at Soissons in the yeer 744â— where hee assisted in person together with the greatest Peeres of the Land In the second yeer of Childeric the French King I Pepin Duke and Prince of France with the consent of the Bishops and Clergy after I had consulted thereabout with the chiâ—fe Lords of France determined to hold a Synod or Councell at Soissons which wee have also done The Decrees of that Councell are all conceived in his name for the constant forme of them is Wee ordaine with the consent and advice of the Bishops and chiefe Lords of the Land Now these Decrees are concerning the confirmation of the Nicene Creed the keeping of yeerly Synods the ordination of Bishopsâ— the obedience due unto them the life and manners of the Clergy and such like matters 6 The same Pepin being afterwards King of France in the yeer 755 caused almost all the Gallican Bishops to meet at the Councell of Vernes Palaceâ— so saith the Preface to it Charles the Great called the Councell of Frankford where the heresie of Felix was condemned and the seventh Generall Councell as it is confessed in the Acts thereof A great number of Bishops out of all the Provinces under the dominion of the most mild Illustrious King Charles assembled themselves with especiall care by virtue of his ordinance and command Charles the Great saith as much himselfe in an Epistle which hee writ to Elipend Archbishop of Toledo which is inserted amongst those Acts. To accomplish that joy being incited thereunto by a fraternal Charity we have commanded that a Synodicall Councell bee assembled out of all the Churches of our Dominions Which is further confirmed by the authority of the old Chronicle The King in the beginning of harvest what time â—ee called also a generall meeting of the States caused a Councell of Bishops out of all the Provinces of his Doâ—inions to meet in the same citieâ— to condemne the heresie of the Felicians where the Legates of the Pope of Rome were present also 7 The Bishop of Aquileia in a speech which hee made at the Councell of Friuli holden likewise under Charles the Great and Pepin his sonne gives us to understand that he had beene in divers Councels called by the command of Kings and Princes For it having oftentimes befalne the humility of my meannesse to be present at the Generall assembly of a Councell very famous for reverend fathers being thereunto summoned by the sacred commands of our Princes The fourth Councell of Arles was holden also in the time of Charles the Great and called by him in the yeer 813 the Bishops thereof make this praier for him That he God would confirme in his faith the Emperour Charles our Soveraigne by whose commandement we are here assembled So likewise the third of Tours the same yeer 813 The time and place being appointed when and where the assembly should bee we are come to the place appointed according to the injunction which was laid upon us by so great a Prince There was another holden the same yeer 813. under the same Emperour at Mentz at the beginning whereof they speake thus unto him Wee are come to the city of Mentz according to your command So likewise at Rhemes the same yeere 813â— at the beginning whereof it is said This is the order of those Chapters which were made in the yeer 813â— at the Councell of the Metropolitan See of Rhemes called by the most devout Emperour Charles after the custome and fashion of the ancient Emperours There was also another holden under him and by his command at Chalons mentioned by divers ancient Historians who speake also of those others which were holden under him whereof wee have spoken already For say they Hee commanded the Bishops also to keep divers Councels for the reforming of the state of the Church one whereof was holden at Mentz another at Rhemes a third at Tours a fourth at Chalons and a fifth at Arles Wee have the Acts of that of Chalons extant wherein although Charles the Great bee mentioned yet it is not said that the Councell was holden by his command And wee may observe the case to bee just the same in divers other Councels holden in France The same King and Emperour held many other Councels the Acts whereof wee have not now extant yet thus much is testified by Regino that he called them who hath reckoned us up nine or ten after the yeere 770 till 994. King Lewes the 6 called the Councell of Aix in Germany in the yeer 816. Seeing that say the Acts the most Christian and most Illustrious Emperour Lewes by the grace of God Victorious Augustus had called a holy and Generall Councel at Aix in the yeer of Christs incarnation 816. 8 There is an old Chronicler that sayes it was in 819 and another puts it in 820. There was a Councell holden at Paris too by the command of him and his sonne Lotharius in the yeare of grace 829 and three others at the same time in other places as is collected from those words in the preface Hereupon they ordained that Synods should bee assembled at the same time in foure severall convenient places of their Empire Besides this is the very title of the preface Here beginneth the preface of the Synod which was holden at Paris by the command of the most Illustrious Emperours Lewes and Lotharius his sonne And againe in letters sent by the Synod to those Emperours We the most loyall and most devâ—uâ— sollicitours of your salvation according to the meannesse of our understanding in obedience to your desire and command have observed and set downe in these precedent papers such things as concerne Christian religion which we present unto your clemency to be perused and approved of by you 9 There was another Councell holden at Aix by his command in the yeare 338. Whereas we Bishops were assembled together by a Synodicall convocation the most Illustrious and most orthodox Emperour Lewes the most invincible Augustus having summoned us thereunto And yet another at Mentz anno 834. Weâ— are come to Mentz say the Bishops of it according to your commendment And another at the same place anno 837. whither the Bishops say they were assembled By a seasonable and most wholesome order and command from the Emperour Lewes And this is a Synod of which an ancient French Historian speaks saying Rhabanus was created Bishop of Mentz in 847 who by command from King Lewes held a Synod at Mentz the same yeare The title of this Synod saith that this same Rhabanus was president of it and not unlikely but we must understand that this was by authoritie from King Lewes who as wee have said already commended him to hold that Synod There was yet another Councell holden at Mentz under him and by his command in 852 where the same Rhabanus was president the same Emperour being willing to have it so There was likewise
them hath burst out so farre that hee hath declared in his writings that the Roman Emperour is bound to him by an oath of allegeance as subject to him by a coactive jurisdiction as may bee gathered from the contemptible and ridicuâ—lous covert pretences in their narrations which they call Decretals He addes further The Bishops of Rome with their Cardinals durst not call these factious Ordinances lawes but they have Christened them by the name of Decretals howbeit they meane by them to binde men over to punishment and that considering the state of the present age by a coactive power just as humane lawgivers Which at first they durst not expresse by the name of lawes fearing the opposition and correction of the lawgiver considering that therein they incurred the crime of treason Afterwards they called these their Ordinances Canon law to the intent that under colour of the name though wickedly used they might bee more authentique and further to beget in faithfull people a credit and reverence and obedience to them Hee speaks yet more of them in the twentie first and twentie fift Chapters of his second part and some other places but wee will content our selves with this 7 Gregory Haymbourg a German Lawyer who lived in the time of Pius the second about an hundred and fiftie years agoe hath a discourse in a certain booke of his which comes neare to this of Marsilius Their Decret saith he was publiquely composed under Lotharius and Conrad to which howbeit there be much hay and straw of the Pope mingled with the authorities of Saints some notwithstanding give so much reverence as it seemes the Gospel were contained in it And from thence carnall Popes have arrogated to themselves by virtue of this Decree as an authenthentique book not of the Gospel a plenitude of power Afterwards Innocent the third compiled the Decretals for the better defending of their plenitude of power And whatsoever they could wrest from factious and schismaticall Kings and Emperours that they have transcribed into the sixth book of the Decreâ—als and into the Clementines as rights bestowed upon them by Christ. 8 Our French men also have stoutly rejected these upstart Decrets and and have contented themselves with the ancient with those namely which were contained in an ancient collection called Codex Canonum not willing to admitte of any other old or new the one as being supposiâ—itions the other as too presumptuous There was a great quarrell hereabouts betwixt the Bishops of France and Pope Nicholas the first in the time of Charles the Bald inasmuch as Nicholas would have obtruded certaine Decrees upon them for currant money which hee said were ancient which the other refused because they were not comprehended in their Code Wee are informed of this controversie by one of the Epistles of the same Pope writ to the Archbishops and Bishops of France where hee straines to refute their opinion concerning that point Howbeit saith he some of you have writ that these Decretals of ancient Popes cannot be found enrolled in all the bodie of the Code of Canons notwithstanding that they use them without distinction when they make for their purpose and maintaine that they ought not to be received now so to impaire the power of the See Apostolique and augment their owne priviledges If they say then that the Decretall Epistles of the ancient Popes of Rome ought not to bee admitted because they are not inserted in the Code of Canon neither should any edict or rescript of Saint Gregory be received nor of any other either before or after him because they cannot bee found in the Code of Canons All this was inserted into Gratians Decret Where it is to bee observed that all those goodly Decretals were forged since which goe under the names of Clement Anaclet Evaristus Alexander Telesphorâ—s and an infinite number besides which all men of judgement pronounce false upon the bare reading and yet notwithstanding our Councell gives the same authoritie to them which it does to the holy Scriptures 9 Now one of the maine arguments of this forgerie is that in this Code were contained only the Decrees of Sylvester Syricius Innocent Zoâ—imus Celestine Leo Gelasius Hilarie Symmachus Hormisdas Simplicius and Gregory the younger And that Pope Leo the fourth one of Pope Nicholas his predecessours writ to the Bishops of Brittaine That these were the Canons which were received in Ecclesiasticall judgements meaning those which are contained in this Code as it is said in Gratians Decrets Which Gregory the thirteenth in his late purgation expounds thus He meanes saith he the Canons and rules contained in the Corpus or Codex Canonum which the Bishops of Rome were wont especially to use in judgements And this very Code was sent by Pope Adrian the first to the Emperour Charles the Great as is gathered out of certaine verses which wee read at the beginning of it 10 The Nobilitie of France finding themselves grieved with these Decrees of Rome complaine very bitterly of them about the yeare â—247 under the reigne of Saint Lewes setting forth a certaine writing thereupon which went even into forraine Nations and was inserted at large in the historie of England See here a piece of it They doe so annull the Secular jurisdiction by their lawes that the children of servants are made Iudges of free men and their children howbeit according to the ancient and Secular lawes they ought rather to be judged by us and they should not derogate from the customes of their predecessours by their upstart constitutions so as they make us in a worse state than God made the Gentiles when he said Give unto Cesar the things which are Cesars and to God the things which are Gods 11 In the time of Charles the fift there was a booke made in France called The Vergers dreame first made in Latine then translated into French by his command In the seventh and eighth Chapters whereof the Clergy man and the Knight conferre together on this wise I call saith the Clerk and account the Decrees and Decretals of the holy fathers of Rome to bee good law which binde and oblige every true Christian as a subject and sonne of holy Church our mother To whom the Knight replyes If the termes of Rome be Decrees or Decretals Ordinances or Constitutions touching the temporall affaires of Kings Princes or other Secular Lords you Clerks among your selves shall call and account them law if you please But the truth is no man can establish nor ordaine any thing where he hath no power nor authoritie So as the King of France hath no power to make a law or ordinance to bind and tie the Empire so neither can the lawes of the Emperour binde the King of France nor his subjects And a little after I hold it therefore a frivolous thing and very ridiculous that the holy Father should make any Decree Decretal or Constitution about temporall matters And yet the greatest
Physicians of soules But the Glossatour conforming himselfe to the ambition of Rome referres all this to worldly honours and vanities Set here an argument saith he to prove that the Emperour is inferiour to a Bishop and that he may bee excommunicated by a Bishop T is true that on the other side hee seemes to favour the Emperour by giving him an office in the Church and making him Archdeacon for expounding the word Ordinem hee saith From this word some have affirmed that the Emperour should have the Order of Subdeacon in the Church but it is not true because hee hath a militarie character yet howsoever hee performes the office of Subdeacon when hee serves the Bishop O bravely thrust 6 Gregory the seventhâ— in an Epistle which he sent to the Bishop of Mentz speakes yet in a more loftie style for point of honour Who makes question saith he but the Priests of Christ are reputed for the Fathers and Masters of Kings and Princes and all the faithfull Is it not knowne that 't is a miserable madnesse if the sonne should goe about to dominere over his fatherâ— or the scholler over his master and by some unlawfull obligations to bring him under his power by whom he may be bound and unbound not only upon earth but in heaven also The glosse makes an exception Yet if the father should grow franticke the son should be made Tutour over him to governe him He that shall reade Cardinall Benno upon the life of this Pope and others that have made mention of him will finde that this is not much beside the cushion 7 Pope Iohn the eighth saith That t is Gods will the disposall of the Church should belong to the Clergie and not to secular Princes who if they be of the number of the faithful his will is they should be subject to the Clergie He addes yet further That Christian Emperours ought to submit their executions to Ecclesiasticall Prelates and not to preferre them Pope Gelasius writ to the Orientall Bishops That Christian Princes were wont to obey the Decrees of the Church and not preferre their owne power To submit their owne heads to Bishops not sit as Iudges of theirs These are the Glosses of the Councell of Trent upon the forecited Decree all taken out of Gratians Decree all hammered out and whetted in the Popes forge 8 They forgot that Decretall of Clement the third Saint Peter commanded saith he that all Princes of the earth and all other men besides should obey Bishops The Glossatour infers Ergo The Princes of the earth are inferiour to Bishops Which is true But if the King have many Bishopriques within his Realme before which of them