Councell holden at Rome under Innocent the third at which were present Primates and Archbishops sixty one Bishops foure hundred and twelve and eight hundred Abbots and Priors In which Councell the said Pope did excommunicate Lewes the King of France his eldest sonne and all the Earles and Barons of England with their complices which conspired and rebelled against the King of England Philip Augustus knowing the excommunication said to Gualo the Popes Legat The Kingdome of England which the Pope pretended to be feudatary to him and thereupon proceeded to that sentence of excommunication never was nor is nor ever will be S. Peters patrimonie in as much as no King or Prince can give away his Kingdome without the consent of his Barons who were bound to defend it And if the Pope intend peremptorily to stand in this errour urged thereto by a desire of enlarging his dominion hee will give a bad president to all Kingdomes Whereupon the nobles of France seconding the words of their Prince begun in an instant to cry out with one voice That they would stand for that article till death And yet all this was against the decision of a solemne generall Councell Boniface the eighth saith Platina having called a generall Councell subjâ—cted Philip the Faire and his Kingdome to the Emperour Albert this was saith the Bishop of Consentia who relates the same story in the yeere 1302. Notwithstanding this decree of the Councell Philip the Faire did revenge himselfe upon Pope Boniface in such sort that if his violent death had not ensued upon it his proceedings had never been blamed nor condemned by any man Platina after he hath delivered the story at large gives him this elogy Thus dyed that Boniface who studyed rather to strike a terrour then religion into all Emperours Kings Princes Nations and people who laboured to give and take away Kingdomes to repulse and recall men at his pleasure insatiably thirsting after an incredible masse of money which he had raked together by hooke and crooke Wherefore let his example be a lesson to all governours religious and secular not to rule their Clergie and people proudly and disdainfully as the man we speake of did but piously and modestly Benedict th' eleventh who succeeded this Boniface being informed of the justice of the cause of our King absolved him from the interdict whereto both himselfe and all his Kingdome were subjected and besides set forth a declaration for the exempting of the Kingdome of France from that power which Boniface by his Decretall did arrogate to himselfe over all Empires and Kingdomes whatsoever and for the preserving of it in the ancient rights and liberties thereof 16 Pope Iohn the twenty second say the German Chronicles having called a Councell at Avinion of Bishops and Cardinals not a fâ—w passed the sentence of excâ—â—munication upon Lewes the Emperour and gave his reasons in his Bâ—ll â—gainst Lewes because he had aided heretiques and schismatiques and had ever been a favourer of rebells And besides he denounced the sentence of excommunication against all those that did not sequester themselves from his company and of deprivation of their benefices and dignities against such Priests as should celebrate divine service in his presence The Author addes one thing very remarkable These proceedings saith he of the See of Rome were in those daies of great efficacy for it was a crime inexpiable to be of another opinion then thâ— Pope of Rome yet were there some notwithstanding who â—ided with Lewes without any regard of the excommunication but these not very many for in an imperiall Diet called afterwards by the Emperour to see if hee could finde any reliefe against that sentence all the world was frozen-hearted and crest-falne All the refuge that poore Emperour had was in a few Lawyers who stoutly defended his right and thereby confirmed most of those who were wavering Lewes had saith the same Chronicle some Doctors both of the Civill and Câ—non Lawe who were of opinion that the Popes sentence was null and invalid which opinion of the Doctors was a meanes why divers did not abandon him See here how the Emperours party notwithstanding his right was at first but very weak yet afterwards grew so strong that every one openly rejected the unjust decree of the Councell The Estates assembled at Francford the yeere 1338. did cancell and disanull all these lawlesse proceedings by a faire decree which wee may read at large in Nauclerus Provost of Tubinge wherein are set downe all the authorities and reasons in law against the forementioned sentence and processe with this close By the advise and consent of all the Prelats and Princes of Germany assembled at Francford wee decree that the former processe be void and of no effect and pronounce a nullity upon them all One of our commentators affirmes that even in the Court of Rome where himselfe afterwards was many Prelates and many laiques well skilled in both the Lawes did hold that the Emperour was wronged To bee short there was not one till Pope Benet the twelfth who succeeded Pope Iohn that did not disrelish that processe and yet it was done in a Councell The Councell which was begun at Ferrara 1438 and continued at Florence was never received and approved of in this Realme of France The Bishop of Panormo tells us so The King of France saith he did expresly forbid upon great penalties that any of his dominions should goe to Ferrara to celebrate the Oecunmenicall Councell Charles the seventh telles some Cardinals downright so who were sent Ambassadours from Eugenius and were come to Bruges to get him to accept of it and amongst others to present him with this Article That since such time as it was translated to Ferrara the King should reject the Councell of Basil and receive the Councell of Ferrara with the acts thereof Whereto he made answer after six dayes deliberation with his Prelates and others assembled at Bruges That hee had received the Councell of Basil for a Councell indeed that he sent his Ambassadours thither that many things were there wisely determined concerning faith and mannersâ— and such aâ— hee liked well of But for that of Ferrara hee never did nor never would take it for a Councell 17. These articles and answers are extant in the workes of Nicholas de Clemâ—ngiis And yet for all this Clement the seventh styles this the Eighth Generall Councell For marke how he speakes of it in his Bull of the 22. of Aprill 1527. directed to the Bishop of Farnasia Wee cannot chuse but lâ—nd you our assistâ—â—ce in the impression of the Acts of the eighth Generall Councell held at Florence which you have translated out of Greeke into Latine True it is that Laurence Surius disavowes it when he saith it was not well said to call it the eighth Councell because that 's not it's place He wist not haply that a Pope so saith Bellarmine them to a
that whatsoever they can urge concerning this point hath beene heretofore urged to our precedent Kings but in vaine and with no effect for they would never give eare to the publication of a thing so dangerous both to the Church and State CHAP. II. Of the instances which have beene made unto the late Kings for the receiving of the Councell of Trent 1 THe Councell of Trent was no sooner finished but Charleâ—â— the ninth was moved by the Ambassadours of Pope Pius the fourth of the Emperour the King of the Romanes the King of Spaine and the Prince of Piemont to keepe and cause to be kept within his Dominions the Canons and decrees of that Councell Marke the very Article of their ambassage The first point is that they have sollicited the King to observe and cause to be observed in all his Kingdome Countries places and Signiories within his Dominions the articles of the holy Councell lately holden at Trent which they had brought with them And to the intent they might be read unto him and an oath administred before the delegates of the said Councell the King was appointed to appeare at Nants in Loraine upon our Ladies day in March where the said Grande's would likewise appeare they and all the Kings and Princes of Christendome where they determined to make an universall law like to that which was was enacted and agreed upon at the said holy Councel for the extirpation of heresies and uncouth doctrines such as should be found repugnant to the holy Councell aforesaid 2 They made also some other requests unto him as that he would put an end to the alienation of the temporall goods of the Church that he would cause the ringleaders of the seditious and schismaticall persons in his Dominions to be punished that he would revoke the pardon and absolution granted by his proclamation especially in respect of such as were guilty of treason against the Divine Majestie that he would put his hand to the sword of justice for the punishing of the murther committed upon the person of the late Earle of Guise To all which demands he made answere by writing in this sort I thanke your Masters Majesties for the good and commendable advice they give me and you also for the paines which it hath pleased you to take in that behalfe giving you to understand that my very purpose is to live and cause my people to live according to the ancient and laudable custome kept and observed in the Church of Rome and that the peace which I made hereupon was to cleare my Kingdomes of the enemie and for the present my desire is that justice be observed in all places of my Dominions But I intreat them to hold me excused for a reason which I shall send unto them in writing and because I will have the advice of the Princes Lords and persons of note of my Counsell which I will call within these few dayes for that purpose 3 It was determined by the Counsell not to hearken to these perswasions and impressions and that not only now but afterwards also in the yeere 1572 when Cardinall Alexandrino the Popes Nephew came forth of Spaine into France with commission to reinforce this instance And yet this King may seeme to be more obliged herein then his successors considering how hee had bestirred himselfe for the continuation of the Councell ever since his coming to the Crowne and how he had sent his Ambassadours and Orators to it and had caused the Bishops and Abbots of his Kingdome to goe thither As appeares both by his letters writ to the Councell and by the relations of his Orators more particularly by that of the Lord of Pibrac As for the reasons of his refusall wee shall speak of them anon 4 King Henry the third was entreated and urged in this point severall times not only by the Pope but also by the Clergie of his Kingdome who never ceased hammering of this iron yet could they not worke it to their liking Monsieur Arnalt of Pontac Bishop of Bazas doth testifie as much in an oration of his delivered the third of Iuly 1579 This thing saith he speaking to the King about the receiving of the Councell for which the Clergy hath many times heretofore petitioned you and namely in the last generall assembly of the States holden at Blois He meanes especially that in the yeere 1576. where Monsieur Peter Espinac Archbishop of Lyons in an oration made by him in the name of the State Ecclesiasticall of France speakes thus unto the King They most humbly desire you that according to their more paâ—ticular requests exhibited in their Remonstrancesâ— you would authorize and cause to be published the holy and sacred Councell of Trent which by the advice of so many learned men hath diligently sought out all that is necessary to restore the Church to her primitive splendor Wherein Sir they hope and expect from you as a most Christian Kingâ— and most affectionate to the Church of God the assistance of your authority to put this reformation in execution And here it is worth observing that diverse Ecclesiastickes were of opinion That the publication and observance of the said Councell might be required without any prejudice to the liberties of the Gallicane Church with exemption of the jurisdiction of the Cathedrall Churches of this Kingdome which they enjoyed at that present and of such priviledges and dispensations as they had already obtained and not otherwise Whereupon a protestation was drawne the 23. of December in the same yeere and afterwards printed 1594. the 26. of that moneth Certaine delegates of the Church appeared in the Councell and exhorted the three Estates to tolerate but one religion viz. the Catholique Romane and the Councell of Trent and to take a view of those Articles which are generall and common to all the three Estates to have them collected into one scrowle and authorized by the King to make them more authentique Yet for all this nothing was done as appeares by the report afterwards set forth in print 5 The same request was againe repeated by the Clergy of France assembled at Melun in Iuly 1579. as appeares by the speech made before the King by the prenamed Lord Bishop of Bazas out of which wee have extracted these words The Clergy humbly entreateth your Majestie that it may be lawfull for them by your authority to reduce Ecclesiastical discipline and reforme themselves in good earnest Amongst all the rules of reformation and discipline they have pitched upon those which were dictated by the Holy Ghost and written to the holy generall Councell of Trent in as much as they cannot finde any more austere and rigorous nor more proper for the present malady and indisposition of all the members of the body Ecclesiastick but chiefly because they are tyed and bound to all lawes so made by the Catholick Church upon paine of being reputed schismaticall against the Catholick Apostolick Church of Rome and
in what need of reparation the Churches stand 13 The Royall jurisdiction in France suffers prejudice hereby considering it belongs to the Lay Iudges to take order for such reparations as wee shall prove in another place hereafter But that which is ordained in the tenth Chapter of the twentie fourth Session is yet more exorbitant namely That the Bishops as Delegates of the holy See have power to ordaine rule punish and execute according to the determination of the Canons in all things which concerne the visitation and correction of their subjects Whence it will come to passe that if a Bishop condemne any of the people under his jurisdiction for eating an egge in Lent or any such like thing hee must trudge to Rome to get his sentence made good 14 The like here is decreed concerning the visitation of Hospitals Fraternities and all kinde of sacred places Colledges and Schooles For it is given unto the said Bishops as Delegates for the Popes although it belong unto them by virtue of their ordinarie jurisdiction by the Decree of the Councell of Vienna holden under Clement the fifth at least for asmuch as concernes Hospitals And in our France such visitations belong to the Lay Iudges and especially to the great Almoner who hath the super-intendence of them So saith King Henry the second in expresse termes in his Ordinance of the yeare 1552 Our great Almoner saith he hath the super-intendence cognizance over the Hospitals and Spittles of our Kingdome that they bee well and dulie maintained as well for the reparation of them as for the imployment of the moveable goods thereunto belonging And whether the poore sick folks and distressed persons resorting unto the said Hospitals bee entertained and lodged maintained and fed according to the revenues of the said Hospitals As also to compell the masters and Administratours of such Hospitals to make account of the said meanes and revenues See here that which compriseth every part of the visitation and all that belongs to the office of him that is to bee the visiter 15 By another Ordinance of King Francis dated the fifteenth of Ianuarie 1546 the visitation of the said Hospitals and other charitable places is committed to the Iudges Royall Ordinaries of the place where such Hospitals are situate All Governours and Administratours of Hospitals or other charitable foundations shall be compell'd by our Iudges of the places next adjoyning to give up their accounts of the revenues and administration of the said Hospitals by what titles soever they hold them together with the charters and titles of their foundation if they have any within two monthes after the publication of these Presents Whom wee command and expressely injoyne everie one respectively within his Precincts and jurisdiction that immediatly after the publication of these presents they visit the said Hospitals and charitable foundations to enquire of the revenue estate and reparation of the places and the number of beds and poore people whom they shall finde there It is true that upon the publication of the said Ordinance there was some opposition made by certaine Bishops and Abbats of this Kingdome and by the grand Almoner but upon the said opposition there was no more decreed by the Court of Parliament of Paris but this That out any regard therunto had they should proceed to the publication ordaining nevertheles That within every one of their Ecclesiastical Precincts each Ordinary Bishop or Abbat the grand Almoner might commit and delegate one or two honest men to assist the Iudges who were to execute the said letters patentsâ— yet without hindring or contradicting the said Iudges in such manner as that the Kings will and pleasure might bee put in execution This Ordinance was yet further confirm'd by another of the same King Francis dated the sixth of Februarie 1546. And by another of Henrie the second the twelfth of Februarie 1553. 16 With better reason may wee say that the visitation of Schooles erected for the institution of youth should belong to Lay Iudges Howsoever it bee such visitations are not cases reserveâ— to the Pope and therefore this Delegation is against the rules of the Canon law As is that also which is granted unto them for the execution of things given to pious uses in such cases as are allowed by the Law The Bishops saith the Councell as Delegates for the See Apostolique shall bee executours of all pious donations given as well by last wils and Testaments as by those which are yet alive in such cases as are permitted by the law Now by the ancient Decrees they are executours of such donations Iure proprio Witnesse Gregorie the ninth in a â—ecretall of his Be it that all testaments to pious uses should bee taken care for by the Bishops of â—he places and that all things should be confirmed according to the will of the deceased Howbeit the testatours themselves should have prohibited c. Which he further confirmes in another Decretall The executours appointed by the Testatour after they have undertaken that charge ought to bee comâ—ell'd by the Bishop of the Diocese to performe the will of the Testatour The like was ordâ—inâ—â— by the constitution of the Emperour Anthemius If the Tâ—statour saith he hath expressed the summe of the legacie or Testament in trust given to pious uses without appointing the partie that shall bee executour of his will the Reverend Bishop of the citie where the testatour was borne hath power to exact what was bequeathed to that end executing the holy intention of the deceased without any delay 17 A man might observe divers other Articles of this Councell where such delegations are granted to Bishops and Ordinaries which is as much as to annihilate their intire jurisdiction and devolve it upon the Pope that so all may depend upon him and his power may be so much the greater Wherein many men are prejudiced to wit the Bishops who loose that which belongs unto them having it onely by way of loan or in a precarious manner The Metropolitans who are hereby deprived of the appeals which should come unto them from the sentence of the Bishops And the Lawyers as well Ecclesiasticall as Lay who must bee constrained to goe to Rome either to voyd the appeals which will be put in or at least to get new Commissioners in case hee faile to appoint the judgement In partibus according to the liberties of France which will be as great a foile as can be imagined 18 Weâ— will now speak of Evocations which is another mightie means for the Pope to make him absolute Lord of all Ecclesiasticall justice to get the cognizance of all causes which hee shall thinke good to make his Court more frequented than ever it was This Councell after it had decreed that the judgement of causes cannot bee taken from the Ordinaries by any extraordinarie commissions Evocations nor Appeals it addes Except in such causes as ought to bee tried
by thine owne sentence in as much as thou writest Cursed be he that doth not keepâ— the Apostolicall commandments which it is well knowne thou both heretofore many wayes hast and at this present doest violate trampling under foot both the lawes of God and the holy Canons of the Church at once making them of no effect nor use in as much as thou canst never treading neere the footsteps of thy predecessors the Bishops of Rome We therefore having experience of thy craft and subtilty observe withall thy indignation and high swolne ambition and wee doe not yeeld an inch to thee nor to thy pride whereby thou hastenest to bring us under hatches prosecuting herein the desires of our enemies but thy favourites Nay thou shalt know we are none of thy Clerkes as thou doest boast and bragge but that thou shouldest acknowledge us for thy brethren and fellow-bishops if thy arrogancy would permit thee so to doe 14 When the Popes had not power enough of themselves to compasse their ends to tame Princes to trouble and enthrall Christendome or haply when they would set a fairer glosse of justice upon their actions and cut off all means of gainsaying then they releeved themselves by the authority of some Councell or other called together by their cunning and packed up according to their humour whereunto all men in honour and reverence to the Church readily submitted themselves as unto some divine Oracles Till at last they begunne to finde out the mystery and perceive plainly that those assemblies under colour of piety and religion served but for instruments to the Popes humours to wreake their humane malice stucke close unto their tyrannyâ— and gave authority to their injust usurpations This was it which oft times gave occasion to reject those Councels as spurious and adulterate as the Synagogues of Satan yet alwayes conserving a due reverence to those true holy lawfull and Oecumenicall assemblies assembled in the name of the Holy Ghost wherâ—of we shall give you an instance or two 15 Gregory the seventh excommunicated the Emperour Henry the fourth by vertue of a famous Councell holden at Rome in the yeere 1074. The Pope say the German Chronicles called a famous Synod of Bishops and other Ecclesiasticall Prelates at Rome in which Councell divers things to bee observed by all Christians concerning the Popes authority were enacted and ordained There also was Henry afterwards excommunicated as an enemy and persecuter of the Church Platina hath set down the forme of that excommunication An English Monke doth ascribe it to the Councell of Cleremont but he doth but equivocate in that unlesse hee meane that it was repeated there Yet for all this the Bishops of Germany did set so light by it that the next yeere after being Synodically assembâ—ed at Brixin in Austria they deposed Pope Gregory and chose Gerbert Archbishop of Ravenna in his stead calling him Clement Henry desiring to secure the fluctuating and troubled estate of the Church they are the words of the same Chronicle called a Councell at Brixin a City in Austria where he assembled all the Bishops and Abbats which were of his opinion against Pope Gregory In which Counceâ—â— they by their decrees deposed Pope Gregory in his absence from the See apostolique as a perturber of the Church and a wilde headed Monke for he was a Monke before he was Pope and chose in his place Gerbert Archbishop of Ravenna Afterwards he sets downe the very words of the Decree Platina though an officer of the Popes affirmes as much Then saith he Henry being rather incensed than admonished by these censures having assembled a company of Bishops ill affected like himselfe he created Gerbert late Archbishop oâ— Ravenna Pope and called him Clement The Councell of Cleremont holden under Vrban the second and where hee was personally present in the yeere 1094. or as others are of opinion 95. made the like attempt to excommunicate King Philip in his owne kingdome by reason of his marriage and againe in a Councel holden at Poictiers not long after by the Popes Legates In this Councell saith Matthew Paris speaking of that of Cleremont Pope Urban excommunicated Philip King of France And another English Author In this Councell the Pope excommunicated King Philip of France and all such as should call him their King or their Lord and which should obey him or speake unto him In like manner Ivo Bishop of Chartres speakes of them both By reason of this accusation King Philip was excommunicated by Pope Urban at the Councell of Cleremont and having resumed the same wife after he was divorced from her he was afterwards excommunicated at the Councell of Poictiers by the two Cardinals Iohn and Bennet Notwithstanding which excommunication he was crowned by the Archbishop of Tours in a full assembly of other Bishops Know you therefore saith the same Bishop of Chartres in a letter of his to Pope Vrban whose partisan he was that contrary to the prohibition of your Legat the Archbishop of Tours hath set crowne upon the head of the King He speakes afterwards of the election of a Bishop made at the same time by those who were assembled with the said Archbishop And in another epistle of his to one of the Legats of Pope Paschal the second Certaine Bishops saith he of the Province of Belgia crowned the King upon Whitsunday â—ontrary to the Edict of Pope Vrban of happy memory In another Epistle formerâ—y writ to the same Vrban he gives him to wit how Philip had sent Ambassadours unto him with prayers in one hand and threats in the other such as these That the King and Kingdome would relinquish their obedienec to him unlesse he did restore the King unto his crowne and absolve him from the sentence of excommunication And afterwards he advertiseth him how the arch-Arch-Bishops of Rhemes Sans and Tours had by injunction from the King appointed their suffragan Bishops to meet at Troyes the first Sunday after All-Saints day after he should have returned his answer Whence we collect two things first that the Bishops of France did not cease to acknowledge their King nor to obey him and communicate with him notwithstanding the prohibition from the Councell of Cleremont next that they were very ready to put in execution those threats which the Ambassadours went to make unto the Pope in case he did not condescend unto the Kings pleasure And yet that was as renowned a Councell as this of Trent if not more where the Pope himselfe was present in person where that great Croisada for the holy Land was concluded upon and one of our Historians speaking of it calls it in terminis The great Councell In the yeere 1215 Innocent the third in a generall Councell holden at Rome did excommunicate Lewes the eldest sonne of Philip Augustus King of France with all his adherents The same yeere saith an English Monke upon S. Martins day was there a generall
