to our Lord he spending the same and buying things necessary for them or else distributing to the Poor according to what our Lord commanded for the day St. Augustin considers that Christ having the Attendance of Angels who Ministred unto him was in no necessity of keeping or preserving of Money nevertheless he would have a Purse to give an example to the Church of what she ought to do and therefore the Church alwayes understood that from his Divine Holyness by his own Example the Form of the Ecclesiastical Money might be instituted N. 5. instructing from whence it should be taken and wherein it should be laid out And if in our dayes we see not this holy institution observed we ought to consider that for our instruction and for our consolation the Divine Scripture relates that then Judas also was a Thief and usurped to himself the goods common to the Apostolical Colledge and came to such a Height of Covetousness that what he stole seeming not sufficient for him he proceeded so far in wickedness that he sold to the Jews the very person of Christ our Lord to make his summ of Money greater And if we either in reading Histories or else in observing things occurrent in our Times we shall believe that Ecclesiastical Goods are in a great Part spent in other uses than Pious and that some of the Ministers not content of usurping to themselves that which ought to be in common to the Church and to the Poor have gone so far as to sell Sacred things and Spiritual Graces to make Money N. 6. we ought not to refer this to a Particular Misery of our or of any other times but to ascribe it to the Divine Permission for the Exercise of the Good considering that the Beginning of the Infant Church was subject to the same Imperfections Indeed we ought every one according to his Degree and Vocation to procure a Remedy and he that cannot do otherwise by his Prayers and he that can hinder the Evil by preventing and opposing the Abuses considering that although Judas had no humane Punishment because those who ought to have punished him were Complices in his Offence nevertheless divine Providence shewed what Penalty he deserved and appointed that he should be his own Executioner for a Document of what those ought to do who are given for Tutors and Defenders of the Church in following Ages After Christ our Lord had ascended into Heaven the holy Apostles followed in the Church of Hierusalem the same Institution of having the Church money for the two Effects abovesaid N. 7. that is for the Need of the Ministers of the Gospel and for Almes to the Poor and the Stock of this money was likewise the Oblations of the Faithful who also making all their Goods common sold their Possessions to make money for this use So that the Community of the Church was not distinct from the Particular of each faithful Man as is practized still in some Religions which observe those first Institutions The Christians in those primitive Times were very ready to strip themselves of their Temporal Goods to bestow them in Almes because they looked for the end of the World to be at hand Christ our Lord having left it to them uncertain and although it was to last as long as he pleased they considered it no otherwise but as being to end then holding for certain that the Figure of this World that is the State of this present Life passeth away wherefore the Oblations encreased alwayes the more yet the Custom of not having any thing of ones own but all things in Common N. 8. so that there was neither poor nor rich but all lived equally went not out of Hierusalem For in the other Churches which the Holy Apostles planted it was not instituted neither did it last long in Hierusalem Whereupon 26 years after the Death of Christ it is read that the publick was distinct from the private every one knowing his own but the money being common in that Church as in others founded in Oblations which placed in Common served for the Ministers only and for the Poor and it was not Lawful for him who had wherewithal of his own to live upon the Churches Stock whereupon St. Paul ordained that Widdows who had Kindred should be relieved by their Relations that the Church Goods might be sufficient for those who are widdows indeed that is Widdows and poor The first day of the week which for that cause was called the Lords day the Faithful met together N. 9. and each one offered that which he had set apart of the foregoing week for the Necessities of the Common The care of these Goods which our Lord whilst he was in this Mortal Life gave unto Judas was administred by the Apostles themselves for a short Time after the Ascension but afterwards perceiving that Murmurings and Seditions did arise amongst the Faithful about the Distributions that were made it appearing to some that they were not so great Sharers of the Common as they willingly would have been and believing that others had more than they ought so as the Common Evil in all Times in dispensing the Goods of the Church the Apostles knew they could not attend this perfectly together with preaching of the Word of God they determined to retain to themselves the Ministry of Preaching and teaching appointing for this Office of having care of Temporal things another sort of Ministers quite different from that which we see done in our Times wherein the chief Prelates of the Church attend the Government of Temporal things N. 10. and the Office of Preaching and teaching the Word of God and the Doctrine of the Gospel is left unto the Fryars or Brethren or to some inferior Priests in the Church But these new Ministers which the holy Apostles instituted for governing Temporal things were called Deacons Deacons for which purpose Election was made of six from all the Body of the Faithful which the Apostles appointed for that Ministry and wheresoever they founded a Church they also appointed Deacons in the same Manner as also they ordained Bishops and Priests and other Ecclesiastical Ministers Fasting and Prayer preceeding and the Common Election of the Faithful following after Observing inviolably this order of never deputing any man to any Ecclesiastical Charge who was not first elected by the universality of the Church which is of all the Faithful together This Custome continued in the Church in such a Manner for about 200 years N. 11. maintaining the Ecclesiastical Ministers and the Poor also with the publick Goods there being no other Stock but the Oblations which were made by the Faithful in the Church which Oblations were in great Abundance because out of Fervency of Charity every one offered all that he could according to what he had so that when the means of the Faithful in one City were abundant for the supplying the wants of their own Church they
ill dispose the Revenews n 133. Bishops their Election called by Anselm Bishop of Lucca Popes 27 60 95 162. their Care 38. made Patrons of Church Goods 14 25. their practices 30. Bull of the Pope of small Effect n 205. Various Clauses inserted n 186. C CAnons the Original of the Name and their Institution n. 66. Canonists and their Sentiments n 79. 144 145 161 223 227 228. Cardinals their Original from the word Incardinato n. 52. Cardinal Caietan his Opinion concerning the Government of the Revenews of Benefices n. 239. Carolo magno Reforms Ecclesiastical matters n. 58. but ill observed by his Successors n. 61. Cathedratico of Bishops what n. 44. Censure of the Church how feared n. 75. Clergie ought to Administer Ecclesiastical goods according to the Canons n. 227. they are Masters of that which they receive for their Labour 241. the Church may not possess Stable Goods n. 14 15. its Governments was Democratical n. 64. Church of Rome receives Donations from all sorts of Persons n. 125. the Church of Italy and out of Italy in a sad Condition n. 73. Christ the Head of the Church and Patron of the Goods thereof n. 89. St. Cyprian Complains that the Bishops keep that which ought to be distributed to the poor and of other Abuses n. 14. Coadjutors Antient and laudable with future Succession 201. opposed and defended prohibited by the Council of Trent n. 202 211. Collections to what end n. 11. Commendaes good in their Institution n. 149. their Abuse 150. Commendaes for Life 151. Prohibited by the Council of Trent 214. but in vain 216. Councils when they began 64 65. of Constance 194. of Pavia 196. of Basil 199 203. of Trent 210. Consistory n. 65. Concordato above the Council of Basil n. 204. of Leo the 10th 207. of Francis the 1st n 209. the Observance is Interrupted under Henry the 2d n. 209. but in France it remained n. 210. Confusions in the Popedome in the 10th Age about Ecclesiastical Affairs in Italy n. 72 92. Contentions of the Pope with the Princes about Investitures n. 107 112. of Boniface the 8th with Philip the fair 212. Court of Rome having acquired plenary Authority to dispose of all Ecclesiastical Benefices aimed only at Money 158 182. Conscience ought to resolve doubts n. 243. D DEcretal of Gregory the 9th n. 137. Disorders sprung from the Ordinary without giving Benefice n. 54. during Schism 182 184. Deacons their first Institution by whom chosen n. 10. in following times 27. Dispensations reserved to the Pope n. 144. Dissolutions n. 125. Dominion of Goods Ecclesiastick to whom it doth belong n. 84. Donations made to the Church n. 89. without particular use 17. in fee 76. E ELections of Bishops Priests and Deacons n. 26. the manner of their Elections 117 Arts to draw Elections to Rome 134. Antiently they did not belong to the Popes Contrary to the Canons 160. Epistles Suppositious under the names of Popes n. 15. Exemptions of Ecclesiasticks was just in former times n. 18. whether of Divine or Humane right 78. Expectancies or Reversions blamed and restrained 133. F FEuds their name and Original n. 45. gifts in Fee to the Church 76. Found of Goods Eclesiastical n. 11 27. France the Kings gave the Bishopricks n. 35. the decree of Paschal 11. forbidding Laicks to Collate Benefices was not receiv'd in France 103. the Regalia remain in France 110. the Contentions of Boniface 8. with Philip the fair 112. Disposition of Benefices 156 157. St. Lewis makes the Pragmatica 158. Edict of the Kings against the Reserves 185. Opposition to those that would Erect the Mendicants 193. they proceeded against the Court of Rome 194. Regresses given to the Pope only were Condemned by the French 201. Lewis the 2d revokes the Pragmatica 208. Concordat of Leo the 10th with Francis the 1st 207. First-Fruits 122. G GErmany the Emperors reserve a right to give one Canonship in many Churches n. 111. refuses to be Subject to the Reserves 184. Emperor Constantine 17. Carolo magno 58. Henry 3.97 Henry 4.98 Henry 5.103 Ottone Sassone 93. gl' Ottone 96. Lothario Sassone 109. Leone 166. Gratiano Collects all that is reputed proper for Papal Grandeur n. 137. St. Gregory refuses to Ordain without the Consent of the Citizens n. 29. Exclaims against those that abuse the Incomes of Benefices 237. Goods Ecclesiastick Antiently disposed to Pious uses but now otherwise n. 1 2. their beginning and how Administred in Christs time 3. under the Apostles 7. their Foundation 4. their Lawful use 11 12. changed by little and little 14 15. they did not Consist at first in Stable Goods when Stable Goods were given to the Church 16. Confiscated restored 17. Goods given to the Church without special Obligation of any particular work 17. increased by being Exempted from publick Contributions 18. given with zeal though false and indiscreet 20. Laws remedying their Abuse 21. their increase 23. their Antient distribution lasted till 420.23 after the separation from the Empire it was retained in the Eastern Church 25. in the West the Bishops became Patrons 25. how the Goods were divided the found of them still remaining undivided 21. whether Jure divino or Humano and who had the Dominion of them 76. they were not Exempted from common necessities 167. few new Acquisitions in these last times 243. I INdulgences their Institution Abolition by P. Pius the 5th but without Effect 191. Jesuits their Institution rich poor mixt 244. Investitures England after long Contention yieldeth them to the Pope n 108. taketh away the Benefices from Roman Courtiers who in a manner ingrossed all n. 152. Edward the 3d opposeth the Reserves 180. the Emperor renounceth the Reserves 105. Contentions about them in France 108. Lothario the Saxon left them to the Pope 109. Italy its Church in a sad Condition n. 73. ample Authority of the Pope convenient for Italy 152. Provisions made there against Abuses 186. Stat. of Italy changed after the Councel of Trent 210. M MEndicants their grant to acquire goods 193. France Opposeth them 194. Militia of the Holy Land 199. Ecclesiastick Ministers paid nothing 124. Monks their Original they were Secular n. 30. they chose their Abbots 32. they were admitted into Affairs of State and of War 115. Monasteries their Original n. 30. joyned with the See of Rome 46. In Commenda Condemned by the Council of Trent but without Execution 220. N NAvarro Canonist holds that the Clergy are not Patrons but dispensers and Obliged to Restitution 239. Normans help the Pope 101. O OFfice Divine given to Canonical houres 141. Ordinato and Ordine 50. P PApacy is a Benefice n. 69. Titles of most Holy and most Blessed and Name of Pope 70. Pope Confirmed by the Emperor 61. Administrator not Patron 86. practises of Popes concerning Benefices Conferr'd by Kings 112. they dispence contrary to Canons 132. draw Elections to Rome 134 151. they Prohibit to Alienate 169. their Authority is doubtful 225. they binder