shall he treat of his spirituall cases Hee shall treat of them before that Bishop in whose territorie hee makes his principall residence Which glosse is approved and followed by the Canonists that comment upon that place And wee need not wonder if they would have the King to repaire to the Bishop to treat of spirituall matters For there are some of them that left it in writing that if the Bishops bee out of the fiefs or mannors which they hold they are not bound to call Kings by their names nor to acknowledge them for Kings not so much as for the goods temporall of the Church It is a Pope that pronounced this sentence by name Innocent the third 9 We forgot to tell how our Canonists are entered upon a profound piece of Philosopie to know exactly how much the Sun is bigger than the Moone for without the knowledge of this point they cannot resolve how much the Papall dignitie surpasseth the Imperiall inasmuch as this is the ell with which they must be measured the Pope being by Innocent the third compared to the Sunne and the Emperour to the Moone The Glosse upon that Chapter determines the case thus Wherefore seeing the Earth is seven times bigger than the Moone and the Sunne eight times bigger than the Earth it followes that the Papall dignitie is fortie seven times bigger than the Royall Iohn Andreas observes there is a fault in this glosse In other copies saith he it is ten times foure in othersâ— fortie times but neither this nor that can stand with the supputation of the Glosse For if the Earth be seven times greater than the Moone and the Sunne eight times greater than the Earth the Sunne must then be eight times seven times greater than the Moone and therefore it is fifty six times greater For eight times seven make fifty six Pope Gregory in his censure upon this place takes notice of this diversity of reading which is more to his owne advantage In other copies saith he it is fifty times seven times But for the quantity of the Sunne and Moone and Earth and how much greater one of them is than another see Ptolomie in hiâ— fift Booke and sixt Chapter It was requisite to observe that for by this meanes the Popes greatnesse is tenne times greater But see here another addition yet which helpes well to augment the score Here Laurence saith the addition cites the saying of Ptolomy it is evident that the greatnesse of the Sunne containes the greatnesse of the Earth one hundred forty seven times and two halfe parts more It is also well knowne to every body that the greatnesse of the Sunne containes the greatnesse of the Moon seven thousand seven hundred forty foure times and one halfe more See here how they write of this point it being to be feared they will never disintangle themselves out of these doubts but by the determination of a Councell and further it will be necessary that they imploy some surveyouâ— in the busines And if in the meane time the Sunne should happen to decrease or the Moone to encrease there would be a great many amaz'd with it 10 Though this be but a sport yet no man of judgement but will bee more readie to weepe than to laugh at it For this vanitie hath made men renounce the simplicitie of Christianitie to runne after the world and glut themselves with vanities This Ecclesiasticall ambition begunne to grow up as high as Origens times We are in such a taking saith hee speaking of the Prelates of his times that we seeme to outvie the pride of the Princes of this world either because we doe not understand or doe not respect the commandment of Christ and after the fashion of Kings wee desire to have weapons of terrour to march before us Saint Chrysostome saith likewise That the Princes of this world are for ruling over such as are inferiour to them for bringing them into subjection and spoiling them when they deserve it and for serving their turnes of them to their commodity and for their honour even to death But the Prelates of the Church are ordained to serve such as are inferiour to them and to minister unto them all that they have received from Christ c. It is not then either just
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
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
practised it towards one Gervase and hee sets downe the words of this Ordinance In another epistle he gives us to wit that our Kings have this priviledge not only for other men but for themselves too Kings saith hee shoâ—ld not bee exasperated by us but in case they will not rest quiet for all our admonitions they must be left to the divine judgement Hence it is that wee read in the Capitularie Royall concluded upon by the authoritie of the Bishops If the Royall power c. 11 Now this priviledge that they cannot bee excommunicated is no new thing Clement the fourth in one of his Decretals confirmes this privildge granted to the Kings Queens and their children that they cannot be excommunicate nor their lands interdicted Which Iohn Andreas extends to the brethren of Kings so they be children of Kings too but not to such as are only brethren and no more For example If saith he 〈◊〉 that is no Kings sonne should succeed in a Kingdome where such a proviso is made as suppose in the Kingdome of France at this present the Kings brethren shall not enjoy this priviledge But when according to the ordinarie custome the eldest succeeds in the Kingdome and hath brethren by the fathers side they enjoy this privildge forasmuch as they are children of the same head This instanceing in France shewes that our Kings are of the number of those that have this priviledge that they cannot bee excommunicated nor interdicted à quocunque as the Decrâ—tall hath it that is By any man whatsoever Which may be understood as well of the Pope himselfe as of others 'T is true the glosse excepts him as also his Legat à latere but that doth not take place against our Kings who by reason of their great deservings and good deeds to the Church are exempt from all such thunderclaps CHAP. IV. That the Councel useth commanding termes to Kings and Emperours and makes them executioners of the Bishops Decrees Of the honour which was anciently done unto them by Clergy men 1 OVr Councell is not content with clipping the rights authorities and prerogatives of Kingsâ— Princes and other Lords to enhanse that of Rome but further it tramples them under foot makes them but officers and ministers to Bishops by commanding them to execute what these ordaine The holy Councell say they doth further exhort all Kings Princes Common-wealths and Magistrates and by virtue of holy Obedience doth command them to interpose their aid and authoritie in behalfe of the said Bishops Abbats Generals and others which have the charge and superintendence for the putting of the said reformation in execution every time and as oft as they shall be thereunto required to the intent that they may without any impediment put in execution the things aforesaid to the glory of almighty God 2 Had there beene no more but a bare exhortation it had beene well enough but this command founds somewhat harsh however it be mitigated with the sweet appearance of a holy obedience for 't is well knowne in what fashion they serve themselves of these faire words This Mandamuâ— is extraordinary and was never vented but from the stomachs of ambitious Popes or their Conventicles Let a man but reade the Acts of ancient Councels Generall or Provinciall he shall finde nothing but humble petitions sweet exhortations prayers and blessings for as much as concernes Emperours Kings and Princes commands to them were not heard of then They are the men who alone have the fountain and arsenall in their owne hands both for things temporall and spirituall who impart them to whom they thinke good Ecclesiastiques have nothing to do but by way of petition they have neither command nor Empire unlesse they cozen the Monarchs of the earth of it they are Physicians of soules subject to secular powers having no weapons at all but censures and anathema's against such as are perverse and irregular This Mandamus therefore is injust both in regard of those which give it and those to whom it is given so it is too in regard of the subject and reason for which it was made in as much as by virtue hereof Princes and Monarchs must be bound to obey the Clergie of their Empires and Kingdomes and that even to the meanest of them They must be bound to assist them with a strong hand to put their ordinances in execution every time and as oft as they shall bee required thereunto and in case they faile herein there will not want thunderbolts to deprive them of their Empires and Dominions 3 In another Decree they sharply rebuke such Bishops as debase themselves too much to Kings and Princes and give place and submit to them in point of honour 'T is true they speake at first of pettie Kings and other Lords but the end of the Decree relates also to such as are of greater ranke where it is said by way of command to Bishops That as well within the Church as without having before their eyes their place and order they should ever remember that they are Fathers and Pastours And as for Princes and all others that they doe fatherly honour and due reverence to them 4 In the same Decree they renew and confirme all the former Decrees and Decretals which speake of the honour of Bishops and put them in course which are noted in the margent by the Popes expositors and amongst others the Epistle of Innocent the third writ to the Emperour of Constantinople whom some thinke to be Baldwin or his brother Henry who were Frenchmen towards the end whereof it is said If the Imperiall greatnesse would wisely consider these things it would not suffer the Patriarch of Constantinople who is in truth a great and honourable member of the Church to sit over against his footstoole and upon the left hand considering that other Kings and Princes doe with reverence stand up as they should doe before their Archbishops and Bishops and allow them a venerable place next after themselves Gregory the thirteenth in his new purgation of the Decretalls hath put this note upon it See here saith he the Councell of Trent in the twenty fift Session and seventeenth Chapter of reformation But let us here adde the rest of the places in the margent that wee may better know what honour this Councell would have Kings and Princes doe to Bishops 5 The Canon Valentinianus containes the resolution which the Emperour Valentinian made concerning the election of Saint Ambrose and the exhortation which he made to the Bishops then present when the question was concerning proceeding to the election Set such a one saith he in the Pontificall See as we that governe the Empire may sincerely put our heads under his hands and receive his admonitions inasmuch as we shall offend as men like medicines from a necessarie Physician See here words that beseeme a Christian Emperour indeed who gives Clergie men that reverence which is due unto them as
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
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—
whither it was adjourned by reason of the plague was â—o free place for them all Then hee prosecutes the narration of the â—arman warres now lately begunne So then the Pope makes warre on the one side and keepes a Councell on the other this is truly and without a figure to beare St. Pauls sword and St. Peters keyes The first Session upon the first of May and the â—econd upon the first of September 1559. were onely for Ladies for there was nothing done King Henry set forth an Edict at the same time dated the third of September in the same yeare containing a restraint of transporting gold and silver to Rome where he sets downe at large the occasiâ—ns of the war of Parma begun by the Pope and amongst other things he saithâ— Which holy father upon a suddaine fit of choler had caused a certaine company of men of warre both horse and foot to be levied and set forth and also enticed and perswaded the Emperour with whom we were in good termes of peace and amity to take armes to aid his forces in the designe of the recovery of Parma and after hee had harrased and laid waste all things wheresoever he pleased in the Countrey of Parma he caused his said forces to march towards the territories of Miâ—andula which hath for a long time even during the life of our late most honoured Lord and Father been in the knowne protection of the crowne of France which hee beleaguered using most incredible and inhumane cruelties towards the inhabitants of the said territory yea such as barbarians and infidels would not have used the like giving the world to know very stoutly that he meant them to us who have not deserved any such thing at his hands or the Holy See 6 There were six Sessions holden in the time of that waâ—â—e the two wee spoke of and foure more in two whereof the most materiall points of faith of manners and Church discipline were discussed and determined as those of the blessed sacrament of the Eucharist Transubstantiation the sacraments of Penance and Extreme Unction as also about the jurisdiction of Bishops where many blowes were strucke at the liberties of our Gallicane Church and the rights of the Crowne Now the warre continued all the time of these Sessions without any intermission for there was no respit of peace save in May 1552. what time the said King put forth another Edict derogatory to the former whereby he licensed the transporting of gold and silver to Rome Wherein he saith Our holy father the Pope having now of late made knowne the love and affection which his Holinesse beares continually towards us by good and honest demonstrations c. But the Sessions we mentioned were ended before this for the fourth of them was upon the 25. of November 1551 and for the two following they did but bandy for balls in them for they treated of nothing but the safe conduct of Protestants aâ—d the suspension of the Councell Now the writing sent by the same Prince to all the States of the Empire February the third 1552. witnesseth that during those Sessions all was on a fire where after he hath laid downe the originall and progresse of the warre of Parma and laid the blame of it upon the Pope and the Emperour whom he impeacheth also of other things he profers his helpe and assistance to the Princes of the Empire We offer saith he of our free and princely pleasure meerly to deliver the German nation and the sacred Empire from that servitude wherein it now is to gaine thereby as Flaminius did in Grece an immortall name and everlasting renowne 7 From this time till the beginning of the yeare 1560. our Councell did starke nothing what time Pius the fourth so soone as he got into the chaire sent forth a declaration for the continuation of it against Easter day the next yeere this Bull was dated November the nineteenth or as some copies have it December the thirtieth 1560. The first Session was the eighteenth of Ianaury 1562. the last December the third 1563. during which time there was nothing but troubles and turmoiles in France so that those of the religion there have good reason to say that nothing could then be passed in the Councell to their prejudice they being debarred of the meanes of going thither It is plain first from the Edict of pacification in Ianuary 1561 that at the time of the calling it there was a great deale of stirre in France and that they had something else to thinke of than of making ready to goe to the Councell For it is said at the beginniâ—g thereof It is too well knowne what troubles and seditions have beene heretofore and are daily raised abetted and augmented in this Kingdome by reason of the badnesse of the times and the diversity of opinions in point of religion which now reigneth This Edict thus made for the good of the Country it was requisite to sue for the publication of it by reason of the difficulties raised against it by the Court of Parliament this hung on till the sixt of March in the same yeere what time the publication was made in some kinde by constraint witnesse those words Obeying herein the Kings pleasure without the approbation of the new religion and all by way of caution Yea more six dayes before upon the first of that moneth was the execution done at Vassy against them of the religion which impestered this Realme in more troubles than ever The Duke of Guise making his party the strongest at Court The Prince of Conde being retired to Orleans which they went about to reforme quickly after in April next So that King Charles set forth a declaration upon his former Edict where he saith towards the beginning Whence it is the more strange that some of them are now risen up in armes and have assembled themselves in great number as wee see in sundry places and namely in our City of Orleans under pretence of a certaine feare which they say they have least they should bee debarr'd the liberty of their conscience and the enjoying the benefit of our Edicts and ordinances in that behalfe 8 They had reason to be afraid lest their consciences should be rifled in such sort as were those of Vassy About the time of the first Session all was in an uproare in this Realme and there was nothing setled concerning the peace as may be gathered from an answere made by the Quâ—ene mother to Mounsieur the Prince of Conde dated the 4. of May 1562 where amongst other things it is said In regard of the violence oppressions murthers and outrages committed since the edict and in despight of it both by the one side and the other her Majestie will cause such justice to be done and amends to be made as the case shall require both for publick satisfaction and also private to such as have received any wrong And also from an edict set forth by