consisting of Archbishops Bishops Chapters Abbats Deanes Provosts and other Ecclesiasticall persons together with Doctors of Law both divine and humane and other learned men of the Realme and also of the chiefe Lords of France and others of the Kings Councell about the receiving of the Councels of Constance and Basil. I say Synod for so it is called in the act of Appeal of the University of Paris A while after King Lewes the eleventh assembled a Councell of the Gallicane Church and all the Vniversities in the City of Orleans as well to understand the purport of the Pragmatique Sanction as to give direction for the annates of benefices saith the Author before alledged Before we leave France wee will set downe what an English Historian saith of the Councell of Rhemes holâ—en by Pope Eugenius the third â—â—4â— About that time saith he Eugenius Pope of Rome coming into France out of the affection hee bore to Ecclesiasticall discipline set up a generall Councell aâ— Rhemes where he sitting with a great company of Bishops and Nobles there was a pestilent fellow brought before him who being possest with a devill had seduced a great many by his tricks and juglings 30 Spaine can furnish us also with such like examples and assure uâ— that when it pleased their Kings even Lay men were admitted into theiâ— Councels to have a deliberative voice there and to judge of matters 31 This may be collected from the sixth Councell of Toledo holden under King Chiutillaud and by his authority the yeere 654. where in the thirâ— chapter we reade thus Wherefore we decree and denounce with heart and mouth this sentence pleasing to God conformable to our Kings and do furthermore ordain with the consent and advice of the Grandés and honourable persons of his Kingdome c. To the same effect we finde the eighth Councell of Toledo holden under King Recessuinth and by his command subscribed with the signes of fifteene of his Officers King Eringus caused divers of his Lords and officers of the Court to assist at the twelfth Councell of Toledo holden in the yeere 681â— and ordained them for Iudges together with the Bishops to consult of such things as should bee handled there to all whom hee made this exhortation at the opening of the Councell I doe admonish and conjure you in commune both you holy fathers you right honourable of my royall Court whom we have chosen to assist in this holy Councell by the name of God and as you will answer at the dreadfull day of judgement that without all favour or acceptation of persons without any froward wrangling or â—esire of perverting the truth you treat of such matters as shall be proâ—osed unto you with a sound examination and that you expresse them with a more sound judgement His subscription to the Acts of that Councell have these words Great good will accrue to our Realme and people if these decrees of the Acts of the Synod as they were made by our procurement so they bee confirmed by the oracle of our lasting law To the end that what the reverend Fathers and Lords have ordained by virtue of our command may be defendeâ— by our Edict All his Courtiers and Officers are subsigned to the Acts of that Councell 32 The same forme was observed in England for in the yeere 905. King Edward and Plegmond Archbishop of Canterbury assembled a great Councell of Bishops Abbats and other faithfull people in the southerne parts of Englandâ— saith Matthew Westminster 33 In the yeere 1150. King Stephen having done what hee would at Yorke and the adjoyning shires returned towards the southerne parts about the feast of Saint Michael th' Archangell to keepe a Councell at London together with the Bishops and Nobles of England both for the affaires of the Kingdome and of the Church of Yorke which was then vacant 34 The yeere 1170. at the request of the King of England two Cardinals Albert and Theodinus were sent into France from the See Apostolique who having called a great assembly of Ecclesiasticall persons and Noblemen within the territories of the King of England they solemnly admitted him to purge himselfe of the murther of Thomas Archbishop of Canterbury 35 In the yeere 1190. the Bishop of Ely Chancelour of England and Lieutenant generall of the Realme in the absence of King Richard the second who was then at the warre in the Holy Land called the Bishops and Lords of the Kingdome together And presenting them upon the suddaine with the inâ—strument of his Legation hee openly declared himselfe with a great deale of pompe and insolency to be Legat oâ— the See Apostolique 36 Come we backe to the Emperours there we have the example of Othâ— the first who made up the Councell which he held at Rome for the condemnation of Pope Iohn of Ecclesiastiques and Lay men Of which ranke these are named by Luitprandus Of the Nobles Stephanus filius Iohannes superista Demetrius Meliosi Crescentius Caballi marmorei Iohannes Puisina Stephanus de Musa Theodorus de Rusina Iohannes de Primicerio Leo de Camurzuli Ricardus Petrus de Canaperia Benedictus Bulgaminus his sonne Of the communalty Peter Imperiola with all the Roman army And afterwards by their unanimous advice the Emperour pronounced the sentence of condemnation against Iohn and created Leo in his stead by the same advice 37 We have also the example of Henry the third Who saith Polanus having called a Councell at Worms consisting of foure and twenty Bishops and many of the Nobility he there commanded the decrees of Pope Gregory to bee disanulled 38 We may further alledge the example of Popes For Adrian did summon many Lay men to the Lateran Councell holden by him and Charles the great what time he caused him to bee proclaimed Emperour There was a holy Synod called saith a good Author by Pope Adrian of happy memory at the Palace of Lateran in the Church of St. Saviour which was most solemnly kept by fifty three Ecclesiasticall persons Bishops or Abbats together with â—udges Magistrates and Doctors of Law from all parts and also personâ— of all states and conditions of that City and all the Clergy of the holy Church of Rome Who made enquiry concerning the customes lawes and manners of that Church and Empire consulting also by what meanes heresies and seditions might be rooted oâ—t of the Apostolique See and treating of the dignity of the Senate and Empire of Rome seeing that by reason of these thingâ— a foule errour was spread over the whole world 39 In imitation of him Pope Leo did the like in another Councell at the Lateran under the Emperour Otho the first For as much as your â—umility saith he doth humbly desire our Apostleship that dispatching the holy Synod assembled by your advice at the Patriarchall of the Lateâ—an in the Church of St. Saviour and consisting besides of Iudges and Doctors of
word The execution whereof ensued as rigorous as ever For one Mr. Otho who was sent as Legat upon that occasion did not spare excommunications causing besides certaine great summes of money to be levyed for the defraying of his charges because as he said in this commission hee was not bound to make war at his owne charges Mean while the Legat not forgetting himselfe did not neglect to extort both money and meanes for himselfe for compelling every one to pay him procurations he sent certaine rigorous injunctions to the Bishops and Archdeacons to this effect He afterwards demanded the fifth part of all the goods and spirituall revenues of the Clergy men aliens who had any preferments in England whereof there were then good store and from them hee proceeded to the rest and all to make warre against the Emperour Frederick And whereas divers were marked out for that beyond-sea voyage hee dispatched a pretty commission to his Legat to absolve them of their vow and to exact of them certaine great sums of money All these evils were occasioned mainly by the softnesse of King Henry the third who when it was asked by his subjects Why he would suffer England considering the large priviledges thereof like a Vineyard without a wallâ— to ly open to the prey and desolation of passengers He replyed â— neither will nor dare contradict the Pope in any thing 28 Nor is here an end For about that time saith the same Authour there came into England a new way of exaction most execrable and unheard of in any age For our holy Father the Popeâ— sent a certaine exacter into England Peter Rubeus by name who was instructed to wipe the poore English of an infinite masse of money by a new invented mouse-trap trick For hee came into the Chapters of the Religious cozening and compelling them first to promise and then to pay after the example of other Prelates whom he lyingly affirmed to have payed already For he said Such and such a Bishop such and such an Abbat have already freely contributed why doe you slowbacks delay so long that you may loose your thanks with your courtesie Besides this cheater caused them to sweare not to reveal the manner of this exaction to any till halfe a yeere after like robbers who compell those they rob to promise that they will not speake of it But though men should be silent the very stones out of the Churches would cry out against such rake-hells This fit of the fever descended like an hereditary disease upon his successours Innocent the fourth knew well enough how to husband such a fertile field but so as he made all England cry out of him who brought their complaints as far as the Councell at Lyons in the yeere 1245 then and there demanding for justice and reliefe against these tyrannicall exactions and that even before the Popes nose who was there in person who as the Historians say casting his eyes downe for shame durst not say mum And for the Councell which regarded nothing but the Popes pleasure it was deafe on that eare The same complaint was afterwards put up in a Parliament in England by King Henry himselfe who begun to meane himselfe where these Articles were exhibited amongst others The Kingdome of England is grieved inasmuch as the Lord Pope is not content with the subsidy of Peter pence but doth extort a grievous contribution of the whole Clergy of Englandâ— and intends to extort far greater yet and this he doth without the assent or consent of the King against the ancient customesâ— liberties and lawes of the Kingdome and against the appeall and protestation made by the Proctours of the King and Kingdome in the generall Councell 29 This Parliament used so much respect to the Pope as to content themselves with sending some soothing letters to him thinking to soften his heart with the relation of their miseries but this was all in vaine for the grievance grew daily greater and greater and indeed you may observe a new kind of extortion whereof complaint was made to King Henry There were lately brought certaine letters from the See Apostolique containing no little prejudice against the King and Kingdome to witâ— that the Bishops should maintaine some ten men of war well provided of horse and armour some five some fifteene to send over to the Pope for the service of the Church for the space of one whole yeere to be paid by the Bishops of England and imployed where the Pope should thinke expedient which Knights service is not due save only to the King and Princes of the Realme c. A little after The Pope taking courage to trample under-feet the poor English as the same Historian cals them and in trampling to impoverish them commanded the Bishops of England with more imperiousnesse than was usuall that all the beneficed men in England should contribute unto him to wit such as were resident the third part of their goods and the rest halfe adding withall some very hard conditions He sent to one M. Iohn his Legat that if any Bishop should make dainty of paying the subsidies which he demanded under colour of exemption that he should sesse them deeper Another English Historian speaks thus of this matter By reason of these and such like oppressions there was a great murmuring both amongst the Clergy and people insomuch that whatsoever was contributed was given with imprecations or to speake more properly and not conceall the truth with down-right cursings putting the Pope in minde of their grievances with a complaint proceeding from the bottome of their hearts and setting before him their insupportable oppressions And he afterwards addes these grievances The Church of England is intolerably vexed with infinite charges in the tenth of all their goods in the hastening of reliefes in the money levied for Souldiers in the subsidies divers times exacted by Otho the Legat in the paying of 6000 Marks in the twentieth part of their three yeeres revenues in the subsidie of the Roman Empire in the subsidie granted freely 30 Matthew Paris sets downe an infinite company of other barbarous exactions saying The charges were marvelously increased with a great deal of overplus and flowed day by day from the Court of Rome over the miserable Kingdome of England besides the burthen and unwonted slavery insomuch that the Bishops were debarred from the bestowing of their benefices till they had discharged these exactions and yet the pusillanimity of the King never contradicted it Horrible burthens and unheard of oppressions did spring up daily Wee have thought fit to insert in this booke not all the charges for that would be a very hard thing nay altogether impossible to set downe but onely some few to the end that such as read them may bee sorry for them and pray to God that we may be one day freed from them We should spend too much paper in setting downe all which is
delivered by him at large concerning this point it shall suffice us to recount the proverbiall speech of that Pope England said he is indeed the garden of our pleasures an exhaustible pit and where there is abundance out of much much may bee taken This proverb was received with all honour and reverence by his successour Alexander the fourth who sent one M. Rustand into England who rifled the purses of the poore Clergy-men soundly with the aid and assistance of the Bishop of Hereford who was licensed by the Pope to borrow money in the name of the Abbeys and Monasteries and to pawne their goods for the payment thereof Which he so effected that the money went to the Pope but the bond laid upon the Abbats and Priours which they were compelled to pay together with the costs and damages and interests The pretence was that that money should be imployed to the use of the Abbeys and Monasteries But for feare least the jugling should bee discovered he tooke a course to hinder the thing from ever comming to tryall by any meanes whatsoever An English Historian after he hath delivered this relation addes these words These things and others like detestable O shame O griefe did spring at that time from the sulphureous fountaine of the Church of Rome The same M. Rustand had commission to levie the tenth of the goods in England Scotland and Ireland and to raise some other great and intolerable exactions with injust actions and contumelious speeches heare what the â—ame Authour sayes of it At that time Rustand called all the Bishops of England together at London by virtue of the Popes authority to heare his commission where being met after the faculties of the said Rustand were read he brake with them requiring of them all an infinite summe of money by virtue of certaine writings full of injury and injustice which might have deeply wounded the hearts of the most patient men if that sum had beene levied the Church of England yea the whole kingdome should have undergone a most base servitude and beene throwne into an irrecoverable poverty Afterwards he commanded his debts to be discharged by the English Clergy writing to this or that Bishop by name to pay such a sum excommunicating such as were refractory There are an infinite examples of the like nature recorded by Historians from age to age which witnesse unto us that this is not a fault personall but perpetuall and Papall 31 Nor hath England only made these complaints France also hath divers times groaned and appeared to bee in a kinde inslaved Nicholas de Clemangiis a French Devine makes a long and ample description of the taxes and subsidies of the Popes amongst which he ranks the imposition of tenths divers other tributes What shall I say of the spoyling of Prelates of the too too usuall tenths and of other taxations And a little after What should I doe setting down particularly an infinite company of other tributary impositions which are dayly exacted of the most infortunate Clergy The Pragmatique of S. Lewes is very observable concerning this point Item we will not in any wise that there bee any levie or collections made of the charges and exactions of moneys imposed by the Court of Rome upon the Churches of our Realme by meanes whereof our said Realme hath beene impoverished Nor is it lesse considerable which Matthew Paris relates to have happened under that Prince About the same time saith hee the Pope sent his authentique letters to all the Bishops in France in particular by his solemne Nuncioes to the Predicants and Minorites intreating them that every one of them according to his ability would furnish him with a certaine summe of money which hee would undoubtedly repay so soone as he begun to get breath This comming to the Kings eare who suspected the avarice of the Court of Rome hee sent out prohibitions that no Prelate of his Realme should impoverish his countrey in that kinde upon paine of forfeiting all his goods And so those sophisticall Legats of the Pope upon whose shoulders this charge was laid returned out of the Realme emptâ—-handed with hissings and mockings He means Innocent the 4 in whose time King Lewes raigned the yeer 1247 what time this was done This was the Pope who so soone as he was come to Lyons to hold his Councell wherein he excommunicated the Emperour Frederick made such a pitifull complaint of his poverty and the great summes of money which hee ought that our French Prelats shifted themselves to their very shirts to exercise their charity towards him without sparing either gold silver moveables apparell vessels horses or other things whereby hee got an inestimable treasure 32 But the story of the Abbat of S. Dennis is memorable who having extorted great summes of money out of his Abbey to present unto the Pope as others did in hopes to be made one day an Archbishop S. Lewes the King as Patron of that Abbey compelled him to repay the said summe out of his owne purse Charles the 6 in a Decree made February the 18 1406 They take occasion to reserve the first-fruits in the vacancies and to extort great summes of moneyâ— wherby the kingdome is exhausted and to thrust themselves upon the Popedome for to enrich and preferre both them and theirs And in another Decree made the same yeere he accounts this amongst other extortions Imposing tenths and other subsidies at their pleasure without ever consulting with the rest of the Bishops about it in the raising whereof there is no meane observed either of justice or equity And in another made in March 1418. That an infinite deale of gold and silver and rents were transported out of the Kingdome and the Province of Dauphiny to the prejudice of the ancient customes and the undoing of the Realme to the irreparable losse and damage of the Common-wealth and the miserable desolation of the Churches aswell such as were of royall foundation as others We will here relate what Marsilius saith of tenths So that this Bishop speaking of the Pope seeking to get this jurisdiction over earthly Princes although wrongfully by such a kind of distribution or donation of such like temporall matters of benefices and tenths which when I looke upon all Kingdomes at once doe amount to an inestimable deal hee may stir up a great deal of sedition and indeed hath ever hithertowards so done and doth yet more especially in the Catholique Empire of the Romans 33 The Popes do likewise claim unto themselves the spoyles and inheritance of the rest of the Clergy therefore have denyed them so much power as to make their wils and dispose of their owne goods Concerning which wee have already heard the testimony of Nicholas Clemangius let us now heare what Marsilius of Padua saith Adde hereunto saith he a new branch of that root how that the Bishop of Rome by virtue of that plenitude of power hath
