let him remember how the Popes opened the veine how they lighted the candle how they sung the Te Deum at the murther of our Kings how they would have turn'd our state topsâ—e turvie that they gave the greatest blowes to it that the champions we speake of did wonders there and made their names immortall 5 Great Prince your Majesty needs not feare any of this being protected by the particular care and extraordinary favour of God which overshadowes it and makes it redoubtable to all your enemies for your valour your power and your trophees being cherished by a Clement truly â—lement But Sir what shall become of your poore posterity what hope of safety doe you leave to them what meanes of refuge having the rat in the bag the serpent in the bosome the powder in the pistoll or to speake more properly in the foure corners of France to which an Inclement will easily give fire But I come to their maximes They being servants and slaves to the Pope cannot bee good subjects to their Princes for they professe themselves exempt from their subjection and avouch as much of all other Clergiemen to make their party the stronger 6 See here an Aphorisme which Emanuel Sa the Iesuite sets downe in his booke intitled Aphorismi Confessariorum printed at Anvers the yeare 1599 and afterwards at Paris this present yeare 1600 after he had studied the point forty yeares as he professeth in the preface The rebellion of a Clergyman against the King is no treason because he is no subject For as much as they make profession of this rebellion they provide for themselves beforehand by such like axiomes as these They make maximes in State affaires even such as respect the persons of Princes and occasion their subjects to make conspiracies and enterprise upon their lives Loe here one He that governes the Realme or Dominion which he hath justly got in a tyrannicall way cannot be deprived of it but by a publique judgement But the sentence being once past any man may be the executioner of it He may be deposed even by the people that have sworne perpetuall allegiance to him if he doe not amend after he hath beene admonished But he that tyrannically usurpes the government may be killed by any of the people if there be no other remedy for hee is a publique enemy See here another of the like straine The Prince may bee deprived of his dominion by the common wealth either for his tyrannie or if he doe not doe his dutie or if there bee any other just cause and another may be chosen in his stead by the major part of the people 7 Let every man bethinke himselfe whether these Maximes have not been practised in our France and let him adde to all this the excommunication of a Pope incensed against some Prince whom he will declare by his Buls to bee a tyrant or heretique and he will easily judge whether he that shall be pronounced such ought hereafter to thinke of any thing but the sepulchre of his ancestors to procure that he may obtaine it at least In my opinion if our Iesuites deny to speake roundly and say 't is a meritorious worke to kill him it is lawfull for any man to execute the sentence Yet this is the doctrine which they teach their disciples confessed by Iohn Chastel registred in the Arrest of this venerable Parliament of the 29 of December 1594. the words are these Hee said at the same examination that it is permitted to kill Kings and that King Henry the fourth now reigning is not in the Church till such time as hee hath got the Popes approbation Confessed likewise by William Parry executed in England Confessed by Peter Panne the Iesuits of Dâ—wayes emissarie to assassinate Prince Maurice giving unto the Governour or Rectour of that Colledge the honour of that doctrine which he had learned from him Maintained in a publique writing made by Mr. Allen Principall of the Colledge of the Seminary at Rhemes declaimed in their ordinary talke in their solemne orations whispered in the eares of those that come to them for absolution and infused into their soules as it is declared by those true discourses made upon that subject by the finest wits of France 8 Let us run over the other maximes which concerne the present state of this Kingdome and judge whether they tend to peace and quiet If Luther say they in their Cullen censure had beene rooted out by fire and sword fortie yeares agoe or if others had beene so dealt with peace might by this meanes be restored to the Church 9 Father Emond in a booke of his printed at Paris by Sebastian Nivelle the yeare 1568 and by him dedicated to King Charles the ninth with this inscription The Pedagogue of Armes To instruct a Christian Prince to undertake a good warre well and accomplish it with successe to be victorious over all the enemies of his State and of the Catholique Church gives us other rules which have beene put in practice See here some of them 10 That warres have beene alwayes accounted not onely profitable but necessary 11 That the Pope is bound to take armes against heretiques 12 That to a Monarchie undertaking such a warre a man cannot urge any of his former Edicts or Ordinances 13 That no man how potent soever he be can contract with an infidell or one that hath revolted from his conscience Hee gives this reason For what King is there how redoubted soever he be that can without villainously falsifying and breaking his oath made to God permit and give leave to the enemies of all truth and condemn'd by the generall sentence of all the world to soâ— heresies in his countries and allure soules Hee addes further That what conditions of peace so ever he can grant unto his rebels in this case will not endure long But it will behove him not to awake such strong and potent enemies that to make a peace with them at last hee must resolve to make a good warre And anon As oft as by the Articles of peace licence is granted to every man to adhere to which of the two opposite parties he please without being offended at it it is all one in my opinion as if one should cast a man into the fire and forbid him to burne himselfe 14 In the seventh Chapter he saith If such persons were infidels or heretiques I would never excuse the Monarch that having sufficient means in his owne hands should not essay by all wayes even of fact to reclaime such a kennell or drive them farre out of his countrey out of the territories of Catholiques And so much the more roughlie ought he to proceed against them as hee knowes them perverse in all respects and of the Huguenots stamp which should be accounted the most pernicious most devillish upholders of lies that ever rose up against the Church 15 After he hath
staffe and ring In the yeare one thousand one hundred twentie five hee bestowed foure Bishopriques more 7 William of Newburie both Doctour of Divinitie and an Historian proves in like manner of King Richard the sonne of Henry the second who raigned about the yeare one thousand one hundred eightie nine First of all saith he this new King was so affected that by his meanes many Churches which were vacant of England were provided of Pastours Richard of Ely the Kings treasurer was preferred to the See of Lincolne Godfrey Lucy to the chaire of Silchester William Longchampe the Kings Chancelour to the Bishoprique of Ely Hubert Deane of Yorke to the Church of Salisbury hee bestowed also the Metropolitan See of Yorke upon his brother Ieffrey 8 The yeare one thousand two hundred and seven Pope Innocent the third would have perswaded the Monkes of Canterburie to chuse one Stephen Langton for their Bishop but they replyed that it was not lawfull for them to doe so without the Kings consent But the Pope having injoyned them under the paine of Anathema they were compell'd to consent unto him so and so though with a great deale of murmuring Which being done the Pope writ unto King Iohn a soothing letter to get him to approve of it But he being offended thereat Commanded that all the Monks should bee drawne out of the Monasterie of Canterburie as guiltie of high treason yea and that they should be chased out of his Kingdome 9 In the yeare one thousand two hundred fortie and five Henrie the third King of England Having received a foule injurie done as he thought both to him and his forasmuch as many Bishops were created in England without his consent hee sent Mr. Lawrence de St. Martins his Proctour to the Court of Rome to make complaint of it and plead the right which hee had thereunto from all antiquitie 10 One Mr. Richard de Witz having beene elected Bishop of Chichester by Innocent the fourth who was then at Lyons To the intent that such an injurie done to the King might not passe unpunished saith an English Historian hee was justly deprived of a Baronrie which belonged to the Bishoprique 'T is true it was restored a long time after by meanes of the earnest intercessions which were made thereupon There are infinit examples of this nature both in these authors from whence wee have taken the former and divers others 11 Wee will here observe that our Popes have elsewhere testified in their owne books how the right of bestowing benefices and Prebends which belongs unto the Kings of England in capite during the vacancie of the Bishoprique This wee read in a Decretall of Alexander the third in these words The said Bishop being deceased and the revenues of the Bishoprique being come unto the Exchequer a certaine Prebend chancing to bee void our wel-beloved sonne in Christ Henrie the illustrious King of England hath bestowed upon Thomas his Clerk This Decretall was extant in the title De jure Patronatus after the chapter Praeterea in the third booke of the Decretals as I have seene in an ancient Manuscript which is in my custodie One of our Doctours witnesseth also that it was anciently there and afterward expunged A learned Spanish Bishop publisht it since by adventure without ever thinking upon it for he had no intention to harme the Pope 12 Our Doctour of the Civil law beare witnesse of the rings of England affirmingâ— that this eight belongs unto them and determining also that it is a thing which may bee done They say as much for the King of Hungary the King of Apulia and also for the King of France See here the verie words of Alexander in his counsels Baldus said well in the law descripta de precib imperat offerend that Kings and secular Princes who by ancient custome time out of minde have power to conferre Prebends and Benefices within their dominions may doe it because such a custome gives them a priviledge And he sets downe a president of the King of Hungarie and the King of England The King of Apulia might be added also according to that remarkable glosse in the summarie of the seventh Quaestion causa 16. Another might be urged of the King of France as saith Iohn the Monke upon the first chapter De Praebendis in sexto 13 See here many authorities together whereunto wee will adde that of Lancelot Conrade Lawyer of Millaine and the King of Spaine his subject who will furnish us with some others So some Kings and Princes saith he may conferre the benefices of their Kingdome when they have got this right either by custome time out of mind or by Apostolicall priviledge as Alexander hath counselled in his 74. Counsel num 8. volum 4. Baldus in the law Rescript C. de precibus imperat offerend Martin Lawrence de Privil Rescript Quaest. 2. Following Alexander he urgeth the examples of the Kings of France England Hungary and Apulia and addâ—s also the King of Spaine hee saith â—urther that the King of France seemes herein to have a greater power and a larger right than the Emperour 14 A German Bishop who writ in the yeare one thousand one hundred and nine addes also the King of Scotland and proves the same of him which hath beene said of the rest We reade saith he of the Bishops of Spaine Scotland England and Hungarie that by ancient institution till this upstart novelty came in were put into their Bishopriques by the Kings with purity and integrity and with peace and quietnesse for temporall matters Afterwards hee speakes of our Kings of France on this manner A long time before the decree of Adrian and his successors the annointed Kings and the Maiors of the Palace invested Bishops Dagobert Sigebert Theodorick Hilderick Pepin Maior of the Palace and Theodoret who established Remachus Andomarus Amandus Antpertus Eligiuâ— Lampertus and other Bishops of most holy life 15 Let us now see what this right of France is It is certaine that from the verie infancie of this Realme our Kings have begunne and continued through all their three lines to elect Churchmen to bestow Bishopriques Abbeyes and other Ecclesiasticall dignities upon them to give these elections to such as they thought good alwaies reserving unto themselves their consent or approbation and to proceed therein such other waies as they thought fit The examples hereof are so plentifull that wee should bee afraid to tyre the reader by reciting them and therefore we will content our selves with quoting them in the margent especially considering that there are so manie other waies to prove it that we care for nothing but curtailing our discourse 16 Whosoever shall seriously consider these examples hee shall finde that our Kings have alwaies dealt herein as they pleased that sometimes they have made elections and nominations themselves sometimes they have given leave to the Clergie to make them either alone or with
powerfull and present remedyâ— than that the Pope by the consent of the Emperour call a free Councell in some convenient place of the Empire as soone as may be as at Strasburgh Mayens Cullen Mentsâ— or at some other place convenient in Germany In râ—ference to this the German Bishops assembled in an imperiall Diet at Aâ—sburg 1547 comâ—laine to Pope Paul the third for not causing that Councell to be holden in Germany and the inconveniences that followed thereupon with the little good it did See the tenure of their letters set downe by Sleidan and not contradicted by those that have written against him 2 Whereupon the Bishops of Germany sent letters unto him the 14. of September whereby they certified him of the State and danger of Germany and said it might have beene prevented if in good time the remedy had been applyed by a generall Councell to the disease when it was first a breeding for which Councell they had often importuned the Emperour that he would procure so much as that it might bee kept within the confines of the Empire that so the Bishops of the country who were princiâ—ally concerned in it might be there For considering their jurisdiction is of such a large extent it would be very inconvenient for them to travaile out of their countrey especially at this time Finally by diligence of the Emperourâ— when there waâ— not a living soule to be found at Mantua nor Vicenza the Councell was concluded upon and begun but without the bounds of Germany namely at Trent which belongs rather to Italy This was the reason there were so few Germans theâ—e nor indeed could they bee especially in a time of war when all the passages were stopped and guarded 3 The Protestants also have ever made the like demand in many severall assemblies of Germany namely that there might bee a free Councell and that it might be held in some imperiall City of Germany as well for the liberty as for the convenience And besides because the differences in religion were borne there 4 I will set downe only what they say in a letter writ by them to the Emperour Charles the fifth dated August the 11. 1546. Any body say they may easily see and perceive that this is none of the Councell with the vaine hopes and promises whereof you have a long time fed us in many Diets to wit of a generall Christian and free Councell and that it should be in Germany as wee and our associats in religion have made remonstrance to your Majestie in the last Diet at Worms 5 The King of England demanded likewise that the Councell might bee in a place free and safe out of the Popes dominions And when hee understood that Italy was the place assigned he protested against it as null in the yeere 1537. His life lyes at stake saith he that dares reprove the Pope and accuse him to his face unlesse it bee in a lawfull Councell nor he nor his are secured by safe conduct And say he were there are apparent dangers and good reason why he should not come there for it is no new thing with the Popes to violate their faith to staine and imbrue themselves in the bloud of innocents and howsoever others may safely go thither for his part he could not for evident reasons For the Pope lyes in wait for him and hates him mortally 6 The King of France made the like instance in the protestation which he sent to Trent and was presented by Monsieur Iames Amiot Abbat of Bellosane the first of September 1551. For after he had made rehearsall of the war which the Pope had raised up against him hee shewes That he could not send the Bishops of his Realme unto the Councell seeing they could not have free and safe accesse Now this demand of the freedome and safety of the place is no new thing but hath been put up at other times upon the like occasion The Vniversity of Paris in the act of their appeal whereof we spoke before makes expresse mention of the safety of the place to which the appeal should be brought The Fathers in the second Pisan Councell offer Pope Iulius the second to submit themselves to a Councell of his calling but not in Rome as he would have it but in some other free place where they needed not feare Yea they named ten Cities to him in severall places of Christendome that he might make choise of one or they would give him his choice to name ten in Italy so they were not under his jurisdiction nor under the Venetians 7 The delegates sent to the Pope at Rome by the same Councell according to the commission which was given them made proffer to the Colledge of Cardinals of all peace unity and obedience alwayes provided they should agree of a common place of safety and which stood neuter for the celebration of a generall Councell the city of Rome being much suspected both by them and many more But it is fitting we here translate word for word the reasons which were urged by that same Councell of Pisa in their apology against the Pope and Cardinals who were obstinatly bent to have the Councell in the city of Rome 8 God forbid we should thinke the Lateran a safe place to meet in and treat of the affaires of the Church with safety and truth Wee much suspect there are some ambushes lurking in the Lateran and therefore from henceforth we do most resolutely and earnestly refuse it aâ— a place notoriously and evidently suspect as dreadfull and dangerous to our lives especially now when we stand upon other protestations We confesse indeed and that confidently that place iâ— very fitting and most safe for projectors there are a great number of men well furnished both foot and horse there are strong forts a navy not farre off And lastly the City it selfe with the adjacent people trained up in armes and accustomed to the warres all at the Popes devotion There are Captaines which make but small reckoning of Cardinals and Prelates when it is the Popes pleasure And the Cardinals being already possessed with this feare are not in case to counsell what is true but what will please Nay there is not a man alive but will take his oath without scruple that the place designed at Rome is full of treacheries and very dangerous both for those who called the Councell at Pisa and all those that were present there And we know nothing in all the world so certaine but is lesse certaine than what wee said before If then the comming into the City at this time be generally reputed and esteemed to bee with the great hazard of the lives of the Fathers this refusall ought not to bee offensive For what man is hee as Clement the fifth said that will easily come before a judge guarded with a strong army Who durst or could bee thought to appeare willingly before him and put himselfe into their clutches whose violence
wee must doe them right some other way The glossator of the Canon law decides the first point when hee saith That he which hath been lawfully obstinate that is against whom the formalities required in case of obstinacy have beene observed before a judge which is suspected and refuseable is not bound to send a proctour there to plead the causes of his suspition nay it is not necessary to protest but even eo ipsâ— inasmuch as hee hath occasion to make refusall all the processe is avoidable The reason whereof in my opinion is because the judge that knowes himself to be suspected should have the modesty to refuse himselfe and not stay till it bee said unto him Forbear So the old Romans used to doe and it is the practice in France which hath been prescribed to us by our ordinances recusations have ever beene admitted with ease and oftentimes it hath been sufficient to sweare that the party refused was an injust Iudge without rendring any further reason It was to be wished that the Pope had asked his own conscience and examined whether he could be judge in the case in hand seeing that he was accused and taken for a party himselfe and he also presecuting the condemnation of his enemies those whom hee had pursued with fire and sword and condemned already by his Buls Which seeing he did not doe he is therefore the more refuseable and there is a flat nullity in all his proceedings 2 In the first place the Princes of Germany assembled with their Divines at Smalcald the yeere 1537 after they had proposed by the Vicechancelour of the Emperour Charles the fifth Matthias Held aâ—â— declared the reasons that withheld them from repairing to the Councell they published a writing to that effect the contents whereof were that a Councell where the Pope and his adherents have the commanding power ought not to be holden legitimate That the power of judging belongs not onely to the Pope and the Bishops but to the Church wherein are comprehended Kings and other States That the Pope in this case is a party That it is not only his power and excesse which is called in question but his lawes and doctrine and he is accused of heresie and idolatry That he hath already condemned those whom he intends to judge in the Councell That the Convocation of it is not such as was promised it should bee namely in a place of freedome and safety and that in one or other of the Cities of Germany But because the author of this narration may be suspected by some I will produce his adversaries Pontanus speaking of this assembly saith that the Protestants after much deliberation made answer that they would never give way to the keeping of the Councell in Italy nor that the Pope and his confederate should be presidents of it That the Pope and his favourits should condemne their doctrine however sound That they would not submit themselves to his tyranny 3 Laurence Surius is yet more â—ull for speaking of that very assembly hee saith The twenty fourth of February all the confederates made answer at large which answere I would here set downe if it were to any purpose They talked much of the Councell which they would have to be free and that Luther forsooth and his companions should have as much power and authority in it if not more as the Pope of Rome although it bee directly against the customes of antiquity And this they said not without many bitter taunts of his Holynesse saying that he had broached and at that present defended a doctrine not only contrary to the word of God but also to the ancient Fathers and Councels And anon after The last of February the Protestants made answer at large to the points proposed by Held but I am loath to set them downe The summe of all that they said is in their answere to the Councell set forth by the Pope For they plead that the authority of judging belongs not only to the Pope the Bishops but also to the Church in which Kings and Princes are comprized They might as well say Hucksters Catchpols Druggists Apothecaries and such like As if it belonged to Lay men to a Cook or a Cowheard to intermeddle with the questions and decrees of the Church 4 Henry the eighth King of England although he was then a Catholique made the like protestation for heark what Surius saith of him About the same time the King of England set out a booke wherein he shewed the little account he made of the Pope of Rome and that he would neither come nor send his Ambassadors to the Councell which the Pope had called and hee ever and anon put in good store of jerkes at St. Peter Considering what we have heard from Surius that which Sleidan relates will not now be suspected 5 Presently after saith he the King of England put forth a book in the name of himselfe and the Lords of the Land wherein he complained that the Pope took upon him to call the Councell a thing not in his power to doe and that he called it then when there was open warre betwixt the Emperour and the French King Besides the City of Mantua where he appointed it should bee is no sure place for all parts nor yet convenient For his part he desired a Christian Councell but hee would not goe to the Popes nor yet send his Ambassadours for their common practice is in such assemblies to oppresse Christ and his truth for their owne advantage Nor hath he any thing to doe with the Bishop of Rome whose Edicts and commandements doe concerne him no more than any other Bishops The custome was to call Councels by the authority of the Emperour and Kings and it were fitting that custome were put â—n ure againe especially in these times when the Pope hath so many vehement accusations laid against him And yet it would cost a man his life if any one shuold be so fool-hardy as to reprove him and accuse him to his face unlesse it were in a lawfull Councell Nor he nor his are secured by safe conduct and say he were there are such apparent dangers as it is not fitting hee should come there for it is no new thing with the Popes to breake promise and to staine and imbrue themselves with the bloud of innocents And however other men may safely go thither yet for his part he cannot and that for reasons wel known for the Pope layes snares for him and hates him mortally putting him out of favour with other Kingâ— as much as he can and this for no other reason but because hee hath caâ—t off his tyranny and withholden his Peter-pence which mads him so and the rather because hee is afraid lest other Kings by his example may ere long doâ— the like At this instant the Councell is prorogued till the first of November without any mention where it shall be
and correct the sentences of Emperours and Princes having caused their Arrests in this kind to bee enrolled in their books as marks and Trophies of their victories and to serve for perpetuall presidents for the future So Clement the fifth cassed the sentence and proceedings of the Emperour Henry the sixth or the seventh against Robert King of Sicilyâ— his vassall in case of treason Heark how he speakâ—s of it We aswell out of the superiority which without question wee have over the Empire as out of that power by virtue whereof we succeed the Emperour when the Empire is vacant but especially out of the plenitude of that power which Christ the King of Kings and Lord of Lords hath confer'd upon us though unworthy in the person of S. Peter with the advice of our brethren declare and pronounce the sentence and all the proceedings aforesaid together with all that followed thereupon or from that occasion to be null invalid and without effect 9 But see the censure which a Doctour of ours passeth upon that Clementine In this Chapter saith he there are somethings which taste a little of the truth of law and somethings which doe nere a whit taste of it and herein the Pope hath beene more partiall than Apostolicall 10 Now because the Popes found some resistance now and then when they attempted the jurisdiction over Lay men to make the streame of their usurpation run more even they begun to metamorphize Lay men into Clergy men or to speake more properly to dresse them up in a Maske and make them appeare such when they came to them Marsilius of Padua hath detected this policy unto us Boniface the 8 saith hee to enhanse his Secular jurisdiction ranked all such amongst the number of Clergy-men as had married a Virgin and who contented themselves with one wife and ordained by his Decretals that they should be accounted for such And not containing themselves within these bounds they have exempted from all huâ—â—â—â—â— Civill Lawes a company of Lay men whom in Italy they call Fratres Gaudentes but elsewhere Beguins as also the Templars Hospitallers and other such like Orders together with them that are called De alto pasâ—iâ— And by the same reason they might doe so with all the rest But if all those that be of this kinde bee thereby exempâ—ed from the jurisâ—iction of Priâ—ceâ—â— accordiâ—g to their Decreâ—als it is very probable that most part of men will enter themselves in their societies considering that they receive without any â—ifferencâ— aswell the uâ—learned as learned 11 M. Peter Cugâ—ores said the very â—â—â—e in his pleadings To the end that the Ecclesiasticall Court may be enlarged saith hee the Prelates make a great many shave-pates some infants at under age some the children of servantsâ— some married meâ—â—â—learned and insufficient We will conclude this discourse with the saying of Cyâ—â—â— Pistâ—râ—usis one of our â—ost ancient law commentatours The Popes Court â—oâ—ld gladly have all the world to bee squâ—â—azed in it so great is their insatiable desire of 〈◊〉 and 〈…〉 12 The States of Germany 〈…〉 â—efoâ—â—ation in respect of the Popes 〈◊〉 and Delegates which 〈…〉 all Provincesâ— and which are ever a meanes to augment both his power and riches The Popes Holynesse say they upon the request of the Clergy is wont to send his Commissaries and Delegate Iudges through Germany as Iudges Ecclesiasticall to the end that the plaintives that procure them may cause Lay men of what ranke and quality soever to be convented before them in judgement for profane matters 13 The Peeres of France complained likewise of these Commissaries and Delegates in the time of S. Lewes as wee have seene proved already out of the place before cited So Innocent the third delegated the Abbat of Casemar and the Archbishop of Bourges to judge the controversie betweene the King of England and France 14 Charles the seventh speaks of these Commissaries in his Ordinance of the yeer 1422 Divers saith he doe endeavour to cite our subjects or cause them to be cited in the Court of Rome or before certaine Commissaries or Delegates of our Holy Father which is directly to offend against the liberties and priviledges of the Church 15 So farre is the Councell from providing against this complaint that poynt blanck to the contrary it hath ordained certaine delegated Iudges whom it will have appointed and sent into every Diocese to the number of foure or upwards according to the nomination which shall be made in the Provinciall Synod or Councell of the Diocese so as the names be sent to the Pope As if there were not Iudges enough already even Ecclesiasticall but they must needs proceed to a new creation Which mainly concernes Kings and Princes without whose will and consent new Iudges cannot be established within their Dominions 16 They addressed a complaint also against the Popes Legates which are his Quaestors and Treasurers whom hee sends into the Provinces who like those that traffique in Peru bring us little guegawes to transport our gold for them Yea which proceed further now adayes and embroyle themselves in making of Leagues to alter the state of Countries The request which they made was very pertinent namely that it might not be lawfull for such Legates to legitimate bastards incestuous persons and such as were got by a damnable copulation so as to qualifie them to inherit with other legitimate children and make them capable of all offices and dignities 17 This power hath beene oftentimes granted to the Legates that came into France and amongst others to Cardinal de Boissy who was sent hither Ann. 1519 in whose faculties this Article was included The power of dispensing in default of legitimate birth for inheriting of lands As also to the Cardinall of Ferrara 1561 in the 6 Article of his faculties And likewise to legitimat all bastards of either sex even those that are borne by unlawfull and damnable conjunction joyntly or severally so as they may bee admitted to their fathers inheritance and all other goods whatsoever whether hereditary or emphyteâ—tiques without prejudice of those that should succeed the intestate and received to all kinds of dignities Magistracies offices as well publique as private and to exercise them in like manner as if they had been truely begot in true and lawfull Matrimony and to cleare them and take away all staine of birth and restore them to their originall legitimate rights of nature 18 Espensaeus exclaimes against these legitimations and condemnes them as illegitimate What shall wee say saith he of this that by meanes of this money they legitimate bastards or such as are begotten by a damned conjunction in unlawfull marriage against the lawes of God the Church and the Prince making thâ—m capabâ—â— anâ— fit for the administration of all places and dignities and to share equaâ—â—y in the inheritancâ— with the lawfully begotten Hee disclaimes also divers other Articles of these kinde of
