the Pope stands to have superiority over the Emperour which is ridiculous to speake and odious to heare For naturally ever since the beginning of the world not only Lay men but the Clergy also have beene subject to the power and jurisdiction of the Empire 20 Speaking in another place of a womans joynture aliened by the husband This he saith cannot bee recovered by the wife when shee is bound by oath according to the Canon law which in this case is repugnant to the Civile The Canon law saith he is observed even in the lands of the Empire Here take notice how the Popeâ— usurpes upon the jurisdiction of the Empire in this as he doth also in divers other things which commeth to passe by reason of the inexperince of the Emperours 21 Theodorick de Nihem in his third book De Schismate speaks his minde very roundly exclaiming against those who put two swords into the Popes hands Now that the Empire saith he depends principally and immediatly upon God as well as the Church or Ecclesiasticall power is manifest by evident reasons It is further confirmed by that Decree where the Pope writes to the Emperour My Church over which our God hath ordained my Priesthood while you governe humane affaires c It is proved also by divers testimonies out of the Law Whence it followes that they talke sorrily and soothingly who say that the Pope or the Church hath two swords the spirituall and the temporall whereas it is said in the Gospel Put up thy sword into thy sheath For if both the swords were in the Popes power the Emperour or the King of the Romans should have that title falsely and vainly given unto him But these flatterers by such like words and writings breed a great errour over all Christendome and raise as it were a continuall emulation or contention betwixt the Pope and the Emperour For by this meanes the Imperiall authority is trampled under foot and his power called in question to the great dammage of the whole Common-wealth 22 Antonius de Rosellis in his book De potestate Imperatoris Papae saith It is a foolish and hereticall opinion that the whole disposall of temporall things iâ— or ought to be in the Popes power or any other Ecclesiasticall persons He saith further He omittes that and laughes at it which some use for a shift That the dominion over temporall things belongs to the Pope habitually and in power though he doe not immediatly actuate it but by the mediation of the Emperour who as they say receives the Empire from the Pope and the administration thereof so as he depends upon the Pope For upon whom the exercise is bestowed to him also is the habit given much more seeing that virtue consists in the act not in the habit And in another place Whence it followes that the Pope hath not the power of electing and crowning the Emperour by virtue of his high Priestship which he received from Christ But he performeth the coronation by virtue of his commission granted unto him by the Empire which may also bee revoked upon occasion 23 Albert Krants a Dutch Historian and devine who lived a little before these late broyles about religion speaketh so of the creation of Kings which the Pope challengeth as that he plainely shewes that he dislikes it For telling a story of a Duke of Cracovia whom Pope Iohn the 22 created King of Poland Then saith he the Popes were come to that majesty which Secular Princes call presumption that they created Kings 24 In the Act of the Protestation made by King Charles ann 1563 upon the monitory of Pope Pius the 4 set out against the Queen of Navarre wee finde this clause worthy our observation As for goods the King thinks it strange that the said Holy Father will intermeddle with the confiscation of goods within his Kingdome or with the diminution or disposing of them as the said monitory affirmeth contrary to all the constitutions and Canons of Councels that were ever yet seene upon record in the bookes of his predecessours 25 But there is nothing more masculine generous than the Remonstrance of that noble Parliament of Paris exhibited to the deceased King against the Bull of Sixtus Quintus ann 1585 whereby he excommunicated the King of Navarre our Soveraigne that now is and the Prince of Conde depriving them of their goods and Lands As for the holy Bull the Court doth finde it to be of a new stile and so farre from the modestie of the former Popes that it hath no affinity with the wayes of a successour of the Apostles and forasmuch as wee doe not finde in our records nor in all antiquity that the Princes in France were ever subject to the justice of the Pope nor that the subjects sat in judgement upon the Princes religion the Court cannot take it into consideration till the Pope doe first shew some right which he pretendeth for transferring of Kingdomes ordained and established by God before ever the name of Pope came into the world till he have shewed us upon what title he meddleth with the successour of a Prince full of youth and strength and who naturally ought to have his heires of his owne body Hee must informe us with what colour of piety and religion he bestowes that which is none of his owne he takes from another that which belongs unto him hee putteth vassals and subjects in rebellion against their Lords and Soveraignes and reverseth the grounds of all justice and civill government 26 As for the absolving of subjects from the oath of allegeance to their Lords and Princes the last words of Ralph Duke of Suevia whom Gregory the 7 had caused to rise up against the Emperour Henry the fourth loosing the tye of that oath which bound him to his Prince and creating him Emperour are sufficient proofe to any man that it is a very unlawfull act You see saith hee to his familiars how my right hand is sore of a hurt it is the hand whereby I swore to Henry my Lord and Master that I would never annoy him that I would never lay in ambush to intercept his glory but the Popes commands brought me to this to breake mine oath and usurpe an honour which was not due unto me You see what end it is come to I have received this mortall wound upon this hand which broke the oath Let them then who have incited us so to doe consider in what manner they urged us for feare that wee bee not brought to the downfall of eternall damnation 27 Sigebert speaking of the samâ— Henry and of Pope Vrbane the second who had also excommunicated him deprived him of his Empire and absolved his subjects of their oath of allegeance I dare say saith he by the favour and good leave of all honest men that that new doctrine that I call it not heresie was not yet come into the world That his Priests
What would a man desire more Bellarmine knew well enough that this reason is but of base aloy for contenting himselfe with the bare mention of it and quoting of the authors for his part he hath recourse unto others but such as are no whit stronger He saith then for the Councell of Constance that when it made these Decrees it was not such as had power to determine controversies of faith inasmuch as it was not then Generall that it had but the third part of the Church to wit onely so many Prelates as obeyed Pope Iohn the three and twentieth and not those which obeyed Gregory the twelfth and Bennet the thirteenth And marke here how hee would enervate what was done by a Generall Councell because of the absence of some schismaticall Prelates By this reason all the Councell should be a nullitie from the beginning till the end and not a part of it only as he would have it For the Prelates which acknowledged Gregory for Pope never assisted at it but persisted with their Pope in that schisme even til the end And yet Bellarmine affirmes that this Councell is legitimate and approved only for the reason aforesaid hee excepts that Session wherein these Decrees were enacted It was not then such saith he that it had power to make these decisions in matters of faith But I beseech you a Councel consisting of two hundred Fathers then when it made these Decrees where the Emperour and many other Princes were present in person the Ambassadours of all the Kings and Princes of Christendome except two the Proctours and Syndiques of all the Nations and Vniversities in Christendome and so many persons of another quality in such abundauce that above thirty thousand horse were seen to arrive there at the beginning as Nauelerus testifies This Councell I say according to Bellarmine could not ordaine any thing concerning the power of the Pope and of a Councel by reason of the absence of some schismaticall Prelats Now let any man be judge if any thing firme and strong can bee expected from Councels Now that all those whom wee mentioned were at the enacting of those Decrees is apparent from the very text of the fourth Session the words are these The thirtith of March there was holden a Generall Session in the Cathedrall Church of Constance in which there were two hundred Fathers c. There was also the King of the Romans with the habit and formalities belonging to the King of the Romans After masse was done the Cardinal of Florence read certaine constitutions which should be observed by the Councell the tenure whereof is set down hereafter which being read and approved by the Generall Councell Henry de Piro Proctour and Syndic for the German nation did desire in