made Collections for other poor Churches also For which cause St. James St. Peter and St. John when they acknowledged St. Paul and St. Barnabas for Consorts and Companions in the Gospel they recommended this Work unto them to Collect some Almes for the poor Church of Hierusalem for which St. Paul also mentions the having made a Collection in Macedonia in Achaia in Galatia and in Corinth and this Custom was observed not only during the Apostles Life times but also after their Death and in the Church of Rome where Riches were plenty the Offerings also were Abundant N. 12. for about the year 150 they not only served to Maintain the Clerks and poor Christians of that City but also to administer abundantly unto other Churches not only to the Neighbouring but also to those at a Distance giving Food in divers Provinces unto poor and miserable Christians Condemned to Prisons and to working in Mines and to shew the Abundance of the Oblations I shall only say this that Marcion about the year 170 Marcion Ao. 170. made an Oblation in the Church of Rome at one time of 5000 Crowns of Gold and because he had certain Opinions not Convenient in Matter of Faith he was expell'd from the Congregation and all the money restored to him that holy Church esteeming it self polluted in retaining the Goods of a Heretick Afterwards the Church of Rome encreased so in Treasures that after 220 years the Roman Emperors were desirous of them Ao. 220. Decius the Prince whereupon Prince Decius Arrested St. Lanrence a Roman Deacon to take the Ecclesiastical Treasures from him they being grown so Copious but that Prince was Mistaken N. 13. believing that the Treasures were Collected and preserved for that holy Deacon was aware of the Tyrants Greediness and foreseeing the imminent Persecution bestowed all at one time as they were wont to do in such like Dangers and the most part of the Persecutions made against the Church after the Death of Commodus were for that Cause that is because the Princes or the Governors finding themselves short of Money were willing to make themselves Masters of the Christian Churches Stock that way After the Churches were enriched the Clerks also began to live more at ease and some not being content with the ordinary daily food of the Church would live separately in their own Houses and receive from the Church their separate proportion in Money every Day or for a Month together and longer a thing which although it declined from the Primitive Perfection N. 14. was nevertheless tolerated by the Fathers Besides the disorders did not stand at this stay but the Bishops began to fail the Poor in their usual Almes and to keep for themselves that which ought to be distributed growing rich with the Common Goods of the Church dealing in usury for to encrease them and leaving off the care of teaching the Doctrine of Christ all busied themselves in Covetousness which things St. Cyprian laments that they were practised in his time and concludes that God to purge his Church of these Errors might permit that great Persecution which was under the Empire of Decius because his divine Majesty hath alwayes reformed his Church either mildly by the means of Lawful Magistrates or when the Excess is gone too far by the Instrument of Persecutions But although the Church possessed so much wealth No Stable Goods at first yet it had no setled or Stable Goods first N. 15. because they cared not for any upon the Reason abovesaid for they esteemed the End to be at hand and all Worldly things to be Transitory and of a great weight for one who tends towards Heaven and again because no Society Colledge Communalty nor Corporation according to the Roman Laws could be given to bequeathed or have left by Will any Goods immovable nor for any cause whatsoever could possess the same unless it were approved of by the Senate or by the Prince neither can this be doubted of although Some Epistles goe about under the Names of old Popes which give a Reason why the Apostles should sell their Possessions in Judea and the succeeding Christians should preserve them by saying that was because the Apostles foresaw that the Christian Church ought not to remain in Judea but indeed amongst the Gentiles as if in the Gospel the cause of selling were not expresly shewn when Christ said to his Church Fear not O little Flock N. 16. sell what ye possess and give Almes that although Hierusalem were destroyed at its Building again there might be an Abundance of Christians and yet have not been destroyed in the Cities where the Churches amongst the Gentiles had Possessions But labouring to shew this Falsehood is superfluous being a certain thing that these Epistles are Suppositious Ao. 800. and were framed about the year 800 by those who preferr'd as is still done at this present Riches and Pomps to the Apostolical Moderation Instituted and Commanded by Christ But the Confusion which was much continued in the Empire after the Imprisonment of Valerianus the Laws being but little observed chiefly in Africa in France and in Italy some left or gave Stable Goods to the Churches which in the year 302 were all confiscated by Diocletian and Maximian though in France the Emperors Decrees were not Executed by the Bounty of Constance Cloro Caesar who Governed it But these Princes having renounced the Empire eight years after Maxentius restored all the Possessions to the Church of Rome and a little after Constantine N. 17. and Licinius granted freedom of Religion to the Christians approved of the Ecclesiastical Colledges call'd Churches granted generally throughout the Empire that they might gain or acquire Stable Goods as well by Gift as by Testament exempting also the Clergy from personal publick Services Exemptions of Ecclesiasticks that they might attend the duties of Religion more Commodiously The Custome of our times of giving or of leaving ones Estate to the Church with a special obligation of some particular work as of Building of Marrying young Damsels of providing for Orphans or others neither with Obligation to Masses Anniversaries or to other Ecclesiastical Offices were not then in Account nor in Use for a long time after But Persons gave or bequeathed absolutely and the Gift or Legacy was incorporated into the Common Mass N. 18. which was the Stock for the Expences of all pious Works wherefore speaking of ancient Ecclesiastical Goods it is most true that they are not dedicated to any particular Work but it is not true that they may be laid out in what a man will but in the generality of Pious Works only The Exemptions which Princes granted unto Ecclesiastical Goods freeing them from publick Contributions was a great encrease to them Exemptions of Ecclesiastical Goods and it was formerly observed every where inviolably with great satisfaction to Princes and with the Approbation of the People N. 19.
reformed also the Ecclesiastical affairs reducing them to an Uniformity which in divers places had been differently instituted renewing many of the old Canons and Councels worn out of use N. 59. and making of Ecclesiastical Laws for the distribution of Benefices according to the Exigencies of those Times he partly restored unto the Parishes the Possessions which the Bishops had drawn to themselves ordaining that every Priest Curate should have one of quantity appointed him which then was called Manso Manso At that time the Custom of giving Tythes unto Parish Churches passed over into Italy which long before had been introduced in France Tythes in Italy Therefore Charles added anew that the Bishop as Superintendant and Pastor-general might give that order upon the Distribution of Tithes as he thought fit wherefore the Bishops where the Tithes were many and fat ones disposed of them different wayes part they attributed to themselves part unto the Priests of the Cathedral and they appointed also some share unto the Monasteries with a charge that they should place a Vicar in the Cure giving him a convenient Portion and besides the Bishops Appointment N. 60. Sometimes the Non-parochial Churches appropriated some share to themselves which in progress of times they defended afterwards by Prescription The Princes also applyed some unto the Churches towards which they had the greatest Devotion Charles restored to the People the Liberty of choosing Bishops The People choose Bishops granting that the Clerus and the People ought to choose one of their own Diocess who should be presented to the Prince and when he was approved by him and invested by giving him the Crozier and the Ring he was to be Consecrated by the neighbouring Bishops He restored also to the Monks the Power of choosing the Abbot of their own Monastery Monks choose Abbors He established also that the Bishops ought to ordain those Priests who were presented by the People of the Parishes Charles established also the Pope of Rome in like manner as he had been instituted when the Emperours of the East had the Dominion over Rome N. 61. viz. That the Pope should be elected by the Clergy and by the People Pope elected by the Clergy and the People and the Decree of the Election should be sent to the Emperour upon whose Approbation the Elected was consecrated True it is that Charles being dead when the Emperours of his Posterity were weak in Power or in the Brains the Popes elected by the People caused themselves to be Consecrated without expecting a Decree from the Emperour So did Paschal with Lewis the Son of Charles though indeed he sent afterwards to have it excused that it proceeded not from his will but from the Force of the People who would have it so There have been some called Lewis who have renounced the Faculty of confirming the Pope and therefore they alleage the C. Ego Ludovicus which other men of much Doctrin by many Reasons shew to be false and feigned wherein 't is needless to toyl ones self because that certain it is that Lotharius the Son of Lewis and Lewis the Second his Nephew did confirm all the Popes elected in their Ages In these Times N. 62. and in those foregoing and succeeding when waiting for the Confirmation of the Prince who was sometimes absent that some Months past before the Elected were confirmed and consecrated afterwards He before the Consecration behaved himself not as Pope neither did he administer except that some particular thing whereto urgent necessity constrained to provide for at the present neither was there any other who attended therein as happened to St. Gregory neither was he called Episcopus but Electus Much less did he hold the chief place but the Arch-Priest held it who gave himself this Title also Servans Locum sancti sedi Apostolicae But after the Princes were excluded as shall be spoken of in its place the time was never long between the Election and the Consecration and it was not said that the Election alone gave the Popedom but the Consecration wherefore if any one elected died before he was consecrated he was not put into the Catalogue or number of the Popes as happened to one Stephen N. 63. chosen after the death of Zacharia Anno 752. he was not consecrated and therefore not put into the Catalogue Pope Nicholas the Second for what appears was the first who declared Anno 1059. that if the Pope Elect could not be enthroned by reason of Wars or through the Malignity of men nevertheless he should have Authority as a true Pope to govern the Church of Rome and to dispose of its Goods nevertheless some Reliques remain still for if the Pope makes a Bull before his Consecration he saith not Pontificatus nostri Anno primo but saith a die sascepti a nobis Apostolatus Officii and men have not been wanting upon occasion to say that the Pope ought not to be called Bishop before but Elect neither can he use a Bull and such oppositions were made against Pope Clement the 5th whereupon he Anno 1306 made a Bull where he forbad under pain of Excommunication that no man should expose these Difficulties abroad A campo so that 't is held at present for an Article against what Antiquity believed that by the sole Election of the Cardinals the Pope receives all the Authority N. 64. and therefore the Writers of these times have laboured hard to put into their Number and Catalogue that Stephen of whom we have spoken wherefore they have altered the Number of the other Stephens following calling the second third and the third fourth and so to the ninth which they number to be tenth with much confusion amongst ancient and modern writers sprung up only for the interest of maintaining this Article In the beginning the Government of the Holy Church had altogether a Democratical Form all the Faithful intervening in the chiefest Deliberations Government of the Churuh first Democratical thus we see that all did intervene at the Election of Matthias unto the Apostleship and in the Election of the Six Deacons and when St. Peter received Cornelius a Heathen Centurion unto the Faith he gave an Account of it to all the Churche Likewise in the Council celebrated in Hierusalem the Apostles the Priests and the other faithful Brethren did intervene and the Letters were written in the Name of all these three Orders N. 65. In success of time when the Church encreased in number the faithful retiring themselves to the Affairs of their Families and having left those of the Congregation the Government remained only in the Ministers and became Aristocratical saving the Election which became Popular Then Aristocratical whereupon all Affairs were resolved with Councils The Bishops of the same Province with the Metropolitan assembled at least twice in the year making a Provincial Synod the Clerks with the Bishop made a Diocesan Synod
Abuses in other Churches but not in their own 222 225. Popes Benedict 12 178. Boniface 8. 112. Clement 4 171. Clement 5 181. Clement 6 180. John 22.144 171. Gregory 7 100. Gregory 10 171. Innocent 6 181. Paschal 103. Pius 5 192. Symacho 165. Popes Patrimony what 40. the Revenues of the Church 43. Pacts in matters Beneficiary how Symonaical how not 223. Pensions their Original divers sorts 214. divers sorts 215. mean profits 216. more profitable than a Benefice 217. to extinguish them 236. the People have part in Elections 28 Possessions of the Church 76. Possessors or owners drawn to the Secular Courts 201. Pragmatica is published in France 169. Pius 2d disputeth it 206. maintained by the French Clergy and Vniversity of Paris 206. Lewis 12 revoked it 206. after that be restored it 207.4 Popes Opposed it but in vain 207. Abolished by the Concordate of Leo 10 with Francis 1st 207. Precaria what a Contract called Precarius 71. Q QUestion 's whether Ecclesiastical Benefices are of Divine or Human Right 76. who hath Dominion of Goods Ecclesiastical 84. if the Pope hath Supream Dominion of the Goods and Benefices Ecclesiastick 225. to whom belongeth the Fruits and Revenues of Goods Ecclesiastick 236. Quindennio what it is 177 178. R REgalia what 110. Regresso what it is n. 199. reserved to the Pope only Condemned in France 201. Prohibited by the Council of Trent 211. Resignations their beginning 188. their Lawfulness for Favour 189. Restitutions disputed 238. Reformation of the Abuses of Goods Ecclesiastick difficult but not impossible 2 Remedies of the Court of Rome against the ill observance of the Concordate over the Council of Basil 205. Renuntiations reserved to the Pope only 191. Residence to whom Commanded 139. who Exempted 141. Ordered by the Council of Trent without declaring whether by Divine or Human right 212. Reservations of Benefices Vacant in Court in favour of the Pope 170. Benedict 12 Established them only during his Life 178. Clement the 6th made the same 180. Edward 3d of England Opposed it 180. Mental Reservations by whom introduced 197 198. the Council of Trent did not mention them and wherefore 213. numbring of Benefices reserved to the Pope 220. Robert Bishop of Lincoln Opposeth the Pope curious History 154. S SChism of Bolonia 176. of Florentini 186. of 3 Popes raised by the Council of Constance 194. an other in the Council of Basil 196 the Tenth Age monstrous in the Person of the Popes 72. Seculars provide against the Abuses of the Bishops in dispensing Goods Ecclesiastical with Prohibition to Alienate 165. Simony Opinions of the Canonists about that which is Committed in Beneficial matters 223 224. Synods 65. Spain receives quietly the Innovations of the Court of Rome about Investitures 114. deludes with Prudence the Arts of the Court 115. Spoyles which the Chamber of the Pope receiveth their Original 250. Probiluted in France 251. Paul 3d his Bull thereon 252. and of Pius 4th on the same 253. the right of Spayls 254. Successors is done divers wayes 203. T TEmplars the Institution of this Military Religion and with what Success 121. Temporals of the Church under the Old and New Testament in what it Consists from whence they came 250. Theologues their Sentiments concerning necessary provisions for the Ministers of the Church 82. Titular Bishops without the burden of a Diocess from which they took their Title 55. Titular Benefices without Fruit 198. Titles of Dukes Marquises and Earls given to Bishops 110. Title of a Benefice resigned at pleasure only without Fruit 198. St. Thomas asserts the Pope to be principal Dispenser but not the Patron 86. Tribute the Clergy Exempted from it by the Law of Constance 26. Paid at first by the Ecclesiastick Possessions and remitted by divers Emperors V VAcancies of Benefices in Court reserved