faculties as appeares by the passage which we have urged elsewhere speaking of the penitentiary taxes of the Church of Rome 19 This power was never more than imaginary in France for Legates were never permitted to exercise this faculty there as being contrary to the Lawes of the Land and indeed heark what the Collection of the liberties of the Gallican Church saith concerning this point The Pope cannot legitimate bastards and illegitimate persons so as to make them capable of succeeding or being succeeded by others nor to beare office and purchase temporall estates in this Kingdome 20 Many other abuses might be here alledged which are committed in these faculties as they call them that in particular which is so ordinary that it can never be forgotten To derogate from all Decrees of Councels and dispense with them or as others terme it to put a dorre or obstacle before the Councell and other Constitutions derogatory to them Of which abuse Gerson speakes thus It is not lawfull for the Pope to make so much adoe about these obstats which are ordain'd in Generall Councels Cardinall Cusan in his booke De Concordiâ Catholicâ makes a large Chapter of this But we should have enough to doe if we would seeke out all the abuses and usurpations of the Court of Rome CHAP. IX Of the Popes usurpation of Lordships and Kingdomes 1 THey have laboured hard to usurpe Lordships Kingdomes and Empires insomuch that they quite forgot the care of Spirituals Two maine causes have moved them hereunto Avarice and Ambition We shall here prosecute onely so much as concernes the first or at least as belongs jointly to both Marsilius of Padua Not content with those Temporalls which were bestowed upon them by Princes by reason of their insatiable appetite they have seized upon many temporall things that of right belong to the Empire as the Cities of Romandiola Ferrara and Bononia with divers other possessions and many lands and Lordships then especially when the Empire was vacant 2 Langius reporteth a passage out of the Chronicles of Engelbert Westerâ—itz a Clerke of Brandenburg where as much is said of the City of Rome The keyes whereof saith he were presented by the Citizens to Innocent the seventh with branches of Palme trees and the temporall dominion thereof granted unto him but with little equity and commendation forasmuch as the abundance of temporall things are no little impediment to spirituall and the Pope who is Saint Peters successor ought not to take this dangerous temporall dominion upon him for we never reade that in former times even after the donation of Constantine in which our curious Canonists doe greatly hugge themselves that any Pope did administer the temporall dominion of the City of Rome but in these latter daies and within our memorie some Popes have ventur'd to meddle with it thereby heaping upon themselves both cares and troubles howbeit from all antiquity Rome was ever the royall and imperiall City else he that should be lawfully preferred to the Empire by the Electors deputed whosoever he were should be vainly and idlely called the King of the Romanes as commonly hee is by the ancient Historians 3 There is nothing here but very true and yet our Popes beside the donation of Constantine have forged us another made by Lewes the Gentle who bestowed upon them the City of Rome in expresse termes howbeit the ancient Historians speake not a word of it and it is plaine they never enioyed that right till within this little while to wit after the time of Boniface the ninth who being intreated by the Romanâ—s to remove his seat from Avinion to Rome for the great gaines which they presaged they should reape by the approching yeere of Iubilee he being arrived there seized upon the Cittadell of the Castle of S. Angelo and made himselfe master and commander of the City for him and his successors But let us heare the testimonie of Guicciardine concerning this 4 Being returned to Rome upon these conditions while the Romanes were busie about the gaines that yeere 1400 the Pope having got the command of the City fortified the Castle of St. Angelo and bestowed a garrison in it whose successors till Eugenius although they were troubled with divers difficulties yet having fully established their government for the future the succeeding Popes have ruled the roast at Rome at their pleasure without any contradiction 5 But we shall speake more at large of such usurpations as these hereafter we will onely observe that the Popes were ever so crafty in the managing of Empires and Kingdomes under the pretence of spiritualty as to pick out something alwaies for their owne advantage So Boniface to take up the quarrell which was betwixt the King of England and Scotland whom the other King pretended to be his vassall came in play as to assist the Scotch Affirming how that Kingdome belong'd of right to the Church of Rome and that it was in his power onely to give it or take it from whom he pleased which he affirmed so as that hee would needs bee the Iudge himselfe but hee met with a people that would not beleeve him 6 A certaine King of Poland called Casimire being turned Monke and enâ—red into the Abbey of Cluny in France was dispensed with for his vow by Pope Bennet at the request of the Polanders repenting themselves of their fault so as he had licence both to reigne and to marry but for the pot of wine It was ordained by the Pope that the Polanders should pay a yeerly pension to S. Peters Church in Rome for maintaining of candles which is called in Polonish Snatro Petre that is S. Peters Saint 7 Charles of Anjou brother to S. Lewes the King was by Clement the 4 who prosecuted the designe of his predecessour Vrban the 4 Declared King of Ierusalem and Sicily with this condition that he should pay fourty thousand crowns yeerly to the Church of Rome by way of fee. Wherein two usurpations are remarkableâ— one in the manner of the fee which Peter Anaclete the anti-Pope had formerly laid upon Sicily the other in the tribute which Clement the fourth added de â—ovo 8 But there is nothing so memorable as the usurping upon the Kingdome of England where excommunication was openly profaned King Iohn of England being at enmity with the Lords of the Land by reason of certaine injuries pretended to be done unto them by him was excommunicated by Innocent the third the yeere 1513. This excommunication was carried from Rome by Stephen Archbishop of Canterbury William Bishop of London and Peter Bishop of Ely who thundred it out in France where that King had then certaine Earledomes and Dukâ—domeâ— after they had acquainted King Philip Augustus with the whole businesse Whom those Bishops commanded as also all others for the remission of their sinnes that invading England in hostile manner they should depose King Iohn from his crowne
presided there 3 We read in an old French Historian that Rhabanus Archbishop of Mentz presided in two severall Councels holden in that Citie by the command of Lewes the Gentle But the same authour tels us plainely that it was the same Emperours pleasure and in his absence seeing that in the Acts of those Councels at least of the first for the rest wee have not the same Rhabanus and all the Synod speake continually of the Emperour with a great deal of humility even referring all to his judgement But heark what the forecited author saith of it Orgarius Bishop of Mentz dyed in the yeer 847 and Rhabanus succeeded in his place who by command from King Lewes held a Synod at Mentz the same yeere The title of that Synod imports that Rhabanus presided in it whence it follows that it was by virtue of the Emperours command The same author saith In the yeer 852 there was a Councell holden at Mentz the Metropolitan Citie of Germany by the will and command of the said most renowned Prince Rhabanus Archbishop of that Citie being President of it A litle after he addes further that at the same time while they treated of Ecclesiasticall matters the King was imployed in publique affaires and that they sent their Decrees unto him to bee confirmed a certaine testimony that the presidence was conferr'd upon Rhabanus by the Prince 4 King Charles the Bald was present at the Councell â—olden at Piâ—tis upon Sein in the yeer 863. Hee is named first the Decrees are conceived in his name whence it follows that hee presided there Wee may make the like inference of all those other Councels which run in the name of our Kings or to speake more properly where our Kings speak and decree such things as are proposed with the advice of the Clergy of which kind we find good store for without doubt either they themselves presided in them or others for them 5 King Arnold after he had called the Councell of Triburâ— in the yeer 895. presided there himselfe as may be collected from that epistle which contâ—ines the Preface which is likewise avouched in plaine termes at the end In this holy Councell the devout Prince and most renowned King Arnold being President and imploying himself about it the holy fathers and Reverend Pastors of the Church which came thither were all seated 6 Philip Augustus call'd a Councel at Paris ann 1â—84 at which he presided as is collected from the words of the author who speaks thus of it He commanded a Generall Councell to bee called at Paris of all the Archbishops Bishops and Princes of his Realme which he having kept with them by common advice by his authority royall hee enjoyned the Archbishops Bishops and all the rest of the Ecclesiasticall Prelats by their frequent Sermons and exhortations to perswade the people committed to their charge to goe to Ierusalem to defend the Christian faith against the enemies of the crosse of Christ. 7 When King Lewes the father of St. Lewes reigned in France saith Iohn le Maire and Gregory sixâ— Romanus the said Popes Legat came into France by the will of the King there was a Councell of the Gallicane Church assembled whereat the King and the said Legat did preside 8 In the yeer 1286 there was a Councell holden consisting of all the Prelates and Barons of France Against Pope Boniface the eighth where King Philip was present in person and presided at it reckoning up all the outrages and injuries which hee had received from that Pope Boniface saith the same authour 9 The Ordinance of Charles the sixt in the yeer 1408 makes mention of certaine Presidents by him established at a Councell holden at Paris Not long agoe saith hee it was proposed and demanded by our Atturney Generall at a Councell holden at Paris consisting of the Bishops and Clergy of the Churches within our Kingdome and Dauphiny where our cousen Lewes King of Sicily our eldest sonne Duke of Aquitain and Viennois the Duke of Bourges our unkle by the fathers side the Duke of Burgundy our cousen and the Duke of Bourbon our unkle by the mothers side did preside for us that the Popes exactions and other grievances formerly rehearsed might be utterly abolished 10 King Lewes the eleventh caused a Councell Of the Gallicane Church and all the Vniversites to bee assembled in the Citie of Orleans to bee more fully informed in the businesse of the Pragmatique Sanction at which Peter Duke of Bourbon Lord of Beavieu presided in steed of the King 11 There are Presidents in store for England too William the first presided in a Councell holden at Roan in the yeer 1073. It was judged saith an English authour at a Councell holden in that Citie where William King of England was President that the Monkes which were guilty of the cryme should bee kept in close prison during the Bishops pleasure The same King presided also at another holden before that at Silchester in the yeere 1070 whereof we have spoken elsewhere In the year 1102 or as others have it 1070 Anselm Archbishop of Canterbury called a Generall Councell of the Churches of England to London and presided at it but it was with the consent and good will of Henry the first where some Ecclesiasticall affaires of great importance were treated of 12 Wee could also produce some examples for Spaine for hee that shall read the Councels holden in that Countrey â—ill easily acknowledge that the Kings had all the authoritie in them whensoever they were pleased to use it 13 All the discourse which wee have made upon this point is in a manner superfluous for having proved by so many examples that Kings and Princes called Councels it follows that they had also authority to preside in them which yet they did not alwayes use being for the most part more apt to weild the sword than to manage an Ecclesiasticall action to give their opinions or cause others to opine in spiritual matters to pronounce the sentence of judgement and such like For this reason ofttimes they left all to the Clergy without intermedling themselves but when they were pleased to interpose they were so farre from being censured for taking too much upon them that on the contrary they were highly extoll'd and commended for it And what was spoken to the Emperour by an Archbishop of Bulgaria is applyable to all Princes within their owne Realmes and Dominions The Emperour saith hee as the common-skilfull Monarch of the Churches is President of the Decrees of Councels and makes them bee in force he ordaineth Ecclesiasticall orders hee sets lawes to the life and policy of those that serve at the Altar c. CHAP. XIV Of the approbation and authorisation of Councels 1 IT remaines now that we speak of the authorising of Councels which the Popes in their books arrogate unto themselves exclusively to all others which is also
What would a man desire more Bellarmine knew well enough that this reason is but of base aloy for contenting himselfe with the bare mention of it and quoting of the authors for his part he hath recourse unto others but such as are no whit stronger He saith then for the Councell of Constance that when it made these Decrees it was not such as had power to determine controversies of faith inasmuch as it was not then Generall that it had but the third part of the Church to wit onely so many Prelates as obeyed Pope Iohn the three and twentieth and not those which obeyed Gregory the twelfth and Bennet the thirteenth And marke here how hee would enervate what was done by a Generall Councell because of the absence of some schismaticall Prelates By this reason all the Councell should be a nullitie from the beginning till the end and not a part of it only as he would have it For the Prelates which acknowledged Gregory for Pope never assisted at it but persisted with their Pope in that schisme even til the end And yet Bellarmine affirmes that this Councell is legitimate and approved only for the reason aforesaid hee excepts that Session wherein these Decrees were enacted It was not then such saith he that it had power to make these decisions in matters of faith But I beseech you a Councel consisting of two hundred Fathers then when it made these Decrees where the Emperour and many other Princes were present in person the Ambassadours of all the Kings and Princes of Christendome except two the Proctours and Syndiques of all the Nations and Vniversities in Christendome and so many persons of another quality in such abundauce that above thirty thousand horse were seen to arrive there at the beginning as Nauelerus testifies This Councell I say according to Bellarmine could not ordaine any thing concerning the power of the Pope and of a Councel by reason of the absence of some schismaticall Prelats Now let any man be judge if any thing firme and strong can bee expected from Councels Now that all those whom wee mentioned were at the enacting of those Decrees is apparent from the very text of the fourth Session the words are these The thirtith of March there was holden a Generall Session in the Cathedrall Church of Constance in which there were two hundred Fathers c. There was also the King of the Romans with the habit and formalities belonging to the King of the Romans After masse was done the Cardinal of Florence read certaine constitutions which should be observed by the Councell the tenure whereof is set down hereafter which being read and approved by the Generall Councell Henry de Piro Proctour and Syndic for the German nation did desire in behalfe of that Nation that a copy of those ordinances that is the Decrees mentioned might be given unto him The like was required by the Proctours and Syndiâ—s of all the countries subject to the King of the Romans of the Vniversities the Schooles and Ambassadours there being present at the same time the most illustrious Princes Frederic Burgrave of Noremberg Ralf Duke of Saxony the Count Madesburg Count Bertold de Vrsinis the Ambassadours of the Kings of England France Poland Norwey Cyprus Navarre and also Iohn Vicount of Milan the Marquesse of Montferrat and divers other nobles and reverent Fathers in great abundance Shall two schismaticall Popes with their Prelates of the same stuffe have more authority than all this great multitude 4 Now that these Fathers were Schismaticall and consequently those of their faction before those Decrees were maâ—e is apparent from the testimony of Platina himselfe who speaking of the first Councel of Pisa where their deposition was decreed before that of Constance By mutuall consent saith he they deprived Gregory and Benet of the Papall dignity all nations assenting to that so hard sentence except the nether Spaine the King of Scotland and the Earle of Armaniac who favoured Pope Benet Now this deposition together with all the Decrees of this Councel of Pisa was confirmed by Alexander the fifth who was accounted lawful Pope And yet Bellarmine will have these two Popes with their Prelates to make two parts of the Church For see what hee sayes of the Councell of Constance It was not then a Generall Councel because there was only the third part of the Church there to wit only those Prelats which obeyed Iohn For those which obeyed Gregory and Benet did oppose that which was done by the Councell Hee saith further That there was no certaine Pope in the Church without whom controversies in faith cannot bee determined So that hee doth not acknowledge Iohn for Pope who was then acknowledged by all and was so ever after untill his condemnation Platina testifies that he was created at Bononia with the consent of all It is he that called the Councel of Constance it is he that assisted in some Sessions of it He was not indeed at the fourth and fifth where these Decrees were made by reason of his flight But hee was lawfull Pope tho and continued so still till he was deposed and condemn'd which was occasioned by his lewd life and those crimes committed by him As also on the other side hee acknowledged it for a lawfull Councell For upon the very day of the fourth Session came the Archbishop of Rhemes with letters of credence from him the contents whereof were That his suddaine departure was not for feare or cowardice but by reason of the bad aire and that he offerd to fulfill all that he had promised to the Councell and when they proceeded to his condemnation approv'd of all â— adding that in all things hee conform'd himselfe to every ordinance deliberation and determination of the said sacred Councell and that he ratified the processe made against himselfe affirming the Councell of Constance is most holy that it cannot erre that it is a continuation of that of Pisa and that he would never contradict the sacred Councell of Constance 5 But suppose there was no Pope certain what followes upon that That the Councel saith Bellarmine could not deliberate upon matters of faith This is ever to returne to the place whence wee came 't is as much as to say The Pope alone is more than all the body of the Councel Hee hath more authority than it The councel hath not its power from Christ immediatly But see here that which strikes the stroke Pope Martin the fifth accounted legitimate by all and confessed God be thanked even by Bellarmine himself hath approved the Acts of this Councell in the last Session of it Bellarmine slyes to his distinctions saying He confirmed only such Decrees as concerne the faith such as were made Conciliariter that is saith hee according to the use in other Councels after the thing had beene diligently examined And it is apparent saith he that this Decree was made at the Councel of Constance
hath reckoned up all the Archbishopriques that were at that time in Christendome it placeth the Emperours and Kings in this manner Christian Emperours The Emperour of Rome The Emperour of Constantinople Christian Kings The King of France The King of England The King of Castile and Leon. The King of Sicily The King of Aragon The King of Hungary c. 13 The French colours saith Baldus march alwaies foremost and no other King whatsoever may goe before them And elsewhere The King of France is above all other Kings Our Doctours marshall the Kings so that they alwaies put him of France in the fore front as Alberiâ—us de Rosate Antonius Corsetus and others Some of them tell us that if hee be walking with the Emperour at the going in at doores and other strait places they enter both together sidewise and the one doth not goe before the other Boniface de Vitalianis witnesseth that at Rome in his time hee that spoke of a King without addition was supposed to meane the King of France An ancient Greek authour saith the like for his time An English Historian saith the King of France is accounted the chiefe amongst all Kings In briefe it is the common opinion of all the Doctours that ever writ of it to seeke no further even of the Spaniards themselves 14 I will content my selfe with setting downe here in this place what hath beene spoken of this point by one of the King of Spaines owne subjects Lancelot Conrade by name as considering that his testimony is authentique and void of all suspicion The Doctors saith he doe sometimes dispute which of all the Kings is to have the first degree of honour and who is preferred above all the rest But they seeme generally to agree that this honour belongs entirely to the King of France for he is styled the most Christian King and is above all Kings at this day and takes place of them as Baldus teacheth Ad § ult Colum. ult tit De prohibita feudi alienatione per Fridericum And before him Iohannes Andraeas in cap. 2. De praebend in 6. Which is followed by Paris de Puteo in Tract de duello § nobilis provocavit num 10. lib. 25. And Nicholas Boerius Tract de ord grad utr for in prima parte num 12. And that by the authority of Albericus de Rosate in Rubric Digest de statu hominis De Ripa saith likewise in his Tract De peste part 1. num 80. according to Baldus Cons. 217. Ego puto volum 3. that no man may pretend any prerogative of honour against the colours of the King of France Hee afterwards comes to speake of the King of Spaine whom he highly extols for his power greatnesse and titles yet so as for matter of order he alwayes makes him inferiour to the King of France And yet for all that he was his Prince and Conrade his naturall subject as being a native and inhabitant of the towne of Lauda within the Duchy of Milan For marke what hee saith himselfe of it when he reckons up the titles of the King of Spaine He is King Prince Arch. Duke Duke and Lord of divers townes and was not long agoe made Duke of Milan our Lord and our Duke There is yet more in it namely that the saying of this Doctour was confirmed and authorized by a Decree of the Senate of Milan that is by one of the King of Spains Soveraigne Courts For heare what the same author saith of it in his preface Petrus Paulus Arigonus third President and one of the Kings Counsellours in the Province of Milan and with him Petrus Antonius Marlianus Iohannes Baptista Raynoldus Danesius Philiâ—onus Marcus Antonius Caymus Commissary appointed for this matter by speciall deputation Paulus Alia Ludovicus Mazanta Octavianus Bignamus Senator elect by the King as being of Lauda Iulius Clarus Polictonius Mediobarba Molineus Scipio Symoneta and Leonardus Herera famous Lawyers and honourable Senatours have by a speciall Decree ordained that this booke may be published Nay Pope Pius himselfeâ— as the same authour affirmeth in the processe of that discourse confirmed it it may be without ever thinking of this And afterwards saith hee the great Pope Pius the fourth confirmed and as it were consecrated this Temple by imposition of hands 15 And yet for all that he was the man who would have put the King of Spaine in equipage with ours at the Councell of Trent as Onuphrius testifies It is true which hee addes that the same Pope gave the precedency of honour to our Kings Ambassadour at Rome Not long after saith he when there arose a controversie betwixt the French and Spanish Ambassadours who should have the more honourable place in publique assemblies which was hatched long before by meanes of Francis Varga the Pope after much dodging at last adjudged the first place to the French after he had beene long plodding about a forme of agreement but could finde none For the Spaniard denied the precedency to the French and the French would not endure that he should be made equall with him But there is alwayes in the Popes exactions as well as in the decrees of our Councels somewhat in the fag-end that spoiles all For marke what followes Vpon this occasion Ludovicus Requesenius great commander of Castile and Ambassadour of Spaine being displeased departed from Rome after hee had made his publique protestation to the Pope which the Pope admitted and promised him he would judge of it I know not how he meanes to proceed in it for to judge after he hath once determined it himselfe to what purpose seeing there is â—o new evidence come in and that he was so long a consulting about that judgement which he passed To referre it to a Councell that were as much as to confesse himselfe inferiour to it he will beware of that blow So you see we are put upon the quarrell againe 16 After that there were some Popes that altered the place which the Emperours Ambassadours and they of other Kings used to have in their Chappell made choice of another altogether inconvenient to the intent that they not accepting of it the Spanish Ambassadours should not lose the precedency which fell out accordingly And from that time forwards there hath beene a contention about precedency betwixt the Ambassadours of the two Kings Which was debated at Venice when the league was concluded against the Turke betwixt the Pope the King of Spaine and the Venetians For the Spanish Ambassadour entreated that the French might not assist at the Ceremonies But the Signiory thought it fit that he should hold that ranke of honour which belonged unto him And so he did It is true the Spaniard who was a Church man to slip his necke out of the collar desired that he might sing Masse which was granted unto him As for the Court of Rome the King of Spaine hath for some late yeares had so much
those as answere these to whose graver judgements hee submits both himselfe and these his weake endeavours in a modest confidence of their candid interpretation AN ADVERTISEMENT to the READER prefixed before the FRENCH Copie THis Booke is not for those that have made separation in point of Religion but for such good Catholiques as desire to see an holy reformation of it Here you shall finde the demands that were put up to that end at the Councell of Trent by the Emperour the King of France and other Catholique Princes not Protestants and the small regard that was had of satisfying them Here you shall read the tricks that were used both in this and some precedent Councels to wave that reformation which was so earnestly sought after and withall you shall understand a good many of the points wherein it consisteth The method which the Authour hath used may bee set downe in few words Hee makes two kinds of nullities one in the forme and manner of proceeding which he delivers in the first Book the other in the matter And these later consist either in denyal of justice which is handled in the second Book Or in the injustice of the Decrees themselves concerning which he sets downe two maxims The first that they advance the Pope to an unlawfull power stripping Councels Clergy yea Kings and Princes of that authoritie which belongs unto them to transferre it upon the Pope and this is proved in the third fourth fifth and sixt Books The second that they pull downe the honour and authoritie of Christian Princes and Secular powers which is treated of in the last Book See here the subject wherein many learned men both Devines and Lawyers have travailed long agoe before the names of Luther and Calvin and such as embrace their doctrine were ever heard of which doctrine is not here defended nor shall you find any thing that concernes them in particular The ancient liberties of the Church are represented here in divers passages the very same with those that carry now the name of the Gallicane Church whither they made their retreat when they were chased out every where else yet not without danger of being lost and that not in part but in whole by a blow from Trent VVhich would plunge us again into those miseries wherof our Ancestors begun to bee sensible long agoe which they have left unto us by tale upon record in the ancient Histories and Edicts of our Kings the Rolles of the States General the Remonstrances of the Courts of Parliament and many other ancient Monuments Nor doth it lesse concerne the interest of our Soveraigne Lord the King whose honour and dignitie are shamefully disgraced his authoritie vilified his power rebated with a generall prejudice to all the French who in particular are egregiously wronged in divers things as may be fully knowne from this discourse You must further observe that the Authour was not willing to meddle with what properly concernes divinitie as unwilling to transgresse the bounds of his profession or speake any thing upon this occasion of those demands which were made by Catholique Princes in this Councell touching the reformation of abuses about Images Pilgrimages Reliques of Saints keeping of Holy dayes convenience of the marriage of Priests Communion in both kinds celebration of divine service in a vulgar tongue and such like contenting himselfe with a bare mention of those demands and no more A SVMMARY OF The Chapters BOOKE I. Chap. I. Pag. 1. 1 THe many abuses of the Pope and Court of Rome The occasion of calling this Councell How the Popes sought meanes to decline it How politiquely they carried themselves in it in the election of thâ— place admittance of persons and passing of Decrees The great account they make of it 2 No noâ—â—lâ—y 〈◊〉 oppose the Pope or a Councell Ancient bickerings of Popes with the Emperours of Germany With the Kings of England 3. c. With the Kings of France 8 Where the Kings were assisted by the Parliaments Vniversities Devines Lawyers Prelates and other Clergie both severall and in Councell 9 10 Councels against Popes 13 Harsh letters to Pope Nicholas 14 15 Councels suborn'd by Popes against Princes 16 The Councell of Ferrara or Florence not admitted at all in France 17 That of Basil but in part That of Lateran totally rejected The Councell of Trent more usurping than any than all these Chap. II. p. 12. 1 SEverall instances made to the Kings of France for the receiving of this Councell but still rejected As to Charles the ninth by the Pope the Emperours and other Princes 2 His answer to their demand 4,5 Instances made to Henry the third by the Clergie of France With severall Orations to that purpose 9 His answer to the King of Navar. 13 Hee further importun'd by Provinciall Councels 15 All these instances made by the Popes iâ—stigation 16,17 Who use to serve themselves of the Clergie against Princes 19 The rejection of this Councell never objected to this King by his accusers 20 Some things ordain'd consonant some things contrary to this Councell Chap. III. p. 20. 1 THe Pope was a party and therefore could not call the Councell nor be judge in his owne cause 2 According to his owne Canon law Besides there were severall Appeales from him put up by Luther the Archbishop of Cullen the Vnivositie of Paris the Protestants of Germany and therefore he was disenabled from being Iudge of the Appeale Chap. IV. p. 21. 1 THat the Pope stood in need of reformation and therefore incapable of being Iudge 2 Confessed by Pope Adrian 3 By the Councels of Constancâ— 4 Basil and Pisa. Yet nothing reform'd Chap. V. p. 23. 1 PRotestants were condemned before they were called to the Councell and may therefore justly refuse it 3 The Pope knownly hated them therefore they needed not obey his summons 6,7 An enemie should not be a Iudge Chap. VI. p. 25. 1 WArres on foot in the time of the Councell 2 Complain'd of by the Protestants 3 Confest by the Popes 4 Approved by the Councell 5 As the Parman warre 7 And civill warres of France 10 Whereby many were hindred from going to the Councell 11 And therefore ought not to be prejudiced by their absence 12,13 The Councell question'd whether continued or ended Chap. VII p. 30. 1 DEmands that the Councell might be kept in some free place made by the Germans 5 By the King of England 6 By the King of France 7 As formerly by the Pisan Fathers 8 Their Apologie 10 Trent no free place but subject to the Pope 11 Letters of safe conduct no good security 12 Of what consequence the place hath beene anciently reputed 13 By Pope Iohn the 23. 14 Summons to a place not safe are invalid 15 And have beâ—ne so judg'd by Popes 17 And Canonists 18 Where the place of judgement is not safe there may be an Appeale Chap. VIII p. 36. 1 ALL were not called to this Councell that should have beene 2 Noâ—
all the Clergie nor any of the Laity Contrary to ancient custome 3 4 Lay men sometimes admitted to bee Iudges in controversies of faith 5 Yea even Heathen Philosophers 7,8 Controversies sometimes decided by Councels 9 Sometimes by reference 10 Sometimes by conference A meanes proposed for reconciling the present disterence in Religion 11 12 Further prosecuted 13 Lay mens plea for admittance in this Councell 14 Bellarmines answer examined 15 The power of Emperours and Kings in this case 16 17 Some of them have beene Iudges in Councels 18,19 Lay men admitted by Kings to assist at severall Councels 30 31 And Spaine 32,33 c. And England 36 37 Admitted likewise by Emperours 38 Yea summoned by Popes 40 Lay mens presence in Councels not absolutely necessary and when convenient 43 The ignorance of the Popish Clergie 44 The Authours apologie 45 The assistance of the laity allowed by severall authours 46,47 Practised at severall Councels Trent excepted 48 Anodious doctrine to Popes and why Chap. IX p. 47. 1 THe Trent Fathers were the Popes creatures 2 That abuse observed by the Emperour 3,4 Complain'd of by the French Ambassadours 5 6 And Protestants of Germany 8 As good as confest by the Popes themselves 9 The charges of Councels defrayed formerly by the Emperours 10 Of late by the Pope And therefore the judgement of such Councels in the Popes cause refusable Chap. X. p. 51. 1 THis Councell compared with others for number of Bishops 2 Which were so few here that it cannot be accounted generall 3 Henry the seconds protestation against it upon that ground 4 The number in the later Sessions doth not legitimate the paucitie in the former Chap. XI p. 53. 1 THe Emperours letters to the Pope about the indirect dealing of the Councell 2 The French Ambassadours oration in the Councell to that effect 3 Their retire from the Councell Chap. XII p. 54. 1 ALL processe made by a suspected Iudge is void 2 The Pope challenged as an incompetent Iudge in this Councell 3 The Councell protested against by the Germans 4,5 By the King of England 7 By the Kings of France 9 Sentence passed upon absents invalid 10 Yea though they had beene present there may be a second judgement 11 As was in the case of the Donatists 12 And Arrians 13 Otherwise we cannot decline the sentence of the Councell of Ariminum 15,16 Other heresies sentenced in more Councels than one 17 The injust dealing of the Councell of Ephesus Pope Leo's protestation against it holds good against this of Trent BOOKE II. Chap. I. p. 61. 1 NVllities in the matter of the Councell As in deniall of justice 2 In things demanded by the Emperour 3 By the King of France 4 By the Catholique Princes of Germany 5 By the Duke of Bavaria In which demands are particularly mentioned such abuses as should have beene reformed 7 Many of them confest by the Deputies of Paul the third Chap. II. p. 65. 1 THe abuses complain'd of not reform'd by the Councell 2 Reformation of the Head the Pope and Court of Rome demanded by Princes confessed necessary by Popes 3 Yet not medled with by the Councell 6 The Authors protestation to set downe the Papall not the personall faults of Popes 7,8,9 c. The complaints of many ancient Popish authours against the abuses of the Pope and Court of Rome with some Councels that attempted but effected not a reformation Chap. III. p. 74. 1,2 c. ANcient complaints against the inordinate desires of the Popes after temporals which made them neglect spirituall matters 5,6 c. All things set to sale at Româ— even the Holy Ghost 7,8 The avarice and exactions of that Court. 10 As great since as before this Councell Chap. IV. p. 78. 1 BY what meanes the Popes enriched themselves 2 A price set upon all sins in his Penitentiary tax 4 The tax of the Chancelourship 6 The tax upon Bishopriques 7 Exactions of Annats or first-fruits 14 When the Pope first usurped them 18 The Emperours anciently required them not 21 Of selling the Pall. 22,23 The state of first-fruits in France 25 The Popes ancient incomes out of England 26 Their simoniacall gettings by Reservations Graces Provisions c. 27 Their impositions of taxes and tributes upon kingdomes Particularly upon England 28,29 What trickes they used to oppresse this Realme 30 The Popes proverbe of England 31 The like oppressions and complaints in France 33 The Popeâ— challenge to the goods of Clergie men that die intestate Their revenues onâ— of the stewes Their yearly Kinâ— Chap. V. p. 91. 1 THe Popes exactions under colour of a holy warre By absolving such as had taken the Crosse upon them 2 And raising levyes for the maintenance of the holy Land 3 And reparations of St. Peters Church 5 The Popes used the colour of a holy Warre to wreake their own spite 7 And converted those collections to their private ends Opposition made against them in Spaine Chap. VI. p. 94. 1 BY what meanes the Popes cheated other Patrons of their advousons and presentations to Ecclesiasticall livings 2,3 Ancient complaints against this abuse 5 Of their conferring them upon lewd persons 6 7 Remedies provided but not applyed 9,10 Of their preferring dunses 11 And aliens 12 The inconveniences that follow upon this 13 14 Vrged by the French 15 Confessed by the Cardinals but not yet reformed by the Pope Chap. VII p 99. 1 OF drawing all suits concerning causes and persons Ecclesiastical out of other nations to the Court of Rome 2 Inconveniences thence ensuing 3 4 5 c. Complaints made against them 7 Of appeals to Rome 8â— 9 The multiâ—â—de and abuse of them 10 11 The Court of Romes usurpation upon the Lay jurisdiction Chap. VIII p. 102 1 BY what meanes the Popes get the jurisdiction over causes and persons civill Of Ecclesiasticall informations 2 Of the intervening of an oâ—th 3,4 A law made in France against the Popes usurpation in this kind 4 And the statute of Premunire in England 5 The Popes intermedling with Emperors and Kings Their crownes and dignities 6 As King Edward the first of England The Pope rejcted by Parliament 8 The judgement passed by Secular Princes disâ—â—â—â—ed by Popes 10 11 Of their metamorphosing Lay men into Clergy men 12 Of the Popes Commissaries and Delegate Iudges 13 14 Anciently complained of 15 Not reform'd but confirm'd by this Councell 16 Of the Popes Legats 17 18 Their power to legitimate bastards 20 And other faculties as to dispense with Councels Chap. IX p 107 1 OF the Popes usurpation of Lordshipsâ— and Kingdomes 2 Of their temporall dominâ—on in Rome 3 4 How they hold it and when they got it 5 Thâ—ir claimâ— to Scotland 6 Encroaching upon Poland 7 And Sicily 8 Especially England in the time of King Iohn 9 10. That story more at large 11â— 12 Excommunications abused by Popes to secular ends 1â— 15. c. Their inordinate desire of preferring their Nephewes and kindred by indirect meanes