the Iewish law or the Christian should bee preferred Craton the Philâ—sopher who would not possesse any worldly goods and Zenosimus who never received present from any one in the time of his Consulship were appointed for judges With which doth accord to speake it by the way but not much from the purpose that saying of Gerson the learned Chancelour of Paris There was a time when without any rashnesse or prejudice to faith the controversies of faith were referred to the judgement of Pagan Philosophers who presupposing the faith of Christ to be such as it was confessed to be however they did not beleeve it yet they knew what would follow by evident and necessary consequence from it and what was repugnant to it Thus it was in the Councell of Nice as is left unto us upon record So likewise Eutropius a Pagan Philosopher was chosen judge betwixt Origen and the Marcionites who were condemned by him 6 When any upstart opinion or heresie was broached the manner was to proceed against them by assembling Councels against the authors of them whom they condemned together with their heresies which they were forced either to abjure or to suffer banishments and other punishments Hereof we have examples in store so well known that we need not set them down 7 Sometime they had free Councels unto which it was lawfull for the Bishops of both sides to resort dispute and deliver their opinions We have some examples hereof which would suit very well with these times and which we ought to imitate The two Emperours Constans and Constantius the one a Catholique the other an Arrian the one of the East the other of the West to decide the controversies in religion agreed together to call a free and generall Councell at Sardis whither all the Bishops of both parties might have meanes to repaire with all safety Which was done accordingly Then was there a generall Councell appointed saith Socrates and ordained that all should repaire to Sardis a City of Illyrium which was done by the joynt consent and agreement of tâ—e Emperours the one having required so much by his letters and the other of the East having willingly embraced the motion By the consent of both Emperours saith Sozomen it was ordained that the Bishops of either part should meet at Sardis a City of Illyrium upon the day appointed 8 The Councell of Ariminum consisting of above foure hundred Bishops almost all of the West and that of Seleucia of above an hundred and six Eastern both holden about the same time were of the same nature with this For all the Bishops both Catholique and Arrian were without distinction admitted thither both to dispute and to determine The Bishops in those daies were not sworne to the Pope nor did he take upon him to call them but the Emperours who summoned such as they thought good This manner of calling Councels with all freedome is then mainly required when the number of beleevers on both sides is great when the complaints are formall and when there are some ancient opinions defended by whole Provinces and Nations When the case stands thus it is no proceeding by censures and condemnations the one side against the other when all comes to all there is nothing got by that But then they must take a faire way come to conferences treaties of agreement and arbitration This course was taken with the Greek Church in the time of the Councell of Ferrara The Greek Bishops were seated amongst the Latines they conferred together they disputed and gave up their opinions without any advantage the one over the other either for judgement or number and the issue was so happy that in the end they came to an accord The Popes for a long time branded all the French for Heretiques by reason of that poore Pragmatique Sanction which hath beene as much vexed by the Popes since as ever was Psyche in Apuleius by offended Venus Yet in the upshot they are come to those termes of accord and articles of agreement under which we live at this instant 9 Innocent the fourth after he had excommunicated the Emperour Fredericke he and all his Councell make this profer to him in case the Emperour did complaine of injustice to referre the matter to the Kings Prelatesâ— Princes spirituall and temporall assembled about it in a place of safety Why is not the like put in practice now adayes towards those which complaine of this Councell and are ready to defend their cause and justifie theiâ— right 10 This calme way hath beene sometimes attempted in Germany not altogether without successe It hath beene also practised in France when the conference was at Poissy yea and that with such successe that the grand controversie touching the reall presence in the Eucharist so much canvassed amongst us now adayes was there composed by the twelve deputies in spite of all the opposition made by those that envy the quiet of France And what great matter were it to try that way yet once againe by generall or particular conferences We must of necessity be driven to one of the two meanes formerly proposed to wit either that Christian Princes appoint certaine Iudges some Clergy men some Lay men an equall number of both religions or that there bee a friendly meeting about it where they may continue victorious right or wrong as most doe now adaies but with a holy desire to live from thenceforth in peace or stop the veines that have shed so much blood For to have recourse to the rigour of the formalities and caltrops of the Councell of Trent is but for men to cosen themselves the event hath proved the designe to bee naught This Councell instead of appeasing the troubles did excite them and invenomed those mindes which were exulcerated before In stead of setling the repose and unity of the Church it raised warres in Germany the Low Countries and in our France not onely during the time of the sitting but afterwards and this is the reason why King Charles did earnestly sollicit the Fathers there by his Ambassadours to the embracing of peace Marke what the Cardinall of Lorrain sayes to them about it in his learned Oration 11 The most Christian King although hee be throughly perswaded of all these things and expect nothing from us which may make against them yet there are two things whereof he puts you in minde out of the good will he beares towards the Synod and the great vexation he endures by reason of these differences in Religion First that as much as we can we avoid all new controversies that wee lay aside all uncouth and impertinent questions tâ—at we bend all our forces as much as we may to effect that Princes and Provinces would give over their warres Wee must be farre from any desire of stirring up warres that so they who have departed from us and are cut off from the Church of God may not thinke that this assembly was rather
of great personages than liberty of conscience which is much to be feared in a matter of this nature But as for you Sirs who are here assembled in the name of God you acknowledge no superiour but the honour of God and the quiet of his Church 4 And presently after he addes If wee will apply our selves to the humour of this or that Prince whatsoever and if we chuse rather to mistake the truth by that meanes than embrace our owne salvation and the right managing of affairâ— there is no question but the neglect of our duty deprives us of the glory of heaven and if so be there be any default of yours in this respect howbeit your vertues doe assure me of the contrary the state of religion will be so desperate that there will be no hope of remedy left I have seene the originall copy of a letter in the hands of a learned Catholique dated the 19 of May 1563 written from Trent to Rome by Monsieur de Lansac King Charles his ambassadour at the Councell of Trent unto Monsieur de Lisle the same Kings ambassadour to the Pope wherein he intreats him to deale so that the Pope would leave the Councell to their liberty and send the Holy Ghost no more in a Clokebag The Lord de Ferriers assisted by the Lord of Pibrac in his oration delivered in September 1563 touching the precedency of the King of France before the King of Spaine accuseth the Pope of bereaving his eldest son of the honour that belongs unto him of arrogating unto himselfe power over the Councell and prescribing unto it what it must follow and observe And in the letters written by the same Ambassadours unto King Charles the 25 of November 1563 upon occasion of their retiring to Venice they say amongst other reasons they departed from the Councell Because nothing was done there but what pleased the Pope and hereupon they stood so long upon determining things proposed if there was any difficulty because they must send to Rome to seeke the Popes resolution 5 This is also the great complaint which hath ever beene made and that justly by the Protestants of Germany Heare what Paul Vergerius who had formerly been the Popes Legat in Germany against Luther and the Protestants speakes concerning it in an Epistle of his to the Bishops of Italy I desire you moreover to consider a little and throughly to informe your selves of that which Pope Paul the third and Iulius the second lately deceased were wont to doe they framed Ordinances and Decrees to their carrier then they sent them to Trent with an expresse injunction that nothing should be determined but what they commanded Which I know to be very true because in the time of Pope Paul my selfe being then Bishop was at Trent from whence I was ferreted because I was suspected to have taken notice of it whereupon they were afraid lest I should disclose it howbeit I knew but very little of it at that time And there is none now but knowes that all the definitions which were first made at Rome by the Popes commandement were sent afterwards to the Legat that he might looke well to this that the divines observed the same order and platforme in their disputes as was prescribed to them Whence it came to passe that they commonly say nowadayes The Holy Ghost came to Trent packt up in a Clokebag 6 A learned man of those times among the Protestants called Fabricius Montanus hath made a great complaint hereof in a speech of his pronounced before the States of Germany which is contradicted by Fontidonius a Doctor in Divinity he that made the speech in the behalfe of the King of Spain at that Councell I shall content my self with two passages which that Apologist labours to refute in his rejoynder As for that saith he which you urge and account for a fault that the Pope doth not submit himselfe to the Councell but rather the Fathers of the Councell are subject to him what furtherance can that bring to your cause And in another place You rake up many calumnies not crimes which you doe not confirme by any arguments as that the Fathers of the Councell doe wholy conforme themselves to that which is prescribed in a certaine schedule containing the declaration of his pleasure There are many other writings besides wherein may be read the same complaint 7 Howbeit the Doctor doe peremptorily deny that it was so and sayes that the Pope and the Councell did accord very well yet for all his answer it is not amisse to tell him what Onuphrius saith in the life of Paul the third for it serves very well to our purpose Being thus highly offended with the Emperour saith he without any dissembling of it he beganne to thinke of suspending the Councell which he had formerly commanded to bee kept at Trent in courtesie to the Emperour and of removing it to Bononia which he was the more willing to doe because hee had understood how his dignityâ— was taxed and disparaged by the malice of some suâ—orned Prelates in certaine sanctions decreed upon in an odious disputation See what the Popes use to doe when the Councels doâ— not please their palat and doe what they would have them so Pope Eugenius dealt with the Councell of Basil and Pope Iulius the second with that of Pisa. This transferring of the Councell was put in execution howbeit it was contradiâ—ted by divers Bishops as appeares by the eighth Session 8 We will conclude we need not seeke a more authentique proofe hereof â—han the determinations of the Councell it selfe which were all entirely submitted to the Popes authority and which for the most part tend to no other end but the support of his greatnesse So Pius the fourth in a publique oration of his delivered in the Consistory after the conclusion of tâ—e Councell thankes them heartily for having such a tender regard to his authority when they went about an Ecclesiasticall reformation in so much that if hee had undertaken to reforme himselfe he should have gone more severely to worke as appeares by that Oration printed with the French translation of the Councell of Trent which was very wisely retained by a learned Sorbonist But indeed it is a thing not much to be marvailed at for what could such men doe else which were not their owne masters which were bound to the Pope by such a strict oath that they durst not flinch from him yea they durst not so much as speake the truth in what concerned him So said AEneas Sylvius in an Epistle to the Chapter of Mayence Even to speake truth against the Pope is to breake the oath of a Bishop And indeed marke the purport of one of the clauses in the new oath They shall disclose and effectually hinder with all their might whatsoever shall be plotted negotiated or attempted against the Pope They are also tyed by the ancient forme To defend the Popedome of the
