by the Nobility of France upon occasion of such usurpations Yea in so much that they put out a very bitter declaration which startled him a little as the English Historians doe record Loe here a piece of it All we prime men of the Kingdome perceiving out of our deepe judgement that the Kingdome was not got by Law written nor by the ambition of Clergy-men but by the sweat of warre doe enact and ordaine by this present decree and by joynt oath that no Clerke nor Layman shall sue one another before the Ordinary or Ecclesiasticall Iudge unlesse it be in case of heresie marriages and usury upon paine of confiscating all their goods and the losse of a limbe to the transgressors hereof for which certaine executioners shall be appointed that so our jurisdiction being resuscitated may revive againe and those who have enriched themselves by our poverty amongst whom God for their pride hath raised up prophane contentions may be reduced to the state of the Primitive Church and living in contemplation may shew us those miracles which are fled out of the world a long time agoe and wee in the meane time lead an active life as it is fitting The Historian addes The Pope having heard these things sighed with a troubled minde and desiring to appease their hearts and breake their courage after hee had admonished them he frighted them with threats but he did no good for all that 4 The King of England in imitation of our French made also a Statute for the preservation of his justice The same yeere 1247 saith Matthew Paris the King of England following the example of those Lords that made these Statutes in France which were approved and sealed by their King to tame in part the insatiable greedinesse of the Court of Rome ordain'd that these things following should be inviolably observed To wit that Laymen should not be convented before an Ecclesiasticall Iudge in case of perjury or for breach of promise Gregory the seventh kept a fine decorum when after hee had deposed out of hand the Emperor Henry the fourth when he was doing his pennance at Rome and created Ralph in his stead he would afterwards be the judge of their controversie to see whether had the wrong A Germane Priest makes mention of the pennance appointed to the said Henry whereof wee speake in another place he saith moreover that in the time of the vacancy The Pope sent a crowne of gold to Ralph Duke of Suevia accompanied with a verse which we have cut into two as good as the Latine Petra dedit Romam Petro tibi Papa Coronam The Rocke gave Peter Rome in fee The Pope bestowes the crowne on thee He addes that the Pope commanded the Archbishops of Mayence and Cullen and other Princes and Bishops of Germany to take Ralphs part and to make him Emperour which was done accordingly That the Bishop of Strasburg the Emperours great friend going to Rome after hee had sought him diligently a long time through the City and found him in the places consecrated to the Martyrs and told him of the new election and how much it concerned him to goe to Germany in all haste to â—ll â—nfort â—his friends and repell the force of his enemies the Emperour making â—omewhat nice of departing without the leave of the Sea Apostolique the Bishop enformed him that all the mischiefe of the treason proceeded from the Romane treachery and that it was necessary he should flie away privily if he would avoid being taken 5 The case being thus let us now heare the narration which Gregory made hereof in his Bull of excommunication and his pretence for the judgement Certaine Bishops and Princes of Germany saith he having been a long time vexed by that wilde beast in stead of Henry who fell from the Empire by reason of his offences chose Ralph of Suevia for their head and King who using such modesty and sincerity as befits a King sent his commissioners forthwith unto me to give me to understand that he undertooke the managing of the Empire against his will That notwithstanding hee was not so desirous of reigning but that he lov'd rather to obey us than those who promised him the Empire That he would be alwayes under our power and Gods and to the intent we may be assured that he will be so he hath promised to deliver his children unto us for hostages From thenceforth Henry hath begunne to vexe himselfe and intreat us at first to repell Ralph from usurping the Empire by anathema's I replyed that I would see who had the right and that I would send my Nuncio's to examine the whole businesse and afterwards I would judge who had the better cause 6 They have gone so farre in this point that they have attempted to exercise jurisdiction over Kings and Princes in their owne cause as Boniface the eighth who having a controversie with King Edward the first of England touching the Realme of Scotland which the Pope said belonged to the Church of Rome he writ to him That if he pretended any title to the Realme of Scotland or any part thereof he should send his Proctours and speciall Ambassadours to the See Apostolique with all his rights and instruments belonging to that particular there to receive full justice upon the premises The King of England caused answer to be made unto the Pope by the chiefe Lords and Barons of his Kingdome assembled together in Parliament as they call it where they say concerning this point That the Kings of England have not nor ought not to answer for the titles which they pretend to the said Kingdome or other temporall matters before any Iudge Ecclesiasticall or Civill by reason of their royall dignity and prerogative and the custome inviolably observed in all ages Wherefore after mature deliberation and advice about the contents of your letters the common and unanimous consent of all and every one of us was and shall be without starting for the future that our King ought not any way judicially to make answer before you concerning his right to the Kingdome of Scotland or other temporals nor in any wise submit to your sentence or bring his right in question and dispute or send his Proctours and Ambassadours before you for that purpose and we doe not allow nor will in any wise allow what we neither can nor may that our King if he would doe the said things which are inusuall unlawfull prejudiciall and unheard of nor that he goe about to doe them in any wise 7 Innocent the fourth saith another Historian caused Henry the third King of England to be summoned before him to answer to one David a vassall of his and to give him satisfaction as hee said for some injuries which hee had done him this thing was derided and made a mocke of among many 8 They have not only attempted to determine of profane matters between Lay men but which is more to disanull