19 20 c. Their excessive luxury Chap. X. p. 112. 1 OF the unlimited and injust power of Popes 2 3 Given them by their flatterers 5 And admitted by themselves 8 Wherein the plâ—nitude of the Popes power is said to consist 9 How superior to Angels 10 And th'Apostles 12â— 13â— 14 How deified by his flatterers 15 The adoration of his feet 20 The donation of Constantine 21 22. c. Severall Popish maxims concernâ—ng the Popes supreme authoritie in temporals 30,31 c. Of his transferring the Eâ—pire and bestowing of Kingdomes 41 Absolving subjectâ— from the oath of â—llâ—geance 52 Power 〈◊〉 Infidel Princes 53 Donation of the West Indies 55 Testimonies of Popes for their supremacy 56 The King of France 〈…〉 how evaded by Popes 57 The Popes usurpations over Kings approved by this Councel 59 The King of France frivolously excepted 60 The ill consequences of the Popes temporall power Chap. XI p. 120. 1 OF the Popes honours How they make Kings their Lacqueyes 2 By their Ceremoniall 3 And have required the actual performance of these services The quarrell with the Emperour Frederick for holding the wrong stirrop 4 For putting his name before the Popes 6 7 Other insolent carriages of Popes towards severall Emperours and Princes 10,11 A draught of the Popes greatnesse 12 Those authours that extend it furthest best encouraged others supprest and purg'd Chap. XII p. 123. 1 POpes opposed in their attempts over Kingdomes and Empires By the Clergy of France 3 4 In their excommunicating and deposing of Emperouâ—s 5 By the Clergie of Liege 6 The Popes power in temporals spoken against by St Bernard 7,8 c. And divers others 10,12 Opposed by the Nobles of England 13 14 The Nobles and Clergy of France 15 The States of the Empire 16 17 The Canonists 21 23 Devines and Historians 24 25 Princes and Parliaments 26 27 Popes absolving subjects from their allegeance disproved 33 A list of such authours as deny their temporall power Chap. XIII p. 131. 1 A Parallel betwixt Christs humilitie and the Popes ambition 2 The pride of Rome bodes her fall 3 The Court of Rome like the image in Daniel 4 A prophecy of a King of France Chap. XIV p. 134. 1 THe number of Cardinals too great 2 An occasion of many abusesâ— 3 Of their prodigious plurality of benefices 4 Their number anciently complain'd of 5 But not reform'd by the Councell BOOKE III. Chap. I. p. 137. 1 THis Councel gives too much to the Pope 23 By allowing them the power of calling it 4 And submitting all the Decrees to him 5 6 And allowing him the power to translate it 7 Popes usurpe the power of calling Councels 8 Or at least of approving them 9 Councels anciently called by Emperours not Popes without either their command or explicite consent Both generall aâ— the first of Nice 12 thâ— first of Constantinople 13,14 c. Without any command from the Pope proved at large against Bellarmine 18 The first of Ephesus 22 Bellarmines ansâ—â—rs refuted 26 The first of Chalcedon 30 The Councel of Sardis Chap. II. p. 145. 2 THe fift Generall Councell at Constantinople called without the Popes consent 3,4 So likewise the sixt 5 And seventh being the second Nicene 6 And eight generall at Constantinople 8,9 c. Fifteen other Councels some 〈…〉 called by Emperours withoâ—t the Popes 〈◊〉 19 The 〈…〉 tâ— come upon the Empâ—râ—urs call 20 That Conâ—â—lâ— were called by Emperours is confess'd by Popes Chap. III. p. 149 1 EMperors called not Councels by commission from the Pope 2 But Popes were petitioners to them for the holding of them As Liberius to Constantius 3 Celestine to Theodosius 4 5 6 And other Popes to other Emperours 7 8 Which was the common practice of other Bishops 9 Popes sometimes called Councels by commission from the Emperours Chap. IV. p. 151. 1 THat Emperors when they called Councels directed their summons to Popes as well as to other Bishops 5 How in ancient Councels they spoke by interpreters 6 The Popes ignorance in the Greek 7 8 Popes presence at Councels not entreated but commanded as well as others Chap. V. p. 153â— 1 DIvers particular Councels called without the Popes presence consent or authority 2 Yet they claime the power of calling them as well as generall 4 Examples of severall Councels called against Popes Chap. VI. p. 154. 1 THat notwithstanding all these authorities the Popes arrogate to themselves the power of calling Councels 2,3 Their testimones answered 4 Generall Councels should not be held unlesse the Pope be called to them 5,6,7 That priviledge common to him with other Patriarchs 11 The old Canon upon which the Popes build their authoritie examin'd Whether one of the Apostles 12 Whether confirm'd by the Nicene Councel 13 Ancient esteeme of the Bishop of Rome 14 Or at Alexandria 16 17 Spurious Canons and testimonies imposed upon ancient Popes 18 Ancient practice contradicts that pretended Canon 20 How long it is since Popes first tooke upon them to call Councels 21 Emperours called some since that 23 Popes may call Provinciall Councels within their owne Diocese Their particular Diocese of what extent 26 As may other Patriarchs 27 Whether a Generall Councell be now possible if not called by the Pope Chap. VII p. 161. 1 POwer of calling Provinciall Councels given by the Councel of Trent to the Popes 2 Which anciently belonged to Kings and Princes 3 Proved to belong to the Kings of France in France 4 5 A particular enumeration of above forty nationall Councels called by command of the Kings of France 18 Of others by their consent and approbation 19 Councels called by the Kings of England within their dominions 20 Many others by the Kings of Spaine Chap. VIII p. 167. 1 THat it belongs to the Emperors and Kings to appoint the place where Councels shâ—ll be held and not the Pope 2 Proved by examples of Emperours and petitions of Popes 4 That Princes also prescribe the time when Councels shall be holden Chap. IX p. 169. 1 THat the power of prorogueing translating and dissolving Councels belongs to Emperours and Kings and not to the Pope 2 3 That power used by the ancient 6 Challenged by late Emperours Chap. X. p. 170. 1 THat it belongs to Emperours and Kings to prescribe what persons shall bâ—â— admitted in Councels 2 And what matters shall bee handled in the â—â— 3 And in what manner 7 And forme Chap. XI p. 173. 1 THat the Presidence in Generall Councels belongs not to the Pope exclusively but to Emperours as also the judgement in them That Constantine was President of the Nicene Councel Reasons to the contrary answer'd Athanaâ—ius his testimony censured 3 How Princes may fitly use their authority in Councels 5 Who presided in the second Councel of Ephesus 6 Zonaras and Evagrius misalledg'd by Bellarmine 7. The Emperour appointed Iudges in the Councel of Chalcedon 8 Which were not the Popes Legates 8 9 c. Arguments to the contrary
Chap. II. p. 260. 1 OF Fraternities how devoted 2 How dangeroâ—â— to the State 3,4,5 Of the Fraternity of the Chaplet or the Order of Penitents 6 Of the sect of Flagellants 7 8 Their originall and orders 10 Gersons booke against them Chap. III. p. 265. 1 DIspensations abused by the Pope 2 Hee takes upon him to dispense with the Lawes of God and man 3 Complaints made hereupon by the Catholiques in Germany 6 By Saint Bernard 7 By the Parliament of England 9 By the Councell of Constance 10 By Iohn Gerson 11 By the deputies of Pope Paul 12 Reformation demanded at the Trent Councell 13 Which medled with them onely in three cases 14 And that as good as nothing 15 And contrary to the liberties of France Chap. IV. p. 269. 1 OF unions of Benefices both reall and personall Which the Councell leaves to the Popes disposall 2 Which of right belongs to the Bishops of the Dioceses with consent of the patrons 3 Vpon reasonable cause 4 5 6 Otherwise they have and may be disanull'd nothwithstanding any prescription 7 Contrary to the Councell of Trent which allowes prescription in some and the Popes pleasure in all Chap. V. p. 271. 1 OF the residence of Bishops Which the Councell leaves to the Popes approbation To the prejudice of Princes and Metropolitans 3 To whom it belongs to approve the causes of their absence 2 How Popes by this meanes deprivâ— Princes of their best servants 4,5,6 For Kings to approve of non-residence was the practice of France before this Councell 8 And the law since Chap. VI. p. 273. 1 BY this Councell of Trent there can be no more Gâ—nerall Counâ—els but when the Pope pleaseth 2 Which takes away all hope of reformation 3 And is contrary to the Decrees of former Councels 4 The benefits proceeding from the frequency of Councels 5 They bridle the Popes power And therefore they decline them Chap. VII p. 275. 1 OF Iesuites Their Order confirm'd by this Councell 2 Their speciall vow of obedience to the Pope 3 Their deifying of him 4 They are the Popes Ianizaries and Emissaries in the State 5 Slaves to the Pope and therefore nâ— good subjects to their Prince 6 Their doctrine that Kings may be deposed 7 And of excommunicate killed 8,9 That heretiques are to bee put to death 17 Iesuites pernicious to the State therefore once banished out of France Chap. VIII p. 280. 1,2,3 THat this Councell in effect gives the election nomination and investiture in all Abbeyes and Bishopriques to the Pope 4 How this is prejudiciall to Princes 6 How elections were anciently made by the Clergie and people 7 Sometimes by the Pope Yet still by a power derived from Emperors and Princes 8,9 Proved out of the Canon law Popes anciently elected by the Emperour 13 14 This prerogative not renounced by the Emperour Lewes nor Henry 15 16 But practised by Emperours and allowed by Popes till Grâ—gory the sâ—venth 18 And then taken from them by usurpation Chap. IX p. 285. 1 THe election and investiture of Patriarchs and other Bishops belonged to the Emperours 2 3 In which the Popes had nothing to doe but by commission from them 10 Till Gregory the sevenths time who first usurped this power Which was afterwards the occasion of many quarrels betwixt Emperors and Popes 11,12 c. As betwixt Henry and Paschal about investitures 16 The Emperors renuâ—â—iation invalid 17 Because compell'd 18 And does not binde his successors 19 Who redemanded their right 20 The Councels that condemn'd Investitures for heresies censur'd 21 22 And Ivo for defending them 23 Who contradicts himselfe 24 The Emperour Henry in part excused Chap. X. p. 291. 1 ELections nominations and investitures belonging to other Kings and Princes in their owne dominions As the Kings of Spaine 2,3 c. The Kings of England possessed of this right both before and since the Conquest 11 With the Popes apâ—â—â—bation 12,13 The Kings of Hungary 〈◊〉 Apulia have done the like 14,15,16 How the Kings of France have behaved themselves in this point 18,19 Their right confirm'd by Couâ—â—el 23. And testified by Civilianâ— 26 Elâ—ctours to have â—â—e Kings Conge d'â—liâ—e 27 And the elected to tâ—ke the oat◠〈◊〉 â—llegeance â—8 29 That the Kings of France retâ—â—ne the â—omiâ—â—tion and the Popes have got the confirmation of Bishopâ—â— 30 Which râ—â—ders them obnoxiâ—â—a to the Popes and carâ—lâ—sse of their Prince 31,32 c. Examples tâ—â—â—eof in Englâ—â—d and Franceâ— BOOK VI. Chap. I. p. 299. 1 ALL jurisdiction in all causes and over all persons belongs originally to Secular Princes 2 This Councell exempts Bishops and even in crimiâ—all causes submits them onely to the Pope 3 Contrary to right 4 5 And ancâ—ent practice 11 c. How Emperours have exercised their jurisdiction over Clergie-men sometimes by their Delegates 12 Sometimes by Councels 15 16 c. This right of Princes acknowledged by Popes 18 Established by the Imperiall lawes 19 Allowed by Councels 21,22,23 French Bishops judg'd by their Kings Sometimes with a Councell 24 Sometimes without 26 This judgement of Bishops refused by Popes 27,28 The present practices of France in such cases Chap. II. p. 306. 1 THat Bishops by this Councell are made the Popes delegates in matters of their owne ordinarie jurisdiction 2 As visitation of Monasteries 3 Providing for Sermons in peculiars 4 Assigning a stipend to Curates 6 Visiting of Clergie men 7 Assigning of distributions in Cathedrall Churches 8 And assistants to ignorant Rectors 9,10 Vniting Churches 11 Visiting exempted Churches 12 And others not exempted 14,15 Visiting of Hospitals and Schooles 16 Disposing of gifts to pious uses 17 Such delegations prejudiciall to Bishops Archbishops and Lawyers 18 Evocations of causes out of other Courts to Rome allowed by this Councell 19 The inconveniences thence ensuing Chap. III. p. 313. 1 THis Councell entrencheth upon the Secular jurisdiction by attributing seemingly to Bishops 2 But really to the Pope 3 The cognizance of many things which in the Realme of France belong to the Civill jurisdiction in some cases not wholly to the Ecclesiasticall 4 As libels 8 Sorcerers 9 Clandestine mariages 10,11 And some other matrimoniall causes 12 Right of patronage for the posâ—essory 13 Lay appropriations 15 Maintenance of Priests 17 Visitation of benefices so as to compell reparations to be made 20 Sequestration of fruits 21 Royall Notaries 22 Simple Shavelings 25 Civill causes of Clerkes 26 Adulâ—â—râ—es 29 Seisure of goods 30 Imprisonments 31 32 Appeales as from abuse abrogated by this Councell 33 Erection of Schooles 34 Building-money 35 Meanes of hospitals 36 Infeodation of Tithes 39 Taking of the accounts of Hospitals Colledges and Schooles Chap. IV. p. 32â— 1 EXemptions granted by the Pope to Churches Colledges Abbeyes c. confirmed by this Councell to the prejudice of Bishops 2 3 Many complaiâ—â— anciently made against them 4 The Popes have no power to grant them 5,6 The unlawfulnesse and abuses of them 7 Reformation hereof desired â—t the Trent
Councell 8 But not obtain'd 9 Exemptions how used in France Chap. V. p. 327. 1 THe power of granting pardonâ— for criminall matters 2 Allowed to the Pope by this Councell 3 Vnknowne to antiquity 4 Being the true right of Princes Chap. VI. p. 328â— 1 THe number of Papall Constitutions and Decrees complain'd of to this Councell 2 Yet not abated but all confirm'd by it 3 Many whereof were not received before 4,5 Ancient complaints made against them 6 By what degrees Popes usurped upon Princes by themâ— 8,9 Many pretended Decretals are supposâ—titious 15 Many abusive 17 And derogatory to the Imperiall lawes 19 The worst Popes authours of them And the greatest enemies to Princes Chap. VII p. 335. 1 THe censure of all bookes left to the Pope by this Councell 2 The extent oâ— this power and mystery of the Index expurgatorius 3,4 Wherein they condemn all authours that stand for the rights of Secular Princes 5 Or of Councels against Popes 6 And all that have writ against the abuses of their Court 7,8 c. And by the like reason they may condemne all or most of the lawes of Princes and liberties of the Gallican Church BOOKE VII Chap. I. p. 341. 1 THat this Councel tends to the depressing and abasing the authoritie of Christian Princes 2 By robbing them of their temporall jurisdiction 3 Especially in case of duels That a Councell hath no coactive jurisdiction over Princes This proved by authority of Scriptures 4 And ancient Fathers 5 And Popish authours 6 All coactive jurisdiction derived from Princes 7,8 Over the Clergie variously exercised by the Imperiall lawes 9 What use the Popes make of them 10 They doe not binde present Princes Chap. II. p. 346. 1 THat a Councel hath no power in temporall matters Proved by authoritie of Fathers against the Trent Councel 3 By the practice of Popes 5,6.7 And ancient Councels 8 By reason 10 Secular Princes may require subsidies of Clergie men 11 Even by the Canon law 12 If they have any exemptionsâ— 13 As they have many 14 They were first granted by Princes Such subsidies injustly prohibited by this Councell 15,16 And some former Popes Chap. III. p. 352. 1 EXcommunications abused by Popes against Princes 2 Kings should not easily be excommunicated 3 As they are by this Councel 4 The King of France claimes a priviledge and exemption from excommunication 5 And why 7,8,9 This priviledge acknowledged by Popes 10 Maintained by Parliaments 11 Confirmed by Popes Chap. IV. p. 355. 1 THis Councell useth commanding termes to Kings and Princes and makes them but the Bishops officers and executioners of their Decrees 2 Contrary to the practice of former Councels 3,4 c. This makes Princes inferiour to Priests in point of honour 9 How much the Pope is greater than the Emperour 11 12 The humility of ancient Popes and the great respect they used to Kings and Emperours Chap. V. p. 359. 1 THe authority of Kings in the Church and over the Clergie 2 More in right than in fact 3,4,5 They are the patrons and defenders of the Church 6 And have power to reforme it 7,8,9 This power confest by Popes 10,11 And Popish writers 12,13 Exercised by Emperours 14,15 c. And kings of France Chap. VI. p. 365. 1 THat Emperours and Kings have in all ages made lawes of Ecclesiasticall politie and discipline 3,4 Both before Christ 5,6 And since 7 That they had power so to doe But not to administer the word or sacraments 8 Especially the Emperour the Kings of England and France 9 10 c. This power of Princes coâ—fessed by Councels and adâ—itted by Popes 16 Who became suiters to them in that behalfe 17,18 And proâ—oters of their ordinances Chap. VII p. 371. 1 THe King of France wrong'd by this Councell iâ— point of precedence before the King of Spaine 2 3 The quarrell betwixt their Ambassadours at Trent about it 4 The Spanish party favoured by the Pope 5,6,7,8 And by the Councell 10,11 The King of France his right proved by Councels 13 Doctors 14 Even Spaniards 15 The Popes prevaricaâ—ion in the cause 16 Which is not yet decided Chap. VIII p. 377. 1 INdults and expectative graces utterly prohibited by this Councell 2 But tolerated by the lawes of France and practised there 4 All power in excommunications either for procuring or prohibiting them taken from Civill Courts and Magistrates by this Councell 5 Contrary to the law and custome of France Where the kings by their officers doe decree them 6 Or prohibit the execution of them 7 Thereby curbing the attempts of Popes 8 Prejudiciall to the lay Iudges 9 Censures and excommunications abused by Popes 10 And therefore opposed by Princes 11 A reformation required at Trent 12,13,14 And before that they might be used for petty matters 16 Yet no remedy obtained Chap. IX p. 383. 1 THis Councell disposeth of the goods of Religious persons Contrary to Law 2 Gives Mendicants leave to possesse lands contrary to their Order and its owne Decree 3 And the lawes of France Notwithstanding the Popes dispensation 4 This Councell cancels some leases of Church lands injustly because without the Kings leave 5 It ordaines about commutation of last Wils contrary to the lawes of France Chap. X. p. 385. 1 THis Councell commands all Clergie men to receive the Decrees without regard to their Princes consent 2 Contrary to the practice of other Councels 3 It denounces excommunications in case of refusall Requires an oath of obedience Disaâ—lowes toleration of Religion 4 Approves violence in rooting out heresies 5,6 And ordaines the Inquisition for them 7 Contrary to the Edicts of pacification in France 8 The prejudices done by this Councell admit of no qualification 9 And therefore it hath beene justly rejected Faults escaped Pag. Line Fault Correction 24. 37. preceed preside 31. 18. to staine â— to staine 40. 36. Trent Tyre 41. 34. Rhegno Rhegino 58. 9. a. dele 64. 21. Holynesse Highnesse  32. discords disorders 71. 43. Of Chartres Of the Charterhouse et 224. 5.   75. 24. Fontanus Fontanus hath put  marg Alberius Albericus 81. 3. exequeter one yeeros exchequer one yeares 83. marg Valoterran Volaterran 86. 41. Princes Provinces 94. 33. this in this 95. 9. Apostles Apostle 101. 40. rank instance 109. 24. gave have 121. 46. writ went 122. 53. Avarus Alvarus 125. 30. in into 130. 46. at as 159. marg Radericus Radenicus 166. 34. Sismand Sisenand 187. 10. Empâ—rour Emperours 191. 27. assembling ascribing to him 194. 13. commanded them that dele 222. 22. to wit dele 241. 2. that by that 251. 36. found founded 253. 26. blessed the blessed 257. 47. the. at the. 265. 5. they an the. and. 269. 3. to Popes to the Popes 278. 16. Monarchie Monarch 288. 42. you yon 293. 4. Doctour rings Doctours Kings  5. eight right  33. were they were 296. 42. Churches clutches 307. 21. honour under order over 310. 41. Iudges Royal Ordinaries Ordinarie Iudges Royall
Councell holden at Rome under Innocent the third at which were present Primates and Archbishops sixty one Bishops foure hundred and twelve and eight hundred Abbots and Priors In which Councell the said Pope did excommunicate Lewes the King of France his eldest sonne and all the Earles and Barons of England with their complices which conspired and rebelled against the King of England Philip Augustus knowing the excommunication said to Gualo the Popes Legat The Kingdome of England which the Pope pretended to be feudatary to him and thereupon proceeded to that sentence of excommunication never was nor is nor ever will be S. Peters patrimonie in as much as no King or Prince can give away his Kingdome without the consent of his Barons who were bound to defend it And if the Pope intend peremptorily to stand in this errour urged thereto by a desire of enlarging his dominion hee will give a bad president to all Kingdomes Whereupon the nobles of France seconding the words of their Prince begun in an instant to cry out with one voice That they would stand for that article till death And yet all this was against the decision of a solemne generall Councell Boniface the eighth saith Platina having called a generall Councell subjâ—cted Philip the Faire and his Kingdome to the Emperour Albert this was saith the Bishop of Consentia who relates the same story in the yeere 1302. Notwithstanding this decree of the Councell Philip the Faire did revenge himselfe upon Pope Boniface in such sort that if his violent death had not ensued upon it his proceedings had never been blamed nor condemned by any man Platina after he hath delivered the story at large gives him this elogy Thus dyed that Boniface who studyed rather to strike a terrour then religion into all Emperours Kings Princes Nations and people who laboured to give and take away Kingdomes to repulse and recall men at his pleasure insatiably thirsting after an incredible masse of money which he had raked together by hooke and crooke Wherefore let his example be a lesson to all governours religious and secular not to rule their Clergie and people proudly and disdainfully as the man we speake of did but piously and modestly Benedict th' eleventh who succeeded this Boniface being informed of the justice of the cause of our King absolved him from the interdict whereto both himselfe and all his Kingdome were subjected and besides set forth a declaration for the exempting of the Kingdome of France from that power which Boniface by his Decretall did arrogate to himselfe over all Empires and Kingdomes whatsoever and for the preserving of it in the ancient rights and liberties thereof 16 Pope Iohn the twenty second say the German Chronicles having called a Councell at Avinion of Bishops and Cardinals not a fâ—w passed the sentence of excâ—â—munication upon Lewes the Emperour and gave his reasons in his Bâ—ll â—gainst Lewes because he had aided heretiques and schismatiques and had ever been a favourer of rebells And besides he denounced the sentence of excommunication against all those that did not sequester themselves from his company and of deprivation of their benefices and dignities against such Priests as should celebrate divine service in his presence The Author addes one thing very remarkable These proceedings saith he of the See of Rome were in those daies of great efficacy for it was a crime inexpiable to be of another opinion then thâ— Pope of Rome yet were there some notwithstanding who â—ided with Lewes without any regard of the excommunication but these not very many for in an imperiall Diet called afterwards by the Emperour to see if hee could finde any reliefe against that sentence all the world was frozen-hearted and crest-falne All the refuge that poore Emperour had was in a few Lawyers who stoutly defended his right and thereby confirmed most of those who were wavering Lewes had saith the same Chronicle some Doctors both of the Civill and Câ—non Lawe who were of opinion that the Popes sentence was null and invalid which opinion of the Doctors was a meanes why divers did not abandon him See here how the Emperours party notwithstanding his right was at first but very weak yet afterwards grew so strong that every one openly rejected the unjust decree of the Councell The Estates assembled at Francford the yeere 1338. did cancell and disanull all these lawlesse proceedings by a faire decree which wee may read at large in Nauclerus Provost of Tubinge wherein are set downe all the authorities and reasons in law against the forementioned sentence and processe with this close By the advise and consent of all the Prelats and Princes of Germany assembled at Francford wee decree that the former processe be void and of no effect and pronounce a nullity upon them all One of our commentators affirmes that even in the Court of Rome where himselfe afterwards was many Prelates and many laiques well skilled in both the Lawes did hold that the Emperour was wronged To bee short there was not one till Pope Benet the twelfth who succeeded Pope Iohn that did not disrelish that processe and yet it was done in a Councell The Councell which was begun at Ferrara 1438 and continued at Florence was never received and approved of in this Realme of France The Bishop of Panormo tells us so The King of France saith he did expresly forbid upon great penalties that any of his dominions should goe to Ferrara to celebrate the Oecunmenicall Councell Charles the seventh telles some Cardinals downright so who were sent Ambassadours from Eugenius and were come to Bruges to get him to accept of it and amongst others to present him with this Article That since such time as it was translated to Ferrara the King should reject the Councell of Basil and receive the Councell of Ferrara with the acts thereof Whereto he made answer after six dayes deliberation with his Prelates and others assembled at Bruges That hee had received the Councell of Basil for a Councell indeed that he sent his Ambassadours thither that many things were there wisely determined concerning faith and mannersâ— and such aâ— hee liked well of But for that of Ferrara hee never did nor never would take it for a Councell 17. These articles and answers are extant in the workes of Nicholas de Clemâ—ngiis And yet for all this Clement the seventh styles this the Eighth Generall Councell For marke how he speakes of it in his Bull of the 22. of Aprill 1527. directed to the Bishop of Farnasia Wee cannot chuse but lâ—nd you our assistâ—â—ce in the impression of the Acts of the eighth Generall Councell held at Florence which you have translated out of Greeke into Latine True it is that Laurence Surius disavowes it when he saith it was not well said to call it the eighth Councell because that 's not it's place He wist not haply that a Pope so saith Bellarmine them to a
from whom the appeal is made should be judge in the very case of appeal for our Doctours finde that the judge from whence an appeal is made may be refused in all other causes which concerne the appellant so long till the appeal be void CHAP. IV. That the reformation of the Pope was the thing in question IT is further alledged that Pope Adrian the sixth did freely confesse by the mouth of Francis Chregat Lord Bishop of Abruzzo his Legat at the Dyet of Noremberg 1522 that the See of Rome was corrupt and depraved and that the corruption of the Church was derived from the Popes wherefore he did promise they should have a free and generall Councell Now this acknowledgement doth disable him for being head of the Church This is further verified by his owne instructions given to his Legat where in the tenth article he saith thus 2 Wee know that within some yeeres agoe some abhominable things have crept into this holy See some abuses in matters spirituall some transgressions of Commissions and all out of order and it is no marvaile if the infection descended from the head to the members from the Pope to the under-Prelates Wee have all degenerated I meane we Ecclesiasticall Prelates we have gone astray out of the way there is not one that hath done good this long time no not one Wherefore for as much as concernes us you may assure your selves that we will take paines in the first place to reforme that Court from whence happily all this evill hath come to the end that as the corruption proceeded from thence to the inferiour orders so soundnesse and reformation may come thence also Which to doe we perceive our selves so deeply obliged that wee see the whole world call for a reformation Howbeit no man must admire if hee do not see an absolute reformation of all errours and abuses in an instant the malady is too far spread and too deep rooted Wee must goe step by step to the cure of it and hye â—o such things as are of most importance and greatest danger for fear of putting all out of joynt by attempting to reforme all at once All suddaine changes are dangerous in a Common-wealth saith Aristotle and hee that wrings the nose hard brings forth bloud Marke here the words of that honest Adrian So that it hath been conceived the common voyce of Christendome for these two hundred yeeres almost that it was fitting there should bee a reformation in capite in membris both in the head and the members but the Popes wrought so well by their schismes shifts and tricks that the endevors of those that ingaged themselves herein were to no purpose and the Synods called about this were all to no effect and fruitlesse The Councell of Constance after the deposall of Pope Iohn the twenty third had made this good decree 3 That the new Pope who should be next chosen together with the Councell before he departed from thence should reforme the head of the Church and the Court of Rome about such articles as had beene put up by the people and nations But Pope Martin the fifth as soone as he was created did quickly shift himselfe from those who cryed so for a reformation and amongst others from the Emperour Sigismond who was more hot upon it than any else Platina gives the reason of that delaying A matter of that weight being finished as well as heart could wish by the travaile and endevour of all the Princes both Ecclesiasticall and Civill but especially of the Emperour Sigismond they begun to talke of the reformation of the manners both of the Laity and Clergy which were much debauched by overmuch licentiousnesse But because the Councell of Constance had continued foure yeeres already to the great incommodity both of the Churchmen and their Churches it seemed good to Martin with the consent of the Councell to defer a matter of such importance to a more convenient time For hee said the thing required maturity and deliberation seeing that in Hieroms opinion every country hath their severall customes and conditions which cannot bee removed on a sudden without disorder They have had leasure enough to thinke of it since for wee are yet consulting about it and nothing at all hath beene done besides 4 The acts of that very Councell and of that at Basil and others since give us sufficient proofe hereof who being not able to compasse this reformation put it off from hand to hand and commended it in succession one to another ordaining that the keeping of Councels should be every ten yeeres but so as the first should be within five yeers and the next within seven and this principally to provide for the reformation of the head and the members The second Pisan holden 1512 which was assembled for the same ends was so belaboured by Iulius the second and Leo the tenth that it was constrained to yeeld to their mercy and give place to the Lateran which was called for no other end but to countermine and disanull that other as is confessed by the historian of the Popes These good Fathers however they were for the most part French-men have left us in their acts a testimony worth our observance and that is that For many yeers there had not been any general Councels and if any were called as the first at Pisa and that at Constance Sene Basil and Florence yet the Church could not be reformed to the purpose by reason of those impediments and cavils which were procured thereupon which befell themselves also For Iulius the second and Leo the tenth had the wit to winne first Maximilian the Emperour and then the Cardinals that were at Pisa. King Lewes the 12 after the death of Iulius suffered himselfe to be led away with the blandishments of Pope Leo considering withall the danger whereinto the first had put both him and all the Kingdome of France against which he had procured the Kings of England and Spaine to take armes insomuch that renouncing the Concell of Pisa he acknowldged that of the Pope and caused certaine Ecclesiasticks of his Kingdome to doe as much But from that time till this we could never see this reformation for as for the Councels of Lateran and Trent they never cared for medling with it Which was worthily represented by Monsieur Arnald de Ferriers the French Ambassadour at the Councell of Trent in an Oration delivered by him September the 22. 1563 where he said That they had been entreating for a reformation of the Church in the head and members above 150 yeeres to no purpose and that in sundâ—y Councels as those of Constance Basil Ferrara and the first at Trent and that the demands which were made in that of Constance by Iohn Gerson Chanceâ—our of the Vniversity of Paris in behalfe of the King of France may bee â—ead to this day as also those that were made in behalfe of the same Prince by M.