were true which the Pope alledged or no providing that in imitation of the Kings of Spaine the Clergy did not meet to determine such controversies elsewhere than in the Kings Court. On the other side he writ to Arteaga his Proctour at Rome to goe and greet the Pope with all reverence and offer unto him in his name not only the tenths of his Dioces but even all the commodity all the moveables of the Churches all the gold and silver coyned or uncoyned which could be found in the Priests coffers and the Chappels and Churches but that he should earnestly intreat him withall openly to declare his purpose and resolution concerning the preparation of the Holy Warre For he would never be a meanes to make the Spanish Clergy tributary whom hee had appeased having been already in some commotion without very just cause He injoyned his Proctour also to inquire diligently what was the determination of the Councell of Lateran concerning those tenths Arteaga having informed the Pope of these things together with Lawrence Putius and Iulius de Medicis Cardinals the Popes privado's they made him answer in this sort That the Pope had not as yet imposed any tenth upon the Clergy neither by authority of the Councell nor otherwise Nor would he impose any but in case of extremity and when his affaires did not only require but compell him so to doe according to the last Decree of the Councell of Lateran But he laid the blame upon Iohn Ruffus Archbishop of Cosenza the Popes Nuncio in Spaine who had as they said divulged these things very iudiscreetly Wherefore the Clergy of Spaine might sleep secure for ought that concerned the paying of tenths And there was besides a Bull of the Popes shewed to the Proctour which was shortly to bee published which concerned the Act of the Lateran Councell Yet Ximenius so soone as hee understood all these passages from Arteaga did not let for all that to call the Clergy together who met all at Madrid a little before hee went to Tourverte For Peter Martyr who was present at that Synod as Proctour of the Church of Granada as appeares by his epistles declares how that it was adjudged by common consent to deny that tenth which consultation was commended by the Archbishop of Toledo promising to patronize and defend it if need required It is also plaine out of the Epistles of Bembus set out under the name of Leo that this tenth was really exacted and that it was no flying rumour or opinion But as I thinke in Italy only or other of the Popes dominions CHAP. VI. Of other demandes concerning the abuses of the Court of Rome 1 COnsequently to what we have already delivered in the former Chapters concerning the greedinesse and insatiable desire of the Court of Rome we will set downe this certaine complaints and demands exhibited by the States of Germany in this behalfe The first whereof shall be against the proviso's and clauses made at Rome concerning all maner of benefices to the defeating of the Patrons both Ecclesiasticall and Lay of their right of advowson by divers subtle fetches And all this for the great wealth the Court of Rome gaines by this meanes and which is brought in thither out of all the Kingdomes and Provinces in Christendome This demand deserved to have beene well considered of yet it was not it is attended with many grievous complaints hereof made in divers ages The Statutes of our Kings speake throughly of it and amongst others that of Charles the eighth of the 18 of February 1406 the words whereof are these Some yeers agoe the Popes of Rome in despite and contempt of the Decrees of ancient Fathers and Generall Councels have brought all Ecclesiastical dignities Cathedral and Collegiate under their disposall and all others of greatest value next after Bishopriques they have granted livings in reversions upon the Vacancie to any that would sue for them which hath beene an occasion for one to thirst after the death of another They have invented abundance of tricks whereby they have utterly annihilated the power and authority of the Bishops Chapters and Colledges insomuch that there is none now that hath the power to present to a living 2 S. Bernard toucheth this abuse to the quick in his books De Consideratione which he dedicâ—tes to Pope Eugenius Never tell mee of the words of the Apostles who saith Being freeâ— I am made the servant of all The case is far otherwise with you for to my knowledge there come unto you from all parts of the world ambitious people covetous Symoniacall sacrilegious adulterous incestuous and such like monsters of men to obtaine or retaine Ecclesiasticall dignities by your Apostolique authoritie c. 3 The Bishop of Mende put up this abuse in the Councell of Vienna to bee reformed For after he had said that every Bishops jurisdiction ought to be preserved intire to himselfe he addes That Ecclesiasticall benefices which belong to the collation and disposall of Bishops are bestowed by the Sâ—e Apostolique and others even before they be void and that not only in the Court of Rome but out of it howbeit the Bishops must give an account of the cure and of those that execute them whose consciences they are utterly ignorant of in asmuch as they are none of their preferring He would never have demanded the reformation hereof unlesse the abuse had beene notorious 4 Marsilius of Padua his contemporaâ—y tels us as much The Bishops of Rome saith he reserve unto their owne power immediatly the bestowing almost of al Ecclesiastical Preferments yea even unto the meanest basest oâ—â—ices yea of such as may agree to meere Lay men for any thing that concernes Churches by meanes of which reservation they abrogate and make void all elections how legally soever they were made though of approved and sufficient men 5 The Cardinall of Cambray puts this also amongst those things which ought to be reformed in the Church It is further expedient saith he to provide against certaine grievances which are offered to other Prelates and Churches by the Church of Rome namely about bestowing of livings and election of dignities Nicholas de Clemangiis makes a very bitter complaint against it in his Book De ruina reparatione Ecclesiae where speaking of the Popes he saith They have arrogated unto themselves the right of disposing of all Churches in all places as farre as Christian Religion reacheth of all Bishopriques and dignities which are conferred by election voyding and disanulling the Decrees formerly made by the holy Fathers with so much care and commodity that so they may by this meanes fill their owne budgets the better And a little after But it may be peradventure that the Bishops of Rome tooke the creation of other Bishops and disposall of the highest dignities in the Church into their owne hands quite abolishing all elections to the end that by their providence the Churches might be the
and feed Mules than men 11 As for strangers preferred to benefices by the Popes there have been alwayes great exclamations by reason of the many evils inconveniences which follow of it which have beene divers times exhibited but to no purpose Marsilius of Padua urgeth this abuse and shewes that many are elected by the Popes who cannot communicate or talke with those who are committed to their charge Wherefore saith he speaking of Iohn the 22 let him answer Christ who against or after elections made or to be made among other monsters which he hath made and doth yet make hee hath created two Bishops his owne countrey men of Languedoc one of Silchester in England the other of Londes in Dacia over those people with whom they cannot have any conference by discourse As for their manners and learning it concernes not me to speake of them Let the Bishop of Rome tell mee say I how that shepheard shall call his own sheep by their name as knowing their conditions by their confessions and reproving them or how can the sheep follow him by hearing the voyce of his preaching and teaching 12 M. Iohn Gerson in his treatise De defectu virorum Ecclesiasticorum wherein he sets downe such things as ought to be reformed in the Church puts this That knowne men and such as are most fitting be elected out of the same Countrey that strangers in manners Language and education bee not sent and set over Churches King Charles the 7 in his Edict the tenth of May 1431 assures us that it is a law established by his Predecessours confirmed by the Ordinance of his deceased Father Charles the 6 intimated to the Councell of Constance and Pope Martin He further treats of the inconveniences and prejudices which follow upon it when they are admitted as that divine service is â—hereby neglected by reason of their non-residence that the Schooles of the Kingdome are unprovided of Students and left desolate that it is a hard case to see the noble and brave Scholars of the Realme unprovided and strangers preferred that by this meanes enemies and adversaries may bee acquainted with the secrets of State and the estate of the Land that strangers reape the profits and get the honours of it 13 Lewes the 11 in an Ordinance made 1464 speaks hereof in this sort Howbeit that by priviledges expresse and Ordinances royall no man can have any elective benefice within our said Kingdome unlesse he be a native and that for the safety of us and our said Kingdome and Dauphine it concernes us much that the Bishopriques Abbeys and other dignities and elective benefices be furnished with able and knowne men such as will comply with us and be firme and sure for us especially such as hold the said benefices and by reason of them divers places and fortresses for which divers duties and services belong unto us from them yet notwithstanding our late pious Father granted the said favours and patents so plentifully and to all manner of persons of what Nation Kingdome or Religion soever they were without distinction that many under shadow and pretence of these licences and patents have insinuated and intruded themselves into the said dignities and elective benefices of our said Kingdome and doe hold them howbeit many of them are strangers unknowne and not to be trusted by us and such as neither can nor ought to performe those duties and services which they are bound to doe unto us by reason of the said benefices 14 And the Court of Parliament in those Remonstrances which they made unto him amongst other inconveniences which they urged would follow upon the abrogation of the Pragmatique Sanction say By this meanes strangers would be prâ—ferred by the Pope and not the natives of the Countrey wherein the benefices lye not of the same qualities and conditions with the Countrey Whereupon would insue questions and controversies betwixt the Churchmen or Seculars to the great hindrance of the salvation of soules and irreverence of the blessed Sacraments 15 Henry the 3 in the fourth Article of the Ordinance of Blois We meanâ— not that from henceforth any shall be preferred to any Archbishopriques Bishopriques Abbeys or to be Generals of Orders neither by death resignation nor otherwise unlesse he be a naturall Frenchman notwithstanding any dispensation or clause derogatory to these presents which they can obtaine from us whereto we will not have any regard to be had The deputies of Paul the 3 touched upon this string in their reformation That no benefices say they in England or Spaine be conferred upon any Italian nor on the contrary Which ought to bee observed aswell in Presentations upon vacancy by death as by resignations wherein regard is only had to the pleasure of the resigner and nothing else Their Counsell did no great good for there was nothing done in the point for all that CHAP. VII Of suits commenced at Rome and of the entrenching upon other Courts of Iustice and jurisdictions GERMANY complained also of suits commenced at Rome concerning benefices which is a very usuall ancient complaint backed with sound reasons seeing that from hence comes the squeazing of Provinces both of their men and money and abundance of other evils and calamities Charles the 6 in the Ordinance of the 18 of February 1406 They insert divers clauses in thâ—ir Buls which are sometimes inextricable they make divers rules beside the law or else quite against law which they revoke at their pleasure insomuch that the most clear-sighted cannot discerne who hath best right amongst divers pretenders Hence arise infinite suits in law which they must goe and prosecute out of the Kingdome with great expence and charges 2 Charles the 7 in the Ordinance made 1422 Divers of our subjects and others by virtue of resignations or Apostolique Buls doe take and receive and endevour to get and obtaine benefices within this Realme and take possession of them and labour to summon or cause to bee summoned our â—â—ige subjects unto the Court of Rome or before some Commissioners or Delegates appointed by our Holy Father which is downright to oppose the rights and liberties of the Church and Clergy Lewes the 11 in an Ordinance of the 16 of August 1471 The most of the benefices in our Kingdome are in suit in the prosecution of which suits a huge masse of money is strangely spent and squandered away nor is it certainly knowne to whom the livings doe of right appertaine or belong Whereupon divine service instruction of the people and administration of the blessed Sacraments are oft-times left off and the revenue of the livings whiâ—h should have beene bestowed upon the reparations of the Churches there is imployed in charges of Law and suits Whereupon some great mischiefs and inconveniences have and doe daily come to passe 3 Nicholas de Clemangiis in his booke De ruinis reparatione Ecclesiâ— after he hath spoken of the Canons and constitutions
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
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
the Pope stands to have superiority over the Emperour which is ridiculous to speake and odious to heare For naturally ever since the beginning of the world not only Lay men but the Clergy also have beene subject to the power and jurisdiction of the Empire 20 Speaking in another place of a womans joynture aliened by the husband This he saith cannot bee recovered by the wife when shee is bound by oath according to the Canon law which in this case is repugnant to the Civile The Canon law saith he is observed even in the lands of the Empire Here take notice how the Popeâ— usurpes upon the jurisdiction of the Empire in this as he doth also in divers other things which commeth to passe by reason of the inexperince of the Emperours 21 Theodorick de Nihem in his third book De Schismate speaks his minde very roundly exclaiming against those who put two swords into the Popes hands Now that the Empire saith he depends principally and immediatly upon God as well as the Church or Ecclesiasticall power is manifest by evident reasons It is further confirmed by that Decree where the Pope writes to the Emperour My Church over which our God hath ordained my Priesthood while you governe humane affaires c It is proved also by divers testimonies out of the Law Whence it followes that they talke sorrily and soothingly who say that the Pope or the Church hath two swords the spirituall and the temporall whereas it is said in the Gospel Put up thy sword into thy sheath For if both the swords were in the Popes power the Emperour or the King of the Romans should have that title falsely and vainly given unto him But these flatterers by such like words and writings breed a great errour over all Christendome and raise as it were a continuall emulation or contention betwixt the Pope and the Emperour For by this meanes the Imperiall authority is trampled under foot and his power called in question to the great dammage of the whole Common-wealth 22 Antonius de Rosellis in his book De potestate Imperatoris Papae saith It is a foolish and hereticall opinion that the whole disposall of temporall things iâ— or ought to be in the Popes power or any other Ecclesiasticall persons He saith further He omittes that and laughes at it which some use for a shift That the dominion over temporall things belongs to the Pope habitually and in power though he doe not immediatly actuate it but by the mediation of the Emperour who as they say receives the Empire from the Pope and the administration thereof so as he depends upon the Pope For upon whom the exercise is bestowed to him also is the habit given much more seeing that virtue consists in the act not in the habit And in another place Whence it followes that the Pope hath not the power of electing and crowning the Emperour by virtue of his high Priestship which he received from Christ But he performeth the coronation by virtue of his commission granted unto him by the Empire which may also bee revoked upon occasion 23 Albert Krants a Dutch Historian and devine who lived a little before these late broyles about religion speaketh so of the creation of Kings which the Pope challengeth as that he plainely shewes that he dislikes it For telling a story of a Duke of Cracovia whom Pope Iohn the 22 created King of Poland Then saith he the Popes were come to that majesty which Secular Princes call presumption that they created Kings 