to the Pope the Popes use diversely such reserves 156 157. Bishops their Election called by Anselmo Bishop of Lucca Popes 27 60 95 162. their care 38 made Patrons of Church Goods 14 25. their practice 30. Vicars Obliged to perpetual residence 142. Unions of Benefices v. Benefices University of Paris Opposeth the Concordate of Francis 1st with Leo the 10th and appeal to a future Council Z ZEal fals to enrich the Church A TREATISE OF THE Beneficiary Matters OF FRA PAOLO SARPI Wherein is related with the Ground of the History how the Almes of the Faithful were distributed in the primitive Church THE antient Fervor of Christian Charity being grown cold which not only moved Princes N. 1. and private Persons to give temporal Riches plentifully to the Churches but also induced the Ministers of the Church to bestow them holily on pious occasions N. 2. it is no wonder if at present faithful Stewards seem to be wanting and others diligent only in gaining and retaining have succeeded in their stead so that it hath been necessary to moderate by Laws the excessive gaines and a continual desire is kindled in godly men to see the Administration of the goods possessed by the Churches once more restored if not to that antient Exemplariness at least to a tolerable Moderation The Defects which appear to us in these dayes entered not into the Clerical order all together neither grew they so Eccessive at one instant of time but from a supream or rather from a divine Perfection they descended by degrees unto Imperfection which is now manifest unto all and confessed by the Clergy it self and by some esteemed irremediable Notwithstanding that if it pleased God our Lord to give unto his faithful as much grace as he gave to our forefathers we should not loose the hope of seeing the same wonders yet in our Age It is indeed necessary that as by Degrees we came to this depth of Misery so by Degrees we may ascend towards that height of Perfection in which the Holy Church was The which cannot be done N. 3. but by knowing what was the Administration of temporal things from the Beginning and how this good Government came to fail it is particularly necessary before all things to tell how the Church from time to time acquired temporal Riches and how upon each alteration it appointed Ministers to bestow or to possess them which will discover to us the hindrances which in these times prevent a good Reformation and will shew how to overcome them and this is my Design in the present Discourse so ample concerning beneficial matter The beginning of Ecclesiastical Benefices was whilst our Lord Jesus Christ Conversed in this world and their Stock was nothing else but the Oblations of Pious and devout Persons N. 4. which were kept by a Minister and distributed for two works only one for the Necessities of our Lord and of the Apostles preachers of the Gospel and the other for Almes to the Poor All this is clearly seen in St. John where the Evangelist sayes that Judas was he who bore the Purse wherein was put the Money presented
for it proved not dammageble to the Publick nor burdensom to the Commonalty for two Reasons one because Ecclesiastical Goods were finally the Poors of the People and exempting those who had not and leaving the Contributions to those who had wherewithal was alwayes accounted just the other because Exempting a man when he hath little and less than what sufficeth is no Burden unto others Nevertheless no man should infer that the same liberality of Princes towards the Church would be just and Convenient in these times also when it is grown so Rich that it possesseth a quarter and without doubt more than what the remainder of the Persons and this is not laid out any longer for the Poor so that to Exempt them would be contrary to what good Princes have done in Exempting the Rich and in laying their due burdens on the Poor Wherefore the Princes at present are no less pious than those then but the Subject is different For these would also grant Exemptions to the Church if it were poor and those would not have granted it if it had been Rich. The great Devotion of Princes and of the People as it caused the Wealth of the Clergy to encrease abundantly so it excited a great Thirst in the Ecclesiastical Ministers to Multiply it or heap it up from which excess not so much as the wel-minded men were free for seeing how the Distribution of Ecclesiastical Goods fell to the Glory of God N. 20. and to the Common Good they concluded that the more the Church had to Distribute the better it was whereupon they made use of all Wayes and of all Arts to gain Wealth not considering whether the Means they used were Lawful and suitable unto Equity so that if the Effect did but ensue viz. that the Church might gain by any means whatsoever She seemed to have made a Sacrifice unto God And certainly immense and innumerable Evils proceed from this sort of Zealous Persons who do not use Discretion with their Zeal because it seeming to them that every thing sent for A Religious End by what way soever to be Good they oftentimes Act against Piety and against Humanity putting the World into a confusion thus it happened in the Primitive times that the Church obtained Power to acquire real Estates it was believed by some Religious Men to be a Service of God to deprive their own Children and Kindred to give to the Churches for which cause also they Omitted no Art to induce Widdows Damsels N. 21. and other easie Persons to deprive their own Families to leave to the Church The Disorder passed so speedily the Bounds of being overcome that the Prince was necessitated to provide against it and in the year 370 Statute of Mortmain Ao. 370. a Law was made which although it did not deprive the Churches from Acquiring or Purchasing absolutely yet it Prohibited the Clergy from going unto Widdows Houses and Orphans and from receiving by Gift or by Will any thing from Women not only directly but also by means of any third Person Which Law St. Hierome confesseth to have been a Remedy against the Corruptions entred amongst the Clergy and gone too forward in the Desire of getting Temporal Estates neither did that suffice For within few years after that is in 390 Ao. 390. another Law was made that a Widdow who devoted her self to the service of the Church could not give or leave to it by will any real Estate or precious Housholdstuff which is discoursed of at large elsewhere This Excess of getting was not very pleasing to St. Augustin N. 22. who lived in those dayes for he openly declared that it pleased him better that Inheritances should be left to the next of Kin than to the Church and indeed he refused some Inheritances left unto his Church saying openly the Ecclesiastical Ministry consisted not in Distributing much but in Distributing well Likewise he reproved a new way the Church had of purchasing found out in those dayes which was buying real Estates with the Advance made upon the Incomes or Rent which way that Holy man alwaies abhorred neither would he ever permit it in his Church for he declared in his publick Sermons that he had rather live upon the Oblations and Collections which were wont to be made in the Primitive times of the Church than to have a Care of Possessions which were burdensome to him and hindered him from attending intirely upon the Principal Charge of a Bishop that is of Spiritual things adding further that he was prepared to renounce all Possessions N. 23. if a livelihood were provided for the Servants of God and Ministers as in the old Testament by way of Tythes or of other Oblations without being subject to the Distraction which the Care of Earthly things brought along with it But for all the Checks of the Holy Fathers through their good Exhortations and of the Princes by their good Laws the Ecclesiastical Goods could not be hindered from encreasing above what they ought only the ancient manner of Governing and of bestowing them remained and lasted till the year 420 without any notable Alteration Besides all the Oblations and other Ecclesiastical Incomes proceeding from Real Estates were in Common and governed by the Deacons by the Sub-Deacons and by other Steward 's their Assistants and Distributed for the Maintenance of the Ecclesiastical Ministers and of the Poor the Colledge of Priests and the Bishop were principally the Intendants and in short an Account of all Receits and Disbursments was kept so that the Bishop Disposed of every thing the Deacons Executed it N. 24. and all the Clergy lived upon what the Church had although all did not administer St. John Chrisostome makes mention that in those dayes the Church of Antioch fed above 3000 Persons at the Publick Expence 'T is also a thing certain that the Church of Hierusalem bore the Expences of an infinite Multitude of Persons which happened there from all parts of the World It is Recorded in Histories that Atticus Bishop of Constantinople Assisted the Church of Nicea in Bithynia by reason of a great Concourse of poor People in that City which were Numbred to 10000 in one day But after France Spain and Africa were divided from the Empire and erected into distinct Kingdoms and the Succession of Theodosius Extinct Italy after the Inundation of divers Barbarous People being fall'n into the hands of the Kings of the Goths Division of the East from the West and the East divided from the West the Churches were also differently Governed the Eastern Church followed the Common Government already instituted N. 25. In the Western the Bishops by Administrators and Superintendents began to make themselves Masters and to Govern the Goods of the Church in an Arbitrary manner from whence proceeded a great Confusion in the Distribution of the said Goods and chiefly to the Dammage of Buildings which fell to Ruin and of the Poor who were
forsaken For which Cause about the year 470 't was ordained in the Western Church Ao. 470. Division of Goods Ecclesiastical that four parts should be made one should be the Bishops the second for the other Ministers the third for building of the Church which Comprehended not only the Building of the Place where the People met together but also the Habitations of the Bishops and other Clergy-mens and of the sick and Widdows and the fourth for the Poor But these Poor amongst most of the Churches as St. Gregory relates were meant only the Poor of the place because all the Hospitality belonged to the Bishop page 26. who upon the Expence of his own Portion was Obliged to Lodge the Forraign Clergy and to feed the Poor which came from abroad Yet 't is not to be believed that this Division was in four Arithmetical and equal Parts but Proportionably because in some Churches the Number of the Clergy required that their Expences should be greater than for the Poor on the contrary the great Number of Poor and the small Number of Clergy-men required otherwise even as in the greatest Cities the Charges of Building was great but not so in the ordinary ones because every Church accepting the Decree of Dividing into four parts made the Divisions with different proportions according to their own different Necessities I know that some do attribute this Division to Pope Sylvester who was 150 years before grounded upon some feigned Scriptures after with little Honour to that Age which was not then much Polluted In the Theodosian Codicil Ao. 359. there is found a Law of Constantius and Julian page 27. in the year 359 Exempting the Marchant-Clergy from paying Custome or Tribute because what they gained was the Poors so far are we that the Church Goods should be Divided that they left their gains in Common Ao. 550. but in these years which were about 500 although the Rents were Divided into four parts yet the Estates were not Divided neither the real Estates nor the Oblations and Almes but all Governed together by the Deacons and Sub-Deacons and the Incomes Divided into four Parts which thing hath been necessary to be mentioned in this Place because in Succeeding times there will be declared such a change of Government which in and through all things proved Contrary to the Antient as also the Manner of Chusing Ministers was as is abovesaid Instituted by the Holy Apostles that Bishops Priests Election of Bishops 〈◊〉 and other Ministers of Gods Word and the Deacons Ministers of Temporal things should be Elected by the Vniversality or Generality of the Faithful and should be Ordained by the Bishops with laying of Hands on the Head a thing which lasted without alteration The Bishop was chosen by the People page 28. and Ordained by the Metropolitain in the Presence of all the Cumprovincial Bishops or else by their Consent granted by Letters from those who could not be present and if the Metropolitain was hindred the Ordination was made by three of the Neighbouring Bishops with the Consent of him and of those that were Absent And after that many Provinces for a better Form of Government were Subject to one Primate his Consent was also required for Ordaining Then the Priests Deacons and other Clergy-men were presented by the People and Ordained by the Bishop or else Nominated by the Bishop and with the Consent of the People Ordained by him An unknown man was never received neither did the Bishop ever Ordain one who was not approved of and Commended or rather presented by the People and the Consent or interveening of the People was Judged so necessary that Pope Leo the first treateth amply that the Ordination of a Bishop could not be valid nor Lawful which was not required or sought for by the People and by them approved of N. 29. which is said by all the Saints of those times and St. Gregory esteemed that Constance could not be Consecrated Bishop of Milan who had been Elected by the Clergy without the Consent of the Citizens who by reason of Persecutions were retired to Genoa and prevailed that they should be first sent unto to know their Will a thing worthy of being noted in our dayes ☜ when that Election is declared to be Illegitimate and Null where the People have any Share Thus things are changed and passed into a quite Contrary Custome calling that Lawful which then was accounted Wicked and that Unjust which then was reputed Holy Sometimes when the Bishop was grown Old he nominated his own Successor Thus St. Augustin nominated Eradius but that Nomination was of no value unless it were first approved of by the People all which things are necessary to be kept in mind to compare them with the Customs and Manners which were seen to be practised in subsequent times 'T is necessary now to make a little Digression for a new Cause N. 30. which hath brought a very great Encrease to Ecclesiastical Estates and sprang up in these very times about the year 500 and this was another sort of Religious Colleges called Monasteries Ao. 500. Monasteries Monkery Ao. 300. Monkery began in Aegypt about the year 300 those who fled from the Persecutions and from thence past into Greece where by St. Basil about the year 370 it was formed in the manner which yet continues in those Countries But in Italy about the year 350 it was brought to Rome by Athanasius Ao. 350. where he had but few followers and little Applause in that City and in the Neighbouring Places until that time of about the year 500 when St. Equitius and St. Benedictus gave it a setled Form and difused it though indeed the Institution of St. Equitius Extended it self but little and soon fail'd but that of St. Benedict spread it self all over Italy and went beyond the Mountains Monks nor Clerks but Seculars The Monks in those dayes and for a long time after were not Clerks but Seculars and in the Monasteries which they had without the Cities they lived upon their own Labours of Husbandry and other Arts together with some Oblations made them by the Faithful all which was Governed by the Abbot But in the Cities they lived by their work N. 31. and by that which was appointed for publick Expences by the Church These retained their Antient Discipline much longer The Clerks after the Stock of the Church was divided lost sufficiently of the Peoples Divotion whereupon there were few who either gave or left any more Goods to them so that the Acquisitions and Purchases of the Church would have been at an end But the Monks continuing the living in Common and in Pious Works were cause that the Liberality of the People was not extinguished but forsaking the Clerks turned towards them who were greatly Instrumental in Encreasing Ecclesiastical Wealth and in progress of time augmented greatly in Possessions and Incomes given to them and