Peter Daves at the first Trent Councell CHAP. V. That the Pope had passed sentence before and that he was moved with hatred against those whom hee summoned to the Councell 1 COmplaint is also made that the Pope should shew himselfe so passionate that before the calling of the Councell and after that before the holding of it hee condemned the doctrine of those who were summoned to appeare there in judgement and declared them to be heretiques which gave them just occasion of suspition and instructed them to goe wisely and warily about their businesse By reason whereof they say they cannot justly bee blamed for desiring to quit his jurisdiction and making so much adoe about the forme of the Councell and the persons of the judges seeing these are things which must be looked to at first and before wee enter the lists Now that their doctrine was condemned by them who desired to be their judges is verified by the Bull of Leo the tenth bearing date the 8. of Iune 1520 where after he hath reckoned up Luthers opinions concerning the Sacraments of the new testament the Eucharist repentance contrition confession satisfaction absolution veniall and mortall sinnes indulgences the Popes excommunications priests generall councels workes heresies free-will purgatory and the Catholick Church he decrees as followeth Wherefore by the advice and consent of our reverend brethren and by their mature deliberation by the authority of Almighty God the blessed Apostles Peter and Paul and our owne we condemne disprove and totally reject all and every the foresaid articles or errours as hereticall either scandalous or false or offensive to piouâ—â—ars or tending to the seduction of simple soules and contradicting the Catholique truth And we decree and ordaine by these presents that by all faithfull people of both sexes they bee holden for condemned disproved and rejected 2 It may be answered that Pope was dead when the Councell was held and another sat in his stead whereof they needed have no such feare To which we reply that there was indeed an alteration of the persons but not of the conditions nor proceedings For Paul the third when hee begun the Councell at the very same time which he designed for the calling of it declared that the end of it was the extirpation of the Lutheran heresie as appears by a Bull of his bearing date the 23. of August 1535 entitled Deputatio executorum super reformatione Romanae curiae marke the words of it Whereupon we desiring to provide for the Church and to clense her of all her staines have determined to appoint and solemnize a Generall Councell upon earnest and urgent motives which concerne the state of the said Church and See Apostoliqueâ— and the extirpation of the plaguy Lutheran heresie and others having already dispatched our Nuncio's to Christian Princes for that purpose 3 This Bull came to the Protestants ear for heark what they say of it in the declaration which they made at the assembly of Smalcald 1537. Besides not only because the Pope is a party but seeing hee hath already condemned our doctrine long before hee is growne more suspicious And who can doubt what judgement will passe upon our doctrine in his Councell Yea more hee confesseth that the cause of publishing the Councell is that the new-sprung heresies may bee rooted out 'T is true that may beare a larger construction yet there is no question but he meanes of our doctrine seeing it is scarce credible that hee should speake of his owne faults And that it is so he hath published another Bull since about the reformation of the Court of Rome wherein hee confesseth down-right without any flattery that a Councell is called for the rooting out of the pestilent heresie of Luther Seeing the case stood thus they had beene mad to have put themselves upon that Councell to abide the judgement of him who had condemned them already Considering withall that Leo the tenth in the precedent Bull saith how he hath caused their doctrine to bee pronounced hereticall by a conclave of Cardinals and also by the Priours of the religious Orders and by a pretty company of Divines and Doctors in both the Lawes So that they had but even gone to be whipt as Hosius of Corduba to the Councell of Antioch in case they should have refused to subscribe to the determination of the Councell It is a folly for a man to cast himselfe upon such disasters and a peece of discretion to avoid them Maximus patriarch of Constantinople would not be seene at the Councell of Antioch because he foresaw that if he went thither he should be constrained to subscribe to the deposall of Athanasius for which he was never yet blamed by any body To conclude this point it is holden for a ruled case in law that a judge who hath discovered his opinion already may be refused much more hee who hath passed the sentence before he be made judge Adde we hereunto the mortall hatred of the Pope against Protestants the Pope I say who calls the Councell who summons none to judgement but his owne creatures who must preceed there either in person or by his Legats and must be supreme moderator and judge in all things This point of the Popes enmity against protestants and all those who have ridde themselves out of the Popes servitude is so well knowne that it needs no proofe Henry the eighth King of England then a Catholique laid open the hatred of the Pope against him and his subjects as an excuse for not going to the Councell For he saith That the Pope hates him mortally putting him out of favour with other Kings as much as he can and that for no other reason but because he had cast off his tyrannie and had made him loose his yeerly rent and for this cause he could not come thither 4 Henry the second King of France complaineth also how Pope Iulius the third instigated by the ill will which he bore him without any sufficient reason had denounced warre against him during the time of the Councell depriving him thereby of the meanes of sending the Prelates of his Kingdome thither whereupon hee made those protestations which wee mention elsewhere This consideration makes a nullity in the Councell and serves for a lawfull excuse to such as would not goe thither For in this case hee who is summoned to a Councell is not bound to appeare So Athanasius saith Theodoret knowing the hatred of his judges against his cause went not to the Councell of Cesarea Which was purposely called for him and yet no man ever said ill did he 5 Anastasius Bishop of Perrhenue was three times summoned by his Patriarch before he was deposed and yet that deposall was judged unjust by the Councell of Chalcedon after it appeared that he was his enemy 6 Pope Gelasius speaking of the Bishops of Constantinople with whom he had some bickerings saith something which is very remarkable
consisting of Archbishops Bishops Chapters Abbats Deanes Provosts and other Ecclesiasticall persons together with Doctors of Law both divine and humane and other learned men of the Realme and also of the chiefe Lords of France and others of the Kings Councell about the receiving of the Councels of Constance and Basil. I say Synod for so it is called in the act of Appeal of the University of Paris A while after King Lewes the eleventh assembled a Councell of the Gallicane Church and all the Vniversities in the City of Orleans as well to understand the purport of the Pragmatique Sanction as to give direction for the annates of benefices saith the Author before alledged Before we leave France wee will set downe what an English Historian saith of the Councell of Rhemes holâ—en by Pope Eugenius the third â—â—4â— About that time saith he Eugenius Pope of Rome coming into France out of the affection hee bore to Ecclesiasticall discipline set up a generall Councell aâ— Rhemes where he sitting with a great company of Bishops and Nobles there was a pestilent fellow brought before him who being possest with a devill had seduced a great many by his tricks and juglings 30 Spaine can furnish us also with such like examples and assure uâ— that when it pleased their Kings even Lay men were admitted into theiâ— Councels to have a deliberative voice there and to judge of matters 31 This may be collected from the sixth Councell of Toledo holden under King Chiutillaud and by his authority the yeere 654. where in the thirâ— chapter we reade thus Wherefore we decree and denounce with heart and mouth this sentence pleasing to God conformable to our Kings and do furthermore ordain with the consent and advice of the Grandés and honourable persons of his Kingdome c. To the same effect we finde the eighth Councell of Toledo holden under King Recessuinth and by his command subscribed with the signes of fifteene of his Officers King Eringus caused divers of his Lords and officers of the Court to assist at the twelfth Councell of Toledo holden in the yeere 681â— and ordained them for Iudges together with the Bishops to consult of such things as should bee handled there to all whom hee made this exhortation at the opening of the Councell I doe admonish and conjure you in commune both you holy fathers you right honourable of my royall Court whom we have chosen to assist in this holy Councell by the name of God and as you will answer at the dreadfull day of judgement that without all favour or acceptation of persons without any froward wrangling or â—esire of perverting the truth you treat of such matters as shall be proâ—osed unto you with a sound examination and that you expresse them with a more sound judgement His subscription to the Acts of that Councell have these words Great good will accrue to our Realme and people if these decrees of the Acts of the Synod as they were made by our procurement so they bee confirmed by the oracle of our lasting law To the end that what the reverend Fathers and Lords have ordained by virtue of our command may be defendeâ— by our Edict All his Courtiers and Officers are subsigned to the Acts of that Councell 32 The same forme was observed in England for in the yeere 905. King Edward and Plegmond Archbishop of Canterbury assembled a great Councell of Bishops Abbats and other faithfull people in the southerne parts of Englandâ— saith Matthew Westminster 33 In the yeere 1150. King Stephen having done what hee would at Yorke and the adjoyning shires returned towards the southerne parts about the feast of Saint Michael th' Archangell to keepe a Councell at London together with the Bishops and Nobles of England both for the affaires of the Kingdome and of the Church of Yorke which was then vacant 34 The yeere 1170. at the request of the King of England two Cardinals Albert and Theodinus were sent into France from the See Apostolique who having called a great assembly of Ecclesiasticall persons and Noblemen within the territories of the King of England they solemnly admitted him to purge himselfe of the murther of Thomas Archbishop of Canterbury 35 In the yeere 1190. the Bishop of Ely Chancelour of England and Lieutenant generall of the Realme in the absence of King Richard the second who was then at the warre in the Holy Land called the Bishops and Lords of the Kingdome together And presenting them upon the suddaine with the inâ—strument of his Legation hee openly declared himselfe with a great deale of pompe and insolency to be Legat oâ— the See Apostolique 36 Come we backe to the Emperours there we have the example of Othâ— the first who made up the Councell which he held at Rome for the condemnation of Pope Iohn of Ecclesiastiques and Lay men Of which ranke these are named by Luitprandus Of the Nobles Stephanus filius Iohannes superista Demetrius Meliosi Crescentius Caballi marmorei Iohannes Puisina Stephanus de Musa Theodorus de Rusina Iohannes de Primicerio Leo de Camurzuli Ricardus Petrus de Canaperia Benedictus Bulgaminus his sonne Of the communalty Peter Imperiola with all the Roman army And afterwards by their unanimous advice the Emperour pronounced the sentence of condemnation against Iohn and created Leo in his stead by the same advice 37 We have also the example of Henry the third Who saith Polanus having called a Councell at Worms consisting of foure and twenty Bishops and many of the Nobility he there commanded the decrees of Pope Gregory to bee disanulled 38 We may further alledge the example of Popes For Adrian did summon many Lay men to the Lateran Councell holden by him and Charles the great what time he caused him to bee proclaimed Emperour There was a holy Synod called saith a good Author by Pope Adrian of happy memory at the Palace of Lateran in the Church of St. Saviour which was most solemnly kept by fifty three Ecclesiasticall persons Bishops or Abbats together with â—udges Magistrates and Doctors of Law from all parts and also personâ— of all states and conditions of that City and all the Clergy of the holy Church of Rome Who made enquiry concerning the customes lawes and manners of that Church and Empire consulting also by what meanes heresies and seditions might be rooted oâ—t of the Apostolique See and treating of the dignity of the Senate and Empire of Rome seeing that by reason of these thingâ— a foule errour was spread over the whole world 39 In imitation of him Pope Leo did the like in another Councell at the Lateran under the Emperour Otho the first For as much as your â—umility saith he doth humbly desire our Apostleship that dispatching the holy Synod assembled by your advice at the Patriarchall of the Lateâ—an in the Church of St. Saviour and consisting besides of Iudges and Doctors of
kept and the fault is put upon the Prince of Mantua Is not this to gull the world the Prince of Mantua wrongs no body if he will not abandon his City to so great a multitude without a garrison but all the blame should be laid upon the Pope who doth not as yet goe roundly about the busiâ—esse but is ever a playing trickes and treacheries If he remove the Councell to another place he must take a City that belongs to some of his feudatary Princes or else one of his owne for he hath a goodly patrimony with many faire Cities gotten by his predecessors either by force or knavery and now kept by him by the bad title of coven and fraud Now seeing that almost every man of judgement doth despaire of ever seeing a true Councell hee thinkes it most fitting that every Magistrate reforme religion amongst his owne people If the Pope plead custome that will not serve the turne for as Saint Cyprian saith Custome without truth is but an inveterate and grounded errour Therefore this is his advice and this he thinkes the best course but if any know a better he will readily embrace it 6 Now the King of England never deserted these protestations and declarations much lesse the Protestants nay they repeated them divers times after and amongst the rest at an assembly at Wormes holden 1545. and another a Naumburg the yeere 1561 where an answer was given to the same effect to Pope Pius the fourth his Legats who came thither to summon them to appeare at the Councell 7 There were yet some other Protestations made against the Councell on the behalfe of our Kings Henry the second protested against the Pope and the Councell in the yeere 1551 saying amongst other things That the publication of it which was made regarded not the good of the Church Catholique but the commodity of some particulars That it seemed the Pope would exclude him from it That the beginning progresse and issue of his Holinesse designes did intimate as much That being imployed in the warre which hee had raised up against him he could not send the Bishops of his Kingdome thither seeing they could not have safe and free accesse and that neither he nor the people of France nor the Prelats and Ministers of the Gallicane Church will be bound to it hereafter 8 King Charles the ninth upon notice that all things went amisse in the Councell and that the demands of the Kings and Princes Catholique were not satisfied that the reformation was not applyed to such things as stood in need of it and were required to be reformed yea more that they intrenched upon the liberties of the Church of Franceâ— and the rights of the Kingdome caused protestation to be made by his Ambassadours against the same Councell as appeares by the Oration made by M. Arnald de Ferriers the 22. of September 1563. where amongst other things after he hath laid downe many grievances he saith that according to the command of the most Christian King they were constrained Concilio intercedere ut nunc intercedebant to interpose in the Councell as they interposed Whereupon it is storied that a certaine Prelate of the Councell not well understanding the propriety of the word intercedere which the Tribunes were wont to use of old when they made their oppositions and hindrances asked his neighbour Pro quâ— orat Rex Christianissimus What doth the most Christian King intercede for 9 But say the Pope and the rest that joyned in judgement with him were not to blame say they were competent Iudges such as could not be refused say the proceedings were lawfull yet still it was a juâ—gâ—ment and sentence passed upon men in their absence so that the doore is open to all those that wil enter their plaint they may justly demand to beginne anew and that things be reduced to their first state A repeal may be had against a sentence given in case of contumacy onely paying the charges But for them I thinke the Pope that boâ—e them will never aske them againe and if hee should it is a question whether his demand were good or no for who bid him be at the charges he was not bound to it it is a liberality which he was willing to undergoe to shew his magnificence and in case he might redemand them hee must commence his action either against those whom he defrayed or against the Emperour who was anciently used to pay them and not against those who do now desire to justifie themselves seeing that according to the Decrees of Constancâ— and Basil Generall Councels should be holden every ten yeeres 10 Let us proceed further and see if they could have any good grounds to demand that a second judgement might be had supposing they had appeared at the Councell and had audience there For this may be questioned in regard of the King of France who complaines now how hee was wronged in his rights and yet he had his Ambassadours resident at the Councell We say hee is nere the worse for all that considering that divers protestations were made against the Councell on both sides This we shall prove by some examples 11 We reade how the Donatists were many times condemned and that by many how the Emperour Constantine the Great yea the whole Church and the great Doctors of those times bore with them in their reciduations without ever troubling them with writs of rejection of their cause and other such shackles of law-formes They were first sentenced by Pope Miltiades and his Councell at Rome from which they appealing their cause was afterward examined at the Councell of Arles the Emperour Constantine the Great tooke the paines to heare them himselfe and yet after all this under the Emperour Honorius and by his command there was a generall conference of all the Bishops Catholiques and Donatists at Carthage in Africa Where it is to bee observed that the Catholiques desired that Conference so saith St. Austin who was one of the disputants The Emperours commission being read it was declared how the Catholiques had demanded the conference and that it was granted unto them 12 It is well knowne how many Councels were called and kept to convince the Arrians the first that was holden against them might have sufficed namely that of Nice considering the â—ame and worth of it and yet there was another Generall Councel holden at Sardis where the Emperours suffered them to dispute anew all that had been controverted and canvassed and especially of that holy faith and the integrity of that truth which they had violated so say the Fathers of that very Councell in a letter of theirs to Pope Iulius And after that there were yet two others called both at one time one at Ariminum of the Westerne Bishops the other at Seleucia of the Easterne where howbeit the Catholique Bishops were more in number than the Arrians yet they suffered themselves to be supplanted chiefly
our said Cozen the Cardinall of Ferrara his Legat hath promised unto us on the behalfe of his said Holynesse and whereof indeed he hath already made great overtures for these causes and other considerations us thereunto moving having a regard unto the foresaid remonstrances made unto us with the advice of our most honoured Lady and mother the Queene the Princes of our bloud and our Privy Councell we have removed and taken away and doe hereby remove and take away the prohibitions aforesaid and the penalties annexed to be imposed upon the offenders against them by our Edict and Ordinance of Orleans and doe make void the Ordinances aforesaid for the reasons before mentioned 24 The Councell of Trent was holden at the time when this declaration was made from which our King expected a great reformation concerning the premises and particularly considering what assurance the Pope had given him hereof But all in vaine Whence it followes that the cause of this suspension ceasing the effect should cease likewise and that therefore we are under the Ordinance of Orleans which was just and good to the observation whereof we ought the rather to bee inclined in as much as wee understand by the testimony of the Court of Parliament and the accounts hereupon made by it unto Lewes the 11 that by reason of Vacancies Expectatives and such like meanes there goes almost a million of crownes from hence to Rome every yeere Which is further confirmed by the testimony of the Ambassadours of the Archbishop of Magdenburg in Germany who was present at the Councell of Basil who hath left upon record that he learned from the Archbishop of Lyons then living that during the Popedome of Martin the fifth who sate 14 yeeres there were carried to Rome out of this Realme of France only nine millions of Crownes without reckoning what was brought in by the Clergy-men of inferiour quality 25 It is reported by an English Historian that Henry the 3 King of England in the yeere 1245 caused an estimate to be taken of the pure rents which the Pope had out of his Kingdome and that it was found they amounted to as great a summe of money as all that he himselfe received out of his Realme nor reckoning divers other commodities beside The like is affirmed by all England together in an epistle sent to Pope Innocent the 4. where it is said That he received more pure rents out of England than the King himselfe who is the guardian of the Church and the governour of the Kingdome And hereupon the the transporting of gold or silver to Rome was forbidden in this Kingdome by many good Statutes made at severall times Saint Lewes who amongst divers others made one hereabouts expresly forbidding all such exactions was neverthelesse Canonized for a Saint King Charles the 6 Henry the 2 Charles the 9 and others were never thought the lesse Catholique for this nor the people of France that demanded it in their Councels of State ever reputed the lesse zealous in Religion For by this meanes the Popes and Cardinals would be the more honest men for there is nought that spoiles them but too much ease and wealth And so they should both cleare themselves from that infamous crime of Simony which all Christians detest and abhorre and also acquite all those that barter with them who according to the opinion of Devines and the sentence of the Parliament of Paris in the 71 Article of their Remonstrance share with them in the sinne also For to beleeve the Popes flatterers who goe about to perswade them in their filthy writings that though they practise Simony yet they cannot be Simoniacall this were to hood winke the eyes against all truth and to sleep in a blind ignorance The men who were the most eminent for learning in the time of Pope Paul the third who were bound by oath and adjured by him upon paine of excommunication to tell him the truth concerning the reformation of the Church told him plainly amongst other things That it was not lawfull for the Pope and Vicar of Christ these are their very words to make any gaine out of the use of the power of the Keys committed unto him by Christ For it is Christs command say they Freely yee have received freely give 26 The Emperour Ferdinand in his demands put up at the Councell of Trent required that the ancient Canons against Simony might be restored Now these ancient Canons bind the Pope as well as other Bishops and you shall finde no exception for him there but our Councell had no leasure to thinke of this I could here make a large discourse of the Reservations of Bishopriques and other dignities and benefices Ecclesiasticall of the granting out of Graces and the next voydance of benefices of mandats of provision and other wayes which the Popes have used and doe use to this day to enhanse their revenues The Ordinances of our Kings are full fraught with complaints made concerning this particular as are also the works of divers authors All those that ever medled with reformation put alwayes up some Articles about this point The deputies of Paul the third have a whole Chapter of it in their Councell The Councell of Basil and the Pragmatique Sanction hath condemned them The King of France desired the like in his demands Yea and the Councell it selfe hath taken an order with them but it is with reservation of the Popes authority above all which is as much as to put a gull upon all Christendome seeing the reformation in this case was demanded onely against him inasmuch as he is the man from whence all the disorder proceeds And after this all that are acquainted with the Court of Rome doe very well know and can testifie how the Pope doth still practise these meanes and whether all the decrees of this Councell have debarred him of dispensing his favours 27 The Popes not content with the gold and silver which they get by these meanes doe use taxes and tributes besides like secular Princes not only upon Clergy men but Lay men also yea upon whole Princes and Kingdomes Gregory the 9 the yeere 1229 demanded of the Kingdome of England the tenth part of all the moveable goods as well of the Laity as Clergy to maintaine his warre against the Emperour Frederickâ— telling them that he only had undertaken that war in behalfe of the Church Catholique Which demand Henry the third King of England saith an English Monke having passed his word to the Pope by his officers for the paying of those tenths had no way to gainsay But the Earles and Barons and all the Laity did oppose it refusing to engage their Baronies and demaines As for the Bishops Abbats Priours and other Prelates after three or foure dayes consultation they at last condescended to it with a great deal of murmuring fearing the sentence of excommunication in case of refusall as the Monke hath it word for
word The execution whereof ensued as rigorous as ever For one Mr. Otho who was sent as Legat upon that occasion did not spare excommunications causing besides certaine great summes of money to be levyed for the defraying of his charges because as he said in this commission hee was not bound to make war at his owne charges Mean while the Legat not forgetting himselfe did not neglect to extort both money and meanes for himselfe for compelling every one to pay him procurations he sent certaine rigorous injunctions to the Bishops and Archdeacons to this effect He afterwards demanded the fifth part of all the goods and spirituall revenues of the Clergy men aliens who had any preferments in England whereof there were then good store and from them hee proceeded to the rest and all to make warre against the Emperour Frederick And whereas divers were marked out for that beyond-sea voyage hee dispatched a pretty commission to his Legat to absolve them of their vow and to exact of them certaine great sums of money All these evils were occasioned mainly by the softnesse of King Henry the third who when it was asked by his subjects Why he would suffer England considering the large priviledges thereof like a Vineyard without a wallâ— to ly open to the prey and desolation of passengers He replyed â— neither will nor dare contradict the Pope in any thing 28 Nor is here an end For about that time saith the same Authour there came into England a new way of exaction most execrable and unheard of in any age For our holy Father the Popeâ— sent a certaine exacter into England Peter Rubeus by name who was instructed to wipe the poore English of an infinite masse of money by a new invented mouse-trap trick For hee came into the Chapters of the Religious cozening and compelling them first to promise and then to pay after the example of other Prelates whom he lyingly affirmed to have payed already For he said Such and such a Bishop such and such an Abbat have already freely contributed why doe you slowbacks delay so long that you may loose your thanks with your courtesie Besides this cheater caused them to sweare not to reveal the manner of this exaction to any till halfe a yeere after like robbers who compell those they rob to promise that they will not speake of it But though men should be silent the very stones out of the Churches would cry out against such rake-hells This fit of the fever descended like an hereditary disease upon his successours Innocent the fourth knew well enough how to husband such a fertile field but so as he made all England cry out of him who brought their complaints as far as the Councell at Lyons in the yeere 1245 then and there demanding for justice and reliefe against these tyrannicall exactions and that even before the Popes nose who was there in person who as the Historians say casting his eyes downe for shame durst not say mum And for the Councell which regarded nothing but the Popes pleasure it was deafe on that eare The same complaint was afterwards put up in a Parliament in England by King Henry himselfe who begun to meane himselfe where these Articles were exhibited amongst others The Kingdome of England is grieved inasmuch as the Lord Pope is not content with the subsidy of Peter pence but doth extort a grievous contribution of the whole Clergy of Englandâ— and intends to extort far greater yet and this he doth without the assent or consent of the King against the ancient customesâ— liberties and lawes of the Kingdome and against the appeall and protestation made by the Proctours of the King and Kingdome in the generall Councell 29 This Parliament used so much respect to the Pope as to content themselves with sending some soothing letters to him thinking to soften his heart with the relation of their miseries but this was all in vaine for the grievance grew daily greater and greater and indeed you may observe a new kind of extortion whereof complaint was made to King Henry There were lately brought certaine letters from the See Apostolique containing no little prejudice against the King and Kingdome to witâ— that the Bishops should maintaine some ten men of war well provided of horse and armour some five some fifteene to send over to the Pope for the service of the Church for the space of one whole yeere to be paid by the Bishops of England and imployed where the Pope should thinke expedient which Knights service is not due save only to the King and Princes of the Realme c. A little after The Pope taking courage to trample under-feet the poor English as the same Historian cals them and in trampling to impoverish them commanded the Bishops of England with more imperiousnesse than was usuall that all the beneficed men in England should contribute unto him to wit such as were resident the third part of their goods and the rest halfe adding withall some very hard conditions He sent to one M. Iohn his Legat that if any Bishop should make dainty of paying the subsidies which he demanded under colour of exemption that he should sesse them deeper Another English Historian speaks thus of this matter By reason of these and such like oppressions there was a great murmuring both amongst the Clergy and people insomuch that whatsoever was contributed was given with imprecations or to speake more properly and not conceall the truth with down-right cursings putting the Pope in minde of their grievances with a complaint proceeding from the bottome of their hearts and setting before him their insupportable oppressions And he afterwards addes these grievances The Church of England is intolerably vexed with infinite charges in the tenth of all their goods in the hastening of reliefes in the money levied for Souldiers in the subsidies divers times exacted by Otho the Legat in the paying of 6000 Marks in the twentieth part of their three yeeres revenues in the subsidie of the Roman Empire in the subsidie granted freely 30 Matthew Paris sets downe an infinite company of other barbarous exactions saying The charges were marvelously increased with a great deal of overplus and flowed day by day from the Court of Rome over the miserable Kingdome of England besides the burthen and unwonted slavery insomuch that the Bishops were debarred from the bestowing of their benefices till they had discharged these exactions and yet the pusillanimity of the King never contradicted it Horrible burthens and unheard of oppressions did spring up daily Wee have thought fit to insert in this booke not all the charges for that would be a very hard thing nay altogether impossible to set downe but onely some few to the end that such as read them may bee sorry for them and pray to God that we may be one day freed from them We should spend too much paper in setting downe all which is
the Cardinals and the Popes minions Guicciardine saith his sister Magdalen had a good share of it and that it was not done in hugger mugger 4 Besides they served themselves of these Croisada's and indulgences to wreake their malice or strengthen their purposes to the disturbance and confusion of all Christendome An English Monke of good credit tels us how Vrban the second had this bad designe when hee caused the conquest of the Holy Land to be undertaken at the Councell of Cleremont In the yeer of grace 1095 saith he Pope Vrban the second who sat in the See Apostolique having passed the Alpes came into France the cause of his comming which was publiquely given out was that being chased out of Rome by the violence of Gilbert hee came to sollicite the Churches on this side the mountaines to assist his Holynesse but his more private end was never given abroad which was that by the advice of Boadmond he might stir up all Europe to make war in Asia to the end that in the generall hurly burly of all Provinces Vrban might with case possesse himselfe of Rome and Boadmond of Illyrium and Macedonia after they had consulted with such as were to assist them 5 Alexander the fourth turned the vow of Ierusalem into a vow of Apulia in the case of Henry the third King of England that is a crosse of devotion into a crosse of revenge The Pope gave his Legats power to absolve the crosse-bearing King of his vow dispensing with him for going to Ierusalem alwayes provided that he should goe into Apulia to make war upon Manfred the son of Frederick late Emperour an arch enemy of the Church of Rome The English authour who relates this story complaines in another place that the tenth was granted for the reliefe of the Holy Land and we are compelled to turne it to the aid of Apulia against the Christians 6 A Croisada for the conquering of the Holy Land being resolved upon at the Councell of Vienna under Clement the fifth Philip the Faire and his three sons as also Edward King of England tooke up the crosse to go thither in person with an infinite number of men besides Then did Pope Clement saith an old French Chronicle grant great indulgences to such as could not goe but on condition that they should finde money for that use So as he that gave a penny was to have one yeers pardon he that gave twelve pence twelve yeers pardon and he that would give as much as would maintaine a man going over seas a plenary pardon for all And the Pope appointed certaine men whom he put in trust for the receiving of this money A man cannot conceive the great summes of money that were given for the purchasing of these pardons for five yeeres together And when five yeeres were gone and past and the good men were ready to goe and performe what they had promised and vowed the businesse was brooke off but the Pope kept the money the Marques his Nephew had a share of it and the King and other who had taken the crosse stayed here at home The Saracens there are in peace and quietnesse and I thinke they may yet sleepe securely 7 The same Pope Leo whom we spoke of before caused in his time the tenth of all Ecclesiasticall revenues to be levied in some places under colour of defending the Christian Common-wealth against the Turk but indeed to put it into his owne purse This was the cause he found such strong opposition in Spaine that it was thâ—re resolved by thâ— Clergy Synodically assembled that they would not pay any thing to it The Arâ—hbishop of Toledo did presently interpose and told the Pope by his Proctour that if his meaning was to make war against the Turk he should declare himselfe openly which done they would imploy the best of their abilities but not otherwise Which the Pope perceiving he disavowed the act of his Legat in Spaine in requiring the tenth because said he he was too hasty and it should not have been levied yet But let us heare the Spanish authour himselfe tell the story Nor did bee use lesse diligence speaking of the Archhishop of Toledo in appeasing the commotions of the Clergy which were then a foot by reason that Pope Leo the tenth by authority of the Lateran Councell required the tenth part of the commodity of their benefices of the Clergy It was demanded under colour of defending the Christian Common-wealth for when it was supposed that Selim Emperour of the Turks having conquered the Sultan of Egypt and put him to an ignominious death would bend his forces against Italy the Pope in the last act of the Lateran Councell treated with the Fathers there to have the tenth of their benefices for three yeers to defend the sea coast and fortifie the passage against the enemy to the utmost of his ability This was denyed him by divers who thought it very hard to see their livings overcharged in that kinde contrary to the decrees of other Councels and the constitutions of the Popes especially seeing Christian Princes to whom the frontiers belonged were not mustering any armies nor made any semblance of war The Pope on the otherside maintained that there was the like necessitie now as at the Councell of Constance under Martin the fifth For what greater cause could there be to move them than the preparations of the publique enemy of Christianity for the invading of Italy and Rome The Clergy of Aragon who were imboldened by the Bishop of Saragossa the Kings Lievetenant there and liberty which all in that Kingdome enjoy at their meetings in provinciall Synods determined to deny the payment of those tenths But forasmuch as it neerly concerned them to take the authority of the Archbishop of Toledo along with them who was in great account with the Pope aswell the Bishop of Saragossa as the other Bishops of Aragon intreated him by letters to undertake the cause of the Clergy and that he would not suffer being such a potent man in the Province as he was wherein he outwent all his Predecessours the immunities of the Clergy to bee so farre prejudiced Ximenius who had taken order that it should not be put in execution in Castile answered them courteously and with all mildnesse promising them that he would doe whatsoever lay in his power for the preservation of their Ecclesiasticall liberty But in the mean time he advised them to dissolve their assembly and expect in patience what would be the event of things that he would treat with the Pope and the Emperour Charles hereabout and that he hoped the issue would be to their content Whereupon he thought fit in the first place to acquaint the Emperour to whom he writ his advice to this effect That seeing the Clergy of Aragon had begunne to oppose by calling of Synods that ours may have the like assemblies to examine the grounds of these exactions and try whether that