reformed by Kings and Princes and by them be constrained to doe their duty It is no marvaile iâ— they do somewhat for him to whom they are bound by such a strict oath and who flatters and wooes them extremely to do the deed But when the Churchmen of our age especially doe any famous exploit against the Pope this is newes indeed both in regard of that command which hee hath got over them and of the feare they ought to have least they should be sentenced for heretiques in these controversies of religion And this is the cause that the Popes have alwayes had recourse to them when they intended to doe some ill offices to our King and Kingdome Boniface the eighth by a gloseing letter of his writ unto them endevors to make them approve his injust proceedings against Philip the Faire where hee saith amongst other things Those who hold that temporall matters are not subject to spirituall doe not they goe about to make two Princes Hee complaines also of the Parliament holden at Paris where it was enacted saith he by underhand and begged voices that none should appear before him upon the summons of the See Apostolick He complaines also of the report which was made to that assembly by M. Peter Flotte whom hee calls Belial half blind in body and quite in understanding This was the man who being sent in ambassage unto him by King Philip to that saying of his We have both the one power and the other made this reply in behalfe of his Masterâ— Yours is verball but ours is reall as it is related by an English historian 17 Innocent the third did the like in his scuffle with Philippus Augustus his Epistle to the Bishops of France was put among the Decretals wherein he omits no art to nuzle them up and perswade them that his proceedings against the King and putting their Kingdome under an interdict was just as the learned Cujacius hath very well observed and indeed his projects throve so well that he wonne their consent at last Hearke how a French Historian of ours speakes of it The whole countrey of the King of France was interdicted at which the King being highly offended after he had notice of it he stripped all his Bishops out of their Bishoprickes because they had consented to that interdict and commanded that their Canons and Clerkes should be put out of their livings expelled out of his dominions and their goods confiscated he discharged also the Parish Priests and seized upon their goods The French Bishops at first did stifâ—ly oppose Gregory the fourth who siding with the children against the father was minded to come into France to excommunicate Lewes the Gentle and they had put on this resolution To send him home againe excommunicated if he came there to excommunicate But when all came to all he had such a stroke over them that he made them not onely abandon but depose him He was vexed by all his Bishops saith an ancient Historian and more particularly by them who were raised to those dignities from a low degree and such as comming out of barbarous Countries were preferred to that height of honour And he afterwards addes They said and did such things as the like were never heard of using reproachfull speeches towards him they tooke his sword from his side upon the judgement of his servants and wrapt it in a sackcloth It is true indeed that not long after repenting themselves of their proceedings they restored him to his former dignity of which they had despoiled him And the Archbishop of Rhemes Ebon by name who had beene the maine man amongst them declared himselfe in writing That whatsoever had beene attempted against the honour of the Emperour was against all right and reason And yet wee must not accuse all the Bishops of France for this for many of them were offended with it and particularly those of the province of Belgia deposed Ebon their Archbishop upon this occasion condemning his proceeding herein But let us now retâ—rne to our intended subject 18 One of the Kings Lieutenants generall for administration of justice in an assembly of the States particular under the late King 1588. For the reestablishing saith he and better settling of Christian religion within this Kingdome our suit unto the King is that like a most Christian and eldest sonne of the Catholique Church he would receive the Councell of Trent and cause it to bee inviolably observed by all his subjects If any here will interpose and tell me that there are some articles in it which are repugnant to the liberty of the Gallicane Church and some others which seeme too harsh and against the forme of justice now used in France I answer that the Lords spirituall may more wisely advise of this in the assembly generall of the States and if need so be communicate it with the other Orders to make a Remonstrance thereof to our holy Father the Pope By this meanes all those Edicts which to the great regret of the King the Princes and Catholique subjects by reason of the necessity of the times did tolerate this medley of religions shall be repealed and abolished 19 Amongst those great disorders of this Kings reigne this very Councell was called in question in the Assembly at Paris which was holden in the name of the States in behalfe of the