is that none will beleeve it but he that hath seene it none will deny it but they that have not seene it 5 See you here what this excellent Devine speakes without any flattery but let us go to them of more antiquity and see how long it is since these complaints against the See of Rome begunne first to be made If wee beleeve the same author this complaint is pretty ancient and it is a long time since this reformation hath beene called for for see you what hee speakes of it in the sequele of the fore-cited passage I will omit the complaint which hath ever beene made thereof from age to age even from St. â—eromes time 6 Nor will we take our rise so high but will insist upon these latter ages But here first I protest I have no purpose to discover the shame of that supreme See to expose her faults to derision and mockery but onely with intent to see them corrected and amended As also I declare that I meane not to enquire into the personall vices of the Popes for that would rather tend to calumny and injury than the end which I purpose but onely the abuses of the Popedome the maladies of the See the usurpations and over-bold attempts which have beene derived to their successors briefly no more but such vices as are become hereditary Which to compasse wee will beginne with the generall complaints that have beene made in divers ages and thence descend to particulars as from the bole to the branches speaking alwayes by another mans mouth unlesse it be when the connexion of places shal enforce us to contribute something of our owne 7 The Acts of the Councell of Rhemes holden under Hugh Capet the yeere 990. have these words Poore Rome what cleere lights of fathers hast thou brought forth in the time of our predecessours what horrible darknesse hast thou poured out upon our times which will redound to our shame and dishonour in future ages Hildebert Archbishop of Tours who lived about the yeere 1100. hath left us two pretty nipping verses against the Popes Rome to be masterlesse were well for thee Or some to have not void of honesty Saint Bernard who lived under the Emperour Conrade and Pope Eugeâ—ius the fourth cryes out bitterly against the vices that were even then annexed to the Papacy as against ambition dominion pompe and vanity avarice jurisdiction over temporall goods against the abuses of dispensations indulgences appeals exemptions and such like wares wee will bring the places hereafter and dispose every one in due order That holy man is to bee commenâ—ed for speaking so home of those abuses and that even while hee wrote to a Pope for which cause he is applauded by every one and with a certaine emulation cited in honourable termes by all those that lived after him 8 Marsilius of Padua who writ above three hundred yeeres agoe in the time of the Emperour Ludovicus Bavarus about the yeere 1320. hath spoken of the abuses of the Pope and the Court of Rome both in grosse and by retâ—ile for in the 24. Chapter of the second part of his booke intitled Defensor pacis he saith That the body of the whole Church hath beene infected by that pleâ—itude of power which is allowed unto the Pope and he addes afterwards Let the faithfull cast their eyes that way those who have visited the Church of Rome which I might more truly call a shop of traffique an horrible den of theeves shall plainly see and those who were never theâ—e shall learne by the report of an infinite number of men of credit that it is become the receptacle of all rogues and rascals of truckers for all wares both spirituall and temporall for what is it else but a haven for Simoniacall persons who repaire thither from all quarters what else but a noise of Lawyers an assault of detractors a vâ—xation of honest men the justice of the innocent is there in hazard or else is so long deferred unlesse it be redeemed with money that being at length quite exhausted and wearied by infinite troubles they are enâ—orced to give over their just causes full of commiseration For there the lawes of men doe ring again but Gods lawes are either quite dumb or at least very rarely understood There is nothing but plots and projects how to seise upon Christian countries to win them by force of armes and wrest them out of the hands of such to whom they doe of right appertaine No further care no consultation ever about the conquering of soules Besides no order dwels there but a perpetuall horrour 9 In the eleventh Chapter of the same Booke hee makes along discourse of the robberies of the Popes and the Court of Rome of their Simony luxury sensuality vanity desire of domineering and of invading Lordships and Principalities and in an infinite company of places hee shewes the injust power which the Popes arrogate unto themselves over matters both spirituall and temporall and the meanes they used to usurpe it some passages whereof wee shall elsewhere relate This great divine was not moved to write these things by any hatred or discontent towards the Popes but onely by a just obligation to defend the Emperour Ludovicus Bavarus who was injustly excommunicate 10 A little before this devine put forth that Booke to wit in the yeer 1310 William Durant Bishop of Menda in Languedoc being summoned by Clement the fifth to the general Councel at Vienna to come and see what was fitting to be reformed in the Church made a book De Conciliis towards the beginning whereof he saith It seemes to bee a thing considerable that it is most expedient necessary that before any thing else wee should proceed to the correction and reformation of such things as ought to be corrected and reformed in the Church of God as well in the head as in the members And in the first Chapter of the third Book Certes as concerning the reformation of the Catholique Church to bring it about profitably with perseverance and effectually it seemes expedient that it begin at the head that is at the holy Church of Rome which is the head of all others Then hee sets downe in particular such things as stood in need of reformation representing a good many abuses of the See of Rome that deserved to be corrected But for all his learned discourse there was nothing done about them in that Councell witnes the Bishop of Panormo in his advice touching the Councell of Basil. This decree concerneth the estate generall of the Church and the matters belong to a generall reformation which may be hindred by a dissolution as it was by the dissolution of the Councell of Vienna 11 Nicholas of Pibrac who lived about the yeere 1290 tels strange stories both of the Pope and his Court in his booke called Occultus which I will not here insert And he afterwards addes Dites au Pape je vous prie Que
hundred and nine hundred for St. Pharon of Meaux So likewise of graces expectative they tooke two parts or the thirds and more than ever was accustomed 10 This open Simony like a poyson which hath gotten to the heart hath occasioned many complaints and groanes Marsilius of Padua saith By the same power he reserves unto himselfe the rent and revenues in all places whatsoever of all benefices for the first yeer of their vacancy ingrossing to himself by that means all the treasures in the world wiping all Kingdomes and provinces of them 11 The Bishop oâ— Menda in the reformation which he proposed to the Councell of Vienna saith The Court of Rome and the Colledge of Cardinals together with the Pope would have a certaine allowance of all Bishops that are preferred there it seemes very requisite that this were taken order with For this heresie doth much corrupt the Catholique Church and the common people and the remedies which have beene applyed hitherto are quite disrespected inasmuch that the contrary is usually practised in the Court of Rome as if it were no sinne at all to commit Simony or if it were not all one to give first and then take as first to take and then to give The thing was taken into consideration at the Councell of Vienna so as they were once advised to allow the twentith part of all livings in Christendome to the Pope and his Cardinals but at last it was shifted off without resolving upon any thingâ— A Doctour of the Canon law saith it was better for that because their covetousnesse is so insatiable that if that had beene resolved upon they would have taken both 12 Cardinall Cusanus desired the very same reformation at the Councell of Basil The world cryes out saith he of the gettings of the Court of Rome if Simony in its kind be an heresie then sure it is a sacriledge to oppresse inferiour Churches If he that doth such things according to the Apostle be an idolater it will be very necessary by way of reformation to take away all these and such like gaines especially because the Catholique Church is scandalized for this covetousnesse of her governours and the Church of Rome more than other Churches Wherefore it is expedient in this holy reforming Councell to remove that especially which is so opposite to Gods Lawes so prejudiciall to souls and so scandalous to the whole Church that all things be done gratis in the Church of Rome and other Metropolitan Churches 13 Nicholas Clemangius in his booke De ruina reparatione Ecclesiae saith The Popes over and above the former charges have laid other tasks upon Churches and Ecclesiasticall persons to fortifie and maintaine their Chamber or rather their Charybdis For they have made a Law that as oft as any Ecclesiasticall person dyeth of what dignity or condition soever he bee or exchangeth his benefice with any other whatsoever their chamber shall receive all the fruits and revenues for the first yeere next insuing rated at a certaine summe according to their good will and pleasure Which exaction and divers others by him reckoned up there he blames and condemnes 14 The Glosser upon the pragmatique sanction saith That Boniface the 9 was the first that extended the use of annates to all Churches contrary to the equities of all Lawes divine and humane And he afterwards adds What are they that give and receive annates but the buyers and sellers of the Temple cast forth by Christ 15 Theodorick de Nihem upon the tract De privilegiis juribus imperii saith There is no reason why the Pope and the Cardinals should not prefer other men to Bishopriques Monasteries and other Ecclesiasticall dignities gratis and freely without any intervention of money promise or compact whatsoever But if it be said that the Pope is the generall steward of all Bishopriques Monasteries and other Ecclesiasticall preferments and of all the goods that belong unto them howbeit no such thing can be proved out of the Gospel the holy Scripture nor by the testimony of the Saints yet we must beleeve and maintain that this jurisdiction reacheth no further than to the giving unto discreet and faithfull Popes and Cardinals the power of disposing Ecclesiasticall benefices dignities and other meanes to distribute and bestow them freely as they have freely received them upon serviceable and deserving men And a little after Besides hence it is that they never regard the will of God nor the benefit of the people committed to their charge but their own gain as many good Devines say Hence have risen every where some great errours in Christendome and grievous defamations against the Court of Rome which is also drawn into an example by others 16 He addes yet further What then if hee that hath the power of preferring make a law which is the case in hand that he which will be preferred to such a dignity shall pay before his preferment one full yeeres value of that dignity Many great Devines are of opinion that it is a heresie to hold and maintaine that such a law may be observed without mortall sinne because the inferiour cannot abrogate the law of the superiour and hee can make no such law of himselfe how great soever his state and glory be And anon Whence then comes this power of making and observing this law Ye may say that it is abusively by the divels suggestion which haunt them that buy and sell holy Orders which obtaine by Simony Bishopriques Prebends Curates c. 17 In another place he saith thus Simony is alwayes excepted in the bestowing of Bishopriques and supreme Sees which if so why was it brought up by the Church of Rome and the Churchmen thereof to wit the Pope and the Cardinals who were then at Avinion that those who should be preferred by them to any Archbishopriques Bishopriques or Abbeys should compound with the chamber Apostolique and for the ordinary service of the Lord Cardinals otherwise none should be preferred or created Bishop from thenceforth unlesse hee either paid or entred bond for the payment of so much upon most damnable forfeitures 18 The Authour of the booke intitled De privilegiis juribus Imperii which is very ancient shewes that these annates were never exacted by the Emperours when they bestowed investitures and hee takes offence at the Popes using them We never read saith he nor is it credible that the Emperour Otho did ever either demand or receieve by himselfe or by any other the fruits of one whole yeere no nor of halfe a yeere for any Church Monastery or Ecclesiasticall dignity which he bestowed upon any man for a title Why then is the contrary pactised by some Ecclesiastiques It is a strange thing And perhaps by reason of the excesse herein or because no regard is had to the ancient laudable customes which have beene left by the holy Fathers to the Church militant the covetousnesse of the times
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 raiâ—e 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 â—nhanse their rents from all parts for which ends they shoot out their coelâ—â—tiall 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 paâ—se 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. â—e 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 fâ—attery 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
famous Councell lawfully called Hee excommunicated Fredericke the first very unjustly and carried himselfe so insolently towards him that he made him walke bare foot in his chamber and putting his foot upon his neck spoke these words Super Aspidem Basiliscum c. Thou shalt goe upon the Lion and the Adder To absolve King Henry the second of England from that ill usage which hee had showne to Thomas Archbishop of Canterbury he ordained that Appeales should bee allowed to issue out of his kingdome to Rome Gregory the ninth the compiler of the Decretals tooke upon him to excommunicate Fredericke the second very unjustly promised life eternall to such as would make warre upon him at last sold him his peace and pardon for an inestimable summe of gold As for Boniface the eight the aâ—thor of the sixt booke of the Decretals who excommunicated Philip the Faire and called himselfe Lord of all the world who wore both the swords and reigned with incredible insolence he is so well knowne that he needs not my commendations Clement the fift the authour of those Decretals that beare his name declares that the Emperour takes an oath of allegiance to the Pope that he is not Emperour till after hee have received his consecration and the Crowne from his hand This Pope caused his Clementines to be published at Montelimar where he then was and had resolved to intitle them the seventh booke of Decretals but he dying in the interim at Rochemaure they hung in suspense till such time as Iohn the twentie second his successour sent them over the Vniversities This is that Iohn that excommunicated Ludovicus Bavarus because he had taken upon him the name and title of Emperour before he was crowned by him who being sued unto for peace and amitie by that Emperour would not hearken to it till he should first devest himselfe of the Empire and come to him in the qualitie of a private man whose sentence was pronounced a nullitie by the States of Germany I doe not speake of the warreâ— which were raised by their ambition to the great destruction and calamitie of Christians nor of many other vices that abounded in them It sufficeth me to touch upon some few of the most eminent of them See here our goodly law-givers Let us from henceforth in stead of Oracles receive those fumes and vanities which they present us with in their bookes CHAP. VII Of the censure of Bookes 1 HAving approved and confirm'd the Popes Decrees and Decretals it was necessary they should condemne those many bookes that are in the world which teach a quite contrary doctrine For they are as so many witnesses of the so many errours and falsities as are in them and of the folly of those which approved them Our Fathers of Trent thought they could not by this charge upon any that would better quit himselfe of it than his Holinesse himselfe considering it so nearly concernes his copihold This is the reason they decree in this manner The holy Councell in the second Session holden under our holy Father Pius the fourth made a committee to certaine select Fathers that they should consider what was requisite to be done concerning divers censures and suspected or pernicious books and that they should make report thereof to the holy Councell hearing now that they have finished thâ—s worke and seeing that by reason of the multitude and variety of bookes it cannot bee distinctly examined by the holy Synod it therefore commands that whatsoever hath beene done by them in this particular bee presented to the most holy Pope of Rome to be concluded and set out by his judgement and authority 2 This Canon must be rightly understood with all its ampliations whereof the first is That power is not onely given to the Pope to determine and publish what had beene alreadie done but also to doe the like for ever after with all bookes wherein should bee found any thing that may be offensive to him The words of the Decree seeme repugnant to this in some kinde when they speake of that which hath beene done alreadie but our Doctors say that Beneficia non sunt restringenda Next it belongs to the Popes to put expositions upon the Canons and Decrees of this Councell for that power is given unto them in expresse termes at the end of the last Session Now the Popes have understood it so and those which came after have not omitted to doe their endeavour in this kinde so that a man would wrong them to accuse them of negligence The last impression of their Index expurgatorius set forth at Paris by Laurence Sonnius the yeare 1599 will alwaies serve them for a just defence which carries this inscription The Index of bookes prohibited with the rules made by the Fathers select by the Councell of Trent first published by the authority of Pius the fourth afterwards augmented by Sixtus the fift and now lastly revised and set forth by the command of our holy Father Clement the eight Revised that no scruple bee left signifies as much as augmented afterwards Which is necessary for those many wicked bookes must be excommunicated which say worse than hang 'em to our later Popes the Authors of our warres and almost to all the rest yea which is more grievous to the Popedome it selfe which they have laboured to overthrow Wherein Catholiques have beene as busie as any others if not more to the great scandall of the Church The second ampliation is That power is given unto him to condemne all those bookes as hereticall which were made in defence of the lawes power and authoritie of Emperours Kings and Princes and that so farre forth as they cannot be spoken of but as vassals and feudetaries to Rome and to bestow any other title qualitie or prerogative upon them is to speake blasphemie against the holy Sec. 3 For this reason it was necessarie to condemne the Epistles of the Emperour Fredericke the second for heresie which were collected into one volume by Peter de Vineiâ— his Chancelour which containe a defence to the Imperiall Lawes against the Popes usurpations The workes of William Occam a Franciscan and Marsilius of Padua a Devine who defend the same rights in behalfe of the Emperour Lewes the fourth The booke of Antonius de Rosellis of the power and authoritie of the Pope made upon the same occasion in behalf of the Emperour Fredericke the third and in defence of his rights being dedicated unto him for that purpose The treatise of Zabarell Cardinall of Florence intituled Of schismes which should bee taken away by the Emperours authority made a little after the first Councell of Pisa where he speakes of the Imperiall power in the Church somewhat too freely to the prejudice of our Popes The Monarchie of Dante 's where he treats that the Emperour depends not upon the Pope but holds his Empire from God The Vâ—rgers dreame and another booke intitled A dispute betwixt
wee must doe them right some other way The glossator of the Canon law decides the first point when hee saith That he which hath been lawfully obstinate that is against whom the formalities required in case of obstinacy have beene observed before a judge which is suspected and refuseable is not bound to send a proctour there to plead the causes of his suspition nay it is not necessary to protest but even eo ipsâ— inasmuch as hee hath occasion to make refusall all the processe is avoidable The reason whereof in my opinion is because the judge that knowes himself to be suspected should have the modesty to refuse himselfe and not stay till it bee said unto him Forbear So the old Romans used to doe and it is the practice in France which hath been prescribed to us by our ordinances recusations have ever beene admitted with ease and oftentimes it hath been sufficient to sweare that the party refused was an injust Iudge without rendring any further reason It was to be wished that the Pope had asked his own conscience and examined whether he could be judge in the case in hand seeing that he was accused and taken for a party himselfe and he also presecuting the condemnation of his enemies those whom hee had pursued with fire and sword and condemned already by his Buls Which seeing he did not doe he is therefore the more refuseable and there is a flat nullity in all his proceedings 2 In the first place the Princes of Germany assembled with their Divines at Smalcald the yeere 1537 after they had proposed by the Vicechancelour of the Emperour Charles the fifth Matthias Held aâ—â— declared the reasons that withheld them from repairing to the Councell they published a writing to that effect the contents whereof were that a Councell where the Pope and his adherents have the commanding power ought not to be holden legitimate That the power of judging belongs not onely to the Pope and the Bishops but to the Church wherein are comprehended Kings and other States That the Pope in this case is a party That it is not only his power and excesse which is called in question but his lawes and doctrine and he is accused of heresie and idolatry That he hath already condemned those whom he intends to judge in the Councell That the Convocation of it is not such as was promised it should bee namely in a place of freedome and safety and that in one or other of the Cities of Germany But because the author of this narration may be suspected by some I will produce his adversaries Pontanus speaking of this assembly saith that the Protestants after much deliberation made answer that they would never give way to the keeping of the Councell in Italy nor that the Pope and his confederate should be presidents of it That the Pope and his favourits should condemne their doctrine however sound That they would not submit themselves to his tyranny 3 Laurence Surius is yet more â—ull for speaking of that very assembly hee saith The twenty fourth of February all the confederates made answer at large which answere I would here set downe if it were to any purpose They talked much of the Councell which they would have to be free and that Luther forsooth and his companions should have as much power and authority in it if not more as the Pope of Rome although it bee directly against the customes of antiquity And this they said not without many bitter taunts of his Holynesse saying that he had broached and at that present defended a doctrine not only contrary to the word of God but also to the ancient Fathers and Councels And anon after The last of February the Protestants made answer at large to the points proposed by Held but I am loath to set them downe The summe of all that they said is in their answere to the Councell set forth by the Pope For they plead that the authority of judging belongs not only to the Pope the Bishops but also to the Church in which Kings and Princes are comprized They might as well say Hucksters Catchpols Druggists Apothecaries and such like As if it belonged to Lay men to a Cook or a Cowheard to intermeddle with the questions and decrees of the Church 4 Henry the eighth King of England although he was then a Catholique made the like protestation for heark what Surius saith of him About the same time the King of England set out a booke wherein he shewed the little account he made of the Pope of Rome and that he would neither come nor send his Ambassadors to the Councell which the Pope had called and hee ever and anon put in good store of jerkes at St. Peter Considering what we have heard from Surius that which Sleidan relates will not now be suspected 5 Presently after saith he the King of England put forth a book in the name of himselfe and the Lords of the Land wherein he complained that the Pope took upon him to call the Councell a thing not in his power to doe and that he called it then when there was open warre betwixt the Emperour and the French King Besides the City of Mantua where he appointed it should bee is no sure place for all parts nor yet convenient For his part he desired a Christian Councell but hee would not goe to the Popes nor yet send his Ambassadours for their common practice is in such assemblies to oppresse Christ and his truth for their owne advantage Nor hath he any thing to doe with the Bishop of Rome whose Edicts and commandements doe concerne him no more than any other Bishops The custome was to call Councels by the authority of the Emperour and Kings and it were fitting that custome were put â—n ure againe especially in these times when the Pope hath so many vehement accusations laid against him And yet it would cost a man his life if any one shuold be so fool-hardy as to reprove him and accuse him to his face unlesse it were in a lawfull Councell Nor he nor his are secured by safe conduct and say he were there are such apparent dangers as it is not fitting hee should come there for it is no new thing with the Popes to breake promise and to staine and imbrue themselves with the bloud of innocents And however other men may safely go thither yet for his part he cannot and that for reasons wel known for the Pope layes snares for him and hates him mortally putting him out of favour with other Kingâ— as much as he can and this for no other reason but because hee hath caâ—t off his tyranny and withholden his Peter-pence which mads him so and the rather because hee is afraid lest other Kings by his example may ere long doâ— the like At this instant the Councell is prorogued till the first of November without any mention where it shall be