behalfe of that Nation that a copy of those ordinances that is the Decrees mentioned might be given unto him The like was required by the Proctours and Syndiâ—s of all the countries subject to the King of the Romans of the Vniversities the Schooles and Ambassadours there being present at the same time the most illustrious Princes Frederic Burgrave of Noremberg Ralf Duke of Saxony the Count Madesburg Count Bertold de Vrsinis the Ambassadours of the Kings of England France Poland Norwey Cyprus Navarre and also Iohn Vicount of Milan the Marquesse of Montferrat and divers other nobles and reverent Fathers in great abundance Shall two schismaticall Popes with their Prelates of the same stuffe have more authority than all this great multitude 4 Now that these Fathers were Schismaticall and consequently those of their faction before those Decrees were maâ—e is apparent from the testimony of Platina himselfe who speaking of the first Councel of Pisa where their deposition was decreed before that of Constance By mutuall consent saith he they deprived Gregory and Benet of the Papall dignity all nations assenting to that so hard sentence except the nether Spaine the King of Scotland and the Earle of Armaniac who favoured Pope Benet Now this deposition together with all the Decrees of this Councel of Pisa was confirmed by Alexander the fifth who was accounted lawful Pope And yet Bellarmine will have these two Popes with their Prelates to make two parts of the Church For see what hee sayes of the Councell of Constance It was not then a Generall Councel because there was only the third part of the Church there to wit only those Prelats which obeyed Iohn For those which obeyed Gregory and Benet did oppose that which was done by the Councell Hee saith further That there was no certaine Pope in the Church without whom controversies in faith cannot bee determined So that hee doth not acknowledge Iohn for Pope who was then acknowledged by all and was so ever after untill his condemnation Platina testifies that he was created at Bononia with the consent of all It is he that called the Councel of Constance it is he that assisted in some Sessions of it He was not indeed at the fourth and fifth where these Decrees were made by reason of his flight But hee was lawfull Pope tho and continued so still till he was deposed and condemn'd which was occasioned by his lewd life and those crimes committed by him As also on the other side hee acknowledged it for a lawfull Councell For upon the very day of the fourth Session came the Archbishop of Rhemes with letters of credence from him the contents whereof were That his suddaine departure was not for feare or cowardice but by reason of the bad aire and that he offerd to fulfill all that he had promised to the Councell and when they proceeded to his condemnation approv'd of all â— adding that in all things hee conform'd himselfe to every ordinance deliberation and determination of the said sacred Councell and that he ratified the processe made against himselfe affirming the Councell of Constance is most holy that it cannot erre that it is a continuation of that of Pisa and that he would never contradict the sacred Councell of Constance 5 But suppose there was no Pope certain what followes upon that That the Councel saith Bellarmine could not deliberate upon matters of faith This is ever to returne to the place whence wee came 't is as much as to say The Pope alone is more than all the body of the Councel Hee hath more authority than it The councel hath not its power from Christ immediatly But see here that which strikes the stroke Pope Martin the fifth accounted legitimate by all and confessed God be thanked even by Bellarmine himself hath approved the Acts of this Councell in the last Session of it Bellarmine slyes to his distinctions saying He confirmed only such Decrees as concerne the faith such as were made Conciliariter that is saith hee according to the use in other Councels after the thing had beene diligently examined And it is apparent saith he that this Decree was made at the Councel of Constance
by the impiety of some whereby the whole Catholique Church is blemished For we are given to understand not upon uncertainties but by the credible relation of Hilary the Deacon who fled away from thence lest he should be compell'd to subscribe how that many Ecclesiastiques arrived at the Councell who would have beene very serviceable both for deliberation and judgement if hee that assumed unto him the first place would have contained himselfe within the bounds of Ecclesiasticall modesty and beene content as the manner is with a faire and equitable examination with all liberty of speaking what is agreeable to faith and profitable for those that are in an errour But on the contrary we are informed that all those that came to the Councell did not give voices the judgement and that some were put backe and other some admitted namely such as had rendred their hands captive for the subsigning of those impious subscriptions knowing that it would goe ill with them unlesse they did what they were enjoyned And after that Which our Legats perceiving they boldly protested as they ought to doe c. And yet after Wherefore Reverend Emperour we intreat you to command that all things abide in the same state they were before this judgement passed till such time as a greater number of Ecclesiastiques be assembled from all parts of the world There is nothing in this but may be said at this day against the Councell of Trent as we have formerly proved and to make it the more evident wee will adde the protestations that have beene made against it at divers times and by divers men that we may from thence conclude That neither absence nor presence could be any prejudice to those that now finde fault with this Councell A REVIEW OF THE COVNCELL OF TRENT BOOKE II. CHAP. I Of the denyall of justice made by the Councell to such demands as were there proposed by Catholique Princes 1 HAving treated of such nullities as concerne the forme and proceedings of the Councell wee now come to those which concerne the matter and these we make of two sorts for they consist either in the denyall of justice or in the making of injust Decrees For the first wee may truly say this Councell made no conscience of satisfying the requests and demands of Christian Princes I will not speake of those the Protestants made and others that have drawne backe from their obedience to the Popeâ— but onely of such as were made by Catholiques the Emperour the King of France the Duke of Bavaria the whole German Nation represented in an Assembly of the States and others upon the point of reformation Some of those demands though but very few were taken into consideration and judged by the Councell so that by consequence though the judgement were injust we cannot ground a plea of denyall of justice upon them however not to divide them from the rest wee shall here set them downe after we have done with those that concerne the Pope and the Court of Romeâ— not medling with others nor with the points of Religion now in controversie which belong properly to Divinity 2 The Emperour Ferdinand by his Ambassours as a Catholique historian hath it desired a reformation both of the Pope and Court of Rome to have the Cardinals reduced to the number of twelve or twenty six at most an abrogation of scandalous dispensations a calling in of immunities granted against common right a reducing of Monasteries under the jurisdiction of the Bishops of the Dioces where they stand an abatement of the multitude of Canons and Decrees a repeal of many that are superstitious a reducing of Ecclesiasticall constitutions to the rules of Gods law prohibitions against proceeding to excommunication unlesse it be in case of mortall sin or publique scandall a purging of Masse-books and Breviaries and expunction of that which is not taken out of the Scripture a joyning of certaine prayers orisons in the vulgar tongue together with the latine hymnes communion under both kinds a mitigation of that extreame rigour of fasting and licence for eating flesh a permission for the marriage of Priests a rasing out of divers glosses upon the Gospels and a making of some new oaths by the most leaâ—ned men which all Curats should bee bound upon great penalties to receive 3 The King of France his Ambaâ—sadours had some such like Articles in their instructions as concerning the reformation of the Court of Rome excommunications the restoring of the cup marriage of Priests prayers in a knowne tongue and for this last their instructions were expresse to demand that Psalmes might be sung the Sacraments administred and a Catechisme made in the vulgar tongue And besides to assist all such as should require a just reformation in all other matters The originals of these instructions which I have seene were signed by the late King Charles the Queen mother Monsieur the Duke of Anjoâ— the King of Navarre the Prince of Rochesuryon the Constable the Duke of Guise the Marshal Memorancy the Chancelour of the Palace and some others Hereupon the King of France his oratour said when they proposed these demands that they did wonderfully agree with those of the Emperour and for that reason they had deferred the proposall