league where it is remarkable that those who had shaken off the Royall yoke and undermined all the fundamentall lawes of this Kingdome how distempered soever they were yet they had their judgements so sound as to discerne a good many decrees in that Councell which were prejudicial to the liberties of this Kingdome As appeares by the extract which was published hereupon We may observe by the way that those who raised the most false and abominable calumnies against the late King that ever were heard of in all their defamatory libels never objected this unto him that he refused to receive the Councell of Trent I will use no other proofe than of that damnable script hammered out in hell Of the just deposall of Henry the third from the Kingdome of France which sets downe the causes of his excommunication making him a murtherer a heretique a favourer of heretiques simoniacall a sacrilegious approver of duels a profaner of religious persons a confederate with heretiques a spender of the substance of the Church without any leave from the Pope a falâ—ifier of the letters Apostolique a superstitious fellow a deteiner of Churchmen But not one word of the Councell of Trentâ— although he had in that point beene disobedient to the Popes will and made small account of his earnest and often request for it is certaine that all the speeches which come to our hearing were delivered in his behalfe and upon his motion 20 Nay more hee did not receive so much as those very Decrees of the Councell which were no way repugnant to our liberties and
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
over Bishops and other Ecclesiastiques that they themâ—selves have been intercessours unto them to get them to proceed unto such judgements Pope Liberius intreated the Emperor Constantius that hee would make the cause of Athanasius be judged If your clemencie thinke good saith hee that you would let him be judged Pope Iulius had recourse to the Emperour Constans in behalfe of the same Athanasius and of Paul who presented him with letters directed to his brother Constantius upon the same occasion 16 Gregory the Great intreats the Kings of France Theodoric and Theodebert to doe justice to Vrsicius Bishop of Turin To make justice in all things bee observed towards him and the truth being knowne to make that be amended which hath beene unlawfully committed against him and to cause that to bee restored with equitie which was taken from him by violence This Bishop had beene deposed and another put in his place The same Pope after he had divers times intreated the same Kings of France to call a Councell in their Realme for restraining of the crime of Simonie which was at that time verie rife writ at last to Queene Brunchaut in these termes Let your letters bee directed unto us and if you command us with your consent and authoritie we will send you some on our behalfeâ— to inquire straitly into thâ—se things together with the rest of the Clergy and to make such reformation thereof as shall be acceptable to God For these things ought not to bee dissembled inasmuch as hee that hath power to correct them and notwithstanding neglects to doe it makes himselfe a shaâ—er in the fault 17 Gratians Decret gives further credit unto this Imperiall jurisdiction over Bishops in criminall causes considering that there a certain Pope whether it bee Gregorie or Pelagins speaks on this manner Behold what wee demand and require further that you would send unto the most gentle Prince Paulinus that false Bishop of Aquileia and that other of Millaine under good and sufficient guard to the intent that he who can no waies be a Bishop inasmuch as heâ— was created contrary to all canonicall custome destroy not others and hee who hath attempted to ordaine against the ancient custome may be submitted unto the punishment of the Canons Hee that collected the summarie of this Canon conceives some policie in it when hee saith That those should bee corrected by Princes who cannot be corrected by the Church making the rule by this means no more than an exception as hee ofttimes makes rules of exceptions But it may bee hee meant that these Bishops could not by right bee corrected by the Church because she hath no such power If this bee his meaning wee take him at his word There is yet more in it for the Popes themselves have undergone this jurisdiction have beene judged condemned and deposed by the Emperours Wee have given examples of it when wee treated of â—he power of a Councell above the Pope which wee will not now repeat 18 By the law of the Emperours Valens Valentinian and Gratian the cognizance of crimes committed by Ecclesiasticall persons is reserved to the Magistrates Arcadius Honorius and Theodosius declare the judgements passed by Episcopall Synods upon the crimes of Priests to bee valid so as they cannot bee disanull'd by themselves Honorius and Theodosius will have Clerks to be accused before their Bishops Iustinians Novel gives the cognizance of civill crimes by them committed unto the Lay Iudges and of Ecclesiasticall to the Bishopsâ— so that this cannot be understood but of the meaner sort of Clergy men such as are inferiour to Bishops And of these it is spoken in another constitution which forbids the Civill and Militarie Iudges and Magistrates to call them before them for civill and criminall matters unlesse they have the Princes command for it Where two things are to bee considered one that it is an Emperour which ordaines it and therefore hee hath the disposall of it the other that he reserves unto himselfe the cognizance or authoritie 19 The Councell of Milevis holden in the year foure hundred and two confesseth and avoweth this Imperiall jurisdiction It pleaseth us say the fathers of it that whosoever shall demand of the Emperour the cogniâ—ance of publique judgements bee deprived of his dignitie But if hee desire of the Emperour onely the exercise of Episcopall