given to the Portions of Ecclesiastical Estates or to the Right of Possessing them because they were given by the Prince as Bishopricks or by the Bishop of whose Consent and Concession other Livings are bestow'd and also because Clergy-men are Spiritual Souldiers keeping Guard and exercising a Sacred Warfare The Abbeys beyond the Alps were at last made more ample and more Rich Abbeys by reason the Masters of the Pallace assumed to themselves the Authority of making the Abbot Maestri di Palazzo and that with a reason apparent enough because the Monks then as hath been said were Laymen without any Ecclesiastical Ordination N. 46. It is true they did not alwayes give him to them but sometimes out of favour he granted the Monks leave to choose themselves one But in Italy the Monasteries being not very considerable in wealth Ao. 750. untill the year 750. the Kings of the Goths then the Emperors and the Kings of the Lombards made no great Accompt of them whereupon the Election was left to the Monks with the sole superintendency of the Bishop But the Bishops sometimes being intent to grow great they molested the Monasteries too much wherefore the Abbots and Monks desirous of freeing themselves from that subjection Exemption found a way by having Recourse to the Bishop of Rome that he might take them into his immediate Protection and exempt them from the Authority of the Bishop This was easily consented unto by the Popes making use of them as well to have other persons in Cities immediately depending on them as to amplifie their Power over the Bishops it being very important that a Corporation so Notable as were the Monks who in those times almost wholly attended on Learning N. 47. should depend totally on the See of Rome A Beginning being made of these Exemptions all the Monasteries in a very short time remained united to the See of Rome and separate from their Bishops In France the Bishops made by the King and much more those who were made by the Masters of the Pallace the Kings Authority being lessened betook themselves all to Temporal things which the Abbots did likewise who furnished the King with Souldiers and went to the Wars in Person not as Religious men to perform the Offices of Christs Ministers but Armed and fighting also with their own hands for which cause they were not content with the fourth part of the Goods but drew all to themselves Whereupon the poor Priests who Administred the Word of God and the Sacraments to the People in Churches remained without a livelyhood wherefore the People out of their Devotion Contributed unto them part of their own Estates which being done in some places more liberally N. 48. and in others more sparingly Querimonies or Complaints arose about it sometimes because when 't was often treated how much that should be which was to be given to the Vicars or Curates it went for a Common Opinion to be convenient after the Example of Gods Law in the old Testament to give the Tenth Tythes which being Commanded that people by God it was an easie thing to represent it under the Gospel of Christ as due also though indeed nothing else be said of it by our Lord and by St. Paul but that necessary maintenance is due from the People to the Minister and that the Minister or the Labourer is worthy of his hire and he that serves at the Altar ought to live by the Altar without prescribing any determinate quantity because that in some Cases the Tythe would be but little and in other Cases the hundreth part would suffice But because this is a clear thing and that hereafter we have need of handling it more diffusedly I 'le say no more now but that in those dayes and for an Age afterwards N. 49. the Sermons which were made in Churches excepting the Matters of Faith tended to nothing else but to Proofs and Exhortations to pay Tythes a thing which the Curates were forc'd to do both for need and for utility or profit and in the Amplifying as it behooved like an Orator they went often so far that they seemed to place all Christian Perfection in paying of Tythes of which not well Content and the Praedials not seeming sufficient for them they began to hold the Personals also for necessary that is what a man gains by his Labour and Industry of Hunting of all Arts and Handicrafts and also of the Military pay Of these Sermons many being found without the Authors Name some through Error or on purpose were attributed to St. Augustin and to other Antient writers But besides that the Stile shews they were made about the year 800. Histories are clear that neither in Africa nor in the East they never paid Tythes and that their Beginning N. 50. sprung up in France as hath been said I 'le pass unto Italy No man ordained without a Title where for several hundreds of years no man was ever Ordained to whom there was not appointed both his proper and special Office and Charge unless that some man famous in Doctrine or in Holyness who to attend on his Sacred Studies refused to be applyed to any particular Cure the Priest was Ordeined without giving him any proper Parish on which he might attend St. Hierolamo was Ordained Priest of Antioch and St. Paulinus at Barcelona and this occasion eccepted Olim no distinction between Ordination and Benefice Antiquity knew of no Distinction between Ordination and Benefice and Ordaining was then the same thing as to give an Office and the Right of having ones Livelyhood from the Common Goods of the Church But afterwards that in the Confusions which Wars had caused in States many worthy and good Clergy-men were driven from their Ministry they recover'd or had Recourse to some other Church where they were received and maintained as their own Clerks at the Common Charges N. 51. and sometimes some Minister of that Church happening to fail by Death or otherwise his Office was appointed him to be Minister therein and that Clerk was then said to be Incardinated whereas he who had first been exalted to an Office Cardinals Incardinato Cardinato was said to be Ordinated or Ordain'd thereunto but who being dispossessed of his own and provided with another was called Incardinated This manner began in Italy before the 600th year of Christs Birth when through the Incursions of the Lumbards many Bishops and other Clergy-men were driven from their Charges for which cause when such like Offices were vacant in other Churches they were Incardinated therein and the Bishops were call'd Episcopi Cardinales and the Priests Presbiteri Cardinales Those who were driven out from their own places having Recourse to the Churches of Rome and Ravenua which were the Chiefest and Richest in Offices and Ministeries N. 52. those Churches I say as most Rich and most abounding received most of those Strangers and therefore they had more Cardinals
which was also received in the abovesaid Churches because by that means they gain'd from all places the most notable men as is done in these dayes and therefore they very Seldom Ordinated any of their own but very often Incardinated strangers whereupon it remained that in those two Churches all were called Cardinals In that of Rome the name remains still in that of Ravenna it lasted until the year 1543 when Paul the third by one of his Bulls abbrogated the name of Cardinal in that Church thus the name of Cardinal which declared Infirmity changed the signification and became the name of the greatest Dignity and is come to be said they are Cardinals that is Cardines orbis Terrarum and that which had neither degree nor order in the Church but brought in by chance is raised to the Greatness and Dignity wherein we see it now adayes But he that shall consider or look upon the Councels held in Rome where Italian Bishops N. 53. and Roman Cardinal Priests did Interveen shall see that the Cardinals did alwayes underwrite after the Bishops Cardinals inferior to Bishops and that no Bishop was made a Cardinal Priest in succeeding times The first Bishops made Cardinals were some chief ones driven from their Churches as Conrad of Mentz driven out for a Rebel by Frederik the first Emperor was embraced by Alexander the third Cardinals no Habits to distinguish till 1244. Red Hat Red Cap. and made Cardinal of Sabino Neither had the Cardinals of Rome any Habit or Token of Distinction until Innocent the fourth in the year 1244 who upon Christsmass Eve gave them the Red-hatt to which Paul the second added also the Redcap the Regulars Excepted But Gregory the 14th in our dayes granted it to them also This little Narration hath been necessary because that upon a Dignity which at present is Supream in the Church and for which it seems sufficient Titles could not be found the present Pope Vrban the 8th by a peculiar Bull hath reduced them to Eminency From the Beginning until a little before the year 500 N. 54. as hath been said every Clerk was Ordained unto some Office and lived upon the common Maintenance No Ordination without a Benefice till afterwards after the Benefices were made 't was the same thing to Ordain it and to appoint the Office of exercising and the Benefice from whence to receive their Living none being Ordained without a Benefice but in Progress of time when there appeared any person fit to Act the Clergy-man although there were no Room or Benefice vacant not to lose that Subject or Person the Bishops Ordained him without any Office or Title and therefore without Benefice also in Expectation that one might become vacant and those men Ordained without Title did help or assist those who had Livings from whom they received their Maintenance But in progress of time this sort of Clerks Ordained without Title or Benefice grew to such an excessive number Inconveniencies from Ordination without a Title and the Charity of the Beneficed in giving them Maintenance being much lessened that a multitude of Indecencies and Scandals arose that it behooved to provide for them by Laws and constrain the Bishops who Ordained without Title N. 55. to furnish the Ordained with a Livelyhood and these Provisions which were Established in the Beginning somewhat still'd the disorder which nevertheless sprang up again ere long and being often supprest alwayes returned whereunto two things have given a joynt cause one was the desire many men had of making themselves Clergy-men to enjoy the Exemptions and to free themselves from the Subjection of Princes the other the Ambition of Prelates of having a sufficiency of Subjects whom they might Command which Disorder is not yet well provided for it causing many Indecencies in several Kingdoms and making the People to lose their Respect for Religion The Episcopal order hath been no less exempt from this Inconveniency but bishops have been Ordained with a Title only or with a name of Derision hold nothing yet they are not vulgarly so treated or styled as other unbenefic'd Clerks for though indeed they Ordained Priests N. 56. Deacons and other inferior Ministers without Charge either in fact or in name yet 't was never usual until now to Ordain a Bishop without a Diocess from whence he was denominated wherefore if a City were assigned him possessed at present by Infidels from whence he takes his name and no Christians being there the Bishop ordained remains with a Name only without People and lives by serving some great Bishop who cannot or accounts it a thing inferiour to him to exercise by himself the Episcopal Functions There was a great number of such Titular Bishops before the Council of Trent now 't is much lessened But because the Jesuit Fathers at present propose a question Whether the Pope can ordain Bishops without any Title either true or feigned as Priests and Deacons are ordained and they decide that he may God grant that this Power may not be put in practice lest the Reverence to that Order should be lost N. 57. which heretofore was great towards all Ecclesiastical Orders when none was ordained but he that was appointed to an Office as hath been said for which cause all of them resided or dwelt upon their Charge which could not be left vacant Residence and Non-residence there being none to supply it all being occupied in their own in like manner the distinction of Benefices was unknown which sought for Residency and sought it not and whether the Benefice were rich or poor either of a heavy or of a light burthen it behooved that the Possessor should serve it personally But after they began to ordain without Title the Titulars having who to put in their room the charge was left to one with some small Provisions for attending and they attended on somewhat else So in France the Bishops served the Court and the Parishes also somo poor Priest being substituted They began to provide against the Disorder not with Laws and Constitutions but by punishments of Censures and of Privations so that in the times whereof we speak N. 58. that is immediately before the year 800. they were refrained by these chastisements but so that the Division of Benefices as also the Ordination of non-Titulars and the Provisions for the Residency did not pass without some diversity between place and place even in the same Church it passed not without some variation caused indeed by the different minds of the Bishops who succeeded one another as also through divers Provisions made from time to time by Princes to prevent the disorders caused by the willing of too much in some Clergy-man Troppo volere or by the impatience of some popular man who could not see himself totally excluded from Ecclesiastical affairs Much Alteration happened unto Charlemain who having reduced under his obedience Italy France and Germany