of them supposing that if the other were assented unto they should also be satisfied But perceiving the lingrings and delayes that were used in that behalfe and withall pressed by the letters of the King their master they were constrained to make a motion of them They required further that all mandates of provision of benefices all reversions reassumptions resignations holding of livings in trust and commendams might be quite taken away as contrary to the decrees and that resignations in favour might be banished the Court of Rome as forbidden by the sacred Canons that a course might bee taken for instructing the people what they ought to belâ—eve concerning the worship of Images and to cleare it from all superstitions and errours if any were crept into it and the like essay to be made about indulgences pilgrimages reliques of Saints and fraternities that not only the ancient forme of publique penance might bee restored in the Church for heinous and publique offenders but also publique fasts for the appeasing of Gods wrath that generall Councels might be holden every ten yeares that for abridging of suits about benefices that distinction of petitory and possessory might be taken away or rather for the utter extinguishing of such suits that Bishops might be enjoyned to bestow them not upon such as seeke after them but those that are worthy of them and avoid them and for certaine proofe of their merits to make them preach sometimes and those such as have taken some degree in the Vniversitiesâ— upon whom onely livings might be conferred by the consent of the Bishop and the people 4 The Catholique Princes and all the States of Germany assemblâ—d in an imperiall Diet at Noremberg 1522
for the Acts of the Councell say in expresse termes That the Kings of England Hungary Bohemia and Denmarke consented thereunto So likewise the Emperour Sigismund called that of Constance the Emperour Maximilian that of Pisa. 27 Although the Popes Primacy be not acknowledged by the Greâ—k church yet he assembled the Councell of Ferrara where were present the Emperour of Greece the Patriarch of Constantinople and a great number of Greek Bishops Let us never then make it a matter impossible it is fesable enough if we give our mindes to it When the Pope called the Councell of Trentâ— he communicated it first and formost with Christian Princes and required their advice about it Having asked the advice saith Paul the third in his Bull of Convocation and sounded the mindes of Christian Princes whose consent in the first place we thought usefull and convenient and finding them not averse from this our designe we have thereupou denounced the Councell So King Charles the ninth became a suitor to the Pope and Princes of Christendome for the renewall of that Councell for mark how he speakes of it in his letters directed to the Prelates of France to cause them goe thither Although the present troubles of the Church have moved as to desire and procure by all meanes possible the holding of a Generall and Oecumenicall Councell and that our holy father the Pope the Emperour and other Christian Kings and Princes by their severall answers made upon our instant request and suit unto them thereabout doe make a faire show of being willing to hearken thereunto c. 28 He did no more in this but imitate the patterne of other Kings his predecessors Charles the sixt to make up the schisme betwixt Pope Boniface and Pope Bennet sent his Ambassadours to the Emperour the Kings of England Bohemia and Hungary to entreat them to have a regard to what concerned the publique good and quiet The same King went so farre that he perswaded Wenceslaus the Emperour to come to Rhemes where there was a Generall Councell holden upon that occasion where the Ambassadours of the King of England and divers other nations were present CHAP. VII That the authority of calling Councels belongs also to Kings and Princes 1 THese examples invite us to looke a little further into France and speake more fully concerning this point of calling Councels And the rather because both our Kings and all other Princes of Christendome are deprived of this royal prerogative by the Councel of Trent and that in such sort that the Pope thereby enhanseth his owne greatnesse to whom all such Councels are bound to swear obedience and not to depend upon any but upon him The Decree runnes thus Provinciall Councels if they have beene any where disused let them for reformation of manners correction of abuses composing of Controversies and such other ends as are allowed by holy Canons be brought up againe Wherefore let the Metropolitans themselves or if there bee any lawfull impediment why they cannot the senior Bishopâ— within a yeare at the furthest after the end of this present Councell and after that once every three yeers at least after the octaves of the resurrection of our Lord Iesus Christ or at some other more convenient time according to the custome of the Countrey not faile to call a Synod in their severall Provinces 2 And in anothâ—r Session there is a strict injunction laid upon them That at the first Provinciall Synod which shall bee holden after the end of this present Councell they publiquely receive all and singular such things as have beene determined and ordained by this holy Synod and withall promise and professe true obedience to the Bishop of Rome It remaines that wee prove this right of calling Councels to belong to our Kings within their owne Kingdome In the collection of the liberties of the Gallicane Church there is this Article The most Christian Kings have alwayes as occasion and the necessities of their Countrey required assembled or caused to assemble Synods or Councels Provinciall and Nationall Who among other things concerning the preservation of their State have also treated of such matters as concerned the order and Ecclesiasticall discipline of their Countrey touching which they have caused rules Chapters lawes ordinances and Pragmaticall Sanctions to be made and set out under their name and by their authority Wee read another Article of this straine in the third Chapter of the Remonstrance made by the Parliament of Paris to Lewes the eleventh 3 Nor is there ought in all this but is well backed by such examples and authorities as shall bee proâ—uced We begin then with Clovis our first Christian King by whose command the first Councell at Orleans was assembled about the yeer 506. So say the Bishops that met there in the letters which they sent unto him To their Lord the most illustrious King Clovis the sonne of the Catholique Church All the Clergy whom you commanded to come unto the Councell So likewise the second Councel of Orleans was holden in the yeer 533. by command from King Childebert which is mentioned in the subscription of the Bishop of Bruges and it is said in the Preface Wee are here assembled in the citie of Orleans by the command of our most illustrious Kings The fifth of Orleans was called by King Cherebert the yeer 549. Wherefore the most mild and invincible Prince Cherebert having assembled the Clergy in the citie of Orleans c. The second of Paris was called by King Childebert ann 558. Being met in the citie of Paris they are the words of the fathers of it by the command of our most illustrious King Childebert The first of Mascon by King Guntrand in the yeer 576. Wee being assembled in the towne of Mascon by the command of our most illustrious King Guntrand 4 The second of Valencia was called by him also in the yeer 588 and it hath the same Preface He called also the 2 of Mascon the same yeer 588 and afterwards by his Edict confirmed the Decrees thereof as made by his commandement Wherefore saith hee wee will and command that whatsoever is contained in this our Edict bee for ever observed and kept forasmuch as wee have taken paines to cause it to bee so determined at the holy Synod of Mascon That of Cavallon in Provence or as others fancie of Châ—alons upon the Saon was holden in the yâ—er 658 By the call and appointment of the Illustrious King Clovis The Synod which was held in France ann 742 was called by Câ—â—loman as hee himselfe witnesseth in the Preface thereunto I Carloman Duke and Prince of the French with the advice of the servants of God and the chiefe Lords of the Land have assembled in a Councell all the Bishops of my Kingdome together with the Priests in the 742 yeere of Christs incarnation 5 In the time of King Childeric Pepin who then ruled all the rost called a Councell
