the excommunication of Ludovicuâ Bavarus and that upon that occasion he placed Governours in the Cities of Italy following herein the example of his predecessour Iohn the 22â who set forth in his Buls to all the world That he had divided all Italy from the Empire and from the Kingdome of Germany That the Pope is universall Lord not only of things spirituall but also of temporall Nor likewise at this that the Popes have declared all those to bee hereticks who in their writings have defended That Empires and Kingdomes depend not upon the Pope but upon God alone 56 The King of France is deceived if he thinke he is exempted by his Clementine Meruit hee hath to doe with people that know how to expound Scripture that will pick out the sense where all the greatest Doctours of the Sorbon would bee put past their divinity They know well enough how to tell him that he and his Kingdome are onely restored by that Clementine into the state wherein they were before Boniface his Bull that the Realme of France was before that subject to the Popes Dominion by the donation of Constantine That the Pope is Lord and Monarch of the Vniverse that hee hath both the swords a plenitude of power both over temporals and spirituals that the Decrees which bestow this right upon him are confirmed by the Councell of Trent that Pope Zachary deposed Childeric absolved his subjects from the oath of allegeance and bestowed the Realme upon Pepin that this Pope Clement being a French man would have favoured the French but hee could not doe it to the prejudice of St. Peters patrimony that hee trembles yet at the fright which Nogaret put his predecessour into And wheras it is conceived that some such promise was extorted from him and some obligation which bound him so to doe upon condition hee were made Pope they will urge the example of the Emperour Henry the 5. whom the Councels of Lateran and Vienna caused to give up his investitures notwithstanding the dispensation which Paschal the second had granted unto him in that behalfe yea and the examples of our owne Kingsâ whom Benedict the 13 Iulius the 2 Gregory the 14 and Sixtus the 5 did not sticke to excommunicate for all their priviledges 37 Besides the Councell of Trent being allowed which gives all power to the Popedome even over Councels it must belong to the Pope to dispose of
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 tâe 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 âine 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 Mâlune 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 1â68 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
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
into speciall recommendation Reverend Father in God we beseech the blessed Sonne of God to grant you your desire Written at Paris in the Parliament under the seale thereof the seventh day of September the men celebrating the Kings Parliament And this annotation is writ in the margeut Antiquitùs fiebant aliter All this serves to shew the antiquity and possession of this right which we could not but touch upon considering as it seemes that this Councell was resolved to be revenged upon that venerable Senate in hatred of that service which they have ever done to their Prince and whole Realme as oft as there was any danger of their preservation 4 This Counncell hath also gone about to diminish the power of other Parliaments and Courts of justice in France for as much as concernes excommunications ordaining two things which are very prejudiciall to the temâorall justice First That no excommunication nor citation be granted out by the Bishop upon the request or authority of the Magistrate The next That it shall not be lawfull for the secular Magistrate whosoever he be to prohibit or forbid the Ecclesiasticall Iudge to excommunicate any man or charge him to revoke the excommunication by him denounced And that is say they because this cognizance belongs not to Seculars but to Ecclesiastiques This reacheth further than a man would think It is the robbing of Parliaments of the meanes which they have to stop the course of those interdicts and excommunications which are thundered out against the Realme of France by the Popes when they are in their fury to bridle the abuses of the Court of Rome and the Clergy of this Realme who have sometime ventured so farre in thiâ kinde that we could see nothing but confusion and disorder But 't is requisite we treat of these two points distinctly for that which we are about to say concernes properly the later 5 It is an ancient practice of our Iudges Royall in France upon just occasion to grant out monitories against the plaintife or defendant and to decree that they be proceeded against by Ecclesiasticall censures and bâ excommunications Their sentences were wont to bee executed by the Priests and other Churchmen without any difficulty This power of the Iudges Royall was since the celebration of this Councell confirmed by the twenty first article of the Ordinance of Blois see here the words of it For the revelation of which crime the said Bishops together with our Offiâers may cause monitories to be published in all the parishes at such time as they shall thinke proper and fit It is also confirm'd by infinite number of Arrests of Parliaments sent out at severall times which regulate these licences of proceeding by excommunications granted by under Iudges Besides our Practitioners set us downe the very formes of them Emperours and Kings have alwayes had the rule and managing of excommunications and have sometimes used it themselves The lawes of Iustinian Charles the Great Charles the ninth and others which are received even by the Popes themselves and other Clergy men doe fully prove it Now there is no question but the power which they have in this particular they might derive it upon the person of their Officers The Clergy have alwayes suffered the use of this practice It is true that as in other things they have gone about to hooke in unto themselves the whole administration of justice so have they endeavoured to doe the like in this case not directly but obliquely For in proceeding to censures by virtue of the command of the Iudge Royall they have gone about to get the cognizance of the revelations made in consequence of those censures by that meanes robbing the Iudge of his jurisdiction 6 As for the other point where they say that the cognizance of censures belongs not to Secular Iudges the contrary is evident from those reasons which have beene urg'd already whereto wee will adde use and practice It is certaine that in all ages secular Princes their Officers and Magistrates or other their Committees have judged of abuses befalling in excommunications and interdicts have stopped the unjust proceedings of Popes and other Ecclesiastiques have bridled their too bold enterprizes their passionate maledictions The Courts Royall of this Kingdome were wont to grant the courtesie of an absolution by way of caution to the appellant as from abuse whether Clergy man or lay without any prejudice to the right of the parties and compell the Bishop to endure it even by the seizure of his temporals It is one of the liberties of the Gallicane Church By an Arrest of the twelfth of December 1468 granted at the instance of the Kings Atturney generall and Mr. Peter Charres Regent Doctor in Divinity in the Vniversity of Paris it was declared that notwithstanding the interdict which was denounced against the City and Diocesse of Nâvârs by virtue of certaine Buls from the Pope divine service should be there continued and the Churchmen should bee compell'd to doe it by the distraining and seisure of their temporalls By another in 1488 the Bull which at the instance of Maximilian of Austria was thundered out by the Pope against the inhabitants of Gant and Bruges then the King of France his subjects was declared to bee abusive It was necessary the secular Iudges should take knowledge of such fulminations conâidering the abuses were unsufferable 7 They have plaid such reâks with these censures heretofore that there was no case in which they were not us'd right or wrong to the great scandal and vexation of good men By meanes of them the Iudges Royall were totally stripped of their jurisdiction For they were excommunicated because they would have had the cognizance of possession procured by a Lay man for the holding of some of his Lands against a Clergy-man As also for not admitting of an appeal put in to the Ecclesiasticall Iudge from sentence given betwixt Lay men in an action reall or personall nor of an appeal put in from a command of an Arrest granted out against one Lay man at the suit of another for some pecuniary debt For not causing the thing which hee had robb'd or stolne to bee restored to the thief after sentence was pasâed upon it and it adjudg'd to him to whom it belonged after proofe made thereof under colour that hee is a Church-man standing upon this qualitie after judgement had passed upon him For not surrendring up a malefactour affirming himselfe to bee a Clergy-man although hee had neither tonsure nor habit appertaining to a Clerk and hath liv'd as a Lay man all the dayes of his life For not desisting from the cognizance of the cause of a Clerke married or one that trades in Merchandise or intermeddles in such like things For seising upon the goods and lands of a Priest at the suit of a Lay-man 8 Moreover they behaved themselves so towards the Lay judges as to
19 20 c. Their excessive luxury Chap. X. p. 112. 1 OF the unlimited and injust power of Popes 2 3 Given them by their flatterers 5 And admitted by themselves 8 Wherein the plânitude of the Popes power is said to consist 9 How superior to Angels 10 And th'Apostles 12â 13â 14 How deified by his flatterers 15 The adoration of his feet 20 The donation of Constantine 21 22. c. Severall Popish maxims concernâng the Popes supreme authoritie in temporals 30,31 c. Of his transferring the Eâpire and bestowing of Kingdomes 41 Absolving subjectâ from the oath of âllâgeance 52 Power ãâã Infidel Princes 53 Donation of the West Indies 55 Testimonies of Popes for their supremacy 56 The King of France ãâ¦ã how evaded by Popes 57 The Popes usurpations over Kings approved by this Councel 59 The King of France frivolously excepted 60 The ill consequences of the Popes temporall power Chap. XI p. 120. 1 OF the Popes honours How they make Kings their Lacqueyes 2 By their Ceremoniall 3 And have required the actual performance of these services The quarrell with the Emperour Frederick for holding the wrong stirrop 4 For putting his name before the Popes 6 7 Other insolent carriages of Popes towards severall Emperours and Princes 10,11 A draught of the Popes greatnesse 12 Those authours that extend it furthest best encouraged others supprest and purg'd Chap. XII p. 123. 1 POpes opposed in their attempts over Kingdomes and Empires By the Clergy of France 3 4 In their excommunicating and deposing of Emperouâs 5 By the Clergie of Liege 6 The Popes power in temporals spoken against by St Bernard 7,8 c. And divers others 10,12 Opposed by the Nobles of England 13 14 The Nobles and Clergy of France 15 The States of the Empire 16 17 The Canonists 21 23 Devines and Historians 24 25 Princes and Parliaments 26 27 Popes absolving subjects from their allegeance disproved 33 A list of such authours as deny their temporall power Chap. XIII p. 131. 1 A Parallel betwixt Christs humilitie and the Popes ambition 2 The pride of Rome bodes her fall 3 The Court of Rome like the image in Daniel 4 A prophecy of a King of France Chap. XIV p. 134. 1 THe number of Cardinals too great 2 An occasion of many abusesâ 3 Of their prodigious plurality of benefices 4 Their number anciently complain'd of 5 But not reform'd by the Councell BOOKE III. Chap. I. p. 137. 1 THis Councel gives too much to the Pope 23 By allowing them the power of calling it 4 And submitting all the Decrees to him 5 6 And allowing him the power to translate it 7 Popes usurpe the power of calling Councels 8 Or at least of approving them 9 Councels anciently called by Emperours not Popes without either their command or explicite consent Both generall aâ the first of Nice 12 thâ first of Constantinople 13,14 c. Without any command from the Pope proved at large against Bellarmine 18 The first of Ephesus 22 Bellarmines ansâârs refuted 26 The first of Chalcedon 30 The Councel of Sardis Chap. II. p. 145. 2 THe fift Generall Councell at Constantinople called without the Popes consent 3,4 So likewise the sixt 5 And seventh being the second Nicene 6 And eight generall at Constantinople 8,9 c. Fifteen other Councels some ãâ¦ã called by Emperours withoât the Popes ãâã 19 The ãâ¦ã tâ come upon the Empârâurs call 20 That Conââlâ were called by Emperours is confess'd by Popes Chap. III. p. 149 1 EMperors called not Councels by commission from the Pope 2 But Popes were petitioners to them for the holding of them As Liberius to Constantius 3 Celestine to Theodosius 4 5 6 And other Popes to other Emperours 7 8 Which was the common practice of other Bishops 9 Popes sometimes called Councels by commission from the Emperours Chap. IV. p. 151. 1 THat Emperors when they called Councels directed their summons to Popes as well as to other Bishops 5 How in ancient Councels they spoke by interpreters 6 The Popes ignorance in the Greek 7 8 Popes presence at Councels not entreated but commanded as well as others Chap. V. p. 153â 1 DIvers particular Councels called without the Popes presence consent or authority 2 Yet they claime the power of calling them as well as generall 4 Examples of severall Councels called against Popes Chap. VI. p. 154. 1 THat notwithstanding all these authorities the Popes arrogate to themselves the power of calling Councels 2,3 Their testimones answered 4 Generall Councels should not be held unlesse the Pope be called to them 5,6,7 That priviledge common to him with other Patriarchs 11 The old Canon upon which the Popes build their authoritie examin'd Whether one of the Apostles 12 Whether confirm'd by the Nicene Councel 13 Ancient esteeme of the Bishop of Rome 14 Or at Alexandria 16 17 Spurious Canons and testimonies imposed upon ancient Popes 18 Ancient practice contradicts that pretended Canon 20 How long it is since Popes first tooke upon them to call Councels 21 Emperours called some since that 23 Popes may call Provinciall Councels within their owne Diocese Their particular Diocese of what extent 26 As may other Patriarchs 27 Whether a Generall Councell be now possible if not called by the Pope Chap. VII p. 161. 1 POwer of calling Provinciall Councels given by the Councel of Trent to the Popes 2 Which anciently belonged to Kings and Princes 3 Proved to belong to the Kings of France in France 4 5 A particular enumeration of above forty nationall Councels called by command of the Kings of France 18 Of others by their consent and approbation 19 Councels called by the Kings of England within their dominions 20 Many others by the Kings of Spaine Chap. VIII p. 167. 1 THat it belongs to the Emperors and Kings to appoint the place where Councels shâll be held and not the Pope 2 Proved by examples of Emperours and petitions of Popes 4 That Princes also prescribe the time when Councels shall be holden Chap. IX p. 169. 1 THat the power of prorogueing translating and dissolving Councels belongs to Emperours and Kings and not to the Pope 2 3 That power used by the ancient 6 Challenged by late Emperours Chap. X. p. 170. 1 THat it belongs to Emperours and Kings to prescribe what persons shall bââ admitted in Councels 2 And what matters shall bee handled in the ââ 3 And in what manner 7 And forme Chap. XI p. 173. 1 THat the Presidence in Generall Councels belongs not to the Pope exclusively but to Emperours as also the judgement in them That Constantine was President of the Nicene Councel Reasons to the contrary answer'd Athanaâius his testimony censured 3 How Princes may fitly use their authority in Councels 5 Who presided in the second Councel of Ephesus 6 Zonaras and Evagrius misalledg'd by Bellarmine 7. The Emperour appointed Iudges in the Councel of Chalcedon 8 Which were not the Popes Legates 8 9 c. Arguments to the contrary
answered at large 20 22 The Presidents in the fifth 23 And sixt General Councels appointed by Emperours 24 25 Not by the Pope 31 Emperours not bare spectators in Councels nor mere executioners of their Decrees 32 As the Councel of Trent makes them Chap. XII p. 182. 1 THat the Pope hath no concurrent right to preside in Councels with the Emperours 2 Bellarmines reasons to prove the Popes Presidence in the Councel of Nice answer'd 3 Whether Hosius were President there 4 That the Pope presided not in the second Generall Councell 6 Nor in the third 7 In what nature Cyril of Alexandria presided there 8 Nor fourth 9 Nor could he have presided in the fift if he would What is meant by Prince in a Councel 10 The Popes carriage concludes his pretended presidence 11 The Pope no President in the sixt Councel 12 The seventh eighth uncertaine 13 The Popes presided in the eight Generall Councel 14 Yet doth not that destroy the Emperours right 15 As some Popes have given out Chap. XIII p. 188. 1 THat the Presidence in nationall Counâels belongs to Kings and Princes 2 3 c Proved by sundrie examplââ of the Kings of France 11 Englandâ 12 And Spaine 13 Princes did not alwaies exercise this power Chap. XIV p. 191. 1 THe power of authorising Councels given to the Pope by the Trent Councell 4 How generall Councels were anciently promulgated and authorised 5â 6 How Provinciall 7 The power of approving Councels belongs no more to the Pope than to others 9 His rejection of no more force then others 10 Councels anciently confirm'd by Emperours 12 Published and promulgated by them 13 14. Provinciall Councels confirmed by particular Princes as in France BOOKE IV. Chap. I. p. 197. THat the Councel of Trent indirectly advanceth the Popes authoritie above a Councels 2 By suffering him to command them as he did 13 And to mulct 14 And transferre them 15 16 Pope Iulius Paul more bold with the Trent Councel than Eugenius with that of Basil. 17 20 But with unlike event 21 The Popes authority in all things reserv'd by this Councell 22 23 Which ought not have been done 24 The whole power of expounding the Decrees wrongfully given to the Pope 26 Their desiring his approbaâion 27 The oath of obedience to him inusuall and injust 28 So was the Popes creâting of Cardinals during the Councel 29 And his taking upon him to accord Princes 31 Depriving Councels of the election the Pope 36 The faculties of Legats derogaroty to Councels Chap. II. p. 206. 1 THat the Pope is not above a Councel 2 For so no need of Councels 3 So the Pope should be the Church which is absurd 4 5 6 What is meant by Tell it to the Church 7 Popes have confess'd themselves inferiour to Councels 9 10 11 The authority of Provinciall Councels greater than the Popes 13 14 Much more of Generall 15 16 c. Saint Ieroms testimonie about the Popes authoritie examined Chap. III. p. 212. 1 POpes may be and have beene judged by Councels 2 Yea and condemn'd too 3 4 Pope Iohn deposed by a Councell 8 Popes in fact have used Councels against other Popes 9 And submitted themselves to their judgement 11 The quarrell betwixt the Pope of Rome and Patriarch of Constantinople judged by the Councell of Chalcedon 12. The Popes definition of faith examin'd there 17 A cause judg'd by the Pope may be judg'd againe by a Councell as Saint Austin Chap. IV. p. 217. 1 OF severall Appeals that have been made from Popes to Councels whereby the superiority of Councels are proved 2 Appeals made by Emperours 3 By Generals of Orders 5 6 By Kings of France 7 By the Vniversitie of Paris 8 A copy of their Appeal 9 Such Appeals allowed by Canonists 10 11 12 Bellarmines three examples of Appeals from Councels to the Pope answered Chap. V. p. 217. 1 THat a Councell is above the Pope proved directly First from the decrees of Councels 2 As of the first Pisan. 3 Those of Constance Basil Bourges 4 That of Lausanne 5 Another of Pisa. 6 7 8 All which Councels were either called or approved and confirm'd by Popes 9 A reference to severall authours that teach a Councel to bee above the Pope Chap. VI. p. 224. 1 THe opinions of severall Vniversities touching the authority of Councels above the Pope 2 As the Vniversitie of Cullen with their reasons 3 The Vniversitie of Erford 4 Of Vienna 5 Of Cracovia 6 7 Of Paris 9.10 The Councels of Constance and Basil in this point approved by most of the Kings in Christendome 11 Particularly by the French in the Pragmatique Sanction 12 Which is still in force Chap. VII p. 230. 1 2 EXceptions against the validity of the former Councels answerd 3 The absence of some Prelate destroyes not the generality of the Councell of Constance 4 Because they were schismatical and so judg'd by the Pope Nor was it destitute of a lawfull Pope 5 But confirmed by one Bellarmines evasion refused 7 And retorted against the Trent Councel 8 The Councel of Constance approved by succeeding Councels as that of Basil. 9 10 11 12 And this confirmed by three severall Popes 13 14 Nor generally rejected by the Church 15 but onely by some and in part 17 18 c. The validity of the Piâan Councell asserted the nullity of the Laterane and the story at large of both 21 The oath of the Cardinals for reformation 22 Pope Iulius his perjury 23 Which occasioned the calling of the Pisan Councell 24 25 His demeanour in it 26 His conditions 27 The Lateran Councell justly rejected 28 As prejudiciall to France 29 Is but a Conventicle 31 And appeal made from it by the Vniversity of Paris Chap. VIII p. 241. 1 A Refutation of those five reasons which Pope Leo with his Councell of Lateran urgeth to prove his authority over Councels 2 The first drawne from a supposed Decree of Nice 3 The second from Pope Leo's translating the Councell of Chalcedon Which is neither true nor proving 4 The fourth that Pope Martin did the like but not without the consent of the Councell 6 The fifth from the Popes prerogative above others This granted for honour not for authority 7,8 Obedience of Councels to Popes pretended not proved 10 The fifth reason drawn from hence that some Councels have desired the Popes approbation Refuted 11 Retorted 12 The repeale of the Pragmatique 13 14 Invalid and never admitted 15 Pius the seconds inconstancy 18 Bellarmines argument from the order of names refuted BOOKE V. Chap. I. p. 249. 1 ABuses committed by the Pope in matter of Indulgences 2,3 An occasion of much wickednesse 5,6 c. A Bull of large Indulgences granted by the Popes in the time of the Trent Councell to the Fraternity of the Sacrament of the Altar 42 The abuse of Indulgences anciently complain'd of 43,44 The doctrine condemned by Gerson 50 Reformation hereof demanded at the Councell of Trent 51 But not obtain'd
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 supposâtitious 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 coâfessed by Councels and adâitted by Popes 16 Who became suiters to them in that behalfe 17,18 And proâoters 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 prevaricaâion 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 Disaâlowes 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. Empârour Emperours 191. 27. assembling ascribing to him 194. 13. commanded them that dele 222. 22. to wit dele 241. 2. that by that 251. 36. found founded 253. 26. blessed the blessed 257. 47. the. at the. 265. 5. they an the. and. 269. 3. to Popes to the Popes 278. 16. Monarchie Monarch 288. 42. you yon 293. 4. Doctour rings Doctours Kings  5. eight right  33. were they were 296. 42. Churches clutches 307. 21. honour under order over 310. 41. Iudges Royal Ordinaries Ordinarie Iudges Royall
Councell holden at Rome under Innocent the third at which were present Primates and Archbishops sixty one Bishops foure hundred and twelve and eight hundred Abbots and Priors In which Councell the said Pope did excommunicate Lewes the King of France his eldest sonne and all the Earles and Barons of England with their complices which conspired and rebelled against the King of England Philip Augustus knowing the excommunication said to Gualo the Popes Legat The Kingdome of England which the Pope pretended to be feudatary to him and thereupon proceeded to that sentence of excommunication never was nor is nor ever will be S. Peters patrimonie in as much as no King or Prince can give away his Kingdome without the consent of his Barons who were bound to defend it And if the Pope intend peremptorily to stand in this errour urged thereto by a desire of enlarging his dominion hee will give a bad president to all Kingdomes Whereupon the nobles of France seconding the words of their Prince begun in an instant to cry out with one voice That they would stand for that article till death And yet all this was against the decision of a solemne generall Councell Boniface the eighth saith Platina having called a generall Councell subjâcted Philip the Faire and his Kingdome to the Emperour Albert this was saith the Bishop of Consentia who relates the same story in the yeere 1302. Notwithstanding this decree of the Councell Philip the Faire did revenge himselfe upon Pope Boniface in such sort that if his violent death had not ensued upon it his proceedings had never been blamed nor condemned by any man Platina after he hath delivered the story at large gives him this elogy Thus dyed that Boniface who studyed rather to strike a terrour then religion into all Emperours Kings Princes Nations and people who laboured to give and take away Kingdomes to repulse and recall men at his pleasure insatiably thirsting after an incredible masse of money which he had raked together by hooke and crooke Wherefore let his example be a lesson to all governours religious and secular not to rule their Clergie and people proudly and disdainfully as the man we speake of did but piously and modestly Benedict th' eleventh who succeeded this Boniface being informed of the justice of the cause of our King absolved him from the interdict whereto both himselfe and all his Kingdome were subjected and besides set forth a declaration for the exempting of the Kingdome of France from that power which Boniface by his Decretall did arrogate to himselfe over all Empires and Kingdomes whatsoever and for the preserving of it in the ancient rights and liberties thereof 16 Pope Iohn the twenty second say the German Chronicles having called a Councell at Avinion of Bishops and Cardinals not a fâw passed the sentence of excââmunication upon Lewes the Emperour and gave his reasons in his Bâll âgainst Lewes because he had aided heretiques and schismatiques and had ever been a favourer of rebells And besides he denounced the sentence of excommunication against all those that did not sequester themselves from his company and of deprivation of their benefices and dignities against such Priests as should celebrate divine service in his presence The Author addes one thing very remarkable These proceedings saith he of the See of Rome were in those daies of great efficacy for it was a crime inexpiable to be of another opinion then thâ Pope of Rome yet were there some notwithstanding who âided with Lewes without any regard of the excommunication but these not very many for in an imperiall Diet called afterwards by the Emperour to see if hee could finde any reliefe against that sentence all the world was frozen-hearted and crest-falne All the refuge that poore Emperour had was in a few Lawyers who stoutly defended his right and thereby confirmed most of those who were wavering Lewes had saith the same Chronicle some Doctors both of the Civill and Cânon Lawe who were of opinion that the Popes sentence was null and invalid which opinion of the Doctors was a meanes why divers did not abandon him See here how the Emperours party notwithstanding his right was at first but very weak yet afterwards grew so strong that every one openly rejected the unjust decree of the Councell The Estates assembled at Francford the yeere 1338. did cancell and disanull all these lawlesse proceedings by a faire decree which wee may read at large in Nauclerus Provost of Tubinge wherein are set downe all the authorities and reasons in law against the forementioned sentence and processe with this close By the advise and consent of all the Prelats and Princes of Germany assembled at Francford wee decree that the former processe be void and of no effect and pronounce a nullity upon them all One of our commentators affirmes that even in the Court of Rome where himselfe afterwards was many Prelates and many laiques well skilled in both the Lawes did hold that the Emperour was wronged To bee short there was not one till Pope Benet the twelfth who succeeded Pope Iohn that did not disrelish that processe and yet it was done in a Councell The Councell which was begun at Ferrara 1438 and continued at Florence was never received and approved of in this Realme of France The Bishop of Panormo tells us so The King of France saith he did expresly forbid upon great penalties that any of his dominions should goe to Ferrara to celebrate the Oecunmenicall Councell Charles the seventh telles some Cardinals downright so who were sent Ambassadours from Eugenius and were come to Bruges to get him to accept of it and amongst others to present him with this Article That since such time as it was translated to Ferrara the King should reject the Councell of Basil and receive the Councell of Ferrara with the acts thereof Whereto he made answer after six dayes deliberation with his Prelates and others assembled at Bruges That hee had received the Councell of Basil for a Councell indeed that he sent his Ambassadours thither that many things were there wisely determined concerning faith and mannersâ and such aâ hee liked well of But for that of Ferrara hee never did nor never would take it for a Councell 17. These articles and answers are extant in the workes of Nicholas de Clemângiis And yet for all this Clement the seventh styles this the Eighth Generall Councell For marke how he speakes of it in his Bull of the 22. of Aprill 1527. directed to the Bishop of Farnasia Wee cannot chuse but lând you our assistââce in the impression of the Acts of the eighth Generall Councell held at Florence which you have translated out of Greeke into Latine True it is that Laurence Surius disavowes it when he saith it was not well said to call it the eighth Councell because that 's not it's place He wist not haply that a Pope so saith Bellarmine them to a
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 queâtion 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 âlection 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