seasoning Wherefore by the just judgement of God his decrees are scarce well received yet nor ever will be till he have reformed himselfe and his dependants And in good deed I thinke the chiâ—fe cause of the deformation of the Church is the wound in the Head which hath need to be cured first and formost 24 And anon after Wherefore it seemeth to me an incredible thing that the Catholique Church should be reformed unlesse first the Court of Rome be so but as the world goes now we may see how hard a thing that is And anon after Those which have the presidency in Councels on the Popes behalfe when they see that matters in the Councell make against their maisters and them what can be expected from them but that they will withstand the decrees of such Councels with might and maine either by dissolving them or sowing dissentions in them and so the thing shall remaine unperfected and we be driven to râ—turne to the old wildernesse of errour and ignorance Every body knowes this to be most true unlesse it be some one haply who is not experienced in times past The tragedy which was acted in our age at the Councell of Basil doth sufficiently prove it as they knew well who have laid downe the story before our eyes 25 Felix Hemmertin who lived at the same time a great zelot of the Popes so farre that he railes upon the Councels of Constance and Basil yet hee thus speakes of them I protest I will open my mouth to speake in parables and will at first set downe such propositions as are things which we have seene and knowne and which our forefathers have declared unto us and which have not beene concealed by their children in another generation Truly by readingâ— turning searching perusing and examining all the histories and all those that have beene versed in them we finde that since the time of the Prince of the Apostles through all his successours one after another following herein those that have writ exactly of the acts and affaires of the Bishops of Rome untill this present we never saw heard nor understood that greater and more notorious excesses were committed in point of avarice ambition oppression cheating cozening naughtinesse cruelty and severity by way of stateâ— and under colour of mildnesse than is now adayes committed by great and small that have any command in the house and Court of Rome 26 Iames Piccolominy Cardinall of Papia who lived in the time of Pius the second hath inserted amongst his epistles a letter which a friend of his writ to him from Rome in this manner Would you know what is done in the City nothing but as it used to be nothing but coursing canvassing and plotting the saying of the Philosopher is verified the Court is a place ordained for deceiving and being deceived mutually the Counsell seldome sits the Pope is mightily troubled with cares that is with the care of that warre which he had voluntarily undertaken as the same Epistle tels us lest any should thinke that it was the zeale of thy house hath eaten me up 27 In the dialogue intitled Aureum speculum Papae made about two hundred yeeres agoe wee finde this exclamation Good God with what danger iâ— the ship of St. Peter tossed the preaching of Paul is despised the doctrine of our Saviour neglected and in the Court of the Church of Rome which is the head of all other Churches there is no soundnesse from the sole of the foot to the crowne of the head Theodorick of Nihem who was the Popes Secretary said as much in the end of his second booke of schisme which he writ in the yeere 1410. In effect there is no soundnesse in the Catholique Church even from the head to the sole of the foot As also Nicholaâ— Clâ—mangiuâ— in his booke Of the ruine and reparation of the Church The saying of the Prophet is true from the sole of the foot unto the crowne of the head there is no soundnesse in it 28 Baptista Mantuan a great Devine in his time a Frier of the order of St. Mary of Mount Carmel an Italian borne who lived about 1490. hath spoken much of this subject Espensaeus the Devine hath stuffed ten or eleven pages with his verses which talke of nothing more than the vices abuses and abominations of the Popes and their Court of Rome I will forbeare to recite them contenting my selfe to referre the curious reader either to the author himselfe or to him that there quotes them 29 Mr. Iohn le Maire one of our French Historians who writ his booke of Schisme about the yeere 1500 gives us to understand that they were about this reformation in his time without which the former Councels were to no purpose shewing withall how necessary a thing it is Every good Christian saith hee ought to pray God that the two last Councels of the Gallicane Church may engender one great universall and generall Councell of all the Latine Church to reforme that Church as well in the head as the members so as those Generall Councels use to doe And that if it be not kept at Lions it may be kept in some other place most expedient and necessary for the publique good which may bee very well done at this present considering the great peace amity and union which is betwixt the two greatest Potentates in Christendome the Emperour and the King together with their third confederate in the league the Catholique King Ferdinand of Arragon who ought altogether to be inclined to reforme the abuses of the Church of Rome which reformation must of necessity be made 30 The second Councell of Pisa was holden in the yeer 1512 where they consulted about many good rules against the Pope But Iulius the second plaid them a trickâ— calling the Councell of Lateran which made that of Pisa to cease and disâ—nulled all the decrees thereof so that we are yet complaining against the Court of Rome Now that it was necessary at that time to proceed to the reformation of the Head we perceive well enough by the testimony of Mantuan and Iohn le Maire as also it is evident from the Acts of that Councell of Pisa as we have said in the fourth Chapter of the first book This very necessity continued till the Councell of Trent so much we learned from Pope Adrian the sixth and the relation of the delegates of Paul the third for matter of reformation As also it is confirmed by Langius a German Monke in the Chronicle which he writ in the yeere 1520. For see here the description of a few abuses of Rome under Leo the tenth The desire of money makes all things saleable at Rome Simony is tolerated for gold pluralities of prebends are granted in great number all benefices and dignities of what condition soever are reserved for the Cardinals Protonotaries and Popes minions graces and resignations are granted without any stint annates or halfe of fruits
are exacted without delay yea not only those annates that were granted by Princes for three yeers in the time of Pope Calixt the third are yet in force but are enhansed dayly pressing and oppressing more grieuously than â—ver And if the Princes doe not take an order with it all the gold and silver raked and squeazed out of Germany will be carried to Rome at time and time as into an holed sacke and an insatiat gulfe the dismembring of monasteries and chopping of Churches are allowed against all right and reason the government and administration of Churches are not bestowed on those that deserve bestâ— but those that bid most the elections made by Bishops are commonly rejected and devolved to them of Rome great store of money is exacted and extorted for the purchase of Bishops pals to the detriment of the Churches At last he makes this Epilogue By reason of the foresaid grievances and such like as proceed from the Court of Rome there growes nothing but ruines destructions and miseries over all Christâ—ndome Conclude wee then that there was good reason why the Emperour the King of France and the States of Germany demanded this reformation of the Head and Court of Rome and no reason why it was denyed This is not all wee must now see in particular where in this reformation conâ—ists at least for the maine heads of it and shew in particular the abuses that are to bee corrected and the plaints that were put up against them CHAP. III. Of the Popes too great care about temporall meanes and of their greedinesse in getting them 1 THe first thing that ought to bee reformed in the Church of Rome is the over-great care which the Popes take of temporall things now-adayes and the trick they have got of raking up goods revenues and riches together of setting their hearts wholly upon them with an ardent and inordinate desire yea so far as they forget spiritual matters and set light by them AEneas Sylvius who was afterwards Pope Pius the second makes the president of the Councell of Basil speake in this manner This decree was necessary to divert the minds of the Popes a little from the care of temporall things seeing they never thought of spirituall He speaks of that decree whereby the Popes power was abated and made subject to the power of a Councell But they knew well enough how to take order with it afterwards by meanes of the Councels of Lateran and Trent who have given them the upper hand and shamefully sold the liberty of the Church 2 Cardinal Cusan speaks of this matter more at large The Pope saith he hath hooked unto himself so much money by investitures that they complaine generally in Germany not that they are over-charged but that they are quite broke and utterly undone there is a raging appetite after the temporall meanes annexed to Churches which possesseth the hearts of our ambitious Bishops now adayes so as wee see them commit that openly after their promotion which they laboured for underhand before All the care is of the temporall none of the spirituall That was not the meaning of the Emperours they never intended that the spirituals should bee swallowed up by the temporals which were bestowed on Churches for their augmentation And presently after The Court ingrosseth unto it selfe all the best and the fattest and that which the Empire hath set apart and ordained onely for the service of God and the publique good by pretended reasons and new inventions is diverted another way since lust and avarice have so seized upon it that what was Imperiall is now made Papall and the spiritual temporall 3 Theodorie of Nihem in his third booke De Schismate speaking of the large revenues which the Emperours had bestowed upon the Popes saith What comes there of all this pompe of so much temporall meanes wherein the Church of Rome prides her selfe in these times but a neglect of spirituall matters a setting up of tyrants over them a many divisions and schismes in that Church and many other malladies This is well enough knowne 4 Mr. Iohn Gerson in his book De Ecclesiastica Potestate after he hath spoken of divers abuses of the Popes he addes What shall we thinke is to bee said of an infinite number of such like things that are done casting aside all care and regard of all spirituall and divine matters which concerne the Christian faith and religion 5 It is a wonder to thinke whither the ardent desire of getting hath transported them They have not spared Gods service and all that depends upon it to attaine their ends to become rich and make themselves great Lords They have spared neither Croisada's excommunications nor any thing that is most holy and sacred which they have not made stales to their avarice luxurie and ambition not without treason against the Divine Majesty We speak too much hereof of our selves although we doe not say all let us give place to our witnesses to speake who wee desire may beleeved and not our bare word In the first place let us produce those that testifie the setting to sale of spirituall and holy things which is practised at Rome We will marshall the Popes owne domestiques in the front See what is said to this purpose in an addition to the Canon Law taken out of Iohannes Andraeas and inserted in the glosse The same Iohn the Monk said that Rome being founded by robbers doth yet retaine her first originall being called Roma quasi rodens manûs because she corrodes the hands and he added that verse Roma manus rodit Quos rodere non valet odit The hands Rome grates Or if not so she hates The elegance of the French complies with the Latine Iames Fontanus puts this other in the margent borrowed from the glossator of the Civill Law Rome is the fountaine head of avarice And therefore all things there are at a price Gregory the thirteenth hath expunged all these additions in his new purgation of the Canon Law It were fitting that covetousnesse were blotted out of their hearts not their books Avery of Rosate an ancient commentatour of the Law mentions the forecited verse and puts this other to it Dante 's custodit Non dantes spernit odit The givers it protects The rest hates and neglects 5 AEnaeas Sylvius before he was Pope writ to a brother to his There is not any thing which the Court of Rome bestowes without money even the imposition of hands and the gifts of the Holy Ghost are set to sale there no remission of sins but to such as have money Pope Honorius the third in his letters to the Clergy of England doth freely confesse the villanie of his Court but to a pretty purpose I trow mark what the English Monks say of it And though the Popes Nuncio did publiquely rehearse before them all the letters wherein the same Pope did alledge the scandall and old reproach
and dignity and substitute another worthy of itâ— by the authority Apostolique The King of France having such a wiâ—â—ed 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 â—â—erling of the proper revenues of our said Kingdomes besides the Peter-pence 10 After this that honest Iohn Lack-land was absolved from â—is 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
have spoke already wee will yet produce some to that purposâ— out of the booke entitled An explanation of the holy and venerable Synods printed at Paris the yeare 1553 out of the Kings library Where it is said of the first Nicene Councell At which Councell Sylvester Bishop of Rome Alexander of Constantinople Alexander of Alexandria Eustachius of Antioch and Macarius of Ierusalem were heads or presidents Those were the five Patriarchs which were present there either in person or by their Legats Where notwithstanding to give notice of it by the way wee may observe a mistake in the author who by way of anticipation reckons the Bishop of Constantinople amongst the Patriarchs not remembring that he obtained that degree of honour at the second generall Councell holden at Constantinople and hither also must that other passage of the same author be referred The Presidents of this Councell were Damasus Bishop of Rome Nectarius of Constantinople Timothy of Alexandria Cyrill of Ierusalem Meletius of Antioch Gregory the Great the Divine Gregory Nyssen Amphilochius of IconiuÌ„ He reckons the five first as Patriarches and the three last as great Doctors famous for their learning Zonaras saith they were chiefe in the dispute using the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which the Latine translation renders Principes fuere For the third General holden at Ephesus he speaks thus of it In this Councel Celestine Bishop of Rome Cyril of Alexandria Iuvenal of Ierusalem and Memnon of Ephesus were Presidents This last is ranked also amongst the chiefest by reason of his worth and learning Of the fourth Generall holden at Chalcedon he saith At which Councell Leo Bishop of Rome Anatolius of Constantinople Iuvenal of Ierusalem and Maximus of Antioch were chiefs and Presidents Of the fift Generall at Constantinople The heads of which Councel were Vigilius Pope of Romeâ— Eutychius Bishop of Constantinople Apollinaris of Alexandria Domnus of Antioch and Damianus of Ierusalem Of the sixt Generall holden at Constantinople The chiefs of which Councel were Agatho Bishop of Rome George of Constantinople Peter the Monke deputy for the Bishop of Alexandria and Theophanes of Antioch Of the seventh Generall held at Nice The Presidents of which Councell were Hadrianus Pope of Rome Tarasius Bishop of Constantinople Politian of Alexandria Theodoret Bishop of Antioch Elias of Ierusalem In all which passages it is in the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and in the Latine translation Cui Concilio praefuerunt You see then the Pope is well accompanied in his pretended Presidence Hee is continually named first for his degree of honour before not for his superexcellence above the rest And besides hee is reckoned first only amongst the Clergy for as for the Emperours and their Officers they tooke place of all in Councels as is evident from the Acts But let us come back to Bellarmine againe 10 That other passage which he alledgeth out of Eutychius the Patriarch of Constantinople's letter to Pope Vigiliuâ— seems to be more pressing where hee saith Wherefore wee desire to treat and conferre upon these points with joynt forces Praesidente nobis vestrâ— beatitudine under your prâ—sidence These words might be spoke by way of complement in manner of a kisse-your-hand or proffer of service But however wee must of necessity confesse two things First that the Emperour Iustinian however he was not present at the Councell had authority there notwithstanding for he call'd it he sent the poynts which they were to deliberate upon he commanded them to appeare at the Synod with the rest of the Bishops Wee have commanded him saith he by our Iudges and by some among you to meet you and treat in common with you of the points aforesaid It is true the Pope excused himselfe saying Hee could not come these are his very words because there were a great many Easterne Bishops at the Councell and hee should have but a few Westerne with him there And this he alwayes insisted upon saying that hee would only give his advice upon three points which had been proposed by the Emperour and that in such sort that the Bishops of the Councell were offended with him for see here what they say of him at lastâ— And whereas hee proffered to give his advice by himselfe alone after he had beene divers times invited by us all to come hither and by the right honourable Iudges sent unto him on the behalfe of the most devout Emperour after he had notice of that answer having the Apostles admonition in minde That every one shall give account to God for himselfe and also fearing that judgement which is laid up for those that offend one of the litle ones much more when they offend the most Christian Emperour whole Nations and Churches and that which the Lord said to St. Paul Feare not but speake and be not silent for I am with thee and no body shall do thee harme We therfore being assembled together have acknowledged in the first place c. 2 The nâ—xt is that the Pope would never condescend to assist at that Councell though as it follows from these very passages hee was entreated thereunto both by the Emperour and all the Bishops therein In briefe hee desired alwayes to act his pageant apart and would not entermedle himselfe among the Easterne Bishops Wherefore nothing can be collected hence which makes for the Popes advantage But on the contrary whosoever shall read all the acts of that Councell will finde it is a thing much redounding to his disgrace that hee should be resident in the same Citie after a Councell was there assembled and being requested to goe to it to treat of points of great importance that hee should refuse to communicate with his brethren and fellow-Bishops as it is related in the very Acts. And without doubt this is a mighty breach in his universality especially seeing he excuseth himselfe for not comming into the Councell because he had but a few Western Bishops with him for he therby confesseth he had no great authority over the rest Yea it is one of the strongest arguments that can be brought to prove that the presidence in Councels belonged not to him it being very probable that if so he would have forborne comming thither Which Bellarmine in his workes doth not greatly dissemble 11 The Acts of the sixt General Councel which was the third of Constantinople tell us in downright termes that Constantine the Emperour was President of it and not the Popes Legats 12 As for the second Nicene which is counted the seventh it is not said in the Acts thereof that the Emperours assisted at it for they were absent There are indeed certaine Officers and Senatours which were present through all the Acts hâ—t not in the quality of Presidents or Iudges As for the Popes Legates they are named first in every action and subscribed in the first place but nothing can be concluded thence for the Presidence This was only granted unto the