24 In the Act of the Protestation made by King Charles ann 1563 upon the monitory of Pope Pius the 4 set out against the Queen of Navarre wee finde this clause worthy our observation As for goods the King thinks it strange that the said Holy Father will intermeddle with the confiscation of goods within his Kingdome or with the diminution or disposing of them as the said monitory affirmeth contrary to all the constitutions and Canons of Councels that were ever yet seene upon record in the bookes of his predecessours 25 But there is nothing more masculine generous than the Remonstrance of that noble Parliament of Paris exhibited to the deceased King against the Bull of Sixtus Quintus ann 1585 whereby he excommunicated the King of Navarre our Soveraigne that now is and the Prince of Conde depriving them of their goods and Lands As for the holy Bull the Court doth finde it to be of a new stile and so farre from the modestie of the former Popes that it hath no affinity with the wayes of a successour of the Apostles and forasmuch as wee doe not finde in our records nor in all antiquity that the Princes in France were ever subject to the justice of the Pope nor that the subjects sat in judgement upon the Princes religion the Court cannot take it into consideration till the Pope doe first shew some right which he pretendeth for transferring of Kingdomes ordained and established by God before ever the name of Pope came into the world till he have shewed us upon what title he meddleth with the successour of a Prince full of youth and strength and who naturally ought to have his heires of his owne body Hee must informe us with what colour of piety and religion he bestowes that which is none of his owne he takes from another that which belongs unto him hee putteth vassals and subjects in rebellion against their Lords and Soveraignes and reverseth the grounds of all justice and civill government 26 As for the absolving of subjects from the oath of allegeance to their Lords and Princes the last words of Ralph Duke of Suevia whom Gregory the 7 had caused to rise up against the Emperour Henry the fourth loosing the tye of that oath which bound him to his Prince and creating him Emperour are sufficient proofe to any man that it is a very unlawfull act You see saith hee to his familiars how my right hand is sore of a hurt it is the hand whereby I swore to Henry my Lord and Master that I would never annoy him that I would never lay in ambush to intercept his glory but the Popes commands brought me to this to breake mine oath and usurpe an honour which was not due unto me You see what end it is come to I have received this mortall wound upon this hand which broke the oath Let them then who have incited us so to doe consider in what manner they urged us for feare that wee bee not brought to the downfall of eternall damnation 27 Sigebert speaking of the samâ— Henry and of Pope Vrbane the second who had also excommunicated him deprived him of his Empire and absolved his subjects of their oath of allegeance I dare say saith he by the favour and good leave of all honest men that that new doctrine that I call it not heresie was not yet come into the world That his Priests
the Synod cryed with one voice That they would stand to that definition of faith which had beene rehearsed the Iudges contradicted it saying that it was defective and that it was requisite to adde something to itâ— which was the cause why they met in the Oratory of St. Euphemia where the forme of faith was drawne as hath been said I will transcribe the whole passage 16 The Bishops cryed with a loud voice Let the definition stand or else let us dye The most magnificent and Right honourable Iudges said Dioscorus did say I admit that of two natures The most holy Archbishop Leo did say There are two living natures inconfusibly inconvertibly indivisibly in the one and onely Sonne of God IESVS CHRIST our Saviour Which of the two doe you follow Whether holy Leo or Dioscorus The right reverend Bishops shouted Wee beleeve as Leo beleeved those that doe otherwise are Eutychians Leo hath well expounded it The most magnificent and Right honourable Iudges said So then you adde to the rule of faith according to our holy father Leo's opinion that there are two living natures in Christ inconvertibly inseparably and inconfusedly And these Right honourable Iudges being entreated thereunto by all the rest went into the Oratory of St. Euphemia together with Anatolius c. And after they had treated of the holy faith they came forth and all sate downe And the copy of their determination was read by the appointment of the Iudges as wee said before 17 Now if wee shall make it yet appeare that the Iudges opinion was followed and that addition which they insisted upon was admitted What can be said more Now marke what it containes amongst other matters So then â—onsenting to the holy Fathers wee teach all with one accord to confesse one and the same Sonne IESVS CHRIST our Saviour to be one in two natures inconfusedly immutably indivisibly inseparably If this may not be called judging of matters of faith then I may put up my pipes 18 Yet for the further clearing of the point in hand wee will compare the Presidence of the Popes Legats in one Action with that of the â—udges to see if they wrought any greater wonders than the Iudges See first the power which they assumed That such things as should bee proposed might bee judged by their interlocution The Iudges had the very same power of interlocution For at the end of the second Action thus they speake That which wee interposed by interlocution takes effect And at the beginning of the seventh The Right honourable Iudges said Wee have thought it necessary to give notice of these things before the holy Synod to the intent that what shall bee resolved hereupon may bee confirmed by our sentence and interlocution The Legats pronounced the sentence of condemnation against Dioscorus So did the Iudges the sentence of absolution for Theodoret in the eighth Action The words are these The Right honourable Iudges according to the decree of the holy Councell said The most holy Bishop Theodoret shall receive the Church of Cyrrha 19 It must bee further observed that Bellarmin was a litle too hasty when hee read the Councell of Chalcedon else hee might have found that what he cals the pronouncing of the sentence was no more but a bare proposall made by the Popes Legats unto the Councell to cause the assembly to consult upon it and that this is true see here their conclusion So as this great and holy Synod ordaine what shall seeme good unto it in the case of Dioscorus And afterwards follows the giving of voices Besides by his account all the Popes Legats that were present at the Councel should have been Presidents which is not true for none but Paschasin was As appears by Pope Leo's request to the Emperour Martian in that behalfe and that of Paschasin then when hee officiated as President and by the subscriptions both of himselfe and his fellowes for hee only and none else takes upon him the quality of President 20 Let us now come to other Councels Iustinian the Emperour did not preside himselfe in the Councell of Constantinople holden under him in the time of the Patriarch Mena but hee determined of the Presidence that is hee chose and nominated the Presidents of it to wit the Patriarch of Constantinople with whom hee joyned as assistants those whom the Pope sent Hear what the very Acts of that Councell say concerning this point After the Consulship of Belisarius the most holy and most happy Oecumenicall Archbishop and Patriarch Mena being President in the citie of Constantinople the most excellent and most holy Bishops Sabinus and Epiphanius sent out of Italy by the See Apostolique sitting upon his right hand as coadjutors by the command of Iustinian the Emperour 21 It is objected that this Councell was not Vniversall I grant it but so as it bee granted mee withall that neither was the Pope universall and that it belonged not unto him to preside in all Councels If hee had any right to preside in Generall Councels much more had hee in nationall especially then when hee was called unto them or was present at them upon any occasion 22 As for the fifth General Councel which is the second of Constantinople holden under the same Iustinian by his command wee shall make it appeare â—non that all things were carried there by him and his authority although himselfe were not present at it no more than Pope Vigilius who having travailed from Rome to Constantinople and being there at that time the Councel was holden yet had never the courage to goe unto it 22 The Emperour Constantine the fourth was President of the sixth Generall Councell of Constantinople and divers of his Officers assisted there by his command whose names and qualities are registred in the Acts of it Loe here the words The same Emperour Constantine being President in a place of the Palace which is called Trullus there being present there as auditour Nicetas Exconsul and a Patrician and maister of the Offices Imperiall Theodorus exconsul Patrician c. Which is repeated in every Action of it And as for the Popes Legats they are indeed marshalled in the first place amongst the Patriarches and Archbishops but not as Presidents but because the priority of honour amongst the Clergy belonged to the Pope Where it is to bee observed that in Councels ordinarily the Legats and Vicegerents tooke the same place of honour that belonged unto him that sent them And of a truth in the Acts of this same Councell there is one Peter a Priest and Monke the Patriarch of Alexandria's Legat placed betwixt the Patriarches of Constantinople Antioch and another Priest and Monke called George the Patriarch of Ierusalem's Legat put between the same Patriarch of Antioch and the other Bishops The like may bee seene also in the Acts of the second Councell of Nice 23 This Councell is wholly approved by the Pope And it is yet further observable in
Councell of Constantinople begun before this Nectarius was admitted Patriarch who was formerly a Patrician and Senatour and by consequent a Lay man Which is further confirmed by the letters of the same Synod of Constantinople to that at Rome where it is said We have created Nectarius Bishop of Constantinople in the open face of the General Councel with unanimous consent before the Emperor Theodosius and all the Clergy the Citie likewise consenting thereunto This being so I am afraid wee must bee forced to seeke the presidence in some other than Nectarius And without doubt the Emperour was the man let Bellarmine say what he will who removes him far from the Councell telling us how he sent the Popes letters thither which contained the convocation of it The Councell hath already enformed us by their letters which they sent to Rome that the Emperour was present at the election of Nectarius And Zonaras testifies that he assisted at the Councell after the creation of Nectarius Great Amphilochius saith he desired the Emperour that the Arrians who spoke ill of the sonne of God might be banished the Citie or at least prohibited from having any assemblies but perceiving that Theodosius set light by it having taken a time of purpose when Arcadius the Emperours son sat in the Councell with his father he did unto Theodosius both in word and gesture that honour which was due unto him as Emperour but unto Arcadius he said no more but God save you my sonne Whereat the Emperour being offended this holy man told him You who are but a man take it â—einously out that your sonne should be sleighted doe you thinke that God is not offended also that his only sonne should be evill spoken of 6 Come wee now to the third Generall Councell which was holden at Ephesus It hath been said above that Theodosius the younger sent one Candidianus thither for his part to preside there but with a limited power not to intermeddle with points of divinity This limitation was a reason why there was another to manage the action to wit Cyrill Bishop of Alexandria namely for such matters as Candidianus had no commission to deal in Now the question is whether Cyrill was chosen by the Emperour or by the Councell or assumed the presidence as of right belonging to himselfe And it is further questionable whether he presided in the quality of the Patriarch of Alexandria or of the Popes Legat. We cannot well resolve either one or other of these questions for want of authorities for the ancients doe not specifie whether he had this Presidence by election or intrusion or toleration And for the other query wee have nothing to say to it for certaine Hee was president 't is true he was the Popes Legat 't is true too But for all this it will not follow that the Presidence was granted unto him as the Popes Legat for so the rest of the Popes Legats should have been Presidents aswell as he which no ancient authour ever yet affirmed So all the places which are brought to prove the Popes Presidence in that Councell in the person of his Legats speake but of Cyrill only whence it follows that they exclude the rest â—rom it 7 There is yet a very notable reason which is that before there was any talke of this councel of Ephesus the Pope had sent Cyril in his stead to put the sentence in execution which was by him pronounced in his Councell at Rome against Nestorius Patriarch of Constantinople in case he did not relinquish his heresie within ten dayes after admonition For behold what the same Councel saith of it in their letters writ to the Emperours Theodosius and Valentinian Celestine the most holy Bishop of Great Rome signified by his letters the sentence passed by him and his Councell at Rome before any Synod was assembled at Ephesus and had delegated Cyrill to put in execution what had been adjudged by him at Rome and sent him in his place and stead And in deed the Pope thinking no more of that delegation sent afterwards other Legats for the Councell of Ephesus which yet did not preside there Which plainely shewes that Cyrill was president in some other quality than of the Roman Legat seeing they who had particular and expresse charge from the Pope to assist at that Councel for him and who came in fresh in his behalf had more right so to do than hee who had beene onely delegated by him to put a sentence in execution 8 For the fourth Generall Councell which was that of Chalcedon it iâ— plaine from what we have said of it already that one of the Popes Legats presided only in one Action and that in the absence of the Emperour and his Officers and not as a true President neither but as one who found himselfe to bee the most worthy person in degree of honour neither the Emperour nor the Councell having made other election besides that the Pope strongly affected this presidence that he writ to the Emperour about it that he complained to all the world of it that hee had given instructions to his Legats that they should be sure to take the place without suffering themselves to be prayed to it yea without being invited to it Nor can there be any advantage for the Pope taken from that which Zonaras saith in the third Tome of his History That the Pope was Prince of that Councell for that signifies he was one of the heads for Zonaras speakes as much of the other Patriarchs calling them Princes or prime men of the Councell The Princes of this Councell were saith he Leo Pope of Rome Anathalius Patriarch of Constantinople and Iuvenal of Ierusalem 9 For the fift Generall which is the second of Constantinople Bellarmine grants that Eutychius Patriarch of Constantinople presided at it and not Pope Vigilius but he addes that Vigilius might have beene president if he would He proves his assertion by the authoritie of Zonaras who makes against him if we reade the passage entire and not by halves as hee cites it for saith hee Vnder Eutychius that is the Patriarch of Constantinople the fift Councell was assembled consisting of 165â— Fathers of whom Vigilius Pope of Rome was Prince and Eutychius of whom we have spoken already and Apollinaris Patriarch of Alexandriaâ— See here the Pope was not president himselfe alone but had his associates which he will not allow And therefore wee must have recourse to what we have said before that the word Prince is taken for the principall among the Clergie whether for learning or dignity and this is the reason why all the Patriarchs amongst whom he of Rome is chiefe are called Heads or Princes of the Councell but there can nothing be inferred from thence for the presidence And to the end that we may put this exposition out of all question which is in it selfe most true over and above those passages of Zonarasâ— whereof we