reformed by Kings and Princes and by them be constrained to doe their duty It is no marvaile iâ they do somewhat for him to whom they are bound by such a strict oath and who flatters and wooes them extremely to do the deed But when the Churchmen of our age especially doe any famous exploit against the Pope this is newes indeed both in regard of that command which hee hath got over them and of the feare they ought to have least they should be sentenced for heretiques in these controversies of religion And this is the cause that the Popes have alwayes had recourse to them when they intended to doe some ill offices to our King and Kingdome Boniface the eighth by a gloseing letter of his writ unto them endevors to make them approve his injust proceedings against Philip the Faire where hee saith amongst other things Those who hold that temporall matters are not subject to spirituall doe not they goe about to make two Princes Hee complaines also of the Parliament holden at Paris where it was enacted saith he by underhand and begged voices that none should appear before him upon the summons of the See Apostolick He complaines also of the report which was made to that assembly by M. Peter Flotte whom hee calls Belial half blind in body and quite in understanding This was the man who being sent in ambassage unto him by King Philip to that saying of his We have both the one power and the other made this reply in behalfe of his Masterâ Yours is verball but ours is reall as it is related by an English historian 17 Innocent the third did the like in his scuffle with Philippus Augustus his Epistle to the Bishops of France was put among the Decretals wherein he omits no art to nuzle them up and perswade them that his proceedings against the King and putting their Kingdome under an interdict was just as the learned Cujacius hath very well observed and indeed his projects throve so well that he wonne their consent at last Hearke how a French Historian of ours speakes of it The whole countrey of the King of France was interdicted at which the King being highly offended after he had notice of it he stripped all his Bishops out of their Bishoprickes because they had consented to that interdict and commanded that their Canons and Clerkes should be put out of their livings expelled out of his dominions and their goods confiscated he discharged also the Parish Priests and seized upon their goods The French Bishops at first did stifâly oppose Gregory the fourth who siding with the children against the father was minded to come into France to excommunicate Lewes the Gentle and they had put on this resolution To send him home againe excommunicated if he came there to excommunicate But when all came to all he had such a stroke over them that he made them not onely abandon but depose him He was vexed by all his Bishops saith an ancient Historian and more particularly by them who were raised to those dignities from a low degree and such as comming out of barbarous Countries were preferred to that height of honour And he afterwards addes They said and did such things as the like were never heard of using reproachfull speeches towards him they tooke his sword from his side upon the judgement of his servants and wrapt it in a sackcloth It is true indeed that not long after repenting themselves of their proceedings they restored him to his former dignity of which they had despoiled him And the Archbishop of Rhemes Ebon by name who had beene the maine man amongst them declared himselfe in writing That whatsoever had beene attempted against the honour of the Emperour was against all right and reason And yet wee must not accuse all the Bishops of France for this for many of them were offended with it and particularly those of the province of Belgia deposed Ebon their Archbishop upon this occasion condemning his proceeding herein But let us now retârne to our intended subject 18 One of the Kings Lieutenants generall for administration of justice in an assembly of the States particular under the late King 1588. For the reestablishing saith he and better settling of Christian religion within this Kingdome our suit unto the King is that like a most Christian and eldest sonne of the Catholique Church he would receive the Councell of Trent and cause it to bee inviolably observed by all his subjects If any here will interpose and tell me that there are some articles in it which are repugnant to the liberty of the Gallicane Church and some others which seeme too harsh and against the forme of justice now used in France I answer that the Lords spirituall may more wisely advise of this in the assembly generall of the States and if need so be communicate it with the other Orders to make a Remonstrance thereof to our holy Father the Pope By this meanes all those Edicts which to the great regret of the King the Princes and Catholique subjects by reason of the necessity of the times did tolerate this medley of religions shall be repealed and abolished 19 Amongst those great disorders of this Kings reigne this very Councell was called in question in the Assembly at Paris which was holden in the name of the States in behalfe of the league where it is remarkable that those who had shaken off the Royall yoke and undermined all the fundamentall lawes of this Kingdome how distempered soever they were yet they had their judgements so sound as to discerne a good many decrees in that Councell which were prejudicial to the liberties of this Kingdome As appeares by the extract which was published hereupon We may observe by the way that those who raised the most false and abominable calumnies against the late King that ever were heard of in all their defamatory libels never objected this unto him that he refused to receive the Councell of Trent I will use no other proofe than of that damnable script hammered out in hell Of the just deposall of Henry the third from the Kingdome of France which sets downe the causes of his excommunication making him a murtherer a heretique a favourer of heretiques simoniacall a sacrilegious approver of duels a profaner of religious persons a confederate with heretiques a spender of the substance of the Church without any leave from the Pope a falâifier of the letters Apostolique a superstitious fellow a deteiner of Churchmen But not one word of the Councell of Trentâ although he had in that point beene disobedient to the Popes will and made small account of his earnest and often request for it is certaine that all the speeches which come to our hearing were delivered in his behalfe and upon his motion 20 Nay more hee did not receive so much as those very Decrees of the Councell which were no way repugnant to our liberties and
the observation whereof was necessary for the Ecclesiasticall policy but suppressing the name of the Councell they decreed the very same things in the Parliament at Blois 1579. a plaine proofe that it was rejected by the common consent of all France Which is evidently verified by comparing the Decrees of that Councell with the Articles of this Assembly as in those places where they speake of the residence of Bishops the maintenance of Curats erection of Schooles and Schoolemasters the bringing of exempted Monasteries under the visitation of certaine congregations the age required in religious men and women before they professe the age of such as enter into holy Orders the visitation of Monasteries by Bishops the reinforcing of the cloysture of religious houses Prebends for Divines asking the banes of Matrimony before Marriage and such like Yea more in many of these points they derogate from the Decrees of the Councell and prescribe quite different from that which is there set downe The like was done before by an ordinance at Orleans set forth in the time of the Councell 1561. Whereby our Kings have showne the power they have in matters of Ecclesiasticall discipline and the sleight regard they had to that silly Conventicle 21 We will conclude then that seeing two of our Kings very zealous in their religion assisted by a Councell no way lyable to suspicion would yet never give way to this publication so often entreated desired and urged from them it must needs follow that this Councell comprehends something prejudiciall to this State considering withall that all the mitigations which are sought after now adayes were then proposed as namely that it might bee received without any prejudice to the liberties of the Gallicane Church and without ever drawing the sword against those of the Religion which are the two maine plaisters which seeme to salve up all the badnesse that is presumed to ly lurking in it It remaines now that we shew the true reasons of this refusall which we shall doe by laying downe the nullities which are both in the forme and matter of it CHAP. III. That the Pope being a party could not call the Councell nor preside in it and that there was an appeal from him 1 ANullity in the forme of this Councel is argued first from this that it was called by the Pope and that he did preside in it yea and did deferre and transferre it at his pleasure The plea hereupon is this That the Pope was a formal party that it was he was urged to a reformation and therefore it is said that he could not be judge in his owne cause and that he should have left both the one and the other to the Emperour according to the opinion of a great Doctour of the Canon law who after hee hath concluded that the calling of a Councell belongs to the Pope addes notwithstanding that in default of the Pope that right belongs to the Emperour now there can be no fairer opportunity than when the Pope is taken for a party Another Doctour saith that the defect of that power in the Church is supplyed by the Emperour And another yet that when the controversie is touching the Pope and his cause then his authority is not requisite for the calling of a Councell It is a rule of law received amongst the Canonists themselves that when the will and consent of any man is required to some act such requirall hath no place then when a point is pleaded against himselfe 2 Ludovicus Barvarus and all the States of Germany with him doe plead this nullity against the sentence and proceeding of Iohn the 22. and of his Councell The third reason saith he is because no man ought to bee judge in his owne cause and doe justice to himselfe but it is a plaine case that this said Iohn pretended to have a plenitude of power over us and our Empire even in temporall matters and did actually conspire against us and the lawes of the Empire which he attempted to usurpe and caused us to be pursued like an enemy 3 The glosse upon the Canon law saith in expresse termes that the Pope cannot bee both judge and party in any case whatsoever Hence wee collect saith it that if the Pope be at variance with any body he ought not to be judge himselfe but to chuse arbitrators Some of the Canonists have written also that when the Pope is accused of false doctrine hee hath no more power to call Councels All these reasons hold good supposing the Pope to have by right the power of calling generall Councels which yet is denyed as we shall prove more at large in another place Besides there were some appeals put up from the Pope to the Councell as is related by Sleidan in the first of his Commentaries Luther saith he being advertised by Cajetans loâters that they would proceed against him at Rome he thereupon drew a neâ appeale November the 28. and a little after being pressed and pinched with extreame necessity hee was glad to appeal from the Pope to a future Councell And also by the Archbishop of Cullen being excommunicate by Paul the third 1546 because he went about to reforme his Church contrary to the Bull set forth by Leo the tenth against Luther and his adherents appealed thereupon to the future Councell 4 Wee have discoursed in the last book saith Sleidan how the sentence of excommunication was denounced by the Pope against the Archbishop of Cullen upon the sixteenth of April who having cârtaine notice of it the fourth of November he put forth a book presently after wherein he gives his reasons why hee refused the Pope for his judge because hee had stood a long time accused of heresie and idolatry Wherefore hee appealed from his sentence to a lawfull Councell of Germany wherein he protested so soone as it was opened he would implead the Pope as a party and prosecute against him The Protestants as is well known did the like diverse times There was also another appeal to a future Councell put in by the Vniversity of Paris May the 27. 1517 about the repealing of the Decrees of the Councell of Basil and of the pragmatique sanction by Leo the tenth In the act of which appeal these words are inserted Wee the Rectour and the Vniversity finding our selves grieved wronged and oppressed as well for our selves as for all others subject to our Vniversity and all such as will take part with it doe appeal from our holy father the Pope ill-advisedâ to a future Councell lawfully assembled in a safe place whither we may freely and boldly goe about the abrogation of the Councell of Basil and the pragmatick sanction lately set forth by these new decrees Notwithstanding which appeal the Pope was set over the Councell by the Fathers assembled at Trent Now it is a thing never seene nor heard of that hee
of great personages than liberty of conscience which is much to be feared in a matter of this nature But as for you Sirs who are here assembled in the name of God you acknowledge no superiour but the honour of God and the quiet of his Church 4 And presently after he addes If wee will apply our selves to the humour of this or that Prince whatsoever and if we chuse rather to mistake the truth by that meanes than embrace our owne salvation and the right managing of affairâ there is no question but the neglect of our duty deprives us of the glory of heaven and if so be there be any default of yours in this respect howbeit your vertues doe assure me of the contrary the state of religion will be so desperate that there will be no hope of remedy left I have seene the originall copy of a letter in the hands of a learned Catholique dated the 19 of May 1563 written from Trent to Rome by Monsieur de Lansac King Charles his ambassadour at the Councell of Trent unto Monsieur de Lisle the same Kings ambassadour to the Pope wherein he intreats him to deale so that the Pope would leave the Councell to their liberty and send the Holy Ghost no more in a Clokebag The Lord de Ferriers assisted by the Lord of Pibrac in his oration delivered in September 1563 touching the precedency of the King of France before the King of Spaine accuseth the Pope of bereaving his eldest son of the honour that belongs unto him of arrogating unto himselfe power over the Councell and prescribing unto it what it must follow and observe And in the letters written by the same Ambassadours unto King Charles the 25 of November 1563 upon occasion of their retiring to Venice they say amongst other reasons they departed from the Councell Because nothing was done there but what pleased the Pope and hereupon they stood so long upon determining things proposed if there was any difficulty because they must send to Rome to seeke the Popes resolution 5 This is also the great complaint which hath ever beene made and that justly by the Protestants of Germany Heare what Paul Vergerius who had formerly been the Popes Legat in Germany against Luther and the Protestants speakes concerning it in an Epistle of his to the Bishops of Italy I desire you moreover to consider a little and throughly to informe your selves of that which Pope Paul the third and Iulius the second lately deceased were wont to doe they framed Ordinances and Decrees to their carrier then they sent them to Trent with an expresse injunction that nothing should be determined but what they commanded Which I know to be very true because in the time of Pope Paul my selfe being then Bishop was at Trent from whence I was ferreted because I was suspected to have taken notice of it whereupon they were afraid lest I should disclose it howbeit I knew but very little of it at that time And there is none now but knowes that all the definitions which were first made at Rome by the Popes commandement were sent afterwards to the Legat that he might looke well to this that the divines observed the same order and platforme in their disputes as was prescribed to them Whence it came to passe that they commonly say nowadayes The Holy Ghost came to Trent packt up in a Clokebag 6 A learned man of those times among the Protestants called Fabricius Montanus hath made a great complaint hereof in a speech of his pronounced before the States of Germany which is contradicted by Fontidonius a Doctor in Divinity he that made the speech in the behalfe of the King of Spain at that Councell I shall content my self with two passages which that Apologist labours to refute in his rejoynder As for that saith he which you urge and account for a fault that the Pope doth not submit himselfe to the Councell but rather the Fathers of the Councell are subject to him what furtherance can that bring to your cause And in another place You rake up many calumnies not crimes which you doe not confirme by any arguments as that the Fathers of the Councell doe wholy conforme themselves to that which is prescribed in a certaine schedule containing the declaration of his pleasure There are many other writings besides wherein may be read the same complaint 7 Howbeit the Doctor doe peremptorily deny that it was so and sayes that the Pope and the Councell did accord very well yet for all his answer it is not amisse to tell him what Onuphrius saith in the life of Paul the third for it serves very well to our purpose Being thus highly offended with the Emperour saith he without any dissembling of it he beganne to thinke of suspending the Councell which he had formerly commanded to bee kept at Trent in courtesie to the Emperour and of removing it to Bononia which he was the more willing to doe because hee had understood how his dignityâ was taxed and disparaged by the malice of some suâorned Prelates in certaine sanctions decreed upon in an odious disputation See what the Popes use to doe when the Councels doâ not please their palat and doe what they would have them so Pope Eugenius dealt with the Councell of Basil and Pope Iulius the second with that of Pisa. This transferring of the Councell was put in execution howbeit it was contradiâted by divers Bishops as appeares by the eighth Session 8 We will conclude we need not seeke a more authentique proofe hereof âhan the determinations of the Councell it selfe which were all entirely submitted to the Popes authority and which for the most part tend to no other end but the support of his greatnesse So Pius the fourth in a publique oration of his delivered in the Consistory after the conclusion of tâe Councell thankes them heartily for having such a tender regard to his authority when they went about an Ecclesiasticall reformation in so much that if hee had undertaken to reforme himselfe he should have gone more severely to worke as appeares by that Oration printed with the French translation of the Councell of Trent which was very wisely retained by a learned Sorbonist But indeed it is a thing not much to be marvailed at for what could such men doe else which were not their owne masters which were bound to the Pope by such a strict oath that they durst not flinch from him yea they durst not so much as speake the truth in what concerned him So said AEneas Sylvius in an Epistle to the Chapter of Mayence Even to speake truth against the Pope is to breake the oath of a Bishop And indeed marke the purport of one of the clauses in the new oath They shall disclose and effectually hinder with all their might whatsoever shall be plotted negotiated or attempted against the Pope They are also tyed by the ancient forme To defend the Popedome of the
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 aââ 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 âull 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 ân 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 caât 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
the Cardinals and the Popes minions Guicciardine saith his sister Magdalen had a good share of it and that it was not done in hugger mugger 4 Besides they served themselves of these Croisada's and indulgences to wreake their malice or strengthen their purposes to the disturbance and confusion of all Christendome An English Monke of good credit tels us how Vrban the second had this bad designe when hee caused the conquest of the Holy Land to be undertaken at the Councell of Cleremont In the yeer of grace 1095 saith he Pope Vrban the second who sat in the See Apostolique having passed the Alpes came into France the cause of his comming which was publiquely given out was that being chased out of Rome by the violence of Gilbert hee came to sollicite the Churches on this side the mountaines to assist his Holynesse but his more private end was never given abroad which was that by the advice of Boadmond he might stir up all Europe to make war in Asia to the end that in the generall hurly burly of all Provinces Vrban might with case possesse himselfe of Rome and Boadmond of Illyrium and Macedonia after they had consulted with such as were to assist them 5 Alexander the fourth turned the vow of Ierusalem into a vow of Apulia in the case of Henry the third King of England that is a crosse of devotion into a crosse of revenge The Pope gave his Legats power to absolve the crosse-bearing King of his vow dispensing with him for going to Ierusalem alwayes provided that he should goe into Apulia to make war upon Manfred the son of Frederick late Emperour an arch enemy of the Church of Rome The English authour who relates this story complaines in another place that the tenth was granted for the reliefe of the Holy Land and we are compelled to turne it to the aid of Apulia against the Christians 6 A Croisada for the conquering of the Holy Land being resolved upon at the Councell of Vienna under Clement the fifth Philip the Faire and his three sons as also Edward King of England tooke up the crosse to go thither in person with an infinite number of men besides Then did Pope Clement saith an old French Chronicle grant great indulgences to such as could not goe but on condition that they should finde money for that use So as he that gave a penny was to have one yeers pardon he that gave twelve pence twelve yeers pardon and he that would give as much as would maintaine a man going over seas a plenary pardon for all And the Pope appointed certaine men whom he put in trust for the receiving of this money A man cannot conceive the great summes of money that were given for the purchasing of these pardons for five yeeres together And when five yeeres were gone and past and the good men were ready to goe and performe what they had promised and vowed the businesse was brooke off but the Pope kept the money the Marques his Nephew had a share of it and the King and other who had taken the crosse stayed here at home The Saracens there are in peace and quietnesse and I thinke they may yet sleepe securely 7 The same Pope Leo whom we spoke of before caused in his time the tenth of all Ecclesiasticall revenues to be levied in some places under colour of defending the Christian Common-wealth against the Turk but indeed to put it into his owne purse This was the cause he found such strong opposition in Spaine that it was thâre resolved by thâ Clergy Synodically assembled that they would not pay any thing to it The Arâhbishop of Toledo did presently interpose and told the Pope by his Proctour that if his meaning was to make war against the Turk he should declare himselfe openly which done they would imploy the best of their abilities but not otherwise Which the Pope perceiving he disavowed the act of his Legat in Spaine in requiring the tenth because said he he was too hasty and it should not have been levied yet But let us heare the Spanish authour himselfe tell the story Nor did bee use lesse diligence speaking of the Archhishop of Toledo in appeasing the commotions of the Clergy which were then a foot by reason that Pope Leo the tenth by authority of the Lateran Councell required the tenth part of the commodity of their benefices of the Clergy It was demanded under colour of defending the Christian Common-wealth for when it was supposed that Selim Emperour of the Turks having conquered the Sultan of Egypt and put him to an ignominious death would bend his forces against Italy the Pope in the last act of the Lateran Councell treated with the Fathers there to have the tenth of their benefices for three yeers to defend the sea coast and fortifie the passage against the enemy to the utmost of his ability This was denyed him by divers who thought it very hard to see their livings overcharged in that kinde contrary to the decrees of other Councels and the constitutions of the Popes especially seeing Christian Princes to whom the frontiers belonged were not mustering any armies nor made any semblance of war The Pope on the otherside maintained that there was the like necessitie now as at the Councell of Constance under Martin the fifth For what greater cause could there be to move them than the preparations of the publique enemy of Christianity for the invading of Italy and Rome The Clergy of Aragon who were imboldened by the Bishop of Saragossa the Kings Lievetenant there and liberty which all in that Kingdome enjoy at their meetings in provinciall Synods determined to deny the payment of those tenths But forasmuch as it neerly concerned them to take the authority of the Archbishop of Toledo along with them who was in great account with the Pope aswell the Bishop of Saragossa as the other Bishops of Aragon intreated him by letters to undertake the cause of the Clergy and that he would not suffer being such a potent man in the Province as he was wherein he outwent all his Predecessours the immunities of the Clergy to bee so farre prejudiced Ximenius who had taken order that it should not be put in execution in Castile answered them courteously and with all mildnesse promising them that he would doe whatsoever lay in his power for the preservation of their Ecclesiasticall liberty But in the mean time he advised them to dissolve their assembly and expect in patience what would be the event of things that he would treat with the Pope and the Emperour Charles hereabout and that he hoped the issue would be to their content Whereupon he thought fit in the first place to acquaint the Emperour to whom he writ his advice to this effect That seeing the Clergy of Aragon had begunne to oppose by calling of Synods that ours may have the like assemblies to examine the grounds of these exactions and try whether that
defeated and stopped by Apostolicall letters and rescripts The German Nation framed likewise a complaint concerning this point and presented it to the Emperour Maximilian The causes say they that might be determined in Germany where there are both just and learned Iudges are removed to the Court of Rome withouâ any distinction 10 The Popes have likewise gone about to usurpe the Lay jurisdiction and to draw unto them all sorts of Lay men even in profane maâters whereof the States of Germany made a grievous complaint also which we will here insert Seeing that not only the grounds of equity but also the ordeâ of things doth require that the bounds of jurisdictions be distinct and limitedâ and that every Ordinary content himselfe with his owne bounds without entrenching one upon another in the exercise of their jurisdiction yet the Popes heretofore never considered this equity but sleighting it have oftentimes cited Laymen to Rome and made them appeare in judgement before them and that evân in causes profane as cases of inheritance or morgages and those of the first rank Which thing tends to the losse dammage and mispâision not onely of those that are summoned but also of the states of the Roman Empire and to the disgrace and infringing of its jurisdiction Item when any man offers to affirme upon oath at Rome that he doth not expect that he can obtain justice of his competent Iudge in Germany he is forthwith admitted to take that oath and letters are granted to him to set his adversary a day and so the suit is removed from Germany to Rome without ever any request made to the Iudge or notice given to the party Whereupon under pretence of this oath neither the reasons of not proceeding nor any other proofes are admitted although it may bee plainly convinced that the adverse party is perjured Which thing if it take any deep root and be not remedied in the beginning all causes in fine will bee devolved to the tribunall of the Court of Rome and all Ordinaries deprived of their jurisdiction which would be both unjust and untolerable 11 Wee will here set down by way of commentarie on these Articles the severall usurpations which the Popes have made upon Lay men in point of justice and jurisdiction The Glossatour upon the Canon Law freely confesseth That the Pope doth daily give out writs to Clergy-men against Layiques in all causes whatsoever and by this meanes getteth the jurisdiction of the other The Parliament of Paris urgeth this usurpation in their Remonstrances to Lewes the eleventh Item the Clergy would not only be molested by citations from the Court of Rome but the Seculars would be like the Barbour before S. Dennis of the Charter who lost his son in the Court of Rome by the Pestilence and the Father was afterwards summoned into the Court for his sonnes debts as also M. Iohn d' Argonges the Kings Advocate One of our old Lawyers toucheth this very usurpation Observe saith he speaking of the exception in case of excommunication that this was invented by the Pope for another reason to wit that his power might be therein enlarged as well in the Civill Court as the Ecclesiasticall which ought rather to be restrained than augmented inasmuch as the psalterie doth not agree well with the Iettren 12 Other Prelates have done the like after the example of their Head witnesse the complaint of M. Peter de Cugueres against the Clergy of France Although the cognizance of Lay men belong to the Secular Iudge excepting in spirituall cases yet the Bishops Officials cause them to be summoned before them upon the demand of the parties and if the said Lay men decline the jurisdiction of those Officials or those Lords whose subjects they are require that they may be dismissed as being their temporall Lords and Iudges the said Officials refuse to do it and compell the parties by excommunications to proceed before them Hee quoteth many other cases in divers Articles which the reader may see in the Authour CHAP. VIII Of Ecclesiasticall informations and of the Popes Commissaries and Legates 1 THe chiefe meanes whereof the Popes have served themselves against Laymen to get the jurisdiction over them even Kings and Princes have beene Ecclesiasticall denuntiations for upon complaint and information made unto them against a Layman they would cause him to be summoned before them namely then when there was any oath in the businesse or any sinne might follow upon it which commonly fell out in all causes And suppose all this failed the Plaintife needed but sweare that hee looked for no justice from the Lay Iudge as the articles of the States of Germany have it 2 Wee have a pretty example in Philip Augustus King of France who having some difference with King Iohn of England surnamed Lacke-land concerning the Dukedome of Guyen and Earledome of Poictiers which Philip supposed to belong to him because homage was not done for them and concerning the Dukedome of Brittaine which was confiscated unto him by the murther of Arthur King Iohns Nephew whom he had killed hee was summoned to Rome by Innocent the third upon the information made by Iohn supposing that the Pope ought to have the determining of their controversie by reason of an oath upon the setling of the lands formerly made betweene the two Kings and the violation thereof concerning which hee writ at large to the Bishops of France that they would approve of his proceeâings which was so well liked by his successors that they canoniz'd his Decretall which neverthelesse hath beene disliked by some Devines And for the Canonists some of them have said that the Protestation which he makes at the beginning of it contradicts the Act it selfe in as much as he declareth that hee will not meddle with the jurisdiction of the Kings of France which neverthelesse hee did for the feudall differences being determined by the Peeres of France betwixt Philip the Lord and Iohn the Vassall yet the Pope would have his Legats to have the cognizance of them for heark how he speakâ That Philip would patiently suffer the Abbat of Casemar and the Archbishop of Bourges to have the full hearing whether the complaint put up against him be just or his exception legall The observations of learned Cujacius up ãâã that Chapter are remarkable He protesteth saith he doing one thing anââetending another not to intermeddle nor usurpe the cognizance of the fieffs beloâging to the King which he knoweth to appertaine to the King and the Peeres of France but onely to have the cognizance of the perjury And he afterwards addes All this he wrote to appease the Prelates of France and beare them in hand that he proceeded justly against their King and put all his Kingdome in an interdict upon this occasion yet for all that he gained nothing by it 3 In the time of Saint Lewes a great complaint was made against Innocent the fourth