them hath burst out so farre that hee hath declared in his writings that the Roman Emperour is bound to him by an oath of allegeance as subject to him by a coactive jurisdiction as may bee gathered from the contemptible and ridicuâ—lous covert pretences in their narrations which they call Decretals He addes further The Bishops of Rome with their Cardinals durst not call these factious Ordinances lawes but they have Christened them by the name of Decretals howbeit they meane by them to binde men over to punishment and that considering the state of the present age by a coactive power just as humane lawgivers Which at first they durst not expresse by the name of lawes fearing the opposition and correction of the lawgiver considering that therein they incurred the crime of treason Afterwards they called these their Ordinances Canon law to the intent that under colour of the name though wickedly used they might bee more authentique and further to beget in faithfull people a credit and reverence and obedience to them Hee speaks yet more of them in the twentie first and twentie fift Chapters of his second part and some other places but wee will content our selves with this 7 Gregory Haymbourg a German Lawyer who lived in the time of Pius the second about an hundred and fiftie years agoe hath a discourse in a certain booke of his which comes neare to this of Marsilius Their Decret saith he was publiquely composed under Lotharius and Conrad to which howbeit there be much hay and straw of the Pope mingled with the authorities of Saints some notwithstanding give so much reverence as it seemes the Gospel were contained in it And from thence carnall Popes have arrogated to themselves by virtue of this Decree as an authenthentique book not of the Gospel a plenitude of power Afterwards Innocent the third compiled the Decretals for the better defending of their plenitude of power And whatsoever they could wrest from factious and schismaticall Kings and Emperours that they have transcribed into the sixth book of the Decreâ—als and into the Clementines as rights bestowed upon them by Christ. 8 Our French men also have stoutly rejected these upstart Decrets and and have contented themselves with the ancient with those namely which were contained in an ancient collection called Codex Canonum not willing to admitte of any other old or new the one as being supposiâ—itions the other as too presumptuous There was a great quarrell hereabouts betwixt the Bishops of France and Pope Nicholas the first in the time of Charles the Bald inasmuch as Nicholas would have obtruded certaine Decrees upon them for currant money which hee said were ancient which the other refused because they were not comprehended in their Code Wee are informed of this controversie by one of the Epistles of the same Pope writ to the Archbishops and Bishops of France where hee straines to refute their opinion concerning that point Howbeit saith he some of you have writ that these Decretals of ancient Popes cannot be found enrolled in all the bodie of the Code of Canons notwithstanding that they use them without distinction when they make for their purpose and maintaine that they ought not to be received now so to impaire the power of the See Apostolique and augment their owne priviledges If they say then that the Decretall Epistles of the ancient Popes of Rome ought not to bee admitted because they are not inserted in the Code of Canon neither should any edict or rescript of Saint Gregory be received nor of any other either before or after him because they cannot bee found in the Code of Canons All this was inserted into Gratians Decret Where it is to bee observed that all those goodly Decretals were forged since which goe under the names of Clement Anaclet Evaristus Alexander Telesphorâ—s and an infinite number besides which all men of judgement pronounce false upon the bare reading and yet notwithstanding our Councell gives the same authoritie to them which it does to the holy Scriptures 9 Now one of the maine arguments of this forgerie is that in this Code were contained only the Decrees of Sylvester Syricius Innocent Zoâ—imus Celestine Leo Gelasius Hilarie Symmachus Hormisdas Simplicius and Gregory the younger And that Pope Leo the fourth one of Pope Nicholas his predecessours writ to the Bishops of Brittaine That these were the Canons which were received in Ecclesiasticall judgements meaning those which are contained in this Code as it is said in Gratians Decrets Which Gregory the thirteenth in his late purgation expounds thus He meanes saith he the Canons and rules contained in the Corpus or Codex Canonum which the Bishops of Rome were wont especially to use in judgements And this very Code was sent by Pope Adrian the first to the Emperour Charles the Great as is gathered out of certaine verses which wee read at the beginning of it 10 The Nobilitie of France finding themselves grieved with these Decrees of Rome complaine very bitterly of them about the yeare â—247 under the reigne of Saint Lewes setting forth a certaine writing thereupon which went even into forraine Nations and was inserted at large in the historie of England See here a piece of it They doe so annull the Secular jurisdiction by their lawes that the children of servants are made Iudges of free men and their children howbeit according to the ancient and Secular lawes they ought rather to be judged by us and they should not derogate from the customes of their predecessours by their upstart constitutions so as they make us in a worse state than God made the Gentiles when he said Give unto Cesar the things which are Cesars and to God the things which are Gods 11 In the time of Charles the fift there was a booke made in France called The Vergers dreame first made in Latine then translated into French by his command In the seventh and eighth Chapters whereof the Clergy man and the Knight conferre together on this wise I call saith the Clerk and account the Decrees and Decretals of the holy fathers of Rome to bee good law which binde and oblige every true Christian as a subject and sonne of holy Church our mother To whom the Knight replyes If the termes of Rome be Decrees or Decretals Ordinances or Constitutions touching the temporall affaires of Kings Princes or other Secular Lords you Clerks among your selves shall call and account them law if you please But the truth is no man can establish nor ordaine any thing where he hath no power nor authoritie So as the King of France hath no power to make a law or ordinance to bind and tie the Empire so neither can the lawes of the Emperour binde the King of France nor his subjects And a little after I hold it therefore a frivolous thing and very ridiculous that the holy Father should make any Decree Decretal or Constitution about temporall matters And yet the greatest
part of them were made about things of that nature 12 The Cardinal of Cambray in his book of the reformation of the Church demandeth also that these Decretals bee corrected For the third grievance saith he speaking of the Pope which hee imposeth upon other men by the heavie multitude of his Statutes and Canons and Decretals those mainly which seeme to binde over to grievous punishments and especially to mortall sins should be taken order with 13 Nicholas de Clemangiis hath spoke yet more freely of this point So many new rules and Constitutions saith he set out by every Pope the observance whereof is enjoyned contrary to the ancient lawes and ordinances of our forefathers what are they else but captious snares and seeds of law suits very fertile of which those wrangling practicioners of the Court of Rome doe serve themselves those sophisticall curruptours of law to raise an infinite number of suits against right and truth with a thousand arts of doing harme 14 Philip the Faire was advised by the Princes and French Barons Not to suffer the Pope to make any Ordinances about things belonging to his Kingdome without the counsell of him and his nor any new and unwonted thing to be brought in thither So saith Mr. Iohn du Tullet in his advice concerning the liberties of the Gallicane Church And it is the very counsell which Eudeas Duke of Burgundy gave him which is yet to bee seene among the treasurie of Charters 15 That which Mr. Francis Duarenus one of our most learned Lawyers said concerning this subject in the Preface of his book De sacris Ecclesiae ministeriis printed 1551 might have moved the fathers of this Councell to a reformation Many saith hee are of this opinion that the Canon law is nothing but a confused and disorderly masse of decrees and constitutions set out by some halfe-learned Popes rather for their owne gaine than for any commoditie that redounds upon the Common-wealth of Christendome from thence the knowledge whereof seemes neither commendable nor necessary And there does not want some that plainely professe that this law is all full of errours of which number Cynus Pistoriensis a Lawyer of great repute was one And having spoken of Gratians Decret which hee saith contains some good things and some errours withallâ— The other volumes saith hee is the Decretals containing the epistles of diverse Popes of Rome called Decretals In which volume of Decretals wee finde many things which degenerate much from that ancient discipline delivered in Gratians Decret and thence rose that common proverb amongst them That it was never a good world since the Decret tooke wing and flew away And presently after The other booke is Boniface the eight's which as wee understand was never received in France because that divers constitutions therein contained were made in hatred and despite of King Philip the Faire and devised for the commoditie of the Court of Rome He addes yet further We are enforced to confesse betide us well betide us woe that the manners of the Clergy of Rome are so degenerate by litle and litle that the later constitutions of Popes fall short of the former and it seemes a man may rightly say of them as Homer writ Very few children are like their fathers in virtue many worse scarse any to bee found better Wherefore as it is necessarie to reduce the manners of Clergy men to their ancient religion so it would be expedient peradventure to take all that is most true most pure and most profitable in so many divers Papall constitutions and reduce them into one short volume And wee are not out of hopes that this may one day bee brought to passe even during the life of Iulius the third of present being who hath the bruit and report I wish it bee not vaine of one that seriously thinkes upon repairing the ruines of the Church and restoring the ancient Canons The event hath proved that this bruit was vaine for neither Iulius nor any of his Successours ever put his hand to this reformation unlesse a man would ascribe that to Gregory the thirteenth who hath caused many things to bee altered and rased out of those books which were disadvantageous to the Pope and favourable to France and all those whose rights are usurped by the Pope 16 We will adde for conclusion that which Mr. Philibert Bugnon in his tract Of abrogated Lawes saith upon this subject Thus the Decretals were brought in received and admitted by all Christendome before which the Court of Rome never received those bafling disputes which encrease from day to day Therefore Mr. Francis Rabelais said not without cause in his merry Pantagruell by way of a common proverbe Since the Decree away did flie And souldiers knapsackes wore Since Monkes would need on horsebacke ride The world 's worse than before 17 After all these authorities and testimonies we will observe that right as the Emperour Iustinian gave the force of a law to the Resolutions of our lawyers so our Popes now adaies give the very same force to the constitutions of the Emperours which are thought weake and feeble if they be not canonized in their Decrees or confirmed by them See what we are come to They doe yet more for like that Romane Emperour who caused the heads to be strucke off of the statues of Iupiter that hee might substitute his owne in the place so they have ascribed to divers Popes manie imperiall lawes out of the Code of Theodosius the Bookes of Iustinian and the very Capitularie of Charles the Great But see here that which is utterly intollerable which is that they make void civill lawes of Emperours and Kings by their Decretals they adde unto them and diminish them they derogate from yea they quite abrogate them 18 We let alone an infinite many errours and falsities which have beene observed by divers learned men either Devines or Lawyers which neverthelesse were confirmed by this Councell contenting our selves with producing the testimonie of Stanislaus Hosius one of the Presidents of our Councell who saith that Gratian relates a fable in his Decree We doe not see saith hee whence it comes to passe that Gratian hath set out this fable but he that shall read his workes attentively will finde that he hath pumped more from the rivers and other compilers than from the fountaines Nor will wee urge that which some have recorded that how ever the Popes have all law within the cabinet of their owne bosome neverthelesse they have forgot it sometimes not remembring themselves of some other Constitutions which were formerly made Which is a prettie modest Apologie Wee shall say onely for conclusion that the authors of these Decrees and Decretals were the most vicious and ambitious Popes of all 19 Alexander the third who authorized Gratians Decree and gave it the force of a Papall law was unjustly elected accounted for an Anti-Pope and declared such by a very
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 noâ—â—lâ—y 〈◊〉 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 iâ—stigation 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 beâ—ne 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—
Councell 8 But not obtain'd 9 Exemptions how used in France Chap. V. p. 327. 1 THe power of granting pardonâ— for criminall matters 2 Allowed to the Pope by this Councell 3 Vnknowne to antiquity 4 Being the true right of Princes Chap. VI. p. 328â— 1 THe number of Papall Constitutions and Decrees complain'd of to this Councell 2 Yet not abated but all confirm'd by it 3 Many whereof were not received before 4,5 Ancient complaints made against them 6 By what degrees Popes usurped upon Princes by themâ— 8,9 Many pretended Decretals are supposâ—titious 15 Many abusive 17 And derogatory to the Imperiall lawes 19 The worst Popes authours of them And the greatest enemies to Princes Chap. VII p. 335. 1 THe censure of all bookes left to the Pope by this Councell 2 The extent oâ— this power and mystery of the Index expurgatorius 3,4 Wherein they condemn all authours that stand for the rights of Secular Princes 5 Or of Councels against Popes 6 And all that have writ against the abuses of their Court 7,8 c. And by the like reason they may condemne all or most of the lawes of Princes and liberties of the Gallican Church BOOKE VII Chap. I. p. 341. 1 THat this Councel tends to the depressing and abasing the authoritie of Christian Princes 2 By robbing them of their temporall jurisdiction 3 Especially in case of duels That a Councell hath no coactive jurisdiction over Princes This proved by authority of Scriptures 4 And ancient Fathers 5 And Popish authours 6 All coactive jurisdiction derived from Princes 7,8 Over the Clergie variously exercised by the Imperiall lawes 9 What use the Popes make of them 10 They doe not binde present Princes Chap. II. p. 346. 1 THat a Councel hath no power in temporall matters Proved by authoritie of Fathers against the Trent Councel 3 By the practice of Popes 5,6.7 And ancient Councels 8 By reason 10 Secular Princes may require subsidies of Clergie men 11 Even by the Canon law 12 If they have any exemptionsâ— 13 As they have many 14 They were first granted by Princes Such subsidies injustly prohibited by this Councell 15,16 And some former Popes Chap. III. p. 352. 1 EXcommunications abused by Popes against Princes 2 Kings should not easily be excommunicated 3 As they are by this Councel 4 The King of France claimes a priviledge and exemption from excommunication 5 And why 7,8,9 This priviledge acknowledged by Popes 10 Maintained by Parliaments 11 Confirmed by Popes Chap. IV. p. 355. 1 THis Councell useth commanding termes to Kings and Princes and makes them but the Bishops officers and executioners of their Decrees 2 Contrary to the practice of former Councels 3,4 c. This makes Princes inferiour to Priests in point of honour 9 How much the Pope is greater than the Emperour 11 12 The humility of ancient Popes and the great respect they used to Kings and Emperours Chap. V. p. 359. 1 THe authority of Kings in the Church and over the Clergie 2 More in right than in fact 3,4,5 They are the patrons and defenders of the Church 6 And have power to reforme it 7,8,9 This power confest by Popes 10,11 And Popish writers 12,13 Exercised by Emperours 14,15 c. And kings of France Chap. VI. p. 365. 1 THat Emperours and Kings have in all ages made lawes of Ecclesiasticall politie and discipline 3,4 Both before Christ 5,6 And since 7 That they had power so to doe But not to administer the word or sacraments 8 Especially the Emperour the Kings of England and France 9 10 c. This power of Princes coâ—fessed by Councels and adâ—itted by Popes 16 Who became suiters to them in that behalfe 17,18 And proâ—oters of their ordinances Chap. VII p. 371. 1 THe King of France wrong'd by this Councell iâ— point of precedence before the King of Spaine 2 3 The quarrell betwixt their Ambassadours at Trent about it 4 The Spanish party favoured by the Pope 5,6,7,8 And by the Councell 10,11 The King of France his right proved by Councels 13 Doctors 14 Even Spaniards 15 The Popes prevaricaâ—ion in the cause 16 Which is not yet decided Chap. VIII p. 377. 1 INdults and expectative graces utterly prohibited by this Councell 2 But tolerated by the lawes of France and practised there 4 All power in excommunications either for procuring or prohibiting them taken from Civill Courts and Magistrates by this Councell 5 Contrary to the law and custome of France Where the kings by their officers doe decree them 6 Or prohibit the execution of them 7 Thereby curbing the attempts of Popes 8 Prejudiciall to the lay Iudges 9 Censures and excommunications abused by Popes 10 And therefore opposed by Princes 11 A reformation required at Trent 12,13,14 And before that they might be used for petty matters 16 Yet no remedy obtained Chap. IX p. 383. 1 THis Councell disposeth of the goods of Religious persons Contrary to Law 2 Gives Mendicants leave to possesse lands contrary to their Order and its owne Decree 3 And the lawes of France Notwithstanding the Popes dispensation 4 This Councell cancels some leases of Church lands injustly because without the Kings leave 5 It ordaines about commutation of last Wils contrary to the lawes of France Chap. X. p. 385. 1 THis Councell commands all Clergie men to receive the Decrees without regard to their Princes consent 2 Contrary to the practice of other Councels 3 It denounces excommunications in case of refusall Requires an oath of obedience Disaâ—lowes toleration of Religion 4 Approves violence in rooting out heresies 5,6 And ordaines the Inquisition for them 7 Contrary to the Edicts of pacification in France 8 The prejudices done by this Councell admit of no qualification 9 And therefore it hath beene justly rejected Faults escaped Pag. Line Fault Correction 24. 37. preceed preside 31. 18. to staine â— to staine 40. 36. Trent Tyre 41. 34. Rhegno Rhegino 58. 9. a. dele 64. 21. Holynesse Highnesse  32. discords disorders 71. 43. Of Chartres Of the Charterhouse et 224. 5.   75. 24. Fontanus Fontanus hath put  marg Alberius Albericus 81. 3. exequeter one yeeros exchequer one yeares 83. marg Valoterran Volaterran 86. 41. Princes Provinces 94. 33. this in this 95. 9. Apostles Apostle 101. 40. rank instance 109. 24. gave have 121. 46. writ went 122. 53. Avarus Alvarus 125. 30. in into 130. 46. at as 159. marg Radericus Radenicus 166. 34. Sismand Sisenand 187. 10. Empâ—rour Emperours 191. 27. assembling ascribing to him 194. 13. commanded them that dele 222. 22. to wit dele 241. 2. that by that 251. 36. found founded 253. 26. blessed the blessed 257. 47. the. at the. 265. 5. they an the. and. 269. 3. to Popes to the Popes 278. 16. Monarchie Monarch 288. 42. you yon 293. 4. Doctour rings Doctours Kings  5. eight right  33. were they were 296. 42. Churches clutches 307. 21. honour under order over 310. 41. Iudges Royal Ordinaries Ordinarie Iudges Royall
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 loâ—ters 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 câ—rtaine 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
sous couleur de pieté L' eglise abonde en Simonie Et y a multiplicité De maux que s'ils sont de duree Nuiront à cette foy doree Eclipseront la pureté Tell the Pope I pray from mee That under colour of piety The Church abounds in Simony And such a many faults there be That if not mended presently They will eclips the purity Of faith that shines so gloriously 12 Francis Petrarch who lived about the yeere 1370 under the Emperour Charles the fourth and Pope Gregory the 11 reproving also an infinite number of abuses speaking of Rome under the name of Babylon and of his departure from thence in the 92 Sonet he saith De l' empia Babilonia ond ' è fuggita Ogni vergogna ond ' ogni bene è fuori Albergo di dolor madre d' errori Son fuggit ' io per allungar la vita From wicked Babylon from whence is fled All modesty all goodnesse banished Harbour of griefe mother of errours rife I fled in hopes so to prolong my life In his 20 Epistle he styles it The nest of treasons wherein the venome of all the world is hatched and brought up 13 Francis Zabarel Cardinall of Florence who lived about 1400 in a tract which he writ of the Schisme a little after the first Pisan Councell speakes thus concerning the reformation of the Head which as hee saith must bee done in a Councell These lawes are observable insomuch that they were not well considered of by divers flatterers that would often heretofore humour the Popes and who still perswaded them they might do what they list yea even that which is not lawfull and in that respect more than God himselfe For hence have ensued an infinite company of errours insomuch that the Popes have usurped all the right of inferiour Churches so that other Prelates are but cyphers and if God do not provide for the state of the Catholique Church it is like to goe to wrack But by the grace of God there is some hope of reformation if the Councell which is appointed in the Church doe indeed meet as it is reported it shall In which assembly order must be taken not onely for the present schisme but for the future also and the power of the Pope must be so moderated that inferiour powers bee not overthrowne and that from henceforth the Pope may not do what he will but what is lawfull 14 At the Councell of Constance there were articles put up by divers Natitions about the point of reformation wherein it was demanded amongst other things That there might bee a reformation of the head and Court of Rome Whereupon was enacted this good decree That the Pope whom they should create together with the Councell or such as should be deputed by every nation should proceed to the reformation of the head the members and the Court of Rome according to equity and the good government of the Church before the breaking up of the Councell But Pope Martin the fifâ—h being elected by them did ease them of that trouble putting off the reformation till another time to the great regret of many seeing it is ever to begin anew 15 The Cardinall of Cambray who lived about 1414 and was at the Councell of Constance in a certaine Treatise of his Of the reformation of the Church after he hath shewed the good that comes of the celebration and frequency of general Councels he addsâ— The second consideration is of such things as ought to be reformed in the Head of the Church that is concerning the state of the Pope and his Court of Rome And he afterwards speaks of the abuses of exactions excommunications the multitude of Canons and decretals presentations to benefices elections to dignities granting of exemptions and many such like excesses which saith he it would be too long to relate which he desires may be reformed 16 Mr. Iohn Gerson Chancelour of Paris who was also at the Councell of Constance in a Sermon made by him upon the voyage of the Emperour saith It is expedient to doe so now before the election of the Pope in many things which concerne the state generall of the Church which the Popes abuse by too much using the plenitude of their power as in this that they will never keep any generall Councels nor suffer inferiour Prelats to enjoy their ordinary rights wherein they have manifestly erred without any manifest reason or convenience sometimes disanulling the decrees of generall Councels sometimes altering them sometimes expounding them at their pleasure sometimes granting priviledges and exemptions 17 Nicholas de Clemangiis one of the most learned and eloquent divines of his time who was contemporany with Mr. Gerson speaks also very bitterly against the See of Rome in divers tracts but especially in his booke De ruina reparatione Ecclesiae I shall set downe some passages in generall terms First saith he let us speake of the Head upon whom all the rest depends He afterwards addes For the supreme Bishops that I may come to them in the last place who by how much they see themselves ranked above others in greatnesse and authority by so much they labour the more to overthâ—ow them out of a domineering humour for the enlarging of their primacy and supreme power considering that the commodities of the Bishoprique of Rome and S. Peters patrimony which is very large and above any Kingdome though it have beene sufficiently curtalled by their negligence can no way suffice to maintaine the greatnesse of their state which they have purposed to raise high enough above all the Emperours and Kings in the world have cast themselves into those others flocks that abound in breeding in wool and in milke He afterwards specifies the loosenesse luxury vanities worldlines rapiâ—es vexations usurpations oppressions and other such like vices and abuses of the Popes and their Court. In another book of his intituled De lapsu reparatione justitiae he shewes that the Court of Rome hath infected France by comming there specifying all the vices and blemishes which are communicated unto it and those no small company 18 Lastly saith he there was a time when the Apostolique Bishop being vexed with the tyranny of the Italians made choice of France for his seat and for all tâ—e Court or Rome supposing he could not â—inde assured refuge elswhere to whom I could wish the strength of France had never proved a staffe of a reed as it was a long time before foretold that it shouldâ— what was it else that brought France upon the suddaine into these miseries making her fall away from that eminent glory which made her flourish above al other nations but that degenerating from those ancient vertues which adorned her with such an excellency of honour she is changed from valour to cowardise from diligence to sloath from honesty to ignominy from gravity and constancy to a wanton lightnesse from