judgement that can no way hurt him The judgement over Lay men in publique crimes was thought to suit ill with Bishops and therefore it is condemn'd in this Councell the other is permitted but so as they tooke it from the hands of the Emperour It is strange that in all these places there is no mention of Popes no more than if there had beene no such men in the world 20 The sixt Canon of the first Councell of Constantinople disposeth somewhat boldly of Ecclesiasticall jurisdiction to the prejudice of the Imperiall right in attributing the judgement of crimes committed by Bishops unto provinciall Synods and forbidding them to have recourse either to the Emperor or other secular Princes for judgement or to a Generall Councell despising that Decree and neglecting the Bishops of particular Dioceses It was a litle too much entrenched upon the Emperour Howsoever we draw from hence this advantage that in the making of this Order about Episcopall judgements in criminall matters the Pope was never reckoned of And yet the Councell of Trent gives to him alone the criminall and supreme jurisdiction in the first place over all other Bishops in the world in such sort as neither the Emperour nor Kings and Princes nor their Officers nor Synods either Provinciall or Generall can intermeddle 21 Let us now speak of our France and shew the prejudice done unto it by this Decree In the time of our ancient Kings the Bishops upon any crime whatsoever were accused in a Synod of the Churches of tâ—e Realme So Guntrand King of Burgundy caused a Synod to assemble at Lyons where two Bishops Salonius and Sagittarius were accused convinced and condemn'd and put out of their Bishopriques for some crimes by them commiâ—ted It is true that by their flatteries they prevailed so farre with the King afterwards that he gave them leave to have recourse to Pope Iohnâ— to whom also he writ in their behalfe yea upon the request afterwards made unto him by the Pope hee restored them to their Bishopriques But all this was done onely by way of courtesie and complement anâ— because the King himselfe sought a faire way to restore them to their charge and dignities without offending the Synod 22 King Chilperic having called an assembly of Bishops and Prelats in his Citie of Paris brought Pretextatus Bishop of Roan before them saying these words unto them Although the royall power may by the lawes condemne one that is guiltie of high treason notwithstanding that I may not oppose the ancient Canons I present this man unto you who hath
before the See Apostolique by Canonicall Constitutions or such as the Pope of Rome shall thinke fit to bee committed or removed upon some urgent and reasonable cause by speciall commission from his Holynesse signed with his owne hand Now hee will alwayes find urgent causes enough to draw the processe to Rome there will never want pretences if hee get but a hole that 's enough how little soever it bee hee will finde meanes to enlarge it And besides who will tell the Pope that the cause is not reasonable That were to make himselfe be pronounced a heretique It is a kinde of Sacriledge to dispute of what hee does yea it is a mortall sinne saith their Glosse upon the Canon law 19 Wee shall here entreat the reader to remember what wee discours'd in the second book touching the Popes attempts in point of justice the miseries that proceed from thence and the great complaints that have beene made of it Wee tumble backe into all these miseries againe by receiving of this Councell The Popes used it formerly by usurpation now they will doe it with some title and so with more licence Wee shall content our selves with setting downe here what was spoken concerning this matter by a whole Councell to wit by that of Basil one of the most famous that hath beene holden in these later daies Divers abuses and intolerable vexations have grown hithertowards whiles many men were very often wont to be cited and called forth to the Court of Rome and that sometimes even for pettie things and were so wearied out with expences and travaile that they thought it more commodious for them to forgoe their right or with great losse to redeeme themselves from such vexation rather than bee at the charges of the suit in a countrey so remote So it was an easie matter for slanderers to oppresse poore men So Ecclesiasticall livings were oft goâ— by wrangling shifts and evasions in the Suit while their meanes were not sufficient for the true owners or others that had right unto them to defray the charges required as well for the journey to Romeâ— as the pleading of the cause there Hence also proceeds the confusion of Ecclesiasticall order when the jurisdiction of the Ordinaries is not preserved unto them The money and meanes of Kingdomes and Provinces are not a little impaired by this meanes and which is a thing acknowledged to bee very harmefull to all Ecclesiasticall Orders those which by reason of their worth were called to the greatest affaires of Christendome were made lesse serviceable in them being too much imployed in the multitude of such causes Such evils and disorders as these gave occasion to the Fathers of that Councell to prohibit all evocations in that kind Which was confirm'd by the Pragmatique Sanction of Bourges in the title Of Causes where the same things are rehearsed CHAP. III. Of giving temporall jurisdiction to Ecclesiasticall persons 1 THis Councell useth such marvellous good husbandrie and carrieth all things so handsomely to its proposed end that at the last reckoning all the world is well appaid except Kings and Princes for whom the springe was set We have seen the Bishops already stript of their jurisdiction and turn'd into their bare shirts Now we shall make it appear that what is taken from them on the one side is restored to them on the other all to the prejudice of Secular powers whose jurisdiction is invaded and usurped upon to the advantage of the