at Soissons in the yeer 744â— where hee assisted in person together with the greatest Peeres of the Land In the second yeer of Childeric the French King I Pepin Duke and Prince of France with the consent of the Bishops and Clergy after I had consulted thereabout with the chiâ—fe Lords of France determined to hold a Synod or Councell at Soissons which wee have also done The Decrees of that Councell are all conceived in his name for the constant forme of them is Wee ordaine with the consent and advice of the Bishops and chiefe Lords of the Land Now these Decrees are concerning the confirmation of the Nicene Creed the keeping of yeerly Synods the ordination of Bishopsâ— the obedience due unto them the life and manners of the Clergy and such like matters 6 The same Pepin being afterwards King of France in the yeer 755 caused almost all the Gallican Bishops to meet at the Councell of Vernes Palaceâ— so saith the Preface to it Charles the Great called the Councell of Frankford where the heresie of Felix was condemned and the seventh Generall Councell as it is confessed in the Acts thereof A great number of Bishops out of all the Provinces under the dominion of the most mild Illustrious King Charles assembled themselves with especiall care by virtue of his ordinance and command Charles the Great saith as much himselfe in an Epistle which hee writ to Elipend Archbishop of Toledo which is inserted amongst those Acts. To accomplish that joy being incited thereunto by a fraternal Charity we have commanded that a Synodicall Councell bee assembled out of all the Churches of our Dominions Which is further confirmed by the authority of the old Chronicle The King in the beginning of harvest what time â—ee called also a generall meeting of the States caused a Councell of Bishops out of all the Provinces of his Doâ—inions to meet in the same citieâ— to condemne the heresie of the Felicians where the Legates of the Pope of Rome were present also 7 The Bishop of Aquileia in a speech which hee made at the Councell of Friuli holden likewise under Charles the Great and Pepin his sonne gives us to understand that he had beene in divers Councels called by the command of Kings and Princes For it having oftentimes befalne the humility of my meannesse to be present at the Generall assembly of a Councell very famous for reverend fathers being thereunto summoned by the sacred commands of our Princes The fourth Councell of Arles was holden also in the time of Charles the Great and called by him in the yeer 813 the Bishops thereof make this praier for him That he God would confirme in his faith the Emperour Charles our Soveraigne by whose commandement we are here assembled So likewise the third of Tours the same yeer 813 The time and place being appointed when and where the assembly should bee we are come to the place appointed according to the injunction which was laid upon us by so great a Prince There was another holden the same yeer 813. under the same Emperour at Mentz at the beginning whereof they speake thus unto him Wee are come to the city of Mentz according to your command So likewise at Rhemes the same yeere 813â— at the beginning whereof it is said This is the order of those Chapters which were made in the yeer 813â— at the Councell of the Metropolitan See of Rhemes called by the most devout Emperour Charles after the custome and fashion of the ancient Emperours There was also another holden under him and by his command at Chalons mentioned by divers ancient Historians who speake also of those others which were holden under him whereof wee have spoken already For say they Hee commanded the Bishops also to keep divers Councels for the reforming of the state of the Church one whereof was holden at Mentz another at Rhemes a third at Tours a fourth at Chalons and a fifth at Arles Wee have the Acts of that of Chalons extant wherein although Charles the Great bee mentioned yet it is not said that the Councell was holden by his command And wee may observe the case to bee just the same in divers other Councels holden in France The same King and Emperour held many other Councels the Acts whereof wee have not now extant yet thus much is testified by Regino that he called them who hath reckoned us up nine or ten after the yeere 770 till 994. King Lewes the 6 called the Councell of Aix in Germany in the yeer 816. Seeing that say the Acts the most Christian and most Illustrious Emperour Lewes by the grace of God Victorious Augustus had called a holy and Generall Councel at Aix in the yeer of Christs incarnation 816. 8 There is an old Chronicler that sayes it was in 819 and another puts it in 820. There was a Councell holden at Paris too by the command of him and his sonne Lotharius in the yeare of grace 829 and three others at the same time in other places as is collected from those words in the preface Hereupon they ordained that Synods should bee assembled at the same time in foure severall convenient places of their Empire Besides this is the very title of the preface Here beginneth the preface of the Synod which was holden at Paris by the command of the most Illustrious Emperours Lewes and Lotharius his sonne And againe in letters sent by the Synod to those Emperours We the most loyall and most devâ—uâ— sollicitours of your salvation according to the meannesse of our understanding in obedience to your desire and command have observed and set downe in these precedent papers such things as concerne Christian religion which we present unto your clemency to be perused and approved of by you 9 There was another Councell holden at Aix by his command in the yeare 338. Whereas we Bishops were assembled together by a Synodicall convocation the most Illustrious and most orthodox Emperour Lewes the most invincible Augustus having summoned us thereunto And yet another at Mentz anno 834. Weâ— are come to Mentz say the Bishops of it according to your commendment And another at the same place anno 837. whither the Bishops say they were assembled By a seasonable and most wholesome order and command from the Emperour Lewes And this is a Synod of which an ancient French Historian speaks saying Rhabanus was created Bishop of Mentz in 847 who by command from King Lewes held a Synod at Mentz the same yeare The title of this Synod saith that this same Rhabanus was president of it and not unlikely but we must understand that this was by authoritie from King Lewes who as wee have said already commended him to hold that Synod There was yet another Councell holden at Mentz under him and by his command in 852 where the same Rhabanus was president the same Emperour being willing to have it so There was likewise
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
Acts of that Councell to shew how those Fathers are not content to wrong our Kings indeed but are further ambitious to make it appeare in writiâ—g Pope Paul the third in his Bull of 1542. by which hee called the Councell doth indeed give that honour which is due unto the King of France â—â—â—king him in this order in that exhortation which hee makes to Kings and Princes Praying saith â—e the foresaid Emperour the most Christian and all other Kings Dukes and Princes whose presence will bee very usefull to come themâ—elves in person to the celebration of this sacred Councell In the 8 Session â—â—â—er Paul the third the President of the Councell speaks in this manner That they will go on successively till it shal seeme expedient to our holy Father â—ho having communicated his Councell and advice with the most viâ—torious Emperor the most Christian King and other Kings and Princeâ— of Christendome the Councell may and ought to bee assembled in this place 6 All this goes well yet but for all that we doe not take it as a courtesie there could be then no question of the precedencie because the King of Spaine was Emperour too and as such tooke place of the King of France Now after that Ferdinand succeeded Charles the fifth and there was a Kiâ—g of Spaine in severall the Pope and the Councell altered their sâ—ile Pius the fourth in a Bull of 15â—0 for the continuation of the Councell Having acquainted saith he with our purpose our welbeloved sonâ—es in Iesus Christ Ferdinand Emperour elect of the Romans and oâ—her Kiâ—gs and Priâ—ces that they send their Ambassadours c. And the Councell it selfe in the tenth Chapter of the ninth Seâ—sion under Pius the fourth Wherefore it adviseth the Emperour Kings Common-wealths Princes c. And in the Acclamations at the end of the Councell worst of all Blessed bee the memory say they of the Emperour Charles the fifth and of those most serene Kings that promoted and protected this Generall Councell Resp. Amen Amen Many yeares to the most Serene Emperour Ferdinand ever-Augustus Orthodox and peaceable and to all other Kings Common-wealths and Princes 7 See here as sad an end for our Kings as the beginning was pleasing In the Catalogue of the fathers and Ambassadours they are diversly ranked but still to the disadvantage of France In the edition at Lyons in 4 printed by Rovillius ann 1566 as also in the French translation by Gentianus Hervetus printed 1566 and in the collections of the Orations spoken in the Councell printed at Paris 1563 this title is put before it The catalogue of the Ambassadours whose names are here underwritten according to their comming to the Citie of Trent And afterwards the Ambassadours are so ranked that the French come after the Spanish And in the catalogue of the Councell in Latine printed at Anvers 1596 and another at Lyons by the same Rovilliuâ— ann 1584 the French Ambassadours are placed next after the Emperours but it is afterwards said That the King of Spaines Ambâ—ssâ—â—our or Oratour sat by himselfe by reason of the controversie which aâ—ose betwixt him and the Ambassadours of the most Christian King See here a suit for our Kings which they may thank this Councell for They can never approve the Acts of it without doing unto themselves a most grosse prejudice That will bee asmuch as giving the King of