temperance to luxury from courage to presumption from liberality to covetousnesse and unrestrained spoiling from thrift to prodigality from trust to treachery from piety to impiety from order to confusion from a solid glory to pride and vanity from zeale of the publique good to private gaines from correction and discipline to a generall impunity and licence of all wickednesse and misdemeanours and to summe up all in a word which is proper for our present subject from justice to injustice and all iniquity 19 The author of the booke intitled De Hierarchia subcoelesti who lived about the same time under Charles the fifth and sixth hath made us also an inventary of the abuses deformities and debauchments of the Court of Rome which as he saith crept into it for the most part after Clement the fifth Celestine the fifth as the story goes seeing the state of the Court of Rome even then disorderly and corrupted retired himselfe of his owne accord and renounced the Popedome and although it be said that he was cheaâ—ed by Boniface the eighth his successor of whom it is said that hee entred like a Fox and reigned like a Lyon yet the same Celestine was moved so to doe rather out of a desire of avoiding pomp and enjoying the embraces of his Rachel Benet who was of the order of the Preâ—icants succeeded Boniface who having made peace with the King of France with whom his predecessors were at ods he undertooke to reforme the Church but hee could not goe through with it being he lived not a whole yeere After him there was a Pope chosen by the name of Clement the fifth an Archbishop of Bourdeaux in France under whom all the Canons the Customes Ecclesiasticall and other vertues did utterly perish their gallantry was increased Simony flourished avarice sprung up pride and pleasure waxed hot they gave themselves up to the delicacies of the palat a puddle of luxuries did overflow all and was poured downe upon the Clergy Was not all the Church afterwards made tributary Consider the pecuniary tythes the slaughter-houses the procurations in absence the injust reservations of all dignities the bestowing of benefices put all into one mans hand the exemptions which are as it were the maimes of all the members of the Church the plenary indulgence of all sinnes granted to rich men Consider also the presenting of insufficient men to Bishopriques and the commutation of all offences into pecuniary mulcts 20 Iohn Duke of Bourges in an Epistle which he sent to Pope Innocent the seventh amongst other things tells him That in Peters case the Sun of righteousnesse was wont to rise and the fruitfull earth brought forth fruit of the purity of the divine seed a hundred fold that there the authority of the Fathers remained entire and incorrupted whereas now we see a head faint a heart sicke and scarce ought sound from the sole of the foot to the top of the head And he had said before That ambition the fountaine of other vices is now growing in the Church of Rome and that it spreads abroad monstrous and abominable vices over all the earth like branches of a greene stock 21 Afterwards the Councell of Basil was called many good decrees were there made there the Popes who had now reered their power too high were brought under the yoke of a Councell there their enterprises were reprehended their power bounded and regulated Hearke what Sylvius saith How that decree was necessary to curbe the ambition of the Popes of Rome who thrusting up themselves above the Catholique Church thought it was lawfull for them to doe what they list and a little to divert the thoughts of the Popes from the care of temporall matters considering that they never thought of spirituall But when all came to all this was to no purpose for the Popes hold that Councell to be apocryphall yea hereticall they condemned it in the Lateran for as much as concernes them so that wee are to beginne againe Whereupon it was expedient to call yet for a reformation of the Head Besides what wee have elsewhere spoken of the Councell of Basil we will here set down the testimony of Gregory Haymbourg a German Lawyer who lived at that time The Councel of Basil endeavouring to abolish and reforme that and desiring to reduce the present Vicar of Christ to some forme which come neer the life of Christ hath bin letted hither towards forin the prosecution of that reformation which wâ—â— begun so soon as it touched upon the Court of Rome there was such a storm raised against it that the ship of Peter seems buried in the waves where it swims being it cannot sink 22 Nicholas Cusan Cardinall of St. Peter ad vincula who writ not long after the Councell of Basil in his bookes De Concordia Catholica saith The power of the Bishop of Rome ought to be handled in the first place because as Gregory saith in a Councell where they medle with reformation they must begin at the head And afterwards he saith That when the head is sicke all the members are sensible of it and that the health of inferiours depends upon the soundnesse of those that are set over them and that there cannot bee a greater enormity than when hee who thinkes every thing lawfull for him in regard of his uncontrouled power invades the right of those that are under him 23 Iames de Paradise of Chartres who writ also a little after the Councell of Basil in his booke De septem statibus Ecclesiae saith Seeing then wee hold it possible to proceed to a reformation as well of the head as the members by such as have authority and presidency both spirituall and temporall it must be either by one man or more That it should be by one man is against all reason how eminent soever he be for his virtues his knowledge his worth although hee bee renowned for his miracles nay in my opinion not by the Pope himselfe alone For there are so many Canons Decrâ—talâ— and Constitutions made by â—hem already as are good for nought but filling up parchment to no purpose without working any reformation Besides seeing it is evident â—ay palpable that hiâ— owne Court stands in great need of reformation aâ— hath beene well knowne by the common cries of the last Generall Councâ—â—â—â— which Court of hiâ— if hee either cannot or will not reforme which he covers under his wing how is it credible that he should â—eforme the Church which is of so large an extent Besides it may be objected to himâ— Apply the salve to your owne sores first as being the head for when that is cured you may with lesse difficulty cure the members wherefore Physitian heale thy self You must first take the beam out of your owne eye and then you may take the moâ—e out of your brothers eye else you will do no good by an inverted order Vnsavory salt is not good for
of the holy Church of Rome to wit the imputation of covetousnesse which is the root of all evill And mainely in this that no man could dispatch any businesse at Rome without chaffering and disbursing large summes of money and giving of bribes But in as much as the poverty of Rome said he is the ground of this scandal and infamy the naturall children ought to relieve the poverty of their mother Wherefore said he for the utter rooting out of this scandall we require that two prebends be allowed us out of all Churches and Abbeys and the meanes of one Monke out of every Covent But the English perceiving the fallacie to be too grosse made a mocke of that demand 7 Wee must here relate a dream which a certaine Bishop had of the Election of Benedict the 12 and what he said unto him He dreamed that some body appeared to him upon the night and said Thou seekest the Pope Hee is not And returning againe a little after said Wouldst thou see the Pope This is he shewing him a big man whom he knew not but being arrived at Avignon where the See then was just upon the poynt when they were going to the election of a Pope after the death of Iohn the 22. Having found that Cardinal Blank was the man which was shewed unto him he sought him out saying unto him Father you shall be Pope And having rehearsed his dreame unto him he added He that shewed me your visage carried me into a most filthy stable full of dirt and dung where I saw a coffer of most white marble quite empty you are that coffer which you must fill with virtue in executing this charge O you shepheard and stable-groome clense the Court and See Apostolique which is now nought else but a filthy nasty stable of villany covetousnesse and Simony 8 One of our Law-commentators saith The Emperor like the Eagle leaves his prey does not as one insatiableâ— set his teeth to every kind of meat but it is otherwise with the pope who like the universe coÌ„tains all things An officer of the court of Rome after he hath spoken of severall taxes of the Chancery saith By these upstart and unusuall exactions is verified the saying of Alphonsus King â—f Arragon recorded by Antonius Panormitanus in his book of the Apothegms of Alphonsus to wit that the Harpies doe not live now in the Iles but have shifted their habitation and reside in the Court of Rome So true they found it that one of our greatest Canonists cites the very same Another Canonist geeringly sayes The Pope is very liberall that takes a great deal of gold for a little peece of lead But he hit it more fitly that said The Pope in this had found out the Philosophers stone One of our ancient practitioners makes this prayer That some good Emperour would stand up against those that destroyed the world anciently by their devotion but now by their covetousnesse and rapine who have ruined the state of the Empire and all Lay men And in another passage speaking of charges The Pope saith hee hath reserved them both in this case and many of this nature to fill his owne purse and his insatiat Court. And againe he saith That the ground of all avarice and ambition is in the Court of Rome and that the Romanists doe many things against God and his laws to their eternall disgrace and everlasting losse of their souls 9 An English Monke saith that in the yeere 1181. under Alexander the 3. Prester Iohn King of the Indies for so he calls him was aminded to serve the Church of Rome Of which great designe there had beene a happy issue if the same or rather the infamy of the Romane avarice had not defiled the whole world through all parts of the earth which made his devotion to grow somewhat cold Theodoric Vric a Devine of the order of the Austin Monks in his first booke De consolatione Ecclesiae which hee dedicated to the Emperour Sigismond affords us also this testimony Papa stupor mundi cecidit secúmque ruêre Calica templa Dei membra simúlque caput Papa dolor mundique pudor per crebra patescit Crimina seu scelera famine sonifero Heu Simon regnat per munera quaeque reguntur Iudiciumque pium gaza nefanda â—etat Curia Papalis fovet omnia scandala mundi Delubra sacra facit perfiditate forum Ordo sacer baptisma sacrum cum chrismate sancto Venduntur turpi conditione fori Dives honoratur pauper contemnitur atque Qui dare plura valet munera gratus erit Aurea quae quondam fuit hiâ—c argentea Papae Curia procedit deteriore modo Ferrea dehinc factâ durâ cervice quievit Tempore non modico sed modò facta iâ—tum Postque lutum quid deterius soletesse recordor Stercuâ— in tali Curia tota sâ—det Downe goes the Pope the wonderment of all With him Gods Church the head and members fall The Pope the worlds both griefe and shame is knowne By 's many crimes which now are famous growne Now who but Simon bribes are all in all And wicked pelfe just judgement doth forestall The Popish Court doth foster all disgrace And turnes the Church into a market place Chrisme Orders Baptisme all which holy are Are basely sold as at a pedling faire The rich is honour'd and the poore neglected He that can give most shall be best respected The Court of Rome which was of gold before Then turn'd to silver of a baser ore Next stiffe-neck'd she not onely for a flirt Grew into iron now is turn'd to dirt And after dirt what worse yet now I thinke on 't What but Sir reverence all the Court doth on 't All this which the authour delivers in a hobling verse Du Ranchin translated word for word to keepe the closer as he saith to the sense But wee have expressed it as you see 10 Petrarch in an Epistle of his saith That the grim porter is appeased with gold that heaven is opened with gold and Christ himselfe sold for money Learned Espensaeus complaining of the connivence of the Fathers in this Councell cites divers verses out of Mantuan wherein the vices of the Court of Rome are represented wherewith he hath filled divers pages but not to swell this Treatise too big I shall content my selfe to set downe here only this little fragment of his discourse Whose distich is this I pray you saith he Vivere qui cupitis sanctè discedite Roma Omnia cum liceant non licet esse bonum He that would holy be from Rome must â—ye All things are lawfull there but honesty Surely it is not onely a Poets but a Philosophers yea a Devines yea a Monkes and that an Italians namely Mantuans the very same is urged also by Clenard the Devine professor of Hebrew at Lovaine at Paris in Portugall yea more this man who was nothing lesse that a Lutheran hath ventured
to expresse the same in this other distich Quisquis opes sacras nummo reperire profano Quaerit â—at Romam sacra sunt vaenalia Romae He that would purchase sacred wealth with gold Get him to Rome there sacred things are sold. He cites these verses also out of the same Author Vaenalia nobis Templa sacerdotes altaria sacra coronae Ignes thura preces coelum est vaenale Deusque We sell the temples altars priests and all Incense and fires which we most sacred call Crownes vowes and zealous prayers we spare them not Heaven with his lights and God himselfe to boot The same Doctour addes O that our holy Father Pope Pius the 5. would understand thus much and at my request now at last take notice of it I know not whether his immediate predecessour Sixtus the fourth ever heard of it but I am sure he tooke no order for it All this was spoken and published since the Councell of Trent and therefore so much the more remarkable CHAP. IV. Of the meanes which the Popes used to enrich themselves by and first of Taxes 1 NOw they served themselves of divers meanes and instruments to compasse these riches Doctor Espensaeus sets downe a list of the many trickes and devices of the Court and Chancery of Rome invented meerly for catching of mony where he puts in among the rest expectative graces or reversions howbeit this was after the Councell knowing very well that the reformation made in that regard did not binde the Pope Now saith he to omit Annates under what colour or pretence soever they be demanded which were condemned as Simony in the 21. Session of the Councell of Basil what shift can wee use to excuse from dishonest and filthy lucre those things which they call graces expectative secret reservations bestowing of Benefices upon the first commer uniting of many benefices to one Chappell Prebend or other Benefice mandates preventions propinations small or ordinary services conditionall resignations detaining of all the revenue in liew of pension and a number of such like things which were not heard of for a long time in the Church and which would bee strange newes to Peter and Paul if they should come into the world againe This is no more yet than what the latter of them foretold that they should buy and sell us with feigned words by reason of their covetousnesse such and so excessive are these abuses that not so much as their owne glossers but speake against them For the Commentator upon the rules of Innocent the eighth sometimes stiles the Chamber Apostolique the money-mother sometimes with Iugurtha in Salust he confesseth that all things are saleable at Rome sometimes he doth not conceale divers things either appointed or granted for the getting in of money by hook or crook according to what was observed by Ioannes Andreas iâ— cap. Sedes In Rescriptis And his holynesse great liberality in giving lead and taking gold which Mantuan speaks of is publiquely knowne even to children without any contradiction Si quid Roma dabit nugas dabit accipit aurum Verba dat heu Romae nunc sola pecunia regnat Hoc est Roma viris avibus quod noctua If Rome give ought 't is nought She takes your ware And gives you words Alas there 's none reignes there But Lady money now And as the Owle's To other birds so Rome to simple soules 2 This learned devine hath spoken much of these things yet withall hee hath omitted more as we shall also doe referring those that desire further information herein to the booke intitled Taxa Cancellaria Apostolicae printed at Paris by Toussaint Denis the yeere 1520. And yet this is nothing in comparison of the penitentiary tax printed with the same booke where every sin every crime how heynous so ever hath his price set so that to have a licence and impunity for sinning there needs no more but to be rich to have a pasport to Paradiseâ— both for a mans selfe and his misdeeds But that which might make Rome blush if there were any shame in her brow these pardons and indulgences are denyed to the poore and indigent who are not of meanes sufficient to raise these criminall and incestuous impositions It was not enough to exclude them indeed but they must specifie so much in downright termes for feare least some body might presume of some favour or exemption herein For in the second Tax marked B. under the title De rebus matrimonialibus it is said The dispensation for contracting within spirituall kindred g. LX. The same judgement serves for the scond degree for which the Datary must be compounded with for some great summe sometimes three hundred sometimes six hundred or otherwise according to the quality of the person And mark it well that such graces and dispensations as these are never granted to poore men 3 So that we live not in those dayes when it was more hard for a rich man to enter into the Kingdome of heaven than for a cable to goe through the eye of a needle for now the Kingdome of Heaven belongs to them and not to those beggarly creatures that have nothing but a staffe and a wallet Wee might here alledge many testimonies concerning this subject to evince this abuse but because it is too apparant wee will content our selves with setting downe the complaint which the same Espensaeus makes hereof after the Councell was done that so every man may perceive that those abuses were not taken order with but are now more frequent than ever they were 4 There is a booke publiquely set to every mans view saith hee which sels as well now as ever intitled Taxa Cancellaria Apostolicae which is prostitute and set out for gaine like a common whore whence more naughtines is learned than from all the Summists and summaries of all vices There is licence granted for many of them and absolution for all but only to such as will buy them I forbear the names for as one sayes they are very fearfull even the sound of them It is strange that in these times in this schisme that index and inventary of so many uncleane and abhominable villanies so infamous that I am confident there is not a more scandalous book in all Germany Suitzerland or any other place which hath separated from the Church of Rome was not suppressed Yea it is so farre from being suppressed by the Treasurers of the Church of Rome that the licences and impunities for those so many and such horrible crimes are renewed and for the most part confirmed by the faculties of the Legats which come from thence into these quarters with power to restore to their former estate all things that were utterly lost and so to legitimate all bastards whoresons and such as were begot by any unlawfull conjunction c. to allow people marriage with such as they had formerly committied adultery with to absolve
were true which the Pope alledged or no providing that in imitation of the Kings of Spaine the Clergy did not meet to determine such controversies elsewhere than in the Kings Court. On the other side he writ to Arteaga his Proctour at Rome to goe and greet the Pope with all reverence and offer unto him in his name not only the tenths of his Dioces but even all the commodity all the moveables of the Churches all the gold and silver coyned or uncoyned which could be found in the Priests coffers and the Chappels and Churches but that he should earnestly intreat him withall openly to declare his purpose and resolution concerning the preparation of the Holy Warre For he would never be a meanes to make the Spanish Clergy tributary whom hee had appeased having been already in some commotion without very just cause He injoyned his Proctour also to inquire diligently what was the determination of the Councell of Lateran concerning those tenths Arteaga having informed the Pope of these things together with Lawrence Putius and Iulius de Medicis Cardinals the Popes privado's they made him answer in this sort That the Pope had not as yet imposed any tenth upon the Clergy neither by authority of the Councell nor otherwise Nor would he impose any but in case of extremity and when his affaires did not only require but compell him so to doe according to the last Decree of the Councell of Lateran But he laid the blame upon Iohn Ruffus Archbishop of Cosenza the Popes Nuncio in Spaine who had as they said divulged these things very iudiscreetly Wherefore the Clergy of Spaine might sleep secure for ought that concerned the paying of tenths And there was besides a Bull of the Popes shewed to the Proctour which was shortly to bee published which concerned the Act of the Lateran Councell Yet Ximenius so soone as hee understood all these passages from Arteaga did not let for all that to call the Clergy together who met all at Madrid a little before hee went to Tourverte For Peter Martyr who was present at that Synod as Proctour of the Church of Granada as appeares by his epistles declares how that it was adjudged by common consent to deny that tenth which consultation was commended by the Archbishop of Toledo promising to patronize and defend it if need required It is also plaine out of the Epistles of Bembus set out under the name of Leo that this tenth was really exacted and that it was no flying rumour or opinion But as I thinke in Italy only or other of the Popes dominions CHAP. VI. Of other demandes concerning the abuses of the Court of Rome 1 COnsequently to what we have already delivered in the former Chapters concerning the greedinesse and insatiable desire of the Court of Rome we will set downe this certaine complaints and demands exhibited by the States of Germany in this behalfe The first whereof shall be against the proviso's and clauses made at Rome concerning all maner of benefices to the defeating of the Patrons both Ecclesiasticall and Lay of their right of advowson by divers subtle fetches And all this for the great wealth the Court of Rome gaines by this meanes and which is brought in thither out of all the Kingdomes and Provinces in Christendome This demand deserved to have beene well considered of yet it was not it is attended with many grievous complaints hereof made in divers ages The Statutes of our Kings speake throughly of it and amongst others that of Charles the eighth of the 18 of February 1406 the words whereof are these Some yeers agoe the Popes of Rome in despite and contempt of the Decrees of ancient Fathers and Generall Councels have brought all Ecclesiastical dignities Cathedral and Collegiate under their disposall and all others of greatest value next after Bishopriques they have granted livings in reversions upon the Vacancie to any that would sue for them which hath beene an occasion for one to thirst after the death of another They have invented abundance of tricks whereby they have utterly annihilated the power and authority of the Bishops Chapters and Colledges insomuch that there is none now that hath the power to present to a living 2 S. Bernard toucheth this abuse to the quick in his books De Consideratione which he dedicâ—tes to Pope Eugenius Never tell mee of the words of the Apostles who saith Being freeâ— I am made the servant of all The case is far otherwise with you for to my knowledge there come unto you from all parts of the world ambitious people covetous Symoniacall sacrilegious adulterous incestuous and such like monsters of men to obtaine or retaine Ecclesiasticall dignities by your Apostolique authoritie c. 3 The Bishop of Mende put up this abuse in the Councell of Vienna to bee reformed For after he had said that every Bishops jurisdiction ought to be preserved intire to himselfe he addes That Ecclesiasticall benefices which belong to the collation and disposall of Bishops are bestowed by the Sâ—e Apostolique and others even before they be void and that not only in the Court of Rome but out of it howbeit the Bishops must give an account of the cure and of those that execute them whose consciences they are utterly ignorant of in asmuch as they are none of their preferring He would never have demanded the reformation hereof unlesse the abuse had beene notorious 4 Marsilius of Padua his contemporaâ—y tels us as much The Bishops of Rome saith he reserve unto their owne power immediatly the bestowing almost of al Ecclesiastical Preferments yea even unto the meanest basest oâ—â—ices yea of such as may agree to meere Lay men for any thing that concernes Churches by meanes of which reservation they abrogate and make void all elections how legally soever they were made though of approved and sufficient men 5 The Cardinall of Cambray puts this also amongst those things which ought to be reformed in the Church It is further expedient saith he to provide against certaine grievances which are offered to other Prelates and Churches by the Church of Rome namely about bestowing of livings and election of dignities Nicholas de Clemangiis makes a very bitter complaint against it in his Book De ruina reparatione Ecclesiae where speaking of the Popes he saith They have arrogated unto themselves the right of disposing of all Churches in all places as farre as Christian Religion reacheth of all Bishopriques and dignities which are conferred by election voyding and disanulling the Decrees formerly made by the holy Fathers with so much care and commodity that so they may by this meanes fill their owne budgets the better And a little after But it may be peradventure that the Bishops of Rome tooke the creation of other Bishops and disposall of the highest dignities in the Church into their owne hands quite abolishing all elections to the end that by their providence the Churches might be the