confirm'd by this Councel of Trent The words of the Decree as they are in the French translation by Gentian Hervet Canon of Rhemes are very remarkable It pleased all the fathers to make an end of this holy Councell and that his Holynesse should be desired to confirme it saving only three who said the confirmation needed not be required Wherefore wee the Legats and Presidents conclude this holy Councellâ— and desire the confirmation of it from our holy father in as earnest manner as is possible That which is spoken here of those three is razed out of all the Latine copies which were printed since It is a losse that the names of those honest men who were of that sound judgement are not knowne 2 See here a Decree which doth not a little enhanse the power of Rome The Popes heretofore cryed most stoutly that it belong'd to them to authorize and confirme Councels yet for all that no body beleeved them This Councell states the question and will not have any to make a scruple of it hereafter So that if the pope thinke good it is a thing done to his hand there needs no more talking of it As for the Emperour and Kings and Princes and all other persons whatsoever no matter for them they have no more to do but receive what shall be sent them to execute what shall bee enjoyn'd them without making any bones of it referring themselves in all things wholly to another mans trust 3 And the worst of all is that by assembling this power of confirmation the Pope pretends to bee above the Councell For amongst other arguments which the Romish Doctours use to prove the Popes power to be above the Councels this is one that hee conformes and rejects the determinations of Councels To repell this errour wee shall prove three things 1 That in the approving of Councels the Popes have no more authority than other men 2 That the approbation of them made by them in times past hath not wonne them any supreme authoritie over Councels 3 That for point of approbation Emperours and Kings had anciently more power than they 4 For proofe of the first wee say that anciently after the celebration of Councels the Synodicall fathers as also the Emperours were wont to give notice unto those that were absent and to the Provinces of such things as had bin determined in them to the end that they might conforme and give their consent unto them yet so as there can bee nothing observed which makes for the See of Rome in particular This course the Councell of Nice useth towards the Church of Alexandria and the Bishops of Egypt Lybia and Pentapolis as is apparent from that Epistle in Theodoret. Victorius testifies that the Nicene Creed was sent over all the world almost approved of all The first Councell of Ephesus writ in generall to all the Provinces and sent their Canons and Decrees unto them The Acts of the Councell it selfe doe witnesse it wherein the letters directed to them upon that occasion are inserted The Councel of Sardis did the like to the Bishops of the whole Chuâ—ch Catholique whose letters to that effect wee may read at this day The Emperours kept that authority to themselves principally of sending abroad what had beene determined in those Oecumenicall Councels to the intent that every man might become conformable thereunto The letters of Constantine the Great directed to all the Provinces of his Empire to that effect doe fully testifie as much And in stead of doing it by their owne authority the Popes will needs say they did it only as executers of their and the Councels Decrees wherein they have grossely abused those that have been too credulous towards them 5 Provinciall Councels tooke the same course of proceeding and gave notice one to another of their determinations and of the Canons and Decrees which they made to the intent that they might mutually conforme one to another So the Councel of Gangra in Cappadocia did to the Bishops of Armenia So that of Aquileia to the Bishops of the Provinces of Arlesâ—nd â—nd Narbon So that of Valentia to the rest of the Bishops of Gaul and the Clergy and people of Friuli So the third of Carthage to the Bishops of Numidia Mauritania and Tripoly Pope Syricius after he had held a Councell at Rome of eighty Bishops tooke the very same course in acquainting the Bishops of Africa with the resolutions of it as also another Councell holden at the same time at Telense formerly a citie of Italy Pope Damasus with other Bishops Synodically assembled at Rome acquaint the Bishops of Illyrium with the resolution they had taken for rejection of the Councell of Ariminum 6 On th' other side the Councell of Arles holden under Constantine the Great doth the like to Pope Sylvester But to the end that such as ascribe unto him authority over Councels may not wrest it to their advantage I will set down the very words as they are recorded at the beginning of the Councel To their holy brother Sylvester Marinus or the assembly of Bishops that was in the Citie of Arles greeting We signifie unto you of our charity what we by common counsell have decreed to the end that all men may know what they ought to observe for the future There is an ancient Chronicler that relates how when there was a Councell holden at Carthage of two hundred and sixteen Bishops the Synodicall Decrees thereof were brought to Pope Zozimus where being approved the Pelagian heresie was condemned all the world over The Pope hath not yet gained any thing by all this There is nothing for him in particular but here 's it which is presupposed namely that the authorising of the Canons and Decrees belongs unto him alone exclusively to all others Let us evidence the contrary 7 Victorinus testifies that when the determination of the Councel of Nice was sent every where it was approved of by an infinite number of Bishops The Councell of Nice was approved by the third of Carthage in the Acts whereof it is said That the confession of faith made by the Councell of Nice was rehearsed and confirmed The same was done at the second of Constantinople Afterwards they confirmed the Councell of Nice So the Acts. The first of Toledo used the like confirmation as did also the sixth of Carthage as appears by the first and seventh chapters of it Athanasius speaking of the Councell of Sardis saith These things being set downe in writing the holy Councel of Sardis sent them unto those which could not bee there present who by their suffrages also approved the Decrees of the Synod It is good reason the Pope should contribute his authority aswell as others and that he bee not in a worse state than others Pope Sylvester the first in his Synod at Rome confirmed and approved all that was decreed at the Councell of Nice Pope Hilary used the
of wilde beasts and leading a loose and voluâ—â—uous life addicted himselfe to suspected women evill entreating some of his Cardinals and maiming them in their limbes because they had reproved him for it Afterwards he relates how the Emperour Otho went to Rome how hee reproved him for his vices how the Pope standing in awe of him promised to behave himselfe well how he did the cleane contrary how when he understood the Emperour was comming againe he fled away into the Countrey of Campania Lastly he addes That the Emperour not spending the time called a Councell of the Romane Clergy in the City of Rome against that Pope Where the said Pope being deposed by the unanimous suffrages of them all another called Leo the â—ight of that name a man of great renowne of a laudable life and holy conversation was surrogated in his roome 5 The same Emperour saith the same author seeing a schisme risen in the Church returned back into the City and having understood the difference between the two competitours quickly called the Clergy together in Councell and so caused the one of them to be declared Pope and sent the other to wit Benedict the second into exile into Saxony He addes afterwards in commendation of the same Emperour Who would then have disputed with this great Otho about his judgement of the competitours for the Popedome and of one vicious and perverse Pope by himselfe Who durst have told him that they could not bee judged but by God alone I wish with all my heart there would come such an Emperour in our dayes that would cancell the many writings in this labyrinth which have encreased so fast by reason of the multitude of writers that a hundred Camels would scarce serve to beare them 6 Yet the Emperour Henry saith Platina having called a Councell compelled three Popes to renounce the Popedome namely Bennet the ninth Sylvester the third and Gregory the sixt Popes were otherwhiles deposed by the Councels of Pisa Constance and Basil. I know very well there are salves invented for all these sores that the crimes of heresie and schisme are excepted out of the rule But still it stands good that the Councell is above the Pope inasmuch as it is his judge in certaine cases Besides among these examples there were some that were condemned for other crimes 7 They say further that when a Pope becomes an heretique he is longer Pope As if any man lost his honour before hee were condemned And for schisme they hold that they that are unlawfully preferred are not accounted Popes Yet still they are condemned and judged by the Councels as such And besides some have beene deposed that were lawfully elected They hold that the Pope is reserved to the judgement of God alone It was the courtesie of Constantine the Great which first brought in this maxim which the Popes have appropriated to themselves and have excluded their fellow-Bishops from it howbeit he spoke of all And see here how well they knew to make their advantage of things But the worst is that though they have beene alwayes harping upon their priviledge and exemption yet they have not alwaies beene beleeved but divers of them have beene accused judged and condemned as appears by the former instances So that in truth setting aside the testimonies of the Popes which depose as witnesses in their owne cause we find no good ground to build this pretended priviledge upon unlesse it be in certain particular Synods composed of Italian Bishops which depended upon the Popes as the fourth of Rome holden in the time of King Theoderic for the condemnation of Pope Symmachuâ— where the Bishops set downe these two maxims One that a Councell ought to bee called by the Pope and not by the King Th' other that he ought to be reserved to the judgement of God The falsity of the first is apparent from that proofe which wee have made of it elsewhere As for the second we must perswade our selves that these good Fathers would have us to beleeve so who were opposed herein by Theoderic and the Senat of Rome who notwithstanding when all came to all let go their hold referring all entirely to the will of the Synod which used in this matter rather a kinde of arbitrement and composition than a judiciary processe putting thus much howsoever in their subscription for fear lest they should seen to have quitted a guilty person That they left the whole judgement of it to God Now I am content their opinion be so that the Pope could not be judged by them for this must alwayes bee understood of a particular Synod such as this fourth of Rome was not of a Generall seeing there can be no example urged in that kind And even for particulars there have beene divers which have proceeded to such condemnations the precedents whereof have beene already observed whereto wee shall adde that the Popes themselves have practised it 8 As for example Stephen the fourth Who saith Marianus Scotus in his Chronicles so soone as hee was elected desired the Emperour Pepin to cause the most expert and understanding Bishops to judge of Pope Constantine in a Synod The Councell then being assembled at Rome caused all his Priest◠〈◊〉 bee burnt and Constantine himselfe to bee buffeted compelling him to make a resignation and hee was afterwards burned Stephen the sixth in the yeare 898 Having assembled a Councell hee caused the corps of Formosus his predecessour to bee apparelled in mans attire and after hee had made him to bee devested of his pontificall garments he caused him to be throwne into the Tyber after he had made two of his fingers to bee cut off So saith Martinus Polonus in his Chronicle and Platina after him in the life of Formosus Iohn the ninth in the year 900 taking Formosuâ—'s part Held a Synod at Ravenna of seventy four Bishops where that was condemned which had been done by Pope Stephen saith the same Martin in his Chronicle See you now how the Popes themselves have proved by their owne practices that they may bee judged by particular Councels 9 As for Generall Councels they never so much as thought of exempting the Pope from their jurisdiction On the contrary wee read that Pope Leo the fourth being accused of treason that is of going about to transfer the Empire upon the Grecians hee submitted himselfe to the judgement of Lewes the second Emperour and King of France as we read in the Decree See now how that excessive greatnesse findes some superiours yea and acknowledgeth them too not abating ought of its right but applying it selfe to its duty Wee have made mention already of the condemnation of Formosus at the sixth Generall Councell We know also what was determined concerning this point at the eighth General Councel of Constantinople one of the most favourable to the Popes that ever was holden considering that the Legats commanded there according to their desire with all the honour done