defeated and stopped by Apostolicall letters and rescripts The German Nation framed likewise a complaint concerning this point and presented it to the Emperour Maximilian The causes say they that might be determined in Germany where there are both just and learned Iudges are removed to the Court of Rome withouâ— any distinction 10 The Popes have likewise gone about to usurpe the Lay jurisdiction and to draw unto them all sorts of Lay men even in profane maâ—ters whereof the States of Germany made a grievous complaint also which we will here insert Seeing that not only the grounds of equity but also the ordeâ— of things doth require that the bounds of jurisdictions be distinct and limitedâ— and that every Ordinary content himselfe with his owne bounds without entrenching one upon another in the exercise of their jurisdiction yet the Popes heretofore never considered this equity but sleighting it have oftentimes cited Laymen to Rome and made them appeare in judgement before them and that evâ—n in causes profane as cases of inheritance or morgages and those of the first rank Which thing tends to the losse dammage and mispâ—ision not onely of those that are summoned but also of the states of the Roman Empire and to the disgrace and infringing of its jurisdiction Item when any man offers to affirme upon oath at Rome that he doth not expect that he can obtain justice of his competent Iudge in Germany he is forthwith admitted to take that oath and letters are granted to him to set his adversary a day and so the suit is removed from Germany to Rome without ever any request made to the Iudge or notice given to the party Whereupon under pretence of this oath neither the reasons of not proceeding nor any other proofes are admitted although it may bee plainly convinced that the adverse party is perjured Which thing if it take any deep root and be not remedied in the beginning all causes in fine will bee devolved to the tribunall of the Court of Rome and all Ordinaries deprived of their jurisdiction which would be both unjust and untolerable 11 Wee will here set down by way of commentarie on these Articles the severall usurpations which the Popes have made upon Lay men in point of justice and jurisdiction The Glossatour upon the Canon Law freely confesseth That the Pope doth daily give out writs to Clergy-men against Layiques in all causes whatsoever and by this meanes getteth the jurisdiction of the other The Parliament of Paris urgeth this usurpation in their Remonstrances to Lewes the eleventh Item the Clergy would not only be molested by citations from the Court of Rome but the Seculars would be like the Barbour before S. Dennis of the Charter who lost his son in the Court of Rome by the Pestilence and the Father was afterwards summoned into the Court for his sonnes debts as also M. Iohn d' Argonges the Kings Advocate One of our old Lawyers toucheth this very usurpation Observe saith he speaking of the exception in case of excommunication that this was invented by the Pope for another reason to wit that his power might be therein enlarged as well in the Civill Court as the Ecclesiasticall which ought rather to be restrained than augmented inasmuch as the psalterie doth not agree well with the Iettren 12 Other Prelates have done the like after the example of their Head witnesse the complaint of M. Peter de Cugueres against the Clergy of France Although the cognizance of Lay men belong to the Secular Iudge excepting in spirituall cases yet the Bishops Officials cause them to be summoned before them upon the demand of the parties and if the said Lay men decline the jurisdiction of those Officials or those Lords whose subjects they are require that they may be dismissed as being their temporall Lords and Iudges the said Officials refuse to do it and compell the parties by excommunications to proceed before them Hee quoteth many other cases in divers Articles which the reader may see in the Authour CHAP. VIII Of Ecclesiasticall informations and of the Popes Commissaries and Legates 1 THe chiefe meanes whereof the Popes have served themselves against Laymen to get the jurisdiction over them even Kings and Princes have beene Ecclesiasticall denuntiations for upon complaint and information made unto them against a Layman they would cause him to be summoned before them namely then when there was any oath in the businesse or any sinne might follow upon it which commonly fell out in all causes And suppose all this failed the Plaintife needed but sweare that hee looked for no justice from the Lay Iudge as the articles of the States of Germany have it 2 Wee have a pretty example in Philip Augustus King of France who having some difference with King Iohn of England surnamed Lacke-land concerning the Dukedome of Guyen and Earledome of Poictiers which Philip supposed to belong to him because homage was not done for them and concerning the Dukedome of Brittaine which was confiscated unto him by the murther of Arthur King Iohns Nephew whom he had killed hee was summoned to Rome by Innocent the third upon the information made by Iohn supposing that the Pope ought to have the determining of their controversie by reason of an oath upon the setling of the lands formerly made betweene the two Kings and the violation thereof concerning which hee writ at large to the Bishops of France that they would approve of his proceeâ—ings which was so well liked by his successors that they canoniz'd his Decretall which neverthelesse hath beene disliked by some Devines And for the Canonists some of them have said that the Protestation which he makes at the beginning of it contradicts the Act it selfe in as much as he declareth that hee will not meddle with the jurisdiction of the Kings of France which neverthelesse hee did for the feudall differences being determined by the Peeres of France betwixt Philip the Lord and Iohn the Vassall yet the Pope would have his Legats to have the cognizance of them for heark how he speakâ— That Philip would patiently suffer the Abbat of Casemar and the Archbishop of Bourges to have the full hearing whether the complaint put up against him be just or his exception legall The observations of learned Cujacius up 〈◊〉 that Chapter are remarkable He protesteth saith he doing one thing anâ—â—etending another not to intermeddle nor usurpe the cognizance of the fieffs beloâ—ging to the King which he knoweth to appertaine to the King and the Peeres of France but onely to have the cognizance of the perjury And he afterwards addes All this he wrote to appease the Prelates of France and beare them in hand that he proceeded justly against their King and put all his Kingdome in an interdict upon this occasion yet for all that he gained nothing by it 3 In the time of Saint Lewes a great complaint was made against Innocent the fourth
by the Nobility of France upon occasion of such usurpations Yea in so much that they put out a very bitter declaration which startled him a little as the English Historians doe record Loe here a piece of it All we prime men of the Kingdome perceiving out of our deepe judgement that the Kingdome was not got by Law written nor by the ambition of Clergy-men but by the sweat of warre doe enact and ordaine by this present decree and by joynt oath that no Clerke nor Layman shall sue one another before the Ordinary or Ecclesiasticall Iudge unlesse it be in case of heresie marriages and usury upon paine of confiscating all their goods and the losse of a limbe to the transgressors hereof for which certaine executioners shall be appointed that so our jurisdiction being resuscitated may revive againe and those who have enriched themselves by our poverty amongst whom God for their pride hath raised up prophane contentions may be reduced to the state of the Primitive Church and living in contemplation may shew us those miracles which are fled out of the world a long time agoe and wee in the meane time lead an active life as it is fitting The Historian addes The Pope having heard these things sighed with a troubled minde and desiring to appease their hearts and breake their courage after hee had admonished them he frighted them with threats but he did no good for all that 4 The King of England in imitation of our French made also a Statute for the preservation of his justice The same yeere 1247 saith Matthew Paris the King of England following the example of those Lords that made these Statutes in France which were approved and sealed by their King to tame in part the insatiable greedinesse of the Court of Rome ordain'd that these things following should be inviolably observed To wit that Laymen should not be convented before an Ecclesiasticall Iudge in case of perjury or for breach of promise Gregory the seventh kept a fine decorum when after hee had deposed out of hand the Emperor Henry the fourth when he was doing his pennance at Rome and created Ralph in his stead he would afterwards be the judge of their controversie to see whether had the wrong A Germane Priest makes mention of the pennance appointed to the said Henry whereof wee speake in another place he saith moreover that in the time of the vacancy The Pope sent a crowne of gold to Ralph Duke of Suevia accompanied with a verse which we have cut into two as good as the Latine Petra dedit Romam Petro tibi Papa Coronam The Rocke gave Peter Rome in fee The Pope bestowes the crowne on thee He addes that the Pope commanded the Archbishops of Mayence and Cullen and other Princes and Bishops of Germany to take Ralphs part and to make him Emperour which was done accordingly That the Bishop of Strasburg the Emperours great friend going to Rome after hee had sought him diligently a long time through the City and found him in the places consecrated to the Martyrs and told him of the new election and how much it concerned him to goe to Germany in all haste to â—ll â—nfort â—his friends and repell the force of his enemies the Emperour making â—omewhat nice of departing without the leave of the Sea Apostolique the Bishop enformed him that all the mischiefe of the treason proceeded from the Romane treachery and that it was necessary he should flie away privily if he would avoid being taken 5 The case being thus let us now heare the narration which Gregory made hereof in his Bull of excommunication and his pretence for the judgement Certaine Bishops and Princes of Germany saith he having been a long time vexed by that wilde beast in stead of Henry who fell from the Empire by reason of his offences chose Ralph of Suevia for their head and King who using such modesty and sincerity as befits a King sent his commissioners forthwith unto me to give me to understand that he undertooke the managing of the Empire against his will That notwithstanding hee was not so desirous of reigning but that he lov'd rather to obey us than those who promised him the Empire That he would be alwayes under our power and Gods and to the intent we may be assured that he will be so he hath promised to deliver his children unto us for hostages From thenceforth Henry hath begunne to vexe himselfe and intreat us at first to repell Ralph from usurping the Empire by anathema's I replyed that I would see who had the right and that I would send my Nuncio's to examine the whole businesse and afterwards I would judge who had the better cause 6 They have gone so farre in this point that they have attempted to exercise jurisdiction over Kings and Princes in their owne cause as Boniface the eighth who having a controversie with King Edward the first of England touching the Realme of Scotland which the Pope said belonged to the Church of Rome he writ to him That if he pretended any title to the Realme of Scotland or any part thereof he should send his Proctours and speciall Ambassadours to the See Apostolique with all his rights and instruments belonging to that particular there to receive full justice upon the premises The King of England caused answer to be made unto the Pope by the chiefe Lords and Barons of his Kingdome assembled together in Parliament as they call it where they say concerning this point That the Kings of England have not nor ought not to answer for the titles which they pretend to the said Kingdome or other temporall matters before any Iudge Ecclesiasticall or Civill by reason of their royall dignity and prerogative and the custome inviolably observed in all ages Wherefore after mature deliberation and advice about the contents of your letters the common and unanimous consent of all and every one of us was and shall be without starting for the future that our King ought not any way judicially to make answer before you concerning his right to the Kingdome of Scotland or other temporals nor in any wise submit to your sentence or bring his right in question and dispute or send his Proctours and Ambassadours before you for that purpose and we doe not allow nor will in any wise allow what we neither can nor may that our King if he would doe the said things which are inusuall unlawfull prejudiciall and unheard of nor that he goe about to doe them in any wise 7 Innocent the fourth saith another Historian caused Henry the third King of England to be summoned before him to answer to one David a vassall of his and to give him satisfaction as hee said for some injuries which hee had done him this thing was derided and made a mocke of among many 8 They have not only attempted to determine of profane matters between Lay men but which is more to disanull
and dignity and substitute another worthy of itâ— by the authority Apostolique The King of France having such a wiâ—â—ed occasion offered made ready for warreâ— and mustered up an army But in the meane time behold the fraud while the comming of the King of France was expected by sea Pandulphus the Popes Legate comming out of France goes to King Iohn tels him what eminent danger hee is in shewes him how hee is utterly undone unlesse hee shadow himselfe under the Popes wings The King having learned from him how this protection might be sweares upon the holy Evangelists in the presence of the same Pandulphus that hee will submit unto the judgement of the Church Which judgement of the Church was that this poore King should be a vassall a slave and tributary to the Church of Rome Heare the words of the same Authour ensuing immediatly afterâ— Then hee resigned the Crowne of England to Pope Innocent and did homage unto him bringing a most free countrey into bondage to be made King of his owne Dominions and that with a tribute having framed an instrument hereof to be pitied and abhorred of all those that understand it 9 Hee that would read the Conveyance may finde it at large in the Histories of Matthew Paris and Matthew Westminster wee will here relate so much of it as shall serve our turne Wee offer and give unto Godâ— and to his blessed Apostles Peter and Paul to our mother the holy Church of Rome to Pope Innocent the third and his successours all the right of Patronage which we gave to the Church of England together with the whole Realmes of England and Ireland and all their rights and appurtenances for the remission of our sinnes and the sinnes of our progenitors as well alive as dead and receiving at this present from God and the Church of Rome all the premisses as a vassall and feudatary for which we doe liege homage and promise fealty to Pope Innocent and his Catholique successours And afterwards And in witnesse of this our gift and grant we will and decree that the Church of Româ— receive yeerly a thousand Markes â—â—erling of the proper revenues of our said Kingdomes besides the Peter-pence 10 After this that honest Iohn Lack-land was absolved from â—is excommunication And my Lord Legat began earnestly to advise the King of France to desist from his enterprise who was now in readinesse to passe over into England with great forces So Matthew Paris Another relates it thus The King of France being cozened by the many talks and faire words of the Popes Nuncio's seeing King Iohn sheltered under the shield of the Court of Româ— gave over his enterprise after he had spent fourty thousand pounds upon it receiving thereby a great deale of shame Thou wrongs him Englishman it is the sanctity of Româ— which should have blusht at it rather 11 This history with divers others of this kinde which wee could urge prove that to be true which Marsilius of Padua witnesseth The Bishops of Rome saith he having thus broken the ice they first excommunicated some under pretence of labouring for peace and unity amongst the faithfull people of Christ whereas it is indeed because they refused to stand to their judgement Afterwards passing sentence against them both reall and personall and very roughly against some namely such as are of least abilities to resist their power such are particular persons and common-wealths in Italy more mildly against others as Kings and Princes whose assistance and coactive power they are afraid of on whom notwithstanding they incroach by little and little and they endeavoured ordinarily to doe it by usurping upon their jurisdictions having the boldnesse to throw at all at onceâ— by reason whereof their close prevarication hath hithertowardâ— kept secret forasmuch as concernes the Emperours of Rome and their subjects yet so as that now they say they have all the coactive temporall jurisdiction 12 The Emperour Frederick the second being excommunicated by Gregory the ninth could not make his peace with him without a great summe of mony He obtained it not saith Platina till he had given twenty hundred thousand ounces of gold to the Church of Rome for the damages which hee and put it to and till he went in the habit of a supplicant as farre as Anagusie to the Pope About the yeere 1338. 13 Lewes King of Hungary was compelled to buy Campania at a deare rate of Clement the sixth which belonged to him as heire to his brother Andrew About this time saith Aventine the King of Hungarie's Oratours stucke fast in the same mire at Avignon Lewes King of Hungary that he might not bee excluded from his brothers kingdome bought Campania the inheritance of his brother Andrew which was set to saile by the Pope and gave him two millions eight hundred and sixty thousand crownes for it 14 Now these great treasures which they rake up together are partly for themselves partly for their children nephewes and other kinsfolkes which are oftentimes seene to be both beggars and Princes on one day For the first thing they doe after they are setled is to preferre and ennoble their kindred and divide amongst them not any pettie summes of money but whole Earledomes Dukedomes and Principalities to make them Generals of Armies and such like things so as all the pompe and magnificence is for them 15 This was in fashion in Marsilius de Paduaes age who lived about 336 yeeres agoe for speaking of the Popes he saith They either bestow when they are alive or bequeath when they are like to dye as great summes of money as they can not upon the poore but upon such as are linckt with them in affinity or otherwise however they bee robbing the poore of them The author of the Vergers dreame makes the Knight speake thus Ye never consider the goods of holy Church which your children your nephewes your parents and sometimes other lewd persons catch away 16 Rodericke Bishop of Zamore in Spaine and Constable of the Castle of St. Angelo in his Booke entitled The mirrour of mans life dedicated by him to Pope Paul the second about the yeere 1488. amongst other cares and inconveniences of the Popedome reckons this for one First saith hee domesticke care is an hindrance and besides that most unjust greedinesse and as I may so say most enraged madnesse of preferring their parents of perpetuating their family their kindred and the whole generation of such as are descended of their blood for some Popes would not have one onely but many great families and noble houses owe their originall to them and have honourable principalities springing from them 17 These are they of whom those words in the ordinance of Lewes the 11 made the 16 of August 1478 ought to bee understood It is a strange thing saith he that the unjust exactions of the Court of Rome should bee suffered such are their expectative Bulls
by the judgement of God by reason of the sinnes committed by the Emperours the consciences of Princes and people binding them to make resistance against them 5 The Clergy of Liege in their Apology against Paschal the 2 who had commanded Robert Earle of Flanders to make warre upon them and had excommunicated them because they would not abandon the Emperour Henry the 4 How comes this to passe say they that Pope Paschall not content with the spirituall sword alone sends his Champion Robert to spoile the lands and inheritances of the Church which if they must needs be destroyed ought to bee so by the Edict of Kings and Emperours who beare not the sword in vaine 6 S Bernard exclaimes mightily against the Popes dominion and gives good advice to Eugenius the 3 about this particular where he tells him amongst â—ther things You were made superiour to others for what I pray not to domineere I trow Wee therefore having a conceit good enough of our selves doe not yet remember that any commanding power was given unto us but that a ministery was laid upon us You must consider that to doe the worke of a Prophet you stand in steed of a weeding hooke not of a Scepter Hee saith in another place This is plaine that dominion is prohibited by the Apostles goe you then I pray you and if you dare usurpe either the Apostleship as rulers or the power of ruling as the Apostles The one of the two is forbidden you if you will needs doe both you loose both Doe not thinke that you are exempted out of the number of those against whom God makes this complaint They have reigned but not by me c. Hee hath more concerning this point but this shall content us 7 Venericus Wercellensis in his book of the unity of the Church saith That the sacerdotall judgement hath no more but the spirituall sword which is the word of God And speaking of Hildebrand that is of Gregory 7 But Hildebrand saith he and his Bishops have doubtlesse challenged to themselves the very top of regall Authority yea they have usurped the function of both jurisdictions insomuch that the Kingdome is fully in their power or where they are pleased to bestow it being growne more perverse by reason of this great prideâ— so that they can neither looke to the one nor the other neither the Priestdome nor the Kingdome considering that no one man is sufficient to discharge either of the two they being such weighty imployments But however hee is neither Christian nor Catholique that contradicts the Gospel and despiseth the doctrine of the Apostles which saith Give to Cesar the things that be Cesars and to God the things that are Gods He that serveth God meddleth not with the things of the world Feare God honour the King Be subject to every humane creature for Gods sake c. He urgeth many other reasons and places out of Scripture which to set downe might be troublesome 8 A German Abbat who writ about 1â—50 speaking of the excommunication of the Emperour Frederick the 2 whom Pope Honorius had also deposed from the Empire This sentence saith hee being noised abroad into the world some Princes and divers others tooke it ill saying that it concerned not the Pope to set up or pull downe the Emperour but only to crowne him after he is elected by the Princes 9 An English Historian makes an observation herereupon which may much import all Princes One thing saith he vexed all the Princes and Prelats weighing the future dangers by the foresight of their understanding that was that however Frederick had sufficiently deserved to be deposed and deprived of all honour yet if the Popes authority by Gods permission deposed him so as he could not relieve himselfe the Church of Rome abusing the grace of God would grow hereafter to such an intolerable height and pride that she would depose Catholique Princes though just and innocent yea and Prelats also upon sleight occasionsâ— or would cause them to be deposed and disgraced and speaking haughtily and boasting themselves however descended from low degree they would say Wee have trode under foot the great Emperour Frederick and who art thou that thinkest to withstand us 10 The Pope having excommunicated King Iohn of England and put his Kingdome in an interdict compelled him to become a vassale and tributary to the See of Rome Whereupon Philip Augustus King of France gave him to understand that it was an unjust thing and more than he could doe wherein he was seconded by the great Lords of France as we have said in the beginning of the first Booke 11 In the reigne of S. Lewis ann 1247 what time as it is probable hee was gone in the Holy warres the Nobles of France finding themselves vexed and troubled by Pope Innocent the 4 made a League and set forth a declaration against him where they say amongst other things That the Clergy pointing at the Pope swallow up and frustratâ— the jurisdiction of Secular Princes so as by their lawes the children of slaves passe judgement upon free men and their children Whereas by the Secular lawes of our Kings and Princes they ought rather to be judged by us 12 The yeere 1244 the Prince of Northwales being a vassaile of the King of England put himselfe and his Princedome into the protection of the same Innocent who received him by the mediation of a certaine summe of money promising him to shake off his royall yoke Thâ—se things saith an English Monke being come to the knowledge of the King the Lords of the Land and other Princes aliens they were much displeased at him and abhorring the covetousnesse of Rome they perswaded the King of England to put it to a battell to curbe the upstart insolence of such an ungratefull person The same Pope Innocent the 4 after the death of Câ—â—rade King of Sicily and Apulia seized almost all the Kingdome into his hand and entred upon it with an army Which the chiefe of the Countrey perceiving saith the same authour they were vexed at it and setting upon Memfred bastard son to the Emperour Frederick they adhered unto him and did him hâ—mâ—ge 13 Philip the Faire being excommunicated by Boniface who pretended to be Lord Regent of France was so borne out by his subjects that when hee demanded their adviceâ— how he should demeane himself and whether he should put up that wrong they made answere uâ—to him commending his good intention That they were ready not onely to spend their goods which they there wholly offerd unto him for that end but also to expose their persons even to death for him not refusing any torments Adding further and that more plainely by word of mouth That if the King which God forbid would suffer it or connive at it yet for their parts they would never endure it Which and such like words as may bee read in some other passages
for the Acts of the Councell say in expresse termes That the Kings of England Hungary Bohemia and Denmarke consented thereunto So likewise the Emperour Sigismund called that of Constance the Emperour Maximilian that of Pisa. 27 Although the Popes Primacy be not acknowledged by the Greâ—k church yet he assembled the Councell of Ferrara where were present the Emperour of Greece the Patriarch of Constantinople and a great number of Greek Bishops Let us never then make it a matter impossible it is fesable enough if we give our mindes to it When the Pope called the Councell of Trentâ— he communicated it first and formost with Christian Princes and required their advice about it Having asked the advice saith Paul the third in his Bull of Convocation and sounded the mindes of Christian Princes whose consent in the first place we thought usefull and convenient and finding them not averse from this our designe we have thereupou denounced the Councell So King Charles the ninth became a suitor to the Pope and Princes of Christendome for the renewall of that Councell for mark how he speakes of it in his letters directed to the Prelates of France to cause them goe thither Although the present troubles of the Church have moved as to desire and procure by all meanes possible the holding of a Generall and Oecumenicall Councell and that our holy father the Pope the Emperour and other Christian Kings and Princes by their severall answers made upon our instant request and suit unto them thereabout doe make a faire show of being willing to hearken thereunto c. 28 He did no more in this but imitate the patterne of other Kings his predecessors Charles the sixt to make up the schisme betwixt Pope Boniface and Pope Bennet sent his Ambassadours to the Emperour the Kings of England Bohemia and Hungary to entreat them to have a regard to what concerned the publique good and quiet The same King went so farre that he perswaded Wenceslaus the Emperour to come to Rhemes where there was a Generall Councell holden upon that occasion where the Ambassadours of the King of England and divers other nations were present CHAP. VII That the authority of calling Councels belongs also to Kings and Princes 1 THese examples invite us to looke a little further into France and speake more fully concerning this point of calling Councels And the rather because both our Kings and all other Princes of Christendome are deprived of this royal prerogative by the Councel of Trent and that in such sort that the Pope thereby enhanseth his owne greatnesse to whom all such Councels are bound to swear obedience and not to depend upon any but upon him The Decree runnes thus Provinciall Councels if they have beene any where disused let them for reformation of manners correction of abuses composing of Controversies and such other ends as are allowed by holy Canons be brought up againe Wherefore let the Metropolitans themselves or if there bee any lawfull impediment why they cannot the senior Bishopâ— within a yeare at the furthest after the end of this present Councell and after that once every three yeers at least after the octaves of the resurrection of our Lord Iesus Christ or at some other more convenient time according to the custome of the Countrey not faile to call a Synod in their severall Provinces 2 And in anothâ—r Session there is a strict injunction laid upon them That at the first Provinciall Synod which shall bee holden after the end of this present Councell they publiquely receive all and singular such things as have beene determined and ordained by this holy Synod and withall promise and professe true obedience to the Bishop of Rome It remaines that wee prove this right of calling Councels to belong to our Kings within their owne Kingdome In the collection of the liberties of the Gallicane Church there is this Article The most Christian Kings have alwayes as occasion and the necessities of their Countrey required assembled or caused to assemble Synods or Councels Provinciall and Nationall Who among other things concerning the preservation of their State have also treated of such matters as concerned the order and Ecclesiasticall discipline of their Countrey touching which they have caused rules Chapters lawes ordinances and Pragmaticall Sanctions to be made and set out under their name and by their authority Wee read another Article of this straine in the third Chapter of the Remonstrance made by the Parliament of Paris to Lewes the eleventh 3 Nor is there ought in all this but is well backed by such examples and authorities as shall bee proâ—uced We begin then with Clovis our first Christian King by whose command the first Councell at Orleans was assembled about the yeer 506. So say the Bishops that met there in the letters which they sent unto him To their Lord the most illustrious King Clovis the sonne of the Catholique Church All the Clergy whom you commanded to come unto the Councell So likewise the second Councel of Orleans was holden in the yeer 533. by command from King Childebert which is mentioned in the subscription of the Bishop of Bruges and it is said in the Preface Wee are here assembled in the citie of Orleans by the command of our most illustrious Kings The fifth of Orleans was called by King Cherebert the yeer 549. Wherefore the most mild and invincible Prince Cherebert having assembled the Clergy in the citie of Orleans c. The second of Paris was called by King Childebert ann 558. Being met in the citie of Paris they are the words of the fathers of it by the command of our most illustrious King Childebert The first of Mascon by King Guntrand in the yeer 576. Wee being assembled in the towne of Mascon by the command of our most illustrious King Guntrand 4 The second of Valencia was called by him also in the yeer 588 and it hath the same Preface He called also the 2 of Mascon the same yeer 588 and afterwards by his Edict confirmed the Decrees thereof as made by his commandement Wherefore saith hee wee will and command that whatsoever is contained in this our Edict bee for ever observed and kept forasmuch as wee have taken paines to cause it to bee so determined at the holy Synod of Mascon That of Cavallon in Provence or as others fancie of Châ—alons upon the Saon was holden in the yâ—er 658 By the call and appointment of the Illustrious King Clovis The Synod which was held in France ann 742 was called by Câ—â—loman as hee himselfe witnesseth in the Preface thereunto I Carloman Duke and Prince of the French with the advice of the servants of God and the chiefe Lords of the Land have assembled in a Councell all the Bishops of my Kingdome together with the Priests in the 742 yeere of Christs incarnation 5 In the time of King Childeric Pepin who then ruled all the rost called a Councell
furnish us also with varietie of examples and show us this right annexed to the Crowne of their Kings to use it when they please In the yeare 905 King Edward the elder together with Plegmond Archbishop of Canterbury called a famous Councell of Bishops Abbats and other persons In the yeare 1070 saith an English Monke there was a great Councell holden at Silchester upon the Octaves of Easter by the command and in the presence of King William the Pope consenting thereunto and contributing his authority by his Legates In the yeare 1301 Edward the first called a Councell at Lincolne Sometimes the Kings let either the Archbishops of Canterbury call them or some other of the Clergie who proceeded thereunto onely so farre as they had their leave and consent So Anselme Archbishop of Canterbury under Henry the first by his will and pleasure called a Councell at London in the yeare 1102. Pope Alexander the third saith another English historian assisted by the favour of the Princes he means the Kings of England and France held a Generall Councell at Tours in the year of grace 1163. King Henry the second of England having quieted the state of Ireland caused divers abuses not sufficiently purged out of the Church to bee reformed and corrected according to the doctrine of Christianitie and by a Councell by his meanes holden at Casselles The same King caused a Councell consisting of Bishops and other Princes to bee called at Northampton King Henry made all his adversaries bee pronounced enemies of their Country by a Councell which he caused to be holden at Winchester which others call Silchester Hee that will be curious to enquire into their histories may finde divers other presidents and yet it may be said that this Kingdome of all others hath beene most subject to the papall power 20 As for Spaine the Acts of almost all those Councels which wee have in the great collection of them doe plainely shew us that the Kings had the whole stroke in this matter For the Preface of the first which was holden at Braque in the yeer 572 runnes thus Whereas the Bishops of Gallicia were met together in the Metropolitan Church of the Province by the command of the most Illustrious King Aramirus And a litle below Now then seeing our most glorious and most devout sonne hath by virtue of his command royall granted unto us this day so much desired of our Congregation for us to assemble our selves all together let us in the first place treat of the state of the Catholique faith In the yeere 573 there was another Councell holden in the same place By the command of the same King In some copies Miriclias is named in stead of Ariamirus but that imports not the point in hand The third Councell of Toledo where the Arrian heresie was condemned ann 589 was called by King Recharedus as is set downe in expresse termes both in the Acts thereof and by divers Historians The fourth of Toledo was called by the command of King Sismand The fifth and sixth by King Suintilla for besides that it may be proved out of the Acts of them there is a Prebend of Barcelona which affirmes it downright This King saith he called the fifth and sixth Synod in the citie of Toledo The seventh of Toledo was called by King Sindasund The eighth ninth and tenth by King Risisund After he was received into the Kingdome saith the same Prebend of Barcelona hee commanded three severall Councels to bee held in the Citie of Toledo under Arch-bishop Eugenius But we have no need of his testimony for the Acts themselves plainely say as much of those Councels at least of two of them The eleventh of Toledo was commanded by King Bamba in the yeer 674. The Acts doe obscurely intimate so but Tarafa clears it Bamba saith hee after his victory over Paul and the Gauls returned to Toledo where hee commanded the celebration of the eleventh Councell So likewise the third of Braque was called by him the same yeere as we have it set downe in the end of the Acts. The twelfth thirteenth and fourteenth of Toledo were called by the command of King Eringius The Acts of the first testifie as much directly those of the second intimate so and for those of the third wee have them not but the same Prebend of Barcelona relates it in this manner This Eringius in the second yeere of his reigne caused the twelfth Councell of Toledo to be holden which consisted of thirty six Bishops in his fourth yeere he made the thirteenth be holden consisting of fourty eight Bishops and the foureteenth in his fifth yeer wherein were twelve Bishops all three under Iulian Archbishop of Toledo The other foure following Councels of Toledo King Egytas assembled the Acts of two wherof were carried to Rome to help to correct Gratians Decret's by as is mentioned in a note put at the end of the Acts of the thirteenth of Toledo but waiting till they bee put out in print we shall content our selves for the present with what is delivered concerning this point by the forementioned Canon of Barcelona King Egyta saith hee in the first yeere of his reigne which was the yeere of our Lord 693 caused the fifteenth Councell to bee celebrated under Iulian Archbishop of Toledo consisting of sixty one Bishops the sixteenth Councell in his third yeere and the seventeenth in his fourth under Philip Archbishop of the same Church Wee shall observe by the way that these Councels of Spaine consisted partly of the Bishops of Languedoc a Province of Franceâ— for there are named in the subscriptions of some of them the Bishops of Carcasson Narbo Beziers Lodeuâ— Agde Maguelone who is now Bishop of Montpelier Nismes and others in the same Province and this because the greater part of it was then under the dominion of the Gothes who held it together with Spaine wherfore it is sometimes by our French Historians called Gothia Gottica Provincia and Gothica regio CHAP. VIII That it belongs to the Emperour and Kings to appoint the time and place when and where Councels shall bee held and not to the Pope 1 HAving proved already that the calling of Councels belongs unto the Emperour and Kings and not unto the Pope it follows then that it is for them also to appoint the time and place Yet notwithstanding we will further confirme it by some examples It is storied by Sozomen that Constantine the Emperour resolved to hold a Councell at Nice upon occasion of the new doctrines of Antiochus and the heresie of Aetius and how by the perswasion of Basil hee changed his purpose and would have removed it to Nicomedia but by reason thâ—t citie was ruined by an earthquake by the advice of the same Basil hee made choice of Nice againe and how when there happened another earthquake there too hee resolved upon the perswasion of