Bishop of Rome into whom as into a vast Ocean all these pettie rivers emptie themselves 2 It is a Papall maxime holden for a certain and undoubted truth That all Bishops receive their jurisdiction from the Pope They take an oath unto him else whereâ— and that a very strict one they are bound by this Councel to promise true obedience unto him at the Synods of the Diocese So that there can be nothing ascribed unto Bishops in point of jurisdiction but the Pope hath a share in it as fathers have in the purchases of their children masters of their slaves but their authoritie and power will ever receive some enlargement thereby This preface will serve as a candle to give light unto the interests of Kings and Princes in all the particular cases which shall bee hereafter specified 3 This Councel then to the prejudice of the Secular jurisdiction gives unto Bishops the power of punishing the authours of defamatorie Libels of the printers of them of Sorcerers Conjurers and such like people of those that contract clandestine marriages or are witnesses and assistants at them the cognizance of all causes matrimonial without distinction of all rights of patronage both Lay and Ecclesiasticall the jurisdiction to compell the inhabitants of any parish to allow maintenance to their Parish Priests the visitation of all benefices both Regular and Secular the cognizance of the reparations of their buildings as also the power of sequestring the fruits of the said benefices the power of examining the Kings Notaries and of suspending or depriving them of their office for some fault or crime by them committed the doing of justice upon married Clerks which have their tonsuâ—e in all causes both civill and criminall the punishing of concubinage and adulterie both in Lay men and women the seizing of mens goods and arresting of their bodies causes of Ecclesiasticall jurisdiction and that even of the Laitie Besides this Councell in very many Chapters prohibited all appeals and will have that which the Bishops do to stand without any regard of any appeale to the contrary whatsoever Also it allowes Ecclesiasticall persons to refuse such summons as shâ—ll bee sent out by the Parliaments or other of the Kings judges For the further satisfaction of such as will not content themselves with this bare proposall wee will speake somewhat of every one of these heads for the better clearing of this incroachment of jurisdiction I mean only so farre as concernes the right of our Realme of France 4 Beginning then with the first which is touching defamatorie Libels our civil lawes give the cognizance and jurisdiction thereof to the Iudges and Magistrates not to the Ecclesiastiques Some may bee will except such as concerne point of Religion but this exception is not pertinent and observe this one reason which is sufficient to confute namely that those lawes of Constantine the Great and Constantius which restraine the licence of such Libels were made in a time much like this of ours to wit when divers writings were put out concerning point of Religion against the honour both of one and other Doctour Balduin hath very judiciously observed it It is behoofefull saith hee to remember what manner of times those were of Constantine and Constantius wherein the contentions about Religion not much unlike unto ours gave fire unto the affections of both parties and which afterwards hatched those unhappie calumnies and scandalous
the Clerke and the Souldier which is an abridgement of the former containing a defence of the Lawes Royall of the Kings of France against the Popes usurpations dedicated unto Charles the fift and translated into French by his command Peter de Ferrariis the Practitioner who is put in two places for feare of missing him in the one hee is condemn'd outright in the other they have done him this favour to spare his life upon condition that he be gelded which was afterwards put in execution to the purpose They have not spared even Pope Pius the second himselfe not content with that declaration which he set forth in his Bull declaring all that to be hereticall which he had written against the Popes authoritie when he was called AEneas Sylvius and by consequent the booke which he intitled De origine authoritate Imperatoris Romani where he speakes of Imperiall lawes in other termes than the Popes doe to the prejudice of their Decretals Our Lawyer Baldwin for all he was an enemie to the Hugenots yet could not escape the furie of Rome but was condemned as a Heretique for a booke which he made Of the Ecclesiasticall and Civill Lawes of the Emperour Constantine And because he gives the Emperours too much power over Ecclesiasticall discipline whereas by the doctrine of our Popes they are no more but meere executioners of their Decrees and Constitutions having no power to intermeddle further 4 All other bookes which have treated of the Imperiall or Royall power whether for temporall matters exempting them from the power or iurisdiction of Popes or for spirituall and ecclesiasticall discipline have undergone the like condemnation and amongst others that which beares this title What manner of power it is that belongs to Kings The historie of Francis Guicciardine where he speakes of the usurpation of Popes and the progresse of them The lives of the Emperours set out by Iohn Cuspinian where he speakes of the same things The historians of Germany printed by Wechelius the yeare 1584 because they relate in their histories the unjust proceedings of the Popes against the Emperors and afford some testimonies for the rights of the Empire The Flowers of Histories with the Author of them Matthew Westminster an English Monke who liv'd about the yeare 1375 because he hath oft time spoken his opinion concerning such usurpations and unjust dealings The Commentaries of Claudius Espenseus a Sorbon doctour upon the Epistle to Titus because he speaks too favourably in behalfe of Kings and