quarantains of true pardon 40 And the said pardons and indulgences here above mentioned are granted onely to the brothers and sisters of the said Fraternitie which shall upon the daies aforesaid everie yeare visit the said altar in that Church of St. Hilary of Chartres upon which the blessed Sacrament and precious bodie of Iesus Christ is placed 41 Medard Thiersault Priest Licentiat in the Lawes Canon of Chartres Oâ—â—iciall and Vicar Generall both in the spiritualty and temporalty of the reverend Father in God Monsieur Lewes by the grace of God and the holy See Apostolique Bishop of Chartres to all and singular the Parsons and Vicars of the Churches within the Citie of Chartres sendeth greeting â—n our Lord God everlasting Pope Paul the third of happy memorie did heretofore of his own proper motion for the honor reverence of the precious blessed Sacrament grant unto the brothers of the fraternity of the blessed body of Iesus Christ in the Minerva of Rome certaine indulgences plenary remission of sinnes immunities and other graces the good devotion and upon petition of the faithfull Christian Brothers Which indulgences and plenary remission of sins our holy Father Iulius the third by the divine providence Pope to the end that all Christians should presse more earnestly and devoutly to come and honour the so admirable blessed Sacrament of his owne authoritie and dignitie hath willed and decreed that they bee of perpetuall force and efficacie And these indulgences and other graces aforesaid at the instance and request of the most noble personage Mr. Christopher de Herovard the Lieutenant Generall of the most Christian King within the Bailiwicke of Chartres hath communicated and granted them to the Brothers and Sisters of the Fraternitie of the most blessed body of Iesus Christ heretofore instituted and erected in the Church of Saint Hilary of Chartres alwayes provided that like grace and gift was not formerly granted to any other Church of the said Citie of Chartres And forasmuch as we have viewed the contents of the said indulgences in the publique instrument out of the copie of Domenic Bishop of Hostia Cardinall of the holy Church of Rome by title Traven Deane of the sacred Apostolicall Colledge Protector and Patron of the devout and Catholique Fraternitie of the blessed body of our Lord Iesus Christ founded in the Church of our Lady of Minerva of the Order of Friars predicants in the Citie of Rome in manner of an exemplification published drawne signed and sealed by Genese Bulter Secretary to the said Fraternitie given at Rome the sixt of May one thousand five hundred and fiftie And furthermore whereas by a certaine declaration made unto the Court of Rome by the command and with the leave of the Reverend Father in God the Lord Bishop of Chartres and as it seemes to us truly and lawfully made that 't is certaine the like grace was never granted to any other Church in the Citie of Chartres Wherefore we command you to publish and cause to bee published in your Churches the said indulgences and the exemplifications of the letters aforesaid according to their forme and tenure Giving leave to the said Mr. Christopher de Herovard to cause the said Graces and Indulgences to be published within the Citie and Suburbs of Chartres whether by Siquis's or otherwise as the same Herovard shall thinke good Given at Chartres under the seale of the Chamber of the said Reverend Father in God the Bishop of Chartres in the yeare one thousand five hundred and fiftie upon Thursday being the last of Iuly Subscribed P. le Seneux 42 See here how the Popes play with their indulgences and amongst the rest two of them which presided by their Legats at the Councell of Trent to wit Paul the third and Iulius the third The reformation of such abuses was required heretofore in such Generall Councels as were then holden as by the Bishop of Menda in that of Vienna in Dauphiny who amongst other points by him proposed unto the said Councell puts this for one It were fit to provide a competent remedy for this and besides to cause the fees of the curriers and Nuncio's of the Court of Rome to cease We have told you elsewhere upon the testimonie of the Bishop of Panormo that by reason of the too hastie breaking up of that Councell by Clement the fift that reformation was never medled with 43 Amongst other articles proposed by divers nations at the Councell of Constance touching the point of reformation this about Indulgences was one upon which they were to deliberate after the creation of the Pope But Martin the fift being elected he referr'd the case to another time And forasmuch as Mr. Iohn Gerson Chancelor of the Vniversitie of Paris was present at the same Councell and in very much repute and authoritie both in behalfe of the Vniversitie and as deputy for Charles the sixt King of France we will here make him declare his beleefe in matter of Indulgences Behold here his articles 44 The onely supreme Pope Christ together with the Father and the Holy Ghost can by a plenary authoritie grant a totall indulgence as well from punishment as fault 45 The onely Pope Christ can commute eternall punishment into temporall or absolve from punishment freely and without any merit besides his owne 46 The onely Pope Christ can give indulgence for so many thousand millions of dayes and yeares as we finde in divers grants of Popes and others in divers times and places and upon divers occasions 47 The granting of Indulgences for so many millions not onely of daies but yeares seemes impossible to be maintained without great difficultie after remission of eternall punishment and commutation into temporall For it is certaine that no particular man can or ought to bee bound to doe penance so many yeares forasmuch as he cannot live the thousand part of those yeares and no man is bound to impossibilities It is also certaine that Purgatory shall cease at the worlds end and consequently the dayes of his penance too 48 From hell there is no redemption At the end of that Tract hee hath these verses Arbitrio Papa proprio si clavibus uti Possit cur sinit ut poena pios cruciet Cur non evacuat loca purgandis animabus Tradita If so the Pope may use the keyes aâ—'s pleasure Why does he let good men such paines endure Why does he not too cruell and unkinde Emptie the place for purging soules design'd 49 Now whereas he beleeves that the Popes indulgences doe not reach so farre as hell that is hereticall as well as the other articles by him set downe For other Doctors hold that the Pope is Lord of the world that he officiats in the nature of Christs Vicar both in things celestiall terrestriall and infernall Angustin de Ancona approved by the Popes as well as the former author argues thus in the matter of Indulgences
defend himselfe from an ignominious authoration and to procure the repeale of those anathema's which vexed his soule how ever unjust he was compeld to disclaime his rights 17 Now this force and necessitie appears by that testimonie of Otho Bishop of Freisinger Wherefore saith he the Empire being dismembred and broken many wayes the Emperour perceiving that the King revolted from him because of the anathema pronounced against him and fearing his fathers example having called a great assembly of Princes together at Wormes hee resigned the investiture of Bishops to Lampert Legat of the See Apostolique The revolt against him was such that his owne nephewes did abandon him saith the Abbat of Vsperge who addes these words the true tokens of this violence He surrendred Ecclesiasticall investitures unto the Church and all other spirituall matters which the Empâ—rours of Germany had so long managed and which hee had purposed for the not impairing the honour of the Empire never to forgoe so long as he liv'd No man can say but an injust anathema is an unlawfull force a violent impression and what is done by occasion thereof is lyable to restitution 18 The termes of this surrender doe elsewhere shew it to be personall and that it layes no obligation upon his successors It is the exposition which was put upon it in those dayes witnesse the same Bishop of Freisinger This priviledge therefore is set downe in writing for the Church and it is granted to him by way of exchange by the Pope that those who shalâ— be elected as well on this side as you side the mountaines shall not be consecrated Bishops till they have received the Royalties from his hands and by the Scepter Which the Romans say was granted for quietnesse sake and to him onely not to his successors Seeing by their confession the compact is no more but personall for as much as concernes what was granted to the Emperour by the same reason they must acknowledge it is just so in regard of what was granted to the Pope 19 So the Emperours which reigned after him complain'd of injustice even Lotharius the fourth the successor of the same Henry against Innocent the second witnesse the Abbat of Vsperge At this time saith he the Pope went to finde the Emperour at Leiege demanding assistance and favour of him against the said Peter and his abettors but the Emperour having taken advice what hee should answer begunne to redemand of the Pope the investitures of Bishopriques which the Emperours had enjoyed for a long time before The same was done by Otho the fourth Which a German Historian signifies unto us by these words speaking of the dissention of that Emperour and Pope Innocent the third As for the Pope saith he the reason of it might bee because the Emperour redemanded the ancient imperiall rights over Italy some whereof had beene lately transfer'd unto the Church But Marsilius of Padua affirmes it more clearly speaking also of the Emperour Frederick the secondâ— Otho fourthâ— saith hee and Frederick the second when they would have repealed it may be for lawfull causes these grants and priviledges he speaks of Investitures or indeed repealing them absolutelie or in part they endured many plots persecutions and impediments from the Clergy and Bishops of Rome 20 As for those Councels which were the cause of this renunciation and pronounced the Emperour anathema depriving him of Investitures it must be observed upon what grounds they stand They deprive an Emperour of the right of Investitures without hearing him without summoning him See here an injustice They condemne Investitures as hereticall they condemne then Pope Adrian the first and all his Councell of heresie who granted them to Charles the Great Leo the eight and his Councell who granted them to Otho as also all other Popes who tolerated them yea even those who approv'd them of whom we have spoken already 21 And upon this point we must heare what our good Bishop of Chartres that great Pope-Monk saith who is much troubled to defend this condemnation of heresieâ— and implication of horrible contradictions For in his epistles making answer to Iohn Archbishop of Lyons who reprehended herein the fathers of this Councell of Vienna Whereas saith he you reprehend those that ranke the investitures of Ecclesiasticall dignities made by Lay men amongst the number of heresies it seemes there is no great force in your reprehension For although hereticall errour lodge in the heart as well as Catholique faith yet notwithstanding as we know a Catholique by his Catholique works so wee know an heretique by his hereticall works God hath said by their fruits yee shall know them and every tree is knowne by his fruit And although externall investitures made by Lay men cannot be properly judged heresies yet to bee of opinion and to maintain that they are lawful is an undoubted heresie This is not said with sufficient reason For the Councell saith Investiture is an heresie and he makes no answer to that If it bee an heresie then it follows as wee said that those precedent Popes and Councels that authorized them yea to take in all that is in Ivo's answere that were of opinion they might and ought to bee given by the Emperours were truly heretiques 22 This Bishop makes us behold this heresie of another colour so much paines does he take to defend a bad cause for he judgeth it an heresie in case the Lay man which performes it doe thinke it to bee a Sacrament If any Lay man saith he fall into this follie that he thinks he can administer a Sacrament or a thing belonging to a Sacrament of the Church by the giving and taking of a rod wee judge him an absolute heretique not for his manuall investiture but for hiâ— diabolicall opinion Verily so should a Priest bee too that should beleeve his â—urre his surpleâ—â—e or his square cap to bee a Sacrament And yet hee must not therefore be devested of them In that epistle hee notes no other heresie in investitures but urgeth many reasons to prove they are not so yet notwithstanding he concludes that Princes must be deprived of them Because saith he being performed by Lay men it is an usurpation upon another mans right a sacrilegious presumption Hee speaks thus to maintaine the cause of the Pope and the Councell right or wrong 23 But let us hear what he saith of it formerly when he was in cold bloud in an Epistle of his written to Hugh Archbishops of Lyons As for that which you writ unto me how the said party elect received Investiture into his Bishoprique from the Kings hands wee knew nothing of it nor was it told unto us by any body But although it were so yet considering that hath no force of a sacrament to make a Bishop whether it bee done or not done I doe not see wherein it can be hurtfull to faith and religion yea we doe not finde that by Apostolicall authoritie Kings
Churches Monasteries or other Ecclesiasticall benefices or upon the fruits rents and revenues thereof without speciall and expresse licence from the Pope of Rome 15 These Popes did no more but resume the errours of Boniface the eight so well liked by his successours that they made lawes of them for by his Decretall hee excommunicates all lay men yea by name all Emperours Kings 〈…〉 any collections taxes tenths twentieth or hundred part of Ecclesiasticall goods and revenues or other quantitie part or quotitie of them by the name of reliefe loaneâ— aid subsidie or other title whatsoever as also all Ecclesiasticall persons which shall pay them without leave from the holy See 16 Bennet the eleventh his successour after he had accorded all things with Philip the Faire in courtesie to him made a restraint of that Decretall ordaining that it should not take place Inter volentes wherein he thought he gratified him much Hearke how one speakes of him that was a writer of the lives of Popes Pope Benedict appeased the strife and dissentions that were begunne betwixt Philip King of France and Pope Boniface and restored unto the same King the priviledges and indulgences of the See Apostolique which had been taken from him by Boniface his predecessor Besides he set out a certain Constitution at Perusia in favour of the same King and his subjects which begins Quod olim whereby he restraines the Constitution of his predecessor Boniface which begins Clericis laicos ordaining that the punishment exprest in Boniface his Constitution shall not take place neither in those that pay nor in those that receive such paiments as are freely willingly tendred This constitution is among the Extravagants at this present but so as our Popes hold it for apocryphall abrogated and of no force witnesse the foresaid Buls De coena Domini sent into France to be thundred out there which have these words We excommunicate and anathematize all those that receive the said collections taxes tenths c. even of such as give and grant them willingly 17 One of our Practitioners hath so farre forth acknowledged the power of Emperours and Kings over the temporals of the Church that he hath advised them to discharge the Pope and other Ecclesiastiques of that care and trouble which the too great abundance begets in them It will come to passe ere long saith he that all lay mens goods will prove to be Clergie mens inheritance unlesse some good Emperour take an order with it by revoking the donation of Constantine and making a law totally to reduce the state of al Clerks to the state and condition of Friers Mendicants and unlesse the Pope and Cardinals also bee reduced to the life of Christ and his Apostles upon earth whose Vicar General he is and therefore ought to follow his example And in another place Amongst the priviledges of the Church this is one That the goods of such as turne religious be applyed to their Monasteries By meanes of which priviledge an infinite company of Monasteries have beene founded and multiplyed in all parts of the world That which was anciently done out of devotion is now practised out of avarice and to exercise oppression in such sort as they have already quite undone the laity So that it may well be said that such places either already erected or hereafter to be erected are nothing else but nets set to catch lay mens goods in O that a good Emperour would arise therefore that all the world might say Let peace be made by thy virtue and let plentifulnesse be within thy Towers CHAP. III. That Kings and Princes ought not easily to bee excommunicated and of the priviledges of the Kings of France and their Officers 1 HOwbeit Ecclesiasticall persons as Ecclesiasticall have no power over temporall matters but only Kings and Princes and those upon whom they derive their power yet so it is that in these latter daies they have taken upon them a jurisdiction in such matters applying even excommunications to that purpose For by meanes of them they have disposed of Kingdomes and Empires Dutchies and Principalities Cities Patrimonies and other such like things So our Councell useth them against duells against Combatants and their Seconds depriving them of their Cities and Places where such Duells shall bee fought and these of their inheritance and that by virtue of an Excommunication which shall bee thundred out against them Besides what we have spoke already concerning the disposall of temporall matters wee have elsewhere proved that it is an unjust and unlawfull thing to extend excommunications to mens goods to deprive such men of them to whom of right they appertaine We shall only say in this place that there ought to be very weighty reasons for proceeding to the excommunication of Kings and Princes yea there are some which thinke they are totally exempted from it 2 Ivo Bishop of Chartres saith they ought to be borne with in their faults not to bee exasperated in case they will not doe any thing upon faire admonitions Wee have set downe the place before The Clergie of Liege in their epistle to Pope Paschal the second say the very same If any man search the old and new Testament and the things which have beene acted there hee shall evidently find that Kings and Emperours can no way bee excommunicated or at least very hardly according to the Etymology of their name and the definition of excommunication And the question was never yet determined They may indeed bee admonished rebuked reproved by respectfull and discreet persons in as much as Christ the King of Kings hath reserved unto himselfe the condemnation or absolution of those whom he hath left to supplie his place upon earth 3 This Councell excommunicates them upon very sleight occasions as namely for using their authoritie in contracting of marriages to the advantage of some Gentlemen or Officers of their Court for giving way to a Duell and the like It is requisite to heare what answer a Synod of Rhemes made to an Archbishop of the same Citie hereupon whom Pope Adrian the second had commanded by his letters to abstaine from communicating with Charles the Bald Emperour and King of France which he certified the assembly of They said and doe say with reproaches touching upon my meannesse who have alwaies strived to the utmost of my abilitie and knowledge to promote the priviledges of the See Apostolique that such a command as this was never given out from that See to any of my Predecessours even in those times when as every man knowes there were warres and seditions betwixt confederate Kings living under the same Sacraments betwixt the father and the children yea even betwixt brethren And that wee never read that the Popes of the See Apostolique nor other Bishops of great authoritie and holynesse did ever withdraw themselves from the presence or refused to salute or conferre with hereticall or sâ—hismaticall Emperours Tyrants or Kings