deliberation hath chosen the welbeloved sonne of the Church Thomas for supreme Bishop calling him by the name which hee is now called Nicholas the fift This was done in the yeare 1449. In the same Act it is said that the Kings of England France Sicily and the Dolphin did much further that union 17 Bellarmine urgeth Leo the tenth against us also and the Councell of Lateran which was continued and ended under him after it was begun by Iulius the second For the better judging of the validity of this Councell wee must know the cause of it as Onuphrius a witnesse beyond exception doth deliver it The French being puffed up with the good successe of their affaires summoned Pope Iulius the second to a Councell which should be holden at Pisa the first of September as it was agreed upon betwixt them and the Emperor and the Cardinals that were revolted from the Pope who having laboured to make peace with the King of France Lewes the twelfth upon condition of recovering Bonony and dismissing this Councell of Pisa seeing that hee was growne insolent after his victory and that he obstinately refused to hearken unto him by the advice of Anthony de Monte he called the Generall Councell of Lateran to Rome to defeat the Conventicle of Pisa. And besides he excommunicated the King of France the Florentines who had received the Councell into the City of Pisa and all those that were assembled thither He deprived five Cardinals of all their honours and dignities who had beene the authors of that Councell He labours to sleight the authority of this Councell by setting downe the small number of Cardinals yea by minishing of them contrary to truth For by the Acts thereof it appeares that there were other five besides those whose names hee rehearseth The author of the Dialogue upon the death of Iulius reckons nine Nine Cardinals saith Iulius who is the speaker revolt from me proclaime a Councell invite me to come to it desire me to preside at it when they cannot obtaine that they call it themselves and summon all the world unto it with the authority of Maximilian as Emperour and Lewes the twelfth King of France But let him make the number as little as he will it may suffice our other Frenchmen yea all good Christians that this reverend Councell of Lateran was not called out of any zeale to religion but onely to breake that of Pisa and to hinder the reformation which they would have made of the head and the members But it is fitting to shew thoroughly the validity of that of Pisa and the nullity of the Lateranâ— to the honour of our Kings and the shame of the Popes 18 The world had a long time gaped after that so much desired reformation of the Head and the members â—ivers Councels had bin holden for that end but still in vaine by reason of the Popes craftinesse I will say nothing without good warrant that is a thing must bee looked to nowadayes Give eare therefore to the instructions which the Cardinals that called the Councell of Pisa gave to Ioannes Baptista de Theodorico and Francis de Treio whom they sent to Rome Having not had any Generall Councels say they for so many years and howâ—ver some few were assembled as wee finde that there have beene five within these hundred years last past viz. that of Pisa Constance Siena Basil and Florence yet for all that the Church hath not beene reform'd effectually by reason of those impediments and quarrels which have intervened and the Lords field in the meane time is overgrowne with briers and thornes that must of necessity bee purged by a Councell Vpon this occasion also it was religiously ordain'd by the Councels of Constance and Basil that Synods should bee held every ten yeers 19 But this being neglected by the Popes after the Councels of Lausanne and Florence at last the See comming to be void in the yeare 1503 the Cardinals before they went to a new election bound themselves by an oath that hee amongst them upon whom the election should light should bee bound to call a Councell within two years after and they drew an instrument hereof whose inscription runnes thus The things underwritten are the publique chapters ordained betwixt the supreme Bishop that shall bee and the right reverend Cardinals unanimously and with common consent for the defence of the libertie of the faith and the reformation of the Church in the Head and members Then follows the text We all and every one of the Cardinals of the holy Church of Rome here underwritten do swear and vow to God Almighty to the holy Apostles Peter and Paul and promise to all the saints of holy Churchâ— that if any of us be chosen Pope presently after the solemnity of his election he shall sweare and vow purely and in all simplicity and good truth to keep and cause to be effectually fulfilled and kept all and singular the Chapters here underwritten and to require all notaries to send out publique Buls of the same 20 First of all hee shall swear and promise that in case of necessity of assisting faithfull Christians c. There are yet some more Chapters and then it is said Item forasmuch as it is very important to call a Generall Councell with all speed for the peace of Christians the reformation of the Church the abolishing of many exactionsâ— as also for an expedition against the infidels hee shall promise swear and vow to call it within two yeares after his creation and to begin it effectually in some place of freedome and safety which shall bee chosen by him and two parts of the right reverend Lord Cardinals by balots The oath and vow made by the Cardinals concerning the things aforesaid 21 Wee all and every one of us the Cardinals of the holy Roman Churchâ— assembled together at Rome in the Palace Apostolique for the election of a future Pope of Rome conâ—irming the Chapters aforesaid agreed upon amongst us with consent and concord for defence of the Catholique faithâ— Ecclesiasticall liberty reformation of the Church in the Head and members and for the band of charity and peace betwixt the supreme Bishop and the Cardinals of the Church of Rome his brethren do vow to God to the glorious Virgin Mary his mother to the blessed Apostles and to all the Court of heaven swearing upon the holy Gospels corporally touched one to another and also to the publique notaries here undeâ—written as legall persons covenanting in the name of the holy mother Church and of our sacred Colledge and of all others that have any interest therein that whosoever amongst us shall bee chosen Pope hee shall fulfill and keep all and singular the things contained in the said Chapters without all coven fraud and treachâ—ry and without using any exception that hee shall not countermandâ—ny of them directly or indirectly openly or privatly that after his election or before the publication of it hee
shall confirme all the things aforesaid and shall approve them in authentique forme and sâ—all make an absolute promise of them anew yea and that in manner of a contract c. There are yet some other clauses to restraine him further which need not be rehearsed they being all bound and tyed by this vow and solemne oath Iulius the second was chosen Pope being one of them that had sworne so religiously who to satisfie what was promised made his Papall oath in this wise The subscription vow and oath of Pope Iulius the seâ—â—nd concerning the things aforesaid 22 I Iulius the second Pope being chosen to the dignity of supreme Bishop doe promise swear and make a vow to fulfill and keepe all the things aforesaid and every of them wholly and entirely purely simply in good truth readily and effectually upon paine of perjury and anathema from which I will neither absolve my selfe nor procure my selfe to bee absolved by any other So helpe me God and the holy Gospels All this was done in the year 1503. Now Iulius so litle regarded those two oathes so solemnly sworne that he let not onely two years go but even six or seven over and above without ever taking any great thought of accomplishing his vow Whereupon the Emperour Maximilian King Lewes the twelfth with a number of Cardinals and divers other persons being scandalized especially because Iulius more strongly representing an Emperour than a Pope did imploy himselfe in wageing warre they resolved to take order for it and to that end those Cardinals upon request made unto them by those two Princes called the General Councel of Pisa in default of the Pope the year 1511. Which the Pope perceiving hee called his at Rome to quash the other as Onuphrius told us So that the one is called upon a lawfull causeâ— the other to a very bad end 23 This is not all The Councell of Pisa submitted so farre to Pope Iulius that when they saw he was determined to keepe a Councell they desired him to have it in some free citie and of safe accesse which if so then they offered to come unto it For you must take notice by the way that this was another Iulius Cesar which made his armour ring all Italy over and that even against the Gauls aswell as the former whose name hee bore Yea they came so far as to entreat him to make choice of any one of those ten free cities which they should nominate in divers Provinces or himselfe to nominate as many in Italy which were not vnder his temporall jurisdiction nor under the Venetians and they would agree of one of them To the end say they that it may be evident to every one that the holy Councel proceeds in all things with bounty humility and peace and that they doe not deny your due reverence they have thought good to send their Oratours unto you with expresse charge and speciall power that the cities here mentioned be presented to your Holynesse in the name of the Synod which are most of them Imperiall cities to wit in Italy Vercel Turin Casal of Montferrat and Verona Out of Italy Geneva Constance Besanzon Mentz Avignon and Lyons to chuse which of them you please after which choice the Councel will remove thither c. But if your Holynesse thinke it not fit to accept of any of these places for the greater evidence of the good meaning of the Synod and to make their reverence towards the Pope more plainely appeare it is left to his power to nominate as many Imperiall cities in Italy so they bee not within his temporall dominions nor the Venetian jurisdiction c. 24 The Oratours of the Synod having sent a messenger from Florence to Rome to get a safe conduct of the Pope they had no list to goe any further by reason of the ill entreating the injuries and beatings done to him whom they sent who was compelled for fear of prison or death to returne without doing any thing of which there was an Act and instrument drawne which is extant amongst those of the same Councell The Synod being advertised hereof did resolve to expect yet thirty dayes to see whether the Pope would alter his resolution whereof intimation might be made unto him by placards set up in places next adjoyning because free accesse thither could not be had All this is related in the very Acts. Wee may doe better to set downe the very words of them But forasmuch as the said Oratours as soone as they were arrived at Florence sent a faithfull and loyall messenger to the Court of Rome to procure a safe conduct from the Pope Which they not only did not obtaine but which is worse the messenger was so horribly threatned that hee was constrained to flie for feare of prison or death and to returne againe to the said Oratours as appears more at large by the instrument made thereupon the holy Synod granteth appointeth another terme of thirty dayes c. And forasmuch as it is notorious that there is no free accesse to the Pope the holy Synod ordaines that this decree of prefixing this terme bee published and intimated to his Holynesse by billes set up if it may be done in the neighbouring places and next adjoyning whereby probably it may come to the knowledge of the Pope or at least to the Cities of Milan or Florence 25 The Pope in stead of accepting what was fairely offered him on the contrary commanded all those of that Synod to depart from thence upon paine of loosing their offices and benefices say the same Acts. Yea he and his Councell went so farre as to excommunicate King Lewes the twelfth and the Cardinals that were at Pisa as saith Onuphrius putting the Realme of France in an interdict and stirring up the Kings of Spaine and England against our Prince the one whereof brought over his armies into France and the other into the Kingdome of Navarre as the same author hath it a great part whereof he conquered and yet holds by that only title It is further to bee observed in behalfe of our France that there were a great number of Bishops and other Prelats and Ecclesiasticall persons of this Kingdome present there at Pisa and besides the deputies of the Vniversities of Paris Tholouse and Poictiers as it is recorded in the same Acts. So that whatsoever was there done by Pope Iulius doth principally redound to the discredit of this Nation 26 But that it may more clearly appeare what manner of man this Iulius waâ— we will here set downe what the Legend of Flamens saith of him an ancient book and not to be excepted against in this case O Pope Iulius saith it who wast surely the abomination of all desolation as a moderne authour testifies durst thou falsifie thy faith desert St. Peters chaire and usurpe the title not only of Iulius Cesar for he never falsified his faith nor ever went against his loyalty as thou but
investitures of Bishops without Simony He saith also that Pope Iohn confirmed the investiture of the Bishoprique of Liege which King Charles had granted to an Abbat whose name was Richard 9 An infinite number of Historians and other ancient Authors besides doe testifie that the Emperours bestowed Bishopriques and Abbeyes and gave the investitures of them I shall content my selfe with putting down some of theâ—â— in the margent without relating what they say of it considering it is a thing sufficiently knowne 10 The Emperours enjoyed this right peaceably without any controversiâ— till the time of Gregory the seventh who though himselfe had received his confirmation from the hands of Henry the fourth as wee have said yet with the advice of a Synod he thundered out an excommunication against all Emâ—perours Kings Dukes Marquesses Earles and other secular powers or person who should adventure to conferre investitures of Bishopriques and other Ecâ—clesiasticall dignities and against such as should receive them at their handsâ— Which Decree serves now adaies for an inviolable law unto his successours being inrolled in their bookes And wee may truly say this was the flame thaâ— gave fire to those seditions warres and other bickerings betwixt the Pope and Emperours which have consumed all Christendome and which engenâ—dred nought since but disorder and confusion 11 I will not stay to relate the histories of all that hath passed concerning this subject because they are sufficiently knowne to every bodie save onely what passed betwixt Pope Paschall the second and the Emperour Henry the fift whom they hold to have renounced this right to the prejudice of his successours This Pope made an obligation to this Emperour about investitures in these termes Pope Paschal granteth unto the Emperour Henry and to his kingdome as his priviledge inviolable and in the person of the Bishop or Abbat elected freely without Simony the same will corroborate and confirme with consent of the said Emperour that it shall belong unto the said Emperour to invest them by giving of a ring and crosier staffe and that the Bishop or Abbat thus invested shall freely receive consecration from that Bishop to whom it shall belong to give it But if any be elected by the Clergy and people unlesse he be invested by the Emperour he shall not be consecrated by any man and the Archbishops and Bishops shall freely consecrate those that are invested by the Emperour Hee set out another Bull and constitution besides pretty large containing for substance the same with the former script which we read in histories entire 12 All this is now condemn'd as a nullitie and accused of force and violence being made by a prisoner and captive Pope Besides the repeale thereof is alledged which was made presently after by the Councels of Lateran and Vienna under the same Pope and almost at the same time That of Lateran calleth this priviledge granted unto Henry a praviledge playing upon the word condemnes it casseth and declares it a nullitie yea and excommunicates it We condemne it say they we judge it null and utterly cashiere it and for feare lest it should have any authoritie and eâ—fâ—cacy wee absolutely excommunicate it That of Vienna useth the like condemnation and goeth yet further declaring investitures to be hereticall Behold the words Following the authority of the Church of Rome wee judge investitures of Bishopriques Abbeyes and other Churches to be a heresie It pronounceth also the same Emperour accursed We excommunicate him saith it wee anathematize him and cast him out of the bosome of the holy mother Church 13 Such was the fury of the See of Rome against this poore Emperour that the Legats trotted over all parts of Christendome to cause the like excommunications to proceed against him as an ancient writing testifies which Mr. Francis Iuret hath inserted in his notes upon the Epistles of Ivo Bishop of Chartres The yeare one thousand one hundred and fourteene Cono Bishop of Pilastrine and Legat of the See Apostolique did anathematize the said King Henry at Beauvais at a Councell by him there holden and at the next Lent He condemned the same Henry in a Councell holden at Rhemes Conon condemned King Henry at Cullen in the Church of St. Gereon Conon condemned the same King in a fourth Councell holden by him at Chalons 14 See here is enough to put him in a fright but they must trouble England too about it For Anselme Bishop of Canterbury having received the decree of the Councell of Lateran did his endeavour to make it be observed by degrading certaine Abbats and Priours who had taken their investitures from lay hands 15 This poore Emperour abandoned almost by all the world and combated even by his owne subjects especially by the Clergie was constrained to renounce the right of his predecessors and to quit claime the investitures to the Pope by a goodly declaration which he made concerning it see here the words I Henry by the grace of God Emperour of Rome for the love of God of the holy Roman Church and of Pope Calixt and for the benefit of my soule doe restore unto God and to his blessed Apostles Peter and Paul and to the holy Catholique Church all kinde of investiture made by the ring and the staffe and permit that elections and free consecrations be made in all Churches The Pope on the other side made this declaration unto him Calixt servant of the servants of God to his welbeloved sonne Henry by the grace of God Emperour of the Romans I grant that the elections of the Bishops and Abbats of Germany which belong to the Empire be made in your presence without Symony and violence to the end that if any discord chance to arise betwixt the parties you may give your consent and assistance to the sounder side by the Counsell or judgement of the Metropolitan and Provincials And that hee who shall bee elected may receive from you the Royalties by the Scepter excepting all such as belong to the Church of Rome and that he doe unto you all which he is bound by right to doe And hee that shall be consecrated in other parts of the Empire shall be bound to receive the Royalties of you by the Scepter within six moneths Hee calls the fiefs and other rights which the Bishops hold of the Empire Royalties 16 The question is now whether this renunciation be valid and whether it could prejudice his successors No good lawyer will ever pronounce for it First in as much as the Councels aforesaid cancelled the obligation of Pope Paschal as made by impression and violence this renunciation of the Empire stands void by the same reason considering he was brought to that extremitie by the noise of those thunderbolts hurled by the See of Rome in all parts of the world and by the revolt of his subjects seduced by the abuse of these spirituall remedies and by the warre which was stirred up against him to preserve and
are forbidden to grant Bishopriques after Canonicall election For wee read that some Popes of good fame have become intercessours to Kings for those who had been elected unto Churches to get them to give them the Bishopriques and that others have deferred the consecration because they had not yet received the Princes consent I would have set downe the examples hereof were it not that I desire to avoid prolixitie in my letter So Pope Vrban as we understand excludes Kings only from the corporall investiture but not from the election for asmuch as they are heads of the people or of the grant although the eight Synod forbids them onely to assist at the election but not at the deliverie which whether it bee done by the hand or by seale or by word of mouth or by the rod what matters it Seeing Kings doe not pretend to conferre any thing that is spirituall in it but only to consent unto the will of those that require them or to grant unto them Ecclesiasticall possessions and other externall goods which Churches hold by the liberalitie of Kings As for the Sacrament of which he hath spoken now twice there was no question of that seeing that by former Councels the investiture was granted to Emperors and the consecration to Bishops 24 What can be alleadged more in defence of these later Councels If any man will say that the Emperour Henry was justly deprived of this right because he had violated the holy See and had put Pope Paschal in prison Wee will give two or three very pat answers to this objection One that hee did no more but repell the injury which was done unto himselfe For even in the Church and while he received the Eucharist from the Popes hands hee was like to have beene traiterously killed Heare what the German Chronicles say of it While the Emperour received the Sacrament from the Popes hands behold one of the principall of the Clergy who was offended with that purpose which the Emperour had put on that he would maintaine the constitutions of his Predecessors stirred up a sedition and tumult in the temple beat off the guard of the Emperours body and went about to seaze upon him who with much adoe saved himselfe repelling the force with his owne hands And speaking of the same Emperour hee afterwards addes Hee got him presently into the Citie killed a great multitude of citizens and Clergy-men tooke the Pope prisoner Elsewhere the Pope and Emperour were very good friends by meanes of the agreement made betwixt them of which wee have spoken already yea in such sort that the Pope sealed it by delivering the body of Christ unto the Emperour By giving unto him saith Sigebert the body and bloud of our Lord Iesus Christ in the celebration of the masse Wee give you this body said hee O Emperour in confirmation of the true peace betwixt me you And for a third answer his personal and particular fault could not prejudice the Empire and his Successours But we have said enough of this point It only remaines that some that can well manage it enter upon this inheritance There will want no right if hee want no forces CHAP. X. Of elections nominations and Investitures belonging to other Kings and Princes 1 WE come now to other Princedomes reserving France to bee spoken of in the last place The twelfth Councel of Toledo grants election of Bishops to the King of Spaine which our Popes have registred in their books It was decreed by all the Bishops of Spaine and Gallicia that without any prejudice to the priviledges of every particular Province it shall be lawful hereafter for the Bishop of Toledo to receive and consecrate all such Bishops as the Royall power shall elect and that every such Bishop shall bee approved by his judgement Which as Lancelot Conrad witnesseth is observed and kept even at this day 2 As for the Kings of England though they have often quarrelled with the Popes and the Clergy of the Kingdome about this point yet so it is that from age to age we alwaies finde them possessed of this right For to goe no higher about the yeare one thousand King Etheldred created one Robert Aâ—chbiâ—shop of London and one Edmund Bishop of Luiddifarne otherwise called Holyland at the entreaty of the Monks of that Bishoprique King Edward made one Robert first Bishop of London c. and afterwards Archbishop of Canterbury whose successour he made one William He gave also the Bishoprique of Shyrburne to one Herman In the year one thousand one hundundred seventie King William the first of that name bestowed the Archbishoprique of Yorke upon a Canon called Thomas In the yeare one thousand seventie eight hee bestowed three Bishopriques upon three of his Chaplaines and many others upon divers Ecclesiastiques 3 In the year one thousand ninety two King William the second bestowed the Bishoprique of Lincolne upon Robert Blunt his Chancelour he bestowed also that of Worcester upon a Canon called Sampson One of the two bestowed also the Bishoprique of Silchester upon Lanfranke 4 The yeare one thousand one hundred and one King Henrie the first bestowed the Bishoprique of Hereford upon Kemelin and gave him the investiture of it The same King gave the bishoprique of Winchester to a Canon called Thuilphus and afterwards to the Chaplaine of Queene Adalida 5 The yeare one thousand one hundred and two Anselme Archbishop of Canterburie would have made the Councell of Lateran to bee received in England holden against Henrie the fifth about the point of Investitures And in obedience thereto he made a difficultie of consecrating certaine Bishops who had beene invested by Henrie the first who was much incensed against him upon that occasion And forasmuch saith Matthew Westminster as hee would not consecrate certaine Bishops who had been instituted by the King obeying his pleasure nor so much as communicate with them the King was thereupon moved with choler against him 6 The yeare one thousand one hundred and seven there was a Councell holden at London where it was ordained That from thence forward no man should be invested in England by the King or any other Lay man into any Bishoprique or Abbey by the donation of the Pastorall staffe or ring alwayes reserving the homage due to the King But Henrie the first did not forbeare to use his right for all that which this Councell could not take from him And indeed in the yeare one thousand one hundred and nine he erected the Abbey of Ely into an Episcopall See and caused one Herveus to be ordained over it and having assembled divers Bishops at London in the same yeare hee made them consecrate one Thomas who had beene chosen Bishop of Yorke In the yeare one thousand one hundred and thirteen The same King Henry bestowed the Archbishoprique of Canterburie upon Richard Bishop of London and invested him in it by giving him the crosier
whereat the said Archbishop was highly offended in so much that he with other Bishops at the Synod of Estampes were upon the point of revoking the said consecration made by the Pope as prejudiciall to the authoritie Royal. See here what the same Bishop saith of it in a letter to Pope Vrban Moreover I give your Holinesse to wit that the Archbishop of Sens being infatuated by the counsell of the Bishop of Paris having summoned the said Bishop of Paris and two others of the same humor to wit he of Meaux and he of Troyes did very indiscreetly accuse me this present year because of the consecration which I had received from you saying that I had offended against the Kings Majesty by attempting to receive my consecration from the See Apostolique We have heard before what this same Bishop said of Investitures speaking of the King of France 26 We may now conclude that elections nominations and approbations in point of benefices have alwaies belonged unto our Kings and have beene at their free disposall By their last ordinances they have beene pleas'd as well to disburthen themselves of that charge as also to prevent the enterprises of the Popes to decree that elective dignities should bee conferr'd by elections and benefices which were not elective by the collations and presentations of the Collators and Patrons And this according to the Councell of Basilâ— which hath tied the Popes hands in this respect and the Pragmatique Sanctions of St. Lewes and Charles the seventh Yet this was still with two conditions one that the Kings Congé d'elire should bee requir'd by way of preamble at least in respect of Bishopriques and Abbeyes otherwise the election should be accounted a nullitie Which is verified by the letters of our Kings as farre as King Lewes the eleventh containing the said licence which may yet be found in the treasurie of Chartres in a great box quoted xxv Which right was declared to belong to King Philip the Faire when the question was about Saint Maglairs Abbey as some report 27 The other that the said Prelates before they could be called such should be bound to take the oath of allegiance according to the ancient custome as it was determin'd by the Arrests of the Parliament of Paris against the Archbishop of Anx and the Bishop of Mantes Which was observed in the time of Philip the first according to the testimonie of the Bishop of Chartres who in his epistles addressed to Pope Paschal speaking of the Archbishop of Rhemes who had beene depriv'd of his dignitie and for whose reestablishment the said Bishop had interceded to the Kings Councell The Princes Court saith he inclining to the contrary we could not obtaine an entire peace unlesse the said Metropolitan would make unto the King such an oath of allegiance as other Archbishops of Rhemes together with all the rest of the Bishops of this Realme of France how holy and religious soever they were made to the Kings his predecessors Divers authors beare witnesse of this oath of allegiance made by Bishops to their kings and princes both in England and France and other places some of them set downe the very forme 28 Since this time our kings have beene compell'd to divide their rights with the Popes to give them content and be at peace with them by taking away elections and reserving unto themselves in stead thereof the nominations and allowing unto Popes the confirmations By the ordinance of Orleans King Charles would have taken the Clergie and people in to his share by decreeing that when Bishopriques fell void the Archbishop and Bishops of the Province and the Canons of the Cathedral Church should meet togther with twelve gentlemen chosen by the Nobilitie of the Dioces twelve Bâ—rgesses chosen in the Guildhal of the Archiepiscopal or Episcopal Citie to make he a nomination of three persons of which the King should chuse one whom he pleased to name Which notwithstanding we never yet saw observed 29 Wee will say for conclusion that it is no small advantage to the Pope to have the confirmation of the Bishops of France which was granted him by the Concordat but it will bee farre greater yet if he keepe that authoritie which is given him by this Councel For by it hee will quickly bring all these Concordats to nothing and wil resume the extravagancies of his predecessors who had got all the elections and collations of the Bishopriques and benefices of this Kingdome into their Churches to the utter ruine and destruction of it draining the Realme of moneyes and filling it with strangers and bringing it to an extreame miserie as we say else where 30 We shall only here observe the particular interest of Kings and Princes for as much as concernes their power and authoritie whereof they ought to be very jealous if they marke it There is nothing which fortifies it so much as that right which they have to chuse and elect Churchmen nor which weakneth it so much as when the Pope hath an hand in it either in whole or in part Ivo Pishop of Chartres although hee had received his Investiture from Philip the first yet in asmuch as he had got his confirmation from Pope Vrban he was alwaies affectionate to him and the See Apostolique even to the prejudice of the King and Kingdome to whom he did sometimes very ill offices as wee collect from some of his epistles On the contrarie because Lupus had got the Abbey of Saint Peter de Ferriers in the Dioces of Sens by the donation of Charles the Bald he was alwaies loyall and he even brags of it in one of his Epistles 31 An English Historian though hee bee a Monke yet hee knew well how to set out this interest of Princes For speaking of the consecration of certaine Bishops of England made by Innocent the fourth when he was at Lions hee saith They were consecrated by the Pope not without great damage and danger to the Realme of England For the Pope having so ingaged the Bishops unto him they found themselves more obliged unto him and despising the King they were more inclined to doe mischiefe to the Kingdome 32 The Bishop of Chartres continuing his devotion to Pope Vrban gave him notice of this point upon the election of an Archbishop of Rhemes who he assured the Pope was very zealous for the See Apostolique adding afterwards Now how necessarie it is for the Church of Rome to place in that See a minister which is devout and affectionate unto her it is not for me to informe your wisedome which knowes very well that this See weares the Royall Diademe and serves for a patterne almost to all other Churches of France either of ruine or Resurrection 33 Not without cause did Pope Nicholas the first stomach at Lotharius because he would not suffer any Bishop to bee chosen in his Kingdome unlesse hee were faithfull and well inclined to