and correct the sentences of Emperours and Princes having caused their Arrests in this kind to bee enrolled in their books as marks and Trophies of their victories and to serve for perpetuall presidents for the future So Clement the fifth cassed the sentence and proceedings of the Emperour Henry the sixth or the seventh against Robert King of Sicilyâ his vassall in case of treason Heark how he speakâs of it We aswell out of the superiority which without question wee have over the Empire as out of that power by virtue whereof we succeed the Emperour when the Empire is vacant but especially out of the plenitude of that power which Christ the King of Kings and Lord of Lords hath confer'd upon us though unworthy in the person of S. Peter with the advice of our brethren declare and pronounce the sentence and all the proceedings aforesaid together with all that followed thereupon or from that occasion to be null invalid and without effect 9 But see the censure which a Doctour of ours passeth upon that Clementine In this Chapter saith he there are somethings which taste a little of the truth of law and somethings which doe nere a whit taste of it and herein the Pope hath beene more partiall than Apostolicall 10 Now because the Popes found some resistance now and then when they attempted the jurisdiction over Lay men to make the streame of their usurpation run more even they begun to metamorphize Lay men into Clergy men or to speake more properly to dresse them up in a Maske and make them appeare such when they came to them Marsilius of Padua hath detected this policy unto us Boniface the 8 saith hee to enhanse his Secular jurisdiction ranked all such amongst the number of Clergy-men as had married a Virgin and who contented themselves with one wife and ordained by his Decretals that they should be accounted for such And not containing themselves within these bounds they have exempted from all huâââââ Civill Lawes a company of Lay men whom in Italy they call Fratres Gaudentes but elsewhere Beguins as also the Templars Hospitallers and other such like Orders together with them that are called De alto pasâiâ And by the same reason they might doe so with all the rest But if all those that be of this kinde bee thereby exempâed from the jurisâiction of Priâceââ accordiâg to their Decreâals it is very probable that most part of men will enter themselves in their societies considering that they receive without any âifferencâ aswell the uâlearned as learned 11 M. Peter Cugâores said the very âââe in his pleadings To the end that the Ecclesiasticall Court may be enlarged saith hee the Prelates make a great many shave-pates some infants at under age some the children of servantsâ some married meâââlearned and insufficient We will conclude this discourse with the saying of Cyâââ Pistârâusis one of our âost ancient law commentatours The Popes Court âoâld gladly have all the world to bee squââazed in it so great is their insatiable desire of ãâã and ãâ¦ã 12 The States of Germany ãâ¦ã âefoââation in respect of the Popes ãâã and Delegates which ãâ¦ã all Provincesâ and which are ever a meanes to augment both his power and riches The Popes Holynesse say they upon the request of the Clergy is wont to send his Commissaries and Delegate Iudges through Germany as Iudges Ecclesiasticall to the end that the plaintives that procure them may cause Lay men of what ranke and quality soever to be convented before them in judgement for profane matters 13 The Peeres of France complained likewise of these Commissaries and Delegates in the time of S. Lewes as wee have seene proved already out of the place before cited So Innocent the third delegated the Abbat of Casemar and the Archbishop of Bourges to judge the controversie betweene the King of England and France 14 Charles the seventh speaks of these Commissaries in his Ordinance of the yeer 1422 Divers saith he doe endeavour to cite our subjects or cause them to be cited in the Court of Rome or before certaine Commissaries or Delegates of our Holy Father which is directly to offend against the liberties and priviledges of the Church 15 So farre is the Councell from providing against this complaint that poynt blanck to the contrary it hath ordained certaine delegated Iudges whom it will have appointed and sent into every Diocese to the number of foure or upwards according to the nomination which shall be made in the Provinciall Synod or Councell of the Diocese so as the names be sent to the Pope As if there were not Iudges enough already even Ecclesiasticall but they must needs proceed to a new creation Which mainly concernes Kings and Princes without whose will and consent new Iudges cannot be established within their Dominions 16 They addressed a complaint also against the Popes Legates which are his Quaestors and Treasurers whom hee sends into the Provinces who like those that traffique in Peru bring us little guegawes to transport our gold for them Yea which proceed further now adayes and embroyle themselves in making of Leagues to alter the state of Countries The request which they made was very pertinent namely that it might not be lawfull for such Legates to legitimate bastards incestuous persons and such as were got by a damnable copulation so as to qualifie them to inherit with other legitimate children and make them capable of all offices and dignities 17 This power hath beene oftentimes granted to the Legates that came into France and amongst others to Cardinal de Boissy who was sent hither Ann. 1519 in whose faculties this Article was included The power of dispensing in default of legitimate birth for inheriting of lands As also to the Cardinall of Ferrara 1561 in the 6 Article of his faculties And likewise to legitimat all bastards of either sex even those that are borne by unlawfull and damnable conjunction joyntly or severally so as they may bee admitted to their fathers inheritance and all other goods whatsoever whether hereditary or emphyteâtiques without prejudice of those that should succeed the intestate and received to all kinds of dignities Magistracies offices as well publique as private and to exercise them in like manner as if they had been truely begot in true and lawfull Matrimony and to cleare them and take away all staine of birth and restore them to their originall legitimate rights of nature 18 Espensaeus exclaimes against these legitimations and condemnes them as illegitimate What shall wee say saith he of this that by meanes of this money they legitimate bastards or such as are begotten by a damned conjunction in unlawfull marriage against the lawes of God the Church and the Prince making thâm capabââ anâ fit for the administration of all places and dignities and to share equaâây in the inheritancâ with the lawfully begotten Hee disclaimes also divers other Articles of these kinde of
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 Westerâitz 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 Romanâs 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 enâred 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 âovo 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 Dukâdomeâ 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
and dignity and substitute another worthy of itâ by the authority Apostolique The King of France having such a wiââed occasion offered made ready for warreâ and mustered up an army But in the meane time behold the fraud while the comming of the King of France was expected by sea Pandulphus the Popes Legate comming out of France goes to King Iohn tels him what eminent danger hee is in shewes him how hee is utterly undone unlesse hee shadow himselfe under the Popes wings The King having learned from him how this protection might be sweares upon the holy Evangelists in the presence of the same Pandulphus that hee will submit unto the judgement of the Church Which judgement of the Church was that this poore King should be a vassall a slave and tributary to the Church of Rome Heare the words of the same Authour ensuing immediatly afterâ Then hee resigned the Crowne of England to Pope Innocent and did homage unto him bringing a most free countrey into bondage to be made King of his owne Dominions and that with a tribute having framed an instrument hereof to be pitied and abhorred of all those that understand it 9 Hee that would read the Conveyance may finde it at large in the Histories of Matthew Paris and Matthew Westminster wee will here relate so much of it as shall serve our turne Wee offer and give unto Godâ and to his blessed Apostles Peter and Paul to our mother the holy Church of Rome to Pope Innocent the third and his successours all the right of Patronage which we gave to the Church of England together with the whole Realmes of England and Ireland and all their rights and appurtenances for the remission of our sinnes and the sinnes of our progenitors as well alive as dead and receiving at this present from God and the Church of Rome all the premisses as a vassall and feudatary for which we doe liege homage and promise fealty to Pope Innocent and his Catholique successours And afterwards And in witnesse of this our gift and grant we will and decree that the Church of Româ receive yeerly a thousand Markes ââerling of the proper revenues of our said Kingdomes besides the Peter-pence 10 After this that honest Iohn Lack-land was absolved from âis excommunication And my Lord Legat began earnestly to advise the King of France to desist from his enterprise who was now in readinesse to passe over into England with great forces So Matthew Paris Another relates it thus The King of France being cozened by the many talks and faire words of the Popes Nuncio's seeing King Iohn sheltered under the shield of the Court of Româ gave over his enterprise after he had spent fourty thousand pounds upon it receiving thereby a great deale of shame Thou wrongs him Englishman it is the sanctity of Româ which should have blusht at it rather 11 This history with divers others of this kinde which wee could urge prove that to be true which Marsilius of Padua witnesseth The Bishops of Rome saith he having thus broken the ice they first excommunicated some under pretence of labouring for peace and unity amongst the faithfull people of Christ whereas it is indeed because they refused to stand to their judgement Afterwards passing sentence against them both reall and personall and very roughly against some namely such as are of least abilities to resist their power such are particular persons and common-wealths in Italy more mildly against others as Kings and Princes whose assistance and coactive power they are afraid of on whom notwithstanding they incroach by little and little and they endeavoured ordinarily to doe it by usurping upon their jurisdictions having the boldnesse to throw at all at onceâ by reason whereof their close prevarication hath hithertowardâ kept secret forasmuch as concernes the Emperours of Rome and their subjects yet so as that now they say they have all the coactive temporall jurisdiction 12 The Emperour Frederick the second being excommunicated by Gregory the ninth could not make his peace with him without a great summe of mony He obtained it not saith Platina till he had given twenty hundred thousand ounces of gold to the Church of Rome for the damages which hee and put it to and till he went in the habit of a supplicant as farre as Anagusie to the Pope About the yeere 1338. 13 Lewes King of Hungary was compelled to buy Campania at a deare rate of Clement the sixth which belonged to him as heire to his brother Andrew About this time saith Aventine the King of Hungarie's Oratours stucke fast in the same mire at Avignon Lewes King of Hungary that he might not bee excluded from his brothers kingdome bought Campania the inheritance of his brother Andrew which was set to saile by the Pope and gave him two millions eight hundred and sixty thousand crownes for it 14 Now these great treasures which they rake up together are partly for themselves partly for their children nephewes and other kinsfolkes which are oftentimes seene to be both beggars and Princes on one day For the first thing they doe after they are setled is to preferre and ennoble their kindred and divide amongst them not any pettie summes of money but whole Earledomes Dukedomes and Principalities to make them Generals of Armies and such like things so as all the pompe and magnificence is for them 15 This was in fashion in Marsilius de Paduaes age who lived about 336 yeeres agoe for speaking of the Popes he saith They either bestow when they are alive or bequeath when they are like to dye as great summes of money as they can not upon the poore but upon such as are linckt with them in affinity or otherwise however they bee robbing the poore of them The author of the Vergers dreame makes the Knight speake thus Ye never consider the goods of holy Church which your children your nephewes your parents and sometimes other lewd persons catch away 16 Rodericke Bishop of Zamore in Spaine and Constable of the Castle of St. Angelo in his Booke entitled The mirrour of mans life dedicated by him to Pope Paul the second about the yeere 1488. amongst other cares and inconveniences of the Popedome reckons this for one First saith hee domesticke care is an hindrance and besides that most unjust greedinesse and as I may so say most enraged madnesse of preferring their parents of perpetuating their family their kindred and the whole generation of such as are descended of their blood for some Popes would not have one onely but many great families and noble houses owe their originall to them and have honourable principalities springing from them 17 These are they of whom those words in the ordinance of Lewes the 11 made the 16 of August 1478 ought to bee understood It is a strange thing saith he that the unjust exactions of the Court of Rome should bee suffered such are their expectative Bulls
and other like knackes their money for vacancies which is levied contrary to the holy Canons and Decrees and contrary to the determination of the Catholique Church and sacred Councels that what is so gotten may bee employed in purchasing of Earledomes and Lordships to bestow upon people of meane condition and to preferre them without any precedent merit without any service or use which they can doe to the Church or for the defence of the faith 18 Francis Guicciardine in the fourth booke of his history of Italy in the discourse which he makes of the Popes of Rome which hath beene expunged by some cozeners amongst other vices and abuses which he observes in the Popedome thiâ is one An earnest and everlasting desire of preferring their children their nephewes and all the rest of their kindred and allies not onely to inestimable riches but also to Kingdomes and Empires And a little after To exalt their kindred and raiâe them from a private state to principalities they have of late yeeres beene the authors of warres and the firebrands of the late combustions in Italy We heard before what the same author told us of the Indulgence money of Leo the tenth how it was bestowed to the use and petty pleasures of his sister Magdalen 19 We will conclude this discourse with a passage out of the same author which will bring us upon another Their study and businesse is not onely saith he speaking of the Popes holinesse of life nor the propagation of religion and charity towards God and menâ but armes and warres against Christians handling sacred things with bloudy thoughts and hands but an infinite desire of money new lawes new trickesâ new inventions to ânhanse their rents from all parts for which ends they shoot out their coelââtiall arrowes they most impudently practise a trade and traffique of all thingâ sacred and profane whereby their riches being augmented to an excessive greatnesse and scattered over all their Court have brought forth pride luxury debauched manners and most abominable pleasures See here the saying of a ringleader and conducter of the Popes army of one who was Leo the tenths favourite 20 Let us paâse a while upon this luxury which he speaks of and set down the complaint which divers others have made against it First that which S. Bernard saith to Eugenius the 3 I doe not spare you here saith hee that God may spare you hereafter shew your selfe a sheepheard towards this people or else confesse that you are not so you will not deny that you are leasâ you should deny your selfe to be his successour in whose See you sit that Peter who for ought that wee know never went adorned with precious stones attired in silks and cloathed in gold mounted upon a white palfrey surrounded with a guard attended with a great many Lackeys and yet for all he had the power without all these to accomplish that saving commandement If thou love meâ feed my sheep 21 Iohn Sarisbury Bishop of Chartres who lived about 1180 saith That the Pope is burthensome and insupportable to all men 3. âe builds Palaces out of the ruineâ of Churches he goes accoutred not only in purple but in gold 22 Marsilius of Padua Let them tell me I pray them with what conscience according to Christian Religion they spend the goods of the poore living after a worldly fashion upon so many unnecessaries in horses servants banquets and other vanities and delicates both secret and publique They I say who for the ministery of the Gospel ought to be content with food and raiment according to the Apostles appointment in the first to Timothy CHAP. X. Of the injust power of the Popes 1 ONe of the maine poynts touching the reformation of the Popes is the unbridled and redoubted power which hee challengeth both in spirituals and temporals considering that hee pretends to have an absolute and soveraigne power over both It were fitting me thinks to set bounds to the plenitude of that power which hath neither banks nor bottome to him that extends his jurisdiction over all the world even as low as hell and purgatory as high as heaven which takes hold of great and small Clerks and Laiques things sacred and profane which hath set all the Church yea all Christendome by the ears together which is the source and fountaine of all our miseries and against which there have beene so many complaints exhibited upon this occasion 2 Paul the thirds Delegates had a touch at this point in their reformationâ In former times say they the truth could not have accesse to the audience of certaine Popes by reason of certaine flatterers which magnified and extended their power too much perswading them that they were Lords paramount of all and might doe any thing what they list from this spring have so many miseries in great flouds overflowed the Church that shee is now quite overborne and drowned See here what they say who were conjured by the Pope upon oath and upon paine of excommunication to tell him the truth of all that required reformation Wee have formerly observed a place in Zabarel of the like straine with this 3 Master Iohn Gerson in his book De potestate Ecclesiae hath the very same On the other side saith hee upstarts cunning and glozing fâattery whispers the Clergy but especially the Pope in the care O how great is the height of your Ecclesiasticall power O sacred Clergy all Secular authority is but a toy in comparison of thine seeing that as all power is given to Christ both in heaven and in earth so Christ hath bequeathed all to S. Peter and his successours So that Constantine gave nothing to Pope Sylvester which was not originally his owne but only restored unto him what he injustly detained from him Againe as there is no power but is of God so there is nothing temporall or spirituall Imperiall or Regall which is not of the Pope upon whose thigh God hath writ King of Kings and Lord of Lords So as to dispute his power is a kinde of sacriledge To whom no man may say Why doe you so although he should exchange purloine of sell all the temporals the goods lands and lordships of the Church Let me be a lyar if all these things are not written by such as seeme to bee wise men in their eyes and if they have not beene beleeved also by some Popes 4 So Marsilius of Padua in many sundry places of his Defensor Pacis particularly in the second part and twenty fifth Chapter They have taken up a title saith he which they arrogate to themselves and which they would make an instrument of this wickednes namely the plenitude or fulnes of power which they say was given to them in particular by Christ in the person of St. Peter as that Apostle's successours By reason of which accursed title and their sophisticall manner of discourse they use a certain captious kinde
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 Menotââ 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
all things as supreme judge to alter the Decrees of his predecessours to abrogate such as are disadvantagious unto him who shall contradict him No King dare intermeddle how great soever he bee and if he do he will but loose his labour We will returne to the dayes of old when excommunications from Rome were so terrible when all things shrunke at the flash of those thunders The Fredericks the Henries the Ludovici Bavari have felt the force of it they have beene abandoned of their subjects their vassals their kindred their allies their owne children they have been troden under foot deposed from their Empyres defamed as heretiques chased like raskals Goodly mirrours to represent to the life to all Princes of Christendome if they were not blinde the miseries that hang over them and their successours 58 Not without good reason did that great devine Marsilius after he had seene all the tragedies in his age acted make a loud out-cry which deserves now more than ever to pierce the ears of Princes I cry aloud saith hee like a trumpet of truth and tell you it is the greatest prejudice that ever was done to Kings and Princes to all people assemblies and languages which the Bishops of Rome with their associats the Clerks and Cardinals have done By this their Decree which is utterly false in all the grounds of it he speaks of the Clementine Pastoralis after he hath urged the words of it they goe about to bring you in subjection to them if you suffer this constitution to prevaile yea if you suffer it to have the power and force of a law For consider that it followes of necessity that hee which hath authority to repeal a former sentence of any Prince or Iudge whatsoever hath also jurisdiction and coactive power over him and further the power of erecting or putting downe his Princedome Now the Bishop of Rome doth challenge to himselfe this authority equally over all Princes and Principalities of the world inasmuch as by virtue of that Plenitude of Power which heâ affirmes to be granted unto him by Christ in the person of S. Peter he hath repealed the sentence of Henry the 7. No man can tell how to give the force of a law to that Decretall which he speaks of better than by receiving the Councell of Trent which expressely confirmeth all the Constitutions of the Popes 59 But it were fitting we here added the examination which the same authour makes of Boniface his Decretall and the Clementine Meruit to shew that the King of France his priviledge cannot choose but be void and that other Princes being the Popes subjects hee must needs bee so as well as they Considering more throughly these kinde of Epistles and Decretals they may seeme to be meere fooleries for that of Boniface obligeth all Princes and people in the world to the beliefe of it that of Clement not all for only the King of Frânce and his subjects are excepted out of it So then there will be some things which some men by authority of Scripture are bound to beleeve upon paine of damnation which other some are not bound to beleeve surely this is not one God one faith all are not bound to goe to Christ in the unity of faith and yet the Doctour of the Gentiles plainely affirmes the contrary in the 4 to the Ephesians Besides we may ask Pope Clement in what sacred sense the King of France and his subjects could merit by their faith not to be bound to beleeve those things which ought to bee beleeved upon paine of damnation either then they merited by their faith to bee Heretiques and Infidelsâ or else the Epistle of Boniface containes a down-right lye and so things which are not true ofttimes overthrow themselves when no body thrusts them Besides there is matter of admiration for other Princes and people who may demand what place of Scripture or what exposition makes them subject to the jurisdiction of the Pope of Rome and exempts the King of France Or why some are more bound to beleeve upon paine of damnation than others For this being like a fiction hath been deservedly much derided and is yet as proceeding from the ambition of them that vent such things and the earnest desire of reigning over Secular Princes and the terrour of the most illustrious King of France 60 Wee will adde furthermore that this domineering power which the Popes have usurped over all Princes of Christendome hath driven them into some heinous injustices as to usurpe their Empires and Kingdomes to raise up war among them to rob them of their inheritanceâ to muster up their own subjects against them to sow quarrels and contentions among them to cause innocent bloud to be shed to abuse excommunications and other spirituall weapons and in a word to exercise an intolerable tyâanny Whereof there are so many pregnant proofs and examples that no man can doubt of it if he be not a meere novice in history or unlesse he have not bin extant in the world in these latter times Neverthelesse I will quote some in the margent to justifie my assertion against detractours CHAP. XI Of the Popes honours WEE will now speak a word or two of those honours which they would have Emperours and Kings and other earthly Monarchs to do unto them whom they make their Lackeyes causing them to attend upon them in most shamefull manner For we are bound to beleeve by the supposititious donation of Constantine that the Emperour Constantine holding the bridle of Sylvesters horse underwent the office of a Lackey Some of the Popes domestiques affirme that Pepin one of our Kings did as much to Pope Stephen the 2. 2 And in the Popes Ceremoniall these Chapters are inserted That Kings and Emperours must hold his stirrop when he gets up or alights from his horse That they must lead his horse by the bridle That if he goe in a litter the Emperours and Princes must carry him upon their shoulders That when he sits down to table they must hold the bason while he washeth That they must carry up his first messe 3 Now these honours are not only set downe in their Books but have been actually proferd and beene admitted and received Frederickâ the first is thought to have fared but ill because he had not well studied this point of civility and duty when Pope Adrian the fourth came into his army for running to the rising stirrop to help him in alighting in stead of going to the other hee is thought to have lost his crowne for it For the Pope was so offended at him and took it out so hainously in point of honour that being desired to proceed to his coronation hee made answere that S. Peter had beene dishonoured in asmuch as the Emperour in stead of holding the right stirrop had holden the left Fredericke being much amazed at that complaint excused himselfe saying That it was for want of knowledge not devotion and that
universall dominion over all the world 11 Afterward hee applyes unto him certaine places of Scripture which speake of God Of whom saith hee it was written by Iob that those which beare up the world stoup before him and that the Kings of the earth are matters worthy of derision that hee onely hath all power the Scripture saith that hee is one and there is not a second and that it was writ to him Thou art alone and there is no man with thee And againe Thou art mighty over all them which are mighty To whom all justice power and Empire doth belong as the Prophet testifies and whom David afterwards meant when he said Hee hath given him the power and the Kingdome and all people and languages are subject unto him And presently after hee saith The greatnesse excellency commodity and necessity of the Popedome is seene in this that as the Philosopher testifies the world could not bee governed if there were not some supreame principality in it Wee must needs come to him onely who directs and governs all particular things by whose managing and disposall all actions of the Hierarchies are ordered that in fiâe the disposall of this lower world may be administred conformably to the Celestiall Monarchy And yet more The power of Iustice would decay witnesse the same Philosopher if there were not one in the world to administer it to all and supply the defects of the negligent And againe There can bee no true nor right Common-wealth if there bee not one above all the rest to guide and governe them Which is the Pope the Vicar of the immortall God Afterwards he ascribes unto him a commutative and distributive justice over the universall world and speaking of this last hee saith that being exercised by him it doth institute and ordaine dignities principalities Kingdomes and Empires according to merits and transferre them from one Nation to another according to their demerits 12 Hee that will not bee content with this may further read the Oration which was spoken in the presence of Pope Pius the second by the deputies of Florence registred in his History by Aâtonine Archbishop of that City for the instruction of posterity Hee may read also that which one Iames de Terano Chamberlaine to Vrban the 6 hath written concerning this point and Avarus Pelagius great Penitentiary to Iohn the 22. Together with other mercenary authours the Popes domesticks who spare no qualities either devine or humane to set forth unto us the power the dignity and the divinity of the Popedome Which authours and others above by us alleadged are so well approved by them that they sleep upon their pillows just as Homers Iliads did upon Alexanders For that same Austin de Ancona out of whom we formerly cited many maximes and those of the finest wâs dedicated by the authour to Iohn the 22 Ann. 1320 and afterwards to Pope Gregory the 13 by a Generall of the Order of the Austin Friers and printed at Rome by George Ferrarius Ann. 1582 with expresse priviledge of the same Gregory And Lancelot Conrade who helps well to build up this divinity and omnipotency out of whom we have cited some passages professed in his Preface that his booke was approved by Pope Pius the fourth one of the authours of the Councell of Trent and one that did the most good there To make this assertion yet more evident you need but read the Index expugatorius set out by the authority of the Councell of Trent where neither any authors of this stampe nor any of their fooleries and impieties are ever condemned but all those who in divers ages have beene so sawcy as to open their mouthes and utter any truth against the Holy See who have gone about to defend the right of the Church of the rest of the Clergy of Kings and Emperours against the tyranny of Rome CHAP. XII Of the complaints and oppositions which have beene made against the Popes dominions over Kingdomes and Empires NOw these great attempts as they have occasioned great mischiefs so have they raised great complaints and just disobediences to their unjust commands Our French men both Lay and Clergy assembled in a Councell at Rhemes about the yeere 870 gave Pope Adrian the 2 to understand who would have put this Realme of France in an interdict and bestowed it upon another by reason of the question betwixt King Charles the Bald and Lewes the son of Lotharius that his attempt was a novelty and unusuall and they would never suffer it For see here the resolution which was sent unto him on their behalfe by Hincmare Archbishop of Rhemes That hee could not be both King and Bishop at once that his predecessours disposed and governed the Ecclesiasticall order a thing which belonged unto him and not the Common-wealth which belongs unto Kings 2 In this action wee may observe a double abuse First that the Pope undertakes to transferre Kingdomes by excommunications next that it is not for any spirituall matter but upon a difference of succession and therefore that assembly added That it was not fitting for any Bishop to say that it is lawfull for him to deprive a Christian of his title so long as he is not incoârigible and the question is not of his personall faults but of the loosing or getting an earthly Kingdome 3 The Emperour Henry the 4 was excommunicated by Pope Gregory the 7 Ann. 166 and Ralph Duke of Suevia set up in his stead by his authority and that because he did not make his appearance before him being summoned upon pretence of Simony which he injustly laid to his charge The quarrell grew betwixt them upon this oââasion that the Pope was elected without the Emperours consent contrary to the ancient custome Whereupon a German Bishop writes thus I read and read againe the lives and Acts of the Roman Kings and Emperours but I never finde that any of them was excommunicated or deprived of his Kingdome before this unlesse we take that for an excommunication which passed in the case of Philip the first Christian Emperour who was put among the penitents by the Bishop of Rome or that of S. Ambrose who prohibited Theodosius the Emperour from comming into the Church because he had murthered many men 4 Godfrey of Viterbe in his Pantheon which he dedicated to Vrbane the 3 saith as much Wee never read that any Emperour before this was excommunicated by the Pope or deprived of his Empire Yet the Abbot of Vsperge saith that there are examples of it and hee urgeth that of Pope Gregory the 3 who caused all Italy to revolt from their obedience to the Emperour Leo whom he had excommunicated and deposed from his Kingdome yet withall hee gives us to wit that hee doth not approve the fact Howbeit saith hee the Popes of Rome challenge this power unto themselves and make their boast that they have done it yet we acknowledge these things came to passe