universall dominion over all the world 11 Afterward hee applyes unto him certaine places of Scripture which speake of God Of whom saith hee it was written by Iob that those which beare up the world stoup before him and that the Kings of the earth are matters worthy of derision that hee onely hath all power the Scripture saith that hee is one and there is not a second and that it was writ to him Thou art alone and there is no man with thee And againe Thou art mighty over all them which are mighty To whom all justice power and Empire doth belong as the Prophet testifies and whom David afterwards meant when he said Hee hath given him the power and the Kingdome and all people and languages are subject unto him And presently after hee saith The greatnesse excellency commodity and necessity of the Popedome is seene in this that as the Philosopher testifies the world could not bee governed if there were not some supreame principality in it Wee must needs come to him onely who directs and governs all particular things by whose managing and disposall all actions of the Hierarchies are ordered that in fiâ—e the disposall of this lower world may be administred conformably to the Celestiall Monarchy And yet more The power of Iustice would decay witnesse the same Philosopher if there were not one in the world to administer it to all and supply the defects of the negligent And againe There can bee no true nor right Common-wealth if there bee not one above all the rest to guide and governe them Which is the Pope the Vicar of the immortall God Afterwards he ascribes unto him a commutative and distributive justice over the universall world and speaking of this last hee saith that being exercised by him it doth institute and ordaine dignities principalities Kingdomes and Empires according to merits and transferre them from one Nation to another according to their demerits 12 Hee that will not bee content with this may further read the Oration which was spoken in the presence of Pope Pius the second by the deputies of Florence registred in his History by Aâ—tonine Archbishop of that City for the instruction of posterity Hee may read also that which one Iames de Terano Chamberlaine to Vrban the 6 hath written concerning this point and Avarus Pelagius great Penitentiary to Iohn the 22. Together with other mercenary authours the Popes domesticks who spare no qualities either devine or humane to set forth unto us the power the dignity and the divinity of the Popedome Which authours and others above by us alleadged are so well approved by them that they sleep upon their pillows just as Homers Iliads did upon Alexanders For that same Austin de Ancona out of whom we formerly cited many maximes and those of the finest wâ—s dedicated by the authour to Iohn the 22 Ann. 1320 and afterwards to Pope Gregory the 13 by a Generall of the Order of the Austin Friers and printed at Rome by George Ferrarius Ann. 1582 with expresse priviledge of the same Gregory And Lancelot Conrade who helps well to build up this divinity and omnipotency out of whom we have cited some passages professed in his Preface that his booke was approved by Pope Pius the fourth one of the authours of the Councell of Trent and one that did the most good there To make this assertion yet more evident you need but read the Index expugatorius set out by the authority of the Councell of Trent where neither any authors of this stampe nor any of their fooleries and impieties are ever condemned but all those who in divers ages have beene so sawcy as to open their mouthes and utter any truth against the Holy See who have gone about to defend the right of the Church of the rest of the Clergy of Kings and Emperours against the tyranny of Rome CHAP. XII Of the complaints and oppositions which have beene made against the Popes dominions over Kingdomes and Empires NOw these great attempts as they have occasioned great mischiefs so have they raised great complaints and just disobediences to their unjust commands Our French men both Lay and Clergy assembled in a Councell at Rhemes about the yeere 870 gave Pope Adrian the 2 to understand who would have put this Realme of France in an interdict and bestowed it upon another by reason of the question betwixt King Charles the Bald and Lewes the son of Lotharius that his attempt was a novelty and unusuall and they would never suffer it For see here the resolution which was sent unto him on their behalfe by Hincmare Archbishop of Rhemes That hee could not be both King and Bishop at once that his predecessours disposed and governed the Ecclesiasticall order a thing which belonged unto him and not the Common-wealth which belongs unto Kings 2 In this action wee may observe a double abuse First that the Pope undertakes to transferre Kingdomes by excommunications next that it is not for any spirituall matter but upon a difference of succession and therefore that assembly added That it was not fitting for any Bishop to say that it is lawfull for him to deprive a Christian of his title so long as he is not incoâ—rigible and the question is not of his personall faults but of the loosing or getting an earthly Kingdome 3 The Emperour Henry the 4 was excommunicated by Pope Gregory the 7 Ann. 166 and Ralph Duke of Suevia set up in his stead by his authority and that because he did not make his appearance before him being summoned upon pretence of Simony which he injustly laid to his charge The quarrell grew betwixt them upon this oâ—â—asion that the Pope was elected without the Emperours consent contrary to the ancient custome Whereupon a German Bishop writes thus I read and read againe the lives and Acts of the Roman Kings and Emperours but I never finde that any of them was excommunicated or deprived of his Kingdome before this unlesse we take that for an excommunication which passed in the case of Philip the first Christian Emperour who was put among the penitents by the Bishop of Rome or that of S. Ambrose who prohibited Theodosius the Emperour from comming into the Church because he had murthered many men 4 Godfrey of Viterbe in his Pantheon which he dedicated to Vrbane the 3 saith as much Wee never read that any Emperour before this was excommunicated by the Pope or deprived of his Empire Yet the Abbot of Vsperge saith that there are examples of it and hee urgeth that of Pope Gregory the 3 who caused all Italy to revolt from their obedience to the Emperour Leo whom he had excommunicated and deposed from his Kingdome yet withall hee gives us to wit that hee doth not approve the fact Howbeit saith hee the Popes of Rome challenge this power unto themselves and make their boast that they have done it yet we acknowledge these things came to passe
saith an old French Historian by the will and command of the same most milde Prince a Synod holden at Mentz a Metropoliticall Citie of Germany where Rhabanus the reverend Archbishop of the place was president 10 There was afterwards a Councell holden at Valentia under King Lotharius in the yeare 855 the Acts whereof speake in this manner The most reverend Bishops of three provinces being by the command of King Lotharius assembled together in one body at the City of Valentia upon occasion of the Bishop thereof who had beene cited and impeached of diverâ— crimes The History of Rhemes mentions a Councell at Paris called by the same King That the Canons concluded and agreed upon at the Generall Councell assembled in S. Peters Church in Paris by the diligence of King Lotharius bee inviolably observed It mentions also another called by Charles the Bald In the yeare 845 Charles called the Bishops of his Realme to a Synod at Beavis summoned forth of the Province of Rhemes King Lewes the second as we have elsewhere observed prescribed to the Councell of Pavy holden 855 what points they should consult upon whence it follows that that Councel was called by his command as wel as the rest The Councell of Wormes was called by the same King Lewes the second anno 868 We being assembled in the City of Wormes in the yeare of grace 868 by the command of our most excellent Illustrious Soveraigne King Lewes to treat of certaine points concerning the good of the Church 11 An old French author tells us that the same King caused another to be assembled at Cullen anno 870. There was a Synod holden at Cullen saith he by the command of King Lewes Iohn le Maire tells us that Lewes the Smatterer called another at Vienna in the time of Pope Formosus anno 892. 12 King Arnold held another at Tribur anno 895 which consisted of a great many both Ecclesiasticall and lay men In the yeare of our Lord 895 the eighth of his reigne the thirteenth Indiction in the moneth of May the King came by the instinct of the holy Ghost and the advice of his Princes to the royall City of Triburia seated within the French dominions accompanied with the precited Bishops Abbats and all the Princes of his kingdome and a great number both of Ecclesiasticall and Secular persons repairing thither c. Now if the King held the Councell I suppose none will deny but he called it 13 Hugh Capet who lately reigned in France saith Iohn le Maire called a Councell at Rhemes in Champaigne consisting of the Prelates of the Gallican Church where he caused Arnalt Archbishop of Rhemes to be deposed 14 In the yeare 1140 by authority from King Lewes the younger there was a Synod held at Sens of the Bishops Abbats and other religious against Peter Abelard who scandalized the Church by a prophane novelty both of words and sense 15 Philip Augustus saith an ancient Frenchman called a Generall Councell at Paris anno 1179 of all the Archbishops Bishops Abbats as also all the Princes and Lords of the Realme of France He called another likewise in the same Citie anno 1184 to entertaine the Patriarch of Ierusalem and consult about sending aid against the Saracens He commanded saith the same Author that a Generall Councell should be called of all the Archbishops Bishops and Princes of his Realme The Bishop of Chartres tells us there was another called at Troyes by his commandement 16 Pope Eugenius the third of that name saith Le Maire being come into France as well to avoid the tumultuous fury of the Romanes as to animate Christian Princes to the beyond sea voyage King Lewes the younger sonne of Lewes the Fat caused a Councell to be assembled in the towne of Vezelay in Burgundie of all the Prelates Princes of France to whom hee purposed to declare by the mouth of Saint Bernard Abbat of Clerevale all the misfortunes that had befalne in the holy Land There was another called at Paris by the command of Charles the sixth where he was in person attended by the Nobilitie of his Princes and Barons 17 So likewise Lewes the eleventh called one at Orleans Lewes the 12. one at Tours another at Lyons King Charles the ninth summoned the Bishops and other Prelates of the Churches within his Realme by his letters patents of the tenth of September 1560. By whose advice we have concluded and agreed that a generall Assembly of the Prelates and other members of the Churches within our dominions be held the 20. of Ianuary next ensuing to conferre consult and advise what they shall thinke fit to bee proposed at the said Generall Councell if so be it bee holden shortly And in the meane time resolve amongst themselves notwithstanding of all things which may upon our part any way concerne the reformation of the said Churches In a word it is a thing without all peradventure so that wee may now conclude that the calling of Nâ—tionall Councels belongs unto the King of France within his owne kingdome And as oft as we finde that any Councell was holden in France if there be no particular mention of the calling of it we must alwayes presume it was by the authoritie of our Kings 18 Sometimes indeed it was not by their command but by their bare consent and approbation as that of Arvergne which was held by the consent of King Theodebert The second of Tours by consent of King Charibert That of Meaux by consent of Lewes the younger anno 846. That of St. Medard of Soissons by consent of Charles sonne to Lewes the Emperour in the yeare 853. One at Cullen under Charles the Grosse anno 887. and another in France by the approbation of Lewes the father of St. Lewes in the yeare 1222. And this must be understood of all those Councels which we reade were called in France by the Popes their Legates or other Prelates for this was alwaies done either by the expresse consent of our Kings or else by their toleration as hath beene particularly expressed of two to wit that of Cleremont and another of Rhemes Which as Iohn le Maire saith were holden by the approbation and consent of King Lewes the Grosse and whereat Pope Innocent the second was present Vnlesse perhaps it be some few which were holden against them as that of Compeigne called by the Prelates of France against Lewes the Gentle that of Rhemes by Benedict the seventh against Hugh Capet that of Dijon by one of the Popes Legates against Philip Augustus that of Cleremont in Arvergne by Vrban the second against Philip and such like But for such as these wee may call them spurious and illegitimate Councels unlawfull Conventicles and Monopolies for so Iohn le Maire calls that of Compeigne although it was called by the consent of Pope Gregory the fourth 19 Let us now passe over into England which will
whereat the said Archbishop was highly offended in so much that he with other Bishops at the Synod of Estampes were upon the point of revoking the said consecration made by the Pope as prejudiciall to the authoritie Royal. See here what the same Bishop saith of it in a letter to Pope Vrban Moreover I give your Holinesse to wit that the Archbishop of Sens being infatuated by the counsell of the Bishop of Paris having summoned the said Bishop of Paris and two others of the same humor to wit he of Meaux and he of Troyes did very indiscreetly accuse me this present year because of the consecration which I had received from you saying that I had offended against the Kings Majesty by attempting to receive my consecration from the See Apostolique We have heard before what this same Bishop said of Investitures speaking of the King of France 26 We may now conclude that elections nominations and approbations in point of benefices have alwaies belonged unto our Kings and have beene at their free disposall By their last ordinances they have beene pleas'd as well to disburthen themselves of that charge as also to prevent the enterprises of the Popes to decree that elective dignities should bee conferr'd by elections and benefices which were not elective by the collations and presentations of the Collators and Patrons And this according to the Councell of Basilâ— which hath tied the Popes hands in this respect and the Pragmatique Sanctions of St. Lewes and Charles the seventh Yet this was still with two conditions one that the Kings Congé d'elire should bee requir'd by way of preamble at least in respect of Bishopriques and Abbeyes otherwise the election should be accounted a nullitie Which is verified by the letters of our Kings as farre as King Lewes the eleventh containing the said licence which may yet be found in the treasurie of Chartres in a great box quoted xxv Which right was declared to belong to King Philip the Faire when the question was about Saint Maglairs Abbey as some report 27 The other that the said Prelates before they could be called such should be bound to take the oath of allegiance according to the ancient custome as it was determin'd by the Arrests of the Parliament of Paris against the Archbishop of Anx and the Bishop of Mantes Which was observed in the time of Philip the first according to the testimonie of the Bishop of Chartres who in his epistles addressed to Pope Paschal speaking of the Archbishop of Rhemes who had beene depriv'd of his dignitie and for whose reestablishment the said Bishop had interceded to the Kings Councell The Princes Court saith he inclining to the contrary we could not obtaine an entire peace unlesse the said Metropolitan would make unto the King such an oath of allegiance as other Archbishops of Rhemes together with all the rest of the Bishops of this Realme of France how holy and religious soever they were made to the Kings his predecessors Divers authors beare witnesse of this oath of allegiance made by Bishops to their kings and princes both in England and France and other places some of them set downe the very forme 28 Since this time our kings have beene compell'd to divide their rights with the Popes to give them content and be at peace with them by taking away elections and reserving unto themselves in stead thereof the nominations and allowing unto Popes the confirmations By the ordinance of Orleans King Charles would have taken the Clergie and people in to his share by decreeing that when Bishopriques fell void the Archbishop and Bishops of the Province and the Canons of the Cathedral Church should meet togther with twelve gentlemen chosen by the Nobilitie of the Dioces twelve Bâ—rgesses chosen in the Guildhal of the Archiepiscopal or Episcopal Citie to make he a nomination of three persons of which the King should chuse one whom he pleased to name Which notwithstanding we never yet saw observed 29 Wee will say for conclusion that it is no small advantage to the Pope to have the confirmation of the Bishops of France which was granted him by the Concordat but it will bee farre greater yet if he keepe that authoritie which is given him by this Councel For by it hee will quickly bring all these Concordats to nothing and wil resume the extravagancies of his predecessors who had got all the elections and collations of the Bishopriques and benefices of this Kingdome into their Churches to the utter ruine and destruction of it draining the Realme of moneyes and filling it with strangers and bringing it to an extreame miserie as we say else where 30 We shall only here observe the particular interest of Kings and Princes for as much as concernes their power and authoritie whereof they ought to be very jealous if they marke it There is nothing which fortifies it so much as that right which they have to chuse and elect Churchmen nor which weakneth it so much as when the Pope hath an hand in it either in whole or in part Ivo Pishop of Chartres although hee had received his Investiture from Philip the first yet in asmuch as he had got his confirmation from Pope Vrban he was alwaies affectionate to him and the See Apostolique even to the prejudice of the King and Kingdome to whom he did sometimes very ill offices as wee collect from some of his epistles On the contrarie because Lupus had got the Abbey of Saint Peter de Ferriers in the Dioces of Sens by the donation of Charles the Bald he was alwaies loyall and he even brags of it in one of his Epistles 31 An English Historian though hee bee a Monke yet hee knew well how to set out this interest of Princes For speaking of the consecration of certaine Bishops of England made by Innocent the fourth when he was at Lions hee saith They were consecrated by the Pope not without great damage and danger to the Realme of England For the Pope having so ingaged the Bishops unto him they found themselves more obliged unto him and despising the King they were more inclined to doe mischiefe to the Kingdome 32 The Bishop of Chartres continuing his devotion to Pope Vrban gave him notice of this point upon the election of an Archbishop of Rhemes who he assured the Pope was very zealous for the See Apostolique adding afterwards Now how necessarie it is for the Church of Rome to place in that See a minister which is devout and affectionate unto her it is not for me to informe your wisedome which knowes very well that this See weares the Royall Diademe and serves for a patterne almost to all other Churches of France either of ruine or Resurrection 33 Not without cause did Pope Nicholas the first stomach at Lotharius because he would not suffer any Bishop to bee chosen in his Kingdome unlesse hee were faithfull and well inclined to
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
how bad soever they were as Constantius the Arrian Iulian the Apostat Maximus the tyrant when occasion place and the cause required it c. And they say that the scripture of this age holds that every Kingdome of this world is got by armes and enlarged by victories and cannot be purchased by excommunications from the Popes or other Bishops and they urge that holy Scripture saith that Kingdomes are from the Lord by whom Kings reigne and that by the ministerie of men and Angels he confers them upon whom hee pleases See here are things which without all compare deserve rather to be struck with an Ecclesiastical thunderclap than the giving way unto a Duell or interposing their authoritie in a matter of marriage 4 Now whatsoever others bee our Kings are exempted from such thunders so as neither the Bishops of this Kingdome nor strangers no nor the Pope himselfe have any power over them in this regard Wee have hereof divers testimonies our French men do avouch it in an article which was drawne by them in behalfe of King Lotharius against Pope Nicholas the first who would have excommunicated him for his marriage with Waldrada As hee cannot bee excommunicated say they speaking of the King by his Bishops whatsoever his fact bee so cannot he bee judged by other Bishops 5 Vincent in his allegations after he hath set downe the good deeds of the Kings of France towards the Church saith This is the cause why the Kings of France cannot bee excommunicated by reason of their priviledge else their labour should bee fruitlesse Likewise their souldiers and their men of warre and their Captaines inasmuch as they cannot offend by obeying them These last words must bee understood of an excommunication thundred out against the men of warre for this reason because they fight for their Prince 6 Lancelot Conrade a Lawyer of Millain subject to the King of Spaine saith as much in expresse termes The King of France pretends to have this prâ—viledge that hee cannot bee excommunicated neither by the Canons nor by men As the Doctours collect in the division of the chapter Vbi Periculum in princip de elect in 6. When the Parliament of Paris gave their opinion and all the Chambers met together about receiving the Cardinall d' Amboise and the qualifications that should bee put to his Faculties which was upon the eleventh of December 1501 The lawes of the Land and the liberties of the Gallicane Church were represented at large amongst which this was one That the King of France cannot bee excommunicated that his Kingdome cannot bee put in interdict as is collected out of the ancient Registers 7 Yet notwithstanding alwaies as oft as the Popes have gone about to attempt any such excommunications whether by their owne proper authority or joyntly with Councels they have found strong resistance and the French have got this commendation that they never abandoned their Princes in such conflicts The Histories thereof are knowne to all men and they have been so canvased in divers writings set out during our late troubles that it will bee fitting to overpasse them that wee renew not the memorie of our former miseries We will only say that some Popes have in good sincerity acknowledged this right and prerogative of our Kings yea which is more they have confirmed it by their Buls declaring thereby that the King of France cannot bee excommunicated nor his Kingdome interdicted and amongst others Martin the third and fourth Gregory the eighth ninth tenth and eleventh Alexander the fourth Clement the fourth and fifth Nicholas the third Vrban the fifth and Boniface the twelfth whose Buls are yet preserved in the treasurie of the Kings Charters as divers testifie 8 Pope Benedict th' eleventh partly as it is probable upon this occasion revoked the excommunication which was denounced by Boniface the eight his predecessour against Philip the Faire of his own meere motion and without being desired unto it by any man as Walsingam witnesseth He absolved saith he Philip the Faire King of France from the sentence of excommunication given out against him by his predecessour without being desired to it Wee read the Bull thereof to this day in Mr. Nicholas Gille in his Annals of Aquitain Amongst the testimonies of Popes wee will put that of Sylvester the second for the judgement which he passed before he was preferred to the Popedome and the excommunication which the Pope that then was threatned against the King and some Prelates of this Kingdome See here the place taken out of one of his Epistles which hee writ to the Arch-Bishop of Sens 9 I say confidently and boldly that if a Bishop of Rome hath offended against his brother and will not give eare to the admonitions which should bee divers times given by the Church I say that same Bishop of Rome by the commandement of God must bee accounted as an Heathen and a Publicane For by how much the degree is higher by so much the fall is greater But if hee account us unworthie of his communion forasmuch as none of us will consent with him in that which is against the Gospel hee cannot therefore separate us from the communion of Christ. And presently after We should not therefore give this advantage to our ill-willers as to make the Priesthood which is but one in all places as the Catholique Church is but one seeme to bee subject to one man only in such sort that if hee be corrupted by money or favour or fear or ignorance no man can bee Priest but hee that shall be commended unto him by such virtues as these 10 Whence wee collect that the Popes have no more power over our Kings in matter of excommunications than other Bishops whether of their owne Kingdome or strangers The Courts of Parliament of this Realme and especially that of Paris have alwaies stood out against such excommunications and have declared them to bee frivolous nullities and abusive yea and have proceeded with rigour and severitie against the bearers of them The Arrests given out against the Buls of Benedict the thirteenth the two Gregories the thirteenth and fourteenth are sufficient witnesses hereof Now it is not only true that our Kings cannot be excommunicated but which is more they may absolve such of their subjects as are excluded from the Communion of the Church yea they are accounted to restore them to their former state by the meere admitting of them to their table or into their company This is a thing which wee finde upon record in the Capitularie of Charles the Great in these words If the Royall power doe receive any delinquents into favour or admit them to his table they shall be likewise received into the assemblies of the people and Clergy in Ecclesiasticall communion to the intent that the ministers of God may not reject what the pietie of the Prince doth admit The Prelats of France have observed this law at other times Ivo Bishop of Chartres saith hee