gives them too great authoritie in the Church as also because he speaks a litle too freely against our Councel and the beastlynesse of Rome That great worke of Marguarinus de la Bigne a Sorbon Doctour intitled Bibliotheca Sanctorum patrum because the Pragmatique of Saint Lewes concerning the rights and liberties of the Gallican Church is there found and other writings and tracts which shewes the power of our Kings as the Historie of Gregorie Archbishop of Tours Ado Archbishop of Vienna Sigebert Abbat of Gemelard who speaks also of the Imperiall authoritie That goodly remonstrance of the Court of Parliament of Paris exhibited to King Lewes wherein is represented the power and authoritie of our Kings in the Church the opposition which they have made against those Popes which would have invaded our liberties which they have put also in two places that so an iterated act may bee of more force and many more which a man may take notice of at leasure 5 The third ampliation is That they have power to abolish and condemne all those books and writings which have been published at divers times in defence of Councels and of the authoritie of the Church against the usurpations of Popes And upon this consideration it is that the book of Zabarel Cardinall of Florence concerning schisme was condemned together with some others whereof we have spoken already The counsell of the Abbat of Panormo made in defence of the Councel of Basil The book of AEneas Sylvius of the same Councel of Basil which troubles them infinitely And it is very credible the author would never have thought of doing of it if hee had beleeved that ever he should have beene Pope The Acts of the second Councell of Pisa which they call a Conventicle which tends to the disgrace of us Frenchmen of whom it did mainely consist The booke of Duarenus intitled De sacris Ecclesiâ— ministeriis because hee limits the Popes power and many other Authours 6 The fourth ampliation is That it is lawfull for them to enroll amongst these the writings of all such as have recorded the vices and abuses of the Popes Court of Rome to demand a reformation thereof Or who have spoke of them by way of complaint or otherwise as Theodoric of Nihem one of their Officers who hath told us strange stories of the lives of Popes during their schisme Cardinall Benno who hath told us wonders of Gregorie the seventh who was called Hildebrand and some other Popes that lived before him Nicholas de Clemangiis a devine of Paris who speaks very freely after the French fashion of the abuses of the Court of Rome The hundred grievances of the German Nation put up in the Dict of Noremberg in the yeare 1522 by the Catholique Princes and other States there assembled to be presented to the future Councel which was afterwards called at Trent See what justice was done to them in this case As also all the tracts put together in a book intitled Fasciculus rerum expetendarum fugiendarum which concerne especially this reformation and others in great abundance 7 Many ampliations yet more might bee made but wee will content our selves with these This were too much if our Popes could be content with it It is to be feared that they will not tho and that they will increase their roll from yeare to yeare Wee shall see them shortly take upon them to abolish the lawes edicts constitutions and ordinances ancient and Moderne of Emperours and Kings To wit all those that speake of Ecclesiasticall discipline of the authoritie of Princes in the Church in justice in election and nomination to Bishopriques of their rights and priviledges and the liberties of their Kingdomes and Empires It is their meaning that no man shall make any question of it but they durst not as yet leap beyond their limits for feare least the heavinesse of their load should make men kick They come to it by degrees as they have alwaies done And to make their designe appeare as cleare as the day we need but represent two of their pieces to wit the Bull De coena domini which they continually renew Looke the sixteenth Article of that which Gregory the thirteenth sent into France in the yeare 1575. and Gregory the fourteenth during our last troubles We excommunicate and anathematize all and every one the Magistrates Counsellours Presidents Auditours and other Iudges by what name soever they bee called the Chancelours
this Realme O that you would remember that you alone doe not beare the title of most Christian in vaine but because that your ancestours did ever succour the Church in all her necessities above all others Loose not this priviledge this so noble and magnificent title Doe not suffer any man to take this honour from you Doe not suffer your selfe to bee outvied in it Defend your right your name your honor let the hopes of al Catholiques and your brethren in Christ move you which in this matter depends totally upon your person for both all Catholique Princes and all others doe waite upon your hand in this affaire as upon him to whom it does belong most of right of custome of power and other respects Let the renowned and immortall praise of the thing it selfe move you to erect a perpetuall monument of your name in the hearts and mouths of all men 16 A German Devine Provost of the Church of Worms made a petition and exhortation almost like the former which hee exhibited to one of our Kings whether it was to the former or no I know not but at least thus much wee know hee was of the same name For in an Epistle which bears this inscription in the front De Schismate epistola Conradi ad Regem Carolum ad faciendam Synodum towards the end thereof he bespeaks him in these words Now I will addresse the last part of my rude language to you most devout and most Christian King of France Being such and so great as you are set your minde O Prince upon such things as belong to Princes so shall you bee above the Heads What will you thinke upon then surely upon this that peace may bee