of that Epistle are no signes of disobedience but testimonies of ardour and affection to the service of Princes which hath often made their subjects speak in this straine 14 This reply was made by the nobility and the three Estates as is testified by the Clergy in their letters to the Pope upon that subject which Clergy sided also with their Prince as it appears by those same letters yet with more caution by reason of the great reverence which they bore to his Holynesse Mr. Iohn Tillet Bishop of Paris speaking of this fact in his French Chronicle The impudence of this man saith hee of Boniface was wonderfull who durst affirme that the Realme of France was a benefice of the Papall majesty But I thinke âhem the greater fooles who dispute the point Whether the Pope hath this power or no he put our France under an interdict for the time but the Bishops tooke the Kings part Marsilius of Padua speaketh of it in this manner Experience the mistris of all things hath showne as much it is not long agoe when Pope Boniface the 8 dared to excommunicate Philip the Faire of happy memory Catholique King of France and put his Kingdome under an interdict together with such of the Clergy as adhered unto him The King on the other side complaining of a certaine ordinance publikely set forth by the said Boniface by the advice of his Cardinals which begun Vnam sanctam containing amongst other things yea by way of conclusion peremptorily determining that all Princes of the world all Commonwealths and Secular persons are subject to the coactive jurisdiction of the Pope of Rome albeit the same Boniface had resolved at the same time to band himselfe particularly against the said Prince and to stirre up against him his subjects and adherents and other Christian Princes and people if death had not hindred him as the eternall truth and the memory of divers yet alive can testifie 15 Ludovicus Bavarus was deprived of the Empire by Pope Iohn the 22 because he had taken upon him the name and title of Emperour and demeaned himselfe as such before hee was approved by the See Apostolique But an Emperiall decree was made thereupon containing That Pope Iohns proceedings were null and that thâ Pope could not attempt such things against the Emperour considering their jurâsdictions are distinct So the German Historian But you must know that there were two Decrees made thereupon by the states of the Empire by the one it is enacted That the imperiall dignity is immediatly from God alone and that he ought to be accounted and called King and Emperour of the Romans meerly for his election that he ought to be obeyed by the subjects of the Empire that he hath full power to exercise all Imperiall rights and doe all other things which belong to a true Emperour and that he needs not the approbation confirmation authority or consent of the Pope the See Apostolique or any other whatsoever The other whereby the processe of Iohn the 22 against Lewes the 5 called of Bavaria is cassed and nullified whereof wee have spoken elsewhere setting downe the very same words 16 This opinion was maintained at that time by divers great Prelats and learned men in the Court of Rome Albericus de Rosate being then present who witnesseth as much in these words I hold saith he thât this opinionâ That the Emperour hath his power from God is more true by right then by the authority of Innocent and others And there was a great controversie concerning this in the time of Iohn the 22 and his successor Benedict betwixt them and Ludovicus Bavarus Emperour elect my selfe being at that time in the Court of Rome But I heard then that some great Prelates and some learned Lay men in both the lawes inclined to that opinion as the truer 17 The same Authour saith in his Dictionary That the Pastours of the Church thrusting their sickle into an other mans harvest made three Decretals concerning that particular One about the election of the Emperour another about the deposall of the Emperour Frederick a third about the dissention and sentence of treason given by the Emperour Henry There is yet another about the oath of alleageance which the Emperour is bound to swear to the Pope and some other power of the Pope above the Emperour Which Decretals God knowes whether they be just or not for my part I thinke none of them are according to law with submission to better advice and under correction if I thinke amisse nay I beleeve they were made against the liberties and rights of the Empire and I hold that the powers are distinct and that they proceed from God 18 Peter de Ferrariis an Italian Lawyer who lived about 1400 speaking of the abuse of excommunication exclaimes thus O poor Emperours and Secular Princes which endure this and other things of this nature and inslave your selves to the Church You see they usurpe upon the world infinite wayes and you never think of any redres In another place questioning whether the Canon law ought to be observed in case of prescriptions after hee had determined for the negative he addes The Emperours doe ill yea very ill to suffer them to have a meere and mixt Empire seeing God said to Peter Put up thy sword into his place thereby expresly forbidding him to meddle in these matters whereto Peter obeyed as Cynus saith in the Authentique Clericus C. de Episcopis Clericis and considering that this concernes the purchasing of Lay mens goods the Pope cannot determine any thing about it for so hee should put his sickle into anothers harvest contrary to the chapter Novit and other such like and the Glosse upon that Extra de Iudie let the Canon law then bee observed amongst the Clergy who carry their conscience in their hoods and loose it when they leave them 19 In another place hee enlargeth himselfe more fully upon this subject commenting upon those words Plenam omnimodam Iurisdictionem The covetousnesse of men saith he is so much inhaunced that they endeavour with all their might to climbe up to jurisdictions honours donations and if it were possible to the thrones of Heaven But they never consider what Tully the Father of eloquence said in his Offices wee ought to take heed of the desire of glory This appetite and desire is so much inlarged that not Layiques only but even great Prelates and Clerks are wholly infected with this vice and malady For you see how the Pope himselfe who should like a true Vicar follow the steps of IESUS CHRIST bestirreth himselfe to seize upon and by force of armes to keepe the jurisdiction of Countries Cities Villages and other places which naturally and ever since the creation of the world and by Christs owne ordinance belong to the Roman Empire according to that Give unto God the things which are Gods and unto Cesar the things which are Cesars Yea
Church and Empire 2 Nicholas de Clemangiis after hee hath discoursed of all the vices of the Popedome and those of the rest of the Clergy which he deriveth like petty rivulets from that great fountaineâ applies in fine the ancient Prophecies to the See of Rome and bespeaks her thus Rowze up thy selfe now at last from thy too long slumber O happy sister of the Synagogue awake one day moderate thy drunkennesse that I may so say wherin thou hast sleeped too long see read and understand this prophet and the rest if yet thy drunkennesse have not quite bereft thee of all sense and understanding if there bee yet any sparke of sound judgement remaining in thee search the words of the Prophets and thence consider thine estate and thy confusion which sleepeth not but is neere at hand Thou shalt see what ends are prepared for thee and how that now is the time that thou crouchest under these villanies with danger but if thou wilt not heare the Prophets nor beleeve that they spoke of thee when they denounced so many miseries thou cheatest and deceivest thy self by a too dangerour errour for it is of thee they spoke and thou may perceive if thou hast not lost all sense that all those curses which are denounced shall fall upon thee But suppose their prophecies aime at another thing what thinkest thou of that Prophecie in the Revelation of St. Iohn dost thou not thinke at least that it concernes thee in some sort Thou hast not so lost thy shame with thy sence that thou wilt deny it Observe it then and read the condemnation of the great whore which sitteth upon many waters there behold thy fine pranks and thy future miseries Besides when thou observest how all Empires and Kingdomes how great large and potent soever they are have beene brought to nought by their pride and injustice when thou seest them turned upside downe and overthrowne and how on the other side thou hast so far abandoned thy humility which was thy foundation and lifted up thy horne so high how canst thou imagine that the foundation of humility being taken up and razed such a great weight of pride as thou hast built thereupon should not fall to the ground It is a long time since thy pride not able to withhold her selfe hath begun to fall downe but slowly and by little and little and therefore the downfall was not perceived by many but now it beginnes to fall headlong and like a torrent 3 Marsilius of Padua after hee hath represented all the Popish usurpations and the indirect meanes which they used at last resembleth the Court of Rome to the Image in Daniel which passage wee will here insert as fitting well with the whole tract concerning the reformation of the Head As for mee which have seene it saith hee speaking of the Court of Rome and who have beene there mee thinks I saw the terrible Image which Daniel tels that Nabuchadonosor saw in a dreame having the head of gold the armes and breast of silver the belly and thighes of brasse the legs of iron the feet halfe of iron halfe of clay for what is that great Image else but the state of the people of the Court of Rome or of the great Bishop who was anciently terrible to wicked men but is now horrible to bee beholden by all good men For the higher members of that Statue to wit the Head the breast and the armes what are they else to the eye to the desireâ and to the embrace but gold and silver and the worke of mens hands the belly and thighes what are they but the noise and din of pleadings and processes for the goods of this world but calumnies and Simoniacall contracts as well of spirituall things as carnall the thighes of brasse what are they but the pompous preparations of pleasures of luxury and all kinde of vanities even such as are not fitting for Lay men which even they do stamp upon the minds of men who should be patterns of chastity and honesty The legs feet and toes of iron upon which the Image stands and which are partly of earth and clay what doe they import but the usurpation invasion and seazing upon Secular Dominions Provinces and Kingdomes by the violent power of armed men and overlaid with iron upon which they beare their superiour members the furnishing with gold and silver which invites the men of warre hereunto the belly also and the thighes of brasse by a promise which is often made both lowd and large by a cheating absolution of their sins and punishments and by an unjust condemnation and curse however harmelesse by âeason of Gods protection of such as stand in defence of their owne liberty and will preserve the loyalty which they owe unto their Princes The basis of the feet and the toes of earth and clay which may therefore be brokenâ what doe they denote but the inconstancy of the Court of Rome what doe they signifie but the open weaknes that I say not the falsenes and unjustnesse of those causes and occasions which the Pope takes to oppresse the faithfull people of Christ But according to the testimony of the same Prophet there must a stone fall upon this Image rent from the mountaine without hands that is a King whom God will raise up having chosen him by his grace from amongst all people giving unto him the power and Kingdome which shall not be transferred upon an other hee I say more by the strength and grace of God than by the worke and power of the hands of men shall first breake in pieces that piece of clay the feet upon which it unjustly stands making the false and unjust pretences or to speake more truely with the Poet those bald occasions appear unto all Princes people discovering their Sophistry refuting them by humane demonstrations and disanulling them by the truth of the holy Scripture And afterwards repelling the iron that is the barbarous and impious dominion and then the brasse that is the authority of reviling against Prince and people which it challengeth hee shall cause the tumults of Secular usurped jurisdictions and by consequence of processes and vexations to be husht hee shall cause the luxury of voluptuousnesse and the pomps of vanity to cease hee shall moderate the gold and silver that is the avarice and rapine of the Pope and those higher members of the Court of Rome and shall allow him the use of temporall things with due moderation 4 A certaine Chronicler writ a pretty while agoe that this King should come of the house of France and the race of Charlemaigne according to that which was prophecied of him Some say saith he that there is another common prophecy that some of the Carolingians that is of the race of King Charles and bloud royall shall have an Emperour of France by name Charles who shall bee Prince and Monarch over Europe and shall reforme the Church and
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 impoveâish 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 juâged 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 pasâe 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
confirm'd by this Councel of Trent The words of the Decree as they are in the French translation by Gentian Hervet Canon of Rhemes are very remarkable It pleased all the fathers to make an end of this holy Councell and that his Holynesse should be desired to confirme it saving only three who said the confirmation needed not be required Wherefore wee the Legats and Presidents conclude this holy Councellâ and desire the confirmation of it from our holy father in as earnest manner as is possible That which is spoken here of those three is razed out of all the Latine copies which were printed since It is a losse that the names of those honest men who were of that sound judgement are not knowne 2 See here a Decree which doth not a little enhanse the power of Rome The Popes heretofore cryed most stoutly that it belong'd to them to authorize and confirme Councels yet for all that no body beleeved them This Councell states the question and will not have any to make a scruple of it hereafter So that if the pope thinke good it is a thing done to his hand there needs no more talking of it As for the Emperour and Kings and Princes and all other persons whatsoever no matter for them they have no more to do but receive what shall be sent them to execute what shall bee enjoyn'd them without making any bones of it referring themselves in all things wholly to another mans trust 3 And the worst of all is that by assembling this power of confirmation the Pope pretends to bee above the Councell For amongst other arguments which the Romish Doctours use to prove the Popes power to be above the Councels this is one that hee conformes and rejects the determinations of Councels To repell this errour wee shall prove three things 1 That in the approving of Councels the Popes have no more authority than other men 2 That the approbation of them made by them in times past hath not wonne them any supreme authoritie over Councels 3 That for point of approbation Emperours and Kings had anciently more power than they 4 For proofe of the first wee say that anciently after the celebration of Councels the Synodicall fathers as also the Emperours were wont to give notice unto those that were absent and to the Provinces of such things as had bin determined in them to the end that they might conforme and give their consent unto them yet so as there can bee nothing observed which makes for the See of Rome in particular This course the Councell of Nice useth towards the Church of Alexandria and the Bishops of Egypt Lybia and Pentapolis as is apparent from that Epistle in Theodoret. Victorius testifies that the Nicene Creed was sent over all the world almost approved of all The first Councell of Ephesus writ in generall to all the Provinces and sent their Canons and Decrees unto them The Acts of the Councell it selfe doe witnesse it wherein the letters directed to them upon that occasion are inserted The Councel of Sardis did the like to the Bishops of the whole Chuâch Catholique whose letters to that effect wee may read at this day The Emperours kept that authority to themselves principally of sending abroad what had beene determined in those Oecumenicall Councels to the intent that every man might become conformable thereunto The letters of Constantine the Great directed to all the Provinces of his Empire to that effect doe fully testifie as much And in stead of doing it by their owne authority the Popes will needs say they did it only as executers of their and the Councels Decrees wherein they have grossely abused those that have been too credulous towards them 5 Provinciall Councels tooke the same course of proceeding and gave notice one to another of their determinations and of the Canons and Decrees which they made to the intent that they might mutually conforme one to another So the Councel of Gangra in Cappadocia did to the Bishops of Armenia So that of Aquileia to the Bishops of the Provinces of Arlesând ând Narbon So that of Valentia to the rest of the Bishops of Gaul and the Clergy and people of Friuli So the third of Carthage to the Bishops of Numidia Mauritania and Tripoly Pope Syricius after he had held a Councell at Rome of eighty Bishops tooke the very same course in acquainting the Bishops of Africa with the resolutions of it as also another Councell holden at the same time at Telense formerly a citie of Italy Pope Damasus with other Bishops Synodically assembled at Rome acquaint the Bishops of Illyrium with the resolution they had taken for rejection of the Councell of Ariminum 6 On th' other side the Councell of Arles holden under Constantine the Great doth the like to Pope Sylvester But to the end that such as ascribe unto him authority over Councels may not wrest it to their advantage I will set down the very words as they are recorded at the beginning of the Councel To their holy brother Sylvester Marinus or the assembly of Bishops that was in the Citie of Arles greeting We signifie unto you of our charity what we by common counsell have decreed to the end that all men may know what they ought to observe for the future There is an ancient Chronicler that relates how when there was a Councell holden at Carthage of two hundred and sixteen Bishops the Synodicall Decrees thereof were brought to Pope Zozimus where being approved the Pelagian heresie was condemned all the world over The Pope hath not yet gained any thing by all this There is nothing for him in particular but here 's it which is presupposed namely that the authorising of the Canons and Decrees belongs unto him alone exclusively to all others Let us evidence the contrary 7 Victorinus testifies that when the determination of the Councel of Nice was sent every where it was approved of by an infinite number of Bishops The Councell of Nice was approved by the third of Carthage in the Acts whereof it is said That the confession of faith made by the Councell of Nice was rehearsed and confirmed The same was done at the second of Constantinople Afterwards they confirmed the Councell of Nice So the Acts. The first of Toledo used the like confirmation as did also the sixth of Carthage as appears by the first and seventh chapters of it Athanasius speaking of the Councell of Sardis saith These things being set downe in writing the holy Councel of Sardis sent them unto those which could not bee there present who by their suffrages also approved the Decrees of the Synod It is good reason the Pope should contribute his authority aswell as others and that he bee not in a worse state than others Pope Sylvester the first in his Synod at Rome confirmed and approved all that was decreed at the Councell of Nice Pope Hilary used the
sufficiently prove it See here the Decrees of it contained in the third Seââion The holy Generall Synod of Pisa lawfully assembled in the name of the Holy Ghost making the Councel General and representing the Church Catholique doth ordaine and declare as followeth First that his holy Synod nor shall nor can be dissolved till such time as the Church Vniversall be reformed in faith and manners as well the Head as the members and till the heresies and schismes which are a growing be extinguished till the warresâ which are a preparing amongst Christians be accorded Yet notwithstanding for the continuation of it it may be removed to a place of safety by the common consent of the fathers especially with our most holy Father the Pope if he can bee got to agree thereuntoâ alwaies provided that it bee not to Rome it being notorious that it cannot bee in safety there It further ordaines that the Canons of the holy Councell of Constance here underwritten contained in the fifth Session thereof shall be strictly obsârved and kept in the same manner that they lye and that the contents of them shall be inserted into this Decree and shall be holden by all men as most true as they here follow First the holy Synod lawfully assembled making a Generall Councell c. Item in the second place it declares that if any man of what condition estate and dignity soever he bee though it be the Pope himself shall with contumacy neglect to obey the edicts ordinances and commands of this sacred Sânod c. These two Decreâs are there inserted at large but we have here cut them short because they are set downe before 6 And forasmuch as our adversaries in this point make such a great matter of the Popes authoritie and confirmation ând place the true validitie of Councels in that we shall make it appeare that it came in at these Generall Councels either in the convocation or the presiâence or the approbation As for the first of Pisa where the roots and foundation of this maxime were laidâ heare what Pope Alexandâr the fift said of it a little before âis death That heâ thought and beleevâd that all that was ordained at the Councell of Pisa was just and right and void of all fraud and deceit Naucleruâ reporteth the same words Pope Alâxandâr the fift saith hâ towârdâ the end of the first yeare of his Popeâship beganne to finde himselfe very ill and perceiving death to draw nâare hee called the Cardinals protesting unto them by that death whiâh hee saw bââorââis eyes which he did no way feare as being confident of his good life that hee verily thought and beleeved that at the Councell of Pisa all things were well deâreed and with integritie of heart without any fraud or deceit 7 That of Constance was called by Iohn the twenty third a lawfull Pope as it is agreed on all sidâs His Bull of Convocation is inserted at large in thâ first Session of the Acts of the Councell he himselfe also diâ preside theâeâ as it is said in the Preface It is true that by reason of the accusation which was a brewing against him he tooke him to his heeles without bidding adieâ and being condâmn'd and deposed by the Councell for many crimes by him committed himselfe approved this condemnation as it is to be seen in the Aâts of the Councell and confirmed by the testimony of Platina Martin the fift being crâatâd in his stead confirm'd the Decrees and Determinations of that same Councell as 't is avouch'd in the last Session 8 The Councell of Basil was called by Pope Martin the fift as it is apparent by his Bull and being not able to goe thither himselfe by reason of his age he sent his procuration to Cardinall Iulian to preside in his place which was afterwards continued by Martins successour Eugenius the fourth The same Eugenius confirmed the foresaid Decree of the Councels of Constance and Basil in expresse termes as is cleare from the sixteenth and eighteenth Sessions Pope Nicholas the fift confirmed also the said Councels of Basil and Lausanne as appeares by his Bull. Thus much of Popes 9 As for Doctours and Commentators both in Divinity and in either Law there are abundance which either in expectation of some Bishoprique or Benefice or because they were the Popes mercenaries have ascribed as much power unto them in their writings as ever they desired yea more than ever they durst arrogace unto themselves but yet there are others beside that have refuted their errours and have taught the pure trâth maintaining the libeâty of Councels and their authoritie over Popes Such are the Cardinall of Cambray Cardinall Cusan the Cardinall of Florence the Bishop of Calis the Bishop of Panormo Mr. Iohn Gerson Chancelour of the Vniversity of Paris Iames Almain Doctor of the Sorbon William Okkam Marsilius of Padua Herman the Monke Iames Paradise of Chartres Ioannes of Paris Doctor of Divinity of the Order of Predicants Immola Ludovicus Romanus Gregory of Heimburg William of Montferrat Vincentius in his allegations and many more CHAP. VI. The opinions of Vniversities touching the authority of Councels and the approbation of Princes and Provinces 1 THe most famous Vniversities of Germany and Poland have also given their opinions upon this point consonant to the Decrees of the foresaid Councels and that at the very time when the Princes of Germany for the good will they bore to Eugenius resolved to carry themselves neuters as in conclusion they did The said Vniversities withstood this neutrality stoutly and strongly laying this for a ground that a Councel is above the Pope which they prove by many reasons and authorities and therefore seeing Pope Eugenius was deposed by the Councell of Basil and Felix the fift elected in his place that therefore the first must be rejected as schismaticall and the last obeyed as legitimate King Charles the seventh favoured Eugenius likewise but so as that he professeth he will stand to the Decrees of the Councell of Basil above all as Nicholas Clemangiis tels us as did also the Princes of Germany But let us heare what the Vniversities say of the power of Councels as for the other heads of their answers wee shall forbeare from relating of them by reason of their prolixity 2 The Vniversity of Cullen being required by Theodorus Archbishop of that Citie to let him know what they thought of it made a litle tract some pieces wherof we will here set downe The first proposition is The Church Synodically assembled hath supreme jurisdiction upon earth to which every member therof ought to obey of what dignity soever he be though it be Papall which no man can dissolve or remove without their Synodicall consent This is proved by the Decrees of the Councell of Constance and Basil. The first part is grounded upon that
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 âestimonies 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 maistâr 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 marâiage 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 âaith 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 subsâstence 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 maâter can eâer doubt but that the whole Church or a firme and subsistant Generall Councel ãâã 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 whâch 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
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 ââur 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 âwelfth 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 Couâcell 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