medled with the reformation of the Pope how they spoke of his excessive power of the abuses and misdemeanors of his Court of his injust attempts and the little care which he hath of his spirituall charge and the good of soules This was a rocke they must not touch upon in any case And so well they knew how to steere for their best advantage that whosoever reads their Decrees cannot choose but forthwith confesse that it is a worke meerly Papall and such as none else could have a hand in and will ever remaine of this opinion that this last Councell is nothing behinde with those of Florence and that of Lateran which were called of purpose to disannull that of Basill and the second of Pisa just as this of ours was to stop the clamours of the Christian Princes and people lest they should have put up one or other in Germany like to the first of Pisa or some others held in after ages For you shall never reade of any Councell that was so much to the Popes honour and good liking as this Amongst so many Buls and Constitutions which have come forth since you shall scarce finde any which doth not make mention of this Councell which doth not name it with honour which doth not expresse an earnest deâ—ire of the observation of it and which doth not in some sort confirme it Let a man but reade the Commissions of the Nuncio's which since that have come into France and other Countries so many articles in them so many rehearsals or reinforcements of this Councell To say nothing of the great paines they have and doe daily take to have it generally received and kept Among all the Councels that ever were no compare with this for reverence and respect It hath quite defaced and extinguished the memorie of all the rest T is their minion their favourite their champion their arcenall their bulwarke their protector their issue and their creature and good reason why they should make so much of it Now the more highly they prize it the more should we suspect it the more should we straine our veines and bend our nerves our force and vigour to repell and stifle it as a venemous serpent what we doe in this kinde will not want a president When Popes and Councels have straggled out of the right way when they attempted more than of right they ought when they tooke their passion for their guide they have ever encountered with just disobediences and lawfull resistance with strong mounds and fences which have stopt the current of their out-breakings and injust enterprises 2 The Emperours of Germany are all full of wounds and scarres which they received in such like scuffles I may well say received not onely in the authoritie they have or should have in the Church in the rights of their Empire but even in their persons I may well say scuffles and combats they being oft-times constrained to buckle on their harnesse and take up their swords in their owne just defence to repell the offensive armes of him who under pretence of the Spirituall usurped upon the Temporall stirred up against them their vassâ—ls and subjects tooke the Crowne from them and elected others in their placeâ— pretending himselfe to be Emperour and Lord paramont of the Empire and all the Kingdomes of the world who made as much use of Pauls sword as Peters keyes to atchieve his conquests to wreake his vengeance to ingrosse all authority unto himselfe and like the old Romanes to make himselfe Monarch Commander and Lord of the Universe The examples of the Henries Frederickes Ludovicus Bavarus and many other Emperours are sufficient proofes of what we here speake England hath had such sufficient experience of the effâ—cts of that tyrannicall government that after she had lost all her liberties both Ecclesiasticall and Civill which were not inferiour to those of France after she had beene ransacked and ravazed in a Scythian and Tartarian manner she was miserably enslaved and made tributary to Rome and her Kings for all their honour declared feudataries to the Pope stooping under that base servitude till Henry the eight who to be revenged of an injury received touching his marriage withdrew himselfe and all his Kingdome from his obedience to the Pope and that while he was yet a Catholique As for our France it is a long time since the French Church hath beene at daggers-drawing with the Pope and Court of Rome for the preservation of their rights and liberties which consist mainly in the not acknowledging of the Popes power any way in temporals nor in spirituals but so farre as is conformable to the ancient Canons and Decrees Sometimes they went so farre in the controversie that he that shall reade the histories of it will never marvaile at those writings which have beene set forth against the Pope in these latter dayes The commendation of preserving these liberties belongs principally to our Kings who have ever opposed themselves against the avarice and ambition of the Court of Rome as Guardians Protectors and preservers of these liberties and have stopt the course of that not without a great deale of trouble and turmoile by the good advice and counsell of the States of the Land and chiefly of the Parliament and University of Paris who have ever beene the forâ—â—esses of France King Philip Augustus Saint Lewes Philip the Faire Charles the sixth and seventh Lewes the eleventh and twelfth did strongly withstand the transportation of gold and silver the collation of Benefices and Bishoprickes by the Popes their usurping of jurisdiction first-fruits graces in reversion reservations and such like trumperies of the Court of Rome Philip the Faire rejected the Bull of Clement the fifth concerning the confiscation of the goods of the Templars although it was confirmed by the Councell of Viennaâ— as entrenching upon jurisdiction within his Realm it is a wonder to thinke how farre they went in some particulars This same King was the first that felt the effects of their indignation upon that occasion by the saucinesse of Boniface the eighth who being incensed by the resistance of that Prince thundered so thicke upon him that after he had pronounced him his vassall and subject as touching his temporals he denounced an anathema against him in reference to his spirituals The King being justly provoked herewith assisted by the Lords Temporall and Spirituall of his Realme assembled in Parliament by their counsell and advice repelled that injury and paying him in his owne coine caused his injurious and proud letters to be burnt sent his Nuncio's home againe with shame enough accused him of heresie and symony yea and put him in such a fright by that brave spirit Nogaret of St. Felix that he died upon it Charles the sixt being excommunicated by Benedict the thirteenth put the bearers of his Bulls to the honourable Amends making them to bee carried in tumbrels apparelled in painted coats with paper Miters upon their
greater Doctor than Clement ranckt it the sixteenth amongst the approved Generall Councels There hath beene such a stirre in France about placing it according to it's ranke that the queâ—tion hangs yet in the Court undetermined As for the Councell of Basil although the Ambassadors of France were there and Charles the seventh confesse that hee received as a Councell yet for all that hee approved it but in part for of forty five Sessions of that Councell France hath received onely the thirty two first and those too not without some qualifications and restrictions Some Decrees as they lye others with certaine formes and modifications so sayes the Pragmaticall Sanction As for the last which mainly concerne the deposing of Pope Eugenius and the creation of Felix the fifth Charles the seventh made this protestation The King protesteth as a most Christian Prince treading in the foot-steps of his predecessors that he is very ready to give eare to the Church rightly and lawfully called together But for as much as many honest and grave personages make a question whether the suspension deprivation and â—lection which ensued thereupon at Basil were rightly and Canonically performed or noâ— and seeing it is doubtfull whether that assembly did sufficiently represent the Church Catholique then when the matters were acted agitated so as they might proceed to points of such great consequence and difficulty therefore the King doth persevere and continue in his obedience to Eugenius wherein he is at this present That which Benedict sometimes Counsellour to the Parliament of Tholous hath delivered in his workes concerning this point is very remarkable Herein saith he appeareth the errour of some who hold that the French Church assembled at Bourges in the time of Charles the seventh King of France could notâ— as she did reject any Canons of the Councell of Basil for shee might both reject and not accept them and qualifie those shee received by adding to or detracting from them and so put them in forme and fashion not upon misdoubting of the power and authority of that Generall Councell which made and published them but to fit and accommodate them to the exigencies of those times and to the conditions of the places and persons in the Kingdome and in Dauphine in such sort as those Fathers have expressed and as it appeareth by what wee have delivered but more plainly in the text of the pragmaticall Sanction so that if they might be wholly rejected much more might they be onely in part receiued and that with some qualifications and conditions As for the last Councell of Lateran however the Popes make high esteeme of it as being very advantagious to them yet indeed it cannot justly be tanked amongst the number of lawfull Councels both because it was purposely called for a countermine to the second Pisan to elude the reformation intended as well in the head as the members and also by reason of the iniquity of the Decrees there made whereof wee shall treat elsewhere more at large Here I need say no more but that it was never received nor approved in France nay more the University of Paris did put in an appeale to the next Councell the copy whereof may bee read in some authors where it is said amongst other things that this same Councell was purposely assembled against France as indeed it was For there both Lewes the twelfth was excommunicated the Pragmaticall Sanction repealed and the second Pisan Councell consisting mainly of French which was their fault not our plot in like manner condemned T is said also how that Councell was not assembled in the name of the Holy Ghost and a Germane Monke styles it a packe of Cardinalls commending and approving that appeale which was made concerning it by the University of Paris It will prove cozen germane to that of Trentâ— so that I will not here set downe the very words of that appeale because I take occasion to speake of them elsewhere He that shall seriously consider these instances hee will finde that the rejection hithertowards of the Councell of Trent both in this and other Kingdomes is no novelty nor extraordinary thing For many of those by us mentioned were more famous more generall more legitimate and withall farre lesse prejudiciall than this They conteined onely some petty grievances some personall injuries some particular intrenchings upon some rights either Ecclesiasticall or Temporall But this keepes neither rule nor measure but turnes the state of the Church and all Christendome topsie-turvie it sets the Pope above all above Kingsâ— Princes and Councelsâ— yea it puts Kingdomes and Empires in subjection under him and for Temporall matters it gives him full power and absolute authority over such Ecclesiasticall persons as did not acknowledge any jurisdiction of his save such as remained upon record it reduceth us to our former miseries to a necessity of going to Rome to plead our causes that so it may squeeze our Countreyes both of men and money it entitleth him to the election into Bishopricks and Benefices so to cozen the naturals of each Kingdome and Province of them and to transferre them upon such strangers as will be at his devotion it robs Kings of the nomination of Bishops and other Ecclesiastiques and of that jurisdiction over them which they ought to have nay and in some cases even over meere Lay-men devolving all to the Pope by meanes of appeales commissions evocations reservations exemptions and that absolute authority which it gives him in such things as concernâ— the manners and discipline of the Church nay indeed in all things without exception It repeales the ancient Canons and Ecclesiasticall Constitutions subjecting us wholly to all the Papall Decrees which dispose as boldly of Temporalls as Spiritualls It totally reduceth all ancient liberties to servitude and particularly those of France whereby we were ever preserved from an insupportable tyranny from those troubles and calamities which were prepared for us and under which our ancestors groaned whensoever they were carelesse to preserve them Whereupon they have as it were pourtrayed them forth upon a tablet to serve as they say for a caution to posterity that so they may take heed of making shipwracke of their liberties So as a many would say they knew by a secret revelation that the Councell of Trent would come and foresaw our future stupidity And yet even then when they gave us this counsell they were onely busied about the maintaining of some few of their liberties whereas now all are going as we shall make it plainly appeare in this Treatise besideâ— many other injustices which it would be too long to specifie in the prologue And for as much as that which first put me upon this enterprize was the earnest suits which being at Court I have seene exhibited to our Soveraigne in behalfe of the Pope for the receiving of this Councell I thought fit to shew in the first place that this is no new thing but
of incurring the curse of God and eternall damnation And presently after he addes Wherefore the Clergy doth most humbly beseech you that you would be pleased to ordaine that the decrees of the most sacred Councell of Trent may be generally published throughout your Dominions to be inviolably observed by them 6 Nicolas Angelier Bishop of Saint Brien made the like instance to the same King October the third 1579 in the name of the Clergy assembled at Melun Wee have saith hee earnestly desired and doe now desire more earnesty and will desire as long as we breath of God and you that the Councell of Trent may be published and the elections restored to Churches and Monasteries Which publication of the Councell is not desired by us that wee may thereby raise up you and other Catholick Princes in armes to spoile and butcher such as have stragled from the true Religion for wee desire not to reclaime and reduce them to the flock of Christ by force but by sound doctrine and the example of a good life For he we know came not into the world to destroy but to save the soules of all men for whom hee shed his precious bloud and if need so required we would not stick in imitation of him to lay downe our lives for the salvation of those poore misused soules But we desire that Councell may be published for the establishment and maintaining of a true sound entire and setled discipline which is so necessary and behoofefull for the Church 7 Iuly the seventeenth 1582 Renald of Beaune Lord Archbishop of Bourges and Primate of Aquitane delegat for the Clergy in this case spoke at Fountainbleau in this sort The whole Church Christian and Catholick assisted by the Legates and Ambassadours of the Emperour of this your kingdome and of all other Christian Kings Princes and Potentates did call assemble and celebrate the Councell of Trent where many good and wholesome constitutions usefull and necessary for the government of the Church and the house of God were ordained To which Councell all the Legats and Ambassadours did solemnly sweare in the behalfe of their masters to observe and keep and cause it to be inviolably kept by all their subjects yea even the Ambassadours of this your Kingdome solemnly tooke that oath Now it is received kept and observed by all Christian Catholick Kings and Potentates this Kingdome only excepted which hath hithertowards deferred the publication and receiving of it to the great scandall of the French nation and of the title of MOST CHRISTIAN wherewith your Majestie and your predecessors have been honoured So that under colour of some Articles touching the libertie of the Gallican Church which might bee mildly allayed by the permission of our holy father the Pope under scugge I say of this the staine and reproach of the crime of Schisme rests upon your kingdome amongst other Countries which signifies no lesse in Greeke then division and disunion a marke and signe quite contrary to Christianity and which your Majestie and your predecessors have ever abhorred and eschewed and when some difficulty was found about the receiving of some other Councells as that of Basil and others all was carried so gravely and wisely that both the honour and unity of the Church and also the rights of your crowne and dignity were maintained and preserved And this is the cause why the Clergy doth now againe most humbly desire your Majestie that you would be pleased to hearken to this publication and removing all rubs which are laid before you concerning it that you would with an honest and pious resolution make an end of all to the glory of God and the union of his Church 8 There was a Nuncio from the Pope who arrived in France in the beginning of the yeere 1583 who prosecuted this matter with a great deale of earnestnesse yet for all that he could not move Henry the third one jot who like a great statesman as he was perceived better then any other what prejudice that Councell might be unto him His majestie that now reignes was startled at that instance and afraid least that importunity should extort from him somewhat prejudiciall to France whereupon hee writ to the late King concerning it who made him this answer 9 Brother those that told you that I would cause the Councell of Trent to be published were not well informed of my intentions for I never so much as thought it Nay I know well how such publication would be prejudicall to my affaires And I am not a little jealous of the preservaton of my authoritie the priviledges of the Church of France and also of the observation of my edict of peace But it was only proposed unto me to cull out some certaine articles about Ecclesiasticall discipline for the reforming of such abuses as reigne in that State to the glory of God the edifying of my subjects and withall the discharge of my owne conscience A thing which never toucheth upon those rules which I have set downe in my edicts for the peace and tranquillitie of my Kingdome which I will have inviolably kept on both sides 10 November the nineteenth 1585 the same Bishop of Saint Brien delivered another oration in the name of the said Clergy and was their deputy whereby after he had commended the late King for his edict of Reunion and exhorted him to the execution of it and the reformation of Ecclesiasticks he addesâ— This is the reason Sir why we so earnestly desire the publication of the holy Councell of Trent And above others my selfe have a more speciall command sâ— to doe For that Councell hath not only cleeredâ— resolved and determined those doctrines of the Church Catholick which were controverted by hereticks to the end that people might not waver and suffer themselves to bee carryed away with every wind of doctrine raised by the malice and cunning of men to circumvent and eâ—tice them into errourâ— but also it hath most wisely counselled and ordained every thing which may seeme necessary for the reformation of the Church considering the exigency of these times 11 There was also another assault made upon him Oâ—tober the fourteenth 1585 by the Lord Bishop and Earle of Noyon in the name of the Clergy assembled in the Abbey of Saint German neer Paris which is more pressing than the former Wee present unto you saith he to the King a Booke which was found at the removing of the Churches treasures writ by the prudent and grave advice of the many learned and famous men assembled in the Councell of Trent guyded by the holy Ghost who with a great deale of travell paines and diligence have renewed the ancient ordinances of the Church which were most proper for our maladies and for those vices which at this present are most predominant in the State and withall have provided for those which being of no great standing amongst us had not any particular remedies assigned them The royall Priest hath put
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
from whom the appeal is made should be judge in the very case of appeal for our Doctours finde that the judge from whence an appeal is made may be refused in all other causes which concerne the appellant so long till the appeal be void CHAP. IV. That the reformation of the Pope was the thing in question IT is further alledged that Pope Adrian the sixth did freely confesse by the mouth of Francis Chregat Lord Bishop of Abruzzo his Legat at the Dyet of Noremberg 1522 that the See of Rome was corrupt and depraved and that the corruption of the Church was derived from the Popes wherefore he did promise they should have a free and generall Councell Now this acknowledgement doth disable him for being head of the Church This is further verified by his owne instructions given to his Legat where in the tenth article he saith thus 2 Wee know that within some yeeres agoe some abhominable things have crept into this holy See some abuses in matters spirituall some transgressions of Commissions and all out of order and it is no marvaile if the infection descended from the head to the members from the Pope to the under-Prelates Wee have all degenerated I meane we Ecclesiasticall Prelates we have gone astray out of the way there is not one that hath done good this long time no not one Wherefore for as much as concernes us you may assure your selves that we will take paines in the first place to reforme that Court from whence happily all this evill hath come to the end that as the corruption proceeded from thence to the inferiour orders so soundnesse and reformation may come thence also Which to doe we perceive our selves so deeply obliged that wee see the whole world call for a reformation Howbeit no man must admire if hee do not see an absolute reformation of all errours and abuses in an instant the malady is too far spread and too deep rooted Wee must goe step by step to the cure of it and hye â—o such things as are of most importance and greatest danger for fear of putting all out of joynt by attempting to reforme all at once All suddaine changes are dangerous in a Common-wealth saith Aristotle and hee that wrings the nose hard brings forth bloud Marke here the words of that honest Adrian So that it hath been conceived the common voyce of Christendome for these two hundred yeeres almost that it was fitting there should bee a reformation in capite in membris both in the head and the members but the Popes wrought so well by their schismes shifts and tricks that the endevors of those that ingaged themselves herein were to no purpose and the Synods called about this were all to no effect and fruitlesse The Councell of Constance after the deposall of Pope Iohn the twenty third had made this good decree 3 That the new Pope who should be next chosen together with the Councell before he departed from thence should reforme the head of the Church and the Court of Rome about such articles as had beene put up by the people and nations But Pope Martin the fifth as soone as he was created did quickly shift himselfe from those who cryed so for a reformation and amongst others from the Emperour Sigismond who was more hot upon it than any else Platina gives the reason of that delaying A matter of that weight being finished as well as heart could wish by the travaile and endevour of all the Princes both Ecclesiasticall and Civill but especially of the Emperour Sigismond they begun to talke of the reformation of the manners both of the Laity and Clergy which were much debauched by overmuch licentiousnesse But because the Councell of Constance had continued foure yeeres already to the great incommodity both of the Churchmen and their Churches it seemed good to Martin with the consent of the Councell to defer a matter of such importance to a more convenient time For hee said the thing required maturity and deliberation seeing that in Hieroms opinion every country hath their severall customes and conditions which cannot bee removed on a sudden without disorder They have had leasure enough to thinke of it since for wee are yet consulting about it and nothing at all hath beene done besides 4 The acts of that very Councell and of that at Basil and others since give us sufficient proofe hereof who being not able to compasse this reformation put it off from hand to hand and commended it in succession one to another ordaining that the keeping of Councels should be every ten yeeres but so as the first should be within five yeers and the next within seven and this principally to provide for the reformation of the head and the members The second Pisan holden 1512 which was assembled for the same ends was so belaboured by Iulius the second and Leo the tenth that it was constrained to yeeld to their mercy and give place to the Lateran which was called for no other end but to countermine and disanull that other as is confessed by the historian of the Popes These good Fathers however they were for the most part French-men have left us in their acts a testimony worth our observance and that is that For many yeers there had not been any general Councels and if any were called as the first at Pisa and that at Constance Sene Basil and Florence yet the Church could not be reformed to the purpose by reason of those impediments and cavils which were procured thereupon which befell themselves also For Iulius the second and Leo the tenth had the wit to winne first Maximilian the Emperour and then the Cardinals that were at Pisa. King Lewes the 12 after the death of Iulius suffered himselfe to be led away with the blandishments of Pope Leo considering withall the danger whereinto the first had put both him and all the Kingdome of France against which he had procured the Kings of England and Spaine to take armes insomuch that renouncing the Concell of Pisa he acknowldged that of the Pope and caused certaine Ecclesiasticks of his Kingdome to doe as much But from that time till this we could never see this reformation for as for the Councels of Lateran and Trent they never cared for medling with it Which was worthily represented by Monsieur Arnald de Ferriers the French Ambassadour at the Councell of Trent in an Oration delivered by him September the 22. 1563 where he said That they had been entreating for a reformation of the Church in the head and members above 150 yeeres to no purpose and that in sundâ—y Councels as those of Constance Basil Ferrara and the first at Trent and that the demands which were made in that of Constance by Iohn Gerson Chanceâ—our of the Vniversity of Paris in behalfe of the King of France may bee â—ead to this day as also those that were made in behalfe of the same Prince by M.