and feed Mules than men 11 As for strangers preferred to benefices by the Popes there have been alwayes great exclamations by reason of the many evils inconveniences which follow of it which have beene divers times exhibited but to no purpose Marsilius of Padua urgeth this abuse and shewes that many are elected by the Popes who cannot communicate or talke with those who are committed to their charge Wherefore saith he speaking of Iohn the 22 let him answer Christ who against or after elections made or to be made among other monsters which he hath made and doth yet make hee hath created two Bishops his owne countrey men of Languedoc one of Silchester in England the other of Londes in Dacia over those people with whom they cannot have any conference by discourse As for their manners and learning it concernes not me to speake of them Let the Bishop of Rome tell mee say I how that shepheard shall call his own sheep by their name as knowing their conditions by their confessions and reproving them or how can the sheep follow him by hearing the voyce of his preaching and teaching 12 M. Iohn Gerson in his treatise De defectu virorum Ecclesiasticorum wherein he sets downe such things as ought to be reformed in the Church puts this That knowne men and such as are most fitting be elected out of the same Countrey that strangers in manners Language and education bee not sent and set over Churches King Charles the 7 in his Edict the tenth of May 1431 assures us that it is a law established by his Predecessours confirmed by the Ordinance of his deceased Father Charles the 6 intimated to the Councell of Constance and Pope Martin He further treats of the inconveniences and prejudices which follow upon it when they are admitted as that divine service is â—hereby neglected by reason of their non-residence that the Schooles of the Kingdome are unprovided of Students and left desolate that it is a hard case to see the noble and brave Scholars of the Realme unprovided and strangers preferred that by this meanes enemies and adversaries may bee acquainted with the secrets of State and the estate of the Land that strangers reape the profits and get the honours of it 13 Lewes the 11 in an Ordinance made 1464 speaks hereof in this sort Howbeit that by priviledges expresse and Ordinances royall no man can have any elective benefice within our said Kingdome unlesse he be a native and that for the safety of us and our said Kingdome and Dauphine it concernes us much that the Bishopriques Abbeys and other dignities and elective benefices be furnished with able and knowne men such as will comply with us and be firme and sure for us especially such as hold the said benefices and by reason of them divers places and fortresses for which divers duties and services belong unto us from them yet notwithstanding our late pious Father granted the said favours and patents so plentifully and to all manner of persons of what Nation Kingdome or Religion soever they were without distinction that many under shadow and pretence of these licences and patents have insinuated and intruded themselves into the said dignities and elective benefices of our said Kingdome and doe hold them howbeit many of them are strangers unknowne and not to be trusted by us and such as neither can nor ought to performe those duties and services which they are bound to doe unto us by reason of the said benefices 14 And the Court of Parliament in those Remonstrances which they made unto him amongst other inconveniences which they urged would follow upon the abrogation of the Pragmatique Sanction say By this meanes strangers would be prâ—ferred by the Pope and not the natives of the Countrey wherein the benefices lye not of the same qualities and conditions with the Countrey Whereupon would insue questions and controversies betwixt the Churchmen or Seculars to the great hindrance of the salvation of soules and irreverence of the blessed Sacraments 15 Henry the 3 in the fourth Article of the Ordinance of Blois We meanâ— not that from henceforth any shall be preferred to any Archbishopriques Bishopriques Abbeys or to be Generals of Orders neither by death resignation nor otherwise unlesse he be a naturall Frenchman notwithstanding any dispensation or clause derogatory to these presents which they can obtaine from us whereto we will not have any regard to be had The deputies of Paul the 3 touched upon this string in their reformation That no benefices say they in England or Spaine be conferred upon any Italian nor on the contrary Which ought to bee observed aswell in Presentations upon vacancy by death as by resignations wherein regard is only had to the pleasure of the resigner and nothing else Their Counsell did no great good for there was nothing done in the point for all that CHAP. VII Of suits commenced at Rome and of the entrenching upon other Courts of Iustice and jurisdictions GERMANY complained also of suits commenced at Rome concerning benefices which is a very usuall ancient complaint backed with sound reasons seeing that from hence comes the squeazing of Provinces both of their men and money and abundance of other evils and calamities Charles the 6 in the Ordinance of the 18 of February 1406 They insert divers clauses in thâ—ir Buls which are sometimes inextricable they make divers rules beside the law or else quite against law which they revoke at their pleasure insomuch that the most clear-sighted cannot discerne who hath best right amongst divers pretenders Hence arise infinite suits in law which they must goe and prosecute out of the Kingdome with great expence and charges 2 Charles the 7 in the Ordinance made 1422 Divers of our subjects and others by virtue of resignations or Apostolique Buls doe take and receive and endevour to get and obtaine benefices within this Realme and take possession of them and labour to summon or cause to bee summoned our â—â—ige subjects unto the Court of Rome or before some Commissioners or Delegates appointed by our Holy Father which is downright to oppose the rights and liberties of the Church and Clergy Lewes the 11 in an Ordinance of the 16 of August 1471 The most of the benefices in our Kingdome are in suit in the prosecution of which suits a huge masse of money is strangely spent and squandered away nor is it certainly knowne to whom the livings doe of right appertaine or belong Whereupon divine service instruction of the people and administration of the blessed Sacraments are oft-times left off and the revenue of the livings whiâ—h should have beene bestowed upon the reparations of the Churches there is imployed in charges of Law and suits Whereupon some great mischiefs and inconveniences have and doe daily come to passe 3 Nicholas de Clemangiis in his booke De ruinis reparatione Ecclesiâ— after he hath spoken of the Canons and constitutions
faculties as appeares by the passage which we have urged elsewhere speaking of the penitentiary taxes of the Church of Rome 19 This power was never more than imaginary in France for Legates were never permitted to exercise this faculty there as being contrary to the Lawes of the Land and indeed heark what the Collection of the liberties of the Gallican Church saith concerning this point The Pope cannot legitimate bastards and illegitimate persons so as to make them capable of succeeding or being succeeded by others nor to beare office and purchase temporall estates in this Kingdome 20 Many other abuses might be here alledged which are committed in these faculties as they call them that in particular which is so ordinary that it can never be forgotten To derogate from all Decrees of Councels and dispense with them or as others terme it to put a dorre or obstacle before the Councell and other Constitutions derogatory to them Of which abuse Gerson speakes thus It is not lawfull for the Pope to make so much adoe about these obstats which are ordain'd in Generall Councels Cardinall Cusan in his booke De Concordiâ Catholicâ makes a large Chapter of this But we should have enough to doe if we would seeke out all the abuses and usurpations of the Court of Rome CHAP. IX Of the Popes usurpation of Lordships and Kingdomes 1 THey have laboured hard to usurpe Lordships Kingdomes and Empires insomuch that they quite forgot the care of Spirituals Two maine causes have moved them hereunto Avarice and Ambition We shall here prosecute onely so much as concernes the first or at least as belongs jointly to both Marsilius of Padua Not content with those Temporalls which were bestowed upon them by Princes by reason of their insatiable appetite they have seized upon many temporall things that of right belong to the Empire as the Cities of Romandiola Ferrara and Bononia with divers other possessions and many lands and Lordships then especially when the Empire was vacant 2 Langius reporteth a passage out of the Chronicles of Engelbert Westerâ—itz a Clerke of Brandenburg where as much is said of the City of Rome The keyes whereof saith he were presented by the Citizens to Innocent the seventh with branches of Palme trees and the temporall dominion thereof granted unto him but with little equity and commendation forasmuch as the abundance of temporall things are no little impediment to spirituall and the Pope who is Saint Peters successor ought not to take this dangerous temporall dominion upon him for we never reade that in former times even after the donation of Constantine in which our curious Canonists doe greatly hugge themselves that any Pope did administer the temporall dominion of the City of Rome but in these latter daies and within our memorie some Popes have ventur'd to meddle with it thereby heaping upon themselves both cares and troubles howbeit from all antiquity Rome was ever the royall and imperiall City else he that should be lawfully preferred to the Empire by the Electors deputed whosoever he were should be vainly and idlely called the King of the Romanes as commonly hee is by the ancient Historians 3 There is nothing here but very true and yet our Popes beside the donation of Constantine have forged us another made by Lewes the Gentle who bestowed upon them the City of Rome in expresse termes howbeit the ancient Historians speake not a word of it and it is plaine they never enioyed that right till within this little while to wit after the time of Boniface the ninth who being intreated by the Romanâ—s to remove his seat from Avinion to Rome for the great gaines which they presaged they should reape by the approching yeere of Iubilee he being arrived there seized upon the Cittadell of the Castle of S. Angelo and made himselfe master and commander of the City for him and his successors But let us heare the testimonie of Guicciardine concerning this 4 Being returned to Rome upon these conditions while the Romanes were busie about the gaines that yeere 1400 the Pope having got the command of the City fortified the Castle of St. Angelo and bestowed a garrison in it whose successors till Eugenius although they were troubled with divers difficulties yet having fully established their government for the future the succeeding Popes have ruled the roast at Rome at their pleasure without any contradiction 5 But we shall speake more at large of such usurpations as these hereafter we will onely observe that the Popes were ever so crafty in the managing of Empires and Kingdomes under the pretence of spiritualty as to pick out something alwaies for their owne advantage So Boniface to take up the quarrell which was betwixt the King of England and Scotland whom the other King pretended to be his vassall came in play as to assist the Scotch Affirming how that Kingdome belong'd of right to the Church of Rome and that it was in his power onely to give it or take it from whom he pleased which he affirmed so as that hee would needs bee the Iudge himselfe but hee met with a people that would not beleeve him 6 A certaine King of Poland called Casimire being turned Monke and enâ—red into the Abbey of Cluny in France was dispensed with for his vow by Pope Bennet at the request of the Polanders repenting themselves of their fault so as he had licence both to reigne and to marry but for the pot of wine It was ordained by the Pope that the Polanders should pay a yeerly pension to S. Peters Church in Rome for maintaining of candles which is called in Polonish Snatro Petre that is S. Peters Saint 7 Charles of Anjou brother to S. Lewes the King was by Clement the 4 who prosecuted the designe of his predecessour Vrban the 4 Declared King of Ierusalem and Sicily with this condition that he should pay fourty thousand crowns yeerly to the Church of Rome by way of fee. Wherein two usurpations are remarkableâ— one in the manner of the fee which Peter Anaclete the anti-Pope had formerly laid upon Sicily the other in the tribute which Clement the fourth added de â—ovo 8 But there is nothing so memorable as the usurping upon the Kingdome of England where excommunication was openly profaned King Iohn of England being at enmity with the Lords of the Land by reason of certaine injuries pretended to be done unto them by him was excommunicated by Innocent the third the yeere 1513. This excommunication was carried from Rome by Stephen Archbishop of Canterbury William Bishop of London and Peter Bishop of Ely who thundred it out in France where that King had then certaine Earledomes and Dukâ—domeâ— after they had acquainted King Philip Augustus with the whole businesse Whom those Bishops commanded as also all others for the remission of their sinnes that invading England in hostile manner they should depose King Iohn from his crowne
who hath said to a King Apostate and made an Hypocrite to reigne for the sinnes of the world teach the people that they owe no obedience to bad Kings no alleageance though they have taken an oath to performe it that those who take part against their King cannot be called perjured but rather he that will obey the King must be accounted excommunicate but hee that will be against him absolved from injustice and perjury 28 Hee that writ the Booke De unitate Ecelesiae observanda in the time of the same Henry the 4 which is supposed to be Venericus Vercellensis refuting the motives and reasons of Gregory the 7 saith As for that which he addes it seemes wondrous strange that any religious Bishop of Rome should undertake to absove any man from his oath of allegeance Not long after hee addes See how the Catholique Church defendeth every thing which is not reproveable and therefore shee defendeth both Zachary and Stephen Popes of Rome for the merit of their religion and piety none of which as we very well know absolved the French from their oath of allegeance which they had sworne to their King as Pope Hildebrand giveth out in writing that so by this president hee may cozen the Peeres of the Realme as if he could absolve them from their oath of allegeance which they have sworne unto their King in the Name of God intending by that meanes to depose him and strip him of his Kingdome Which being divers times attempted within these fourteen yeeres last past and above did never yet take effect for all that 29 Afterwards he relates the story of Pepins coronation and there concludes Marke now the order how things were carried and observe if any of the Popes of Rome ever deposed the King of France out of his Realme as Pope Hildebrand writes and absolved the French from the oath of allegeance which they had taken unto him which oath as hath beene formerly proved by the testimonies of holy Scripture no man can dissolve without making the party absolved a lyer and perjured and damning of the absolver 30 The Clergy of Leige in their Apology against Pope Paschal the second speaking of the absolution of the oath of allegeance which he had granted against the same Henry the 4 Who can justly blame a Bishop for favouring his Lords party to whom hee oweth allegeance and hath promised it by oath No man doubts but perjury is a grievous offence God only sweareth and repenteth not because wisedome keeps the Commandements of Gods oath But for us who often repent that wee have sworne wee are â—orbidden to sweare If man sweare God injoynes him to performe his oath unto the Lord. Which is not unknowne to those that rend the Kingdome and the Priesthood by a new schisme and with their upstart traditions as some would have it promise to absolve from all sinne such as incurre the crime of perjurie towards their King Never regarding what God said to Zedekias by the mouth of Ezekiel who had committed perjury against his King Nebuchadonosor Hee that hath broken the Covenant shall hee escape Which St. Ierom expoundeth thus Hence wee may learne that we ought to keepe touch even with our enemies and not consider to whom but by whom we have sworne 31 Gregory of Heymburg in a tract of his With what conscience saith hee dare any Priest even the Pope himselfe undertake to absolve the Liege subjects of the Empire from their oath of allegeance and obedience to which Christ and his Apostles doe binde every one especially so long as the piety of faith is preserved entire And if the Pope may dispence by his oligarchicall law yet hee cannot so by the divine law without imputation of errour 32 Marsilius of Padua in his Treatise Of the translation of the Empire speaking of Gregory the 13 who made all Apulia Italy and Spaine revolt from their obedience to the Emperour Leo and made them deny to pay him tributes and subsidies by reason of a controversie about Images which was then betwixt them saith thus For this reason the said Gregory undertooke to excommunicate the said Leo and perswaded all Apulia Italy and Spaine to withdraw themselves from his obedience and as much as in him lay put it in execution howbeit without any great right Hee also in solemne manner forbade him to receive any subsidies By what authority I know not but I wot well by what temerity 33 Divers Doctours and learned men both in divinity and in either law have in their writings in sundry ages opposed this usurpation of Rome and proved by sound reasons that the Pope hath no temporall sword that it is in the power of Princes and other Magistrates that hee hath no Secular power or jurisdiction over Kings and Princes nor over their Empires and Kingdomes which depend upon God not upon him that consequently hee cannot take them from them to bestow them upon another nor absolve their subjects from the oath of allegeance These witnesses have withstood the Pope as stoutly by their pens at Kings and Emperours by their swords yea so farre forth that their armour had beene but very weake if they had not beene tempered in these writings as some Historians doe assure us And thence it is that the Popes many times have darted out their thunder-bolts against them and their works Which our Councell of Trent hath used to doe and which our Popes doe put in execution daily according to the commission granted them by iâ— stuffing their Index Expurgatorius with their names I should bee troublesome if I should here quote their aâ—thorities and much more if I should set downe their reasons I will content my selfe with citing some few in the margent besides those whom I have already alledged to whom any man may have recourse CHAP. XIII The conclusion of all that went before 1 NOw to make an end of this Treatise wee will here set downe the antithesis of Gregory Haymburg which suits very well with the former discourse 1 CHRIST rejected the Kingdome of this world His Vicar canvaseth for it 2 CHRIST refused a Kingdome when it was offered him His Vicar will needs have one which is denied him 3 CHRIST refused to bee made a Secular Iudge His Vicar takes upon him to judge the Emperour 4 CHRIST submitted himselfe to the Emperours deputy His Vicar preferres himselfe before the Emperour himselfe yea before all the world 5 CHRIST reproved those who desired primacy His Vicar wrangles for it against all the Church 6 CHRIST upon Palmesunday was mounted upon an Asse His Vicar is not content with a stately Cavalierie unlesse the Emperour hold his right stirrop 7 CHRIST united the disagreeing Iewes and all other Nations in one Ecclesiasticall Kingdome His Vicar hath oftentimeâ— raised seditions amongst the Germans when they were at unity 8 CHRIST though innocent endured injuries patiently His Vicar though nocent ceaseth not to doe injuries to the