of Iulian the Apostat whose name thou hast borne for a long time Conveniunt rebus nomina and unfold and display the Apostolicall keyes and the three crownes in the field sleep in the watch-tower God knowes how bravely hee made the crosses crosiers and mitres to clash and flourish in the campe The divell himselfe durst not have come there For benedictions and plenary indulgences à poena culpa marched so thicke as nothing more And to prove this true in the moneth of August last past when I complained to one of the late Pope Leo's Chamberlaines of the inconstancy or rather disloyalty and treason of Pope Leo the tenth who against his faith and promise so solemnly sworne at the Parliament of Boloyne to the most Christian King Francis of France had declared himselfe the Kings enemy wondring with my self at the litle fidelity and loyalty of the moderne Popes more especially of the two last Iulius the Genoois and Leo the Florentine considering that in former times the Popes would have chosen to suffer death rather than breake their promise he swore and protested unto me that when Ferdinand King of Aragon came out of his countrey of Spaine into the City of Savoy the same Pope Iulius had sent him an absolution from the treason which was then hatched and plotted to cozen King Lewes of France He speaks more of this point than I was aware of for he joynes Leo the tenth with Iulius And if I were not afraid to be cenâured that I went about to expose the personall vices of this Leo contrary to my protestation I could here represent him all loaden with vices and crimes It shall suffice me to referre the reader to those that have spoken of his life and amongst others to Langius a German Monke 27 See here then the two authors of this Councell of Lateran which is now opposed against the first and second of Pisa those of Constance Basil Siena and Lausanne and against our Pragmatique Sanction The former called it and the latter continued it The former triumphs victoriously over the Councell of Pisa and the latter over the Pragmatique Sanction and together with it over the Councels of Basil and Constance if wee may beleeve them in this point and let them alone here Wee may then affirme that this Councell of Pisa was lawfully called and upon just and necessary causes and on the other side that this of Lateran ought to bee reputed schismaticall and illegitimate being it was assembled by a Pope doubly perjured and contumacious onely to serve his owne passion to decline a reformation and live in disorder to make a mocke of that laudable designe of the Princes and Clergy who dreamed of the good of Christendome But the French are unworthy the honour of their nattion if they do not for ever detest and abhorre this pretended Councell which did so much mischief and trouble to that great Prince Lewes the twelfth which did anathematize him and interdict his kingdome which raised up armies on all sides to assassinate him which made the fields blush with bloud which caused the townes and kingdomes that did him homage to be invaded which pronounced a nullity and flaw against that which was ordained and decreed at the Councell of Pisa by the most famous Prelates and Vniversities of this Realme 28 Signauter dico which did interdict both the King and Kingdome for it is not Iulius alone but all his Councell In the third Session whereof was that thundering Bull of his made which remaines there yet all entire Out of which I have collected this piece With the approbation of the sacred Councell we condemne reject detest and declare to be void invalid and of no effect all the acts facts gests and writings published and ordained by the children of damnation Bernardin Caravaial William Brizonnet Renald de Pria and Frederic de Saint Severin heretofore Cardinals together with their favourers abettours and complices Schismatiques and Heretiques who endeavour to breake the union of the holy mother Church by the Conventicles of Pisa Milan and Lyons We doe likewise with approbation of the same Councell which hath full cognizance thereof renew our letters whereby wee have interdicted the Kingdome of France because of the approving favours assistance and adherence of the said King of France and other Prelates Officers Nobles and Barons of that Realme unto those schismatiques and heretiques for the keeping and continuing of that damned and reprobate Conventicle of Pisa. And we submit unto this interdict the said Kingdome with all the townes territories cities and other places whatsoever 29 I am not ignorant that after this Pope was dead the same King Lewes who had approved the Councell of Pisa by his letters patents of the 16. of Iune 1512 verified in Parliament came afterwards to dissolve and renounce it that he might joyne with that of Lateran which had changed the master and that because of the good affection which Leo the tenthâ the successor of Iulius shewed towards him I know likewise that the Concordat betwixt the same Leo and King Francis was afterwards made which is recorded in the eleventh Session of that Councell and that afterwards in the same Session the abrogation of the Pragmatique Sanction and the Councell of Basil for as much as concernes the power of a Councell over the Pope was concluded But I answer that this Councell of Lateran was then but a meere Conventicle considering it had in all but sixteene Cardinals and what Patriarchs what the Popes assistants oâ Orators but eleven with fifty three Bishops one Abbat and foure Generals Of which it was said by the Vniversity of Paris in the Act of Appeale put up by them That it was not assembled in the name of the holy Ghost This we urge of purpose against Bellarmine who holds that the Councell of Constance was not Oecumenicall for what concerns the Decrees of the fourth and fifth Sessions though there were to the number of two hundred Fathers because some schismaticall Bishops were absent Besides it is certaine that the abrogation of the Pragmatique and the Councell of Basil as touching the power of Councels over the Pope was never approved in France no more than in other places and this was it was disputed at the time of the Concordat and which they would never yeeld to 30 For proofe hereof there needs no more but the reading of the opinions of certaine Bishops in that Councel which are set downe in the eleventh Session then when that point was canvassed After the reading thereof say the Acts their fatherhoods were asked whether this Concordat pleased them They said all plainly that it pleased themâ except the reverend Father Domenic Bishop of Lucerin who said the things contained in the Bull pleased him alwaies provided that the French accepted the other Bull containing the repeale of the Pragmatique Sanction Two other Bishops were of the same opinion but all the rest went along
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 âary 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 fâllowing 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
is presently added Vnlesse it be otherwise declared by the See Apostolique So that by this meanes all depends upon the Popes pleasure CHAP. V. Of the residence of Bishops and approbation of the causes of their absence 1 IT was usefully ordained by this Councell that Bishops and other Prelats should reside upon their Bishopriques and prelacies But yet when all comes to all there is a dash with the pen that spoiles all for the judgement to bee passed upon non-residents is reserved to the Pope It is he too that must dispense with their absence and approve the causes of it These three points are specified in the Decrees of the Councell so that the authoritie both of Metropolitans and Princes is devolved upon the Pope And hee that considers all shall find that Kings and Princes suffer a mightie prejudice by this meanes They shall not have the power to aid themselves with so much as one Bishop for the affaires of their Stateâ and have them neare their person to take their counsell and good advice unlesse the Pope please 2 This is not all The Popes will take order well enough that there bee ever some to depend upon them and such as may bee their creatures so that as many Bishops as are neare to Princes so many enemies to them They will bestow whom they thinke fit in other places to contrive plots and projects get them to Rome to make their abode there so long as their busines requires traverse the Provinces reside where they shall thinke expedient And in case that either upon the Princes command or upon any other occasion one of these Bishops shall venture to absent himselfe by virtue of this Councell the Popes shall have power to deprive him of his Bishoprique and put another in his place for that is said in expresse termes 3 By the lawes of the ancient Emperours a Bishop might not absent himselfe from his Bishoprique without the leave of his Metropolitan or the command of his Prince Iustinian decrees thus Wee forbid Bishops to leave their owne Churches and goe into other Provinces But if so bee there bee any necessitie of so doing they shall not goe without the Patriarch or Metropolitans letters or without the command of the Emperour 4 Our Kings of France have alwaies reserved this authoritie and prerogative unto themselves to determine of the residence of Bishops to compell or cause them to bee compel'd by their officers to feed their flocks and wait upon their Churches when need required and that by seasing upon their temporals to call them from Rome to returne into France to dispense with them and approve the causes of their absence We will quote some passages to thiâ purpose 5 Lewes the eleventh in an Ordinance of the eight of Ianuary 1475 makes this narration When any questions or differences come upon us as well concerning the state of the Church of our Kingdome as other our affaires we that ought to have recourse to them cannot be assisted aided or advised therein by reason of their absence where wee and the Common wealth are ofttimes much interessed Then after he ordaines in this manner Wee will ordaine and declare by these presents that all Archbishops Bishops Abbats Prelats and others that hold any dignities within our Kingdome and do dwell and reside out of the bounds and limits thereof and out of our obedience doe repaire and returne within five moneths after the publication of these presents unto their benefices within our said realme or unto some one of them if they have any more and there make continuall residence there to celebrate and continue divine service as belongs unto them and as they are bound to doe As also to the end that they may serve and assist us in our Councels and otherwise to the behoofe of us and the Common wealth of our said Kingdome when need shall be And this upon paine of being deprived of the temporals of their said benefices 6 Henry the second in an Ordinance of the first of May 1557 directed to the Court of Parliament of Paris Wee command charge and enjoyne you by these presents that in our name you enjoyne all Archbishops Bishops Prelats Curats and others that have cure of soules within our jurisdiction to retire every one to his Archbishoprique Bishoprique Cures and other livings and to make personall residence upon them and to preach and declare or cause to be preached and declared the word of God c. And where they shall refuse so to doe that you cause the fruits profits and emoluments of the said Benefices to be distrained and seised into our hands 7 Charles the ninth by his Ordinance of the first of Aprill 1560 ordained the very same thing both for residence and for the disseisin of temporals but with this exception Saving and excepting the Archbishops and Bishops that are of our Privy Counsell and others imployed in our service out of the Realme for the weale publique thereof during the time that wee shall make use of them whereof our Bailifs and Stewards or their Lieutenants of that jurisdiction where the said Archbishopriques and Bishopriques doe lye shall give us notice presently after The same Prince in the fift Article of the Ordinance of Orleans doth enact concerning Archbishops Bishops Abbats and Curats that have many benefices That residing upon one of their benefices and doing actuall service there whereof they shall make good proofe they shall be excused from residing upon their other livings 8 But see here a thing to be observed namelyâ that the States of Blois holden in the yeare 1579 knowing the prejudice which this Councell had done to the liberties of France in this regard thought it reasonable to provide otherwise for the approving of the causes of non-residence than it had set downe For it is enacted in the fourteenth Article of the Ordinance made by King Henry the third upon the complaint of the said States That all Archbishops and Bishops shall be bound to reside upon their Churches and Diocesses and according to their ability to discharge their duties in person From which residence they shall not be excused but upon just and reasonable causes approved by law and such as shall be certified by the Metropolitan or senior Bishop of the province Otherwise if this be not done besides the penalties ordained by Councels they shall be deprived of all the fruits issuing in the time of their absence Which shall be seised and taken into our hands to be imployed in the reparation of ruinous Churches almes to the poore of the places and other charitable uses By this Ordinance the Metropolitan gives the certification and the Kings officers the judgement in causes of absence without reserving any thing to the Pope Nor is this law peculiar to our Kings but common to them with all other Princes as it shall appeare by what we shall speake of it in another place CHAP. VI. Of
the frequency of Councels 1 IT is a great advantage which the Pope hath got that there must bee no more Generall Councels but when hee pleaseth For loe here the Decree of our Councell If it chance that there bee any things which it thinkes there are not that require further declaratioÌ or determinatioÌ besides other remedies appointed in this CouÌcel the holy Synod trusts that the most blessed Bishop of Rome either by calling forth those whom he shall think most fit to treat about such a businesse out of those Provinces especially where such difficultie shall arise or by the celebration of a Generall Councell if he thinke it needfull or by any other more commodious way as he shall think good will take care that the necessities of the Provinces be provided for for Gods glory and the Churches peace 2 This is all one as to make the Pope past breeching past tutoring and correction to take away that frequent celebration of Couââels and leave the convocation of them to their courtesie is as much to give the rod wherewith the master hath whipt him into the Schollers hand to doe what he please with it The Popes when they were monstrously debauched in a monstrous fashion and given over to all manner of vices abominations and impieties were curb'd and brought under to some discipline by the Councels of Pisa Constance Siena Basil Lausanne and the second of Pisa. Where many of their Popes were deposed where many good rules were made for the holding of Councels tending principally to the reformation of the abuses of the Pope and Court of Rome where it was religiously ordained that Generall Councels should be called and celebrated every ten yeares and that in such sort as the Popes might not prolong the terme but might abridge it if need required See here the very words of the Decree of the Councell of Constance We ordaine and decree by this perpetuall Edict that from this time forwards Generall Councels shall bee holden in this manner The first that shall be held after this shall be within five yeares next following and the next after that within seven yeares immediately reckoning from the end of the former and alwayes after from ten yeares to ten yeares for ever And afterwards Which terme the supreme Bishop may abridge upon some occasions which may come to passe with the advice of his brethren the Cardinals of the holy Church of Rome but he may not protract it in any wise 3 This same Decree is set downe word for word in the first Session of the Councell of Basil and confirmed by it And in the eleventh Session is added this exposition of it This holy Synod doth further declare that these words of the Decree That it cannot be prolonged in any wise ought to bee understood by way of forbiddance or prohibition in such sort as it cannot bee prolonged even by the Pope himselfe It is the third time repeated and confirm'd in the sixteenth Session These same Decrees of these two Councels are transcribed word for word into the second of Pisa at the beginning and confirmed by it Antiquity shewes us plainly that after the Christians were at liberty Generall Councels were very frequent 4 The fruit that springs from the frequency of these Councels is recommended unto us by the Decrees above-mentioned where it is said that it is the principall tillage of the Lords field that it extirpates heresies schismes errours corrects excesses reformes what is amisse makes the vineyard of the Lord fertile Whereas the cessation of them on the other side produceth quite contrary effects as it is there delivered with this addition That the memory of times past and the consideration of the present made them eye-witnesses of it Whereunto we will adde the testimony of Mr. Iohn Gerson There never was heretofore nor ever will bee hereafter a more pernicious plague in the Church than the omission of Generall Councels whether in the matter or in the authority And in another place If so great and such enormous dangers have befalne the Church of God since the celebration of Generall Councels hath beene intermitted it is easie to see how usefull and commodious the frequent celebration of them would be 5 He is a very novice in the history of later times which knowes not the shifts and evasions which the Popes have used about the holding of Generall Councels even after they have by solemne oaths bound themselves to hold them and the wiles they have used to disanull and dissolve them the bickerings and disputes they have had with Councels themselves about that matter whereof we make mention in divers parts of this discourse The same Gerson witnesseth as much in saying that the Popes abuse the plenitude of their power in that they will not celebrate Generall Councels 6 Everard Bishop of Salisburg in an Imperiall Diet of Germany holden about two hundred ââares agoe speakes thus of this matter He that is the servant of servants desires to be the Lord of Lords as if he were a God hee sleights sacred assemblies and the advice of his brethren yea of his masters he is afraid lest he should be constrain'd to give account of those things which he commits dayly more and more against the lawes 7 Zabarel Cardinall of Florence who writ a little before the Councell of Pisa saith The ancient custome was that all difficult cases should bee determined by a Councell the convocation whereof was frequent But in after times certain Popes that have governed the Church rather like earthly Princes than like Apostles never tooke any great care to call them From which neglect hath sprung much mischiefe 8 Iacobus de Paradiso saith They tremble to heare any man speake of the calling of a Generall Councell knowing by experience that Councels doe not deale gently but correct and amend without respect of persons And indeed the Emperours and Princes who in these later times had quite let goe the reines of Ecclesiasticall discipline through ignorance of their right were forced to resume their authority and proceed to the convocation of Councels against the Popes will 9 So that it is but a cheating of Christendome above board to leave the judgement of the necessity of Generall Councels to the Popes will and pleasure abolishing by this meanes the good order established by the Councels aforesaid which was received and confirm'd by our Pragmatique Sanction where the said Decrees are transcribed word for word Which gave occasion to King Charles the ninth to require by his Ambassadours at Trent the celebration of Generall Councels every ten yeares as appeares by his demandsâ to which no regard was had because this intrencht upon the Popes authority who by this kinde of suppression of Generall Councels hookes all the power of them unto himselfe CHAP. VII Of the Iesuites 1 THe Order of Iesuits instituted by the two Popes Paul and Iulius the third the
let him remember how the Popes opened the veine how they lighted the candle how they sung the Te Deum at the murther of our Kings how they would have turn'd our state topsâe turvie that they gave the greatest blowes to it that the champions we speake of did wonders there and made their names immortall 5 Great Prince your Majesty needs not feare any of this being protected by the particular care and extraordinary favour of God which overshadowes it and makes it redoubtable to all your enemies for your valour your power and your trophees being cherished by a Clement truly âlement But Sir what shall become of your poore posterity what hope of safety doe you leave to them what meanes of refuge having the rat in the bag the serpent in the bosome the powder in the pistoll or to speake more properly in the foure corners of France to which an Inclement will easily give fire But I come to their maximes They being servants and slaves to the Pope cannot bee good subjects to their Princes for they professe themselves exempt from their subjection and avouch as much of all other Clergiemen to make their party the stronger 6 See here an Aphorisme which Emanuel Sa the Iesuite sets downe in his booke intitled Aphorismi Confessariorum printed at Anvers the yeare 1599 and afterwards at Paris this present yeare 1600 after he had studied the point forty yeares as he professeth in the preface The rebellion of a Clergyman against the King is no treason because he is no subject For as much as they make profession of this rebellion they provide for themselves beforehand by such like axiomes as these They make maximes in State affaires even such as respect the persons of Princes and occasion their subjects to make conspiracies and enterprise upon their lives Loe here one He that governes the Realme or Dominion which he hath justly got in a tyrannicall way cannot be deprived of it but by a publique judgement But the sentence being once past any man may be the executioner of it He may be deposed even by the people that have sworne perpetuall allegiance to him if he doe not amend after he hath beene admonished But he that tyrannically usurpes the government may be killed by any of the people if there be no other remedy for hee is a publique enemy See here another of the like straine The Prince may bee deprived of his dominion by the common wealth either for his tyrannie or if he doe not doe his dutie or if there bee any other just cause and another may be chosen in his stead by the major part of the people 7 Let every man bethinke himselfe whether these Maximes have not been practised in our France and let him adde to all this the excommunication of a Pope incensed against some Prince whom he will declare by his Buls to bee a tyrant or heretique and he will easily judge whether he that shall be pronounced such ought hereafter to thinke of any thing but the sepulchre of his ancestors to procure that he may obtaine it at least In my opinion if our Iesuites deny to speake roundly and say 't is a meritorious worke to kill him it is lawfull for any man to execute the sentence Yet this is the doctrine which they teach their disciples confessed by Iohn Chastel registred in the Arrest of this venerable Parliament of the 29 of December 1594. the words are these Hee said at the same examination that it is permitted to kill Kings and that King Henry the fourth now reigning is not in the Church till such time as hee hath got the Popes approbation Confessed likewise by William Parry executed in England Confessed by Peter Panne the Iesuits of Dâwayes emissarie to assassinate Prince Maurice giving unto the Governour or Rectour of that Colledge the honour of that doctrine which he had learned from him Maintained in a publique writing made by Mr. Allen Principall of the Colledge of the Seminary at Rhemes declaimed in their ordinary talke in their solemne orations whispered in the eares of those that come to them for absolution and infused into their soules as it is declared by those true discourses made upon that subject by the finest wits of France 8 Let us run over the other maximes which concerne the present state of this Kingdome and judge whether they tend to peace and quiet If Luther say they in their Cullen censure had beene rooted out by fire and sword fortie yeares agoe or if others had beene so dealt with peace might by this meanes be restored to the Church 9 Father Emond in a booke of his printed at Paris by Sebastian Nivelle the yeare 1568 and by him dedicated to King Charles the ninth with this inscription The Pedagogue of Armes To instruct a Christian Prince to undertake a good warre well and accomplish it with successe to be victorious over all the enemies of his State and of the Catholique Church gives us other rules which have beene put in practice See here some of them 10 That warres have beene alwayes accounted not onely profitable but necessary 11 That the Pope is bound to take armes against heretiques 12 That to a Monarchie undertaking such a warre a man cannot urge any of his former Edicts or Ordinances 13 That no man how potent soever he be can contract with an infidell or one that hath revolted from his conscience Hee gives this reason For what King is there how redoubted soever he be that can without villainously falsifying and breaking his oath made to God permit and give leave to the enemies of all truth and condemn'd by the generall sentence of all the world to soâ heresies in his countries and allure soules Hee addes further That what conditions of peace so ever he can grant unto his rebels in this case will not endure long But it will behove him not to awake such strong and potent enemies that to make a peace with them at last hee must resolve to make a good warre And anon As oft as by the Articles of peace licence is granted to every man to adhere to which of the two opposite parties he please without being offended at it it is all one in my opinion as if one should cast a man into the fire and forbid him to burne himselfe 14 In the seventh Chapter he saith If such persons were infidels or heretiques I would never excuse the Monarch that having sufficient means in his owne hands should not essay by all wayes even of fact to reclaime such a kennell or drive them farre out of his countrey out of the territories of Catholiques And so much the more roughlie ought he to proceed against them as hee knowes them perverse in all respects and of the Huguenots stamp which should be accounted the most pernicious most devillish upholders of lies that ever rose up against the Church 15 After he hath
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 âuffragans 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 consisâed of one hundred fiftie three Bishops Religious persons and Abbats gave the right and power of electing the Pope ânto 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
summe of money which the Popes were wont to pay the Emperours for their Ordination Yet so these are the very words as he that is elected shall not be consecrated till the Generall Decree bee first brought unto the Royall City of Constantinople according to the ancient custome to the end that the said consecration may be performed with his consent and command The words according to the ancient custome are worth the noting to shew that this was no new established thing for the Emperour had both the right of the one and the other so saith the Glosse that is both of receiving something at the election and of granting the confirmation of it But the example of Pope Vitalianus who is spoken of in the same Canon makes the point clearer Vitalianus according to the custome sânt his Legats with a Synodicall epistle towards the royall City to the most pious Emperours to give them notice of his institution Now this Vitalianus was promoted to the See in the yeare 1657 under the Emperour Constantine the third who reigned together with his brother Heracleon as the Archbishop of Cosââââ tels us who relates the very same story 11 Boniface the first entreated the Emperour Honorius by his letters and Ambassadours to see that after his death the eleâtion of the Popedome were made without contentions and corruptions See here the inscription of the letter which hee sent unto him which wee read at this day in Isidores Decree printed at Paris both in a great and lesser volume the yeare 15â4 and 1535â and afterwards at Cullen in 1567. Here begin the Decrees of Pope Bonifaceâ The epistle wherein hee entreateth the Emperour Honorius to see that hereafter after the election of the Pope bee not carried by canvassing at Rome After this letter of Boniface follows the Emperors answer with this inscriptioÌ The Constitution of the Emperour Honorius sent to Pope Boniface wherein hee ordaines that if hereafter two Bishops bee created at Rome the one or other of them shall bee driven out of the Citie And the text sayes thus Let every man know that these canvassings must be left off But if peradventure by reason of the remeritie of the factions there bee two chosen against the law wee will not that either of those two bee the man but that hee alone shall enjoy the See Apostolique whom the judgement of God and the consent of the world shall chuse 12 Wee will urge the examples of Pope Symmachus and Gregoriâ the Great out of Marsilius though wee could take them out of the authours whence hee had them The like we read saith hee of Symmachus borne in Sardinia for he being elected by discord together with one Laurentius was confirmed Pope of Rome by the judgement of King Theodoric Hear what Martin saith also of St. Gregorie Hee was chosen Pope saith hee and the Emperour Maurice gave his consent by his Imperiall letters Others say that St. Gregorie would not receive the consecration till such time as hee had the Emperour Maurice his consent 13 There are two things especially objected against all this First the disclaime which is said to be made by Lewes the Gentle King of France and Emperour of Rome by an expresse compact made betwixt him and Pope Paschal whereby hee promiseth That none of his Kingdome French man or Lombard or of any other nation within his dominions shall have any power or leave to doe against the Romans privately or publiquely or to proceed to any elections suffering them to consecrate him whom they have elected with concord and common advice sending Legats unto him and his successours the Kings of France after the consecration to make peace and amitie with him In the second place is objected the constitution of the Emperour Henrie the first where it is said That none sent by us shall bee any impediment to the election of the Pope of Rome Which makes Gratian conclude that From these Ordinances and from the compact of the Emperour Lewes it appeares that the Emperours have renounced those priviledges which Pope Adrian granted to the Emperour Charlemagâe and in imitation of him Pope Leo to Otho the first as touching the election of the Pope of Rome And this is now adaies taken for Oracle and followed yea practised 14 There is nothing more easie than to discover here errours and falsities both at onâe Divers learned men of this age have undertaken to prove that this pretended compact of Lewes is spurious as well as the Donation of Constantine And one of the maine arguments is because there are two evidences of this imaginarie agreement produced the one different from the other both in words and substance yea even in matters of greater moment In one place it containes a donation of the Citie of Rome and many more in Italie unto the Pope Whereas notwithstanding all Histories teach us that they never pretended to the dominion of it nor became Lords of it tilâ in later times they tooke it into their hands by usurpation Adde hereunto that ancient Historians some whereof were contemporaâies and familiar with this Emperour speake not a word of it though they set downe his life even to the smallest particulars But let us grant them this that this instrument is true be it never so false What doe they gaine by it for the election of Pope Leo the seventh by whom the power granted to the Emperour Otho the first and his successors of instituting the Pope and all other Archbishops and Bishops is much yonger and it is a common rule That the latter lawes derogate from the former Which will serve also for an answer to the constitution of Henry the first inasmuch as the fore cited Synod was after it too For this Emperour reigned about the year 920 and the fore-mentioned Synod was holden about the year 937. 15 But see yet more law After all this Pope Stepheâ the ninth who lived about the year 1057 under the Emperour Henry the second ordained that there should bee no consecration of the Popeâ unlesse it were in the presence of the Emperours Ambassadours according to the custome and forme set downe by the Canons And after that yet Pope Nicholas the second having caused a forme of the Popes election to be prescribed by a Councell of Lateran holden the yeare 1059 in such sort as that it must bee done by the Cardinall âishops and Cardinall Clerks so they called them in those dayes with the consent of the rest of the Clergy and people hee addes Saving the honour and reverence due to our welbeloved sonne Henry King at this present and who will beâ Emperour ere long 16 And this is so true that even his successours used to do so till Pope Gregorie the seventh who came to the Popedome in the yeare 1073 who received also his confirmation from the Emperour Henrie the fourth witnesse Plâtina In fine saith he after divers embussyes both upon one