Peter Daves at the first Trent Councell CHAP. V. That the Pope had passed sentence before and that he was moved with hatred against those whom hee summoned to the Councell 1 COmplaint is also made that the Pope should shew himselfe so passionate that before the calling of the Councell and after that before the holding of it hee condemned the doctrine of those who were summoned to appeare there in judgement and declared them to be heretiques which gave them just occasion of suspition and instructed them to goe wisely and warily about their businesse By reason whereof they say they cannot justly bee blamed for desiring to quit his jurisdiction and making so much adoe about the forme of the Councell and the persons of the judges seeing these are things which must be looked to at first and before wee enter the lists Now that their doctrine was condemned by them who desired to be their judges is verified by the Bull of Leo the tenth bearing date the 8. of Iune 1520 where after he hath reckoned up Luthers opinions concerning the Sacraments of the new testament the Eucharist repentance contrition confession satisfaction absolution veniall and mortall sinnes indulgences the Popes excommunications priests generall councels workes heresies free-will purgatory and the Catholick Church he decrees as followeth Wherefore by the advice and consent of our reverend brethren and by their mature deliberation by the authority of Almighty God the blessed Apostles Peter and Paul and our owne we condemne disprove and totally reject all and every the foresaid articles or errours as hereticall either scandalous or false or offensive to piouâ—â—ars or tending to the seduction of simple soules and contradicting the Catholique truth And we decree and ordaine by these presents that by all faithfull people of both sexes they bee holden for condemned disproved and rejected 2 It may be answered that Pope was dead when the Councell was held and another sat in his stead whereof they needed have no such feare To which we reply that there was indeed an alteration of the persons but not of the conditions nor proceedings For Paul the third when hee begun the Councell at the very same time which he designed for the calling of it declared that the end of it was the extirpation of the Lutheran heresie as appears by a Bull of his bearing date the 23. of August 1535 entitled Deputatio executorum super reformatione Romanae curiae marke the words of it Whereupon we desiring to provide for the Church and to clense her of all her staines have determined to appoint and solemnize a Generall Councell upon earnest and urgent motives which concerne the state of the said Church and See Apostoliqueâ— and the extirpation of the plaguy Lutheran heresie and others having already dispatched our Nuncio's to Christian Princes for that purpose 3 This Bull came to the Protestants ear for heark what they say of it in the declaration which they made at the assembly of Smalcald 1537. Besides not only because the Pope is a party but seeing hee hath already condemned our doctrine long before hee is growne more suspicious And who can doubt what judgement will passe upon our doctrine in his Councell Yea more hee confesseth that the cause of publishing the Councell is that the new-sprung heresies may bee rooted out 'T is true that may beare a larger construction yet there is no question but he meanes of our doctrine seeing it is scarce credible that hee should speake of his owne faults And that it is so he hath published another Bull since about the reformation of the Court of Rome wherein hee confesseth down-right without any flattery that a Councell is called for the rooting out of the pestilent heresie of Luther Seeing the case stood thus they had beene mad to have put themselves upon that Councell to abide the judgement of him who had condemned them already Considering withall that Leo the tenth in the precedent Bull saith how he hath caused their doctrine to bee pronounced hereticall by a conclave of Cardinals and also by the Priours of the religious Orders and by a pretty company of Divines and Doctors in both the Lawes So that they had but even gone to be whipt as Hosius of Corduba to the Councell of Antioch in case they should have refused to subscribe to the determination of the Councell It is a folly for a man to cast himselfe upon such disasters and a peece of discretion to avoid them Maximus patriarch of Constantinople would not be seene at the Councell of Antioch because he foresaw that if he went thither he should be constrained to subscribe to the deposall of Athanasius for which he was never yet blamed by any body To conclude this point it is holden for a ruled case in law that a judge who hath discovered his opinion already may be refused much more hee who hath passed the sentence before he be made judge Adde we hereunto the mortall hatred of the Pope against Protestants the Pope I say who calls the Councell who summons none to judgement but his owne creatures who must preceed there either in person or by his Legats and must be supreme moderator and judge in all things This point of the Popes enmity against protestants and all those who have ridde themselves out of the Popes servitude is so well knowne that it needs no proofe Henry the eighth King of England then a Catholique laid open the hatred of the Pope against him and his subjects as an excuse for not going to the Councell For he saith That the Pope hates him mortally putting him out of favour with other Kings as much as he can and that for no other reason but because he had cast off his tyrannie and had made him loose his yeerly rent and for this cause he could not come thither 4 Henry the second King of France complaineth also how Pope Iulius the third instigated by the ill will which he bore him without any sufficient reason had denounced warre against him during the time of the Councell depriving him thereby of the meanes of sending the Prelates of his Kingdome thither whereupon hee made those protestations which wee mention elsewhere This consideration makes a nullity in the Councell and serves for a lawfull excuse to such as would not goe thither For in this case hee who is summoned to a Councell is not bound to appeare So Athanasius saith Theodoret knowing the hatred of his judges against his cause went not to the Councell of Cesarea Which was purposely called for him and yet no man ever said ill did he 5 Anastasius Bishop of Perrhenue was three times summoned by his Patriarch before he was deposed and yet that deposall was judged unjust by the Councell of Chalcedon after it appeared that he was his enemy 6 Pope Gelasius speaking of the Bishops of Constantinople with whom he had some bickerings saith something which is very remarkable
the late King of Navarre Lievetenant Generall for the King over all this Realme dated the 26. of May 1562 containing an injunction to some suspected persons of the religion to depart from Paris Where it is said As for the putting in execution of the designe which we have undertaken to performe out of hand with the army of our said Soveraigne Lord the King against those that hold some cities of this Kingdome with prejudice to his authority and the obedience which belongs unto him We have determined to depart within a few dayes from this City of Paris with the said army and to cause all the forces both horse and foot aswell within the said city as without to march along 9 There was also another declaration set out concerning the edict of peace by the same King Charles at Amboys March the 19. 1562. but it was not put in execution till the next yeere about Iune what time the King sent certaine Commissioners through the severall Provinces to that effect as appears by the coppy of the Commission given out thereupon dated the 18. of Iune in the same yeere And yet notwithstanding our Councell was consummated the fourth of December 1563. The Cardinall of Lorrain in an oration of his delivered in the Councell November the 23. 1562 makes a long story of our miseries in France and the warres which were a foot there There is no sparing of any thing saith he armies are raised succours are called in from all parts entry is made by force yea the sword pierceth our hearts how victorious soever our hands be Our goods are taken from us and the Kingdome is brought to a miserable passe So then the case standing thus theâ—e is never a Lawyer but will constantly affirme that as much as concernes those who went not thither may be righted and that all things should bee restored to the state wherein they were at first 10 The Kings of France by reason hereof did prejudicate their subjects of the religion yea and their Catholiques too whom they re-estate in their former right Notwithstanding all processes made judgements and arrests granted during the troubles Non-suits prescriptions both legall conditionall and customary attachements of feuds which happened during the troubles or issued from thence by course of law It stands with better reason that all should bee re-established which concernes point of religion which hath ever beene as good a cause of replacing all things is statu quo prius as absence Which is plaine from the discourse of Pope Liberius with the Emperour Constantius in the case of Athanasius from the letter which Pope Iulius writ thereupon to them of Antioch and from that passage of S. Hilary I omit that the judgement of the Emperour was passed without hearing of the cause Nor doe I repeat how the sentence was extorted against one that was absent however the Apostle saith That where faith isâ— there should be liberty the simplicity of the priesthood should not endure this but I omit these things not because they are to be sleighted but because there are others more intolerable The same may we say of the Councell of Trent 11 So then these wars were the cause why many that would have gone to the Councell could not they were the cause why it was so often broke off and prorogued and that in such sort as it seemed sometimes to come to just nothing Hence it was that they did not proceed to the creation of new Popes in the place of those that dyed during the time of the said Councell nor of the new Cardinals which had otherwise been done it being a matter which of right belonged unto them according to the determination of the Councels of Constance and Basil as wee shall shew in another place Hence it was that there was such a great dispute in the consistory of Rome when Pius the fourth renewed the Councell some being of opinion that it was ended that he should call a new one others maintaining that it was yet in being and that he ought only to continue it But the Pope used such phrases in his Bull that it could not be perceived whether it was a continuation or a new convocation Some might haply take me up for lying if I had not Onuphrius for my warrant But here arose a controversie whether it should be a continuaâ—ion of the Councell of Trent or a new convocation The Pope found out a wholsome remedy to set all mens minds at quiet for he used such a forme of speech in the Bull of promulgation as might satisfie both parties and withall the authority of the Councell be no way impeached The use we make of this passage is That whereas by their owne confession that Councell was sometimes at so low an ebbe that it was questioned whether it was ended or no it would be a better way to have a new one which might be to the content of all parts to put an end to our differences Considering that this was deserted and cast off that it did not discharge the office and function of a true Councell that it was so weake and feeble that it deserves not the name of a Councell 12 Here we must observe that the French Ambassadors at the Councel 1563 had an expresse commission to urge that this last Councell might not bee acâ—ounted a continuation of the former And there was an expresse article against those things which were put off by them at the beginning 13 The Lords of Ferriers and Pibrac after their departure from the Councell when they were retired to Venice writ letters to King Charles dated November 25. 1563. Wherein after they have acquainted him with the reason of their departure they give him notice That the Councell would move his Majestie to send new Ambassadours which hee could not doe without great prejudice That the Pope would cause them shortly to proceed to the last Session wherein it must be determined whether this Councell shall bee taken for a continuation of the first or for a new one That if it be concluded to be the same Councell as they are all inclined that way the French Ambassadours who ever refused to admit of the first should hereby receive a great blemish and the proceedings of King Henry who protested against it should be condemned 14 These and other leâ—ters by me quoted which I have seene remaine in the hands of good Catholiques who will be ready to produce them upon occasion with many other memorable acts concerning this subject CHAP. VII That the place where the Councell was held was not free IT is urged moreover that the place of the Councell was not free and safe and that the suit being commenced against the protestants of Germany the Councell should have been called within that countryâ— according to the râ—quest exhibited by the body of the States of Germany assembled at Noremberg whose words are these They cannot thinke of a more
of Arles Another Constantine was president of the sixth generall Councell at Constantinople with a good number of his officers assisting and the acts of the Councell make it plaine that hee was not a meere honorary president but that the whole action was guided by him that he pronounced the sentence an◠gave judgement and in summe did all that belongs to an Ecclesiasticall president to doe 17 Charles the Great did the like in the Councell of Francford where hee discoursed of points of faith and made them deliver their opinions upon such as himselfe proposed The Canons and Decrees runne also in his name The Emperour saith hee hath ordained with the consent of the Synod c. 18 The name of Charles the Great puts us in minde of inserting some of our French Synods in this place which we finde oftentimes to have consisted both of Lay men and Clergy men joyntly to determine of matters aswell Ecclesiasticall as Civill 19 In the yeere 742 in the reigne of Childeric Carloman Duke and Prince of the French called a Synod in France where he had some Bishops some Priests and some Lay Princes of the Realme by whose advise and counsell hee made certaine Ecclesiasticall constitutions By the advise of the Church-men and the Princes of this Realme we have ordained decreed c. See how hee speaks in the Decrees of that Councell 20 The yeer 744 under the same Childeric Pepin a French Duke and Prince called another Synod at Soissons consisting of Churchmen and some chiefe Lay men of the Realme with whom hee enacted some Ecclesiasticall lawes Wherfore with the consent of the Bishops Priests and servants of God and the advise of the chiefe of the Kingdome we have decreed to renew the Synod every yeer c. Againe◠Wee have constituted and ordained by the Councell of the Clergy men and the chiefe men of the Realme aforesaid See you in what style the decrees of that Councell were conceived 21 The yeer 787 the Emperour Charles the Great being departed from Rome to come into France As soone as he was arrived at Worms saith Rhegno he called a Synod and declared the reasons of his journey to the Clergy and Princes of his Realme 22 The Councell of Meaux under Charles the second 845 mentions some former Councels that consisted of Clergy and Lay men Another was holden saith it at his returne and confirmed under the proper seal of the Prince and all the rest both Clergy men and Lay. And in another place They ordained first of all to settle something that had beene formerly decreed by the same Prince together with the Lords spirituall and temporall 23 The Councell holden at Pistis upon Seyn the yeere 863 was of the same nature with these◠as wee may perceive by the beginning of it In the name of the Holy and indivisible Trinity Charles by the grace of God King of France together with the Bishops Abbats Earles and the rest of the faithfull regenerate in Christ gathered together from diverse Provinces at a place called Pistis upon the river Seyn in the yeere of our Lord 863 the 23 yeer of the reign of our Soveraigne Lord King Charles indiction the tenth The Kings and Bishops assembled before us◠being guided by the feare and love of God have made diverse constitutions and decrees with the Counsell and consent of the rest of the faithfull people of God And in the second chapter For the putting of which things more particularly in execution wee have thought fit here to renew some amongst many of the constitutions and decrees of our predecessors and the ancient Councels It follows afterwards chapter the third Wee have constituted and ordained by common advise c. 24 The Councell of Tribur was neerly of the same kinde for there were divers Lay-men there with King Arnulph who was President in it He came saith the Preface to it into the royall City of Tribur in France with the Bishops underwritten the Abbats and all the Peeres of his Realme and there flocked thither both Clergy and Lay-men in great troupes And at the end This holy subscription was confirmed and fairly approved by the reverend profession and worthie answers of the Priests Deacons and Lay Nobility This Councell contains eight and fifty Chapters concerning manners and Ecclesiasticall discipline 25 Philip Augustus intending to declare his sonne Philip his successour in the Realme called a generall Councell at Paris of all the Archbishops Bishops Abbats together with the Princes and Lords of his Kingdome that they might herein pitch upon a resolution according to his desire And it is observable that in these Councels they treated of all things both spirituall and temporall Whence that appeares to be true which a learned Frenchman hath written long agoe That anciently the affaires of France were managed by the Clergy and Lay men joyntly Which is yet practised by the Generall and Provinciall States as also in the Courts of Parliament consisting of Counsellors both Ecclesiasticall and Civill There was a Councell holden at Soissons in the same Kings reigne by the Legats of Pope Innocent the third In this Councell saith an ancient Historian King Philip was assistant with the Archbishops Bishops and chiefe Lords of the Realme where the point of the divorce or confirmation of the Kings marriage with Iugerberga was discussed 26 The Patriarch of Ierusalem being arrived in France in 1184. with the Priour of the Hospitall of Outremer and the Grand Master of the Templars to demand succour of King Philip Augustus against the Saracens He sent out his Mandamus to call a Generall Councell of all the Archbishops Bishops and Princes of his Realme saith the same Historian which was holden in the City of Paris 27 The Councell of Vezelay which was called by Lewes the Yong son to Lewes the Gross Pope Eugenius the third being then in France was of the same composition Which thing being certified to Lewes the Yong son to Lewes the Gross saith Iohn le Maire he was much grieved thereat and for remedie thereof he caused a Councell to be assembled at Vezelay in Burgundy consisting of all the Prelates and Princes of France and ordained that St. Bernard Abbat of Clervaux should represent unto them vivâ voce all the mischiefe that was befalne in the Holy Land 28 The like was done in the Councell of Paris which Philip the Faire called against Boniface the eighth After this the same King saith a Chronicler having called together the Prelates Barons and Lords of the Realm held a Councell at Paris where he demanded aid advice against the said Pope And M. Iohn Bouchet in his Annales of Aquitain And immediately after hee caused a Councell of Prelates and Barons to be assembled at Paris in which Councell King Philip was appellant 29 The Pragmatique Sanction of King Charles the seventh was made in a Synod assembled at Bourges
kept and the fault is put upon the Prince of Mantua Is not this to gull the world the Prince of Mantua wrongs no body if he will not abandon his City to so great a multitude without a garrison but all the blame should be laid upon the Pope who doth not as yet goe roundly about the busiâ—esse but is ever a playing trickes and treacheries If he remove the Councell to another place he must take a City that belongs to some of his feudatary Princes or else one of his owne for he hath a goodly patrimony with many faire Cities gotten by his predecessors either by force or knavery and now kept by him by the bad title of coven and fraud Now seeing that almost every man of judgement doth despaire of ever seeing a true Councell hee thinkes it most fitting that every Magistrate reforme religion amongst his owne people If the Pope plead custome that will not serve the turne for as Saint Cyprian saith Custome without truth is but an inveterate and grounded errour Therefore this is his advice and this he thinkes the best course but if any know a better he will readily embrace it 6 Now the King of England never deserted these protestations and declarations much lesse the Protestants nay they repeated them divers times after and amongst the rest at an assembly at Wormes holden 1545. and another a Naumburg the yeere 1561 where an answer was given to the same effect to Pope Pius the fourth his Legats who came thither to summon them to appeare at the Councell 7 There were yet some other Protestations made against the Councell on the behalfe of our Kings Henry the second protested against the Pope and the Councell in the yeere 1551 saying amongst other things That the publication of it which was made regarded not the good of the Church Catholique but the commodity of some particulars That it seemed the Pope would exclude him from it That the beginning progresse and issue of his Holinesse designes did intimate as much That being imployed in the warre which hee had raised up against him he could not send the Bishops of his Kingdome thither seeing they could not have safe and free accesse and that neither he nor the people of France nor the Prelats and Ministers of the Gallicane Church will be bound to it hereafter 8 King Charles the ninth upon notice that all things went amisse in the Councell and that the demands of the Kings and Princes Catholique were not satisfied that the reformation was not applyed to such things as stood in need of it and were required to be reformed yea more that they intrenched upon the liberties of the Church of Franceâ— and the rights of the Kingdome caused protestation to be made by his Ambassadours against the same Councell as appeares by the Oration made by M. Arnald de Ferriers the 22. of September 1563. where amongst other things after he hath laid downe many grievances he saith that according to the command of the most Christian King they were constrained Concilio intercedere ut nunc intercedebant to interpose in the Councell as they interposed Whereupon it is storied that a certaine Prelate of the Councell not well understanding the propriety of the word intercedere which the Tribunes were wont to use of old when they made their oppositions and hindrances asked his neighbour Pro quâ— orat Rex Christianissimus What doth the most Christian King intercede for 9 But say the Pope and the rest that joyned in judgement with him were not to blame say they were competent Iudges such as could not be refused say the proceedings were lawfull yet still it was a juâ—gâ—ment and sentence passed upon men in their absence so that the doore is open to all those that wil enter their plaint they may justly demand to beginne anew and that things be reduced to their first state A repeal may be had against a sentence given in case of contumacy onely paying the charges But for them I thinke the Pope that boâ—e them will never aske them againe and if hee should it is a question whether his demand were good or no for who bid him be at the charges he was not bound to it it is a liberality which he was willing to undergoe to shew his magnificence and in case he might redemand them hee must commence his action either against those whom he defrayed or against the Emperour who was anciently used to pay them and not against those who do now desire to justifie themselves seeing that according to the Decrees of Constancâ— and Basil Generall Councels should be holden every ten yeeres 10 Let us proceed further and see if they could have any good grounds to demand that a second judgement might be had supposing they had appeared at the Councell and had audience there For this may be questioned in regard of the King of France who complaines now how hee was wronged in his rights and yet he had his Ambassadours resident at the Councell We say hee is nere the worse for all that considering that divers protestations were made against the Councell on both sides This we shall prove by some examples 11 We reade how the Donatists were many times condemned and that by many how the Emperour Constantine the Great yea the whole Church and the great Doctors of those times bore with them in their reciduations without ever troubling them with writs of rejection of their cause and other such shackles of law-formes They were first sentenced by Pope Miltiades and his Councell at Rome from which they appealing their cause was afterward examined at the Councell of Arles the Emperour Constantine the Great tooke the paines to heare them himselfe and yet after all this under the Emperour Honorius and by his command there was a generall conference of all the Bishops Catholiques and Donatists at Carthage in Africa Where it is to bee observed that the Catholiques desired that Conference so saith St. Austin who was one of the disputants The Emperours commission being read it was declared how the Catholiques had demanded the conference and that it was granted unto them 12 It is well knowne how many Councels were called and kept to convince the Arrians the first that was holden against them might have sufficed namely that of Nice considering the â—ame and worth of it and yet there was another Generall Councel holden at Sardis where the Emperours suffered them to dispute anew all that had been controverted and canvassed and especially of that holy faith and the integrity of that truth which they had violated so say the Fathers of that very Councell in a letter of theirs to Pope Iulius And after that there were yet two others called both at one time one at Ariminum of the Westerne Bishops the other at Seleucia of the Easterne where howbeit the Catholique Bishops were more in number than the Arrians yet they suffered themselves to be supplanted chiefly