succour and favour there that nothing could be hoped for from thence but to the disadvantage of the French The nonage of King Charles emboldened the King of Spaine to call his honours in question our by-past follies have made him attempt upon the State for his successours But he that preserved and restored it as he surpasseth all the Kings of the earth in glorious atchievements will one day put a period to this dispute CHAP. VIII Of Indults and Excommunications 1 THis Councell repeales the Indults granted to the Chancelour Presidents Masters of Requests Counsellours and other Officers of the Courts of Parliament The holy Synod doth decree that mandates by way of provision and expectative graces as they call them shall not hereafter be granted to any not to Colledges Vniversities Senates or other particular persons by the name of Indult or for a sum certain or upon any other preteÌ„ce nor shal it be lawfull for them to use such as are already granted Neither shall mentall reservations nor any other graces upon the future vacancy of Benefices nor Indults for another mans Church or Monastery be granted to any not even to the Cardinals of the holy Roman Church and such as have been formerly granted shall be accounted abrogate And yet for all this it is a very ancient law some footsteps whereof may bee found in the times of Pope Sixtus the fourth and that even under the reigne of Philip the Faire as t is said in the liberties of the Gallicane Church Eugenius the fourth granted also some Buls out in this case which were afterwards confirmed by Paul the third in the yeare 1538 the publication whereof is inserted among the great Ordinances It is a thing which ha's beene tolerated by our Kings yea which ha's beene confirmed by them whose authoritie if there were no other title may suffice in this case 2 I will here transcribe certaine proviso's made by King Lewes th' eleventh taken out of an ancient Register which I have in my custody for the proofe of my assertion Lewes by the grace of God King of France to our welbeloved and faithfull Counsellour the Bishop of Limoges and to our trusty and welbeloved the Deane and Chapter of Limoges aforesaid and to every one of you as well jointly as severally sendeth greeting Whereas our trusty and beloved the Chancelours Presidents Masters of ordinary requests for our houshold Counsellours Registers Notaries together with our Advocates Atturney generall for our Court of Parliament every man in his place office are appointed ordained to wait continually upon the imployment administration of our said court the administration of justice supreme and capitall for our said Realme which is a very laudable thing commendable necessary for us our subjects the whole coÌ„monwealâ—h of this our kingdome in which our Court the rights and liberties of thâ— Church of France whereof we are the guardian and protectour are preserved And for this reason our said Court doth consist in part of Counsellours and Officers which are Clergie men and Ecclesiasticall persons And in consideration of the great laudable and commendable services of the said Chancelour Presidents Masters of Requests Counsellours Registers Notaries Advocates and Atturney they or others by their nomination by meanes of the intercession of our predecessours to the Prelates and other Patrons and Conferrers of beneficesâ— have beene preferred unto and generally provided of Church livings which the said Prelates or others the Patrons or bâ—stowers of the same have freely conferred upon them or have presented them unto the said Tatrons in favour and consideration of us and their owne great and commendable services as aforesaid Which said Chancelour Presidents Masters of requests Counsellours Registers Notaries Advocates and Atturney since our comming to the crowne nor a long time before have not had any such prâ—ferment upon our entreaty and request to the said Prelats Patrons and Collatours as formerly they were wont to have And for this reason the said Court hath with our leave and licence made a certaine roll wherein every one of them are presented and nominated or have presented and nominated others in their stead each one to some or other preferment belonging to you or other the Collatours and Patrons of the benefices of our said Realme And whereas our trusty and welbeloved Counsellour Mr. German Chartelier hath nominated Mr. German Chartelier his sonne unto one of your Collations and presentations wee considering the continuall charge and imployment the great paines and trouble of our said Chancelour Presidents Masters of request and other Officers who are all noted men learned and skilfull in the law following the good and laudable customs of our ancestors as also of the conferrers and patrons in our said Realme we entreat and require you to give present and bestow upon the said Mr. German Chartelier for and in stead of our said Counsellour whom hee for his part hath nominated in his place the first benefice that shall be void within your disposall collation or presentation as our said Counsellour shall require or cause you to bee required thereunto Hoping that you will not make any deniall or difficulty of this our request which is most just and reasonable but will obey it especially considering that our said Chancelour Presidents Masters of requests Counsâ—llours and other Officers of our said Court are imployed daily and in continual trouble about the maintenance and defence of the rights and priviledges of the Churches of our said Realme and the administration of justice to our said subjects signifying unto you that you shall herein doe us such an acceptable favour as nothing more by meanes whereof we take you and your affaires into speciall recommendation Given at Mascon the eighteenth day of August in the yeare of Grace 1503. and of our reigne the sixâ— thus subscribed By the King In the presence of my Lord Cardinall D'Amboise Legat in France and others Robertet Sealed with yellow wax with the Kings broad Seale 3 There is in the same Booke an exemplification of the privie letters which the Court of Parliament writ to the Prelates about those nominations the tenour whereof is this Reverend father in God wee send greeting to you Reverend father in God it hath pleased the king to grant unto the Presidents Counsellours and other Officers of this Court his letters and nomination to some benefices which are in the hands of some Conferrours and Patrons of this Realme and among others to our brother such a Counsellour of our said Soveraigne in this Court to the benefices which are in your gift and disposall Wherefore we most earnestly beseech you that in obedience to the said letters and in consideration of the deserts of our said brother you would bestow upon him the first benefice that fals in your gift being by him required thereunto And in so doing you shall doe us a most acceptable courtesie for which we shall take your affaires
into speciall recommendation Reverend Father in God we beseech the blessed Sonne of God to grant you your desire Written at Paris in the Parliament under the seale thereof the seventh day of September the men celebrating the Kings Parliament And this annotation is writ in the margeut Antiquitùs fiebant aliter All this serves to shew the antiquity and possession of this right which we could not but touch upon considering as it seemes that this Councell was resolved to be revenged upon that venerable Senate in hatred of that service which they have ever done to their Prince and whole Realme as oft as there was any danger of their preservation 4 This Counncell hath also gone about to diminish the power of other Parliaments and Courts of justice in France for as much as concernes excommunications ordaining two things which are very prejudiciall to the temâ—orall justice First That no excommunication nor citation be granted out by the Bishop upon the request or authority of the Magistrate The next That it shall not be lawfull for the secular Magistrate whosoever he be to prohibit or forbid the Ecclesiasticall Iudge to excommunicate any man or charge him to revoke the excommunication by him denounced And that is say they because this cognizance belongs not to Seculars but to Ecclesiastiques This reacheth further than a man would think It is the robbing of Parliaments of the meanes which they have to stop the course of those interdicts and excommunications which are thundered out against the Realme of France by the Popes when they are in their fury to bridle the abuses of the Court of Rome and the Clergy of this Realme who have sometime ventured so farre in thiâ— kinde that we could see nothing but confusion and disorder But 't is requisite we treat of these two points distinctly for that which we are about to say concernes properly the later 5 It is an ancient practice of our Iudges Royall in France upon just occasion to grant out monitories against the plaintife or defendant and to decree that they be proceeded against by Ecclesiasticall censures and bâ— excommunications Their sentences were wont to bee executed by the Priests and other Churchmen without any difficulty This power of the Iudges Royall was since the celebration of this Councell confirmed by the twenty first article of the Ordinance of Blois see here the words of it For the revelation of which crime the said Bishops together with our Offiâ—ers may cause monitories to be published in all the parishes at such time as they shall thinke proper and fit It is also confirm'd by infinite number of Arrests of Parliaments sent out at severall times which regulate these licences of proceeding by excommunications granted by under Iudges Besides our Practitioners set us downe the very formes of them Emperours and Kings have alwayes had the rule and managing of excommunications and have sometimes used it themselves The lawes of Iustinian Charles the Great Charles the ninth and others which are received even by the Popes themselves and other Clergy men doe fully prove it Now there is no question but the power which they have in this particular they might derive it upon the person of their Officers The Clergy have alwayes suffered the use of this practice It is true that as in other things they have gone about to hooke in unto themselves the whole administration of justice so have they endeavoured to doe the like in this case not directly but obliquely For in proceeding to censures by virtue of the command of the Iudge Royall they have gone about to get the cognizance of the revelations made in consequence of those censures by that meanes robbing the Iudge of his jurisdiction 6 As for the other point where they say that the cognizance of censures belongs not to Secular Iudges the contrary is evident from those reasons which have beene urg'd already whereto wee will adde use and practice It is certaine that in all ages secular Princes their Officers and Magistrates or other their Committees have judged of abuses befalling in excommunications and interdicts have stopped the unjust proceedings of Popes and other Ecclesiastiques have bridled their too bold enterprizes their passionate maledictions The Courts Royall of this Kingdome were wont to grant the courtesie of an absolution by way of caution to the appellant as from abuse whether Clergy man or lay without any prejudice to the right of the parties and compell the Bishop to endure it even by the seizure of his temporals It is one of the liberties of the Gallicane Church By an Arrest of the twelfth of December 1468 granted at the instance of the Kings Atturney generall and Mr. Peter Charres Regent Doctor in Divinity in the Vniversity of Paris it was declared that notwithstanding the interdict which was denounced against the City and Diocesse of Nâ—vâ—rs by virtue of certaine Buls from the Pope divine service should be there continued and the Churchmen should bee compell'd to doe it by the distraining and seisure of their temporalls By another in 1488 the Bull which at the instance of Maximilian of Austria was thundered out by the Pope against the inhabitants of Gant and Bruges then the King of France his subjects was declared to bee abusive It was necessary the secular Iudges should take knowledge of such fulminations conâ—idering the abuses were unsufferable 7 They have plaid such reâ—ks with these censures heretofore that there was no case in which they were not us'd right or wrong to the great scandal and vexation of good men By meanes of them the Iudges Royall were totally stripped of their jurisdiction For they were excommunicated because they would have had the cognizance of possession procured by a Lay man for the holding of some of his Lands against a Clergy-man As also for not admitting of an appeal put in to the Ecclesiasticall Iudge from sentence given betwixt Lay men in an action reall or personall nor of an appeal put in from a command of an Arrest granted out against one Lay man at the suit of another for some pecuniary debt For not causing the thing which hee had robb'd or stolne to bee restored to the thief after sentence was pasâ—ed upon it and it adjudg'd to him to whom it belonged after proofe made thereof under colour that hee is a Church-man standing upon this qualitie after judgement had passed upon him For not surrendring up a malefactour affirming himselfe to bee a Clergy-man although hee had neither tonsure nor habit appertaining to a Clerk and hath liv'd as a Lay man all the dayes of his life For not desisting from the cognizance of the cause of a Clerke married or one that trades in Merchandise or intermeddles in such like things For seising upon the goods and lands of a Priest at the suit of a Lay-man 8 Moreover they behaved themselves so towards the Lay judges as to