State Hee that is curious to see this prophecie may finde it amongst the vulgar revelations Now that the Kings of France now reigning are descended from Charles the Great the Popes themselves confesse as Innocent the 3 who after hee had made mention of Charlemaigne hee addeth Of whose race this King viz. Philip Augustus is descended and by consequence all the rest of Hugh Capets line Whether this prophecie be true or no I referre my selfe to other mens judgements I will only say that it seemes this reformation is destined to come from France considering that in the greatest distempers of the Church our Kings have ever put to their hands with the formost that they have ever either wrought or procured a reformation That they have been instigated and exhorted so to doe by the words and writings of the learned men of their times as wee shall elsewhere observe That they have preserved the libertiâ—s of the Church within their Kingdome more than any besides That at this instant all men of understanding cast their eyes upon them as they who must be the restorers of the Church and which have more ability to do it now than ever When God hath appointed it to bee done hee will touch their hearts CHAP. XIV Of Cardinals 1 AFter wee have done with the Pope wee will speake a word of the Cardinals The Emperour Ferdinand desired they might bee reduced to a smaller number the Councell hath determineâ— nothing about it and yet nothing could be more justly demanded that great company stands in great charges they have need of many incomes to maintaine them Hence mainely doe proceed an infinite company of abuses raigning now adayes which the Pope must dispense with to ease his coffers of so much for there is no good reason hee should create such great Lords as they are to starve them for want of sustenance Besides the publique must ever be sensible of it Christian Princes and their Kingdomes must pay deare for their folly though they bee hardly able and all must light upon their shoulders 2 This is not the first time this reformation hath beene demanded it is above an hundred and seventy yeers agoe since one of their own order complained of it namely the reverend Cardinall of Cambray in his booke De reformatione Ecclesiae for amongst other wayes which hee proposeth for the lessening of those monstrons exactions which were made in his dayes in the Court of Rome hee puts this for one The diminution of the number of Câ—rdinals that so their multitude may not bee so great and burdensome as it hath hitherto beene That it may not be objected to the Court of Rome Thou hast multiplied thy people but thou hast not growne greater it would be expedient to take an order for the meanes of Cardinals and other Clergy-men so as it may not be lawfull for them to enjoy that prodigious and scandalous plurality of benefices of which abuse the ancient Sages have complained and amongst them William Bishop of Paris 3 It will not bee amisse to set downe also the complaint of a French man of our own Nicholas de Clemangiis in his tract De ruind reparatione Ecclesiae who after he hath exclaimed against their pride and vaine-glory But omitting their vanity saith hee who can sufficiently expresse the infinite and insatiable hunger of their covetousnesse First of all what greedinesse is this to hold such a number of repugnant and incompatible benefices They are Monkes and Canons Regulars and Seculars Vnder the same habite they enjoy the rights degrees offices and benefices of all religions of all Orders of all professions not two or three but ten twenty an hundred two hundred yea sometimes foure hundred even to five hundred and upwards And those no petty ones nor contemptible hut of the fattest and best and how great a number soever they have of them they are never content but would still have more They are daily suing for new graces new grants Thus they catch up all the vacancies and goe away with all Hee speakes yet more of this point but this must suffice for the present 4 See then a reason of great consequence for the lessening of their number and indeed it was one of the petitions which were put up at the Councell of Constance by all the Nations of Christendome and and which was set in the fore-front Of the number quality and Countrey of the Lords Cardinals 5 Vpon which Pope Martin tooke time to deliberate just so have his successours done ever hithertowards and for our Fathers of Trent it never troubles them A REVIEW OF THE COVNCELL OF TRENT BOOKE III. CHAP. I. Of the calling of Councels WEE come now to the grievances which are found in the Decrees of this Councell for as for the Canons wee meddle not with them and observe in the first place that whereas former Councels at least such as were free and lawfully called have alwayes cowed the Popes power when it swelled into an excessive greatnesse this hath run quite counter to the râ—st ascribing unto him a power truly soveraigne For the Pope now adayes hath absolute authority over all things in the Christian world The power both in temporals and spirituals is given unto him not only over Kings and Emperours but over Councels also So that when he shall please to wrong any man there is no meanes left to resist him Wee shall make this appeare so plaine that there shall bee no occasion of further doubting by setting downe here all the Decrees of the Councell which concerne this point 2 First it is to bee observed that Pope Iulius the 3 in his Bull December the 15 1551 ingrosseth to himselfe the sole right and authority of calling Councels Wee saith hee to whom it belongs as being now Pâ—pâ— to signifie and direct Generall Councels This is the Bull wherein he signified the continuation of the Councell of Trent which is inserted amongst the Acts â—f it 3 But this is not all yet for after hee hath declared that he will bee president in the Councell for the further manifestation of his high and soveraigne power hee addes Ordaining neverthelesse that whatsoever any man by what authority soever shall attempt to the contrary whether he know of this or not shall be void and of no effect Wherefore it shall not be lawfull for any man in the world to breake or infringe this present Act of our advice pleasure innovation and decrees or out of an audacious rashnesse to contradict it All these brags and bravado's were approved by the Fathers of that Councell inasmuch as the Councell which had kept Holiday for full foure yeers and beene adjourned to Bononia by Paul the 3 was brought backe againe to Trent by virtue of this Bull so that the Bishops there obeyed the Pope sans contradiction 4 So then hee challengeth the power of Convocation exclusively to all others wherein he is avowed by the Councell nay it is the
himselfe So that St. Hierome ought to have used another phrase when hee said in his Apology against Ruffine Tell mee by what Emperours command that Synod was called Hee who was a Clergy-man should rather have said Tell mee what Pope consented to the Synod For our Sophisters hold that the Popes authority is the soveraign plaister which salves all and that it is no matter who call them so that his authority come in any way either in the beginning the middle or the end But what will they say when wee shall make it appeare that the Popes themselves became supplicants to the Emperours to intreat them to call Councels That they became the Emperours servants in calling them at their command That they were summoned unto Councels as well as other Bishops Yea that the Emperours have holden Councels sometimes without them sometimes against them It is necessary that wee treat a little at large of all these Articles to take away all meanes of shifting and evasions from such as will not yeeld to reason CHAP. III. That the Popes have beene suiters to the Emperours to get leave of them for the holding of Councels WE descend to the proofe of this point not without good reason considering that some have ventred so farre as to affirme that the Emperours called Councels onely by commission from the Popes Alledging to this effect a misconceived passage out of the epistle sent by the first Councell of Constantinople to the Councell at Rome which wee have expounded in the first chapter of this third Booke Wee therefore maintaine this assertion to be so farre from truth that on the contrary the Popes have become humble suiters to the Emperours to desire of them that they would call Councels 2 Pope Liberius upon the instance made unto him by Constantius an Arrian Emperour to abandon Athanasius considering how hee stood condemned for a heretique by a Synod makes this reply That in proceeding to Ecclesiasticall censuâ—es great â—quity ought to bee used and therefore if it please your Holynesse command that an assembly be called to sit upon him to the end that if he be to be condemnedâ— sentence may passe upon him in manner and forme Ecclesiasticall By which words hee meanes nothing else but the calling of a lawfull Councel Which may bee collected from the sequell of that discourse betwixt Constantius and Liberius about the Councell of Tyre wherein Athanasius had beene condemned As also from that which Ruffin delivers concerning this particular in the sixteenth chapter of his Ecclesiasticall History 3 Pope Celestine with his fellow Patriarchs were petitioners to Theodosius the Emperour for the Councell of Ephesus These things were no sooner known to the other Patriarchs saith Zonaras speaking of Nestorius Patriarch of Constantinople but Celestine Pope of Rome Cyrill Patriarch of Alexandria Iohn of Antioch and Iuvenal of Ierusalem opened the cause to the Emperour Theodosius and Pulcheria the Empresse humbly entreating them to cause the opinions of Nestorius to bee examined in a Councell 4 Sozomen reports in his eighth booke and 28 Chapter how Pope Innocent sent five Bishops and two Priests to the Emperours Honorius and Arcadius to entreat a Synod of them together with the time and place for the calling of it 5 Pope Leo together with the whole Synod assembled at Rome earnestly entreats the Emperour Theodosius in his 23 Epistle that hee would command a Generall Councell to bee holden in Italy Hee repeats the same request to the same Emperour in his thirty first Epistle and withall makes use of the favour of the Empresse Pulcheria in his twenty fourth Epistle As also of the Empresse Eudoxia as appears by her letter to the Emperour and his answere which are recorded in the Acts of the Councell of Chalcedon and further confirmed by the testimony of Zonaras 6 Pope Gregory exhorts one of our Kings to command a Councell to bee called for the punishing of the vices and abuses of the Clergy within his Realme Wee are urgent upon you by our second exhortation that for the reward which you shall thence reape you would command a Synod to bee assembled and as we have long since writ unto you cause the corporall vices of the Priests and the foule heresie of Simony to bee condemned by the joynt sentence of all the Bishops and to bee utterly rooted out of all the confines of your dominions This passage is the more remarkable in as much as it is put into the Canon by some of those that collected the Canons and Decrees of the ancient Fathers and also this his request is often repeated in his several Epistles to King Theodoric King Theodebert and Queene Brunechilde 7 Nor did the Popes herein any thing but what was the common practice of other Bishops who when just occasion was offered became supplicants to their Princes for the keeping of Councels Athanasius reports how himselfe and some others finding themselves aggrieved by the Arrians petitioned the Emperour Constans for the calling of a Councell and how upon their intreatie it was called at Sardis whither the Bishops repaired from above five and thirty Provinces The list of whose names you may finde in Theodoret. 8 The Arrian Bishops prevailed with the Emperour Constuntius for the calling a Councell at Milan They perswaded him saith Theodoret to call a Councell at Milan a City of Italy and compell all the Bishops to subscribe to the abdication of the injust judges of Tyre and to set out a new Creed and cast Athanasius out of the Church Thither the Bishops came in obedience to the Emperours royall command Eusebius with his partisans that were of the same sect desired the Emperour to have it at Antioch who by the cunning of the Arrians was wrought at last to proclaime two Councels one at Seleucia for those of the East and another at Ariminum for them of the Western Church 9 Besidesâ— that at other times also they called Councels by virtue of the Emperours authority is plaine from that passage of the letter which was sent by the Generall Councell at Constantinople to Pope Damasus and the Synod at Rome where they mention how the Pope and his Councel had convoked the Easterne Bishops by virtue of a commission granted by the Emperour Theodosius But say they whereas youâ— proceeding to the holding of a Councell at Rome have out of your brotherly charity summoned us thither by virtue of the Emperours letters as your fellow members c. So then we are already at a great deale of oddes with those people that put the Cart before the horse CHAP. IV. That the Popes have beene summoned to Councels by the Emperours as well as other Bishops 1 EMperours when they intended to call Councels were wont to write unto all the Bishops that they should make their appearance at such places as they appointed but more especially to the Patriarchs and Metropolitans Thus much wee
over General and Oecumenical Councels they stickle for it over others also Pope Symmachus tels us â—o very roundly The Councels of Priestâ— which by the Ecclesiasticall Canons ought to bee holden every yeere through the Provinces have lost their force and power inasmuch as the Pope is no longer present with them It is true indeed that Gregory the thirteenth when hee purged Gratians Decrets puts those words upon Damasus's adversaries and to helpe them for a shift the ensuing words upon him Silly fooles that you are did you ever read of ought that was determined in them but by appointment from the See Apostolique and without having constant recourse to that See to consult when any matter of importance was in hand 3 Yet still this makes the validity of these Councels to depend upon the Popes authority And Pope Gelasius is in the same tune saying That it is not lawfull to assemble any particular Councell nor was it ever permitted so to doe but when any question was to bee resolved either touching some doubtfull passages in Generall Councels or touching salvation recourse was wont to bee had unto the See Apostolique The severall Acts of Councels both Provinciall nationall and Generall holden in divers Countries may easily convince these domestique testimonies of falsity in asmuch as it is plainly evident from them that those Councels were holden without the presence authority or consent of the Popes and yet withall they made some Canons whereof the Popes afterwards served themselves and were well content they should be enrolled in their books 4 Wee have also divers presidents of sundry Councels holden against the the Popes as that of Rome called by Otho the Emperour against Pope Iohn the 12 about the yeer 956 Another called about 1040 by the Emperour Henry the 3 against the Popes Bennet the 9 Sylvester the 3 and Gregory the 6. That at Sutoy a town in Tuscany called by Henry the 4 Emperour against Bennet the 10 ann 1058 That at Brixine called by the same Emperour against Gregory the 7. about the yeere 1083 As also the first and second at Pisa the one against Gregory the 12 and Bennet the 13 the other against Iulius the second There is not one of all these which was either called or consented unto by them at first and I am much deceived if ever they were confirmed by them after CHAP. VI. That notwithstanding all these authorities the Popes doe arrogate unto themselves the power of calling Councels and how long it is since they usurped it 1 IT is not without good reason that wee have produced so many passages to prove by the testimony of all antiquity that the right of calling Councels belongs to the Emperours and not to the Popes and that their consent or advise was never required thereunto considering that if wee give ear to them there is no man how great soever hee bee in place that may interpose himselfe in this businesse but themselves And if wee must stand to their words it is a judged case Observe I pray you how they speake of it The power of calling Generall Councels saith Pelagius the second was by speciall priviledge devolved upon the See Apostolique by Saint Peter And Leo the first that so belaboured the Emperours Theodosius Valentinian and Marcian to obtaine leave of them that a Generall Councell might be called saith in a certaine epistle of his directed to a Spanish Bishop Wee have sent out our letters to our brother-Bishops and summoned them to a Generall Councell Sixtus the third saith Valentinian the Emperour hath called a Councel by authority from us So Pope Marcellus and Iulius the first affirme That Councels cannot bee holden without the authority of the See of Rome 2 As for Pelagius wee must tell him by his good leave that it is not true which hee saith and desire him to answer all the fore-cited authorities And for Pope Leo if the will may passe for the deed it was hee that called the Councell indeed for I doubt not but hee was as greedy of arrogating this to himselfe as the presidency for which hee was at daggers drawing with Dioscorus who as hee said had cozened him of it underhand But it may be hee goes not so farre as some would beare us in hand for he meanes onely of a Generall Councell of all the Bishops of Spaine but not of all Christendome The entire passage which is mangled and cited by Bellarmine is as wee have formerly alledged it conceived in these termes Wee have sent out our letters to our brethren and fellow-Bishops of Tarraco Carthagena Portugall and Gallicia and have summoned them to a Generall Councell And it seemes he much distrusted his owne power for hee addes But if any thing hinder the celebration of a Generall Councell which God forbid yet at least let the Clergy of Gallicia assemble themselves Now he that should grant the Pope this power of calling a Councell of the Bishops of Spaine should give him onely the authority of a Patriarch in the West but not in Africk nor in the East So that there is nothing gotten by this place for the calling of Generall Councels and for others we shall speak of them anon 3 Now for Sixtus we will demurre upon an answer for him till such time as he hath proved unto us that the Emperour called that Councell which hee speaks of by authority from him And for the saying of Marâ—â—llus and Iulius it is capable of a tolerable construction for they speake not of the calling but of the holding of Councels 'T is true indeed that for the holding of them they take too much upon them by the word Authority they should have used another terme for that is too imperious to expresse what they intend For all the authority they pretend to comes but to this That a Generall Councell cannot be holden unlesse they be called to it Which we grant to be true And this is the meaning of that old Ecclesiasticall Canon mentioned by some authours Which forbids the making of Decrees in the Church or as Bellarmine expounds it the celebration of Councels without the opinion and advise of the Bishops of Rome The application which Pope Iulius the first makes of it clearly proves as much when hee complaines that hee was not called to the Councell of Antioch where Athanasius was condemned charging them for that with the breach of that Canon Iulius saith Socrates in his letters to the Bishops of the Councell of Antioch tels them they had offended against the Canons of the Church in that they called not him to the Councell Forasmuch as the Ecclesiasticall Canon forbids the making of any Decrees in the Church without the opinion and advise of the Bishop of Rome 4 And Sozomen saith Iulius writ to the Bishops which were assembled at Antioch accusing them for seeking after novelties contrary to the faith and beliefe of the Nicene Councell and contrary to the lawes
that against all equity hee extorted this Presidence from the Emperour and he therupon urgeth the authorities of Zonaras and Evagrius But by his Graces leave hee imposeth upon them both For see what the former saith Eutyches went to seeke Chrysaphius the Eunuch whom hee had brought over to his side and led him in a string who being in great credit with the Emperour obtained of him that Dioscorus who governed the Church of Alexandria after the death of Cyril might bee called to Ephesus with other Bishops and the opinion of Eutyches there examined The other in his first booke and tenth Chapter saith Dioscorus who succeeded in the Bishoprique of Alexandria after the death of Cyril was appointed President of the Councel For to kindle more hatred against Flavianus Chrysaphius the governour of the Palace had laid this plot very politiquely These authours in their discourses blame the carriage of the businesse and the plot which was laid for the approbation of Eutyches his doctrine and the condemnation of Flavianuâ— but they never say nor ever meant to say that the Emperor was to blame in taking of the Presidence from the Pope and conferring it upon another It may bee said furthermore that Pope Leo rejected this Councell but it was because of the unlawfull proceedings of it just as wee condemne this of Trent But for the calling of it that was so far from being unlawfull that the Pope himselfe had his Legats there 7 The Emperour Martian did preside at the Generall Councell of Chalcedon both at the beginning and the sixt Action thereof and at the opening of it hee made an oration himselfe to the Congregation as Constantine the Great had done at that of Nice wherein amongst other things he forbid them to dispute of the nativity of our Lord and Saviour IESUS CHRIST otherwise then according to the determination of the Councell of Nice And that Because saith hee we will assist at the Councell for confirmation of the faith not for ostentation of our virtue Which words Bellarmin hath made a nose of wax affirming that the Emperour doth therby protest he would not assist there as a Iudge And passing from better to worse hee further addes that in the suâ—ceding actions there were indeed some secular Iudges that presided in the Emperours name but it was only to see there were no tumult or disorder and not as Iudges of faith If the Acts of that Councell were locked up in the Archives at Rome as many other monuments are then wee might hold our peace But being exposed to the view of all the world I am constrained to say that this is to deal too saucily with the truth It is plaine from those Acts that seven Oâ—ficers of the Empire and eleven Senatours were not only Presidents but which is more Iudges of all controversies which were handled and determined there They put interrogatories both to one and other they pressed arguments against such as held any erroneous opinions they threatned to condemne them they told Pope Leo's Legats when they desired that Dioscorus Patriarch of Alexandria might be cast out of the Councell that if they would become his accusers they must depose the person of Iudges they commanded that such Acts should bee read as were exhibited to the Synod they caused men to give their suffrages they pronounced the sentence In briefe as oâ—t as the Popes Legates are named in the Councell of Trent so oft and oftner are these Iudges and Senatours mentioned in that of Chalcedon Shall wee now then averre with confidence that they were not Iudges What doe they meane then who ascribe the Presidence and judgement in this Councell to the Popes Legates They sit in the highest place so they say they speake the first they subscribed the first they pronounced the sentence against Dioscorus Bishop of Alexandria in the name of the Pope and the whole Councell Here is enough to pierce to the quicke here 's an ergo well shod with frost-nailes But let us take one piece after another 8 They sit in the first place Yes after the Iudges and Senatours and they sit not as Presidents but as deputies for the chiefe Primate or Patriarch They speak first Yes at the beginning when they exhiâ—ite a libell against Dioscorus and when the Iudges and Senatours told them that seeing they made themselves parties against him they could not assist at the judgement and at the end too when they put up a complaint against the whole Councell for giving the Patriarch of Constantinople the next degree of honour after him of Rome for setting bounds and limits to either of them As also in the third Action whereof wee shall speake anon They subscribe the formost Yes in the same third Action but not elsewhere They pronounce the sentence against Dioscorus This is it that presseth hardest But hearken to the answer Of all the Actions of that Councell which are sixteen in number there were two at which the Emperour himself was President thirteen at which the â—udges and Senatours whom the Emperour had deputed and one wherein one of the Popes Legats presided Observe how that came to passe There was neither Iudge nor Senatour present in that Action whereupon when there was a controversie about speaking Paschasin the Popes primier Legat gave the company to understand that hee had commission from his master to preside in that assembly for saith he Hee hath commanded our â—â—annesse to preside in the Councell in his stead and therefore it is necessary that what ever be proposed it bee determined by our interlocution Hee never durst speake of this presidency in any manner so long as the Emperour or his officers were there In the ensuing Actions hee never proceeded to any act of a President 9 All this makes against the Pope for from hence wee conclude that where the Emperour or his Officers are there the Pope nor his Legates have no right to preside In case they be absent it stands with good reason that some one of them that are of prime ranke and quality manage the affaires or else that they proceed in this case by election Which they would never condescend unto so much as for one day and yet it is an ordinary thing in all societies Now for priority of honour and dignity there is no question but it belonged to the Bishop of Romeâ— as being Patriarch of the chiefe citie in the Empire This is evident from the very Acts of this Councell of Chalcedon in the sixteenth Session whereof they say The Fathers have granted certaine priviledges and prerogatives to the See of old Rome because it is the imperiall citie Nor did the Pope dispute this title of presidence against the Emperour and his officers but only against the other Archbishops and Bishops For behold the very clause inserted in his instructions to his Legats By all meanes preserve the dignity of our person considering that wee send you in our place and stead And