unto him And on the other side they set down this maxime That it is not lawfull for the Pope to take any thing for the use of the power of the Keyes which Christ hath committed unto him seeing Christ hath commanded Freely ye have received freely give They set downe many other heads of reformation like these which were never provided for As for example the abuses committed at Rome in the granting of benefices and Ecclesiasticall dignities by dispensations indulgences exemptions reversions commendams c. which are all derogatory to the Canoâ—s of the Church And yet these deputies composed these Articles of reformation after the Pope had charged them by oath to tell him the truth upon paine of excommunication as they themselves testifie in the same Act. CHAP. II. Generall complaints touching the reformation of the Head AFter the proposall of these demands I will now shew you two things First that the Councell never touched upon most of them and therefore there was a plaine denyall of justice Next that they are no new demands being they were made and repeated divers times in divers ages and by divers men to which we shall adde the severall complaints that have hereupon beene made by many good men for the most part of the Clergy The very same demands were also for the most part made by the Protestants and the rest that had relinquished their obedience to the Pope But I will not speake a word of that as I protest also that I will not use reasons of divinity to justifie them nor authority of Fathers but very seldome 2 The first and principall and that upon which many others depend which we shall onely handle not medling with the rest is the reformation of the Head that is the Pope of Rome which was required by the Emperour Sigismond and that in termes very respective heare his owne words First that the supreme Bishop would be intreated to condescend that there might bee some reformation in himselfe and the Court of Rome Conformable whereunto was the King of France his demand for hee required in expresse termes that the abuses of the Court of Rome might be reformed with proffer of reforming those of his owne kingdome besides his Ambassadours had an expresse Mandamus to adhere unto such as should desire any reformation Pope Adrian the sixth had professed also that it was very necessary in regard of the great abuses and corruptions of that See The Deputies of Pope Paul the third make all the abuses and maladies in the Church to be derived from thence Those enormities which were required to be reformed were the cause of all the schismeâ— and divisions in those times for thence grew the first originall of complaining that was it that caused this Councell to be so desired and sought after 3 Yet for all that the Fathers of that Councell would never touch upon it so much as with the tip of their finger This is plaine from all the Acts and Decrees of it as also from the oration which Pius the fourth made in the Consistory upon the confirmation of the Decrees of that Councell Wee heartily thanke the Fathers saith he that in matters concerning the correction of Ecclesiasticall discipline and reformation of manners they had so much respect unto our authority and were so moderate on our behalfe that if wee our selves would have beene our own reformers in what concernes us and not have left all to the Fathers we should have beene more severe against our selves Adding afterwards If theâ— Fathers for reasons best knowne to them have omitted any thing or beene too timorous we are ready to releeve their modesty and supply the rest as being left to our judgement See here faire promises but we yet expect the performance of them We will here adde by way of commentary that which Claudius Espenseus a Sorbâ—n Doctour and a witnesse above all exception hath written hereupon 4 Wherefore saith he that Councell so much desired by all men interrupted for tenne whole yâ—eres at last obtained of Pius the fourth resumed again at Trent and there assembled the third time although all was by the Pope referred to the Fathers yet it sâ— forbore the purging of the Court of Rome that even in all that it prescribed to inferiours touching the reformation of manners and Ecclesiasticall discipline it protested that the authority of the See Apostolique stood safe and sound in the 21. Canon of the ninth and last Session In so much that the same Pius no lesse pious than sensible hereof did heartily thanke the Trent Fathers in an Oration which he delivered publikely at Rome in his Consistory of Cardinals who were there assembled in great numbers that they had such a speciaâ—l regard of his authority in the Ecclesiasticall reformation and had used him so gently that if he should have undertaken to reforme both himselfe and thâ—se about him he should have beene more severe What remaines then but that he refuse not the authority of a reforming Councell and that he supply what the Fathers for certaine reasons did oâ—â—it and that wherein they were over timorous it being left to his discretion as he promised to doe in that Oration For if it was as truly as freely spoken by Pope Adrian that the corruption of manners now reigning is derived from the head to the body of the Church it is requisite that his successour Pius sâ—â—â—e his Sanctuary and beginne at his owne house He sees well enough to what plight the Church of the holy Apostles yea the whole Church of Christ is brought by the base gaine and filthy avarice of some of his predecessors who sought that which was their own and not that which was Christs how many men are gone away from it within these few yeeres in so much that it is to be feared there will more goe yet if hee doe not now at last apply some remedy after much delay of salving those sores wherewith the Church is oppressed which delay the longer it is the more chargeable it will be The principall cause of these so long stirres is because for so many yeeres nothing is altered nothing amended and that which cuts off all hope of reformation is that they would see a reformation in all the rest of the body of the Church who have suffered for so many hundred yeeres together that City wherein they have both meere and mixt power and jurisdiction to bee the most deformed of all For what excuse can they alledge or what can they invent either true or likely they to whom neither King nor Emperour people nor Clergy not a Generall Councell no nor the whole Church must say so much as Why doe you so What pretence I say can they have for delaying so long to reforme them and theirs For where shall wee finde under the Sunne greater licentiousnesse in all evill greater outcries greater impunity I had almost said infamy and impudence Without doubt such and so great it
keeping it so close it appears more in deed that in writing in what sort the Catholique faith prospers by this meanes 19 Gregory of Haymburgh a German Lawyer who lived in the time of the Councell of Basil complaines likewise of these Annates and other exactions of the Pope upon benefices and Ecclesiasticall preferments The Empire saith he being thus divided or vacant they proceeded further reserving to themselves all advowsons and dignities how Canonically soever disposed of yea and the presentations to benefices surcharging withall the Bishopriques and other livings with Annates and other Symoniacall exactions for investiture into these livings that otherwise belonged to the Empire that the Popes by this meanes might squeaze all the treasures of the world as if they were not content to have usurped the Empire It was one of the Articles proposed by all the Nations of Christendome at the Councell of Constance there to bee reformed conceived in these terms Of Annates and petty services And indeed there was a mighty bickering about it betwixt the Cardinals who opposed the proposall and the French who did earnestly sollicite the contrary as appeares by the answere of our French men printed amongst the works of Nicholas de Clemangiis but at last the Cardinals by meanes of their shiftings and put-offes got the victory insomuch that there was nothing done in it 20 Albert Crants a German Historian and Devine in his book called Wandalia speaking of a tenth which Pope Paul the second would have laid upon Germany for making war against the Turke saith That the Archbishops of the Rhene were scarce willing to give way to this imposition because the Pope received the first fruits which was a great pressure to Germany and all saith he that the Cardinals may have to feed their beasts Volaterranus speaking of Rome in the 30 book of his commentaries dedicated by him to Pope Iulius the 2 saith That livings are there bestowed for wages and the spirituall treasure is made a merchandise 21 There is an arrest of the Parliament of Paris dated the 11 of September 1406 wherein it is said That Pope Benet and his officers should from thenceforth give over and abstaine from the exaction of Annates in this Kingdome of France and the Countrey of Daulphiny The Councell of Basil made also a very remarkable Decree hereabout in the 21 Session The holy Councell ordaineth that from this time forwards there shall bee nothing exacted either in the Court of Rome or else where for letters Buls seals Annates common and petty services first-fruits or any other title name or colour whatsoever for confirmations of elections admission of requests provisoes of presentations nor for any collation deposition election demand or presentation to bee made even by Lay men Nor for institution installation and investiture in Churches even Cathedrall and Metropolitan Monasteries dignities benefices and other Ecclesiasticall offices whatsoever Nor for Orders nor the sacred benediction nor for the Pall. This same decree was in expresse words inserted in the Pragmatique â—anction and confirmed by it Wee may take notice by the way of the prohibition made by the Councell and the Pragmatique sanction against the Popes that they should not take any thing for the mantle or Pall which they were wont to sell to Archbishops and Metropolitans at a good round price as they did also afterwards notwithstanding these decrees as appears by the complaint which Langius maketh against Leo the 10 A great summe of money saith he is extorted for the purchase of Bishops Palls to the detriment of Churches against the constitution of the holy Councell of Basil which ordained that nothing should bee paied for the Pall nor for the confirmation or obtaining of other offices But to returne to Annates 22 It may seeme that the Bull of Pope Leo the 10 added at the end of the Concordate and confirmed by the letters patents of King Francis the first hath derogated from the Pragmatique sanction But that Bull was never received and approved in France as M. Peter Rebuffus doth testifie This constitution saith hee as being about a money matter was never received by the inhabitants of this Kingdome Nor is it comprehended within the Concordate nor the Kings declaration concerning it verified in the Court of Parliament And indeed all such Annates are expresly prohibited in the second Article of the Decree at Orleans Vpon the remonstrance and request of the delegates of the said States to the end that for the time to come no money for vacancy nor Annate be payed for the grant of Archbishopriques Bishopriques Abbeyes or other benefices that concerne the Consistory we have determined to conferre and treat more largely hereabout with the Commissioners of our holy Father the Pope and in the meane time by the advice of our Councell and according to decrees of the sacred Synods and ancient Statutes of the Kings our predecessours and the arrests of our Courts of Parliament we do ordaine that all transportation of gold or silver out of our Kingdome and all payment of money under colour of Annate Vacance-money or otherwise shall be left off and surcease under paine of paying foure-fold to all such as doe contrary to this present decree But afterwards the execution of this decree was suspended by the letters patents of the same Prince dated the 10 of Ianuary 1562 procured by the earnest entreaty of the Cardinall of Ferrara and Annates were tolerated in this Realme by reason that the Pope assured the King hee would take order for a reformation herein as appeares by the contents of the said letters which run thus 23 Charles c. Whereas at our comming to the Crowne at the request of the three estates of our Kingdome holden in the City of Orleans by the advice of the Princes of our bloud and other great eminent persons of our privy Councell we commanded our subjects that they should not transport or carry any more money out of our said Realme under colour and pretence of Annates and Vacants and made other prohibitions concerning the obtaining of benefices by anticipation devolution dispensation or such like meanes of dispatch sent out of the Court of Rome as is specified in the copy of the Ordinances aforesaid in the second fourth and twenty second Articles Which prohibitions were published in our Court of Parliament and other the jurisdictions of our said Kingdome whereof complaint and remonstrance hath beene made unto us by our deaâ—ly and welbeloved Cozen the Cardinall of Ferrara Legate in France who hath entreated us to restore the things aforesaid unto that state wherein they were before the said Ordinance of Orleans We declare that we desire to render all honour and filial devotion to our Holy Father and out of the great confidence we have that his Holynesse will looke to provide and speedily to take order as need requires that the matters aforesaid may be reformed as
our said Cozen the Cardinall of Ferrara his Legat hath promised unto us on the behalfe of his said Holynesse and whereof indeed he hath already made great overtures for these causes and other considerations us thereunto moving having a regard unto the foresaid remonstrances made unto us with the advice of our most honoured Lady and mother the Queene the Princes of our bloud and our Privy Councell we have removed and taken away and doe hereby remove and take away the prohibitions aforesaid and the penalties annexed to be imposed upon the offenders against them by our Edict and Ordinance of Orleans and doe make void the Ordinances aforesaid for the reasons before mentioned 24 The Councell of Trent was holden at the time when this declaration was made from which our King expected a great reformation concerning the premises and particularly considering what assurance the Pope had given him hereof But all in vaine Whence it followes that the cause of this suspension ceasing the effect should cease likewise and that therefore we are under the Ordinance of Orleans which was just and good to the observation whereof we ought the rather to bee inclined in as much as wee understand by the testimony of the Court of Parliament and the accounts hereupon made by it unto Lewes the 11 that by reason of Vacancies Expectatives and such like meanes there goes almost a million of crownes from hence to Rome every yeere Which is further confirmed by the testimony of the Ambassadours of the Archbishop of Magdenburg in Germany who was present at the Councell of Basil who hath left upon record that he learned from the Archbishop of Lyons then living that during the Popedome of Martin the fifth who sate 14 yeeres there were carried to Rome out of this Realme of France only nine millions of Crownes without reckoning what was brought in by the Clergy-men of inferiour quality 25 It is reported by an English Historian that Henry the 3 King of England in the yeere 1245 caused an estimate to be taken of the pure rents which the Pope had out of his Kingdome and that it was found they amounted to as great a summe of money as all that he himselfe received out of his Realme nor reckoning divers other commodities beside The like is affirmed by all England together in an epistle sent to Pope Innocent the 4. where it is said That he received more pure rents out of England than the King himselfe who is the guardian of the Church and the governour of the Kingdome And hereupon the the transporting of gold or silver to Rome was forbidden in this Kingdome by many good Statutes made at severall times Saint Lewes who amongst divers others made one hereabouts expresly forbidding all such exactions was neverthelesse Canonized for a Saint King Charles the 6 Henry the 2 Charles the 9 and others were never thought the lesse Catholique for this nor the people of France that demanded it in their Councels of State ever reputed the lesse zealous in Religion For by this meanes the Popes and Cardinals would be the more honest men for there is nought that spoiles them but too much ease and wealth And so they should both cleare themselves from that infamous crime of Simony which all Christians detest and abhorre and also acquite all those that barter with them who according to the opinion of Devines and the sentence of the Parliament of Paris in the 71 Article of their Remonstrance share with them in the sinne also For to beleeve the Popes flatterers who goe about to perswade them in their filthy writings that though they practise Simony yet they cannot be Simoniacall this were to hood winke the eyes against all truth and to sleep in a blind ignorance The men who were the most eminent for learning in the time of Pope Paul the third who were bound by oath and adjured by him upon paine of excommunication to tell him the truth concerning the reformation of the Church told him plainly amongst other things That it was not lawfull for the Pope and Vicar of Christ these are their very words to make any gaine out of the use of the power of the Keys committed unto him by Christ For it is Christs command say they Freely yee have received freely give 26 The Emperour Ferdinand in his demands put up at the Councell of Trent required that the ancient Canons against Simony might be restored Now these ancient Canons bind the Pope as well as other Bishops and you shall finde no exception for him there but our Councell had no leasure to thinke of this I could here make a large discourse of the Reservations of Bishopriques and other dignities and benefices Ecclesiasticall of the granting out of Graces and the next voydance of benefices of mandats of provision and other wayes which the Popes have used and doe use to this day to enhanse their revenues The Ordinances of our Kings are full fraught with complaints made concerning this particular as are also the works of divers authors All those that ever medled with reformation put alwayes up some Articles about this point The deputies of Paul the third have a whole Chapter of it in their Councell The Councell of Basil and the Pragmatique Sanction hath condemned them The King of France desired the like in his demands Yea and the Councell it selfe hath taken an order with them but it is with reservation of the Popes authority above all which is as much as to put a gull upon all Christendome seeing the reformation in this case was demanded onely against him inasmuch as he is the man from whence all the disorder proceeds And after this all that are acquainted with the Court of Rome doe very well know and can testifie how the Pope doth still practise these meanes and whether all the decrees of this Councell have debarred him of dispensing his favours 27 The Popes not content with the gold and silver which they get by these meanes doe use taxes and tributes besides like secular Princes not only upon Clergy men but Lay men also yea upon whole Princes and Kingdomes Gregory the 9 the yeere 1229 demanded of the Kingdome of England the tenth part of all the moveable goods as well of the Laity as Clergy to maintaine his warre against the Emperour Frederickâ— telling them that he only had undertaken that war in behalfe of the Church Catholique Which demand Henry the third King of England saith an English Monke having passed his word to the Pope by his officers for the paying of those tenths had no way to gainsay But the Earles and Barons and all the Laity did oppose it refusing to engage their Baronies and demaines As for the Bishops Abbats Priours and other Prelates after three or foure dayes consultation they at last condescended to it with a great deal of murmuring fearing the sentence of excommunication in case of refusall as the Monke hath it word for
the Cardinals and the Popes minions Guicciardine saith his sister Magdalen had a good share of it and that it was not done in hugger mugger 4 Besides they served themselves of these Croisada's and indulgences to wreake their malice or strengthen their purposes to the disturbance and confusion of all Christendome An English Monke of good credit tels us how Vrban the second had this bad designe when hee caused the conquest of the Holy Land to be undertaken at the Councell of Cleremont In the yeer of grace 1095 saith he Pope Vrban the second who sat in the See Apostolique having passed the Alpes came into France the cause of his comming which was publiquely given out was that being chased out of Rome by the violence of Gilbert hee came to sollicite the Churches on this side the mountaines to assist his Holynesse but his more private end was never given abroad which was that by the advice of Boadmond he might stir up all Europe to make war in Asia to the end that in the generall hurly burly of all Provinces Vrban might with case possesse himselfe of Rome and Boadmond of Illyrium and Macedonia after they had consulted with such as were to assist them 5 Alexander the fourth turned the vow of Ierusalem into a vow of Apulia in the case of Henry the third King of England that is a crosse of devotion into a crosse of revenge The Pope gave his Legats power to absolve the crosse-bearing King of his vow dispensing with him for going to Ierusalem alwayes provided that he should goe into Apulia to make war upon Manfred the son of Frederick late Emperour an arch enemy of the Church of Rome The English authour who relates this story complaines in another place that the tenth was granted for the reliefe of the Holy Land and we are compelled to turne it to the aid of Apulia against the Christians 6 A Croisada for the conquering of the Holy Land being resolved upon at the Councell of Vienna under Clement the fifth Philip the Faire and his three sons as also Edward King of England tooke up the crosse to go thither in person with an infinite number of men besides Then did Pope Clement saith an old French Chronicle grant great indulgences to such as could not goe but on condition that they should finde money for that use So as he that gave a penny was to have one yeers pardon he that gave twelve pence twelve yeers pardon and he that would give as much as would maintaine a man going over seas a plenary pardon for all And the Pope appointed certaine men whom he put in trust for the receiving of this money A man cannot conceive the great summes of money that were given for the purchasing of these pardons for five yeeres together And when five yeeres were gone and past and the good men were ready to goe and performe what they had promised and vowed the businesse was brooke off but the Pope kept the money the Marques his Nephew had a share of it and the King and other who had taken the crosse stayed here at home The Saracens there are in peace and quietnesse and I thinke they may yet sleepe securely 7 The same Pope Leo whom we spoke of before caused in his time the tenth of all Ecclesiasticall revenues to be levied in some places under colour of defending the Christian Common-wealth against the Turk but indeed to put it into his owne purse This was the cause he found such strong opposition in Spaine that it was thâ—re resolved by thâ— Clergy Synodically assembled that they would not pay any thing to it The Arâ—hbishop of Toledo did presently interpose and told the Pope by his Proctour that if his meaning was to make war against the Turk he should declare himselfe openly which done they would imploy the best of their abilities but not otherwise Which the Pope perceiving he disavowed the act of his Legat in Spaine in requiring the tenth because said he he was too hasty and it should not have been levied yet But let us heare the Spanish authour himselfe tell the story Nor did bee use lesse diligence speaking of the Archhishop of Toledo in appeasing the commotions of the Clergy which were then a foot by reason that Pope Leo the tenth by authority of the Lateran Councell required the tenth part of the commodity of their benefices of the Clergy It was demanded under colour of defending the Christian Common-wealth for when it was supposed that Selim Emperour of the Turks having conquered the Sultan of Egypt and put him to an ignominious death would bend his forces against Italy the Pope in the last act of the Lateran Councell treated with the Fathers there to have the tenth of their benefices for three yeers to defend the sea coast and fortifie the passage against the enemy to the utmost of his ability This was denyed him by divers who thought it very hard to see their livings overcharged in that kinde contrary to the decrees of other Councels and the constitutions of the Popes especially seeing Christian Princes to whom the frontiers belonged were not mustering any armies nor made any semblance of war The Pope on the otherside maintained that there was the like necessitie now as at the Councell of Constance under Martin the fifth For what greater cause could there be to move them than the preparations of the publique enemy of Christianity for the invading of Italy and Rome The Clergy of Aragon who were imboldened by the Bishop of Saragossa the Kings Lievetenant there and liberty which all in that Kingdome enjoy at their meetings in provinciall Synods determined to deny the payment of those tenths But forasmuch as it neerly concerned them to take the authority of the Archbishop of Toledo along with them who was in great account with the Pope aswell the Bishop of Saragossa as the other Bishops of Aragon intreated him by letters to undertake the cause of the Clergy and that he would not suffer being such a potent man in the Province as he was wherein he outwent all his Predecessours the immunities of the Clergy to bee so farre prejudiced Ximenius who had taken order that it should not be put in execution in Castile answered them courteously and with all mildnesse promising them that he would doe whatsoever lay in his power for the preservation of their Ecclesiasticall liberty But in the mean time he advised them to dissolve their assembly and expect in patience what would be the event of things that he would treat with the Pope and the Emperour Charles hereabout and that he hoped the issue would be to their content Whereupon he thought fit in the first place to acquaint the Emperour to whom he writ his advice to this effect That seeing the Clergy of Aragon had begunne to oppose by calling of Synods that ours may have the like assemblies to examine the grounds of these exactions and try whether that