Provincial Synod Diocesan Synod Consistory and they held an Assembly almost daily which was called the Consistory in imitation of the Assembly of the Emperors Counsellors to which that name was given In the Ecclesiastical Consistory the Chief of the City Churches did intervene with the Bishop a thing grown out of use in all places only in Rome the Image remains There they proposed discussed and resolved all Ecclesiastical Affairs but after that Benefices were erected the Priest having his Living separate took little care of the Common Affairs and ceased from intervening in the Consistory N. 66. whereupon that grew out of custome and instead thereof the Bishops made an Assembly of all the Clerks of their Cathedral Church to make use of them as well for Councel as for Ministers in the Government who receiving the Share of their Living from the common Mass or Stock every year every month every day from whence they were called Canons Canons from the word Canon which in the Western Empire signified the measure of wheat which sufficed for a Private mans food or for a Families or for a Cities and this Institution of Canons did a little precede the times of Charlemain by whom they were also better settled Here it is also requisite to be noted that in those times by reason of the Wealthiness of the Benefices they created for Bishops the chief men of the Court and of the City to whom the Prince likewise committed a great share of the Political Government first extraordinarily and then seeing it succeeded well N. 67. ordinarily though not in all Gities after the same manner but according to the Occurrences of the place and to the worth or goodness of the Bishop and also according to the little aptness of the Lord or Earl Câ—nte who was sometime supplied by referring unto the Bishop which was the cause that when the Posterity of Charles was afterwards degenerated and plunged into the depth of Ignorance the Bishops thought it better for them not to acknowledge any more that Authority of the Prince from whence it came but to attribute it to themselves only and to exercise it as a Peculiar of the Bishops Ecclesiastical Jurisdiction and to call it Ecclesiastical Jurisdiction And such was the Beginning of that which we now see contended for with Princes and which puts a little confusion sometimes in the good Civil Government The Affairs established by Charlemain had no long duration N. 68. through the little worth of the Princes of his Posterity who held the Empire whereupon beyond the Alps things easily returned to their first Abuses the People in few places and very seldom had any share in the choosing of the Bishops and not much in the choice of the other Ecclesiastical Ministers but the Bishops ordained and gave Benefices to whom they pleased except when some man was proposed by the Prince in which case they failed not to obey The Pope of Rome was always elected by the People and confirmed by the Emperour afore he was consecrated and the other Italian Bishops were not consecrated unless the Emperour had first approved of them In France and in Germany much more If the Pope was willing to favour any one in the Neighbouring Bishopricks of Rome he had recourse to the Emperour beseeching him he would vouchsafe to give him the Bishoprick and if any instance were made to him that he would grant the Consecrating of any one who had not the Emperours Letters he refused to do it bringing to mind they should be first obtained But the Posterity of Charles being driven out of Italy in the year 884. N. 69. Adrian the 3d. made a Decree that the Pope should be consecrated without the Emperour It was not besides the Argument that having designed to treat of Benefices we have discoursed of the Popedome and are yet to discourse of it for the future That being one amongst the Benefices and especially named for a Benefice by Clement the 3d. in a time when the Popedome of Rome was not only ascended to its heighth of Greatness but had also some peculiar Dignities to distinguish it from others And 't is a most noted thing Pope that antiently the name of Sanct us Sanctissimus Beatus Beatissimus was common to all the Faithful in Christ when all men still aspired to perfect Sanctity afterwards that Secular men had attained to much more conveniencies in worldly Affairs these names remained amongst the Clerical Order and after the declining of the inferiour Clergy they remained amongst the Bishops only N. 70. Finally the Bishops being given to worldly Affairs they remained to him of Rome only who hath retained them since not as Titles of Goodness as they were but as Titles of Greatness The Names of Pontifex Pope or Chief Priest were and are common to all Bishops yea there are yet some Canons extant wherein all Bishops are called Chief Priests The name of Papa or Pope which seems the most proper was given to each Bishop St. Ciprian Bishop of Carthage was called Pope St. Hierome gives that Title unto St. Augustin but in times much more recent Sidonius Apollinare called many Bishops Popes and is called Pope by them Many Canons are in the Decree of Gratianus in the Inscription whereof Martin Bishop of Bracara in Portugall is called Pope Gregory the seventh in the year 1076 The name of Pope First made peculiar to the Bishop of Rome by Gregory 7th was the first who Decreed that the name of Pope should be peculiar to him and not attributed unto others and it proceeded so far in Opinion not to say in Faction that Anselmus Lucensis one of his followers said that the Plural of the name God was no less improper and impious than that of Pope But returning to the times which followed the Line of Charlemain N. 71. In France was a Fashion invented which though it appeared in favour of Secular men the Churches thereby encreased unto immense Riches and this was a Contract called Precarius Precarius by which Precarius to whomsoever that gave his own to the Church the Church granted him to possess the same in his Life-time and twice as much besides and if he would divest himself of the Usu-fruit also they gave him to enjoy three times as much of other Goods of the Church afterwards this went over into Italy also The Contract for that time proved profitable to him who tripled his Incomes and accommodated those who were without Posterity or who took care for the present without caring for Posterity but indeed the Profit was the Churches who after his Death got the Estate entirely Great Confusions in Italy followed upon these times as well in the Civil Government as in the Ecclesiastical and specially in the Popedome unto the year 963 wherein for 80 years N. 72. none sought after a true Form and Face of the Churches Condition but only for a
who is Supream in his State which according to Seneca may be called Dominion of Empire or else according to the Doctrine of the Jurisconsults Dominion of Protection and of Jurisdiction Another each private man hath which is the Dominion of Propriety whereof we speak and wherein we now make enquiry one cannot say that God hath the universal Dominion of all things but that he hath therewith the Propriety of those Goods as the King hath the universal in all the Kingdom and nevertheless he possesseth in Private and hath the Propriety of that Portion which belongs to his own House N. 86. Wherefore one may make an Addition to the universal Dominion of the Prince with the Particular of Propriety whereby it encreaseth and is Augmented but Gods Dominion hath an universality so excellent and so infinite that it can receive no Addition and repugneth to be particularized as it also repugneth to be Communicated to any Creature whatsoever therefore no man can say God being Master of these Goods I who have the same Tribunal the same Consistory and the same Court as he I am Master also but rather he is no less a Servant of whomsoever is least Notwithstanding others vending or uttering freely without fear say Pope Dispensator not Dominus that the Pope is Master and hath the Dominion and this they prove by the Decretal of Clement the 4th that the Plenary Disposition of all Benefices belongs to them St. Thomas opposeth himself to this opinion in saying that the Pope indeed may call himself chief Dispensator but in no wise may he be called either Master or Possessor N. 87. which Doctrine Cardinal Gaetanus explaineth adding that the Pope cannot give nor in any wise dispose of Ecclesiastical Goods but only do with them as much as may be done being upon the Term of Dispensator And Gaetanus's Reason is very clear and Efficacious these Goods were at first belonging to a Master who hath transferred his Dominion by Donation or by Testament but none of these had ever Intention to give or leave to the Pope therefore the Dominion hath not passed unto him wherefore the same Gaetanus and Adrian 6th Pope say that the Dominion of Estates is in the Church that is in Generality or Vniversality of the Faithful of the place to which the Goods or Estates is left so that the Dominion of the Goods of the Roman Church is in the Universality of the Romans 'T is known by all that Universality in Right is like a Person capable of Possessing in which manner it is said such a thing is common to the City that is no mans in particular but all mens together They leave many Wills after this manner N. 88. as I leave to the School of St. Rocco Rocco to the Monastery of the Fryers c. This Doctrine is very well Confirmed by the Antient Custom of the Church and by the manner of speaking of the Canons There is no doubt that if they were to denominate Estates in Land by the name of a Person they would denominate it from him who hath the Dominion but all the Canons and the Antient Custom calls them Church Lands or Goods therefore she hath the Dominion of them neither have those any other opinion who say these Goods are Christs because all the Christian Churches from most Antient times have been denominated not only from the name of the City but also from the name of him who hath been the first and the most famous Bishop therein as the Roman is called St. Peters that of Alexandria St. Marks that of Ravenna St. Apollinare's whereupon the Lands of those Churches took the name of the same Saints and the Lands of the Roman Church are called St. Peters wherefore these kind of Phrases are Read amongst all the Antient Writers N. 89. viz. St. Peters Patrimony St. Peters Lands the Possessions of St. Peter the Patrimony of St. Apollinare the Revenue of St. Apollinare c. And because Christ is universal Head and Protector of all Churches that which belongs to the universal Church and to any particular Church is called Christs Patrimony Christs Goods or Lands c. which signifies so much as belonging to the Church whose Head Christ is Not otherwise that the Lands of the Republick of Venice are called St. Marks that is belonging to that Republick which bears St Marks name And truly that universality of the Church was Mistress of all that was gained when the Clergy-men in each Diocess were in Common because all Donations and all Testaments were made thereunto Certain it is that these Estates were not neither could they be Purchased but by him to whom the Law granted the Power of Purchasing but the Laws of Constantine granted that Donations might be made to the Christian Colledges N. 90. that is to the universality of the Christians which were in Cities then the Dominion belonged to those Colledges but after the divisions were made and the Benefices Instituted Legacies or Donations were made unto particular Churches or rather for the most part for some particular Pious work in those Churches wherefore it cannot be said who is the Master of any thing whatsoever without seeing the Bequeathing of the Wills and of the Donors whereto we being to speak fundamentally we can say no more but that Prelates and other Clergy-men are the Governors Administrators and Dispensators of the Church Goods to do therewith according to the Bequest of the Donor or the Leaver and not otherwise and that Person is Master either Particular or General in favour of whom the Donation or the Legacy was made Wherefore also every Rector of a Church ought to see diligently after the obligations left him to perform and if it be done otherwise it must be imputed to humane Imperfection no man can be perswaded that through length of time N. 91. he may have a Prescription because that Presupposeth a good Faith which never was in any man every one knowing in his Conscience that those goods were not left to be done with as they do But in whose Dominion shall those Church-Lands be whose Institution is not known The Natural and the Civil Law is that in those whose private Patron or Master hath totally failed the Community shall Succeed therefore the Church must remain Mistress thereof So that in few words men who are beneficed are Dispensators of the Goods of the Benefices but Master he is not in favour of him who made the Donation or the Will and if it be not known the Church remains Mistress 'T is no obstacle hereunto that there be Princes Laws and Ecclesiastical which forbid Alienation for the Pupill is true Master of his own and yet he cannot Alienate N. 92. Dominion is a Right of doing what one will with a thing when the Law permits which binds some sort of Persons with Conditions who have need of the Government of others such is Vniversity or Community No man ought
to wonder if so many modern Writers in such like Questions as in this which makes the Pope absolute Master of all the Benefices and of all Ecclesiastical Estates do defend Opinions contrary to Antiquity and contrary to those Institutions which had their Rise from the Apostles themselves and from Apostolical men because that as St. Cyprian very sensibly Complained that it is one of the Imperfections of man that whereas Customs should be Conformable to good Doctrine and to Laws on the contrary the Doctrine of Interessed men accommodates it self to the Customes and it is observable that in all the course of so many Ages there hath been no Novelty introduced even concerning Religion but immediately it hath met with Defenders What a wonder will it be N. 93. that this should happen in those Novelties and Introductions which serve for Wealth Ease and humane Concerns whereunto many may aspire The Confusion which was in Italy in Politick Affairs by reason of so many Kings and Emperors which were made in those times caused also an extream disorder in other Cities about Ecclesiastical Affairs Bishops and Abbots being sometimes made by Princes and sometimes intruded by their own Power and other Ecclesiastical Ministers likewise were sometimes made by those who bore sway in the Cities and sometimes by the Bishops and now and then Benefices were Possessed by him who had Power or popular Favour In the year 963 Otho a Saxon brought his Arms into Italy and became Master of it and to give Form unto the Government he Assembled a little Council of Bishops deprived Pope John 12th who being made Pope in his Minority under the Age of 18 by the chief of the Roman Nobility and by a great Concourse in that City N. 94. and lived in the Popedome Committing Adulteries Perjuries and other irreligious Customes Otho made him to be renounced by the People and by Pope Leo the 8th Created by him instead of John The Authority of creating the Pope and the other Bishops in Italy he retained and his Son and his Nephew of the same name unto the year 1001 for the space of 36 years and during the number of twelve Popes which were in that time Two of them were Created quietly by the Prince the others in Seditions for which cause the first Otho carryed one Prisoner into Germany and Otho the third carryed another one was strangled by him who had a mind to be made in his Room one run away having Robb'd the Treasury of the Church Ornaments and another withdrew himself into a voluntary Exile so that in these years we meet with Popes yet as Baronius saith Scontriame they are in the Catalogue only to fill up the Number for as to the Rest the Church had no other head but Christ. The other Bishops and the Abbots were Created by the Emperors without any Contradiction N. 95. and the manner was that when a Bishop dyed his Crosier-Staff and his Ring were carryed to the Emperor who having determined on whom to bestow the Benefice he invested him by giving him the Ring and the Staff upon Receiving of which Tokens he went into Possession and got himself Consecrated by his Metropolitan