in the 18 of St. Matthews Gospel Tell it unto the Church Where as it is collected from that which follows is signified the power of jurisdiction given to the Church Synodically assembled And there are many good writings upon that subject and divers â—estimonies of Scripture whereby that truth of the Councels of Constance and Basil is confirmed There have been infinite books and treatises writ of it already The second part is cleare inasmuch as the sonne the servant the Scholar is bound to obey his mother his maistâ—r his schoolmaister but the Church is the mother the mistresse and the pedagogue of all the faithful in Christ of which number the Pope is one though he be the eldest sonne and the chief servant styling himself not in a feigned humility but in a Catholique verity Christs Servants Servant and the principall among all the other disciples of the faith So then he is set as the rectour pastour and Doctour of the rest of the faithfull of Christ in Christs corporall absence who is alwayes mystically and spiritually present and by Christ the spouse of the Church the father lord and maister of the faithfull by the authority of Christ and of the Church his wife and Spouse which is another new Eve sacramentally taken out of the side of the new Adam sleeping upon the crosse and joyned in marâ—iage with him as th'Apostle witnesseth This is a great sacrament betwixt Christ and the Church not betwixt Christ and the Pope Whence it is easie to shew that the Church Synodically assembled is a judiciall consistory and supreme over all the faithfull of Christ. And from hence also the third part of the conclusion is evident inasmuch as no party can transferre or dissolve the Iudges Seat at his pleasure For if the Pope had this power he should bee above not under the Church using not a mere borrowed power of the Apostolique keyes but an absolute free Princedome a jurisdiction belonging to himselfe And hee should not bee only the Pastour and steward over the sheep and lambes of Christ but the King and Pastour of his owne sheep against that which is said in the last of St. Iohns Gospel Feed my sheep hee â—aith not feed thine own Besides if the part had power over the whole the thing contained over the continent the particular badnesse of the Pope might oversway the universall good of the Churches intention and the Popes pleasure should be a law to the whole Church And that Church which in one of the Articles of our Creed we beleeve to bee holy built upon the immoveable rocke of our Christian faith should be made subject to a moving to a moveable and erring Prince against which saith Saint Ierom neither vices nor heresies which are meant by the gates of Hell shall ever prevaile 3 The Vniversity of Erford was of the same opinion and gave the same advice concerning the receiving and approbation of the Councel of Basil which they directed to Theodorus Archbishop of Mentz in the year 1440 we will here set downe some passages of it Now it is fitting to set which of the two ought to bee obeyed whether Eugenius or the holy Councel having shewed the validity and subsâ—stence of the Councel of Basil the superiority and preeminence of the Councel is proved thus Although the Pope or supreme Bishop bee so the principall part of the Church or in the Church that there is no one member of the said Church or particular councel greater or more principal than he nor indeed so great as he is avowed and acknowledged to be by all those that have treated of the power of the Pope Yet no Catholique that will understand the maâ—ter can eâ—er doubt but that the whole Church or a firme and subsistant Generall Councel 〈◊〉 greater than he and his superiour in matters that concerne faith or the extirpation of schismes or the generall reformation of manners For this was determined by the authority of the Church Catholique at the sacred Councell of Constance and confirmed at the holy Synod of Sens and of Basil in these words That a Synod lawfully assembled in the name of the holy Ghost making a Generall Councell and representing the Church militant hath its power immediatly from Christ to which every one is bound to obey of what estate or dignity soever hee be though he be Pope in matters which concerne c. And although this declaration of the Catholique Church might suffice alone to prove the supreme authority of sacred Councels upon earth yet notwithstanding for the greater confirmation of what hath been spoken That the rest of the body of the Church excluding the Pope if he bee contrary to it hath this authority there may be brought both reason and experience and authority In the first place reason teacheth us c. After they have proved this in manner aforesaid at last they conclude in this sort Considering then that all General Councels are grounded upon such authority that if they be assembled about faith reformation of manners that which belongs thereunto every man from the least to the greatest is bound to obey them as also considering they cannot erre and that the sacred Councel of Basil continues firme and undoubted untill this day as hath beene proved From hence three things are inferred First That if a General Councell and the Pope though hee bee truely and reallie Pope be at variance and command contrary things the most illustrious Princes Electours and all other Christians ought and are bound to obey the Councel and leave the Pope The second that the sacred Councell of Basil and Pope Eugenius that was commanding contrary things they are bound to yeeld obedience to that sacred Councel and not to Eugenius Yea to account him no Pope seeing the Councel had power to proceed to the deposing of him for his disobedience The third that they are bound to obey the most holy Pope Felix who was chosen by the Councell 4 The counsell and advice which the Vniversity of Vienna gave to the Archbishop and Metropolitan of Salizburg upon his request made unto them is conformable to the former To the second namely whether the holy Councell of Basil had full power to proceed against Eugenius and to depose him and create another it is answer'd That the holy Ghost hath openly declared by the Organ of the sacred Councel of Constance that the Church and a holy Councell whâ—ch represents it hath such a power over any man whatsoever he be although he be placed in Papall dignity Afterwards they adde the Decree of the said Councell which hath beene here alledged already together with another of the same Councell made against those that doe not obey the commandements thereof though they be placed in dignity Papall And in another place 't is said It followes then that the Holy Ghost is there at the General Councel but not as a subject but as a supreme President from whom it is not lawfull
Milan for a time to our beloved sonnes the Rectours Doctours Masters and Regents of the mother nurse the Vniversity of Paris health and blessing from God Almighty Our beloved sonne Ieffrey Boussard Chancelour of Paris will by our direction deliver unto you a certaine suspected booke full of injuries against the Councels of Constance and Basil and against ours and against Iohn Gerson the maine defender of the Church made by a certaine Frier Cajerane a bold fellow and a dangerous who we desire may be corrected according to his desert Wherefore we desire you in the name of the Lord to examine and diligently to sift that booke and speedily to send us â—â—ur resolution and opinion of it to the end that we may proceed with your sage advice according to the merit of his boldnesse See here their most respective letters and withall those which were writ unto a company which hath alwaies beene reputed in effect the eye and light of the world 9 Let us now speake of the approbation of Princes and Provinces First it is to be observed that the Deputies of the chief nations in Christendome were present at the Councell of Constance to wit of England France Germany Spaine and Italy As is apparent from the Acts of it and from the testimony of Platina who speaks thus of it The affaires of the Councell saith he were managed by the votes suffrages of five nations to wit of Englandâ— Italy France Germany and Spaine All that was decreed and resolved upon by suffrages of these nations continued firme and strong and was proclaimed and publiquelie declared by a cryer or publique notarie insomuch that it was afterwards confirm'd by the generall consent of all 10 The Ambassadours of divers Princes were at the Councel of Basil namely of the Emperour the King of France the King of Spaine and others The Decrees thereof were also approved in the diet of Mentz in Germany by the Electours of the Empire and the Oratours of the Princes of Germany witnesse AEnaeas Sylvius afterward Pope Pius the second witnesse also the Vniversity of Erford in Germanyâ— which speaketh to the Councell aforesaid in this manner The Princes without all doubt or hesitation whatsoever have taken their oathes and yeelded obedience by themselves or their Ambassadours and lawfull Atturneys unto that sacred Councell as also after that in the Dyet of Mentz The pretended abrogation of this sacred Councel being already decreed admitting of it with certaine qualifications they make no scruple about the power of it as it is contained at large in the letters set out touching the acceptance of it in these words Wee accept and receive presently and without delay with all devotion and reverence the foresaid Decrees of the holy Councell of Basil with convenient caution as touching the correction and reformation of the things aforesaid some simply as they ly others with certaine formes and modifications Not that we doubt of the power of that sacred Councel which made them but to the intent that they may stand with the convenience of the times and manners of the said Countrey of Germany as it is hereafter specified The Vniversity of Vienna saith likewise to the same Councell That all Christian people called it a Councell lawfullie assembled and received it with all reverence 11 Our Kings of France have approved all these three Councels of Constance Basil and Pisa to wit the two former in the Pragmatique Sanction with certaine formes and qualifications which concerne especially the liberties of the Gallicane Church and doe not any wayes derogate from the power of the Councel over the Pope for the Decrees which were made in that kind are inserted there by name And the last together with the two former by the letters patents of King Lewes the â—welfth of the 16 of Iune 1512. And although Pope Eugenius the fourth was very earnest with King Charles the seventh to get him to repeale the Pragmatique Sanction and reject the Couâ—cell of Basil after the translation of it to Ferrara yet for all that hee could not obtaine it but answer was made to his Ambassadours That the King had acknowledged the Councell of Basil for a true Councel that hee had sent his Ambassadours thither that divers good things had beene there ordained concerning faith and manners which he approved of and that he never accounted that assembled at Ferrara for a Councel That for the Pragmatique Sanction his pleasure was it should bee inviolablie observed and kept The same Pragmatique Sanction which is nothing else but the substance of the Councels of Constance and Basil was afterward confirmed by King Lewes the twelfth after it had escaped shipwrack under Lewes the eleventh together with the Councell of Basil aforesaid by an Ordinance made in the yeere 1499. 12 Since that time there was a Concordat made betwixt King Francis and Pope Leo the 10 which derogates from it concerning the point of Elections Presentations and such like things but not in that which concernes the power of a Councell For see here what the same Prince saith of it to wit that To avoid the great dangers which may happen hereafter about the recalling of the Pragmatique whether such revocation be obeyed or it bee not which may bee foreseen by all such as are well affected hee hath made certaine Concordats with the holy See Apostolique Now in these agreements there is nothing expressed either for the confirmation or abrogation of these decrees concerning the power of Councels although that was the maine cause that stirred up the Popes hatred against that poore Pragmatique And if so it is yet further to be observed that the Vniversity of Paris hath put in an Appeale from such Concordats to a future Councel CHAP. VII A confutation of their reasons that maintaine that the Pope is above a Councel THe Popes are in default who have endevoured to obscure this truth yea desired to overthrow it in the suit either by their proceedings or by their Decrees and their Conventicles or by the writings of their hireling Doctours whom it is now my task to answere but very briefly because it is none of my proper designe beside that which I have touched upon above may suffice abundantly 2 Their maine incounter is with the Councels of Constance and Basil yet so as they cannot agree amongst themselves about them For some of them say It was not absolutely determined by them that Generall Councels have power over Popes but onely in one case to wit when there is a schisme and it is doubted who is the true Pope But the very words of the two Decrees which we produced in the former chapter doe sufficiently refell them so that we need say no more of that They doe not onely give the Councell power over Popes in case of schisme but in all that concernes the faith in all that concernes the reformation of the head and members and all things that depend thereupon 3
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 topsâ—e 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 â—lement 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 Dâ—wayes 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
â—dicts already alledged 39 And after all this yet this Councell will have the accounts of Colledges so erected to be heard and examined yearly by the Bishop with the two deputies of the Chapter and the other two of the Clergy Which is derogatorie to the Edicts alleadged here before whereby the making of such accounts of building-money and Hospitals is laid upon the Kings Iudges inasmuch as there shall no account bee made to them hereafter of that part of the revenues which shall bee taken out of such buildings and Hospitals to bee imployed to the use of those Colledges and Seminaries but only to the Bishop Wherein there is a very great accumulation of grievances for they to whom it formely belonged to make those accounts ought not to bee deprived of it by meanes of such application of the revenues to another use And suppose that might be admitted yet it were reasonable that those accounts were still made before the Kings Officers at least that the Major and Sherifes of the towne where such houses are and such like persons were called considering that the meanes of Colledges and Schooles is no more spirituall than that of buildings Hospitals and Spittles Especially considering that building-money after the buildings are finished ought to be converted to the reparation of Churches and purchasing of ornaments for them and other works of charity and yet there is never any alteration for that of the parties which are to make the accounts but it is alwaies left to the Officers Royall nor is the Clergie suffered to intermeddle in the accounts of building-money and in case they should attempt there might be put in an appeal as from abuse as it was judged by an Arrest in Iune 1550. And as for the accounts of Hospitals they are to bee made also before the Kings Officers notwithstanding that by the will of the Founder part of the revenues of those Hospitals be designed and appointed for divine service according to an Edict of King Francis ann 1545. And which must bee taken notice of in case the Bishops and other of the Clergy have the right of overseeing the administration of those Hospitals yet they retain unto themselves the hearing of the accounts aswell as Lay Patrons doe Howsoever in such sort that the foure at the least of the most eminent inhabitants of the place or Parish must bee called unto them as it is ordered by the sixt article of the Ordinance of Hospitals made 1561. From which the tenth article of that of Melun 1580 doth no way derogate which must be expounded by the former in that where it is said That the Prelats and Clergy shall be maintained in their right which they have of looking to the administration of Hospitals and Spittles and taking the accounts of their revenues where that must be repeated which is in the precedent Edict The most eminent inhabitants c. being called thereunto forasmuch as this latter aâ—mes at the preserving and confirming the right of the Clergy not at the excluding of the inhabitants of the place or Parish from the hearing of the accounts 40 Lastly the remedy of appeal is not admitted to take place against such decrees as the Bishops shall make for the repairing of Cloysters and Monasteries but they must be forthwith put in execution without all appeal yea and that in such sort that the Secular Magistrates are commanded upon paineâ— of excommunication to assist them In which there are many grievances First in that the Iudges Royall as also the Bailifs and Stewards are deprived of that cognizance which belongs unto them before all others in case of such reparations as we have made it plaine already Secondly in that the Parliaments are deprived of those appeals which would bee made unto them from the inferiour Iudges Thirdly in that no appeal can bee made unto them as from abuse from the sentence of Bishops And fourthly in that the Kings Officers are made lyable to excommunication contrary to that priviledge which hath beene granted unto them and which they have ever enjoyed whereof wee shall speake in another place Now if this Councel take place we must make account that appeals as from abuse are utterly abolished as wee have said already which is a thing that concernes France not a litle inasmuch aâ— it is one of the principall weapons wherewith our Predecessours have foughâ— against the usurpations of the Popes and other Ecclesiastiques CHAP. IV. Of Exemptions 1 ANother meanes which the Councell useth to hooke in to the Pope the jurisdiction over other men are the Exemptions granted to Churches Chapters Corpses Colledges Abbeyes and Monasteries to the prejudice of their lawfull Prelates and Ordinaries the Bishops and Metropolitans Our Trent Fathers knew wel enough and confessed that such exemptions are a cause of much evill for say they They give occasion to the persons exempted to live more dissolutely and more at their libertie This is not all for wee must adde That they take away the reverence and obedience which the exempted owe unto their Prelates and Ordinaries and make them thinke themselves as good men as the Bishops and other their superiours That the correction and punishing of faults and excesses is hereby â—indred and brought to nothing That they are prejudiciall to the whole Church Catholique inasmuch as the exempted cannot bee judged but by the Pope and hee cannot doe it by reason of his remotenesse from them That they rob men of the meanes of doing many good works in religion That they are the cause of many scandals That those to whom they are granted abuse their priviledges That they draw after them the ruine of Monasteries being rather a burthen than an honour or profit to them All these reasons were alleadged by William Durant Bishop of Mende in Gevauldan in the time of Clement the fift to perswade the Generall Councell of Vienna to abolish such exemptions Let us heare what complaints have been made against them at severall times 2 Saint Bernard spoke very freely of them to Eugenius the third in those books which hee dedicated unto him Abbats saith he are exempted from the jurisdiction of their Bishops Bishops from their Archbishops Archbishops from their Patriarchs or Primats Does this manner of dealing seeme good to you It were strange if it could bee excused or if there were any need of it In so doing you shew that you have plenitude of power but perhaps not of justice He speaks yet more of it but this is sufficient 3 Cardinall de Alliaco makes a complaint of them likewise and is of opinion that a course should be taken with them adding That many devout zealous men in the Church have a long time complained of them as Saint Bernard in a booke by him directed to Pope Eugenius and others Iohn of Paris a devine of the Order of Predicants urgeth the same Saint Bernard It is also to bee considered saith he that Saint