investitures of Bishops without Simony He saith also that Pope Iohn confirmed the investiture of the Bishoprique of Liege which King Charles had granted to an Abbat whose name was Richard 9 An infinite number of Historians and other ancient Authors besides doe testifie that the Emperours bestowed Bishopriques and Abbeyes and gave the investitures of them I shall content my selfe with putting down some of theââ in the margent without relating what they say of it considering it is a thing sufficiently knowne 10 The Emperours enjoyed this right peaceably without any controversiâ till the time of Gregory the seventh who though himselfe had received his confirmation from the hands of Henry the fourth as wee have said yet with the advice of a Synod he thundered out an excommunication against all Emâperours Kings Dukes Marquesses Earles and other secular powers or person who should adventure to conferre investitures of Bishopriques and other Ecâclesiasticall dignities and against such as should receive them at their handsâ Which Decree serves now adaies for an inviolable law unto his successours being inrolled in their bookes And wee may truly say this was the flame thaâ gave fire to those seditions warres and other bickerings betwixt the Pope and Emperours which have consumed all Christendome and which engenâdred nought since but disorder and confusion 11 I will not stay to relate the histories of all that hath passed concerning this subject because they are sufficiently knowne to every bodie save onely what passed betwixt Pope Paschall the second and the Emperour Henry the fift whom they hold to have renounced this right to the prejudice of his successours This Pope made an obligation to this Emperour about investitures in these termes Pope Paschal granteth unto the Emperour Henry and to his kingdome as his priviledge inviolable and in the person of the Bishop or Abbat elected freely without Simony the same will corroborate and confirme with consent of the said Emperour that it shall belong unto the said Emperour to invest them by giving of a ring and crosier staffe and that the Bishop or Abbat thus invested shall freely receive consecration from that Bishop to whom it shall belong to give it But if any be elected by the Clergy and people unlesse he be invested by the Emperour he shall not be consecrated by any man and the Archbishops and Bishops shall freely consecrate those that are invested by the Emperour Hee set out another Bull and constitution besides pretty large containing for substance the same with the former script which we read in histories entire 12 All this is now condemn'd as a nullitie and accused of force and violence being made by a prisoner and captive Pope Besides the repeale thereof is alledged which was made presently after by the Councels of Lateran and Vienna under the same Pope and almost at the same time That of Lateran calleth this priviledge granted unto Henry a praviledge playing upon the word condemnes it casseth and declares it a nullitie yea and excommunicates it We condemne it say they we judge it null and utterly cashiere it and for feare lest it should have any authoritie and eâfâcacy wee absolutely excommunicate it That of Vienna useth the like condemnation and goeth yet further declaring investitures to be hereticall Behold the words Following the authority of the Church of Rome wee judge investitures of Bishopriques Abbeyes and other Churches to be a heresie It pronounceth also the same Emperour accursed We excommunicate him saith it wee anathematize him and cast him out of the bosome of the holy mother Church 13 Such was the fury of the See of Rome against this poore Emperour that the Legats trotted over all parts of Christendome to cause the like excommunications to proceed against him as an ancient writing testifies which Mr. Francis Iuret hath inserted in his notes upon the Epistles of Ivo Bishop of Chartres The yeare one thousand one hundred and fourteene Cono Bishop of Pilastrine and Legat of the See Apostolique did anathematize the said King Henry at Beauvais at a Councell by him there holden and at the next Lent He condemned the same Henry in a Councell holden at Rhemes Conon condemned King Henry at Cullen in the Church of St. Gereon Conon condemned the same King in a fourth Councell holden by him at Chalons 14 See here is enough to put him in a fright but they must trouble England too about it For Anselme Bishop of Canterbury having received the decree of the Councell of Lateran did his endeavour to make it be observed by degrading certaine Abbats and Priours who had taken their investitures from lay hands 15 This poore Emperour abandoned almost by all the world and combated even by his owne subjects especially by the Clergie was constrained to renounce the right of his predecessors and to quit claime the investitures to the Pope by a goodly declaration which he made concerning it see here the words I Henry by the grace of God Emperour of Rome for the love of God of the holy Roman Church and of Pope Calixt and for the benefit of my soule doe restore unto God and to his blessed Apostles Peter and Paul and to the holy Catholique Church all kinde of investiture made by the ring and the staffe and permit that elections and free consecrations be made in all Churches The Pope on the other side made this declaration unto him Calixt servant of the servants of God to his welbeloved sonne Henry by the grace of God Emperour of the Romans I grant that the elections of the Bishops and Abbats of Germany which belong to the Empire be made in your presence without Symony and violence to the end that if any discord chance to arise betwixt the parties you may give your consent and assistance to the sounder side by the Counsell or judgement of the Metropolitan and Provincials And that hee who shall bee elected may receive from you the Royalties by the Scepter excepting all such as belong to the Church of Rome and that he doe unto you all which he is bound by right to doe And hee that shall be consecrated in other parts of the Empire shall be bound to receive the Royalties of you by the Scepter within six moneths Hee calls the fiefs and other rights which the Bishops hold of the Empire Royalties 16 The question is now whether this renunciation be valid and whether it could prejudice his successors No good lawyer will ever pronounce for it First in as much as the Councels aforesaid cancelled the obligation of Pope Paschal as made by impression and violence this renunciation of the Empire stands void by the same reason considering he was brought to that extremitie by the noise of those thunderbolts hurled by the See of Rome in all parts of the world and by the revolt of his subjects seduced by the abuse of these spirituall remedies and by the warre which was stirred up against him to preserve and
staffe and ring In the yeare one thousand one hundred twentie five hee bestowed foure Bishopriques more 7 William of Newburie both Doctour of Divinitie and an Historian proves in like manner of King Richard the sonne of Henry the second who raigned about the yeare one thousand one hundred eightie nine First of all saith he this new King was so affected that by his meanes many Churches which were vacant of England were provided of Pastours Richard of Ely the Kings treasurer was preferred to the See of Lincolne Godfrey Lucy to the chaire of Silchester William Longchampe the Kings Chancelour to the Bishoprique of Ely Hubert Deane of Yorke to the Church of Salisbury hee bestowed also the Metropolitan See of Yorke upon his brother Ieffrey 8 The yeare one thousand two hundred and seven Pope Innocent the third would have perswaded the Monkes of Canterburie to chuse one Stephen Langton for their Bishop but they replyed that it was not lawfull for them to doe so without the Kings consent But the Pope having injoyned them under the paine of Anathema they were compell'd to consent unto him so and so though with a great deale of murmuring Which being done the Pope writ unto King Iohn a soothing letter to get him to approve of it But he being offended thereat Commanded that all the Monks should bee drawne out of the Monasterie of Canterburie as guiltie of high treason yea and that they should be chased out of his Kingdome 9 In the yeare one thousand two hundred fortie and five Henrie the third King of England Having received a foule injurie done as he thought both to him and his forasmuch as many Bishops were created in England without his consent hee sent Mr. Lawrence de St. Martins his Proctour to the Court of Rome to make complaint of it and plead the right which hee had thereunto from all antiquitie 10 One Mr. Richard de Witz having beene elected Bishop of Chichester by Innocent the fourth who was then at Lyons To the intent that such an injurie done to the King might not passe unpunished saith an English Historian hee was justly deprived of a Baronrie which belonged to the Bishoprique 'T is true it was restored a long time after by meanes of the earnest intercessions which were made thereupon There are infinit examples of this nature both in these authors from whence wee have taken the former and divers others 11 Wee will here observe that our Popes have elsewhere testified in their owne books how the right of bestowing benefices and Prebends which belongs unto the Kings of England in capite during the vacancie of the Bishoprique This wee read in a Decretall of Alexander the third in these words The said Bishop being deceased and the revenues of the Bishoprique being come unto the Exchequer a certaine Prebend chancing to bee void our wel-beloved sonne in Christ Henrie the illustrious King of England hath bestowed upon Thomas his Clerk This Decretall was extant in the title De jure Patronatus after the chapter Praeterea in the third booke of the Decretals as I have seene in an ancient Manuscript which is in my custodie One of our Doctours witnesseth also that it was anciently there and afterward expunged A learned Spanish Bishop publisht it since by adventure without ever thinking upon it for he had no intention to harme the Pope 12 Our Doctour of the Civil law beare witnesse of the rings of England affirmingâ that this eight belongs unto them and determining also that it is a thing which may bee done They say as much for the King of Hungary the King of Apulia and also for the King of France See here the verie words of Alexander in his counsels Baldus said well in the law descripta de precib imperat offerend that Kings and secular Princes who by ancient custome time out of minde have power to conferre Prebends and Benefices within their dominions may doe it because such a custome gives them a priviledge And he sets downe a president of the King of Hungarie and the King of England The King of Apulia might be added also according to that remarkable glosse in the summarie of the seventh Quaestion causa 16. Another might be urged of the King of France as saith Iohn the Monke upon the first chapter De Praebendis in sexto 13 See here many authorities together whereunto wee will adde that of Lancelot Conrade Lawyer of Millaine and the King of Spaine his subject who will furnish us with some others So some Kings and Princes saith he may conferre the benefices of their Kingdome when they have got this right either by custome time out of mind or by Apostolicall priviledge as Alexander hath counselled in his 74. Counsel num 8. volum 4. Baldus in the law Rescript C. de precibus imperat offerend Martin Lawrence de Privil Rescript Quaest. 2. Following Alexander he urgeth the examples of the Kings of France England Hungary and Apulia and addâs also the King of Spaine hee saith âurther that the King of France seemes herein to have a greater power and a larger right than the Emperour 14 A German Bishop who writ in the yeare one thousand one hundred and nine addes also the King of Scotland and proves the same of him which hath beene said of the rest We reade saith he of the Bishops of Spaine Scotland England and Hungarie that by ancient institution till this upstart novelty came in were put into their Bishopriques by the Kings with purity and integrity and with peace and quietnesse for temporall matters Afterwards hee speakes of our Kings of France on this manner A long time before the decree of Adrian and his successors the annointed Kings and the Maiors of the Palace invested Bishops Dagobert Sigebert Theodorick Hilderick Pepin Maior of the Palace and Theodoret who established Remachus Andomarus Amandus Antpertus Eligiuâ Lampertus and other Bishops of most holy life 15 Let us now see what this right of France is It is certaine that from the verie infancie of this Realme our Kings have begunne and continued through all their three lines to elect Churchmen to bestow Bishopriques Abbeyes and other Ecclesiasticall dignities upon them to give these elections to such as they thought good alwaies reserving unto themselves their consent or approbation and to proceed therein such other waies as they thought fit The examples hereof are so plentifull that wee should bee afraid to tyre the reader by reciting them and therefore we will content our selves with quoting them in the margent especially considering that there are so manie other waies to prove it that we care for nothing but curtailing our discourse 16 Whosoever shall seriously consider these examples hee shall finde that our Kings have alwaies dealt herein as they pleased that sometimes they have made elections and nominations themselves sometimes they have given leave to the Clergie to make them either alone or with
the people and have been content to give onely their consent or to confirme them or to give the investitureâ The Emperour Charles the Great ordained by his Capitularie Lawes that the Bishops should be chosen by the Clergie and people of the same Dioces Our Popes have not forgot it in their owne bookes thinking that they had gain'd thereby some advantage upon France But our Kings by this remitted nothing of their authoritie but reserved unto themselves their consent and approbation and investiture which they used ever after even Charles the Great himselfe the authour of that law But howere it be hee that made the law may unmake it he may change it at his pleasure If there were any thing in it to their disadvantage which there is not 17 They would also make a law against our Princes from a certaine pretended prohibition which Nicholas the first set out against King Lotharius that he should not permit any to bee chosen Bishop of Treves or of Cullen without first consulting with the See Apostolique declaring unto him he was not pleased that he should meddle in such elections to preferre such persons as were his favourites And they have laboured all that they could to gaine this authoritie over our Kings which they for their parts have alwaies stoutly defended even by making faire decrees to debarre them from meddling 18 Possibly it will be said unto us that all this is done by usurpation abuse and unlawfull attempt There then wee must straine to root this false opinion out of their braines We will therefore justifie their right by the authoritie of Councels and first by that of Orleans which is accounted the fifth holden in the time of Pope Vigilius the first and of King Childebert the yeare five hundred fortie nine where this decree was made That it shall not be lawfull to obtaine any Bishopriques by presents or by meanes of any such like purchase but with the kings consent according to the election of the Clergie and people as it is written in the ancient Canons 19 Carloman Duke and Prince of the French speakes thus in the Synod of France holden in the yeare seven hundred fortie two By the Councell of the Clergy and chiefe men of the kingdome we have ordained Bishops over the Cities Pepin Duke and Prince of the French useth the same termes at the Councell of Soissons holden in the yeare seven hundred fortie foure Wherefore saith he we have instituted and ordained lawfull Bishops over the Cities with the advice of the Clergy and Princes of France Now this is spoke by them with the approbation of those Councels yea they are the verie Acts of the Councell which speake so 20 The Councell of Paris addressing their words to the Emperours Lewes and Lotharius under whom it was holden in the yeare eight hundred twenty nine We intreat your Majesties to use great diligence and most exact care in the institution of Rectours and Pastours in the Church This petition presupposeth that such right belong'd unto them and that the Councell thought so otherwise they would rather have intreated them to forbeare 21 The Councell of Valentia holden in the yeare eight hundred fiftie five intreats the Emperour Lotharius that as soone as certaine Bishopriques shall come to be void he would leave the Canonicall election unto the Clergie and people of that Citie And as for such as should be sent from the Princes Court if upon examination any default were found in him either for manners or learning or any thing else that he would be intreated to chuse another Whence we collect that the Councell consents unto this that the Prince may elect any of his Court such as he shall thinke good provided they be of qualitie requisite to Ecclesiasticall dignities and for the rest intreats him to leave the election to the Clergie and people It showes us that this was in their power and withall that the Councel intends this election shall be made by the Clergie and people saving the consent and approbation of the Prince Let us proceede to other testimonies 22 There is a very remarkable one in Marsilius of Padua his Defensor Pacis And as for the proposition about the institution of Ecclesiasticall Ministers and the distribution and collation of temporall benefices I will shew by the authority of the Catholique Kings of France some things which are not to bee contemned but ought rather to be considered for they assure us that the authority of instituting and bestowing of certaine Ecclesiasticall offices benefices and temporall meanes belongs unto them by right which de facto they have caused to be inviolably observed to this very day in such sort that this authority is not derived from them either upon any particular person or upon any Colledge of what condition soever So neither is the law-giver nor Prince prohibited by the law of God to make such institutions collations and distributions 23 Our expositors upon the Civill Law say the same and testifie by their writings that this facultie of conferring dignities and Ecclesiasticall benefices belongs unto our Kings of France determining further that it is a thing which may be done and amongst others Iohannes Monachus Alexander Lancelot Conrade all which speake both for matter of right and fact Lupus Abbot of the Abbey of Saint Peters of Ferrieres who lived in the time of Charles the Bald about the yeare 870 writing to Amulus Archbishop of Lyons saith That it is no new nor rash thing that the King should furnish the most honourable Churches with his Courtiers considering that Pepin from whom hee is descended by Charles the Great and the most devout Lewes both Emperours having given Pope Zacharie to understand in a certaine Synod the necessity of the Realme hee got his consent to furnish the Churches with good Pastours after the decease of the Incumbents remedying by that meanes the badnesse of the times 24 Hildebert Archbishop of Tours who liv'd about the yeare 1080 under Philip the first King of France approves the presentation made by the King to a certaine Bishoprique of his realme commending him on this manner I congratulate with virtue that hath her reward under our King Hee hath found that the power of a King shines more bright by gifts and liberalityâ than by the Scepter and that it is not sufficient for a Prince to stirre up his subjects to well-doing by examples unlesse they be also provoked by rewards Hence it is that your good manners were honoured by a great Priesthood The disposition of the King was sound and prudent considering it could not better provide for the Church than by placing you in it 25 Ivo Bishop of Chartres after he was elected by the Clergie was presented to the same King Philip the first and received his investiture and Pastorall staffe from him upon the refusall of the Archbishop of Sens he was consecrated by the Pope
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 Bârgesses 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 themâselves 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 thâse 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 shaâer 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 âhe 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 cogniâance 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 tâe 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 commiâted It is true that by their flatteries they prevailed so farre with the King afterwards that he gave them leave to have recourse to Pope Iohnâ to whom also he writ in their behalfe yea upon the request afterwards made unto him by the Pope hee restored them to their Bishopriques But all this was done onely by way of courtesie and complement anâ because the King himselfe sought a faire way to restore them to their charge and dignities without offending the Synod 22 King Chilperic having called an assembly of Bishops and Prelats in his Citie of Paris brought Pretextatus Bishop of Roan before them saying these words unto them Although the royall power may by the lawes condemne one that is guiltie of high treason notwithstanding that I may not oppose the ancient Canons I present this man unto you who hath
falsly usurped the name of Pastour the authour of the conspiracie made against me At last hee was condemn'd to banishment and afterwards recalled and restor'd to his citie and Bishoprique by the King himselfe Chilperic assembled another Synod to try the accusation of high treason objected against Gregory Bishop of Tours grounded upon this surmise that he would have delivered the Citie of Tours to King Guntrand where he was acquitted as not guilty and Leudastus his accusâr excommunicated Chilperic also upon an accusation brought by one Suânigisilus against Giles Bishop of Rhemes as guiltie of a conspiracie against King Childebert caused him to be apprehended and carried to the Citie of Mentz where he assembled some Bishops who proceeding to judgement upon him deposed him from his Bishoprique and confined him to Strasbourg Didier Archbishop of Guien was deposed at a Provinciall Councell assembled by the same King at Chaalons in Burgundy 23 Childebert and âuntrand made certaine Bishops assembleâ to proceed in judgement upon the Abbesse and her Religious of Poictiers Wee are met together say those Bishops by the command directed unto us by virtue of your power Bishop Adlabert was condemned of heresie by three and twentie Bishops at the Councell of Soissons with the consent of King Pepin and of the people and the Counsell of the greatest Peeres in France The like was done unto three Bishops accused of conspiracy against King Lewes the Piteous by the sentence of a Synod assembled to that end by his command So King Charles the Bald assembled some Bishops to condemne his sonne Carloman who was a Clergy man and his complices of the same profession 24 Sometimes our Kings proceeded to judgement by their owne sole authoritie without ever assembling the Clergy So Chartier Bishop of Perigord was accused before King Chilperic upon occasion of some letters writ against him and was acquitted because it could not be proved One Theodorus Bishop of Marseilles was also brought and accused before King Childebert but in conclusion absolved as not guiltie and accused after that together with another Bishop called Epiphanius that they had received into Marseilles Gundebaldus who said hee was the sonne of Lotharius who after they were heard examined and found not guiltie were notwithstanding kept in prison 25 We read notwithstanding that King Charles the Great called an assemblie of Bishops to heare Felix Bishop of Orgelle who was accused of heresie and being convinced he was sent to Rome to Pope Adrian before whom hee abjured his heresie and was sent backe to his Bishoprique But it may bee answered that this was not properly an accusation but only a dispute and that when the Bishops of France had heard and convinced him of errour they would doe Pope Adrian that honour as to send him to him that hee might have the hearing of him afterwards So his heresie was condemn'd yet after that at the Councell of Francfort as appears by the Acts of it 26 The Popes were anciently so stanch in this regard that they tooke not upon them upon their owne accord to judge of the crimes of other Bishops save onely such as were of their owne Diocese but suffer'd those to proceed upon them to whom of right it appertained So the Clergy of Valentia having accused Maximus their Bishop to Pope Boniface the first of many grievous and heinous crimes hee would not meddle in it but return'd the judgement to the Bishops of France They would not take the cognizance of them neither in the first place nor by appeall not even then when the Bishops of a Province were divided which yet was a faire pretence but in that case they were cal'd in judgement before the Metropolitan and other Bishops of the next Province according to the fourteenth Canon of the Councel of Antioch inserted in the Decret From which the Canon Hosius inserted in the same Decret doth no way derogate which speaks of civill controversies amongst Bishops and not of criminall causes as appears by the fourth Canon of the Councel of Sardis from whence it was taken In which case it was granted as an honour to Saint Peters chaire that if either of the two Bishops bee not content with the judgements given by some of their fellow Bishops that they shall write thereof to the Bishop of Rome to the intent that if hee thinke good they should proceed to judgement againe his advice may be followed and and that Iudges may bee assign'd unto them by him 27 But to returne to criminall matters Such processe was ancientlie used concerning them in this Kingdome as wee have said already That jurisdiction at this present is divided betwixt the Kings Officers and the Clergie of France The Iudges Royall have the cognizance of priviledged causes such as are high treasons tumults seditions ambushes bearing of armes assassinations and such like in respect of which they may proceed and pronounce against all kind of Clergy men yea even against Bishops and Archbishops As for other crimes which are called common such as are actions of trespasse battery concubinages murders forgeries and such like the official and other Ecclesiasticall Iudges have the cognizance of them If I should make these expositions in the Palace I should bee affraid that all the Proctours would cast their caps at mee to whom this is sufficiently knowne But considering the foundations of our practise are shaken and are like to bee cut up by the root it is requisit that I make this rehearsall and that I bring authorities for proofe of my assertion for feare I bee accus'd of ignorance in a matter which every one knowes 28 This distinction of crimes in the person of Clergy men is approved by the Ordinances of our Kings mention is made hereof in that of King Francis of the yeare 1540â Article the eleventh made at Castle-Briant the year 1551. And that of Henry the third made at Paris the year 1580. Article the twentie one Come wee now to the practise of our Courts This distinction hath alwaies beene observed by all the Courts of France who have set downe the very forme which must be observed in such proceedings who have decree'd That the processe shall bee made and finished by the Iudge Royall upon a priviledg'd case before it bee remitted to the Ecclesiasticall Iudge notwithstanding the declinatory That for tryall of the case Royall it shall bee lawfull to proceed even unto torture inclusively That for the crime of Adulterie committed with notorious fornication a Bishop or other Clergy man is under the jurisdiction Royall As also for the accusation of forgerie by him committed That a Lay Iudge upon just cause may make the processe made by the Officiall upon a common offence be brought before him And notwithstanding the absolution from the common offence condemne the party accused upon the priviledged case And an infinite number of other rules which it would bee tedious to rehearse To