Spaine a title whereby he will endeavour to make his cause good hereafter And there is no other way to ward this blow but by rejecting the Councell considering withall the great favours done by it unto the King of Spaine not only in this but all other things So when there is any occasion of making answere to his Ambassadours this Councell cannot finde words significant enough to expresse their commendations wherein it is too excessive and on the contrary too reserved and sparing when there is any question about them of France And in stead of what Pope Gregory said who compared the faith of our Kingâ— to a great light shining in the dark ranking them by that meanes above all other Kings in honour and dignitie The Councel on the other side gives this prerogative to the Kings of Spaine giving them the honour to bee the chiefe aâ—â—ngst all Catholique Princes Amongst whom saith it speaking of Kings and Princes King Philip Facile Princeps the prime man offers all his studies industry meanes and endeavours both of body and minde 9 One of the Presidents of that Councell speaking of the Kings of France and Spaine in a certaine booke of his puts the French King behind For disputing against Brentius he saith But what a thing will this bee if those bee not religious whom the Catholique Church holdeth for such As for the Kings of the Romans of Spaine France England Portugall Hungary Poland Bohemia Scotland and all other Christian Princes I doubt not but they are godly Princes I know very well that in writing that order is not alwaies observed which belongs unto the persons spoken of but for him who had beene President in the Councell at that verie time when the controversie arose hee cannot excuse himselfe from malicious and fraudulent dealing towards our Kings 10 Besides their right was so apparent that there could bee no question of it In former Councels they had alwaies taken that place without any controversie The Acts of them are a sufficient proof of it and amongst other of that of Lateran which begun 1512 and ended 1517 under Iulius the secondâ— and Leo the tenth Where in the eighth Session the Ambassadours are ranked in this order The magnificent Signiour Lewes de Solier Ambassador of the most Christian King of France The magnificent Signiour Ierom de Vic Ambassadour of the Catholique King Ferdinand of Aragon And in the ninth Session The magnificent Signiour Lewes de Solier Ambassador of the most Christian King of France The magnificent Signiour Ierom de Vic Ambassadour of the most Catholique King of Spaine The same is againe repeated in the tenth Session 11 AEneus Sylvius who was afterwards called Pope Pius the second in the Acts of the Councel of Basil ranks the Kings of France and Spaine in this order Of the Emperours Ambassadours the Bishop of Lubes the Lord George of the French the Arch-Bishop of Tours the Bishop of Troyes and others of our Colleagues except the Arch-Bishop of Lyons Of the Castiliansâ— only the Arch-Bishop of Consentia Of the Aragonians not a man howbeit it was afterwards said that the Bishop of Albigeaune and Francis Barbarianus who came for Milan had undertaken for the King of Aragon In the edition of the Councels of Constance and Basil printed at Milan by Gotardus Ponticus ann 1511 there is a picture at the beginning and end of either of them where the King of France is placed next to the Emperour 12 There is likewise a very ancient book called The Provinciall of all the Churches where after it
whither it was adjourned by reason of the plague was â—o free place for them all Then hee prosecutes the narration of the â—arman warres now lately begunne So then the Pope makes warre on the one side and keepes a Councell on the other this is truly and without a figure to beare St. Pauls sword and St. Peters keyes The first Session upon the first of May and the â—econd upon the first of September 1559. were onely for Ladies for there was nothing done King Henry set forth an Edict at the same time dated the third of September in the same yeare containing a restraint of transporting gold and silver to Rome where he sets downe at large the occasiâ—ns of the war of Parma begun by the Pope and amongst other things he saithâ— Which holy father upon a suddaine fit of choler had caused a certaine company of men of warre both horse and foot to be levied and set forth and also enticed and perswaded the Emperour with whom we were in good termes of peace and amity to take armes to aid his forces in the designe of the recovery of Parma and after hee had harrased and laid waste all things wheresoever he pleased in the Countrey of Parma he caused his said forces to march towards the territories of Miâ—andula which hath for a long time even during the life of our late most honoured Lord and Father been in the knowne protection of the crowne of France which hee beleaguered using most incredible and inhumane cruelties towards the inhabitants of the said territory yea such as barbarians and infidels would not have used the like giving the world to know very stoutly that he meant them to us who have not deserved any such thing at his hands or the Holy See 6 There were six Sessions holden in the time of that waâ—â—e the two wee spoke of and foure more in two whereof the most materiall points of faith of manners and Church discipline were discussed and determined as those of the blessed sacrament of the Eucharist Transubstantiation the sacraments of Penance and Extreme Unction as also about the jurisdiction of Bishops where many blowes were strucke at the liberties of our Gallicane Church and the rights of the Crowne Now the warre continued all the time of these Sessions without any intermission for there was no respit of peace save in May 1552. what time the said King put forth another Edict derogatory to the former whereby he licensed the transporting of gold and silver to Rome Wherein he saith Our holy father the Pope having now of late made knowne the love and affection which his Holinesse beares continually towards us by good and honest demonstrations c. But the Sessions we mentioned were ended before this for the fourth of them was upon the 25. of November 1551 and for the two following they did but bandy for balls in them for they treated of nothing but the safe conduct of Protestants aâ—d the suspension of the Councell Now the writing sent by the same Prince to all the States of the Empire February the third 1552. witnesseth that during those Sessions all was on a fire where after he hath laid downe the originall and progresse of the warre of Parma and laid the blame of it upon the Pope and the Emperour whom he impeacheth also of other things he profers his helpe and assistance to the Princes of the Empire We offer saith he of our free and princely pleasure meerly to deliver the German nation and the sacred Empire from that servitude wherein it now is to gaine thereby as Flaminius did in Grece an immortall name and everlasting renowne 7 From this time till the beginning of the yeare 1560. our Councell did starke nothing what time Pius the fourth so soone as he got into the chaire sent forth a declaration for the continuation of it against Easter day the next yeere this Bull was dated November the nineteenth or as some copies have it December the thirtieth 1560. The first Session was the eighteenth of Ianaury 1562. the last December the third 1563. during which time there was nothing but troubles and turmoiles in France so that those of the religion there have good reason to say that nothing could then be passed in the Councell to their prejudice they being debarred of the meanes of going thither It is plain first from the Edict of pacification in Ianuary 1561 that at the time of the calling it there was a great deale of stirre in France and that they had something else to thinke of than of making ready to goe to the Councell For it is said at the beginniâ—g thereof It is too well knowne what troubles and seditions have beene heretofore and are daily raised abetted and augmented in this Kingdome by reason of the badnesse of the times and the diversity of opinions in point of religion which now reigneth This Edict thus made for the good of the Country it was requisite to sue for the publication of it by reason of the difficulties raised against it by the Court of Parliament this hung on till the sixt of March in the same yeere what time the publication was made in some kinde by constraint witnesse those words Obeying herein the Kings pleasure without the approbation of the new religion and all by way of caution Yea more six dayes before upon the first of that moneth was the execution done at Vassy against them of the religion which impestered this Realme in more troubles than ever The Duke of Guise making his party the strongest at Court The Prince of Conde being retired to Orleans which they went about to reforme quickly after in April next So that King Charles set forth a declaration upon his former Edict where he saith towards the beginning Whence it is the more strange that some of them are now risen up in armes and have assembled themselves in great number as wee see in sundry places and namely in our City of Orleans under pretence of a certaine feare which they say they have least they should bee debarr'd the liberty of their conscience and the enjoying the benefit of our Edicts and ordinances in that behalfe 8 They had reason to be afraid lest their consciences should be rifled in such sort as were those of Vassy About the time of the first Session all was in an uproare in this Realme and there was nothing setled concerning the peace as may be gathered from an answere made by the Quâ—ene mother to Mounsieur the Prince of Conde dated the 4. of May 1562 where amongst other things it is said In regard of the violence oppressions murthers and outrages committed since the edict and in despight of it both by the one side and the other her Majestie will cause such justice to be done and amends to be made as the case shall require both for publick satisfaction and also private to such as have received any wrong And also from an edict set forth by