or by the Neighbouring Bishops which Custom was observed also in France and in Germany Other smaller Benefices were Conferr'd by the Bishops or by the Abbots under whom they were unless the Prince Nominated any one to a Vacant Benefice For to such a one it was given without any Reply or if he were Recommended by the Prince to have a Benefice when it should be Vacant who by reason of that Expectation granted by the Prince came to be provided by the Bishop with the first Vacancy Thus did the Otho's Govern without Contradiction from the Popes although the second of them dwelt a very long time in Rome where he dyed also and was buryed After the Death of the Othos N. 96. there was preserved among the Succeeding Emperors the same Power of Bestowing of Bishopricks and Abbeys and also of Nominating unto inferior Benefices or else of giving Expectancies of Benefices which were to become Vacant Indeed the Imperial Authority diminishing in Rome the Confusions returned into that Church for the People having reassumed the Authority of Electing the Pope and chose three of them quietly Benedictus Octavus and John the 20th Brethren were Elected one after another with some shew of Faction and this last being dead Benedictus 4th their Nephew was Chosen at 12 years of Age who besides many other Excesses sold a part of the Popedome to one Sylvester the 3d and another part to Gregory 6th and all three sate in Rome at the same time with much Confusion chiefly that this Gregory having Armed himself with Souldiers Foot and Horse N. 97. and with great slaughter gotten the Possession of St. Peter's Church he enlarged his Part by Arms wherefore the Emperor Henry the Black went into Italy put Benedictus to Flight sent Sylvester away Banished Gregory into Germany and deprived the People of Rome of the Power of making any more Popes And he made three Popes successively all Germans by Nation who being chosen by the Emperor took upon them the Pontifical Habit and Ensigns without any thing else the third who was Brunus Bishop of Zul having by the Emperors Deputation taken upon him the Habit in Trisinga and therewith taken his Journey as far as Clugni Hildebrand a Monk Foster-Son of St. Peters Church in Rome a man of singular subtilty would by Art restore the Election to the Romans Counsell'd Brunus who Cloathed in his Pontifical Habit was call'd Leo 9th to Cloath himself like a Pilgrim and so to go to Rome and that he would be more acceptable to the Roman People N. 98. Leo Consented and entred Rome in a Pilgrims Habit and by the Suggestion of Hildebrand was Proclaimed Pope of Rome by the People But this Art did not prevent the Emperor when Leo was dead from chusing in Mentz Geberard of Aichstat who immediately put on the Habit and was called Vector the second the Emperor then did not only bestow Benefices but also made Constitutions against those who obtained them by Symonie Pardoning the Errors Committed until that time and Imposing Penalties for the Future Henry the Black dying left the Empire to his Son Henry the 4th who Succeeded him in a tender Age during whose Minority although the Popes were Created by the Consent of the Emperors Tutors and the Bishops and the Abbots were Invested by him with the Ring and the Crozier Staff the Popes nevertheless making use of the Occasion gained by little and little some greater Liberty adhering also to one side or party of the Tutors who differ'd about them and made Factions whereupon Nicolas 2d N. 99. made a Constitution about the Election of the Pope Ordaining it should first pass through the Cardinal Bishops then should be proposed to the Cardinal Clergy-men in the third place to the Clergy and
of Goods of Wives and of Children engaged themselves in this Warfar and selling their own went beyond Sea yea the very Women without having Respect to their Childbearing sold their Goods to contribute towards the War The Popes with their Priests and other Prelates received under their Protection the Houses and the Affairs of the Cruci-Signati so were called those who went to the War and that brought to the Churches such an encrease as is wont to bring the being Tutor N. 120. Curate or a Procurator for Widdows Orphans and Persons under Age neither could the secular Magistrate so much as think of defending any one for Terror of the Censures which they made use of without sparingness A great Point was added which Eugenius the third Constituted that for this Pious work every one might alienate the Fee-Farms he held which if the Patron could not receive yet against his Will they might be taken by the Churches which opened a broad way to the purchasing very largely It happened also that the Popes of Rome made use of the Armes prepared for the holy Land in some Enterprise whereby they augmented the Temporal Estate of the Roman Church And also the Popes Legates and the Bishops of the place where the said Arms were met together to unite themselves for the Voyage they made use of them for divers Augmentations of the Churches Temporality There being also offered and gathered a great quantity of money N. 121. taken from the Faithful especially from Women and others who were unfit to serve in the Wars personally likewise to free ones self from a vow made as also to obtain Indulgences and other Grants all was not spent in that War no doubt but some Prince might partake of it but a notable share remained still in the hands of the Prelates whereby Ecclesiastical Affairs made some Augmentation After this were instituted the Military Religions of the Templars Hospitallars c. for the defence of the Temple Built at Jerusalem for the Pilgrims who went thither and for to fight against the Saracens which although it was a new thing to institute Religions for the shedding of blood yet it was received with so much Fervor that in a very short time they gained great store of Wealth All these wayes brought great encrease of Riches to the Church There was also another way of giving a very notable encrease to the Wealth of the Church or Clergy-men N. 122. the Reviewing well the matter of the Tythes and where they were not paid to proceed with Censures that there should or ought be paid not only the Predials of the Fruits of the Earth but mixt Tythes also which are the Fruits of Cattel Reviewing of Tythes added more Riches and likewise the Tythes of Personal Industry and humane Labour Unto the Tythes were the first Fruits joyned also First-Fruits which were first instituted by Alexander the 2d herein imitating the Mosaical Law which commanded that People to pay them the quantity of them was not Established by Moses but left to the Arbitrement of the Offerer The Rabiâ—s afterwards as St. Hierome Testifies determined the quantity which was not more than the 60th nor less than the 40th which indeced hath been imitated by ours in the most profitable manner having setled the 40th which in our times is called the Quartese Alexander the third about the year 1170 determined that they should proceed with Excommunications to cause the entire payments for the Tythes of Mills to be made N. 123. and of Fishing of Fur of Wooll and of Bees and that the Tythes of every thing should be paid before the Charges made for the gathering of the Fruits should be deducted and Celestin the 3d in the year 1195 established that they should proceed with Excommunications to cause payment to be made of the Tythes not only of the Wine Corn Fruits of Trees of Gardens of Sheep of Merchandize of Souldiers pay of Hunting but also of Windmills All these things are expressed in the Decretals of the Romish Popes But the Canonists have gone much further saying that the Poor are obliged to pay Tythe for that is given them by Alms in begging at doors and that the Harlots are bound to pay Tythe of their Gain by Whoredom and of such other things which the World could not receive into use Tythes were paid unto the Curates for the service which they afforded to the People in Teaching the word of God in Administring the Sacraments and in performing other Ecclesiastical Functions so that for these Ministeries nothing was paid N. 124. some Pious and Rich Persons gave if they pleased something for the Burying of their dead or for receiving the Sacraments and the custom went so far that Curtesie was turned into a due Debt and the quantity how much was to be paid was also brought into a Custom and came to Controversies Secular men refusing to pay any thing for the Administration of the Sacraments because they paid Tythes therefore and the Clergy-men denying to perform their Functions unless there were given them that which was Customary About the year 1200 Innocent the 3d remedyed this Disorder by forbidding the Clergy indeed from Contracting for any thing for their Administration and to refuse it to those who would not pay them and commanded they should perform the Functions without more ado But after this was done by Censures the Seculars were forced to observe the Laudable Custom as the Pope calls it in paying that which was usual putting a great Difference between forcing before-hand by Contract and forcing afterwards by Censures N. 125. approving this as Lawful forbidding the other as Simoniacal Another Novelty was also introduced contrary to the old Canons Other wayes of gain which Contributed much towards their Gain It was Prohibited by the Canons to receive any thing by Donation or by Will from several sorts of Publick Sinners as from Sacrilegious Persons from him who remained in Discord with his own Brother from Harlots and other such Persons all these Respects were quite laid aside and all indifferently received especially the greatest and most frequent Legacies and Gifts are from Harlots and from Persons who through disgust with their Relations leave or give to the Church Thus the Popes of Rome used great diligence to help forward the Purchasing as well as to preserve the Power of Distributing what was Purchased which as hath been said was with so much Labour and so much Blood snatcht or drawn out of the hand of Princes N. 126. and reduced to the Clergy To which all the Ecclesiastical order for their own Interest not only consented but helped it by Preaching and by Writing alwayes inculcating that it was an Vsurpation of the People and a Tyranny of Princes to have any share of medling with the Distribution of Benefices and chiefly with the Election of the Pope and in our dayes one of the Arguments treated on by Barentus throughout all
his Annals with all opportunity and importunity is this that it was with an Impious and a Tyrannical Vsurpation of those Princes and People to intermeddle in the Election of Bishops and chiefly of the Pope not considering that the best Popes have been provided by Princes and that alwayes when Clergy-men only have made the Election infinite disorders have sprung up But that which imports more is that Popes of a most holy Life and Emperors of perpetual memory have commended that Practise and judged it necessary neither can it be now blamed without slandering two Dozen of holy Popes and particularly St. Gregory N. 127. and the Antient Doctrines of the Councils and of the holy Fathers If at first the Mistery had been discovered whereto would have tended this taking away the Investitures from Princes the Clergy would not have been perswaded unto Novelty but they believed their own Interest and liberty were concerned wherefore the Practice began of bestowing Benefices in manner abovesaid every one in his Diocess some by the Election of the Chapters some by Collation or setling of the Bishop and likewise the Pope bestowed those in the Diocess of Rome and medled not with giving Benefices out of his Diocess unless sometimes in one case only that is when any Prelate being gone to Rome either for Devotion or for Business dyed there and in his company there hapned to be some noted Person of the same Nation the Pope immediately Created him in the place of the Deceased and sent him back writing to the Diocess or to the Monastery Lamenting the death of the Deceased and consolating them with the substitution of the Person he had sent them This thing was easily consented unto as well because it hapned but rarely or seldom N. 128. as because it appeared to be the Popes favour also there being no cause of refusing a Person deserving and of the same Country but when the news of the death came to the Place if the Pope had made no Provision already in manner aforesaid they stay'd no longer but provided of themselves according to Custom In nothing else did the Pope meddle with Ecclesiastical Causes out of the Diocess of Rome The Pope of Rome nevertheless was very deserving from all the Clerical order seeing that so many Popes with so much Toyl and Labour together with so much Blood-shed had gained them that Power and Dominion over Benefices and excluded the Princes who from antient times and the People who from the beginning had Possession of that Right wherefore he was held in great esteem by the Bishops who sought to gratifie him all the wayes they could which put the Popes in mind of dealing with the Bishops after that manner as the Emperors were wont N. 129. which was to recommend one to them to be provided with a convenient Benefice At first these Requests seemed very strange to the Princes they opening a door by which Strangers or Outlandish men got an Inlet to be Beneficyed in their Kingdoms and yet they were favourably accepted and answered by the Bishops with gratification who only were intent on the Excluding of Princes never thought that another by depriving them could assume to himself the settlement of Benefices But shortly after through the Profitableness which the Court received from those who made Presents to obtain the Popes favour and for the Charges of Bulls they began to multiply the desires and the Recommendations of the Pope in such a manner that the Bishops became deprived of almost all Collations Whereupon they were sometimes forced to pass without complying with them the Popes found a Remedy for this by adding Commands unto his Requests which were obeyed at first N. 130. but for being too frequent it constrained the Bishops to transgress the Command and without Respect thereunto or to the Censures therein Contained they made Collations in regard to themselves and to their Churches and it behoov'd the Pope afterwards to be content for a thing done and to pardon them seeing there was no other Remedy The course whereby Benefices were obtained in Rome would have been easily stopt but there was a Remedy invented for it at Court for besides the desires and commands they added an Executor who if the Bishop would not confer the Benefice he was to confer it and to punish the Bishop besides for Disobedience However they used that Method but sparingly and when the Bishop had been stubborn But at last for a quicker dispatch they came to yield to Prayers to the Mandate and to Execution altogether Wherefore the Churches and the Bishops felt themselves much aggrieved N. 131. and the Princes and the Nations complained not only for being deprived of their Faculties but also because by that means the Benefices which by a most antient custom were bestowed on the Natives fell all unto strangers who were at the Court of Rome whereupon oftentimes those were made Bishops and Curates who understood not the Peoples Language which they were not apt to learn by reason of the great Difference as many Italians who were Beneficed in England and the disorder grew so great that he chiefly the Curate who understood not the Language of the People was forbidden by the Pope of Rome from having any Benefice reserving to himself the Power of Dispensing Power of Dispensing which did not remove the disorder but only encreased the Charges of the Solliciters or Entreaters and the Profits of the Court they not sticking to give the Reversions unto strangers granting them afterwards a Brief of Dispensation But although such ample Authority which the Court of Rome had assumed to it self was displeasing to men of good zeal yet it was most grateful to a great number of Clergy-men and other Persons desirous of Benefices N. 132. who were subject to Canonical Impediments which rendred them uncapable This sort of Persons no Bishop durst to promote as retaining the due Reverence to the Canons Nevertheless that which no man would do the Pope did easily dispensing against Canons and Ecclesiastical constitutions introducing the saying de Plenitudine Potestatis and the little clause non obstantibus a thing unknown and not heard of in so many Ages which is now put into every Beneficial Bull yea the Popes themselves in the distribution of the Benefices of the Roman Church in good time or times of Prosperity made Profession of being greater observers of the Canons than any other Bishops and one of the glories of the holy Popes as may be seen in St. Leo and his Successors was the punctual observance of the Canons first by themselves then by others neither ought it to be said that these were of less authority N. 133. but certain it is they were of greater goodness and knowledge and they durst not do otherwise than what was permitted unto others whereas afterwards every thing was done at Rome which others durst not do elsewhere St. Barnard who lived in the first times of