before the See Apostolique by Canonicall Constitutions or such as the Pope of Rome shall thinke fit to bee committed or removed upon some urgent and reasonable cause by speciall commission from his Holynesse signed with his owne hand Now hee will alwayes find urgent causes enough to draw the processe to Rome there will never want pretences if hee get but a hole that 's enough how little soever it bee hee will finde meanes to enlarge it And besides who will tell the Pope that the cause is not reasonable That were to make himselfe be pronounced a heretique It is a kinde of Sacriledge to dispute of what hee does yea it is a mortall sinne saith their Glosse upon the Canon law 19 Wee shall here entreat the reader to remember what wee discours'd in the second book touching the Popes attempts in point of justice the miseries that proceed from thence and the great complaints that have beene made of it Wee tumble backe into all these miseries againe by receiving of this Councell The Popes used it formerly by usurpation now they will doe it with some title and so with more licence Wee shall content our selves with setting downe here what was spoken concerning this matter by a whole Councell to wit by that of Basil one of the most famous that hath beene holden in these later daies Divers abuses and intolerable vexations have grown hithertowards whiles many men were very often wont to be cited and called forth to the Court of Rome and that sometimes even for pettie things and were so wearied out with expences and travaile that they thought it more commodious for them to forgoe their right or with great losse to redeeme themselves from such vexation rather than bee at the charges of the suit in a countrey so remote So it was an easie matter for slanderers to oppresse poore men So Ecclesiasticall livings were oft goâ by wrangling shifts and evasions in the Suit while their meanes were not sufficient for the true owners or others that had right unto them to defray the charges required as well for the journey to Romeâ as the pleading of the cause there Hence also proceeds the confusion of Ecclesiasticall order when the jurisdiction of the Ordinaries is not preserved unto them The money and meanes of Kingdomes and Provinces are not a little impaired by this meanes and which is a thing acknowledged to bee very harmefull to all Ecclesiasticall Orders those which by reason of their worth were called to the greatest affaires of Christendome were made lesse serviceable in them being too much imployed in the multitude of such causes Such evils and disorders as these gave occasion to the Fathers of that Councell to prohibit all evocations in that kind Which was confirm'd by the Pragmatique Sanction of Bourges in the title Of Causes where the same things are rehearsed CHAP. III. Of giving temporall jurisdiction to Ecclesiasticall persons 1 THis Councell useth such marvellous good husbandrie and carrieth all things so handsomely to its proposed end that at the last reckoning all the world is well appaid except Kings and Princes for whom the springe was set We have seen the Bishops already stript of their jurisdiction and turn'd into their bare shirts Now we shall make it appear that what is taken from them on the one side is restored to them on the other all to the prejudice of Secular powers whose jurisdiction is invaded and usurped upon to the advantage of the Bishop of Rome into whom as into a vast Ocean all these pettie rivers emptie themselves 2 It is a Papall maxime holden for a certain and undoubted truth That all Bishops receive their jurisdiction from the Pope They take an oath unto him else whereâ and that a very strict one they are bound by this Councel to promise true obedience unto him at the Synods of the Diocese So that there can be nothing ascribed unto Bishops in point of jurisdiction but the Pope hath a share in it as fathers have in the purchases of their children masters of their slaves but their authoritie and power will ever receive some enlargement thereby This preface will serve as a candle to give light unto the interests of Kings and Princes in all the particular cases which shall bee hereafter specified 3 This Councel then to the prejudice of the Secular jurisdiction gives unto Bishops the power of punishing the authours of defamatorie Libels of the printers of them of Sorcerers Conjurers and such like people of those that contract clandestine marriages or are witnesses and assistants at them the cognizance of all causes matrimonial without distinction of all rights of patronage both Lay and Ecclesiasticall the jurisdiction to compell the inhabitants of any parish to allow maintenance to their Parish Priests the visitation of all benefices both Regular and Secular the cognizance of the reparations of their buildings as also the power of sequestring the fruits of the said benefices the power of examining the Kings Notaries and of suspending or depriving them of their office for some fault or crime by them committed the doing of justice upon married Clerks which have their tonsuâe in all causes both civill and criminall the punishing of concubinage and adulterie both in Lay men and women the seizing of mens goods and arresting of their bodies causes of Ecclesiasticall jurisdiction and that even of the Laitie Besides this Councell in very many Chapters prohibited all appeals and will have that which the Bishops do to stand without any regard of any appeale to the contrary whatsoever Also it allowes Ecclesiasticall persons to refuse such summons as shâll bee sent out by the Parliaments or other of the Kings judges For the further satisfaction of such as will not content themselves with this bare proposall wee will speake somewhat of every one of these heads for the better clearing of this incroachment of jurisdiction I mean only so farre as concernes the right of our Realme of France 4 Beginning then with the first which is touching defamatorie Libels our civil lawes give the cognizance and jurisdiction thereof to the Iudges and Magistrates not to the Ecclesiastiques Some may bee will except such as concerne point of Religion but this exception is not pertinent and observe this one reason which is sufficient to confute namely that those lawes of Constantine the Great and Constantius which restraine the licence of such Libels were made in a time much like this of ours to wit when divers writings were put out concerning point of Religion against the honour both of one and other Doctour Balduin hath very judiciously observed it It is behoofefull saith hee to remember what manner of times those were of Constantine and Constantius wherein the contentions about Religion not much unlike unto ours gave fire unto the affections of both parties and which afterwards hatched those unhappie calumnies and scandalous
by our Kings unto the Clergy-men the Ordinances made in that behalfe are directed to the Courts of Parliament the baliffes and stewards who are prohibited by virtue thereof to compell them to make the said reparations as appeares by the Ordinances of Charles the ninth dated the 10 of September 1568. The eighteenth of September 1571. The third of November 1572. It hath beene also judged by divers Arrests of the Parliaments of this land which are to be seene in the great collection of them that the question touching the reparations of benefices belongs to the Lay Iudge and not to the Ecclesiasticall 20 As for the sequestration of the fruits which the Councell gives unto Bishops it belongs no more unto them than the other considering that they cannot put it in execution nor have any right of seisure in the goods moveable or immoveable And herein that Decree of Philip the third dated 1274 is worth our observation who prohibites a Bishop the granting the seisure of the moveable goods of a certaine Clerke condemn'd in a personall action considering that those goods were not within his episcopall Iurisdiction 21 But there is nothing more exorbitant than the jurisdiction which is by this Councell given unto Bishops over the Notaries Royall It is a certaine rule that Ecclesiasticall persons have no jurisdiction within this Realme over Lay men save in one case to wit when the question is concerning the sacraments and spirituall things This is so farre true that an Ecclesiasticall Iudge cannot so much as deale in a fault committed by his Lay gaolor for suffering a prisoner to make an escape or in any other offence committed in the gaole as it was judged by an Arrest given in the Great dayes of Poictires the 18 of September 1531 nor in any faults committed by the Proctour of his office if hee bee a Lay man although he have trespassed in the exercise thereof according to an Arrest of Paris of the 11 of April 1532. Now the Royall Notaries are so farre from being nay it is so impossible that they should be under the Ecclesiasticall jurisdiction that on the contrarie the Iudges Royall have authoritie over the Apostolicall Notaries This appears by an Edict of King Henrie the second made at Fountainbleau in September 1547 about the calling in of the Apostolicall Notaries wherein it is said That by the bailiffes stewards and Presidiall Iudges every one in his owne power and jurisdiction a sufficient number of the said Notaries shall bee adjudg'd and limited Which calling being so made by them and every of them his will is That they make choise of the most able and sufficient within their jurisdiction to the number by them determined And for the Notaries Royall it were a superfluous thing to alledge the Decrees which give the Kings Iudges authoritie to punish them in case of any offence or crime by them committed 22 The jurisdiction which is given unto Bishops over such married people as have only the single tonsure is not lesse extraordinarie A married shaveling hath as good as no priviledge at all in France but is reckoned in the ranke of Lay men because of the great abuses which have beene heretofore committed in this Kingdome For to inlarge the Ecclesiasticall jurisdiction the time was when Prelates bestowed that tonsure upon all sorts of people even upon some young infants some servants some bastards and some ignorant and illiterate married men yea and which is more if the Kings Officers prosecuted any offender if he but said hee was shav'd though indeed hee were not the Ecclesiasticall Iudge would straightwaies hooke unto himself the cognizance of the cause by censures and excommunications Which was a meanes of offenders escaping with impunitie because that they might get off by their purse from the Ecclesiasticall Iudges upon which occasion all malefactours inclined rather to this jurisdiction as it is prov'd at large in the Articles which were presented to King Philip by Mr. Peter de Cugneres against the Clergy of France 23 A certaine Queen of England complain'd to Pope Hânorius the third of that name that many married men made use of the tonsure to cheat her of the right which belonged unto her as it is recorded in the Decretals By an Ordinance of King Charles the ninth in the yeare 1563 it was decreed that none should bee admitted to sue by virtue of the priviledge of his Clergy to bee sent backe to the Ecclesiasticall Iudge in any case whatsoever whether civill or criminall unlesse hee were a subdeacon at the least which is as much as to exclude all simple shavelings whether they be married or no who notwithstanding shall bee admitted by the Councell of Trent yea in such sort that priviledged cases are not excepted in criminall matters nor personall actions depending upon the realitie and other such like civill matters howbeit that such exceptions have ever beene in force within this Kingdome and that even in all sorts of Ecclesiasticall persons 24 And see here another great prejudice done unto us by this Councell which we must either take a course to remedie or else all the regall jurisdiction on of our Ecclesiasticall persons will come to nothing and wee must talke no more of those distinctions which were wont to bee used in the pallace time out of minde in this regard For if priviledged cases and civill actions which belong to the jurisdiction Royall bee not excepted in the person of married Clerks then much more must wee admit of this new law in behalfe of other Clergy men whose priviledge is farre greater 25 As for Civill actions the Councell confirmes the Decree of Boniface the eighth whereby Secular Iudges cannot condemne married Clerks neither in personall causes nor pecuniary Which words are of a very large extent so great that we may comprehend under them not only actions which are purely personall but such also as depend upon reality all actions of contract reall and possessory For the word Pecuniariter being divided from Personaliter and placed before it in the said Decree will alwayes be understood generally and will âomprehend within its latitude by meanes of that interpretation they will put upon it whatsoever concernes our patrimonie and all the actions which we can have either for the recoverie or preservation thereof Which they will confirme even by the auâhoritie of our owne law 26 As for adulteries the usurpation is very notorious it is directly against the Civill lawes whereby the punishing of this crime belongs to the Magistrates not only by those of the Pagans but even by those also of the Christian Emperours The Ecclesiasticall Iudges in France never had the cognizance of such crimes over Lay men but this jurisdiction was left in the possession of the Secular Iudges Yea which is more we read two Arrests of Bourdeaux one against a Bishop another against an Abbat wherby they were condemn'd unto certaine punishments for the crime of
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 contumacioââ 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
them hath burst out so farre that hee hath declared in his writings that the Roman Emperour is bound to him by an oath of allegeance as subject to him by a coactive jurisdiction as may bee gathered from the contemptible and ridicuâlous covert pretences in their narrations which they call Decretals He addes further The Bishops of Rome with their Cardinals durst not call these factious Ordinances lawes but they have Christened them by the name of Decretals howbeit they meane by them to binde men over to punishment and that considering the state of the present age by a coactive power just as humane lawgivers Which at first they durst not expresse by the name of lawes fearing the opposition and correction of the lawgiver considering that therein they incurred the crime of treason Afterwards they called these their Ordinances Canon law to the intent that under colour of the name though wickedly used they might bee more authentique and further to beget in faithfull people a credit and reverence and obedience to them Hee speaks yet more of them in the twentie first and twentie fift Chapters of his second part and some other places but wee will content our selves with this 7 Gregory Haymbourg a German Lawyer who lived in the time of Pius the second about an hundred and fiftie years agoe hath a discourse in a certain booke of his which comes neare to this of Marsilius Their Decret saith he was publiquely composed under Lotharius and Conrad to which howbeit there be much hay and straw of the Pope mingled with the authorities of Saints some notwithstanding give so much reverence as it seemes the Gospel were contained in it And from thence carnall Popes have arrogated to themselves by virtue of this Decree as an authenthentique book not of the Gospel a plenitude of power Afterwards Innocent the third compiled the Decretals for the better defending of their plenitude of power And whatsoever they could wrest from factious and schismaticall Kings and Emperours that they have transcribed into the sixth book of the Decreâals and into the Clementines as rights bestowed upon them by Christ. 8 Our French men also have stoutly rejected these upstart Decrets and and have contented themselves with the ancient with those namely which were contained in an ancient collection called Codex Canonum not willing to admitte of any other old or new the one as being supposiâitions the other as too presumptuous There was a great quarrell hereabouts betwixt the Bishops of France and Pope Nicholas the first in the time of Charles the Bald inasmuch as Nicholas would have obtruded certaine Decrees upon them for currant money which hee said were ancient which the other refused because they were not comprehended in their Code Wee are informed of this controversie by one of the Epistles of the same Pope writ to the Archbishops and Bishops of France where hee straines to refute their opinion concerning that point Howbeit saith he some of you have writ that these Decretals of ancient Popes cannot be found enrolled in all the bodie of the Code of Canons notwithstanding that they use them without distinction when they make for their purpose and maintaine that they ought not to be received now so to impaire the power of the See Apostolique and augment their owne priviledges If they say then that the Decretall Epistles of the ancient Popes of Rome ought not to bee admitted because they are not inserted in the Code of Canon neither should any edict or rescript of Saint Gregory be received nor of any other either before or after him because they cannot bee found in the Code of Canons All this was inserted into Gratians Decret Where it is to bee observed that all those goodly Decretals were forged since which goe under the names of Clement Anaclet Evaristus Alexander Telesphorâs and an infinite number besides which all men of judgement pronounce false upon the bare reading and yet notwithstanding our Councell gives the same authoritie to them which it does to the holy Scriptures 9 Now one of the maine arguments of this forgerie is that in this Code were contained only the Decrees of Sylvester Syricius Innocent Zoâimus Celestine Leo Gelasius Hilarie Symmachus Hormisdas Simplicius and Gregory the younger And that Pope Leo the fourth one of Pope Nicholas his predecessours writ to the Bishops of Brittaine That these were the Canons which were received in Ecclesiasticall judgements meaning those which are contained in this Code as it is said in Gratians Decrets Which Gregory the thirteenth in his late purgation expounds thus He meanes saith he the Canons and rules contained in the Corpus or Codex Canonum which the Bishops of Rome were wont especially to use in judgements And this very Code was sent by Pope Adrian the first to the Emperour Charles the Great as is gathered out of certaine verses which wee read at the beginning of it 10 The Nobilitie of France finding themselves grieved with these Decrees of Rome complaine very bitterly of them about the yeare â247 under the reigne of Saint Lewes setting forth a certaine writing thereupon which went even into forraine Nations and was inserted at large in the historie of England See here a piece of it They doe so annull the Secular jurisdiction by their lawes that the children of servants are made Iudges of free men and their children howbeit according to the ancient and Secular lawes they ought rather to be judged by us and they should not derogate from the customes of their predecessours by their upstart constitutions so as they make us in a worse state than God made the Gentiles when he said Give unto Cesar the things which are Cesars and to God the things which are Gods 11 In the time of Charles the fift there was a booke made in France called The Vergers dreame first made in Latine then translated into French by his command In the seventh and eighth Chapters whereof the Clergy man and the Knight conferre together on this wise I call saith the Clerk and account the Decrees and Decretals of the holy fathers of Rome to bee good law which binde and oblige every true Christian as a subject and sonne of holy Church our mother To whom the Knight replyes If the termes of Rome be Decrees or Decretals Ordinances or Constitutions touching the temporall affaires of Kings Princes or other Secular Lords you Clerks among your selves shall call and account them law if you please But the truth is no man can establish nor ordaine any thing where he hath no power nor authoritie So as the King of France hath no power to make a law or ordinance to bind and tie the Empire so neither can the lawes of the Emperour binde the King of France nor his subjects And a little after I hold it therefore a frivolous thing and very ridiculous that the holy Father should make any Decree Decretal or Constitution about temporall matters And yet the greatest
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 insuâficient or pâccant 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 coÌfiscation 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 âf 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 inhââitance 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 Aposâle 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 caââed the
nor against their vassals and subjects First forasmuch as such lawes have beene abrogated by contrarie practice bee it in Germany England France or elsewhere Secondly forasmuch as the cause of them ceasing there is no need to observe them Now the cause or reason which is fully expressed in those two lawes is this That the authoritie of sacred religion invents and finds out many meanes of allaying suits which the ties and formes of captious pleadings will not admit of That the judgements of Bishops are true and uncorrupted That this is the châaking of those malicious seeds of suits to the intent that poore men intangled in the long and lasting snares of tedious actions may see how to put a speedy end to those unjust demands which were proposed to them Now wee have made it appeare in the second booke when we treated of the reformation of the Head that the Pope his Decretals the Court of Rome and other Ecclesiasticall Courts are now adayes become the source of iniquitie and injustice and of all the shiftings and tricks that ever could be invented in matter of pleading and that all Christendome graones miserably under them at this present Why then should a man submit himselfe to their judgement this were for escaping the ashes to throw himselfe in the fire Duarenus speaking of these two laws saith That the conditions of the Bishops being changed both these constitutions grew out of use as it is credible Thirdly the Popes have rendred themselves unworthie of them because they went about to retort thâm upon their authours to urge them against those which are exempted from them because they wold have made their liberality redound to their own dammage and have arrogated their power unto themselves and usurped their lawes Lastly those who made those constitutions have power to unmake them to alter or abolish them at their pleasure To what purpose then are they urged against them There needs be no more talke of them in France for they have now beene a long time disused Wee see no tracts of them in our Histories nor in our ancient records And besides wee have at this present some Ordinances cleane contrary to this which forbid Clergy men all jurisdiction over lay men unlesse it bee in spirituall cases as wee have elsewhere expressed CHAP. II. That a Councell hath no power in temporall matters 1 FOr goods and other temporall matters Saint Austin hath passed his sentence by which hee hath submitted them entirely to the jurisdiction of Princes although they be in the possession of Clergy men By what law saith he doe you except the goods of the Church by divine law or humane The divine law we have in the Scriptures and the humane in the lawes Imperiall That which every man possesseth doth he not possesse it by the humane law Humane lawes are the lawes of the Emperours for God hath dispensed humane lawes amongst mankinde by the mediation of the Emperours and Kings of this world And a little after Take away the Imperiall law and who dare say this possession is mine This servant is mine This house belongs to mee If the Royall lawes have ordained that these things should bee holden and possessed by men would you have us to conceale the law that so you might enjoy them And after some passages Let those lawes be read where the Emperours have commanded expresly that those who usurpe the name of Christians unlesse they bee within the communion of the Catholique Church cannot possesse any thing in the name of the Church But say you what have we to doe with the Emperour I have told you already that the question is here of the law humane and the Apostle himselfe would have all men to bee subject to Kings and Kings to be honoured And hath said Have Kings in reverence Say not you then What communion is there betwixt mee and the King otherwise it will be said unto you What communion is there betwixt you and your possessions They are enjoyed by the constitutions of Kings You say What hath the King to doe with me doe not then call those possessions yours for as much as you have renounced humane lawes by virtue whereof such possessions are enjoyed This pregnant place is inserted into the Decree all entire as I have related it so as now it is a Papall law which plainly teacheth us that Ecclesiastiques have no jurisdiction over the lands and possessions and other temporall goods which Churchmen are seized of much lesse have they any over those which are in lay mens power over which notwithstanding the Councell of Trent hath stretched their authoritie 2 Gregory the thirteenth it seemes would have voided and rebated the force of this Canon by that Item which he gives us that the word Church is not at the beginning of the passage because Saint Austine speakes there of heretiques namely to the Donatists Which is very true But if he will inferre from thence that Saint Austine would not have said as much of the goods of the Church wee will deny his argument These goods whereof hee speakes were the possessions of the Church before the Donatists fell into their opinions They were deprived of them by the Emperours because of their heresie They were bestowed upon the Orthodox as Gregory saith in the same place See how the Prince and not the Church doth alwaies dispose of their goods See how Saint Austine and all the Popes with him confesse that it belongs to the Emperour to dispose of them and not to the Church For even that reason which he renders is generall It agrees as well to the Church and Clergie as to any others Besides those which made the collections of ancient Canons as Anselme Ivo and Hildebert have inserted the word Church in that place and Gratian after them as Gregory confesseth which the former Popes did authorize The Emperour Constantine cals those of the Novatians Churches and will have them preserv'd unto them The Emperours Gratian Valentinian and Theodosius call those of other Heretiques Churches and cast them out of them that they may place orthodox Christians in them Arcadius and Honorius made a like constitution Ivo Bishop of Chartres proves it in his Epistles For as much saith he as the guidance and government of temporall things is given unto Kings and that they are called Basilei that is the Basis and foundation of the people if at any time they abuse their power which is given themâ they must not be too much exasperated by us onely when thây refuse to obey our admonitions they must be let alone to the judgement of God The Councell of Trent doth not use them so but not content with delivering their bodies up to Satan as farre as lies in their power it confiscates their goods and deprives them of their inheritance 3 Pope Nicholas howbeit in his Epistle sent to the Emperour Michel he breathe nothing but winde and smoke having made a division with the
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
Churches Monasteries or other Ecclesiasticall benefices or upon the fruits rents and revenues thereof without speciall and expresse licence from the Pope of Rome 15 These Popes did no more but resume the errours of Boniface the eight so well liked by his successours that they made lawes of them for by his Decretall hee excommunicates all lay men yea by name all Emperours Kings ãâ¦ã any collections taxes tenths twentieth or hundred part of Ecclesiasticall goods and revenues or other quantitie part or quotitie of them by the name of reliefe loaneâ aid subsidie or other title whatsoever as also all Ecclesiasticall persons which shall pay them without leave from the holy See 16 Bennet the eleventh his successour after he had accorded all things with Philip the Faire in courtesie to him made a restraint of that Decretall ordaining that it should not take place Inter volentes wherein he thought he gratified him much Hearke how one speakes of him that was a writer of the lives of Popes Pope Benedict appeased the strife and dissentions that were begunne betwixt Philip King of France and Pope Boniface and restored unto the same King the priviledges and indulgences of the See Apostolique which had been taken from him by Boniface his predecessor Besides he set out a certain Constitution at Perusia in favour of the same King and his subjects which begins Quod olim whereby he restraines the Constitution of his predecessor Boniface which begins Clericis laicos ordaining that the punishment exprest in Boniface his Constitution shall not take place neither in those that pay nor in those that receive such paiments as are freely willingly tendred This constitution is among the Extravagants at this present but so as our Popes hold it for apocryphall abrogated and of no force witnesse the foresaid Buls De coena Domini sent into France to be thundred out there which have these words We excommunicate and anathematize all those that receive the said collections taxes tenths c. even of such as give and grant them willingly 17 One of our Practitioners hath so farre forth acknowledged the power of Emperours and Kings over the temporals of the Church that he hath advised them to discharge the Pope and other Ecclesiastiques of that care and trouble which the too great abundance begets in them It will come to passe ere long saith he that all lay mens goods will prove to be Clergie mens inheritance unlesse some good Emperour take an order with it by revoking the donation of Constantine and making a law totally to reduce the state of al Clerks to the state and condition of Friers Mendicants and unlesse the Pope and Cardinals also bee reduced to the life of Christ and his Apostles upon earth whose Vicar General he is and therefore ought to follow his example And in another place Amongst the priviledges of the Church this is one That the goods of such as turne religious be applyed to their Monasteries By meanes of which priviledge an infinite company of Monasteries have beene founded and multiplyed in all parts of the world That which was anciently done out of devotion is now practised out of avarice and to exercise oppression in such sort as they have already quite undone the laity So that it may well be said that such places either already erected or hereafter to be erected are nothing else but nets set to catch lay mens goods in O that a good Emperour would arise therefore that all the world might say Let peace be made by thy virtue and let plentifulnesse be within thy Towers CHAP. III. That Kings and Princes ought not easily to bee excommunicated and of the priviledges of the Kings of France and their Officers 1 HOwbeit Ecclesiasticall persons as Ecclesiasticall have no power over temporall matters but only Kings and Princes and those upon whom they derive their power yet so it is that in these latter daies they have taken upon them a jurisdiction in such matters applying even excommunications to that purpose For by meanes of them they have disposed of Kingdomes and Empires Dutchies and Principalities Cities Patrimonies and other such like things So our Councell useth them against duells against Combatants and their Seconds depriving them of their Cities and Places where such Duells shall bee fought and these of their inheritance and that by virtue of an Excommunication which shall bee thundred out against them Besides what we have spoke already concerning the disposall of temporall matters wee have elsewhere proved that it is an unjust and unlawfull thing to extend excommunications to mens goods to deprive such men of them to whom of right they appertaine We shall only say in this place that there ought to be very weighty reasons for proceeding to the excommunication of Kings and Princes yea there are some which thinke they are totally exempted from it 2 Ivo Bishop of Chartres saith they ought to be borne with in their faults not to bee exasperated in case they will not doe any thing upon faire admonitions Wee have set downe the place before The Clergie of Liege in their epistle to Pope Paschal the second say the very same If any man search the old and new Testament and the things which have beene acted there hee shall evidently find that Kings and Emperours can no way bee excommunicated or at least very hardly according to the Etymology of their name and the definition of excommunication And the question was never yet determined They may indeed bee admonished rebuked reproved by respectfull and discreet persons in as much as Christ the King of Kings hath reserved unto himselfe the condemnation or absolution of those whom he hath left to supplie his place upon earth 3 This Councell excommunicates them upon very sleight occasions as namely for using their authoritie in contracting of marriages to the advantage of some Gentlemen or Officers of their Court for giving way to a Duell and the like It is requisite to heare what answer a Synod of Rhemes made to an Archbishop of the same Citie hereupon whom Pope Adrian the second had commanded by his letters to abstaine from communicating with Charles the Bald Emperour and King of France which he certified the assembly of They said and doe say with reproaches touching upon my meannesse who have alwaies strived to the utmost of my abilitie and knowledge to promote the priviledges of the See Apostolique that such a command as this was never given out from that See to any of my Predecessours even in those times when as every man knowes there were warres and seditions betwixt confederate Kings living under the same Sacraments betwixt the father and the children yea even betwixt brethren And that wee never read that the Popes of the See Apostolique nor other Bishops of great authoritie and holynesse did ever withdraw themselves from the presence or refused to salute or conferre with hereticall or sâhismaticall Emperours Tyrants or Kings