of Arles Another Constantine was president of the sixth generall Councell at Constantinople with a good number of his officers assisting and the acts of the Councell make it plaine that hee was not a meere honorary president but that the whole action was guided by him that he pronounced the sentence an◠gave judgement and in summe did all that belongs to an Ecclesiasticall president to doe 17 Charles the Great did the like in the Councell of Francford where hee discoursed of points of faith and made them deliver their opinions upon such as himselfe proposed The Canons and Decrees runne also in his name The Emperour saith hee hath ordained with the consent of the Synod c. 18 The name of Charles the Great puts us in minde of inserting some of our French Synods in this place which we finde oftentimes to have consisted both of Lay men and Clergy men joyntly to determine of matters aswell Ecclesiasticall as Civill 19 In the yeere 742 in the reigne of Childeric Carloman Duke and Prince of the French called a Synod in France where he had some Bishops some Priests and some Lay Princes of the Realme by whose advise and counsell hee made certaine Ecclesiasticall constitutions By the advise of the Church-men and the Princes of this Realme we have ordained decreed c. See how hee speaks in the Decrees of that Councell 20 The yeer 744 under the same Childeric Pepin a French Duke and Prince called another Synod at Soissons consisting of Churchmen and some chiefe Lay men of the Realme with whom hee enacted some Ecclesiasticall lawes Wherfore with the consent of the Bishops Priests and servants of God and the advise of the chiefe of the Kingdome we have decreed to renew the Synod every yeer c. Againe◠Wee have constituted and ordained by the Councell of the Clergy men and the chiefe men of the Realme aforesaid See you in what style the decrees of that Councell were conceived 21 The yeer 787 the Emperour Charles the Great being departed from Rome to come into France As soone as he was arrived at Worms saith Rhegno he called a Synod and declared the reasons of his journey to the Clergy and Princes of his Realme 22 The Councell of Meaux under Charles the second 845 mentions some former Councels that consisted of Clergy and Lay men Another was holden saith it at his returne and confirmed under the proper seal of the Prince and all the rest both Clergy men and Lay. And in another place They ordained first of all to settle something that had beene formerly decreed by the same Prince together with the Lords spirituall and temporall 23 The Councell holden at Pistis upon Seyn the yeere 863 was of the same nature with these◠as wee may perceive by the beginning of it In the name of the Holy and indivisible Trinity Charles by the grace of God King of France together with the Bishops Abbats Earles and the rest of the faithfull regenerate in Christ gathered together from diverse Provinces at a place called Pistis upon the river Seyn in the yeere of our Lord 863 the 23 yeer of the reign of our Soveraigne Lord King Charles indiction the tenth The Kings and Bishops assembled before us◠being guided by the feare and love of God have made diverse constitutions and decrees with the Counsell and consent of the rest of the faithfull people of God And in the second chapter For the putting of which things more particularly in execution wee have thought fit here to renew some amongst many of the constitutions and decrees of our predecessors and the ancient Councels It follows afterwards chapter the third Wee have constituted and ordained by common advise c. 24 The Councell of Tribur was neerly of the same kinde for there were divers Lay-men there with King Arnulph who was President in it He came saith the Preface to it into the royall City of Tribur in France with the Bishops underwritten the Abbats and all the Peeres of his Realme and there flocked thither both Clergy and Lay-men in great troupes And at the end This holy subscription was confirmed and fairly approved by the reverend profession and worthie answers of the Priests Deacons and Lay Nobility This Councell contains eight and fifty Chapters concerning manners and Ecclesiasticall discipline 25 Philip Augustus intending to declare his sonne Philip his successour in the Realme called a generall Councell at Paris of all the Archbishops Bishops Abbats together with the Princes and Lords of his Kingdome that they might herein pitch upon a resolution according to his desire And it is observable that in these Councels they treated of all things both spirituall and temporall Whence that appeares to be true which a learned Frenchman hath written long agoe That anciently the affaires of France were managed by the Clergy and Lay men joyntly Which is yet practised by the Generall and Provinciall States as also in the Courts of Parliament consisting of Counsellors both Ecclesiasticall and Civill There was a Councell holden at Soissons in the same Kings reigne by the Legats of Pope Innocent the third In this Councell saith an ancient Historian King Philip was assistant with the Archbishops Bishops and chiefe Lords of the Realme where the point of the divorce or confirmation of the Kings marriage with Iugerberga was discussed 26 The Patriarch of Ierusalem being arrived in France in 1184. with the Priour of the Hospitall of Outremer and the Grand Master of the Templars to demand succour of King Philip Augustus against the Saracens He sent out his Mandamus to call a Generall Councell of all the Archbishops Bishops and Princes of his Realme saith the same Historian which was holden in the City of Paris 27 The Councell of Vezelay which was called by Lewes the Yong son to Lewes the Gross Pope Eugenius the third being then in France was of the same composition Which thing being certified to Lewes the Yong son to Lewes the Gross saith Iohn le Maire he was much grieved thereat and for remedie thereof he caused a Councell to be assembled at Vezelay in Burgundy consisting of all the Prelates and Princes of France and ordained that St. Bernard Abbat of Clervaux should represent unto them vivâ voce all the mischiefe that was befalne in the Holy Land 28 The like was done in the Councell of Paris which Philip the Faire called against Boniface the eighth After this the same King saith a Chronicler having called together the Prelates Barons and Lords of the Realm held a Councell at Paris where he demanded aid advice against the said Pope And M. Iohn Bouchet in his Annales of Aquitain And immediately after hee caused a Councell of Prelates and Barons to be assembled at Paris in which Councell King Philip was appellant 29 The Pragmatique Sanction of King Charles the seventh was made in a Synod assembled at Bourges
made no reckoning of the common salvation the Emperour therefore as the protectour of the Church would take the charge of it 7 As for our Kings wee need not doubt but they had the same authority considering they had power to dissolve Councels after they had assembled them So Lewes the 11 was used to doe witnesse Iohn le Maire Vpon a time saith he King Lewes the 11 assembled the Gallican Church and all the Universities together in a Councell in the Citie of Orleans aswell the better to understand the substance of the said Pragmatique Sanction as also to take order for the Annates of Church livings By which exaction the extreme greedinesse of the Court of Rome did vex and impoveâ—ish the Realme of France by raking up every yeere a marvellous great summe of money The President of this Councell was the late Monsieur Peter de Bourbon Lord of Beajeu But as soone as ever the points were brought in question in came the King who had altered his resolution and ere any other conclusion was determined hee gave every man leave to depart Saying that he would call them to Lions hereafter Which was never done CHAP. X. That it belongs to Emperours and Kings to prescribe the forme to Councels both for persons and matters and other circumstances 1 THe Emperours Theodosius and Valentinian writ to Cyrill Bishop of Alexandria to bring with him unto the first Councell of Ephesus certaine other Bishops out of his Province namely such as hee should thinke fit and able men The same Emperours enjoyned Dioscoruâ— Bishop of Alexandria by virtue of their letters to take unto him to the number of twentie Bishops eminent for their faith and learning and to bring them along to the second Councell