made by your Prowesse You thinke upon this that you are a King thinke also that if you would reigâ—e long in happinesse it is written of you The King which sits upon the seat of justice â—â—th disperse all evill Let no man seduce you by vaine words Honour and fulfill your ministerie But how Certes that such as are farre off and such as are neare may both have peace by your meanes that the rents of holy mother Church may be sowed up by you I say the coÌ„mon mother both of you and us who hath fed you with her brests from whose mouth you have received the honey of regeneration and the milke of Christian doctrine a streame of bloud springing from the side of her spouse who was stretched out for you upon the tree of the crosse hath adorned your cheeks And therefore her cause is yours her wrong is your wrong Arise O Prince arise up against it build a wall for the house of Israel and fight And afterwards hee addes Above all things you must strive for this O glorious King and long after it with all your heart and labour for it with all your might that there may bee a Generall Councell called at which without the effusion of bloud by the grace of God all things may be reduced to peace and concord 17 Now this Prince whether it was Charles the sixt or the seventh for it must be one of the two put his hand to the reformation of the Church prettie handsomly For under the first there was a kinde of neutralitie made in such sort that there was no acknowledging of Popes in France there were also many goodly Ordinances set out against the abuses of Popes and of the Court of Rome the Councell of Constance was held also under him where the power of the Pope which was formerly without either beginning or end as they use to say was confined within certaine boundâ— and limits To which Councell he did contribute his Ambassadors and many learned Devines among the rest the great Cardinall of Cambray Mr. Iohn Gerson as also the Vniversitie of Paris which had no meane authoritie there as we collect from the Acts themselves Vnder the other were holden the Councels of Pavie Siena and that famous one of Basil which made some strong assaults to moderate that unbridled power of Popes The Pragmatique Sanction was then also set out in this Kingdome the most usefull and most commendable Ordinance that ever was made in France which hath beene since the butt against which the moderne Popes have levell'd all their curses having lopt it so neare that there remaines nothing but the trunke which they never yet knew how to reverse namely that Decree which containes the authoritie of a Councell above the Pope and another concerning Annats 18 The Emperour Charles the fifth and Charles the ninth King of France have sufficiently shewed what power they had in the Church considering that during the time of the Councell of Trent they endeavoured to compose the differences which were in their Empire and Kingdomes concerning point of Religion They made things be disputed in divers Imperiall Diets and at the conference of Poissy They made Ecclesiasticall lawes as namely that of the Interim for Germanie the Ordinances of Orleans and Moulins for France where there are good rules for Church discipline And the late King Henry the third did more yet in establishing Edicts which derogate from the Decrees of the Councell it selfe CHAP. VI. That Emperours and Kings have in all ages made some Lawes concerning Ecclesiasticall politie and discipline and that they had power so to doe 1 HEE should shew himselfe a meere ignorant in law that would deny that Christian Kings and Emperours have at all times made lawes for the politie government and discipline Ecclesiasticall For proofe whereof he need but reade the sixteenth booke of the Code of Theodosius the first of Iustinians the novell Constitutions of Theodosiâ—â— Valentinian and other Emperors which are put after the same Code of Theodosius those of Iustinian and his Edicts those of Leo and the other Emperours which ruled the Empire after Iustinian some whereof are added in the late impressions of the body of the Civill Law and other some are to be found in the Ius orientale de Benefidius and in the booke intitled Ius Graeco-Romanum As also the Capitulary of Charles the Great with divers other Ordinances of our Kings of France made about this particular which may bee read in the Collections of them From which it will appeare that there is no part of Ecclesiasticall discipline which hath not beene managed regulated reform'd and purged by them as need required 2 Well fare Doctor Espenseus who when he is speaking of this Royall power and shaping an answer even to those that doe Princes so much honour as to make them meere executioners of the Decrees of Clergie men not having any authoritie to enter into the cognizance of the cause If Princes saith he must not meddle with sacred things to what purpose are there so many lawes and Imperiall Constitutions about Ecclesiasticall matters in the Code the Novels and the Authentiques Why so many Royall Edicts and Decrees of Senates extant in the Annals of all Christians