him King William the first of England in the beginning of his reigne which was about the yeare 1070 knowing this very well deposed some part of the Bishops and Abbats from their dignities and Prelacies and put others in their places whose fidelitie was known unto him 34 Another Monke and English Historian saith the Popes upon this occasion invented another way to oblige such Prelats unto them as held their dignities from Kings and Princes Which was by making them renounce them and resigne them into their hands as faultie and nullities and taking them with one hand they gave them againe with the other Ivo toucheth upon this tricke in his epistles For amongst other reasons to prove that investiture is no heresie hee puts this If Investiture were an heresie hee that renounceth it could not be restor'd without blemish to himselfe Now wee see many honest men both in Germany and Franceâ— give up their Pastorall staffes to wash away that staine by some shew of satisfaction and resume those Investitures which they had renounced from the Apostolique hand So did Thomas the Archbishop of Canterburie who put Henry the second King of England to so much trouble For being at the Councel of Tours Hee secretlie resigned that Archbishoprique into the Popes hands which he had received from the Kings hand and it was afterwards restor'd him againe at the same instant from the Popes hand It was Alexander the third who held this Councell at Tours in the year 1163. A REVIEW OF THE COVNCELL OF TRENT BOOKE VI. CHAP. I. Of things attributed to the Pope by this Councell in matter of justice And first of criminall causes of Bishops 1 WEE will treat in this Booke of Iustice and Iurisdiction and wil make it clearly appear that this Councel hath as far as it was able robb'd Kings Princes and other Clergie men of them to bestow them upon the Pope It is a most true Maxime that all Iurisdictions do spring from secular Princes that the source and fountaine of them is hereditarie to them whence the rivulets are derived upon their officers and upon Ecclesiasticall persons and others whom they thinke good Clergie men from the greatest to the least have no coactive jurisdictions but such as spring from thence Kings and Emperours have parted with it and have honoured them with it but in such sort as some of them both did and doe abuse it daily They are come so farre as to contest with their officers to attempt against them to make laws for extending the traine of their robes further yea even to subdue unto themselves those from whom they received that power and by a most unsufferable ingratitude to declare and pretend them subject to their jurisdiction All this is proved by us elsewhere Wee will onely say here that this Councell â—â—â—h gone about as it were to lay at the Popes feet all the spoiles and conquests which all other Bishops have got from those victories obtained by them â—t divers times over the temporall Iurisdiction and over those to whom it belongs and to paire also that which is left unto them making it almonst unserviceable and invalid at least for as much as concernes the Pope and his Clergie whom it totally exempts from their Iurisdiction 2 We shall make it appeare plainly that this Councell hath dealt very liberally with the Pope in this respect and that it hath strain'd it selfe to confirme his usurpations yea even to augment them without sparing any thing First of all it attributes to the Pope the cognizance and judgement of all criminall causes of Bishops except pettie ones That the Pope onely have the cognizance and decision of all criminall causes which are more hainoâ—s objected against Bishops and even of heresie which God forbid But if the cause be such as it must necessarily be tried out of the Court of Rome let it not bee committed to any persons excepting such Metropolitans or Bishops as the Pope shall chuse That this commission be in speciall and sealed with the Popes hand and that hee never give them any greater power but onely to receive the bare instruction for matter of fact and to make the processe which they shall forthwith send to the Pope the definitive sentence being alwayes reserv'd unto the Pope 3 In another decree it is ordained That the causes of Bishops when by reason of the quality of the crime which is objected unto them they ought to make appearance be brought before our holy Father the Pope and be determined by him It is also decreed against Bishops that keepe concubines That if they doe not abstaine from that crime after they have beene admonished by the Provinciall Councell they shall bee complained of to the Pope by the same Councell who shall punish them according to the quality of their offence even by deprivation if need require So that a Provinciall Councell hath no power to condemne a Bishop for criminall matters save onely for Peccadillo's such as we may say for playing at ball for getting up late in a morning and such like things 4 Now wee say on the contrarie that the cognizance of such crimes belongs to Emperors and Kings That they themselves ofttimes have proceeded to judgement That they have assembled Councels for that end and have assisted and presided there That sometimes they have committed the same judgement to the said Councels or their Iudges That Popes themselves have become petitioners unto them yea plaintives before them and which is more have themselves beene judged by them 5 The Bishops of the Nicenâ— Councel acknowledge Constantine for their Iudge when they presented their Libels unto him wherein they accused one another hee blush'd at that in their behalfe and would have covered their shame by suppressing such Investitures using this honest shiâ—t to them that they could not be judged by any man In which the Pope alone tooke him at his word although hee were absent and hath made good use of it afterwards Now that Constantine said this by way of complement and to suppresse those dishonorable quarrels appears from hence that upon other occasions hee either tooke the judgement upon himselfe in the causes of Bishops or committed it to his Officers Hee made the Bishops of the Synod of Tyre to come unto him to render a reason of their â—act in the condemnation of Athanasius And after hee had heard them confirmed their sentence being moved so to doe by the testimony of false witnesses which were subborn'd and sent Athanasius unto banishments into Tryer a citie in Gallia Belgica 6 The same Emperour after hee had twice ordain'd Ecclesiasticall judges to determine the cause of Cecilianus an Orthodox Bishop at last he himselfe tooke it into his cognizance and gave the finall sentence So say the Clergy of Hippo in Africa in that epistle which St. Augustine made upon the same occasion and sent to Ianuarius Being so stricken in age as you
by our Kings unto the Clergy-men the Ordinances made in that behalfe are directed to the Courts of Parliament the baliffes and stewards who are prohibited by virtue thereof to compell them to make the said reparations as appeares by the Ordinances of Charles the ninth dated the 10 of September 1568. The eighteenth of September 1571. The third of November 1572. It hath beene also judged by divers Arrests of the Parliaments of this land which are to be seene in the great collection of them that the question touching the reparations of benefices belongs to the Lay Iudge and not to the Ecclesiasticall 20 As for the sequestration of the fruits which the Councell gives unto Bishops it belongs no more unto them than the other considering that they cannot put it in execution nor have any right of seisure in the goods moveable or immoveable And herein that Decree of Philip the third dated 1274 is worth our observation who prohibites a Bishop the granting the seisure of the moveable goods of a certaine Clerke condemn'd in a personall action considering that those goods were not within his episcopall Iurisdiction 21 But there is nothing more exorbitant than the jurisdiction which is by this Councell given unto Bishops over the Notaries Royall It is a certaine rule that Ecclesiasticall persons have no jurisdiction within this Realme over Lay men save in one case to wit when the question is concerning the sacraments and spirituall things This is so farre true that an Ecclesiasticall Iudge cannot so much as deale in a fault committed by his Lay gaolor for suffering a prisoner to make an escape or in any other offence committed in the gaole as it was judged by an Arrest given in the Great dayes of Poictires the 18 of September 1531 nor in any faults committed by the Proctour of his office if hee bee a Lay man although he have trespassed in the exercise thereof according to an Arrest of Paris of the 11 of April 1532. Now the Royall Notaries are so farre from being nay it is so impossible that they should be under the Ecclesiasticall jurisdiction that on the contrarie the Iudges Royall have authoritie over the Apostolicall Notaries This appears by an Edict of King Henrie the second made at Fountainbleau in September 1547 about the calling in of the Apostolicall Notaries wherein it is said That by the bailiffes stewards and Presidiall Iudges every one in his owne power and jurisdiction a sufficient number of the said Notaries shall bee adjudg'd and limited Which calling being so made by them and every of them his will is That they make choise of the most able and sufficient within their jurisdiction to the number by them determined And for the Notaries Royall it were a superfluous thing to alledge the Decrees which give the Kings Iudges authoritie to punish them in case of any offence or crime by them committed 22 The jurisdiction which is given unto Bishops over such married people as have only the single tonsure is not lesse extraordinarie A married shaveling hath as good as no priviledge at all in France but is reckoned in the ranke of Lay men because of the great abuses which have beene heretofore committed in this Kingdome For to inlarge the Ecclesiasticall jurisdiction the time was when Prelates bestowed that tonsure upon all sorts of people even upon some young infants some servants some bastards and some ignorant and illiterate married men yea and which is more if the Kings Officers prosecuted any offender if he but said hee was shav'd though indeed hee were not the Ecclesiasticall Iudge would straightwaies hooke unto himself the cognizance of the cause by censures and excommunications Which was a meanes of offenders escaping with impunitie because that they might get off by their purse from the Ecclesiasticall Iudges upon which occasion all malefactours inclined rather to this jurisdiction as it is prov'd at large in the Articles which were presented to King Philip by Mr. Peter de Cugneres against the Clergy of France 23 A certaine Queen of England complain'd to Pope Hâ—norius the third of that name that many married men made use of the tonsure to cheat her of the right which belonged unto her as it is recorded in the Decretals By an Ordinance of King Charles the ninth in the yeare 1563 it was decreed that none should bee admitted to sue by virtue of the priviledge of his Clergy to bee sent backe to the Ecclesiasticall Iudge in any case whatsoever whether civill or criminall unlesse hee were a subdeacon at the least which is as much as to exclude all simple shavelings whether they be married or no who notwithstanding shall bee admitted by the Councell of Trent yea in such sort that priviledged cases are not excepted in criminall matters nor personall actions depending upon the realitie and other such like civill matters howbeit that such exceptions have ever beene in force within this Kingdome and that even in all sorts of Ecclesiasticall persons 24 And see here another great prejudice done unto us by this Councell which we must either take a course to remedie or else all the regall jurisdiction on of our Ecclesiasticall persons will come to nothing and wee must talke no more of those distinctions which were wont to bee used in the pallace time out of minde in this regard For if priviledged cases and civill actions which belong to the jurisdiction Royall bee not excepted in the person of married Clerks then much more must wee admit of this new law in behalfe of other Clergy men whose priviledge is farre greater 25 As for Civill actions the Councell confirmes the Decree of Boniface the eighth whereby Secular Iudges cannot condemne married Clerks neither in personall causes nor pecuniary Which words are of a very large extent so great that we may comprehend under them not only actions which are purely personall but such also as depend upon reality all actions of contract reall and possessory For the word Pecuniariter being divided from Personaliter and placed before it in the said Decree will alwayes be understood generally and will â—omprehend within its latitude by meanes of that interpretation they will put upon it whatsoever concernes our patrimonie and all the actions which we can have either for the recoverie or preservation thereof Which they will confirme even by the auâ—horitie of our owne law 26 As for adulteries the usurpation is very notorious it is directly against the Civill lawes whereby the punishing of this crime belongs to the Magistrates not only by those of the Pagans but even by those also of the Christian Emperours The Ecclesiasticall Iudges in France never had the cognizance of such crimes over Lay men but this jurisdiction was left in the possession of the Secular Iudges Yea which is more we read two Arrests of Bourdeaux one against a Bishop another against an Abbat wherby they were condemn'd unto certaine punishments for the crime of
famous Councell lawfully called Hee excommunicated Fredericke the first very unjustly and carried himselfe so insolently towards him that he made him walke bare foot in his chamber and putting his foot upon his neck spoke these words Super Aspidem Basiliscum c. Thou shalt goe upon the Lion and the Adder To absolve King Henry the second of England from that ill usage which hee had showne to Thomas Archbishop of Canterbury he ordained that Appeales should bee allowed to issue out of his kingdome to Rome Gregory the ninth the compiler of the Decretals tooke upon him to excommunicate Fredericke the second very unjustly promised life eternall to such as would make warre upon him at last sold him his peace and pardon for an inestimable summe of gold As for Boniface the eight the aâ—thor of the sixt booke of the Decretals who excommunicated Philip the Faire and called himselfe Lord of all the world who wore both the swords and reigned with incredible insolence he is so well knowne that he needs not my commendations Clement the fift the authour of those Decretals that beare his name declares that the Emperour takes an oath of allegiance to the Pope that he is not Emperour till after hee have received his consecration and the Crowne from his hand This Pope caused his Clementines to be published at Montelimar where he then was and had resolved to intitle them the seventh booke of Decretals but he dying in the interim at Rochemaure they hung in suspense till such time as Iohn the twentie second his successour sent them over the Vniversities This is that Iohn that excommunicated Ludovicus Bavarus because he had taken upon him the name and title of Emperour before he was crowned by him who being sued unto for peace and amitie by that Emperour would not hearken to it till he should first devest himselfe of the Empire and come to him in the qualitie of a private man whose sentence was pronounced a nullitie by the States of Germany I doe not speake of the warreâ— which were raised by their ambition to the great destruction and calamitie of Christians nor of many other vices that abounded in them It sufficeth me to touch upon some few of the most eminent of them See here our goodly law-givers Let us from henceforth in stead of Oracles receive those fumes and vanities which they present us with in their bookes CHAP. VII Of the censure of Bookes 1 HAving approved and confirm'd the Popes Decrees and Decretals it was necessary they should condemne those many bookes that are in the world which teach a quite contrary doctrine For they are as so many witnesses of the so many errours and falsities as are in them and of the folly of those which approved them Our Fathers of Trent thought they could not by this charge upon any that would better quit himselfe of it than his Holinesse himselfe considering it so nearly concernes his copihold This is the reason they decree in this manner The holy Councell in the second Session holden under our holy Father Pius the fourth made a committee to certaine select Fathers that they should consider what was requisite to be done concerning divers censures and suspected or pernicious books and that they should make report thereof to the holy Councell hearing now that they have finished thâ—s worke and seeing that by reason of the multitude and variety of bookes it cannot bee distinctly examined by the holy Synod it therefore commands that whatsoever hath beene done by them in this particular bee presented to the most holy Pope of Rome to be concluded and set out by his judgement and authority 2 This Canon must be rightly understood with all its ampliations whereof the first is That power is not onely given to the Pope to determine and publish what had beene alreadie done but also to doe the like for ever after with all bookes wherein should bee found any thing that may be offensive to him The words of the Decree seeme repugnant to this in some kinde when they speake of that which hath beene done alreadie but our Doctors say that Beneficia non sunt restringenda Next it belongs to the Popes to put expositions upon the Canons and Decrees of this Councell for that power is given unto them in expresse termes at the end of the last Session Now the Popes have understood it so and those which came after have not omitted to doe their endeavour in this kinde so that a man would wrong them to accuse them of negligence The last impression of their Index expurgatorius set forth at Paris by Laurence Sonnius the yeare 1599 will alwaies serve them for a just defence which carries this inscription The Index of bookes prohibited with the rules made by the Fathers select by the Councell of Trent first published by the authority of Pius the fourth afterwards augmented by Sixtus the fift and now lastly revised and set forth by the command of our holy Father Clement the eight Revised that no scruple bee left signifies as much as augmented afterwards Which is necessary for those many wicked bookes must be excommunicated which say worse than hang 'em to our later Popes the Authors of our warres and almost to all the rest yea which is more grievous to the Popedome it selfe which they have laboured to overthrow Wherein Catholiques have beene as busie as any others if not more to the great scandall of the Church The second ampliation is That power is given unto him to condemne all those bookes as hereticall which were made in defence of the lawes power and authoritie of Emperours Kings and Princes and that so farre forth as they cannot be spoken of but as vassals and feudetaries to Rome and to bestow any other title qualitie or prerogative upon them is to speake blasphemie against the holy Sec. 3 For this reason it was necessarie to condemne the Epistles of the Emperour Fredericke the second for heresie which were collected into one volume by Peter de Vineiâ— his Chancelour which containe a defence to the Imperiall Lawes against the Popes usurpations The workes of William Occam a Franciscan and Marsilius of Padua a Devine who defend the same rights in behalfe of the Emperour Lewes the fourth The booke of Antonius de Rosellis of the power and authoritie of the Pope made upon the same occasion in behalf of the Emperour Fredericke the third and in defence of his rights being dedicated unto him for that purpose The treatise of Zabarell Cardinall of Florence intituled Of schismes which should bee taken away by the Emperours authority made a little after the first Councell of Pisa where he speakes of the Imperiall power in the Church somewhat too freely to the prejudice of our Popes The Monarchie of Dante 's where he treats that the Emperour depends not upon the Pope but holds his Empire from God The Vâ—rgers dreame and another booke intitled A dispute betwixt
Great did freely confesse that God had granted the Emperour the rule not onely over the men of warre but also over Clergy men And Bernard who lived a long time after them in his Epistle written to Henry Archbishop of Sens makes this inference Every soule and yours too Who hath excepted you out of this generality If any man goe about to except you he goes about to deceive you Beleeve not such counsels c. 6 See here a great manie testimonies all together which might happily have made a greater show if every mans had beene brought in by it selfe But my purpose being to applie all this to the present maladie I thought it more convenient to make all these witnesses be produced by a partie not suspected and one who very well understood them Conclude wee from all these authorities that the coactive jurisdiction and temporall power does not belong to Ecclesiastiques but rather that it is a right Imperiall and Royall But wee must expound this last point a little more plainly Princes alone having this power and Secular jurisdiction and all that depends upon it sometimes they have used it themselves sometimes they have granted the exercise thereof to their Officers and Magistrates or even unto their Clergy men yet without utterly devesting themselves of it without making a pure cession from it and absolute transport they alwaies reserved unto themselves the Soveraigntie as Masters and Lords of it the power of transferring the exercise of that jurisdiction from one to another either in part or in whole to deprive whom they thought good without doing them any wrong to augment it in the person of their Officers and abate it in their Ecclesiastiques just as they have conferred part of it upon the latter to the prejudice of the former 7 Wee have elsewhere treated of the judgements passed by Emperours and Princes and also of the criminall causes of Ecclesiasticall persons Here wee will speake only of the cognizance of civill causes The Clergy were anciently under the jurisdiction of Secular Iudges in which there were afterwards many alterations The Emperours Valentinian and Valens in a certaine constitution directed to one of their Magistrates ordaine that Clerks bee assessed to great dammages for their frivolous appeals Valens Gratian and Valentinian give the jurisdiction of the civil causes of Clerks and their offences civilly prosecuted to the Synods of the Diocese reserving criminall causes to their Magistrates Theodosius and Valentinian reserve Clerks to the audience of their Bishops Valentinian the second Theodosius the younger and Arcadius declare that this is for Ecclesiasticall causes Martian will have the Bishops to be judges over the Clerks in their Dioceses and of their civill causes if the plaintiff have recourse unto them so that it was left to the libertie of him that entred the suit whether he would make them Iudges or have recourse unto the Magistrate as is specified in another law of the same Emperour Leo and Anthemius give this jurisdiction over Clerkes and Monkes to the Presidents of the Provinces within their circuit and to the Praefectus Praetorio at Constantinople And in another law they ordaine that the Bishops Clerks Monks and all other Churchmen of what qualitie soever shall answer before the Presidents of the Provinces and come before them when they shall be summon'd and accused Iustinian in his seventie ninth novell Constitution submits Monks to the jurisdiction of Bishops In the 83 constitution hee decrees the like for Clerks as well for matters civill as for Ecclesiastical crimes reserving others to his officers And furthermore in caâ—e the Bishops cannot or will not take the cognizance of them he referres them to his Magistrates In the 123 constitution hee prohibits the conventing of Bishops before his Magistrates in cases civill or criminall without his Imperiall command In other places the Emperours proceeding â—urther have given jurisdiction to Bishops not only over Clerks but also over Lay men Constantine the Great was the first whose law our Popes ascribe to Theodosius having made a very favourable constitution in behalf of Bishops whereby hee gives them the cognizance of all civill causes betwixt Lay men upon the bare demand of one of the parties albeit the other did not consent unto it In such sort as the Magistrates are bound to desist from the cognizance of it as soone as one of the parties shall require to bee dismissed and sent thither whether it bee at the beginning or middle or end of the suit 8 Arcadius and Honorius derogating from this law will have it to be by the joynt consent of both parties and that by way of arbitrement The same Emperours together with Theodosius doe ordaine that there shall bee no appeal from this Episcopall judgement and that their sentence shall bee put in execution by the Sergeants and Officers of the Iudges This is the law which Iustinian would have to bee observed I say those two last constitutions for as for that of Constantine he did not insert it in his books but the other latter Which Gratian hath confessed in his Decree And whereas in the Code of Theodosius the inscription of the title runnes thus De Episcopali judicio Iustinian in stead of it hath put De Episcopali audientia to shew that it is not properly any jurisdiction which is bestowed upon them but on the contrary a friendly and arbitrary composition to abridge the processe 9 After this time the Emperour Charles the Great in his Capitularie renewed the law of Constantine and gave the same jurisdiction therein contained unto all Bishops repeating the same law word for word Which the Popes have not forgot in their Decree where they have inserted the Constitution of Constantine under the name of Theodosius and that of Charles the Great just as Iustinian did in his Books the responses and commentaries of Lawyers to give them the strength of a law For as for them they thinke they are not subject to those of Christian Princes But they have gone further yet for by a most disrespectfull ingratitude they have gone about to serve themselves of these lawes against those very Kings and Emperours which made them to take upon them the jurisdiction over them themselves 10 Innocent the third served himselfe hereof against Philip Augustus King of France hee would needs make himselfe judge betwixt this Prince and King Iohn of England by virtue of these constitutions whereof hee makes expresse mention It is all one as if he had urged them against Charles the Great considering that hee made this law both as Emperour and King of France for hee submits tâ—â— French-men to it in expresse termes These lawes whether of Constantine or of Charles the Great should not now bee urged neither against the Emperours nor the Kings of France who did not make any law to tye them not against other Kings who doe not admit the law of the Empire
Lewes the eleventh touching the defence of the Pragmatique Sanction hath inserted this Article Item it belongs to our Soveraigne Lord the King who is the principall founder guardian protectour and defendour of the liberties of this Church when she suffers in her liberties to assemble and call together the Prelates and other Clergie-men as well within this Realme as of Dauphiny and in the same assembly and congregation of the Gallicane Church so called together there to preside and provide a remedy against such attempts as may be prejudiciall to the said liberties as it shall be said hereafter 5 The three Estates assembled at Tours the yeare 1483 in their Remonstrance presented to the same King Lewes th' eleventh say thus That the king by reason of his crowne as well of common right as by the consultation and request of all the Church of France and Dauphinie is as the former Kings his predecessours were the protectour and defendour of the holy Decrees liberties and franchises of the Church of his Kingdome and Dauphinie 9 According hereunto every time and as often as there have been any troubles or disorders in the Church or when any question was about proceeding to some greater reformation the Emperours and Kings have put their hands unto it and have applyed the remedie either upon their owne meere motion or at the request of others Which is verified by the example of Kings Hezekias Who in the first year of his reigne in the first moneth opened the doores of the house of the Lord and repaired them and hee brought in the Priests and the Levites and commanded them to sanctifie the house of the Lord and carry forth the filthinesse out of the holy place and the Levites rose and they gathered their brethren and came according to the commandment of the King by the words of the Lord to cleanse the house of the Lord. The same Hezekiah cast out idolatry which by little and little had crept into the Temple of God He removed the high placesâ— and brake the images and cut downe the groves and breake in pieces the brason Serpent that Moses had made for untill those dayes the children of Israel did burne incense to it The book of the Law being found after it had beene a long time lost King Iosias commanded Hilkiah the High Priest and some others to goe to Huldah the Prophetesse to enquire concerning this booke Having heard their report after their returne he went up into the house of the Lord and all the men of Iudah and all the inhabitants of Ierusalem with him and the Priests and the Prophets and all the people both small and great and hee read in their eares all the words of the book of the Covenant which was found in the house of the Lord. And he made a covenant before the Lord to walke after the Lord and to keepe his commandements and his testimonies and his statutes with all their heart And he commanded Hilkiah the high Priest and the Priests of the second order and the keepers of the doore to bring forth out of the Temple of the Lord all the vessels that were made for Baal And he put downe the idolatrous Priests whom the Kings of Iudah had ordained to burne incense and destroyed their altars And did other such like things concerning the order and discipline of the Church 7 Let us prove this further by the example and â—estimonies of Popes The fourth Councell saith Zonaras was called by reason of thâ— instance which was made by Leo Pope of Rome and Anatolius Patriarâ—h of new Rome to the Emperour Martian that the opinions of Diosâ—oruâ—â—â—tâ—iaâ—ch â—â—tâ—iaâ—ch of Alexandria and Euâ—ychâ—s might not remaine unexamined and that the crime committed against St. Flavian might not bee slurred over under hand Pope Boniface the first intreats the Emperour Honorius in his letters to take order that they doe not proceed to the Creation of the Pope by corruption which gave him occasion to make a Decree thereupon Wee have related the passages of it in another place 8 Pope Gregory the first writ to Aldebert King of England in these termes Most glorious Sonne bee diligent to preserve that grace you have received from God make haste to extend the Christian faith over all people which are subject to you multiplie the zeal of your uprightâ—esse by their conversion take away the service of Idols pull down the eâ—ifices of their temples exhorting thereunto the minds of your subjects in great uprightnesse and purity of life edifie them by frighting by flatteringâ— by correcting them that so you may be rewarded in heaven by him whose name and knowledge you shall have to dilated upon earth The same St. Gregorie writ to Childebert King of France in this manner For as much as wee have beene informed of certaine things which doe highly offend Almighty God and doe greatly disgrace the honour and reverence of the Priesthood wee intreat you to take order that such things may be mended by the censure of your power And to King Theodebert thus This would be absolutely profitable for your Kingdome if that which is committed against God within your Dominions were corrected by such reformation as your excellence shall applie unto it 9 The Acts of a Synod holden at Rome in the year 876 about the Coronation of Charles the second son to Lewes the Gentle containes a certain proposition made by Pope Iohn the eight where amongst othâ—r things speaking of Charles the Great he saith of him That having raised all the Churches to a mighty greatnesse hee had alwaies this wish and desire of reforming aâ—d restoring the holy Roman Church to her first order and estate Hee addes presently after That hee learned the state of Religion out of holy writâ— which he found to be unhusbanded and overgrowne with the thornes of divers errours and abuses That he trim'd it up with knowledge both divine and humane purg'd it from errours and furnisht it with sure and certaine doctrines 10 Iohn of Paris a Fryer Predicant who lived about the year 1280 saith That it is lawfull for a Prince to repell the abuses of the spirituall sword in such sort as hee may proceed by the Materiall sword especially when the abuse of the spirituall sword turnes to the prejudice of the common-wealth the care whereof belongs unto the Kings otherwise hee should beare the sword in vaine 11 Claudius Espenseus a Doctour of the Sorbon in an epistle of his printed 1547 where he treats of the institution of a Prince teacheth that it belongs to a Prince to take upon him the reformation of the Church then especiallie when shee is full of so great abuses errours and heresies And upon the Epistle to Titus I will here adde one thing saith he for feare lest any bodie should thinke that it concernes Princes onely that prophane things succeed well and not sacred too as if they were only keepers of
the second table of the Decalogue which concernes our neighbour and not of the first also which concernes God and the Church Secular Princes have got the higher degree of power in the Church therby to fortifie Ecclesiasticall discipline that they may command with terrour what the Clergy cannot doe by their bare word and the heavenly Kingdome may bee advanced by the earthly According hereunto wee may affirme that the great schismes and divisions which have dismembred all the Church in these later daies have beene appeased and accorded especially by the authoritie of Kings and Princes 12 The Emperour Henry the third seeing the abuse which was at Rome by meanes of the creation of three Popes to wit Bennet the ninth Sylvester the third and Gregorie the sixth yea of a fourth too namely Gratian who had drawne over the rest by briberie presently made thitherwards and called a Councell and made them bee dismissed and another substituted in their stead by lawfull election Frederick the first to remove the schisme betwixt the two Popes Victor and Alexander the third By the counsell and advice of his Princes saith Radenicus resolved with himself to take care that neither the state of the Church nor the Common-wealth of the Empire should receive any damage thereby And hearing that both of them had beene elected consecrated Bishops and that the one had excommunicated the other he thought that this difference could not bee determined but by a Councell Hee therefore called one after the example of the ancient Emperors and summoned both the parties to it caused one to be condemned for not appearing to wit Alexander and the other to bee confirmed as lawfully elect As soone as the Emperor Sigismund was preferr'd to the Empire saith the German Chronicle he put on this resolution not to spare any paines for the pacifying of the Church which was then miserably rent with divers factions more like a most confused Chaos than a Congregation of faithfull men and Saints of God Hee sent certaine Ambassadours to the Popes and to the Bishops to compose the affaires of the Church and make an agreement betwixt the Popes Which hee did so well that notwithstanding the collusion which was between them and all the Legierdemaine the Councell of Constance was celebrated where all those Popes which were no lesse than three in number were deposed namely Iohn the 23 Gregory the 12 and Bennet the 13 and Martin the 5 was chosen in their place 13 The same Emperour together with other Christian Princes did oppose Eugenius the fourth about a translation of the Councell of Basil which hee would have made and they caused it to continue in such sort that hee himselfe was there deposed The Emperour Maximilian and King Lewes the twelfth proceeded to the convocation of the second Councell of Pisa to reforme such disorders as were in the Church seeing that Iulius the second made no reckoning of them The Emperour in his command saith among other things That the Pope and Cardinals not performing their dutie in this particular hee would not doe as they did for feare lest God should accuse him of negligence inasmuch â—s they behaving themselves negligently herein we saith he as Emperour Protectour and defender of the holy mother Church are bound forasmuch as lies in our power to relieve so great necessities King Lewes sent out a commandement of the like nature which beginnes thus Be it knowne unto all and every man present and to come that as our ancestours have alwaies beene not only favourers and assistants but also most vigilant champions most good and constant defenders of the Christian faith and the holy Roman Church in all matters of importance without sparing any paines or dangerâ— we following the steps of our predecessours considering what great profit generall Councels have brought to the Christian Common-wealth and what damage the Church Catholique hath received by the intermission of them and the grâ—at necessitie which there is at this present to assemble a Councel of the Church Catholique for the rooting out of heresies schismes and factions in divers parts of the world for the reformation of manners in the Church and punishment of crimes which are too notorious too lasting and incorrigible both in the head and members to establish the peace of Christians to discharge our selves of our dutie towards God Wee have deputed our well-beloved and trustie Mr. Iohn de Biragua Chancellour of our Exchequer for the Dutchie of Millain Balthasar Plat another of the Proctourâ— of our Exchequer to signifie and assemble a generall Councell in our name or together with our welbeloved brother Maximilian the most sacrâ—d Emperour c. 14 This is not the first time that our Kings have travailed aboâ—t the Convocation of Generall Councels Charles the sixth bestirr'd himselfe to remove the schisme which was betwixt Bennet the thirteenth and Boniface the ninth and to dispose all the Princes of Christendome for the same designe according to the testimonie of an English Historian Hee heard with patience saith he the Legats of either Pope but by the advice of his devines hee would not submit himselfe neither to the one nor the other Hee rather thought upon a meanes whereby hee might relieve the Church by removing out of her all matter of dissention Having therefore sent his Ambassadours to the Emperour whose authoritie faith and affection ought to surpasâ—e that of other men as also to the Kings of England Bohemia and Hungaria he conjured them not to bee wanting to the publique good and tranquillitie All men of any judgement doe well know that the peace of the Church must come out of this quarter This may bee done when it shall please the divine bountie to touch the heart of our Soveraigne Prince who hath greater meanes than any other to acquire this honour God hath made him peaceable that so he may procure this good to Christendome O great Prince hearken to the complaints which your Vniversitie of Paris addressed to King Charles the sixth one of your Predecessours and apply them to your selfe 15 Indeavour for this peace and for the safetie of your foster mother the Church and imploy to that end most Christian Prince all your strength as you have begunne to doe cure this maladie looke upon her which is desolate have pitie upon her which is oppressed relieve her which is undeservedly dejected stretch forth your helping hand to her which is extreamelie weake and which is not able to rise out of her bed Doe not deferre any longer to hear her which implores your aid with continual sighs and plaints and groanes Preferre this before all care of temporall things how profitable and usefull soever they bee This onely businesse ought to bee preferr'd before all others inasmuch as all others will have a more happie successe by reason of this and the honour of your Kingdome which you have got by your ancestours shall bee preserved unto you and to