of Ephesus which they had called to be holden upon the first of August It pleased the Emperour Constantius saith Sozomen to call a Councell at Nicomedia a Citie of Bithynia and to cause such Bishops of every nation as should there bee found fittest to consider of things wisely and sufficient to apprehend and argue subtley and learnedly to repaire thither with all diligence upon a day prefixed who might represent unto the Synod the whole Clergy of their severall provinces 2 They allowed also whom they pleased to go into Synods So by the Emperour Martians command there were certaine Priests and Monkes of Egypt brought into the Councell of Chalcedon Notwithstanding all opposition to the contrary they proposed what points should be disputed and prescribed what matters should be treated of The Emperours Constans and Constantius gave the Councell of Sardis leave to dispute questions and examine things anew without standing to what had beene therein already determined by former Councels So the Bishops of that very Councell assure us in those letters which they sent to Pope Iulius There were three things to be handled for the most religious Emperours gave us leave to dispute anew of all that had beene formerly determined and especially of the holy faith and integritie of that truth which they had violated 3 Iustinian did the like at the fift Generall holden at Chalcedon Martian forbade that of Chalcedon to dispute any otherwise about the nativitie of our Lord and Saviour Iesus Christ than according to the determination of the Councell of Nice The Emperours Theodosius and Valentinian writ to the first Councell of Ephesus how they had sent Candidianus their Ambassadour to the Councell to whom amongst other things they had given this in charge to see that no other question were proposed till such time as the controversies then a foot were first decided Anâ— accordingly doe the Bishops of that Councell speake in their letters to those Emperours Wee being assembled at Ephesus for no other cause than to consult and treat of the faith according to your holy Edict 4 Our French Councels afford us very pregnant proofes and presidents hereof for in the most of them our Kings caused them to consult about such points as they proposed and did often call them together of purpose to take then advice in doubtfull cases King Clovys sent certaine heads or chapters unto the first Councell of Orleans which himselfe had called there to bee discussed Which being put in execution accordingly by that Synod the resolutions were sent unto him by the Synod and submitted unto his judgement 5 King Guntrand called a Synod at Mascon chiefly to make a decree against those that travell upon the Sunday which hee confirmed afterwards by his Edict directed unto the same Synod We will and command saith hee that what we here enjoyne by virtue of this Edict be from henceforth inviolably observed inasmuch as wee have caused those things which wee now publish to bee determined as you know and juâ—ged at the Councell of Mascon 6 Carloman who is called Duke and Prince of the French assembled a Councell in France anno 742 the place wee know not to take advice of it How he might reestablish the law of God and religion which had been trodden under foot and overturned in the time of his predecessors and by what meanes Christian people might compasse their salvation and not suffer themselves to be seduced by false Priests 7 The Emperour Lewes the Gentle made an exhortation at the Councell of Aix in Germany which hee had there assembled when he came into it wherein hee advised the Bishops to take a course with some things which hee then proposed and which stood in need of reformation hee prescribed also a certaine forme unto them which they were to follow and which was applauded by the whole Councell 8 The same Emperour having by his authoritie caused a Councell to be assembled at Pavy he sent certaine points unto them commanding them to deliberate upon them and that with this clause We send these chapters unto you to consult upon them and let us know your advice for some things of lesser moment which concerne the generall yet so as they touch upon some mens particular and stand in need of reformation wee will that you pasâ—e your sentence upon them and send it to us afterwards 9 The Emperours Lewes and Lotharius called a Synod at Paris anno 824 to deliberate upon the point of images So say the Bishops there About the businesse which your Pietie commanded us namely about the case of Images 10 The same Lewes and Lotharius his sonne proposed likewise certaine heads or Chapters to another Councell by them assembled at Paris in the Acts whereof the Bishops addressing their speech to the Emperours do say Your Serenitie hath collected all that seemed worthie of correction at this present into certaine heads Vpon which heads they did deliberate 11 Lewes the Grosse having called a Councell at Estampes he made them consult whether he should acknowledge Pope Innocent who was fled into his Realme or no. And upon the advice there taken he approved of his election and
sufficiently prove it See here the Decrees of it contained in the third Seâ—â—ion The holy Generall Synod of Pisa lawfully assembled in the name of the Holy Ghost making the Councel General and representing the Church Catholique doth ordaine and declare as followeth First that his holy Synod nor shall nor can be dissolved till such time as the Church Vniversall be reformed in faith and manners as well the Head as the members and till the heresies and schismes which are a growing be extinguished till the warresâ— which are a preparing amongst Christians be accorded Yet notwithstanding for the continuation of it it may be removed to a place of safety by the common consent of the fathers especially with our most holy Father the Pope if he can bee got to agree thereuntoâ— alwaies provided that it bee not to Rome it being notorious that it cannot bee in safety there It further ordaines that the Canons of the holy Councell of Constance here underwritten contained in the fifth Session thereof shall be strictly obsâ—rved and kept in the same manner that they lye and that the contents of them shall be inserted into this Decree and shall be holden by all men as most true as they here follow First the holy Synod lawfully assembled making a Generall Councell c. Item in the second place it declares that if any man of what condition estate and dignity soever he bee though it be the Pope himself shall with contumacy neglect to obey the edicts ordinances and commands of this sacred Sâ—nod c. These two Decreâ—s are there inserted at large but we have here cut them short because they are set downe before 6 And forasmuch as our adversaries in this point make such a great matter of the Popes authoritie and confirmation â—nd place the true validitie of Councels in that we shall make it appeare that it came in at these Generall Councels either in the convocation or the presiâ—ence or the approbation As for the first of Pisa where the roots and foundation of this maxime were laidâ— heare what Pope Alexandâ—r the fift said of it a little before â—is death That heâ— thought and beleevâ—d that all that was ordained at the Councell of Pisa was just and right and void of all fraud and deceit Naucleruâ— reporteth the same words Pope Alâ—xandâ—r the fift saith hâ— towâ—rdâ— the end of the first yeare of his Popeâ—ship beganne to finde himselfe very ill and perceiving death to draw nâ—are hee called the Cardinals protesting unto them by that death whiâ—h hee saw bâ—â—orâ—â—is eyes which he did no way feare as being confident of his good life that hee verily thought and beleeved that at the Councell of Pisa all things were well deâ—reed and with integritie of heart without any fraud or deceit 7 That of Constance was called by Iohn the twenty third a lawfull Pope as it is agreed on all sidâ—s His Bull of Convocation is inserted at large in thâ— first Session of the Acts of the Councell he himselfe also diâ— preside theâ—eâ— as it is said in the Preface It is true that by reason of the accusation which was a brewing against him he tooke him to his heeles without bidding adieâ— and being condâ—mn'd and deposed by the Councell for many crimes by him committed himselfe approved this condemnation as it is to be seen in the Aâ—ts of the Councell and confirmed by the testimony of Platina Martin the fift being crâ—atâ—d in his stead confirm'd the Decrees and Determinations of that same Councell as 't is avouch'd in the last Session 8 The Councell of Basil was called by Pope Martin the fift as it is apparent by his Bull and being not able to goe thither himselfe by reason of his age he sent his procuration to Cardinall Iulian to preside in his place which was afterwards continued by Martins successour Eugenius the fourth The same Eugenius confirmed the foresaid Decree of the Councels of Constance and Basil in expresse termes as is cleare from the sixteenth and eighteenth Sessions Pope Nicholas the fift confirmed also the said Councels of Basil and Lausanne as appeares by his Bull. Thus much of Popes 9 As for Doctours and Commentators both in Divinity and in either Law there are abundance which either in expectation of some Bishoprique or