to the contempt of God and prejudice of Princes doe excommunicate as well Lay men as Clerks and deprive them of the Sacraments of the Church because they are either negligent or insufficient to discharge some pecuniarie debts to the paiment whereof within a certaine time they stood civilly bound 14 The Cardinall of Cambray when hee speaks of the reformation of the Church in the time of the Councell of Constance puts the multitude of excommunications among the number of such things as stood in need of reformation Which saith he the Church of Rome hath imposed by her penall Constitutions and especially by some new Decretals and have thundred them out by their Collectours to the scandall of many men by whose example other Prelates doe cruelly smite poore people with excommunications without any consideration and that for light matters as for debts which must necessarily bee provided for seeing it is against all right 15 Nicholas de Clemangiis in his tract of the ruine and reparation of the Church Hence saith he â— those anathema's so oft repeated which were noâ— used in the time of our forefathers but very seldome and that in criminall causes and abhominable wickednesse forasmuch as a man is hereby separated from the communion of the faithfull and given up into the power of Satan But at this present they have proceeded so farre as to use them ordinarily for very pettie matters yea when there is no fault at all 16 The Lawes and Constitutions of our Princes are conformable to the ancient Canons and to all these demands In the Capitulary of Charles the Great it is said That excommunications be not often used nor without cause And in the Ordinance of Orleans that there bee no proceeding to them but in case of crime and publique scandall It is true that in another Ordinance made 1571 they are limited by the forme of the ancient Canons But this is still the same considering that by them there is no place for excommunications Save for grievous faults Wherein there is sufficient occasion of complaint against the Councell of Trent which contrary to all antiquity allowes the proceedings to censures and monitions for matters of no moment CHAP. IX Disposall of the goods of Religious persons Purchases made by Mendicants Leases of Ecclesiasticall meanes Commutations of last wills and testaments 1 THis Councell would furthermore have all the goods which shal be purchased by religious persons after they have maâ—e their profession to bee taken from them and given to their superiour that is to the Abbat or Aâ—besse to be incorporated to the Monastery This derogates from the nineteenth Article of the Oâ—dinance of Orleans where there is one case which ought to have beene excepted Namely when proâ—ession is madâ— before the age of twenty five yeares by males or twenty by maiâ—s for then they may dispose of their portion left them by way of inheritance already fallen unto them or hereafter like to fall either in a direct line or collaterall to the use and bâ—hoofe of such of their kindred as they shall thinke fit and not of the Monastery And to this effect the Ordinance addes we have from henceforth declared them capable of inheriting and making testaments the said profession or any rigour of law or custome to the contrary notwithanding These last words are added by reason of the generall custome of France whereby all religious persons are incapable of inheriting Since that time the Ordinance of Blois alter'd the time of possession and reduc'd it to the age of sixteene yeares yet alwaies retaining the same rule for as much as concernes successions 2 The same Councell hath made two Decrees very unlike one to another By the one It commands all Regulars as well men as women to compose and conforme their life to the rule whereof they make their profession as the particular vow of Obedience poverty and chastity By the other It gives leave to Mendicants except the Fryers of St. Francis the Capuchins and Fryers Minorites to possesse immoveable goods even to such as are prohibited by their Orders According hereunto the States holden at Blois in the yeare 1576 Vpon the eighteenth of December came a Iacobin to preferre a petitionâ— that according to the Councell of Trent Mendicants might be allowed to possesse immoveables but it was answered they would advise upon his petition by making a generall order for it 3 It is a long time since they procured Bulls from Rome derogatory to their first rules and institutions which they call Mare Magnum but they were never received in France One of our French Doctours prayes to God that hee would take care that this great Sea become not the devils pond The goodliest possessions are at this day in the hands of the Clergy and that in such abundance that some great Doctours have beene of opinion that they ought to bee taken from them And in very truth if they may be allowed to purchase there is no doubt but within a very little time the Clergy wil get all into their hands and will have all the layitie onely for renters and farmers of their goods Howsoever notwithstanding all their dispensations they have in France beene alwayes kept to their ancient abstinence And of this matter there is an Arrest of the Parliament of Paris in the Collection of Gallus given out upon the Vigils of our Lady 1385 against the foure Orders of Mendicants wherein it was said that the Provost of Paris did ill to judge as he did who had condemn'd the heires of Isabel de Bolayo to pay twenty pound Paris of yearely rent to every one of the said Orders to bee received by the said Mendicants for certaine houses in Paris which she had given them to have and to hold for them and their successours for ever Their suit was declared irreceivable into the Court and they condemned to pay charges Gallus gives this reason Because such Donation was contrary to the substance of their Order I have an ancient copie of the Arrests of this Parliament concerning the King and the temporall justice where the fact is related otherwise yet so as the substance is much alike Betwixt the Fryers Mendicants plaintiffes of the one partie and Isabel de Palais inheretrix of Ioan Paumer defendresse on the other party By an Arrest of the Court it was said that the Provost of Paris had not judged right and the said Isabel did well to appeale for as much as he had condemned her to pay and to deliver to each of the said two orders namely the Predicants and the Carmelites twenty pound rent given to them by legacy together with the Improvements and arrerages which should be raised of it and the charges And had determin'd the contrary for the other two Orders because they had not exhibited their titles And it was said by the same Arrest that the said Mendicants ought not to be admitted in the suit which