defeated and stopped by Apostolicall letters and rescripts The German Nation framed likewise a complaint concerning this point and presented it to the Emperour Maximilian The causes say they that might be determined in Germany where there are both just and learned Iudges are removed to the Court of Rome withouâ— any distinction 10 The Popes have likewise gone about to usurpe the Lay jurisdiction and to draw unto them all sorts of Lay men even in profane maâ—ters whereof the States of Germany made a grievous complaint also which we will here insert Seeing that not only the grounds of equity but also the ordeâ— of things doth require that the bounds of jurisdictions be distinct and limitedâ— and that every Ordinary content himselfe with his owne bounds without entrenching one upon another in the exercise of their jurisdiction yet the Popes heretofore never considered this equity but sleighting it have oftentimes cited Laymen to Rome and made them appeare in judgement before them and that evâ—n in causes profane as cases of inheritance or morgages and those of the first rank Which thing tends to the losse dammage and mispâ—ision not onely of those that are summoned but also of the states of the Roman Empire and to the disgrace and infringing of its jurisdiction Item when any man offers to affirme upon oath at Rome that he doth not expect that he can obtain justice of his competent Iudge in Germany he is forthwith admitted to take that oath and letters are granted to him to set his adversary a day and so the suit is removed from Germany to Rome without ever any request made to the Iudge or notice given to the party Whereupon under pretence of this oath neither the reasons of not proceeding nor any other proofes are admitted although it may bee plainly convinced that the adverse party is perjured Which thing if it take any deep root and be not remedied in the beginning all causes in fine will bee devolved to the tribunall of the Court of Rome and all Ordinaries deprived of their jurisdiction which would be both unjust and untolerable 11 Wee will here set down by way of commentarie on these Articles the severall usurpations which the Popes have made upon Lay men in point of justice and jurisdiction The Glossatour upon the Canon Law freely confesseth That the Pope doth daily give out writs to Clergy-men against Layiques in all causes whatsoever and by this meanes getteth the jurisdiction of the other The Parliament of Paris urgeth this usurpation in their Remonstrances to Lewes the eleventh Item the Clergy would not only be molested by citations from the Court of Rome but the Seculars would be like the Barbour before S. Dennis of the Charter who lost his son in the Court of Rome by the Pestilence and the Father was afterwards summoned into the Court for his sonnes debts as also M. Iohn d' Argonges the Kings Advocate One of our old Lawyers toucheth this very usurpation Observe saith he speaking of the exception in case of excommunication that this was invented by the Pope for another reason to wit that his power might be therein enlarged as well in the Civill Court as the Ecclesiasticall which ought rather to be restrained than augmented inasmuch as the psalterie doth not agree well with the Iettren 12 Other Prelates have done the like after the example of their Head witnesse the complaint of M. Peter de Cugueres against the Clergy of France Although the cognizance of Lay men belong to the Secular Iudge excepting in spirituall cases yet the Bishops Officials cause them to be summoned before them upon the demand of the parties and if the said Lay men decline the jurisdiction of those Officials or those Lords whose subjects they are require that they may be dismissed as being their temporall Lords and Iudges the said Officials refuse to do it and compell the parties by excommunications to proceed before them Hee quoteth many other cases in divers Articles which the reader may see in the Authour CHAP. VIII Of Ecclesiasticall informations and of the Popes Commissaries and Legates 1 THe chiefe meanes whereof the Popes have served themselves against Laymen to get the jurisdiction over them even Kings and Princes have beene Ecclesiasticall denuntiations for upon complaint and information made unto them against a Layman they would cause him to be summoned before them namely then when there was any oath in the businesse or any sinne might follow upon it which commonly fell out in all causes And suppose all this failed the Plaintife needed but sweare that hee looked for no justice from the Lay Iudge as the articles of the States of Germany have it 2 Wee have a pretty example in Philip Augustus King of France who having some difference with King Iohn of England surnamed Lacke-land concerning the Dukedome of Guyen and Earledome of Poictiers which Philip supposed to belong to him because homage was not done for them and concerning the Dukedome of Brittaine which was confiscated unto him by the murther of Arthur King Iohns Nephew whom he had killed hee was summoned to Rome by Innocent the third upon the information made by Iohn supposing that the Pope ought to have the determining of their controversie by reason of an oath upon the setling of the lands formerly made betweene the two Kings and the violation thereof concerning which hee writ at large to the Bishops of France that they would approve of his proceeâ—ings which was so well liked by his successors that they canoniz'd his Decretall which neverthelesse hath beene disliked by some Devines And for the Canonists some of them have said that the Protestation which he makes at the beginning of it contradicts the Act it selfe in as much as he declareth that hee will not meddle with the jurisdiction of the Kings of France which neverthelesse hee did for the feudall differences being determined by the Peeres of France betwixt Philip the Lord and Iohn the Vassall yet the Pope would have his Legats to have the cognizance of them for heark how he speakâ— That Philip would patiently suffer the Abbat of Casemar and the Archbishop of Bourges to have the full hearing whether the complaint put up against him be just or his exception legall The observations of learned Cujacius up 〈◊〉 that Chapter are remarkable He protesteth saith he doing one thing anâ—â—etending another not to intermeddle nor usurpe the cognizance of the fieffs beloâ—ging to the King which he knoweth to appertaine to the King and the Peeres of France but onely to have the cognizance of the perjury And he afterwards addes All this he wrote to appease the Prelates of France and beare them in hand that he proceeded justly against their King and put all his Kingdome in an interdict upon this occasion yet for all that he gained nothing by it 3 In the time of Saint Lewes a great complaint was made against Innocent the fourth
by the Nobility of France upon occasion of such usurpations Yea in so much that they put out a very bitter declaration which startled him a little as the English Historians doe record Loe here a piece of it All we prime men of the Kingdome perceiving out of our deepe judgement that the Kingdome was not got by Law written nor by the ambition of Clergy-men but by the sweat of warre doe enact and ordaine by this present decree and by joynt oath that no Clerke nor Layman shall sue one another before the Ordinary or Ecclesiasticall Iudge unlesse it be in case of heresie marriages and usury upon paine of confiscating all their goods and the losse of a limbe to the transgressors hereof for which certaine executioners shall be appointed that so our jurisdiction being resuscitated may revive againe and those who have enriched themselves by our poverty amongst whom God for their pride hath raised up prophane contentions may be reduced to the state of the Primitive Church and living in contemplation may shew us those miracles which are fled out of the world a long time agoe and wee in the meane time lead an active life as it is fitting The Historian addes The Pope having heard these things sighed with a troubled minde and desiring to appease their hearts and breake their courage after hee had admonished them he frighted them with threats but he did no good for all that 4 The King of England in imitation of our French made also a Statute for the preservation of his justice The same yeere 1247 saith Matthew Paris the King of England following the example of those Lords that made these Statutes in France which were approved and sealed by their King to tame in part the insatiable greedinesse of the Court of Rome ordain'd that these things following should be inviolably observed To wit that Laymen should not be convented before an Ecclesiasticall Iudge in case of perjury or for breach of promise Gregory the seventh kept a fine decorum when after hee had deposed out of hand the Emperor Henry the fourth when he was doing his pennance at Rome and created Ralph in his stead he would afterwards be the judge of their controversie to see whether had the wrong A Germane Priest makes mention of the pennance appointed to the said Henry whereof wee speake in another place he saith moreover that in the time of the vacancy The Pope sent a crowne of gold to Ralph Duke of Suevia accompanied with a verse which we have cut into two as good as the Latine Petra dedit Romam Petro tibi Papa Coronam The Rocke gave Peter Rome in fee The Pope bestowes the crowne on thee He addes that the Pope commanded the Archbishops of Mayence and Cullen and other Princes and Bishops of Germany to take Ralphs part and to make him Emperour which was done accordingly That the Bishop of Strasburg the Emperours great friend going to Rome after hee had sought him diligently a long time through the City and found him in the places consecrated to the Martyrs and told him of the new election and how much it concerned him to goe to Germany in all haste to â—ll â—nfort â—his friends and repell the force of his enemies the Emperour making â—omewhat nice of departing without the leave of the Sea Apostolique the Bishop enformed him that all the mischiefe of the treason proceeded from the Romane treachery and that it was necessary he should flie away privily if he would avoid being taken 5 The case being thus let us now heare the narration which Gregory made hereof in his Bull of excommunication and his pretence for the judgement Certaine Bishops and Princes of Germany saith he having been a long time vexed by that wilde beast in stead of Henry who fell from the Empire by reason of his offences chose Ralph of Suevia for their head and King who using such modesty and sincerity as befits a King sent his commissioners forthwith unto me to give me to understand that he undertooke the managing of the Empire against his will That notwithstanding hee was not so desirous of reigning but that he lov'd rather to obey us than those who promised him the Empire That he would be alwayes under our power and Gods and to the intent we may be assured that he will be so he hath promised to deliver his children unto us for hostages From thenceforth Henry hath begunne to vexe himselfe and intreat us at first to repell Ralph from usurping the Empire by anathema's I replyed that I would see who had the right and that I would send my Nuncio's to examine the whole businesse and afterwards I would judge who had the better cause 6 They have gone so farre in this point that they have attempted to exercise jurisdiction over Kings and Princes in their owne cause as Boniface the eighth who having a controversie with King Edward the first of England touching the Realme of Scotland which the Pope said belonged to the Church of Rome he writ to him That if he pretended any title to the Realme of Scotland or any part thereof he should send his Proctours and speciall Ambassadours to the See Apostolique with all his rights and instruments belonging to that particular there to receive full justice upon the premises The King of England caused answer to be made unto the Pope by the chiefe Lords and Barons of his Kingdome assembled together in Parliament as they call it where they say concerning this point That the Kings of England have not nor ought not to answer for the titles which they pretend to the said Kingdome or other temporall matters before any Iudge Ecclesiasticall or Civill by reason of their royall dignity and prerogative and the custome inviolably observed in all ages Wherefore after mature deliberation and advice about the contents of your letters the common and unanimous consent of all and every one of us was and shall be without starting for the future that our King ought not any way judicially to make answer before you concerning his right to the Kingdome of Scotland or other temporals nor in any wise submit to your sentence or bring his right in question and dispute or send his Proctours and Ambassadours before you for that purpose and we doe not allow nor will in any wise allow what we neither can nor may that our King if he would doe the said things which are inusuall unlawfull prejudiciall and unheard of nor that he goe about to doe them in any wise 7 Innocent the fourth saith another Historian caused Henry the third King of England to be summoned before him to answer to one David a vassall of his and to give him satisfaction as hee said for some injuries which hee had done him this thing was derided and made a mocke of among many 8 They have not only attempted to determine of profane matters between Lay men but which is more to disanull
and correct the sentences of Emperours and Princes having caused their Arrests in this kind to bee enrolled in their books as marks and Trophies of their victories and to serve for perpetuall presidents for the future So Clement the fifth cassed the sentence and proceedings of the Emperour Henry the sixth or the seventh against Robert King of Sicilyâ— his vassall in case of treason Heark how he speakâ—s of it We aswell out of the superiority which without question wee have over the Empire as out of that power by virtue whereof we succeed the Emperour when the Empire is vacant but especially out of the plenitude of that power which Christ the King of Kings and Lord of Lords hath confer'd upon us though unworthy in the person of S. Peter with the advice of our brethren declare and pronounce the sentence and all the proceedings aforesaid together with all that followed thereupon or from that occasion to be null invalid and without effect 9 But see the censure which a Doctour of ours passeth upon that Clementine In this Chapter saith he there are somethings which taste a little of the truth of law and somethings which doe nere a whit taste of it and herein the Pope hath beene more partiall than Apostolicall 10 Now because the Popes found some resistance now and then when they attempted the jurisdiction over Lay men to make the streame of their usurpation run more even they begun to metamorphize Lay men into Clergy men or to speake more properly to dresse them up in a Maske and make them appeare such when they came to them Marsilius of Padua hath detected this policy unto us Boniface the 8 saith hee to enhanse his Secular jurisdiction ranked all such amongst the number of Clergy-men as had married a Virgin and who contented themselves with one wife and ordained by his Decretals that they should be accounted for such And not containing themselves within these bounds they have exempted from all huâ—â—â—â—â— Civill Lawes a company of Lay men whom in Italy they call Fratres Gaudentes but elsewhere Beguins as also the Templars Hospitallers and other such like Orders together with them that are called De alto pasâ—iâ— And by the same reason they might doe so with all the rest But if all those that be of this kinde bee thereby exempâ—ed from the jurisâ—iction of Priâ—ceâ—â— accordiâ—g to their Decreâ—als it is very probable that most part of men will enter themselves in their societies considering that they receive without any â—ifferencâ— aswell the uâ—learned as learned 11 M. Peter Cugâ—ores said the very â—â—â—e in his pleadings To the end that the Ecclesiasticall Court may be enlarged saith hee the Prelates make a great many shave-pates some infants at under age some the children of servantsâ— some married meâ—â—â—learned and insufficient We will conclude this discourse with the saying of Cyâ—â—â— Pistâ—râ—usis one of our â—ost ancient law commentatours The Popes Court â—oâ—ld gladly have all the world to bee squâ—â—azed in it so great is their insatiable desire of 〈◊〉 and 〈…〉 12 The States of Germany 〈…〉 â—efoâ—â—ation in respect of the Popes 〈◊〉 and Delegates which 〈…〉 all Provincesâ— and which are ever a meanes to augment both his power and riches The Popes Holynesse say they upon the request of the Clergy is wont to send his Commissaries and Delegate Iudges through Germany as Iudges Ecclesiasticall to the end that the plaintives that procure them may cause Lay men of what ranke and quality soever to be convented before them in judgement for profane matters 13 The Peeres of France complained likewise of these Commissaries and Delegates in the time of S. Lewes as wee have seene proved already out of the place before cited So Innocent the third delegated the Abbat of Casemar and the Archbishop of Bourges to judge the controversie betweene the King of England and France 14 Charles the seventh speaks of these Commissaries in his Ordinance of the yeer 1422 Divers saith he doe endeavour to cite our subjects or cause them to be cited in the Court of Rome or before certaine Commissaries or Delegates of our Holy Father which is directly to offend against the liberties and priviledges of the Church 15 So farre is the Councell from providing against this complaint that poynt blanck to the contrary it hath ordained certaine delegated Iudges whom it will have appointed and sent into every Diocese to the number of foure or upwards according to the nomination which shall be made in the Provinciall Synod or Councell of the Diocese so as the names be sent to the Pope As if there were not Iudges enough already even Ecclesiasticall but they must needs proceed to a new creation Which mainly concernes Kings and Princes without whose will and consent new Iudges cannot be established within their Dominions 16 They addressed a complaint also against the Popes Legates which are his Quaestors and Treasurers whom hee sends into the Provinces who like those that traffique in Peru bring us little guegawes to transport our gold for them Yea which proceed further now adayes and embroyle themselves in making of Leagues to alter the state of Countries The request which they made was very pertinent namely that it might not be lawfull for such Legates to legitimate bastards incestuous persons and such as were got by a damnable copulation so as to qualifie them to inherit with other legitimate children and make them capable of all offices and dignities 17 This power hath beene oftentimes granted to the Legates that came into France and amongst others to Cardinal de Boissy who was sent hither Ann. 1519 in whose faculties this Article was included The power of dispensing in default of legitimate birth for inheriting of lands As also to the Cardinall of Ferrara 1561 in the 6 Article of his faculties And likewise to legitimat all bastards of either sex even those that are borne by unlawfull and damnable conjunction joyntly or severally so as they may bee admitted to their fathers inheritance and all other goods whatsoever whether hereditary or emphyteâ—tiques without prejudice of those that should succeed the intestate and received to all kinds of dignities Magistracies offices as well publique as private and to exercise them in like manner as if they had been truely begot in true and lawfull Matrimony and to cleare them and take away all staine of birth and restore them to their originall legitimate rights of nature 18 Espensaeus exclaimes against these legitimations and condemnes them as illegitimate What shall wee say saith he of this that by meanes of this money they legitimate bastards or such as are begotten by a damned conjunction in unlawfull marriage against the lawes of God the Church and the Prince making thâ—m capabâ—â— anâ— fit for the administration of all places and dignities and to share equaâ—â—y in the inheritancâ— with the lawfully begotten Hee disclaimes also divers other Articles of these kinde of
faculties as appeares by the passage which we have urged elsewhere speaking of the penitentiary taxes of the Church of Rome 19 This power was never more than imaginary in France for Legates were never permitted to exercise this faculty there as being contrary to the Lawes of the Land and indeed heark what the Collection of the liberties of the Gallican Church saith concerning this point The Pope cannot legitimate bastards and illegitimate persons so as to make them capable of succeeding or being succeeded by others nor to beare office and purchase temporall estates in this Kingdome 20 Many other abuses might be here alledged which are committed in these faculties as they call them that in particular which is so ordinary that it can never be forgotten To derogate from all Decrees of Councels and dispense with them or as others terme it to put a dorre or obstacle before the Councell and other Constitutions derogatory to them Of which abuse Gerson speakes thus It is not lawfull for the Pope to make so much adoe about these obstats which are ordain'd in Generall Councels Cardinall Cusan in his booke De Concordiâ Catholicâ makes a large Chapter of this But we should have enough to doe if we would seeke out all the abuses and usurpations of the Court of Rome CHAP. IX Of the Popes usurpation of Lordships and Kingdomes 1 THey have laboured hard to usurpe Lordships Kingdomes and Empires insomuch that they quite forgot the care of Spirituals Two maine causes have moved them hereunto Avarice and Ambition We shall here prosecute onely so much as concernes the first or at least as belongs jointly to both Marsilius of Padua Not content with those Temporalls which were bestowed upon them by Princes by reason of their insatiable appetite they have seized upon many temporall things that of right belong to the Empire as the Cities of Romandiola Ferrara and Bononia with divers other possessions and many lands and Lordships then especially when the Empire was vacant 2 Langius reporteth a passage out of the Chronicles of Engelbert Westerâ—itz a Clerke of Brandenburg where as much is said of the City of Rome The keyes whereof saith he were presented by the Citizens to Innocent the seventh with branches of Palme trees and the temporall dominion thereof granted unto him but with little equity and commendation forasmuch as the abundance of temporall things are no little impediment to spirituall and the Pope who is Saint Peters successor ought not to take this dangerous temporall dominion upon him for we never reade that in former times even after the donation of Constantine in which our curious Canonists doe greatly hugge themselves that any Pope did administer the temporall dominion of the City of Rome but in these latter daies and within our memorie some Popes have ventur'd to meddle with it thereby heaping upon themselves both cares and troubles howbeit from all antiquity Rome was ever the royall and imperiall City else he that should be lawfully preferred to the Empire by the Electors deputed whosoever he were should be vainly and idlely called the King of the Romanes as commonly hee is by the ancient Historians 3 There is nothing here but very true and yet our Popes beside the donation of Constantine have forged us another made by Lewes the Gentle who bestowed upon them the City of Rome in expresse termes howbeit the ancient Historians speake not a word of it and it is plaine they never enioyed that right till within this little while to wit after the time of Boniface the ninth who being intreated by the Romanâ—s to remove his seat from Avinion to Rome for the great gaines which they presaged they should reape by the approching yeere of Iubilee he being arrived there seized upon the Cittadell of the Castle of S. Angelo and made himselfe master and commander of the City for him and his successors But let us heare the testimonie of Guicciardine concerning this 4 Being returned to Rome upon these conditions while the Romanes were busie about the gaines that yeere 1400 the Pope having got the command of the City fortified the Castle of St. Angelo and bestowed a garrison in it whose successors till Eugenius although they were troubled with divers difficulties yet having fully established their government for the future the succeeding Popes have ruled the roast at Rome at their pleasure without any contradiction 5 But we shall speake more at large of such usurpations as these hereafter we will onely observe that the Popes were ever so crafty in the managing of Empires and Kingdomes under the pretence of spiritualty as to pick out something alwaies for their owne advantage So Boniface to take up the quarrell which was betwixt the King of England and Scotland whom the other King pretended to be his vassall came in play as to assist the Scotch Affirming how that Kingdome belong'd of right to the Church of Rome and that it was in his power onely to give it or take it from whom he pleased which he affirmed so as that hee would needs bee the Iudge himselfe but hee met with a people that would not beleeve him 6 A certaine King of Poland called Casimire being turned Monke and enâ—red into the Abbey of Cluny in France was dispensed with for his vow by Pope Bennet at the request of the Polanders repenting themselves of their fault so as he had licence both to reigne and to marry but for the pot of wine It was ordained by the Pope that the Polanders should pay a yeerly pension to S. Peters Church in Rome for maintaining of candles which is called in Polonish Snatro Petre that is S. Peters Saint 7 Charles of Anjou brother to S. Lewes the King was by Clement the 4 who prosecuted the designe of his predecessour Vrban the 4 Declared King of Ierusalem and Sicily with this condition that he should pay fourty thousand crowns yeerly to the Church of Rome by way of fee. Wherein two usurpations are remarkableâ— one in the manner of the fee which Peter Anaclete the anti-Pope had formerly laid upon Sicily the other in the tribute which Clement the fourth added de â—ovo 8 But there is nothing so memorable as the usurping upon the Kingdome of England where excommunication was openly profaned King Iohn of England being at enmity with the Lords of the Land by reason of certaine injuries pretended to be done unto them by him was excommunicated by Innocent the third the yeere 1513. This excommunication was carried from Rome by Stephen Archbishop of Canterbury William Bishop of London and Peter Bishop of Ely who thundred it out in France where that King had then certaine Earledomes and Dukâ—domeâ— after they had acquainted King Philip Augustus with the whole businesse Whom those Bishops commanded as also all others for the remission of their sinnes that invading England in hostile manner they should depose King Iohn from his crowne