Benefice or because they were the Popes mercenaries have ascribed as much power unto them in their writings as ever they desired yea more than ever they durst arrogace unto themselves but yet there are others beside that have refuted their errours and have taught the pure trâ—th maintaining the libeâ—ty of Councels and their authoritie over Popes Such are the Cardinall of Cambray Cardinall Cusan the Cardinall of Florence the Bishop of Calis the Bishop of Panormo Mr. Iohn Gerson Chancelour of the Vniversity of Paris Iames Almain Doctor of the Sorbon William Okkam Marsilius of Padua Herman the Monke Iames Paradise of Chartres Ioannes of Paris Doctor of Divinity of the Order of Predicants Immola Ludovicus Romanus Gregory of Heimburg William of Montferrat Vincentius in his allegations and many more CHAP. VI. The opinions of Vniversities touching the authority of Councels and the approbation of Princes and Provinces 1 THe most famous Vniversities of Germany and Poland have also given their opinions upon this point consonant to the Decrees of the foresaid Councels and that at the very time when the Princes of Germany for the good will they bore to Eugenius resolved to carry themselves neuters as in conclusion they did The said Vniversities withstood this neutrality stoutly and strongly laying this for a ground that a Councel is above the Pope which they prove by many reasons and authorities and therefore seeing Pope Eugenius was deposed by the Councell of Basil and Felix the fift elected in his place that therefore the first must be rejected as schismaticall and the last obeyed as legitimate King Charles the seventh favoured Eugenius likewise but so as that he professeth he will stand to the Decrees of the Councell of Basil above all as Nicholas Clemangiis tels us as did also the Princes of Germany But let us heare what the Vniversities say of the power of Councels as for the other heads of their answers wee shall forbeare from relating of them by reason of their prolixity 2 The Vniversity of Cullen being required by Theodorus Archbishop of that Citie to let him know what they thought of it made a litle tract some pieces wherof we will here set downe The first proposition is The Church Synodically assembled hath supreme jurisdiction upon earth to which every member therof ought to obey of what dignity soever he be though it be Papall which no man can dissolve or remove without their Synodicall consent This is proved by the Decrees of the Councell of Constance and Basil. The first part is grounded upon that
for any of the faithfull to make appeal and by consequent not from the Councel neither forasmuch as concernes the Articles wherein it is certaine the Councell is governed by him and that hee presides there by a speciall grace and lustre to wit in what concernes faith the extirpation of schismes and the reformation of the Head and the members How can it be otherwise but an open contempt of the majesty of God and almost a piece of Idolatrie to appeale from a Councel to the Pope in such cases what is it else but to appeale from God himselfe who is confessed to preside in a sacred Councell for such things unto a meere man and to take the power of judging from God the Creator and devolve it upon a man what is it else but to preferre a man before God as a more just Iudge than he 5 The Vniversity of Cracovia gave also their advice and counsell concerning this point unto Ladislaus King of Poland and Hungary consonant unto the former but farre more large containing some very prety reasons to prove that the Pope is inferiour to a Councell out of which wee shall bring onely some passages to make it appeare what their resolution was First of all it is said That a Generall Councell representing the Church Catholique is a rule directed by the Holy Ghost and given by Christ Iesus which every one is bound to hear and obey of what estate and condition soever he be although he be a Pope And in another place Whence it followes that the Pope is not head of the Catholique Church nor of a Generall Councell which represents it but he is head in respect of particular Churches and particular members in the Church In reference to whom he is supposed to have full power as the Vicar of Christ. And elsewhere Wherefore let this bee the third conclusion concerning this point That every Generall Councell lawfully assembled in the name of the Holy Ghost doth represent the Catholique Church and hath its power immediately from Christ. This proposition hath no need of proofe considering that it hath its proofe and foundation from the decree of the Generall Councell at Constance See here the very words of it that wee may not bee put to repeat them hereafter These are the two Decrees of the said Councell which wee have inserted here before After which it is said Behold the Constitution of the sacred Councel of Constance which may suffice to make any man content unto this conclusion considering it is the assertion of the Catholique Church After the proofe of the said conclusion they proceed unto the fourth in this manner And forasmuch as the Catholique Church and the Generall Councell which represents it hath its power immediately from Christ by the foâ—mer conclusion let this now bee the fourth The power of the Church Catholique as also of every Generall Councell lawfully assembled which doth represent it is above the power of the Pope and all other power whatsoever upon earth to which every one of what estate condition or dignitie soever hee bee though it bee Papall is bound to obey and submit himselfe And if he will not obey he may be punished with condigne punishment This conclusion they prove by many reasons and authorities which it would be long to set downe in this place Wee shall onely say how that serving themselves with the authoritie of the Councell of Constance and having related at large all that passed in that respect they adde All which facts of that Councell are and will be a perpetuall memoriall unto succeeding generations Whence it plainly appeares whether a â—enerall Councell have any jurisdiction over the Pope or no. Which every bodie that hath any judgement may easily know Where it is to bee observed that the authoritie of the Councell of Constance was not any way doubted of in those dayes but continued generally approved by all in this respect In another place it is said Whence it may be inferred that although it be convenient the Pope in some sort should be called the head of the Church yet ought he not therefore to preferre himselfe before the Church Yea it might perhaps be inferred from hence that eo ipso because hee quarrels with the Church for superioritie either in his actions or affection hee not onely is not superiour but also that he is no member of the Church as one that is ill opinion'd of the authoritie of the holy Mother the Church and deficient in the true faith It is further said towards the end of that conclusion Whatsoever hath been heretofore delivered in this point by the Glosses and Doctors sometimes for the affirmative sometimes for the negative part we must now stand to the decision of it made by the sacred Councell of Constance for as much as concernes those cases expressed in their Decree to wit when the question is about faith or the extirpation of schismes or the reformation of the Church in the Head and members and in cases thereunto belonging as when the controversie is about a notorious scandall and so of others In all these the Pope is inferiour to a Generall Councell And if any man be strongly confident of the contraryâ— he ought to bee esteemed a heretique I could yet extract some other passages but see here is more than needs for them that hold the contrary 6 Now we come to our Vniversities of France which have all approved this opinion That the Pope is inferiour to a Councell Which they did not by their severall counsell and advice as those of Germany and Poland but being all Synodically assembled at the Councell of Bourges together with all the Prelates and chiefe Lords of the Land as it is affirmed in expresse termes in the narrative of the Pragmatique Sanction whose words wee have set downe in another place 7 And for that of Paris as she excels all the rest in dignitie and knowledge so hath she perform'd the bravest exploits in this regard For shee not onely approved the Decrees of the Councels of Constance and Basil at that time but even after that when she saw that Pope Leo the tenth went about to repeale them in the Pragmatique Sanction by the Councell of Lateran and by the Concordats made with King Francis shee put in an Appeale to a future Councâ—ll with such masculine and generous termes as the honour of France might require as appeares by certaine passages which we have drawne out of them bâ—foâ—e when we spoke of Appeals from the Pope to a Councell 8 Besides the second Councell of Pisa holden in prosecution of those of Constance and Basil did her the honour to desire her to write against Cajetans booke wherein he maintaines that the Pope hath authoritie over a Councell See here the letters which were writ unto her upon that occasion The holy Councell of Pisa lawfully assembled in the name of the Holy Ghost representing the Church Catholique and by way of continuation removed to