drew out of England he found it to be equal to his own Revenue which is sixty thousand Marks The King proposed some of these Differences to the Council at Lions making Complaint of the abovesaid grievances whereto the Pope answered the Council was not Assembled for that purpose and that it was no time to harken to it In the said City of Lions during the time of the Council N. 154. the Pope would have given to his Kinsmen some Prebendaries of those Churches upon which there was a great Commotion in the City and the Pope had notice given him that they should be thrown into the Rhone wherefore the Pope sent them away privately Rhodano For all this the Court left not off its Designs but in the year 1253 the same Pope Commanded Robert Bishop of Lincoln a man in those times Famous in Doctrine and in Goodness that he should confer a certain Benefice upon the Genoése against the Canons which appearing inconvenient and unjust to the Bishop he answered the Pope that he Honour'd Apostolical Commands Conformable to Apostolical Doctrine wherefore that non obstantibus is a Deluge of inconstancy a Breach of Faith a disturbance of the quietness of Christendom that it is a grievous Sin to defraud the Sheep of their Pasture that the Apostolical See had all Power to Edification none to destroy N. 155. This Answer received the Pope grew wroth exceedingly But Cardinal Egidius a Spaniard being a Prudent man endeavour'd to Mitigate him representing to him that to proceed against a man of such Reputation for a cause so abhorr'd by the World could not bring forth a good Effect But whilst the Pope studyed to shew his Resentment Robert fell sick and to the end of his Life held the same Reasons and dyed with an Opinion of Holyness and 't was fam'd that he wrought Miracles The Pope hearing of his Death caused a Process to be formed for the King to dis-inter the dead mans Corps But the night following in a Vision or in a Dream he had Robert in Pontifical Robes who Rebuked him for persecuting his memory and smote him on the Flank with the But-end of his Crosier-Staff The Pope awoke with an excessive Pain in that Place which afflicted him unto his Death that happened within a short time after In the year 1258 Alexander the 4th Excommunicated the Arch-Bishop of York for the like Cause who persevering in his Deliberation N. 156. endured the Persecution with much Patience and drawing neer to his Death wrote a very Prudent Letter to the Pape exhorting him to imitate his Holy Predecessors and to take away the Dammageable Novelties from the Church and from his own Soul He dyed with the Opinion of a Saint and a Martyr In these times 't was likewise necessary in France to make a Provision which I shall relate after having given notice that for these and for other Impediments which the Princes and the Bishops opposed against the endeavours of the Court which never thought of giving over For Clement the 4th in the year 1266 resolved to lay the Foundations whereby he or his Successors might declare themselves to be absolute Patrons in all the Collations of Benefices throughout the World and remove the necessity of finding out Wayes and Arts to draw the Collations unto Rome and made a Bull which concluded nothing else but the Reservation of the Vacanti in Curia saying that the Collationing of them by an Antient Custom is reserved to the Pope and therefore he approved of this Custom and wil'd it to be observed N. 157. But to conclude this alone So much an Hyppothetical Premium can do in saying that although the plenary Disposal of all Benefices Premio Hippotetico belongs to the Pope of Rome so that he may not only confer them when they become Vacant but he may also before Vacancy grant a Right for the acquiring of them Nevertheless the Antient Custom hath more especially reserved the Vacanti in Curia Wherefore we approve of that Custom If the Pope had made a concluding Edict that the Disposal of all Benefices belonged to him the World would have stir'd in it and as well the Clergy-men as Princes and other Lay-Patrons would have declared their Reasons But this Proposition being put into a Conditional without a Conclusion went on easily without any notice taken of how much it might Import But two years after that is in the year 1268 without having any Respect unto this Bull N. 158. St. Lewis King of France seeing that the Provisions made by the Queen Regent his Mother during his Minority and during his Absence in the Holy Land were not sufficient to remove the Confusions introduced in the matter of Benefices Pragmatic Sanction made his famous Pragmatick wherein he Commanded that Cathedral Churches should have their Elections Free and the Monasteries likewise that all other Benefices should be given according to the Disposition of the Law and that no Imposition of the Court of Rome could be levied upon Benefices without his Consent and the Churches of his Kingdom This Holy Kings going into Africa against the Mores and his Death which happened in the year 1270 and the need the House of Anjou had of the Popes Favour to settle his Kingdom in Naples and to recover that of Sicily and the Power which the Pope granted to the King of imposing Tythes under Pretext of the War of the Holy Land were cause that the French easily permitted the Court of Rome to regain the same Authority N. 159. whereupon in the year 1398 Boniface the 8th placed the Constitution of Clement in the Decretals and made that That which was said Hyppothetically and Incidentally became the Principal and to give it the greater Authority he exposed under the name of Clement leaving it dubious whether it were the 4th or the 3d. Therefore now in some Copies it is Read the 3d in others the 4th For which cause this Proposition was given to be believed at first i. e. That the plenary Disposal of all Ecclesiastical Benefices belongs to the Pope which is pretended to be meant in a Sense not altogether perverted which is that the Pope should have full Power but yet Regulated by the Laws and by Reason A little after Clement the 5th made void all good understanding by saying that the Pope had not only full Power but also free over all Benefices which freedom is understood by the Canonists Exempt from all Laws and Reason so that he may do all that he pleaseth notwithstanding the Reason or the Interest of whatsoever Church or of Particular Person yea even of a Lay-Patron This Proposition is put into the Bulls upon every occasion N. 160. and there is no Canonist but passeth it for clear yea for an Article of Faith saying that the Pope in the Collation of any Benefice whatever may Concur with the Ordinary and also prevent it and if it so please him he may
also give Authority to whom he thinks fit enabling him in like manner to Concur with the Ordinary or to prevent it as they have since given this Faculty unto Legates with a general Constitution There is nothing more Wonder-worthy in the Consideration of Benefices Election of Ministers belonged to the Faithful than it being as clear as the light at noon day that the Election of Ministers was at first by the Faithful People then it passed unto the Princes after the Christian Faith being received they minded the Affairs of the Church and finally it was reduced unto the Ecclesiastical Order only N. 161. the Seculars being excluded by the Management of Gregory the 7th and his Successors yet there still remained in each Diocess the Election and the Collation of Benefices and of their Offices which since by little and little the Popes of Rome have assumed to themselves by the wayes abovesaid and to be said hereafter Nevertheless the Canonists either out of Animosity or because it is not their Profession to know any thing besides the Decretals have said and do say in our dayes without Respect unto the Notorious Truth which is against it that heretofore the Pope provided all Bishopricks and other Benefices and that he afterwards out of Favour granted the Election to the Chapters and the Collation unto the Bishops it is not to be doubted but one day it ought to be answered in the Articles of our Faith for making a Doctrine to pass into the Church which is so directly contrary to what they caused to be Preached in Former times when Anselmus Bishop of Lucca who wrote three Books against Gilbert the Anti-Pope in favour of the said Gregory the 7th which are still to be found throughout all the second of which by the Authority of the Popes N. 162. of the Holy Fathers of general Councels by the Custom observed from the Apostles time unto his who wrote in the year 1080 Proves that the Election of Bishops by him called Popes belonged to the Clergy and to the People of the same Diocess and that the most Pious Emperors Constantine Constant Valentinianus Theodosius Honorius Carolus Ludovicus and other excellent men for Faith and in Religion never violated such a Custom observed in the Holy Church from the Apostles time and a Constitution of Carolus and Ludovicus Pius being born or Contained in the Chapitolar that Bishops should be elected by the Clergy and by the People of their own Diocess according to the Canons saith that this Constitution is most agreeable to that of the Holy Fathers and no less than if by the Nicene Councel or by any other General Synod it had been Promulgated by the Holy-Ghost through the Mouth of those Emperors where 't is seen that to take the Election out of the Hands of Princes they held for a Tradition that the Contrary of which they are willing now adayes should be Written by the Canonists N. 163. and Believed by us so that of necessity the Canonists must Err or else the Allegations of the Bishop of Lucca have erred And if the Ordination of Bishops in their Diocesses after the manner aforesaid was the Liberty of each one of the Churches as the Fathers and the Councels taught and granted them by our Lord Jesus Christ Let not those talk so disorderly who say the Court hath put all the Churches in Bondage under pretext of defending them their Liberty Seek this time that having spoken in divers Occasions of different wayes of gaining Estates to the Churches I toucht the manner of preserving them which is by Prohibiting all manner of Alienations Alienations a thing Diametrically contrary to that which the Primitive Church observed Wherefore if when 't was Lawful by the Laws of the Prince for the Churches to purchase Estates in Land N. 164. they might retain those which were given or bequeathed 't was therefore in the Bishops Liberty not only to make use of the Incomes but also to sell the very Estates to discharge the necessary Expences in Maintaining the Ministers and the Poor as also to give or bestow according to Exigencies And the Authority of Dispensator granted to the Bishop did not extend to the Fruits only as at present but also unto the Estate it self and to other Chapters which at first was Administred with Sincerity so that there arose no inconveniency thereby and lasted a long time in Poor Churches where the Estates being but small and the Bishops of no great Authority there was no matter or cause of Transgression But in Rich Churches and great ones where the Reputation Emboldened the Bishops to attempt that which would not have been permitted unto all and Abundance gave matter of being able to make use of some part Arbitrarily the Bishops began to exceed the Bounds of Modesty from Dispensing they came to Dissipating against which it was requisite to provide neither the Provision proceeded not from the Clergy-men but from Secular men to whose prejudice it was N. 165. For the Publick Estate of the Church being lessened the Clergy were not suffered to take their Living who were the first but the Poor who remained to the last In the most Principal Churches which were Rome and Constantinople the Provision was also first necessary wherefore Leo the Emperor by a Law of his Anno. 470 Prohibited the Church of Constantinople from every Alienation and in the year 483 Basilius Cecina Praefect us Praetorius of King Odoacre in Rome the See of Simplicius being Vacant by a Decree made in the Church Ordained that the Estate of the Roman Church should not be Alienated which was not found strange by three Succeeding Popes but in the year 502 Odoacre being extinct and all his Power Simmacus the Pope Assembled a Councel of all Italy wherein he proposed as a great Absurdity that a Lay-man should have made Constitutions in the Church N. 166. and by Consent of the Councel declared them Null But lest it should appear that this would tend to disorder a Decree was made in the Councel that the Pope of Rome and the other Ministers of that Church should not be able to Alienate specifying that the Decree should not oblige other Churches but the Roman only The following times shewed there was need of the same Law in all the Churches wherefore Anastasius extended Leo's Law to all the Churches subject to the Patriarch of Constantinople to all which he Prohibited the Power of Alienating But Justinian the Emperor in the year 535 made a Constitution General for all the Eastern Western and African Churches and also for all Pious Places Prohibiting the Power of Alienating excepting only to Feed the Poor in case of extraordinary Famine and to release Prisoners in which Cases Alienation was granted Conformable to the Antient Custom N. 167. of which St. Ambrose makes mention that not only Possessions but also the Vessels were sold for such Causes Justinian's Law in the West