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 prâviledge that hee cannot bee excommunicated neither by the Canons nor by men As the Doctours collect in the division of the chapter Vbi Periculum in princip de elect in 6. When the Parliament of Paris gave their opinion and all the Chambers met together about receiving the Cardinall d' Amboise and the qualifications that should bee put to his Faculties which was upon the eleventh of December 1501 The lawes of the Land and the liberties of the Gallicane Church were represented at large amongst which this was one That the King of France cannot bee excommunicated that his Kingdome cannot bee put in interdict as is collected out of the ancient Registers 7 Yet notwithstanding alwaies as oft as the Popes have gone about to attempt any such excommunications whether by their owne proper authority or joyntly with Councels they have found strong resistance and the French have got this commendation that they never abandoned their Princes in such conflicts The Histories thereof are knowne to all men and they have been so canvased in divers writings set out during our late troubles that it will bee fitting to overpasse them that wee renew not the memorie of our former miseries We will only say that some Popes have in good sincerity acknowledged this right and prerogative of our Kings yea which is more they have confirmed it by their Buls declaring thereby that the King of France cannot bee excommunicated nor his Kingdome interdicted and amongst others Martin the third and fourth Gregory the eighth ninth tenth and eleventh Alexander the fourth Clement the fourth and fifth Nicholas the third Vrban the fifth and Boniface the twelfth whose Buls are yet preserved in the treasurie of the Kings Charters as divers testifie 8 Pope Benedict th' eleventh partly as it is probable upon this occasion revoked the excommunication which was denounced by Boniface the eight his predecessour against Philip the Faire of his own meere motion and without being desired unto it by any man as Walsingam witnesseth He absolved saith he Philip the Faire King of France from the sentence of excommunication given out against him by his predecessour without being desired to it Wee read the Bull thereof to this day in Mr. Nicholas Gille in his Annals of Aquitain Amongst the testimonies of Popes wee will put that of Sylvester the second for the judgement which he passed before he was preferred to the Popedome and the excommunication which the Pope that then was threatned against the King and some Prelates of this Kingdome See here the place taken out of one of his Epistles which hee writ to the Arch-Bishop of Sens 9 I say confidently and boldly that if a Bishop of Rome hath offended against his brother and will not give eare to the admonitions which should bee divers times given by the Church I say that same Bishop of Rome by the commandement of God must bee accounted as an Heathen and a Publicane For by how much the degree is higher by so much the fall is greater But if hee account us unworthie of his communion forasmuch as none of us will consent with him in that which is against the Gospel hee cannot therefore separate us from the communion of Christ. And presently after We should not therefore give this advantage to our ill-willers as to make the Priesthood which is but one in all places as the Catholique Church is but one seeme to bee subject to one man only in such sort that if hee be corrupted by money or favour or fear or ignorance no man can bee Priest but hee that shall be commended unto him by such virtues as these 10 Whence wee collect that the Popes have no more power over our Kings in matter of excommunications than other Bishops whether of their owne Kingdome or strangers The Courts of Parliament of this Realme and especially that of Paris have alwaies stood out against such excommunications and have declared them to bee frivolous nullities and abusive yea and have proceeded with rigour and severitie against the bearers of them The Arrests given out against the Buls of Benedict the thirteenth the two Gregories the thirteenth and fourteenth are sufficient witnesses hereof Now it is not only true that our Kings cannot be excommunicated but which is more they may absolve such of their subjects as are excluded from the Communion of the Church yea they are accounted to restore them to their former state by the meere admitting of them to their table or into their company This is a thing which wee finde upon record in the Capitularie of Charles the Great in these words If the Royall power doe receive any delinquents into favour or admit them to his table they shall be likewise received into the assemblies of the people and Clergy in Ecclesiasticall communion to the intent that the ministers of God may not reject what the pietie of the Prince doth admit The Prelats of France have observed this law at other times Ivo Bishop of Chartres saith hee
practised it towards one Gervase and hee sets downe the words of this Ordinance In another epistle he gives us to wit that our Kings have this priviledge not only for other men but for themselves too Kings saith hee shoâld not bee exasperated by us but in case they will not rest quiet for all our admonitions they must be left to the divine judgement Hence it is that wee read in the Capitularie Royall concluded upon by the authoritie of the Bishops If the Royall power c. 11 Now this priviledge that they cannot bee excommunicated is no new thing Clement the fourth in one of his Decretals confirmes this privildge granted to the Kings Queens and their children that they cannot be excommunicate nor their lands interdicted Which Iohn Andreas extends to the brethren of Kings so they be children of Kings too but not to such as are only brethren and no more For example If saith he ãâã that is no Kings sonne should succeed in a Kingdome where such a proviso is made as suppose in the Kingdome of France at this present the Kings brethren shall not enjoy this priviledge But when according to the ordinarie custome the eldest succeeds in the Kingdome and hath brethren by the fathers side they enjoy this privildge forasmuch as they are children of the same head This instanceing in France shewes that our Kings are of the number of those that have this priviledge that they cannot bee excommunicated nor interdicted à quocunque as the Decrâtall hath it that is By any man whatsoever Which may be understood as well of the Pope himselfe as of others 'T is true the glosse excepts him as also his Legat à latere but that doth not take place against our Kings who by reason of their great deservings and good deeds to the Church are exempt from all such thunderclaps CHAP. IV. That the Councel useth commanding termes to Kings and Emperours and makes them executioners of the Bishops Decrees Of the honour which was anciently done unto them by Clergy men 1 OVr Councell is not content with clipping the rights authorities and prerogatives of Kingsâ Princes and other Lords to enhanse that of Rome but further it tramples them under foot makes them but officers and ministers to Bishops by commanding them to execute what these ordaine The holy Councell say they doth further exhort all Kings Princes Common-wealths and Magistrates and by virtue of holy Obedience doth command them to interpose their aid and authoritie in behalfe of the said Bishops Abbats Generals and others which have the charge and superintendence for the putting of the said reformation in execution every time and as oft as they shall be thereunto required to the intent that they may without any impediment put in execution the things aforesaid to the glory of almighty God 2 Had there beene no more but a bare exhortation it had beene well enough but this command founds somewhat harsh however it be mitigated with the sweet appearance of a holy obedience for 't is well knowne in what fashion they serve themselves of these faire words This Mandamuâ is extraordinary and was never vented but from the stomachs of ambitious Popes or their Conventicles Let a man but reade the Acts of ancient Councels Generall or Provinciall he shall finde nothing but humble petitions sweet exhortations prayers and blessings for as much as concernes Emperours Kings and Princes commands to them were not heard of then They are the men who alone have the fountain and arsenall in their owne hands both for things temporall and spirituall who impart them to whom they thinke good Ecclesiastiques have nothing to do but by way of petition they have neither command nor Empire unlesse they cozen the Monarchs of the earth of it they are Physicians of soules subject to secular powers having no weapons at all but censures and anathema's against such as are perverse and irregular This Mandamus therefore is injust both in regard of those which give it and those to whom it is given so it is too in regard of the subject and reason for which it was made in as much as by virtue hereof Princes and Monarchs must be bound to obey the Clergie of their Empires and Kingdomes and that even to the meanest of them They must be bound to assist them with a strong hand to put their ordinances in execution every time and as oft as they shall bee required thereunto and in case they faile herein there will not want thunderbolts to deprive them of their Empires and Dominions 3 In another Decree they sharply rebuke such Bishops as debase themselves too much to Kings and Princes and give place and submit to them in point of honour 'T is true they speake at first of pettie Kings and other Lords but the end of the Decree relates also to such as are of greater ranke where it is said by way of command to Bishops That as well within the Church as without having before their eyes their place and order they should ever remember that they are Fathers and Pastours And as for Princes and all others that they doe fatherly honour and due reverence to them 4 In the same Decree they renew and confirme all the former Decrees and Decretals which speake of the honour of Bishops and put them in course which are noted in the margent by the Popes expositors and amongst others the Epistle of Innocent the third writ to the Emperour of Constantinople whom some thinke to be Baldwin or his brother Henry who were Frenchmen towards the end whereof it is said If the Imperiall greatnesse would wisely consider these things it would not suffer the Patriarch of Constantinople who is in truth a great and honourable member of the Church to sit over against his footstoole and upon the left hand considering that other Kings and Princes doe with reverence stand up as they should doe before their Archbishops and Bishops and allow them a venerable place next after themselves Gregory the thirteenth in his new purgation of the Decretalls hath put this note upon it See here saith he the Councell of Trent in the twenty fift Session and seventeenth Chapter of reformation But let us here adde the rest of the places in the margent that wee may better know what honour this Councell would have Kings and Princes doe to Bishops 5 The Canon Valentinianus containes the resolution which the Emperour Valentinian made concerning the election of Saint Ambrose and the exhortation which he made to the Bishops then present when the question was concerning proceeding to the election Set such a one saith he in the Pontificall See as we that governe the Empire may sincerely put our heads under his hands and receive his admonitions inasmuch as we shall offend as men like medicines from a necessarie Physician See here words that beseeme a Christian Emperour indeed who gives Clergie men that reverence which is due unto them as
Physicians of soules But the Glossatour conforming himselfe to the ambition of Rome referres all this to worldly honours and vanities Set here an argument saith he to prove that the Emperour is inferiour to a Bishop and that he may bee excommunicated by a Bishop T is true that on the other side hee seemes to favour the Emperour by giving him an office in the Church and making him Archdeacon for expounding the word Ordinem hee saith From this word some have affirmed that the Emperour should have the Order of Subdeacon in the Church but it is not true because hee hath a militarie character yet howsoever hee performes the office of Subdeacon when hee serves the Bishop O bravely thrust 6 Gregory the seventhâ in an Epistle which he sent to the Bishop of Mentz speakes yet in a more loftie style for point of honour Who makes question saith he but the Priests of Christ are reputed for the Fathers and Masters of Kings and Princes and all the faithfull Is it not knowne that 't is a miserable madnesse if the sonne should goe about to dominere over his fatherâ or the scholler over his master and by some unlawfull obligations to bring him under his power by whom he may be bound and unbound not only upon earth but in heaven also The glosse makes an exception Yet if the father should grow franticke the son should be made Tutour over him to governe him He that shall reade Cardinall Benno upon the life of this Pope and others that have made mention of him will finde that this is not much beside the cushion 7 Pope Iohn the eighth saith That t is Gods will the disposall of the Church should belong to the Clergie and not to secular Princes who if they be of the number of the faithful his will is they should be subject to the Clergie He addes yet further That Christian Emperours ought to submit their executions to Ecclesiasticall Prelates and not to preferre them Pope Gelasius writ to the Orientall Bishops That Christian Princes were wont to obey the Decrees of the Church and not preferre their owne power To submit their owne heads to Bishops not sit as Iudges of theirs These are the Glosses of the Councell of Trent upon the forecited Decree all taken out of Gratians Decree all hammered out and whetted in the Popes forge 8 They forgot that Decretall of Clement the third Saint Peter commanded saith he that all Princes of the earth and all other men besides should obey Bishops The Glossatour infers Ergo The Princes of the earth are inferiour to Bishops Which is true But if the King have many Bishopriques within his Realme before which of them shall he treat of his spirituall cases Hee shall treat of them before that Bishop in whose territorie hee makes his principall residence Which glosse is approved and followed by the Canonists that comment upon that place And wee need not wonder if they would have the King to repaire to the Bishop to treat of spirituall matters For there are some of them that left it in writing that if the Bishops bee out of the fiefs or mannors which they hold they are not bound to call Kings by their names nor to acknowledge them for Kings not so much as for the goods temporall of the Church It is a Pope that pronounced this sentence by name Innocent the third 9 We forgot to tell how our Canonists are entered upon a profound piece of Philosopie to know exactly how much the Sun is bigger than the Moone for without the knowledge of this point they cannot resolve how much the Papall dignitie surpasseth the Imperiall inasmuch as this is the ell with which they must be measured the Pope being by Innocent the third compared to the Sunne and the Emperour to the Moone The Glosse upon that Chapter determines the case thus Wherefore seeing the Earth is seven times bigger than the Moone and the Sunne eight times bigger than the Earth it followes that the Papall dignitie is fortie seven times bigger than the Royall Iohn Andreas observes there is a fault in this glosse In other copies saith he it is ten times foure in othersâ fortie times but neither this nor that can stand with the supputation of the Glosse For if the Earth be seven times greater than the Moone and the Sunne eight times greater than the Earth the Sunne must then be eight times seven times greater than the Moone and therefore it is fifty six times greater For eight times seven make fifty six Pope Gregory in his censure upon this place takes notice of this diversity of reading which is more to his owne advantage In other copies saith he it is fifty times seven times But for the quantity of the Sunne and Moone and Earth and how much greater one of them is than another see Ptolomie in hiâ fift Booke and sixt Chapter It was requisite to observe that for by this meanes the Popes greatnesse is tenne times greater But see here another addition yet which helpes well to augment the score Here Laurence saith the addition cites the saying of Ptolomy it is evident that the greatnesse of the Sunne containes the greatnesse of the Earth one hundred forty seven times and two halfe parts more It is also well knowne to every body that the greatnesse of the Sunne containes the greatnesse of the Moon seven thousand seven hundred forty foure times and one halfe more See here how they write of this point it being to be feared they will never disintangle themselves out of these doubts but by the determination of a Councell and further it will be necessary that they imploy some surveyouâ in the busines And if in the meane time the Sunne should happen to decrease or the Moone to encrease there would be a great many amaz'd with it 10 Though this be but a sport yet no man of judgement but will bee more readie to weepe than to laugh at it For this vanitie hath made men renounce the simplicitie of Christianitie to runne after the world and glut themselves with vanities This Ecclesiasticall ambition begunne to grow up as high as Origens times We are in such a taking saith hee speaking of the Prelates of his times that we seeme to outvie the pride of the Princes of this world either because we doe not understand or doe not respect the commandment of Christ and after the fashion of Kings wee desire to have weapons of terrour to march before us Saint Chrysostome saith likewise That the Princes of this world are for ruling over such as are inferiour to them for bringing them into subjection and spoiling them when they deserve it and for serving their turnes of them to their commodity and for their honour even to death But the Prelates of the Church are ordained to serve such as are inferiour to them and to minister unto them all that they have received from Christ c. It is not then either just
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 âee 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
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 reigâe long in happinesse it is written of you The King which sits upon the seat of justice ââth 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 coÌmon 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 Theodosiââ 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 eveââââhops themselver As if Princes were no more but miâisters 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 ãâã âhe 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 prâsiâent 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 âeene 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 âârange consequence when they concluâe from hence that Kings and Emperours cannot
hath reckoned up all the Archbishopriques that were at that time in Christendome it placeth the Emperours and Kings in this manner Christian Emperours The Emperour of Rome The Emperour of Constantinople Christian Kings The King of France The King of England The King of Castile and Leon. The King of Sicily The King of Aragon The King of Hungary c. 13 The French colours saith Baldus march alwaies foremost and no other King whatsoever may goe before them And elsewhere The King of France is above all other Kings Our Doctours marshall the Kings so that they alwaies put him of France in the fore front as Alberiâus de Rosate Antonius Corsetus and others Some of them tell us that if hee be walking with the Emperour at the going in at doores and other strait places they enter both together sidewise and the one doth not goe before the other Boniface de Vitalianis witnesseth that at Rome in his time hee that spoke of a King without addition was supposed to meane the King of France An ancient Greek authour saith the like for his time An English Historian saith the King of France is accounted the chiefe amongst all Kings In briefe it is the common opinion of all the Doctours that ever writ of it to seeke no further even of the Spaniards themselves 14 I will content my selfe with setting downe here in this place what hath beene spoken of this point by one of the King of Spaines owne subjects Lancelot Conrade by name as considering that his testimony is authentique and void of all suspicion The Doctors saith he doe sometimes dispute which of all the Kings is to have the first degree of honour and who is preferred above all the rest But they seeme generally to agree that this honour belongs entirely to the King of France for he is styled the most Christian King and is above all Kings at this day and takes place of them as Baldus teacheth Ad § ult Colum. ult tit De prohibita feudi alienatione per Fridericum And before him Iohannes Andraeas in cap. 2. De praebend in 6. Which is followed by Paris de Puteo in Tract de duello § nobilis provocavit num 10. lib. 25. And Nicholas Boerius Tract de ord grad utr for in prima parte num 12. And that by the authority of Albericus de Rosate in Rubric Digest de statu hominis De Ripa saith likewise in his Tract De peste part 1. num 80. according to Baldus Cons. 217. Ego puto volum 3. that no man may pretend any prerogative of honour against the colours of the King of France Hee afterwards comes to speake of the King of Spaine whom he highly extols for his power greatnesse and titles yet so as for matter of order he alwayes makes him inferiour to the King of France And yet for all that he was his Prince and Conrade his naturall subject as being a native and inhabitant of the towne of Lauda within the Duchy of Milan For marke what hee saith himselfe of it when he reckons up the titles of the King of Spaine He is King Prince Arch. Duke Duke and Lord of divers townes and was not long agoe made Duke of Milan our Lord and our Duke There is yet more in it namely that the saying of this Doctour was confirmed and authorized by a Decree of the Senate of Milan that is by one of the King of Spains Soveraigne Courts For heare what the same author saith of it in his preface Petrus Paulus Arigonus third President and one of the Kings Counsellours in the Province of Milan and with him Petrus Antonius Marlianus Iohannes Baptista Raynoldus Danesius Philiâonus Marcus Antonius Caymus Commissary appointed for this matter by speciall deputation Paulus Alia Ludovicus Mazanta Octavianus Bignamus Senator elect by the King as being of Lauda Iulius Clarus Polictonius Mediobarba Molineus Scipio Symoneta and Leonardus Herera famous Lawyers and honourable Senatours have by a speciall Decree ordained that this booke may be published Nay Pope Pius himselfeâ as the same authour affirmeth in the processe of that discourse confirmed it it may be without ever thinking of this And afterwards saith hee the great Pope Pius the fourth confirmed and as it were consecrated this Temple by imposition of hands 15 And yet for all that he was the man who would have put the King of Spaine in equipage with ours at the Councell of Trent as Onuphrius testifies It is true which hee addes that the same Pope gave the precedency of honour to our Kings Ambassadour at Rome Not long after saith he when there arose a controversie betwixt the French and Spanish Ambassadours who should have the more honourable place in publique assemblies which was hatched long before by meanes of Francis Varga the Pope after much dodging at last adjudged the first place to the French after he had beene long plodding about a forme of agreement but could finde none For the Spaniard denied the precedency to the French and the French would not endure that he should be made equall with him But there is alwayes in the Popes exactions as well as in the decrees of our Councels somewhat in the fag-end that spoiles all For marke what followes Vpon this occasion Ludovicus Requesenius great commander of Castile and Ambassadour of Spaine being displeased departed from Rome after hee had made his publique protestation to the Pope which the Pope admitted and promised him he would judge of it I know not how he meanes to proceed in it for to judge after he hath once determined it himselfe to what purpose seeing there is âo new evidence come in and that he was so long a consulting about that judgement which he passed To referre it to a Councell that were as much as to confesse himselfe inferiour to it he will beware of that blow So you see we are put upon the quarrell againe 16 After that there were some Popes that altered the place which the Emperours Ambassadours and they of other Kings used to have in their Chappell made choice of another altogether inconvenient to the intent that they not accepting of it the Spanish Ambassadours should not lose the precedency which fell out accordingly And from that time forwards there hath beene a contention about precedency betwixt the Ambassadours of the two Kings Which was debated at Venice when the league was concluded against the Turke betwixt the Pope the King of Spaine and the Venetians For the Spanish Ambassadour entreated that the French might not assist at the Ceremonies But the Signiory thought it fit that he should hold that ranke of honour which belonged unto him And so he did It is true the Spaniard who was a Church man to slip his necke out of the collar desired that he might sing Masse which was granted unto him As for the Court of Rome the King of Spaine hath for some late yeares had so much
Article of the Ordinance of Orleans Secondly that the Councell gives the power of this erection to the Clergie without employing the Maiors Sheriffes Councellors Capitons or other Civill Magistrates which the same Ordinance doth require the words whereof are these Besides the said Divinity Prebend another Prebend or the revenewes thereof shall bee assign'd for the maintenance of a Schoolemaster who shall be bound in the meane time to teach all the youth of the City gratis without any wages Which Schoolemaster shall be chosen by the Archbishop or Bishop of the place calling in the Canons of the Church together with the Maiors Sheriffes Councellors or Capitons of the City and to bee put out by the said Archbishop or Bishops with the advice of them aforesaid And the execution of the aforesaid Ordinance is committed to the Officers Royall by another Ordinance of the same Prince given the 22 of November 1563. And the reason why the Ecclesiastickes are here joyned with the lay in the election of a Schoolmaster is because his maintenance is taken out of the revenewes of the Church For otherwise there were no necessitie why they should come in 34 In the third place it disposeth of other mens goods too freely as of building money imploying it to another use against the will of the founders King Henry the third without any regard had to the determination of that Councell by his Edict of Melune Anno 1580 Article the eighth doth expressely forbid both his Iudges and all others to divert or apply the goods and revenewes which have beene given for the building of Churches and Chappels to any other use than that to which it was ordain'd Which sheweth withall the little regard the late King had of this Councell 35 It disposeth likewise of the revenewes of Hospitals contrary to the intention of the Founders and to the prejudice of divers Ordinances of our kings which have beene made in this behalfe whereby all jurisdiction and disposall of the goods of hospitals is intirely given to the Iudges Royall who are commanded to take the accounts of the administration of them to proceed to the correction and reformation of such abuses and disorders as are committed in them to assigne an allowance to their tutelar governours for the charge of divine Service which they are bound to doe to give the residue intirely unto the poore according to the institution of them This is the summe of King Francis the first his Edict given at St. Germain in Laye the 15 of Ianuary 1545 published at the Parliament of Paris the 4 of February the same yeare confirmed afterwards by another of the same Prince made at Rochfort the 26 of February 1546 and another given at Melune the 20 of Iune the same yeare another of King Henry the second the 12 of February 1553. of Charles the ninth 1561. of the Ordinance of Moulins of the same Prince Article 73. And besides all these by the Edict of Blois by the late King Henry Article 65. All which Edicts set downe other formes for the administration preservation and distribution of the goods of the said hospitals Yet so that they must alwayes bee imployed to the reliefe and sustentation of poore people the reparation of buildings and such necessaries 36 The same Councell disposeth likewise of infeodated tithes that is such as have by just title beene appropriated to lay men so as now they retâââ nothing of spirituall giving the Bishops Soveraigne power to apply one part of them to the maintenance of Colledges and so as there shall bee no appeale from them Which it ought not to doe because it hath no power over the goods and lands of lay men no nor over the temporals of Clergy men in the Realme of France It is here considerable that although tithes bee reckoned amongst spirituall things by Eugenius the third yet that 's improperly spoken and they are not so truly spirituall as set aside for the use of the spirituall Ministers of the Church as Mr. Iohn Gerson teacheth 37 And this is also the reason that by the Edicts of our Kings the most of the controversies arising about tithes are of secular jurisdiction as when the question is of the possessorie when the quotitie of tithes is controverted or the removeall of corn or other tithable fruits of the earth out of their place before the tith be payed and such like cases So that there is nothing left for the Ecclesiasticall jurisdiction save onely the question of right namely Whether the tith be due Amongst other Edicts to this purpose there is one of Charles the ninth whose words are remarkable All suits concerning tithes and the right of them wee have for the present remitted to the ordinary Iudges of every Province to whom the cognizance thereof shall appertaine and over which we have given them full jurisdiction And another of the same Prince made at Paris the 18 of April 1571 in the 16 Article of which there is this clause Wee grant unto our Courtâ of Parliament the cognizance of such suits as shall arise hereabout every one within their owne circuit 38 If these Ecclesiasticall tithes are of secular jurisdiction because they have in them but a little of the spirituall much more ought they to be so which are appropriated So it is reported as a ruled case in law That tithes holden in see belong to the jurisdiction of the secular Iudge exclusively to the Ecclesiasticall So then the Ecclesiasticall Iudges cannot intermeddle with them nor determine of them without intrenching upon the other jurisdiction much lesse can the Clergy dispose and decree concerning them whether assembled in Councell or otherwise to the prejudice and damage of the lay men that are the owners and possessors of them And therefore in this Kingdome wee ought not to have any regard to that prohibition made by the Councell of Lateran whereby lay men that hold tithes in fee are forbidden to make conveyance of them to other lay men for that is to make lawes about particular mens estates and thrust the sickle into another mans harvest Now the attempt which is made by the Councell of Trentâ the thing now in question is farre greater for that of Lateran doth onely prohibit the alienation of them to lay men whereas the Councell of Trent gives Bishops power to deprive a lay man of his goods and estate of a thing which truly belongs unto him and which hath nothing spirituall in it to wit to take a part of his tithes that is a part of his inheritance from him and convert it to the maintenance of a Schoole And which is worse there must bee no appeale made from that order and decree which the Bishop shall make what abuse so ever theâe be in it So that both the owners and possessors of those tithes shall be deprived of their goods and the Iudges of their jurisdiction and that to the prejudice of those