in any sort meddle with any thing that concernes the Church save only so farre forth as they are commanded by them Pope Paul the third serves himselfe of this instance against the Emperour Charles the fift being vexed at some Decrees which were maâ—e concerning Protestants at the Imperiall Diet of Spire ann 1544. Vzziah saith hee was an excellent King and yet for all that became a leper God so punishing his presumption because hee would have burnt incense upon the Altar It is a worke well pleasing to God to have a care of his Churches but that is the Priests office not yours but it belongs especicially to mee to whom God hath given the power of binding and loosing The Kings of these daies must â—ot meddle with the administration of the Sacraments the performing of Ceremonies the preaching of the word nor other such Ecclesiasticall offices But for the ordaining and making of Ceremonies for the reformation of abuses the extirpation of schismes and heresies the politie of the Church and such like things they both may and must look to them and have alwaies done so either by having a hand in them themselves or commanding them to bee done or by confirming the lawes and statutes and ordinances concerning them 8 Wee will here observe by the way that the Emperour the Kings of England and France have a more particular right and priviledge in the Church than others by reason of their Vnction at least if wee take Balsamon the Patriarch of Antioch his words for it who commenting upon the 69 Chapter of the Councell in Trullo saith The Orthodox Emperours that promote the Patriarchs with invocation of the blessed Trinitie and are the anointed of the Lord goe in to the blessed altar when they please and offer incense and imprint the character with a triple wax aswel as Prelates doe yea they teach the people to instruct them And he afterwards adds Forasmuch as hee that is now Emperour is also the Lords anoynted by reason of the Chrisme that is of the unction of the Kingdome and that Christ our God is reckoned for a Priest aswell as others hee is also justly endowed with priestly graces Some are of opinion thâ—t this is the reason that our King of France receives the holy communion under both kinds that hee is served by those Clergy men which are most eminent in dignitie as the Archbishop Cardinals as when the kisse of peace is to bee given in the Church they must bring it him or for saying grace at his table and such like â—ut let us hold on our former course 9 One of the greatest arguments wee have to justifie this power is that Councels themselves have confessed it and have recommended such constitutions to our observation The sixt Generall Synod called in Trullo declares That they obseâ—ve the Canon which was made by their predecessours which sayes thus If any citie by the Emperours power have beene made anew or hereafter shall bee made let the order of things Ecclesiasticall conforme unto the order of Civill and Politique affaires Where Balsamon the Patriarch makes this exposition This present Canon doth ordaine that such cities as are preferr'd by the Imperiall power or hereafter shall bee preferred be honoured by the Churches in such sort as the Emperours commanâ— shall prescribe That is bee accounted Episcopall or Metropolitan Sees For it is fitting the Ecclesiasticall order follow the Civill command We say likewise that by this present Canon the Emperour hath power to erect new Bishopriques and preferre others to the dignitie of Metropolitans and set a forme for the election to them and other administration of them so as hee shall thinke good According hereunto the Primacy of the Church was conferr'd upon Boniface the fourth by the Emperour Phocas He obtained of the Emperour Phocas saith Martinus Polonus that the Church of the Apostle Saint Peter should be the head of all Churches because that of Constantinople did pretend to be the chiefe 10 The Popes have beene so well pleased to receive this Primacy at the hands of Princes that they have even made Constantine the Great speak of it in the fabulous instrument of his donation And giving over that they bragge That the Church of Rome erects Patriarchships Primacies of Metropolitans Bishops Seates and the dignities of all orders of Churches For these are Pope Nicholas the second his own words in his Epistle which he writ to the Milanois which is recorded in the great Decree Which the later Popes kâ—ew well how to practise insomuch that Pope Iohn the twenty second made horrible alterations in our France within a litle time For he erected the Church of Tholouse to an Archbishoprique divided the Diocese of Tholouse into six Bishopriques the Bishops whereof should bee Suffragans to the Archbishop of Tholouse and turned six Villages into Cities to wit Montauban Rieux Lombez Abbey St. Papoul Lavaur and Mirepoix lodging the Bishops in them and erecting the Episcopall Seats there assigning to every oâ—e his proper Diocese He created two Bishopriques within the Archbishoprique of Narbon the first at Limoux whose seat hee translated to Alet not â—â—ng after the second in the Abbey of Saint Pons setting out their Dioceses Hee divided also the Bishoprique of Alby into two and created one at Castres Hee erected divers others besides which are reckoned up in particular â—y the authour of the continuation to Martinus Polonus from whence I borrowed the former passage verbatim But let us returne to our former discourse 11 A certaine Councell of Paris holden under Lewes the Gentle saith that the Church approves and observes a constitution made by the Emperour Iustinian concerning excommunication As concerning unlawfull excoâ—munication saith it the law of the Catholique Emperour Iustinian which the Catholique Church doth observe and approve hath ordained that no Priest shall excommunicate any man till such time as the cause be proved for which the Ecclesiasticall Canons doe command it to bee inflicted This very constitution on Iustinian hath beene followed and allowed by our Popes as they themselves doe testifie in their Books and the addition made unto it by the Glosse is remarkable So for a long time about eight hundred yeares the Emperours made laws concerning Ecclesiasticall persons and affaires and the Church obeyed them This Glosse was afterwards put out because it told too much 12 At the Councell of Meaux held in the yeare 945 it is said That the Capitulary lawes concerning the Church which were made and set out by the great Emperour Charlâ—maine and by the Emperour Lewes be strictly observed as 't is knowne that lawes should bee observed The same Councell intreats King Charles the younger To grant the Bishops a freer libertie for the execution of their ministeries in their Parishes The same Charles the Great had ordained in his Capitulary That to every Church there should bee given onely one entire Manour without any other
Acts of that Councell to shew how those Fathers are not content to wrong our Kings indeed but are further ambitious to make it appeare in writiâ—g Pope Paul the third in his Bull of 1542. by which hee called the Councell doth indeed give that honour which is due unto the King of France â—â—â—king him in this order in that exhortation which hee makes to Kings and Princes Praying saith â—e the foresaid Emperour the most Christian and all other Kings Dukes and Princes whose presence will bee very usefull to come themâ—elves in person to the celebration of this sacred Councell In the 8 Session â—â—â—er Paul the third the President of the Councell speaks in this manner That they will go on successively till it shal seeme expedient to our holy Father â—ho having communicated his Councell and advice with the most viâ—torious Emperor the most Christian King and other Kings and Princeâ— of Christendome the Councell may and ought to bee assembled in this place 6 All this goes well yet but for all that we doe not take it as a courtesie there could be then no question of the precedencie because the King of Spaine was Emperour too and as such tooke place of the King of France Now after that Ferdinand succeeded Charles the fifth and there was a Kiâ—g of Spaine in severall the Pope and the Councell altered their sâ—ile Pius the fourth in a Bull of 15â—0 for the continuation of the Councell Having acquainted saith he with our purpose our welbeloved sonâ—es in Iesus Christ Ferdinand Emperour elect of the Romans and oâ—her Kiâ—gs and Priâ—ces that they send their Ambassadours c. And the Councell it selfe in the tenth Chapter of the ninth Seâ—sion under Pius the fourth Wherefore it adviseth the Emperour Kings Common-wealths Princes c. And in the Acclamations at the end of the Councell worst of all Blessed bee the memory say they of the Emperour Charles the fifth and of those most serene Kings that promoted and protected this Generall Councell Resp. Amen Amen Many yeares to the most Serene Emperour Ferdinand ever-Augustus Orthodox and peaceable and to all other Kings Common-wealths and Princes 7 See here as sad an end for our Kings as the beginning was pleasing In the Catalogue of the fathers and Ambassadours they are diversly ranked but still to the disadvantage of France In the edition at Lyons in 4 printed by Rovillius ann 1566 as also in the French translation by Gentianus Hervetus printed 1566 and in the collections of the Orations spoken in the Councell printed at Paris 1563 this title is put before it The catalogue of the Ambassadours whose names are here underwritten according to their comming to the Citie of Trent And afterwards the Ambassadours are so ranked that the French come after the Spanish And in the catalogue of the Councell in Latine printed at Anvers 1596 and another at Lyons by the same Rovilliuâ— ann 1584 the French Ambassadours are placed next after the Emperours but it is afterwards said That the King of Spaines Ambâ—ssâ—â—our or Oratour sat by himselfe by reason of the controversie which aâ—ose betwixt him and the Ambassadours of the most Christian King See here a suit for our Kings which they may thank this Councell for They can never approve the Acts of it without doing unto themselves a most grosse prejudice That will bee asmuch as giving the King of Spaine a title whereby he will endeavour to make his cause good hereafter And there is no other way to ward this blow but by rejecting the Councell considering withall the great favours done by it unto the King of Spaine not only in this but all other things So when there is any occasion of making answere to his Ambassadours this Councell cannot finde words significant enough to expresse their commendations wherein it is too excessive and on the contrary too reserved and sparing when there is any question about them of France And in stead of what Pope Gregory said who compared the faith of our Kingâ— to a great light shining in the dark ranking them by that meanes above all other Kings in honour and dignitie The Councel on the other side gives this prerogative to the Kings of Spaine giving them the honour to bee the chiefe aâ—â—ngst all Catholique Princes Amongst whom saith it speaking of Kings and Princes King Philip Facile Princeps the prime man offers all his studies industry meanes and endeavours both of body and minde 9 One of the Presidents of that Councell speaking of the Kings of France and Spaine in a certaine booke of his puts the French King behind For disputing against Brentius he saith But what a thing will this bee if those bee not religious whom the Catholique Church holdeth for such As for the Kings of the Romans of Spaine France England Portugall Hungary Poland Bohemia Scotland and all other Christian Princes I doubt not but they are godly Princes I know very well that in writing that order is not alwaies observed which belongs unto the persons spoken of but for him who had beene President in the Councell at that verie time when the controversie arose hee cannot excuse himselfe from malicious and fraudulent dealing towards our Kings 10 Besides their right was so apparent that there could bee no question of it In former Councels they had alwaies taken that place without any controversie The Acts of them are a sufficient proof of it and amongst other of that of Lateran which begun 1512 and ended 1517 under Iulius the secondâ— and Leo the tenth Where in the eighth Session the Ambassadours are ranked in this order The magnificent Signiour Lewes de Solier Ambassador of the most Christian King of France The magnificent Signiour Ierom de Vic Ambassadour of the Catholique King Ferdinand of Aragon And in the ninth Session The magnificent Signiour Lewes de Solier Ambassador of the most Christian King of France The magnificent Signiour Ierom de Vic Ambassadour of the most Catholique King of Spaine The same is againe repeated in the tenth Session 11 AEneus Sylvius who was afterwards called Pope Pius the second in the Acts of the Councel of Basil ranks the Kings of France and Spaine in this order Of the Emperours Ambassadours the Bishop of Lubes the Lord George of the French the Arch-Bishop of Tours the Bishop of Troyes and others of our Colleagues except the Arch-Bishop of Lyons Of the Castiliansâ— only the Arch-Bishop of Consentia Of the Aragonians not a man howbeit it was afterwards said that the Bishop of Albigeaune and Francis Barbarianus who came for Milan had undertaken for the King of Aragon In the edition of the Councels of Constance and Basil printed at Milan by Gotardus Ponticus ann 1511 there is a picture at the beginning and end of either of them where the King of France is placed next to the Emperour 12 There is likewise a very ancient book called The Provinciall of all the Churches where after it
Bellarmin l. 1. de Conciliis c. 16. V. Acta Concilii Niâ—â—ni Ruffin l 1. Act. â—5 â—2 Cap. 32. Tom. 1. Act. Concil Ephefini Eusebius de vita Constantini lib. 4. c. 42. Act. Concil Ephes. tom 1. cap. 12. V Actâ— Conc. Nicani cap. 8. Theodore◠〈◊〉 â— â— p. 10. The â—reâ—â— Fathâ—r restrained of their libâ—rty Vid. Acta Concilii Consâ—antinop 6. tom 2. Conc. Vid. Acta Concil Francâ—ord in libello sacro syllabo tom 3. Concil pag. 6â—5 Hâ—c decâ—eta extant MS. in vet Bibliothecu V. Synodum Francicam tom 2. Con p. 456. V. Synod Suession tom 3. Concil p. 438. Rhegno sub an 787. Concil Meldense tom 3. Conc. p. 866. Synodus Pistis in Princ tom 3. Conc. p. 900. Lay men have assiâ—tâ—d at Councâ—ll in Frâ—nce Vide Concil Tribuâ—iense in princ in fine tom 4. Concil pa. 26. Rigordus de gestis Philippi Augusti sub anno 1179. M. â—ean du Tillet greffier en ses memoires V. Capitulare Caroli Magni lib. 2. ca. 24. 25. Rigordus de gestis Philippi Augusti sub anno 1200. Idem Rigordus a Iean le Maire en la 2 partie de la division des schismes b Martinus Polonus â—ive additio adeum Postea idem Rexâ— convocatis Praelatis Baronibus â—c Comitâ— regni Parisiis â—oncilium celebravit petens â—oncilium eâ— auxilium contra Papam praedictum c Iean Bouchet en la 4 partie des annales dâ— Aquitaine Platina in Bonifaâ—io 8. V. Pragmat Sanctionem in principio et in fine Vide hunc appellationis libellum in fasciâ—ulo rerum expeâ—endarum Iâ—an de Maire en la 2 partie de la diâ—â—ereâ—ce des sâ—hism Lay men admitâ—ed to Councell in England and Spâ—ine Neubrigenâ—is l. 1. â— 19. Concil Toleâ— 6. Tom. 3. Concil pag. 83. Concil Tolet. â— Tom. 3. Concil p. 184. Concil Tolet. 1â— versus princip Tom. 3. Concilâ— pag. 374. Math. Westmonast l 1. sub an 905. Neubrigens lib. 1. cap. ult Neubrigens lib. 2. cap. 2â— Idem Neubrigâ— l. 1. cap. 14. â—oâ—â— Lâ—y men have and may bee admitted to Councels Luitprandus rerum per Europam gestarum lib. 6. cap. 6. 10. 11. Martinuâ— Polonuâ— in Henr. 3. sub anno 1058. Vetuâ— author qui scripsit de investituris apud Theodoricum à Nihem in tract de privileg â—uribâ—s Imperat. pag. 785. â—dem author Nicol. Câ—sanus lib. 2. de concor â—athol â—ap 16. Nicoâ—aâ—â— in epist ad Miâ—â—aeâ—em Imper. For what end Lay men may be admitted Bellaâ—m lib. 1. de Concil câ— â—â— Marsilius de Padua in desens pac part 2. cap. 20. Vide Aâ—â—a Concilii Nicaeni Panormit â—n cap Signiâ—icâ—stâ— de Elect. a Socrat. lib. 1. Eccles. hist. ca. â— b Concil Tolet. 4. tom 3. concilâ— pagâ— 65â— Lâ—â— mâ—n admitted at Constance and Pisa. c Concil gener 6 d Const. et Conc. generale 7. Nicaenum tom 3. Concil pag. 234 452. e Guilielm Duâ—ant in trans de Concil f In tract de potest Papa lib. 3. c. 12. Et in Conc. genâ—ralia dist 13. q. 4. g Cardinalis Iacobatius lib. 2. de Concil Art 6. h Marsilius part 2. cap. 20. in def pac * Onuphriuâ— in Pio 4. Bellarm. lib. 1. de concil ca. 15 Vide chronicum Pauli Langii anno 1417. Et Pietro Messia en la vita de Sigismondo Apologia concilii 2. Pisani Impressa Mediolani per Gotardum Ponticum â—nno 1512. Vide Acta conâ—ilii Pisani 2. Nothing done in the Councell but what the Pope pleased Extat in libello de statu Eccles. Gallic in schismate Extat in eodem libello Du Moulin en son conseil sur le concile de Trente Et l'autheur de l'advertissement sur la reception du concile de Trente Extat hac epistola Parisiis impressa apud Nicholaum Chesneau anno 1563. Lay mâ—n calleâ— to Councels in France Guido Faber in Oratione sua habita in Conc. Trid 4 Iunii â—nn 1562. Voyes â—es commentaires du Sieur president de l' estat de la religion et republique soâ—s Henri et Francois 2. et Charles 9. The Councell depended wholy upon the 〈◊〉 Pope Apolâ—â—ia Fontidonii Onuphrius in vita Paull 3. AEnâ—as Sylviuâ— iâ— comment â—â—â—cil Basilâ— Cap. Ego de jurejurando Extra Onuphrius in vita Pii 4. 〈…〉 beaâ—e â—hâ—â—haâ—gâ—s of â— Counâ—â—ll â—useb loâ— 10. â—â—p 5. Châ—odoret l. 2. â— 16. Euseb. de vitâ—â—onsâ—antini lib. 3. â—heodoret l. 21 cap. 30. Sozomen lib. 4. cap. 16. Sulpitius Seâ—erus Sacra hist. lib. â— This Councell compared with others for number of Bishops a Yet I have seene a Catalogue printed 1546. where when the 6. Session was seâ— are râ—ckoned but 3. Caâ—dinals 3. Archbiâ—shâ—ps 1. Ambassadour the Secretary â—nd Proctor of the Councell 4. â—enerals and 2. Spanish Doctors in all 38. AEneas Sylv. liv 1. Comment Concil Bas. Bellarm. de conâ—cil author l. â— cap. 19. Henry 2. â—roâ—ests â—gâ—inst the Couâ—câ—ll Extat in libello de statu Ecclesiae Gâ—lliâ—anae in schismaâ—e Complaints made by the Emperour and thâ— French king Vid. Can. principatus 1. q. 1. t. Egi tecum D. De rejudicatâ— l. Sedet manente precariò D. De prec Canonist in ca. 51. qui authoritate de praebâ—n in 6. Bald. Cons. 50â— l 5. alios Non diâ—o sed â— numeratione sacilè conclusio inferri potest Si invito creditore aliud pro alio solvi possit The French Ambassadours lefâ— the Counâ—â—ll In vvhat â—se a â—udge may bee refused Glâ—ss in Câ—n. â—lâ— caus 3. q. 5. in verb. canoniâ— a Tacitus â—ive Quintilian in dialogo de causis corrup eloq b L'ordinance dâ—â—loâ—â— c Vtebantur hac formulâ— EIVRO NIQVVS EST. Asconius in Verrinam 2â— The King of Englands Protestation Sleidan comment lib. 11â— Surius in hiâ— Hisâ—oâ—y in the 〈◊〉 1537. ouâ— of the French trâ—â—slâ—tion by Iames Estouâ—neau Surius ibid. The King of Englands protestâ—tâ—on Sleidan comment lib. 11. Sleidan l. 16. This answer was printed an 1561. V. libellum de statu Ecclesiae Gallic in Schismate pag. â—78 179. There were diverse Councels about the same thing ¶ Augustin in in breviculo Collat. cum Donatistis Et Optatus Meliâ—it lib. de schismat Dâ—natist Et Collatio Carthagini habitâ— Idem August in Collat. 3. dict cap. 12. Idem ib. c. 19. Idem ib. c. 2. The caâ—â—â—agâ— of the Counâ—â—l at Ariminum a Hilarius in fragmento ex opere historico b Sulpiâ—us Severus in historia sacra c Idem Sulpitius li. 2. Sac. hist. Ac siqui â—ertinactùs obsislerent dummodo is numerus intra quindecim esset in exilium pellerentur Idem ibid. Dubius anniâ— Hilarius scilicet magnâ curarum mole aesâ—uans cum plerisque videretur non ineundam cum his coÌ„munionem qui Arâ—minensem Synodum reâ—â—pissent optimuÌ„ sactu â—râ—itratus sic legendum non arbitrati revocâ—re incipit cunctâ—s ad emendationem et paenitentiam frequentibus intâ—a Gallias Conciltis atque omnibus ferè Episcopis de erâ—ore profit entiâ—us ap
Concil c. 12. circa princip Cardinalis Iâ—cobatius lib. 3. de Concil art 1. V. etiam Bellarmin l. 1. de Concil c. 13. ubi de Concilio Constantinop 1. Theodoret. l. â— c. 16. Oâ—heâ—â—ounâ—els â—â—lled by Eâ—pâ—â—â—uâ—s Zonaras tom 3. Sozomen l. 8. c. 2â— Leo epist. 23. et 31 et 24. Zonaras l. 3. p. â—8 Gregorius in registro c. 273. Burchard l. 15 decret c. 20. Gregorius in Registro l. 7. indict 2. c. 110. et 112. l. 9. indict 4 c. 53. Athanasius in epist. ad Solitarios Tâ—eodoret l. 2. c. 8. Theodoret l. 2. c. 15. Socrates l 2. c. 8. Sozomen l. 4. c 22. Idem lib. 4. c. 16 Popes summoned to Councels Eusebius lib. 3â— de vita Constantini cap. 6. Cap. 23. tom 1. Act. Concil Ephes. Act. 16. Concilâ— Chalced. Sozomen l. 4. c. 5 Cap. 13. tom 2. Act. Concil Ephes. The Popes ignorance of the Greek tongue Ca. 17. tom 1. Act. Concil Ephes. Gregorâ— in regâ—sâ—ro indict 4. l. 9 epist. 64. Tarasiuâ— in ep â—â— Ioan presb tom 3. Concil Bellarm. l. 1. de Concil c. 19. Councels called agâ—inst Popes Vid Can. prima adnotatio dist 16. Câ—â— Concii dist 17. Can. nec lichit et Can. multis cadem dist Luâ—tprandus de â— bus per Europam gestis lib 6. c. 6. et seq M. Adamus in hist. Eccles c 55 Platâ—nâ— in Ioanne 1â— â—n Benedicto 9. in Sylvesâ—ro 3. in Clement 2. Otho Fâ—iâ—ingensis lib 1. de gestis Fred rici Et Radenicus in appendice Benno de vita et gestis Hildebrand Platina in Gregorio 12. V. Acta Concâ—lâ— Pisani 2. Et Arnoldum â—â—rronium in Iâ—â—dov co 12. Nâ—uclâ—rum to 2. gâ—nâ—rat 47. The Popes authorities answered Pelagius 2. ep 1. ad Orientales Leo Papa in ep ad Turbium 91 c. 17. Sixtus Papa 3. in epist ad Orientales V. epist. Marcel ad Episcâ— Antiâ—chen Et rescriptum Iulii contra Orientales in decret Isidori p. 54. et 163. All Paâ—riarâ—hs should be presâ—nt at Generall Councels Socrates l. 2. c. 5. Nicephorus l. 9 c. 5. Socrat. l. 2 c. 13 Sozom. l. 3. â— 9. Bâ—lâ—amo in comment ad Synod Constant. 1. ad finem Socrat l. 7. c. 33 Actio 9 gâ—neralisâ— 8 Synod to â— Conâ—il in fine ejusdem Synodi Zonaraâ— to 3. Hâ—w long since the Popes fiâ—st called Councâ—ls Author explanationis Sanctorâ—m et veneraâ— Concil c 18 Tom. 2. Actor Coâ—cil Ephes. Action 1 Concilii Chalced. V. Acta 8 Synodi in definitioâ—e Concilii ante adventum vâ—carii sen. Rom. To 4. Concil Bellar. l. 1. de Concil â— 12â— Marcellus in epist. decretali 1. ad episc â—ntioâ—h Prov. to 1 Conc. Can Sexaginta Can. Clement Can. Placuit dist 16. Bellar. l 1. de Concil c. 12. Synodâ—s Alexandâ—ina in epist. ad Feliâ—em in deâ—reto Isiodori p. 167. V. Can 51. Concilii Carthag et Balsamon in laud. V. Interpretem Concilii Nicenâ— in suis anno tâ—â— The Canon in favour of the Popes when made Socrat. l. 2. c 13. et Sozomen l. 3 c. 9. Balsamo in 6 Synodum Constantâ— in Trullo p. 194. Theodoret. l. 2. c. 22. Martinus Polonus in Victore suâ— ann 203. Platina in Victore Eusebiâ—â— hist. l. 5. c. 22. Spuâ—â—ous Canoâ—s iâ—posed by thâ— Popâ—s Euâ—ebius hist. Eccles. l 5. c. 22. Vâ— Epist. decretales Mâ—rcelli Papae 1â— ad Episc Antioch ad Maxentium tyrannum in decreto Isiodori pag. 54,55 Can de libâ—llâ—s dist 21. Can. Si Romanorum dist 19. Graâ—ianâ— in versic quomodo Can. vigiâ—t dist 17. Hermogeâ—ianuâ— in le Si de interpetatione D. de legâ—b The Ppopes usurpation hovv ancient Platina in Calisto 2. Radericus de rebus gestis Friderici l. 2. c. 55. Idem lib. 2. c. 54 Idem lib. 2. c. 64. Platin. in Alex 3. * See this question largely and leâ—rnedly canvassed by Salmasius and Sirmondus others in their divers late tracts de Suburbicariis regionibus a Balsamo in can 6. conc Nic. b Synod Agrip. to 4. Concil p. 17. c V. Histor B. Servatâ—â— Synod Aquileiâ—◠〈◊〉 1. Concil p. 7â—â— Whâ—â—her a Gâ—neâ—all Councell be nâ—w possible Theodoret l. 4. c. 2. 3. Sozomen l. 5 c. 16. l 6. c. 7. Bâ—sil epist. â—0 Ambros epist. 44. Radenicus l. 2. cap. 55.70 Idem ibid. Guiliel Neuâ—â—rigens rerum Anglicarum â— 4. â— 1 The Councel of Trent gives the right of Kings to the Pope Conc Trid. Sess. 24 câ— 2. et in aliis Sess. 8 Can. 9. Sess. 25. c. 2. et in aliis Sess. 9. Can. 2. Concil Aurel. c. 2. to 2. Conâ— Couâ—â—â—ls called by the Fâ—ench Kings Concil Aurelianâ—â— in princâ— in â—ine to 2. Con p. 551 552. Conc. Aurelian 5 to 2. Conc. p. 574. Concil Paris 2 in princ to 2. Concil p. 8â—3 Conc. Matisc. in princ â—o 2. Con. p. 840. Conc. Valentin Gall. 2 in princ to 2. Conc. p. 853. Edictum Regis Guntrandi ad â—inem 2. Conc. Matisc. to 2. Conc. p 854 Cabilonense Conc. in princ to 3. Conc. p. 208. Synod Francica in Princ. tom 3. Conc. p. 437. Synod Suessionens in princ to 3. Conc. p. â—38 Conc apud Palatium Vernis in princ to 3. Con. p. 439. Libel Sacroâ—yl in Actis Conc. Francoâ—sâ—h to 3. Conc. p. 232. Annales rerum gestâ—a â—â—rolo Magno sub ann â—94 Councels called by the French Kings Concil Foro. juliense versus Princ. to 3.1 Conc p. 665. Synod Arelat 4. sub Princ. to 3. Conc. p. 679. Turonens Synod 3. in Princ. to 3. Conc. p. 682. Concil Moguntin 1. to 2. Con. p. 630. Synod Rhemens in Princ. to 2. Conc. p. â—00 Annales incerti authoria inter Sâ—riptores â—â—â—â—aneos Pithâ—â— Matth. Westâ—â—â—â—â—â— â— 1 sub ann 813. V. Regino in Chronicis sub annis 770.771 772 775. 776.779.787 788.704 Concil â—qui in Princ. to 2. Conc. p. 703. Matth Westm. l 1 sub ann 870. Conc. Paris in princ to 3. Conc. p. 764. Epist Episc. ad Imperat. in Actis Concilli Paris to 3. Conc pâ— 769. Concil Aqui. gran in princ to 3. Conc. p. 820. Concil Mâ—gunt in princ to 3. Concil pâ— 832. Synod Aquensis to 3 Conc. p. 840. 〈◊〉 â—â—lled by â—hâ— kings of France Annales incerti authoris apud scriptores coâ—tancos Pithoei Concil Valent. in princ to 3. conc p. â—89 Histoire de Reins â— 2. c. 5. Histoire de Reins l 1. c. 1. Conc. Ticin in princ to 3. Conc. p. 894. Conc Wormat. in princip to 3. conc p. 977. Annales incerti authoris inter scriptores cooeâ—aneos pithoei Iean le Maire en la 2 part de la difference de schismes Concil Tribur in princip to 3. conc p. 26. Iean le Marie au second traitâ— des schismes des Conciles Robertus de Monte in appendice ad Siâ— gibert sub anno 1140. Rigordus de gestis Philippi Augusti Idem ibid. Counâ—â—lâ— called by the kings of England Ivo Carnotensis epist. 28. Iean le Maire au mesme traitâ— Idem ibid. Idem ibid.
Agatho dist 63. Whether the Emperours hâ—ve lost their right Martinus Polonus in Vitaliano sub ann 657. Vid. Decreta Bonfaciâ— 1. in Isidori Decreto Lutetiâ— excuso ann 1524. pag. 129. ann 1535. p. 196. Walteramus episcâ—p Naumberg in lib de invesâ—lâ—â— episâ— Vnum instrumentum extat in Can. Ego Ludovicus dist 63. Alterum apud Volaterrarum Geograp lib. 3. cap. de genere gestis Pepini â—aroli Lewes his compaâ—â— supposititious Can quia sancta dist 63. Can. in nomine dist 23. Hildebert in Panorm l. 3. c. 1 Platina in Gregorio 7. Platina in Alex. 2. Election of Bishops belongs to Emperors Theodorus Balsamo in comment ad Can. 69. Synoâ— in Trullo Can Reatinae dist 63. Can. nobis dist 63. Can lectis dist 63. Can. Salonitanâ— quaest 63. Can. Princip dist 63. When Popes begun to usuâ—p elections Can. Quiaigitur dist 63. Glaber Rodulphus lib. 5. hist. cap 4. Idem Glaber lib. 5. cap. 5. Idem ibid. Helmod in chronic Slavor cap. 70. Waltramus Episc Naumburg in lib. de invest Episcop * Sigebert in Chron. sub ann 1111. Martin Polon in Henr. 4 sub ann 1110. Matth. Westm. l. 2. anâ—112 â—112 Helmod in hist. Slavor cap. 32. 70. Petr. de Ferrariis in forma libelli quae agit ex substit in verb. ex suo corpore num 3. Lambert Schafnaburg derebus German sub an 1071. et passim Author continuationis ad Bedae hist. lib. 2. â—ap 21. a Can si quis deinceps sequentib Caus. 16. q. 4. Henry the â— and the Popes quarrell about investitures Matth. Westm. lib. 2. sub ann 1102. pag. 23. Abbas Vsperg in Chron. Willelm Malmesb de gestis Reg. Angl. lib. 5. fol. 9. Henries renunciâ—tion invalid Idem Vsperg Et Malmâ—b ib. Abbas Vsperg in Chron. sub ann 1122. Otho Frisingens Chron. lib. 7. cap. 16. Abbas Vsperg sub an 1126. Bishâ—p at Charâ—res his opinion Albert. Crantz l. 7. Saxon. c. 3â— Marsil Patavi in deâ—ens pac part 2. c. 25. pag. 174. Kings may confer Bishopriques c. The Emperour Henries right vindicated Ivo Ep. 65. Sigebert in Chron. sub ann 1111. Adde MatthaeuÌ„ Westmonast lib. 2. sub Ann. 1111. Kings of England chuse Bishâ—ps a Conc. Tolet. 12 cap. 6. b Can. Cum longe dist 63. c Lanâ— â—onrad in templo amnium judic l. 1. c. 2. §. 3 nu 10. lâ— â—â—p 1. § 4. verâ— 4. d Wilâ—elm Mâ—lmâ—â—bur l 1. dâ— gestis pontiâ— â—ngl p. 116. Idem lib. 3. p. 1â—7 Idem lib. 1. â—eâ—sus in Idem lib. 2. p. 147. Idem lib. 3. p. 155. Matth. Wesâ—â—n lib. 2 sub ann 1878. Florent Wigâ—â—n sub ann 107â— Matth. Westâ—n lib 2 sub ann 1092. Malmesb. l 4. Idem l. 1. p. 116 Idem â— 2. sub ann 1101. Malmes l. 4. Idem p. 161. Westmonast l. 2 sub ann 11â—2 Idem Westmon l. 2. 〈…〉 1â—0â— Kings of Englâ—nd bestow Bishoprâ—quâ—s Idem Westmon l. 2. sub ann 1109. Idem lib. 2. sub ann 1113. Idem Westmon l. 2. sub ann 1125 William Neubrigensis rerum Angl. l 4. c. 2. Idem Westmon l. 2. sub ann 1204. Idem Westmon sub ann 1245. Vid eundem Malmesb lib. 2. in sin p. 146. lib 4. p. 163. 165. Et Wigornens sub ann 1070. pag. 435 436. sub ann 1103. pag. 475. Matth Paris alios Anton Corsetâ—s in tract de reg potâ— q. 11. nu 11 vide antiquas collectiones decret Antonii Augustini Iterdae excusas ann 1576. collect 1 c. ex diligenti Tit. de jure patronatus Severall Kings conferre Bishopâ—iques Alexand. Consil 174. nuâ— 8. Tom. 4. Lâ—ncelot Conrad in templo omnium judic lib. 1. cap. 2. §. â— nu 10. Walâ—ramus Episâ— Nâ—umburgens in tract de invesâ—it Episc. Ammonius de reb gest Francâ— l 34. Rhegmo in chron sub an 860. hist. Rhemens l. 3. c. 1. 9. Frodâ—ard in chron sub ann 96â— Ivo Carnat Episc ep 36 44.48.49.67 121 16â— 169. 352. Hildebert Turon Archiep. ep 3. Lup. Abb. Ferrar. ep 6. 1. â—0 79. 81. 84. 89. 2. Capitul Carol. magn l. 1. c. 84. vid etiam lib leg Francic c. 78. â— Can Sacror dist 63. Capitul Carol. Mag lib. 1 c 84. Vid. etiam lib. legum Franâ—â—â—arum cap. â—◠†Gâ—eg Turon in hist Franc. l. 3. ca. 16. 17. 26. l. 4. c. 6 7. 15. 18. l 5 c 4. 46. l. 6. c. â— 7. 915 â—9 l. 7 c. 17. Idem in vit sanct Gall. * Can. sacror dist 63. Councels decrâ—e Bishops and Pastors to be chosen by Clergy and people Can. porro dist 63. Cap. 10. Conc. Aurelian 5 quod extat in tom 2. Concil pa. 575. Synod Francic Tom. 3. Conc. pag. 473. Synod Suession to 3. Conc. pag. 438. Conc. Paris lib. 3. c. 22. to 3. Conc pag. 817. Conc. Valent. tom 3. Concil pag. 890. Investitures proved to belong to the Kings of Frâ—nce Marâ—ilius Pâ—vinus in defens pac part 2. cap 17 pag. 290. Ioannes Monachus in c 1 de Prebend in 6. Alexand. consil 74. num 8. volun 4. Lancelot Conrad in templâ— omnium judicum lib. 1 cap. ◠§. 3. num 10. 11. Lupâ—s epist. 81. Hildâ—bert Turonens Arâ—hiep epist. 3. Ivo Episcâ—pus Carnotensis Epist 1,2,8 12. Idem Ivo epist. 12. Idem Ivo epist. 65. Bishops ought to tâ—ke the oath of allâ—geance and bee chosen by Kingsâ— c. Ivo epist. 206. Vid Matth Westmonast lâ— 2 sub ann 1136. 1171. Extat haec juramenti formula inter scriptores coâ—etaneos Pithoei pag. 509 editionis Wechelian L' Ordonnance D' Orleans â—rt 1. Ivo epist. 8.12.20.28 43.44 48.49 50.58.116 271.272 Popes election of Bishâ—ps prejudiciall â—o Kings Lupus ep 40. Idem ep 98. Matth. Westm. l 2 sub ann 1245. p. 192. Ivo epist. 116. Câ—n. Porto dist 63. Florentius Wigorâ—iensis Monachus in Chron. sub annâ— 1070. Ivo ep 238. Guilielmus Neubrigensis rerum Anglic. l. 2. c. 16. Kings robb'd of theiâ— jurisdiction Councel of Trent unjâ—stâ—iâ— exempts Bishops from the jurisdiction of Kings Conc. Trid. Sess. 24 cap. 5. Conc. Trid. Sess. 13. cap. 8. Conc. Trid Sess. 25. cap. 14. Sozomen l. 2. cap. 27. Emperours and their â—fficâ—â—s jâ—â—ge thâ— Clergy August epist. 68. 162. Theodoret. l. 2. cap. 27. Sozomen lib. 4. cap 22. August ep 159â— 160. Tâ—â—oâ—oâ—et l. 5. cap. 5. Idem Theod. l. 5 cap. 2. 3. S Sulpitius Sacrae hist. l. 2. Bishops judged by Emperours Commonitorium Imperatoris ad Elpidium Act. 1. Synod Chalced. to 2. Conc. p. 137. Conc. Chalced. Act. 1. tom 2. Conc. p. 135. Conc. Chalced. Act. 14. tom 2. Conc. p. 315. Eadem Actione 14. p. 325. V. Tom. 1. Iuris Graeco Romani l. 3. Sentent Synod c. 5 p. 223. Iustinian Novell 24. De depositione Anthemii V. Euagrium l. 4. c. 11. Theod. l. 2. c. 15 Sozom. l. 3. c. 9 Kings jurisdiction confes'd by Popes Gregorius in Registro l. 7. ep 116. Indict 2. Idem Greg. l. 9. ep 64. In dict 4. Can. istud caus 11. q. 1.
nor against their vassals and subjects First forasmuch as such lawes have beene abrogated by contrarie practice bee it in Germany England France or elsewhere Secondly forasmuch as the cause of them ceasing there is no need to observe them Now the cause or reason which is fully expressed in those two lawes is this That the authoritie of sacred religion invents and finds out many meanes of allaying suits which the ties and formes of captious pleadings will not admit of That the judgements of Bishops are true and uncorrupted That this is the châ—aking of those malicious seeds of suits to the intent that poore men intangled in the long and lasting snares of tedious actions may see how to put a speedy end to those unjust demands which were proposed to them Now wee have made it appeare in the second booke when we treated of the reformation of the Head that the Pope his Decretals the Court of Rome and other Ecclesiasticall Courts are now adayes become the source of iniquitie and injustice and of all the shiftings and tricks that ever could be invented in matter of pleading and that all Christendome graones miserably under them at this present Why then should a man submit himselfe to their judgement this were for escaping the ashes to throw himselfe in the fire Duarenus speaking of these two laws saith That the conditions of the Bishops being changed both these constitutions grew out of use as it is credible Thirdly the Popes have rendred themselves unworthie of them because they went about to retort thâ—m upon their authours to urge them against those which are exempted from them because they wold have made their liberality redound to their own dammage and have arrogated their power unto themselves and usurped their lawes Lastly those who made those constitutions have power to unmake them to alter or abolish them at their pleasure To what purpose then are they urged against them There needs be no more talke of them in France for they have now beene a long time disused Wee see no tracts of them in our Histories nor in our ancient records And besides wee have at this present some Ordinances cleane contrary to this which forbid Clergy men all jurisdiction over lay men unlesse it bee in spirituall cases as wee have elsewhere expressed CHAP. II. That a Councell hath no power in temporall matters 1 FOr goods and other temporall matters Saint Austin hath passed his sentence by which hee hath submitted them entirely to the jurisdiction of Princes although they be in the possession of Clergy men By what law saith he doe you except the goods of the Church by divine law or humane The divine law we have in the Scriptures and the humane in the lawes Imperiall That which every man possesseth doth he not possesse it by the humane law Humane lawes are the lawes of the Emperours for God hath dispensed humane lawes amongst mankinde by the mediation of the Emperours and Kings of this world And a little after Take away the Imperiall law and who dare say this possession is mine This servant is mine This house belongs to mee If the Royall lawes have ordained that these things should bee holden and possessed by men would you have us to conceale the law that so you might enjoy them And after some passages Let those lawes be read where the Emperours have commanded expresly that those who usurpe the name of Christians unlesse they bee within the communion of the Catholique Church cannot possesse any thing in the name of the Church But say you what have we to doe with the Emperour I have told you already that the question is here of the law humane and the Apostle himselfe would have all men to bee subject to Kings and Kings to be honoured And hath said Have Kings in reverence Say not you then What communion is there betwixt mee and the King otherwise it will be said unto you What communion is there betwixt you and your possessions They are enjoyed by the constitutions of Kings You say What hath the King to doe with me doe not then call those possessions yours for as much as you have renounced humane lawes by virtue whereof such possessions are enjoyed This pregnant place is inserted into the Decree all entire as I have related it so as now it is a Papall law which plainly teacheth us that Ecclesiastiques have no jurisdiction over the lands and possessions and other temporall goods which Churchmen are seized of much lesse have they any over those which are in lay mens power over which notwithstanding the Councell of Trent hath stretched their authoritie 2 Gregory the thirteenth it seemes would have voided and rebated the force of this Canon by that Item which he gives us that the word Church is not at the beginning of the passage because Saint Austine speakes there of heretiques namely to the Donatists Which is very true But if he will inferre from thence that Saint Austine would not have said as much of the goods of the Church wee will deny his argument These goods whereof hee speakes were the possessions of the Church before the Donatists fell into their opinions They were deprived of them by the Emperours because of their heresie They were bestowed upon the Orthodox as Gregory saith in the same place See how the Prince and not the Church doth alwaies dispose of their goods See how Saint Austine and all the Popes with him confesse that it belongs to the Emperour to dispose of them and not to the Church For even that reason which he renders is generall It agrees as well to the Church and Clergie as to any others Besides those which made the collections of ancient Canons as Anselme Ivo and Hildebert have inserted the word Church in that place and Gratian after them as Gregory confesseth which the former Popes did authorize The Emperour Constantine cals those of the Novatians Churches and will have them preserv'd unto them The Emperours Gratian Valentinian and Theodosius call those of other Heretiques Churches and cast them out of them that they may place orthodox Christians in them Arcadius and Honorius made a like constitution Ivo Bishop of Chartres proves it in his Epistles For as much saith he as the guidance and government of temporall things is given unto Kings and that they are called Basilei that is the Basis and foundation of the people if at any time they abuse their power which is given themâ— they must not be too much exasperated by us onely when thâ—y refuse to obey our admonitions they must be let alone to the judgement of God The Councell of Trent doth not use them so but not content with delivering their bodies up to Satan as farre as lies in their power it confiscates their goods and deprives them of their inheritance 3 Pope Nicholas howbeit in his Epistle sent to the Emperour Michel he breathe nothing but winde and smoke having made a division with the