were gone to Rome for Beneficyal Causes Three years after the Pragmatica was restored by the same King Sixtus the 4th then opposed him and made an Agreement to destroy it which is still to be found but they would not receive it and the Pragmatica remained Innocent the 8th Alexander the 6th and Julius the 2d used all means to Abolish it but could never Obtain it Finally Leo the 10th made an Agreement with King Francis the First And taken away again by which the Pragmatica was taken away and 't was Ordered that the Power of Choosing Bishops and Abbots should be quite taken away from the Chapters of Cathedral Churches and from the Conventuals but Bishopricks and Abbeys becoming Vacant the King might name a fit Person on whom the Pope was to Confer the Benefice That the Pope of Rome could not give Reversions nor make general or special Reservations but that Benefices becoming Vacant in four Months of the year should be Conferr'd by the Ordinaries on the Graduates of the Vniversities N. 208. and the Vacants in the other eight Months might be freely Conferr'd by the said Ordinaries only that every Pope in his life time may Charge any Collator of Benefices to Confer one according to the disposal of his Holyness in case there are to be Conferr'd between Ten and Fifty and if there be above Fifty or more he may Confer two and although there were many Difficulties in Accepting the Agreement and the University appealed to the next Lawful Councel nevertheless the Authority and the Vtility of King Francis overcame and the Agreement was Proclaimed in France and put in Execution In such manner that after so many Popes from the year 1076 unto 1150 strove by the Excommunicating an infinite number of Persons and by the Death of Innumerable more to take from Princes the Conferring of Bishopricks and giving the Election to the Chapters contrary-wise Pius the 2d with five of his Successors have striven to take the Election from the Chapters of France and give it to the King and Leo the 10th did obtain it at last N. 209. Thus the Alteration of Interests bear along with it the Change and Contrariety of Doctrine Some Speculative men have accounted the Reason of this to be because the Example that the Bishop and the Clergy might Confer may keep alive the Practice and the most general Doctrine of the Church Contrary to the Modern others because it is still more easie to take it out of the hands of a King who may be of a weak Spirit or may stand in need of the Pope than from the Bishops and Clergy King Francis made many Laws besides to regulate the Possessory of Benefices and the Agreement was observed by him but the Execution was interrupted for some years by his Son Henry the 2d when he was in War with Pope Julius the 3d because of Parma wherefore in the year 1550 the King Prohibited that any Provision of the Popes Benefices should be received and Commanded that all should be conferr'd by the Ordinaries but Peace being made all was Composed and the Observance of the Agreement returned But in the year 1560 the States were held at Orleans in Charles the 9th's Minority where the Collations of Benefices were regulated N. 210. and many things abolished which were Contained in the Agreement Great Confusions and Wars happened in the Kingdom and the Cardinal of Ferrara was sent Legate into France who Obtained that the Ordinances of Orleans should be superseded with a Promise that the Pope within a short time should provide against the Abuses for which the Ordinances were made of which nothing was done afterwards so that now the Concordate remains Thus went the Affairs in Germany and in France But the State of Italy which we have lately described was greatly altered by the Celebration of the Councel of Trent which made several Decrees on this Matter to provide against the Abuses abovesaid then reigning and although from its beginning which was in the year 1547 it began to attend these Corrections and made many Decrees which were not put in Execution until after the end of it which was Anno. 1563 wherefore it may be said that all the Provisions are to be referr'd unto this time N. 211. 'T was the Intent of this Councel to remedy three things First the Plurality of Benefices Secondly 1 Pluralities 2 Hereditary Succession 3 Absence Hereditary Succession Thirdly the Absence of Beneficiated men and to Prohibit all kind of Plurality 't was Ordained that one although he were a Cardinal could not have more than one Benefice but if that were so small that it might not serve or be sufficient for the Expences of the Beneficyed he might have one more which was therefore to be without Cure of Souls It Prohibited the Commendum's of Benefices Curati ad Vitam which was a Pretence to make a man Obtain two it Ordained also that Monasteries for the future should not be Commended and those that were so till then when they became Vacant should be reduced into a Title It Prohibited also the Vnions ad Vitam which was another pretext of giving divers Benefices under the name of one It Prohibited totally the Regresses and the Accesses to take away Succession It Prohibited also the Coadjutorships with future Succession absolutely excepting in Cathedrals and Monasteries wherein was Admonished N. 212. that they should not be granted by the Pope but for just Causes but the Prohibition is without Effect In the 14 last moneths Residency was treated with some Contention Residency because there was sprung up a Question among the Doctors a little before whether the Residency of Bishops and of other Curates in their Churches were de Jure Divino or Canonick for which cause the Councel was divided in such a manner that in April Anno 1562. a Scrutiny being made of the number of both Parties there 67 found whose Opinion 't was de Jure Divino 33 who opinion'd it to be de Jure Positivo and 30 who were of Opinion that this Point ought not to be decided without first treating with the Pope Of the first number were the Northern men and other cast-off Bishops on the Second and the third the Dependents on the Court. If Residency should have been made de Jure Divino it would follow that the Pope could not have been able to dispence it but that the Authority of the Bishop also would have been de Jure Divino and no man was able to restrain it N. 213. these were things which Squinted at the Depression of the Courts Greatness wherefore the Opinion was Maintained by both Parties with much boldness The Business came to Practices so that after fourteen months Residency was Commanded yet not declared quo Jure the Curate should be Obliged only Penalties were enjoyned upon non-Residents as to other things they were left in their first Estate or Condition but those who were at
New Where are these Purchasings to end When it is to be said amongst us the People hath Offered more of it than Suffizeth When that the Ministers of the Temple were the 13th part of the People Tythes they received the Tenths and 't was not Lawful to exceed them now that they are not the 100th they have perhaps above a quarter 'T is not Convenient that the encrease of Ecclesiastical Estates should be infinite N. 247. and that all the World should be reduced to be Tenants Humane Laws amongst Christians have not limited the quantity of Estates that any one Possesseth for he that Purchaseth to day alienates to morrow A Perpetual Condition of Persons is very singular which may alwayes Purchase and never Alienate In the Old Testament the Tythes were given to the Levites because they were Gods Inheritance and therefore they were Forbidden to have any other share a thing which pertains to those who are willing to make use of their Priviledges taking all to themselves and not only that which behooves their own Profit It hath been abundantly spoken of how the Ecclesiastical Estates have been gained to whom the Care of them hath been Committed and how Dispensed Nothing hath been spoken of that which was done when at the Death of the Beneficyary they found some of the Fruits not yet disposed of whether he disposed of them by Will or whether from the Intestateman they passed unto other Persons Whilst the Estate of each Church was in Common and Governed by one Earl only Conto 248. 't is a certain thing that so much as was found in a Ministers hand was Incorporated with the Whole and Governed in the same manner by the Successor But Benefices being erected there were also Canons therewith made that whatever part was found in the hand of the Beneficyary at his Death should be the Churches and by the Church if it were Collegiate and had a Common Table was understood the Colledge thereof But if the Beneficyary was without Colleague by the Name of Church was understood the Successor who was to Administer that Remainder or Residue after the same manner as the Deceased Predecessor was Obliged unto so 't was wont to be done until the year 1300. But because the Beneficed Clergy-men had oftentimes other Goods of their own Patrimony or else gain'd by his own Art and Industry 't was therewith said that of these he was the Absolute Master and might leave them by Will to whom he pleased but of the Incomes of the Benefice he might not Dispose by reason of Death From whence it follow'd that Clergy-men Possessors of small Benefices not exceeding the expences made a Will of all they had and if by sparing they had Advanced any thing to the Benefice Conto 249. they reputed it gain'd by Industry and Disposed of it in the same manner which hath brought in a Custom in many Christian Kingdoms that men of Inferior Benefices may make their Will likewise of the Incomes of their Benefices and not making a Will the Heirs of the Intestate Succeed as also in the Patrimonials But that which was left by the Bishops remained to the Church according to the Antient Canons After this the Bishops also through Custom in many Christian Kingdoms acquired the Power of making Wills even of the Ecclesiastical Fruits so that about the year 1300 in divers Countries there were three Different Customs found 1. One where no Clergy-man might Dispose of the Incomes of Benefices advanced them 2ly The other where the Incomes were upon the same Account as things Patrimonial and their own 3ly the third where Inferior Clergy-men bequeathed or disposed but what was left by the Bishops went to the Church N. 250. In the times after 1300 when the Popes of Rome had more need of Money than ordinary they sent their Ministers into the Kingdoms where the Churches were wont to Inherit the Deceased Beneficed mans Estate who before the Successor was Chosen applyed all to the Popes Chamber which thing Succeeded easily because the Benefice becoming Vacant there was none would Contradict it for his own Interest and the Successor being Created he acquiesced in a thing done without any more ado They began to send such Ministers into all places where they could and to lay claim to that which was left by the Deceased Booty or Spoyles Collectors by the Name of Booty or Spoyles and the Popes Officers sent for them were call'd Collectors The Popes took these Spoyles where they could in this manner silently without any Order or Law therein which might grant the same but alwayes with some Murmuring as well by the Heirs of the Deceased Priests as also by other Persons N. 251. through the severe Extorsions which the Collectors and the Sub-Collectors made who brought into the Account of Spoyles or Booty the very Ornaments of the Churches and gave also much Molestation to Heirs upon Goods gain'd by Industry or received from the Patrimony endeavouring to make them appear to be taken out of the Benefices and doubtful of what quality they were giving Sentence that they belong'd to the Chamber vexing and tiring those who Opposed them with Excommunications and Censures In France the use or custom had Introduced that the Spoyles of Bishops and Abbeys should be applyed to the Pope And in the year 1385 Charles the 6th Prohibited it Ordaining that Heirs should have the Succession as well in them as in Patrimonial Goods In many Countries the Custom being Introduced is Continued unto this Age when by the Extorsion of the Collectors the Complaints of many encreased so much that some had the boldness to Oppose it openly and to deny that the Spoyles of the Deceased Clergy-men belonged to the Popes Chamber Wherefore in the year 1541 Paul the 3d was the first who made a Bull upon this matter N. 252. where 't is Related that some Curious Persons to Usurp to themselves the Rights of the Apostolick Chamber and to Defraud it did call in question whether the Estates of Prelates and of other Ecclesiastical Persons called Spoyles belonged to the Chamber there being no Apostolical Constitution which Appropriates it though indeed by the sending Collectors into divers places it appears clearly to have been the mind of the Apostolick See to reserve them and apply or appropriate them to the Chamber wherefore he Declares Ordains and Constitutes that to the Pontifical Chamber shall belong the Spoyles of all the Clergy-men Deceased in whatsoever Kingdoms and Dominions as well on this side as beyond the Alpes so likewise on this side as well as beyond the Seas although Collectors have never been appointed in them So that the over-Diligent being willing to free some few Provinces from this Grievance or Burthen have been Cause they have been Imposed all the World over But yet it is not come to Execution N. 253. except in the usual places but it hath thus happen'd in all things as the World makes of Novelties left off for sometime without Execution and afterwards with a good Opportunity as if they had been Executed in due time and by the Malice of some brought out of Use by Censures and other Violences they are put in Execution The Spoyles unto the year 1560 Comprehended nothing but that which was found at the Clergy-mans Death proceeding from Ecclesiastical Incomes In the year above said Pius quartus made a Bull that under the Name of Spoyles which throughout the World in all Dominions on this side and beyond the Alps and the Seas belong to the Chamber is to be understood also all that which the Clerk shall gain by Unlawful Merchandize and otherwise Contrary to the Canons a thing which Comprehends Sufficiently because Unlawful Merchandize they call where the thing such as it is bought so it is sold And then by the Canons the Clergy-men are forbidden many kinds of Games in use and many Services N. 254. by which wayes there is gotten sufficiently so that hereby was return'd a great gain to the Chamber and 't would be a great Income if the Bulls could be Executed throughout half Italy where they are not yet in Execution and in France and in Germany and in other Kingdoms which have not yet received them like as in the Kingdoms of Castilia they make not Spoyles of all the Clergy-men but of the Bishops only by the Laws of Carolus quintus and of Philip the 2d The Canonists Defend the Right of the Spoyles with this Foundation that the Pope is Patron or Master of all Ecclesiastical Incomes and those who speak the most Modestly say Administrator by which Doctrine there is also Introduced into Rome that if any one hath unduly Usurped to himself any Benefice or otherwise shall have Robb'd the Church if he agree with the Apostolick Chamber to give a share of it thereto he may hold the Remainder with a good Conscience N. 255. and the Agreement being made and paid as much as was limited let every one say he is Absolved of the rest and may hold it Lawfully as his own because the Pope is as hath been said either Master or Administrator General and this they call Compounding with the Apostolick Chamber which comes to be very largely Extended so that those who in Conscience know or at leastwise doubt of having something not their own and there is no that either it is not known whom to Restore it Composition is made FINIS