notable usurpations upon Kings and Princes their Realmes and Dominions for a man shall not finde so much as one of them which is not in favour of the Church We may justly say that here is a brave bargaine for the Pope and that â—e could not hope for a greater advantage from the resolutions of these Fathers 3 Wee shall observe in the first place that there are a very many Decretals which were never in use before this Councell witnesse Cardinall Cusan Wee see saith he an infinite number of Apostolicall Ordinances which were never received not even then when they were made Our France in particular hath rejected an infinite companie of them as namely all those which are prejudiciall to the State to the Edicts of our Soveraigne Princes and to the liberties of our Gallicane Church Wee must now receive them and not only those which are contained in Gratians Decret the Decretals of Gregory the ninth Boniface the eight the Clementines and Extravagants but besides all those that are contained in the booke intitled Collectio diversarum Constitutionum literarum Romanorum Pontificum in another called Epistolâ— decretales Summorum Pontificum in three volumes in another intitled Eclogae Bullarum motuum propriorum in that which is called Summa Pontificum and in the seventh booke of Decretals newly composed in the rules of Chancery which are changed and rechanged a thousand times and in other such like collections which containe yet three times as many more constitutions as are extant in the Ordinarie books 4 To this demand of the Emperour wee must joyne the judgement which our Predecessors made of the Decrets and Decretals to the end that the justice which our Trent Fathers used in this regard may bee so much the more cleare Albericus de Rosate one of the best of our Commentatours who lived about three hundred years agoe unfolds their Cabal in this manner The Presidents of the Court of Rome by meanes of their cunning and acute prudence have altered their Statutes and Decrees according to the varietie of the times sometimes exalting their commands otherwhiles abasing them from time to time But to what end save onely insensibly to inslave and bring under their feet as they use to make their brag openly all things both celestiall and terrestriall spirituall and temporall 5 Everard Bishop of Saltzburg said full as much in an Imperiall Diet holden in Germany in the time of the Emperour Ludovicus Bavarus The Pope saith he casts new projects in his breast how to establish an Empire proper to himselfe Hee changeth the lawes hee sets up his owne he pollutes he reaves hee robs hee cheats yea he kils Marsilius de Padua speaks of this in divers passages of his Defensor Pacis In the sixt Chapter after he hath quoted this place of Marke You make the commandement of God of no effect through your traditions hee puts this glosse upon it Thus they doe which teach humane Decretals which give the Bishop of Rome the power and lordship over temporal things and those not Ecclesiasticall only but even Imperiall and Royall making a mock of the commandement of God 6 In the twentie third Chapter hee reckons up the pedigree and progresse of Papal Decrees which will serve for a comment upon that which Albericus and Everard have delivered upon this subject The Bishops of Rome saith hee having arrogated these things unto themselves and relying upon the priviledges and grants of Princes have consequently increased this title then especially when the Empire was vacant First they made certaine lawes about the Ecclesiasticall Order and concerning Clerks which they called Decrees After this they perswaded lay men to certaine Ordinances by way of entreatie and exhortations as fasting and abstaining from certaine meats at certaine times to obtaine the suffrage and mercie of God to remove certaine contagions and tempests of the aire from among men as appeares by the legend of Saint Gregory and some other Saints Next perceiving that the Laity received them willingly and that they observed them by reason of their devotion the custome being now growne ancient in such matters they begunne to alter those institutions which ran by way of entreatie into commands being so bold as even to strike the transgressours of them with the terrour of an anathema or verball excommunication yet alwayes under colour of devotion and divine service and this without licence from the humane lawgiver The desire of domineering encreasing yet more and more in them and they perceiving withall that devout faithfull people were frighted at such words by reason of their dulnes and ignorance of the law of God which perswaded them they were bound to all that was commanded thâ—m by their priests upon paine of eternall damnation the Bishops of Rome with the assembly of their Clergy undertooke to enact certaine edicts or oligarchicall and factious ordinances concerning civill affaires whereby they pronounced and declared themselves together with all those that receive their order or office of Clerkship yea even pure lay men exempt from all publique charge admitting even Secular married men to that office who were easily allured thereunto that they might enjoy those immunities from publique charges gaining unto themselves no small part of the people by that meanes whom they freed from the power of Princes and Magistrates labouring withall to draw yet a great many more from their obedience By other edicts they denounced a curse or anathema against all such as doe any personall injurie whatsoever to those which are admitted into the number of Clerks defameing them publiquely in Churches by excommunications and presenting them neverthelesse to get them punished by the punishments prescribed by humane lawes But the most horrible thing of all and which is most exeâ—rable in the office of Priests is that the Bishops both of Rome and others to enhanse their jurisdiction and thereby their most dishonest gaine to the contempt of God and the open prejudice of Princes doe excommunicate and debarre from the Sacraments of the Church as well Lay men as Clerks which neglect to pay certaine pecuniarie debts or indeed which are not able to doe it to the paiment whereof within a set time they were civilly obliged And not being yet content with these things but aiming at the greatnesse of Secular Princes contrary to the commandement of Christ and his Apostles they take licence to make lawes distinct from those which concerne the generalitie of the citizens by declaring all the Clergie exempt from them and bringing in a civill division and a pluralitie of Soveraigne principalities For this is the root and originall of this contagion of the Realme of Italy from whence all scandals grow every day and as long as it continues discords will never bee at an end For the Bishop of Rome hath enjoyed this power a long time already upon which hee entered by a covert prevarication by litle and litle and the boldnesse of one of
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
Vicechancelours Notaries Registers and Executours their servants and others which have any thing to doe in what sort or manner soever with capitall or criminall causes against Ecclesiasticall persons in banishing or arresting them passing or pronouncing sentence against them and putting them in execution even vnder pretence of any priviledges granted by the See Apostolique upon what causes and in whattenor and forme soever to Kings Dukes Princesâ— Republiques Monarchies Cities and other Potentates by what name and title soever they be called which we will not have to be usefull for them in any thing repealing them all from henceforth and declaring them to bee nullities See here all the Iudges Royall both superiour and inferiour utterly despoyled of the cognizance of criminall causes 8 The twelfth Article speaks on this sort Wee excommunicate all and every the Chancelours Vicechancelours Counsellours ordinariâ— and extraordinarie of all Kings and Princes the Presidents of Chanceries Counsels and Parliaments as also the Atturneyes generall of them and other Secular Princes thogh they be in dignitie Imperiall Royall Duâ—all or any other by what name soever it be called and other Iudges as well ordinarie as by delegation as also the Archbishops Bishops Abbats Commendatories Vicars and Officials who by themselves or by any other under pretence of Exemptions letters of grace or other Apostolicall letters doe summon before them our Auditours Commissaries and other Ecclesiasticall Iudges with the causes concerning benefices tithes and other spirituall matters or such as are annexed to them and hinder the course of them by any lay authoritie and interpose themselves to take cognizance of them in the qualitie of Iudges 9 This is not all for in the following Article hee goes yet further striking a heavie blow at the Ordinances of our Kings Those also which under pretence of their Office or at the instance of any man whatsoever draw before them to their bench Audience Chancerie Counsell or Parliament Ecclesiasticall persons Chapters Covents and Colledges of all Churches or cause them to bee brought in question before them or procure them directly or indirectly under what colour soever beyond the appointment of the Canon law Those also which ordaine and set forth Statutes Ordinances Constitutions Pragmatiques or other Decrees whatsoever in generall or in speciall for any cause or colour whatsoever even under pretence of Apostolicall letters not now in practise or repeâ—â—ed or of any custome or priviledge or any other manner whatsoever or that make use of them when they are made and ordained when by them the Ecclesiasticall libertie is abolished impaired depressed or restrained in any manner whatsoever or who do any prejudice to our lawes and those of our See directly or indirectly implicitely or explicitely 10 See yet another which followes after this Those likewise which doe any way hinder the Archbishops Bishops and other Prelats superiour and inferiour and all other ordinarie Ecclesiasticall Iudges in the exercise of their Ecclesiasticall jurisdiction against any person according as the Canons the sacred Constitutions of the Church the Decretals of generall Councels and principally that of Trent doe ordaine There is further in the same Bull some excommunications against those which appeal from the Popes sentence to Generall Councels Against those that hinder Clergy or Lay men from going to plead at Rome which is a remarkable thing Against Kings and Princes which make the fruits of Ecclesiasticall livings bee sequestred upon any occasion whatsoever which concernes the right of the Crowne Against those which impose any tenths subsidies or other taxes 11 All this is leveld against the rights of the King and the liberties of the Gallican Church I aske now seeing our Popes take upon them to excommunicate our Kings which make ordinances concerning such matters their Officers and Magistrates and all others which practise them whether they will make any conscience of putting forthwith such lawes and ordinances into their Index expurgatorius Let a man goe about to put all the distinctions which hee can devise to save our liberties upon this Councell will not it bee lawfull for the Pope when he shall please to derogate from them to come in with a non obstante Doth not hee in the fore-mentioned Bull repeall all the priviledges granted by the See Apostolique His successours shall not they have the same power that hee hath 12 The other piece which wee promiseâ— shall bee taken out of the privie Counsell which was holden at Rome almost at the same time when the former Bull was sent which was found in the Advocat Davids trunk where it is said That the successours of Hugh Capet to undoe the Church brought in that damnable errour which the French men call the Liberties of the Gallican Church which is nothing else but a refuge for the Waldenses Albigenses poore of Lyons Lutherans and Calvinists at this present And in another Article it is said That all Edicts made within the Kingdome of what standing soever if they bee repugnant to Councels shall be cassed repealed and disanull'd As much as to say al the Edicts concerning the rights of our Kings the good of the Kingdome and the liberties of the Gallican Church which are all abolished and brought to nothing by the Councel of Trent A REVIEW OF THE COVNCELL OF TRENT BOOKE VII CHAP. I. That the Councell of Trent tends to the depression and abasing of the authority of Christian Princes 1 THis redoubted greatnesse to which the Pope is exalted by this Councell doth diminish as much not onely the power of Councels and Clergie-men but also that of Christian Princes These are their spoiles their Scepters their Crownes their justice their soveraigne authoritie their honours and preheminences all this is violently pull'd from them and transferr'd upon another lord In the first place they are depriv'd outright of that power which they have over Ecclesiasticall things and persons due unto them both by divine and humane law The calling of Councels is taken from them the presidence in them the approbation and authorizing of the determinations made in them the nomination election or investiture to the Bishopriques within their Empires and Dominions justice civill and criminall upon the goods and persons and discipline Ecclesiasticall and many other such like things It tacitely approves yea in many things expressely the unmeasured power and dominion which the Popes have usurped upon Kingdomes and Empires upon the election and deposition of Kings and Princes and upon all that belongs unto their state It disanuls their lawes and ordinances and on the contrarie establisheth those of the Popes and condemns all those that have defended their rights All this is handled in the former bookes and it would be impertinent to use repetitions And therefore we send the reader backe thither We will here adde that which remaines to be spoke of that subject 2 They are further grieved inasmuch as the Councell takes upon it more than belongs unto it in point
nor against their vassals and subjects First forasmuch as such lawes have beene abrogated by contrarie practice bee it in Germany England France or elsewhere Secondly forasmuch as the cause of them ceasing there is no need to observe them Now the cause or reason which is fully expressed in those two lawes is this That the authoritie of sacred religion invents and finds out many meanes of allaying suits which the ties and formes of captious pleadings will not admit of That the judgements of Bishops are true and uncorrupted That this is the châ—aking of those malicious seeds of suits to the intent that poore men intangled in the long and lasting snares of tedious actions may see how to put a speedy end to those unjust demands which were proposed to them Now wee have made it appeare in the second booke when we treated of the reformation of the Head that the Pope his Decretals the Court of Rome and other Ecclesiasticall Courts are now adayes become the source of iniquitie and injustice and of all the shiftings and tricks that ever could be invented in matter of pleading and that all Christendome graones miserably under them at this present Why then should a man submit himselfe to their judgement this were for escaping the ashes to throw himselfe in the fire Duarenus speaking of these two laws saith That the conditions of the Bishops being changed both these constitutions grew out of use as it is credible Thirdly the Popes have rendred themselves unworthie of them because they went about to retort thâ—m upon their authours to urge them against those which are exempted from them because they wold have made their liberality redound to their own dammage and have arrogated their power unto themselves and usurped their lawes Lastly those who made those constitutions have power to unmake them to alter or abolish them at their pleasure To what purpose then are they urged against them There needs be no more talke of them in France for they have now beene a long time disused Wee see no tracts of them in our Histories nor in our ancient records And besides wee have at this present some Ordinances cleane contrary to this which forbid Clergy men all jurisdiction over lay men unlesse it bee in spirituall cases as wee have elsewhere expressed CHAP. II. That a Councell hath no power in temporall matters 1 FOr goods and other temporall matters Saint Austin hath passed his sentence by which hee hath submitted them entirely to the jurisdiction of Princes although they be in the possession of Clergy men By what law saith he doe you except the goods of the Church by divine law or humane The divine law we have in the Scriptures and the humane in the lawes Imperiall That which every man possesseth doth he not possesse it by the humane law Humane lawes are the lawes of the Emperours for God hath dispensed humane lawes amongst mankinde by the mediation of the Emperours and Kings of this world And a little after Take away the Imperiall law and who dare say this possession is mine This servant is mine This house belongs to mee If the Royall lawes have ordained that these things should bee holden and possessed by men would you have us to conceale the law that so you might enjoy them And after some passages Let those lawes be read where the Emperours have commanded expresly that those who usurpe the name of Christians unlesse they bee within the communion of the Catholique Church cannot possesse any thing in the name of the Church But say you what have we to doe with the Emperour I have told you already that the question is here of the law humane and the Apostle himselfe would have all men to bee subject to Kings and Kings to be honoured And hath said Have Kings in reverence Say not you then What communion is there betwixt mee and the King otherwise it will be said unto you What communion is there betwixt you and your possessions They are enjoyed by the constitutions of Kings You say What hath the King to doe with me doe not then call those possessions yours for as much as you have renounced humane lawes by virtue whereof such possessions are enjoyed This pregnant place is inserted into the Decree all entire as I have related it so as now it is a Papall law which plainly teacheth us that Ecclesiastiques have no jurisdiction over the lands and possessions and other temporall goods which Churchmen are seized of much lesse have they any over those which are in lay mens power over which notwithstanding the Councell of Trent hath stretched their authoritie 2 Gregory the thirteenth it seemes would have voided and rebated the force of this Canon by that Item which he gives us that the word Church is not at the beginning of the passage because Saint Austine speakes there of heretiques namely to the Donatists Which is very true But if he will inferre from thence that Saint Austine would not have said as much of the goods of the Church wee will deny his argument These goods whereof hee speakes were the possessions of the Church before the Donatists fell into their opinions They were deprived of them by the Emperours because of their heresie They were bestowed upon the Orthodox as Gregory saith in the same place See how the Prince and not the Church doth alwaies dispose of their goods See how Saint Austine and all the Popes with him confesse that it belongs to the Emperour to dispose of them and not to the Church For even that reason which he renders is generall It agrees as well to the Church and Clergie as to any others Besides those which made the collections of ancient Canons as Anselme Ivo and Hildebert have inserted the word Church in that place and Gratian after them as Gregory confesseth which the former Popes did authorize The Emperour Constantine cals those of the Novatians Churches and will have them preserv'd unto them The Emperours Gratian Valentinian and Theodosius call those of other Heretiques Churches and cast them out of them that they may place orthodox Christians in them Arcadius and Honorius made a like constitution Ivo Bishop of Chartres proves it in his Epistles For as much saith he as the guidance and government of temporall things is given unto Kings and that they are called Basilei that is the Basis and foundation of the people if at any time they abuse their power which is given themâ— they must not be too much exasperated by us onely when thâ—y refuse to obey our admonitions they must be let alone to the judgement of God The Councell of Trent doth not use them so but not content with delivering their bodies up to Satan as farre as lies in their power it confiscates their goods and deprives them of their inheritance 3 Pope Nicholas howbeit in his Epistle sent to the Emperour Michel he breathe nothing but winde and smoke having made a division with the
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
I know what the matter is when the fires were kindled over all France to burn them all alive Religion was then a case Royal. But when the question is about a necessary reformation of the Clergie or Monkery or sending Pastours home to their flocks this is a case Synodicall or Papall For as I remember I have heard some distinguish so and those eveâ—â—â—â—hops themselver As if Princes were no more but miâ—isters of another zeal ofttimes indiscreet and without knowledge that I say not executioners of cruelty and not rather Guardians Protectours and externall defendours of all the constitutions of the Church as her children 3 But let us here shew by good examples and sufficient testimonies in what fashion Secular Princes have medled with such things as concern the Church The first lesson which God gives the King which would bee established over his people is this It shall bee when he sitteth upon the throne of his Kingdome that hee shall write him a copy of this law in a booke out of that which is before the Priests and the Levits And it shall be with him and hee shall read therein all the dayes of his life that he may learne to feare the Lord his God to keepe all the words of this law and these Statutes to do them According hereunto the Lord speaks thus to Ioshua whom he had chosen to be the governour of his people after Moses This booke of the law shall not depart out of thy mouth but thou shalt meditate therein day and night that thou mayest observe to doe according to all that is written therein 4 Let us now see how these Kings and Governours behaved themselves in the ancient Church and the power which they tooke upon them without rebuke or to speake more properly with approbation David gathered together all the Princes of Israel with the Priests and the Levits Of which twenty and foure thousand were chosen to set forward the worke of the house of the Lord and six thousand were Officers and Iudges Moreover foure thousand were Porters and foure thousand praised the Lord with instruments which hee made to praise therewith And David divided them into courses among the sons of Levi. And a litle after And Aaron was separated that he should sanctifie the most holy things he and his sons for ever to burne incense before the Lord to minister unto him and to blesse his name for ever All this concernes the discipline of the Church and yet all was done by the conduct and command of David King Solomon built the Temple of the Lord in Ierusalem by the speciall appointment of God The son that shall bee borne to thee shall bee a man of rest Hee shall build an house for my name David would have built the temple himself but he was forbid by the Lord because he had shed bloud King Ioash repaired it afterwards And it came to passe after this that Ioash was aminded to repaire the house of the Lord. And he gathered together the Priests and the Levites and commanded them to goe out unto the Cities of Iudah and gather out of all Israel money to repaire the house of the Lord from year to year And when the Levites hastened not the King called for Iohoiadah the chief and said unto him Why hast thou not required of the Levites to bring out of Iudah and out of Ierusalem the collection And at the Kings commandement they made a chest into which every man brought his share and portion that Moses had laid upon them This money was brought unto the King and distributed by him and the high Priest amongst those that wrought about the temple 5 The Emperour Charlemaigne who was as great in Ecclesiasticall policie as in feats of armes speaks on this wise to the Clergy of his Empire in the preface of his Capitulary We have sent our Deputies unto you to the intent that they by our authoritie may together with you correct what shall stand in need of correction We have also added certaine Chapters of Canonicall ordinances such as we thought to bee most necessarie for you Let no man I entreat you thinke or censure this pious admonition for presumptuous whereby wee force our selves to correct what is amisse to cut off what is superfluous and briefly to compact what is good But rather let everie man receive it with a well-willing minde of charitie For wee have read in the booke of Kings how Ioas endevoured to restore the Kingdome which God had given him 〈◊〉 â—he service of the true God by going about it by correcting and admonishing it 6 Wee have elsewhere said that he discoursed himselfe about points of divinitie at the Councel of Francfort Nor doe wee ever finde so many Synods holden as in his reigne and all by his command which is a faire prâ—siâ—ent for his successors By his command saith Regino there were Councels celebrated in all parts of France by the Bishops about the state of the Church One was held at Mentz another at Rhemes a third at Tours a fourth at Cavaillon a fift at Arles and the severall Constitutions which were made in every one of them were confirmed by the Emperour Besides these five which were held in the yeare 813 namely but one yeare before his decease hee called one at Worms the year 770. One at Valentia in 771. Another at Worms in 772. Another at Genes the yeare 773. Another at a place called Duria in 775. Another at Cullen 782. A third at Wormsâ— 787. Another at a place called Ingeluheym the yeare 788. And a Generall one consisting of all the Westerne Churches at Francfort the yeare 794. Besides others which may be observed out of histories 7 See now then how Kings have a commanding power over the Clergy how they make Ordinances about such things as concerne Ecclesiastical discipline how they ingage themselves in such matters above all others yet not so as to minister in the Church to offer incense or such like For this belongs properly to the Church and cannot bee taken from them This is the reason why King Hezekiah speaks thus to the Priests and Levites when hee exhorts them to doe their dutie My sons be not now negligent for the Lord hath chosen you to stand before him to serve him and that you should minister unto him and burne incense Hee calls them sons or children that wee may observe so much by the way whereas our Canon law on the contrary saith that Bishops are the fathers and masters of Kings and Princes as wee have â—eene already It is not lawfull for Princes so much as to touch this mysterie and this is the reason why King Vzziah was smitten with a leprosie because hee had taken upon him to offer incense upon the altar and the Priests withstood him From whence our Popes make a wonderous â—â—range consequence when they concluâ—e from hence that Kings and Emperours cannot
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
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 Alberiâ—us 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 Philiâ—onus 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 â—o 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