and dignity and substitute another worthy of itâ— by the authority Apostolique The King of France having such a wiâ—â—ed occasion offered made ready for warreâ— and mustered up an army But in the meane time behold the fraud while the comming of the King of France was expected by sea Pandulphus the Popes Legate comming out of France goes to King Iohn tels him what eminent danger hee is in shewes him how hee is utterly undone unlesse hee shadow himselfe under the Popes wings The King having learned from him how this protection might be sweares upon the holy Evangelists in the presence of the same Pandulphus that hee will submit unto the judgement of the Church Which judgement of the Church was that this poore King should be a vassall a slave and tributary to the Church of Rome Heare the words of the same Authour ensuing immediatly afterâ— Then hee resigned the Crowne of England to Pope Innocent and did homage unto him bringing a most free countrey into bondage to be made King of his owne Dominions and that with a tribute having framed an instrument hereof to be pitied and abhorred of all those that understand it 9 Hee that would read the Conveyance may finde it at large in the Histories of Matthew Paris and Matthew Westminster wee will here relate so much of it as shall serve our turne Wee offer and give unto Godâ— and to his blessed Apostles Peter and Paul to our mother the holy Church of Rome to Pope Innocent the third and his successours all the right of Patronage which we gave to the Church of England together with the whole Realmes of England and Ireland and all their rights and appurtenances for the remission of our sinnes and the sinnes of our progenitors as well alive as dead and receiving at this present from God and the Church of Rome all the premisses as a vassall and feudatary for which we doe liege homage and promise fealty to Pope Innocent and his Catholique successours And afterwards And in witnesse of this our gift and grant we will and decree that the Church of Româ— receive yeerly a thousand Markes â—â—erling of the proper revenues of our said Kingdomes besides the Peter-pence 10 After this that honest Iohn Lack-land was absolved from â—is excommunication And my Lord Legat began earnestly to advise the King of France to desist from his enterprise who was now in readinesse to passe over into England with great forces So Matthew Paris Another relates it thus The King of France being cozened by the many talks and faire words of the Popes Nuncio's seeing King Iohn sheltered under the shield of the Court of Româ— gave over his enterprise after he had spent fourty thousand pounds upon it receiving thereby a great deale of shame Thou wrongs him Englishman it is the sanctity of Româ— which should have blusht at it rather 11 This history with divers others of this kinde which wee could urge prove that to be true which Marsilius of Padua witnesseth The Bishops of Rome saith he having thus broken the ice they first excommunicated some under pretence of labouring for peace and unity amongst the faithfull people of Christ whereas it is indeed because they refused to stand to their judgement Afterwards passing sentence against them both reall and personall and very roughly against some namely such as are of least abilities to resist their power such are particular persons and common-wealths in Italy more mildly against others as Kings and Princes whose assistance and coactive power they are afraid of on whom notwithstanding they incroach by little and little and they endeavoured ordinarily to doe it by usurping upon their jurisdictions having the boldnesse to throw at all at onceâ— by reason whereof their close prevarication hath hithertowardâ— kept secret forasmuch as concernes the Emperours of Rome and their subjects yet so as that now they say they have all the coactive temporall jurisdiction 12 The Emperour Frederick the second being excommunicated by Gregory the ninth could not make his peace with him without a great summe of mony He obtained it not saith Platina till he had given twenty hundred thousand ounces of gold to the Church of Rome for the damages which hee and put it to and till he went in the habit of a supplicant as farre as Anagusie to the Pope About the yeere 1338. 13 Lewes King of Hungary was compelled to buy Campania at a deare rate of Clement the sixth which belonged to him as heire to his brother Andrew About this time saith Aventine the King of Hungarie's Oratours stucke fast in the same mire at Avignon Lewes King of Hungary that he might not bee excluded from his brothers kingdome bought Campania the inheritance of his brother Andrew which was set to saile by the Pope and gave him two millions eight hundred and sixty thousand crownes for it 14 Now these great treasures which they rake up together are partly for themselves partly for their children nephewes and other kinsfolkes which are oftentimes seene to be both beggars and Princes on one day For the first thing they doe after they are setled is to preferre and ennoble their kindred and divide amongst them not any pettie summes of money but whole Earledomes Dukedomes and Principalities to make them Generals of Armies and such like things so as all the pompe and magnificence is for them 15 This was in fashion in Marsilius de Paduaes age who lived about 336 yeeres agoe for speaking of the Popes he saith They either bestow when they are alive or bequeath when they are like to dye as great summes of money as they can not upon the poore but upon such as are linckt with them in affinity or otherwise however they bee robbing the poore of them The author of the Vergers dreame makes the Knight speake thus Ye never consider the goods of holy Church which your children your nephewes your parents and sometimes other lewd persons catch away 16 Rodericke Bishop of Zamore in Spaine and Constable of the Castle of St. Angelo in his Booke entitled The mirrour of mans life dedicated by him to Pope Paul the second about the yeere 1488. amongst other cares and inconveniences of the Popedome reckons this for one First saith hee domesticke care is an hindrance and besides that most unjust greedinesse and as I may so say most enraged madnesse of preferring their parents of perpetuating their family their kindred and the whole generation of such as are descended of their blood for some Popes would not have one onely but many great families and noble houses owe their originall to them and have honourable principalities springing from them 17 These are they of whom those words in the ordinance of Lewes the 11 made the 16 of August 1478 ought to bee understood It is a strange thing saith he that the unjust exactions of the Court of Rome should bee suffered such are their expectative Bulls
the crime of sacriledge forasmuch as he is the cause of causes and the just cause and for that it is to bee presumed that whatsoever pleaseth him is just and reasonable 15 Divine honours have also beene ascribed unto him for it is appointed and prescribed in the Ceremoniall That all persons of what dignity or degree soever when they come before the Pope shall bow the knee thrice before him at a certaine distance and kisse his feet Thence followes adoration The Bishop of Zamore saith Let him be highly honoured let him be extolled and adored in all the parts of the world let every knee bow before him as is fitting they should Menotâ—â— speakes of these honours with a very good grace I will make him speake in his owne language for the elegancies sake Nec est bodie princeps super terram qui non flectat genua coram Domino Papâ qul non se multum aestimet qui ne se tienne bien fier ejus pedes osculari Ioseph Stephanus a Devine hath writ a book in our dayes which he intitles Of the adoration of the Popes feet 16 These excessive honours and this divine power which is ascribed unto him have constrained some to cry out and complaine of them In the Acts of the Councell of Rhemes under Hugh Capet wee finde these words directed to the Pope What thinke you Reverend Fathers who that should bee that is seated in the highest place who glisters with a garment of gold and purple I say who thinke you that should be if he be without charity and be puffed up and exalted onely for his knowledge then hee is Antichrist sitting in the Temple of God and carrying himselfe as God but if he bee neither grounded in Charity nor exalted in knowledge he is like an image like an idoll in the Church of God 17 The Emperour Fredericke the second in the letters which he writ to the Princes of Germany saith The Pope being growne over wealthy to the great decay of Christian piety thinkes he may doe any thing like most wicked tyrants as if he were a God he will not give any reason for his actions to any man he takes upon him that which belongs to God alone for it is thought he cannot erre 18 A German Bishop who lived under the same Emperour in a certaine Oration which he delivered in an assembly held at Rhegimburg saith amongst other things That the Popes will never have done till they have trampled all things under their feet till they be seated in the Temple of God and exalted above every thing that is adored And a little after He that is a servant of servants desireth to be Lord of Lord just as if he were God 19 One of our old French practitioners hath made the very same complaint The Pope saith hee styles himselfe in words a servant of servauts but in very deed he suffers himselfe to be adored which the Angell in the Revelation refused to doe A learned Cardinall of Florence reproves the Popes slatterers because they beare them in hand That they may doe any thing that they may doe what they please even things that are unlawfull and so more than God himselfe whence infinite errours have proceeded Hee afterwards addes that in the Councell which shall be holden about the reformation of the Church It will bee fitting to advise concerning the honour which shall be done unto the Pope that there be no excesse in it that he be not honoured as God himselfe 20 They take upon them also all power authority and jurisdiction over Emperours Kings and Christian Princes and over all temporalties whatsoever We will here insert some of their maximes concerning this point First that which they say is contained in the donation of Constantine To the end that the Pontificial dignity be not disesteemed but more eminent in glory and power than the Imperiall we give and grant to the most blessed Bishop Sylvester universall Pope our Palace and City of Rome together with all the Provinces Palaces and Cities of Italy and of the Westerne Countries wee decree by this our Pragmatique Sanction that he and his successors may dispose of them and that they shall belong to the right of the holy Church of Rome By this pretended donation all the Princes of Europe are made the Popes vassals and subjects They say further 21 That it is necessary to salvation to beleeve that every creature is subject to the Pope of Rome 22 That he is set over Empires and Kingdomes 23 That he carrieth both the temporall sword and the spirituall 24 That the Empire depends upon the Pope and that hee hath dominion over it 25 That the Imperiall or regall power is borrowed from the Papall or Sacerdotall for as much as concerneth the formality of dignity and receiving of authority 26 That he may chuse an Emperour himselfe upon just and reasonable cause 27 That he may appoint guardians and assistants to Kings and Emperours when they are insufficient and unfit for government 28 That he may depose them and transferre their Empires and Dominionâ— from one line to another 29 That Pope Zachary transferred the Kingdome of France upon Pepin 30 That the translation of all Kingdomes whatsoever was done by authority of the Pope or of some other that represented him 31 That the Empire was transferred upon the Romans by the Popes authority 32 That the Empire was transferred from the Romans to the Grecians by the Popes authority 33 That the Empire was transferred from the Grecians to the Germans by the Popes authority 34 That the Empire may be transferred from the Germans upon any other by the Popes authority 35 That the confirmation of the Emperour belongs to the Pope to whom also belongeth an universall jurisdiction 36 That the Emperour ought to swear allegeance to the Popes 37 That he cannot exercise his Imperiall power unlesse hee bee confirmed by the Pope 38 That the Pope may make the Empire hereditary if he see it expedient for quietnesse sake for just as he now ordaineth that it shall be elective so hee may bring in an hereditary succession 39 That he may change the Electors oâ— the Empire if any evident and apparent benefit of the Christian Common-wealth doe so require 40 That the Electors of the Empire may bee appointed out of another Countrey than Germany if any just reason so require 41 That he may absolve subjects from the oath of allegeance 42 That the Pope upon just cause may set up a King in every Kingdome for he is the overseer of all Kingdomes in Gods stead as God is the supervisor and maker of all Kingdomes 43 That if one be oppressed in the Court of externall judgement hee may appeal from any man King or Emperour unto the Pope 44 That the Pope hath jurisdiction over all things as well temporall
as spirituall through the whole world 45 That it belongs to the Pope to correct Kings when they offend seeing that he is the judge of the quicke and the dead in Christs stead 46 That the Pope may correct the Imperiall law by his authority as the divine law doth the humane 47 That the Pope may alter the Imperiall laws according to the diversity of the times if any evident commodity be like to insue upon it 48 That the Pope by reason he hath the Empire of Rome may and ought to reduce the Holy Land under his jurisdiction 49 That the Pope hath the propriety of the Western Empire and the rest of the world in protection and tuition 50 That he may justly make an ordination and decree against infidell Princes although their Countries were never possessed by Christian Princes that they doe not injustly molest the Christians within their dominions 51 That if they evill intreat the Christians he may by his sentence deprive them of that power and jurisdiction which they have over them 52 That he may command the Infidels to receive the Preachers of the Gospel into their territories 53 For ought that I can see the King of China and the great Mogul shall fare no better than Christian Princes unlesse they come very speedily and submit themselves to the Pope He hath met with the Kings of India of Peru Brasile Cuba and all those other â—les of the Ocean which were of farre more difficult accesâ—e than those Kingdomes we speak of Alexander the 6 anno 1493 made a faire deed of gift to Ferdinand King of Aragon of all those poore Barbarians and of all their Countries and Kingdomes although he never knew them nor had they ever offended him Of our meere bounty and certain knowledge and the Plenitude of our power Apostolicall we give grant and by these presents do assigne to you your heirs and successours for ever Kings of Castile and Leon all the Ilands and Continents which have already beene discovered and found out or which hereafter shall be towards the West and South drawing a line thereof from the Artick or Northâ—Pole to the Antartick or South Pole And we make constitute and appoint you your heirs and successours Lords thereof with full free and absolute power authority and jurisdiction But enough of this for any man may judge by this what will become of the rest 54 So one of their Doctors expounding that passage of sacred writ Give unto Cesar the things that are Cesars saith That was spoken but for a time not for ever that it was to hold only till the ascention of Iesus Christ and afterwards that should come to passe which was spoken When I shall bee lifted up from the earth I will draw all things after mee That is saith this great Rabbin I will recover all the Empires and Kingdomes of the world and will take them from Cesar from Kings and Princes to give them to the Pope See here one of the finest and truest Prophecies that ever was read for he hath more stroke in the Empire and Kingdomes than the Emperours and Kings themselves at least among Christians 55 Wee need not wonder hereafter at the extravagant of Boniface the 8 where he will have it to be necessary to salvation to beleeve that all the faithfull people of Christ are subject to the Pope of Rome that hee hath both the swords that hee judgeth all men and is judged of none Nor of that which hee writ to King Philip the Faire That he was subject to him both in spirituals and temporals Nor at that which a German Historian relateth of him That supposing Kingdomes and Empires to bee in his power he made his brag that hee had two swords Nor at that which before his time Nicholas the first writ to the Milanois That God hath bestowed upon S. Peter and his successours the right both of the Terrestriall and Celestiall Empire Nor at that which Gregory the 7 saith in one of his Buls speaking of himselfe That all the world may understand at last that wee give and take away Empires Kingdomes Principalities and whatsoever mortall men are capable of Nor at that pretence of Clement the 5 in one of his Clementines That without all doubt he hath the command of the Empire who by reason of that power which he hath succeedeth the Emperour in the vacancy of the Empire Nor at that which Clement the 6 pretended that the Empire devolved upon him after the excommunication of Ludovicuâ— Bavarus and that upon that occasion he placed Governours in the Cities of Italy following herein the example of his predecessour Iohn the 22â— who set forth in his Buls to all the world That he had divided all Italy from the Empire and from the Kingdome of Germany That the Pope is universall Lord not only of things spirituall but also of temporall Nor likewise at this that the Popes have declared all those to bee hereticks who in their writings have defended That Empires and Kingdomes depend not upon the Pope but upon God alone 56 The King of France is deceived if he thinke he is exempted by his Clementine Meruit hee hath to doe with people that know how to expound Scripture that will pick out the sense where all the greatest Doctours of the Sorbon would bee put past their divinity They know well enough how to tell him that he and his Kingdome are onely restored by that Clementine into the state wherein they were before Boniface his Bull that the Realme of France was before that subject to the Popes Dominion by the donation of Constantine That the Pope is Lord and Monarch of the Vniverse that hee hath both the swords a plenitude of power both over temporals and spirituals that the Decrees which bestow this right upon him are confirmed by the Councell of Trent that Pope Zachary deposed Childeric absolved his subjects from the oath of allegeance and bestowed the Realme upon Pepin that this Pope Clement being a French man would have favoured the French but hee could not doe it to the prejudice of St. Peters patrimony that hee trembles yet at the fright which Nogaret put his predecessour into And wheras it is conceived that some such promise was extorted from him and some obligation which bound him so to doe upon condition hee were made Pope they will urge the example of the Emperour Henry the 5. whom the Councels of Lateran and Vienna caused to give up his investitures notwithstanding the dispensation which Paschal the second had granted unto him in that behalfe yea and the examples of our owne Kingsâ— whom Benedict the 13 Iulius the 2 Gregory the 14 and Sixtus the 5 did not sticke to excommunicate for all their priviledges 37 Besides the Councell of Trent being allowed which gives all power to the Popedome even over Councels it must belong to the Pope to dispose of
all things as supreme judge to alter the Decrees of his predecessours to abrogate such as are disadvantagious unto him who shall contradict him No King dare intermeddle how great soever he bee and if he do he will but loose his labour We will returne to the dayes of old when excommunications from Rome were so terrible when all things shrunke at the flash of those thunders The Fredericks the Henries the Ludovici Bavari have felt the force of it they have beene abandoned of their subjects their vassals their kindred their allies their owne children they have been troden under foot deposed from their Empyres defamed as heretiques chased like raskals Goodly mirrours to represent to the life to all Princes of Christendome if they were not blinde the miseries that hang over them and their successours 58 Not without good reason did that great devine Marsilius after he had seene all the tragedies in his age acted make a loud out-cry which deserves now more than ever to pierce the ears of Princes I cry aloud saith hee like a trumpet of truth and tell you it is the greatest prejudice that ever was done to Kings and Princes to all people assemblies and languages which the Bishops of Rome with their associats the Clerks and Cardinals have done By this their Decree which is utterly false in all the grounds of it he speaks of the Clementine Pastoralis after he hath urged the words of it they goe about to bring you in subjection to them if you suffer this constitution to prevaile yea if you suffer it to have the power and force of a law For consider that it followes of necessity that hee which hath authority to repeal a former sentence of any Prince or Iudge whatsoever hath also jurisdiction and coactive power over him and further the power of erecting or putting downe his Princedome Now the Bishop of Rome doth challenge to himselfe this authority equally over all Princes and Principalities of the world inasmuch as by virtue of that Plenitude of Power which heâ— affirmes to be granted unto him by Christ in the person of S. Peter he hath repealed the sentence of Henry the 7. No man can tell how to give the force of a law to that Decretall which he speaks of better than by receiving the Councell of Trent which expressely confirmeth all the Constitutions of the Popes 59 But it were fitting we here added the examination which the same authour makes of Boniface his Decretall and the Clementine Meruit to shew that the King of France his priviledge cannot choose but be void and that other Princes being the Popes subjects hee must needs bee so as well as they Considering more throughly these kinde of Epistles and Decretals they may seeme to be meere fooleries for that of Boniface obligeth all Princes and people in the world to the beliefe of it that of Clement not all for only the King of Frâ—nce and his subjects are excepted out of it So then there will be some things which some men by authority of Scripture are bound to beleeve upon paine of damnation which other some are not bound to beleeve surely this is not one God one faith all are not bound to goe to Christ in the unity of faith and yet the Doctour of the Gentiles plainely affirmes the contrary in the 4 to the Ephesians Besides we may ask Pope Clement in what sacred sense the King of France and his subjects could merit by their faith not to be bound to beleeve those things which ought to bee beleeved upon paine of damnation either then they merited by their faith to bee Heretiques and Infidelsâ— or else the Epistle of Boniface containes a down-right lye and so things which are not true ofttimes overthrow themselves when no body thrusts them Besides there is matter of admiration for other Princes and people who may demand what place of Scripture or what exposition makes them subject to the jurisdiction of the Pope of Rome and exempts the King of France Or why some are more bound to beleeve upon paine of damnation than others For this being like a fiction hath been deservedly much derided and is yet as proceeding from the ambition of them that vent such things and the earnest desire of reigning over Secular Princes and the terrour of the most illustrious King of France 60 Wee will adde furthermore that this domineering power which the Popes have usurped over all Princes of Christendome hath driven them into some heinous injustices as to usurpe their Empires and Kingdomes to raise up war among them to rob them of their inheritanceâ— to muster up their own subjects against them to sow quarrels and contentions among them to cause innocent bloud to be shed to abuse excommunications and other spirituall weapons and in a word to exercise an intolerable tyâ—anny Whereof there are so many pregnant proofs and examples that no man can doubt of it if he be not a meere novice in history or unlesse he have not bin extant in the world in these latter times Neverthelesse I will quote some in the margent to justifie my assertion against detractours CHAP. XI Of the Popes honours WEE will now speak a word or two of those honours which they would have Emperours and Kings and other earthly Monarchs to do unto them whom they make their Lackeyes causing them to attend upon them in most shamefull manner For we are bound to beleeve by the supposititious donation of Constantine that the Emperour Constantine holding the bridle of Sylvesters horse underwent the office of a Lackey Some of the Popes domestiques affirme that Pepin one of our Kings did as much to Pope Stephen the 2. 2 And in the Popes Ceremoniall these Chapters are inserted That Kings and Emperours must hold his stirrop when he gets up or alights from his horse That they must lead his horse by the bridle That if he goe in a litter the Emperours and Princes must carry him upon their shoulders That when he sits down to table they must hold the bason while he washeth That they must carry up his first messe 3 Now these honours are not only set downe in their Books but have been actually proferd and beene admitted and received Frederickâ— the first is thought to have fared but ill because he had not well studied this point of civility and duty when Pope Adrian the fourth came into his army for running to the rising stirrop to help him in alighting in stead of going to the other hee is thought to have lost his crowne for it For the Pope was so offended at him and took it out so hainously in point of honour that being desired to proceed to his coronation hee made answere that S. Peter had beene dishonoured in asmuch as the Emperour in stead of holding the right stirrop had holden the left Fredericke being much amazed at that complaint excused himselfe saying That it was for want of knowledge not devotion and that
hee haed not been accustomed to holding of stirrops But the Pope from his excuse drew a subtile argument agâ—inst him to pronounce him unworthy of the Empire for saith he if he have neglected out of ignorance a thing which is so easie how thinke you hee will manage weightie matters The Emperour seeing himself in danger to be degraded as insufficient and incapable of the Empire bended all the nerves and veines of his wit to make this dilemma which gained him the cause I would be better informed saith he whence this custome proceeded whether out of good will or out of custome if of good will the Pope hath no reason to complaine if a man have failed in a thing which concernes civility seeing that consists in the minde of the giver and not in necessity of right if you say that this reverence is due to the Prince of the Apostles from the first institution what difference is there betwixt the right stirrop and the left so that humility be observed and the Princâ— humble himselfe to the feet of the supreme Bishop The Historian addes That the question was disputed a long time and with much eagernesse Hee sayes further That they parted without giving him the kisse of peace It went so farre that the Pope returned without crowning Frederick and beeing intreated and importuned thereunto by the Princes of Germany he commanded him first and formost for pennance of his fault to goe and conquer Apulia from the Popes enemies to restore it to S. Peter and he had much adoe to make him give over that designe All this is reported by a German Priest not suspected Iudge yee now if he did not play his part well 4 There was yet after that another great quarrell betwixt them by reason of certaine letters which the Emperour had writ to Adrian wherein hee committed this grosse absurdity to put his owne name before the Popes whereat hee being justly offended told him in his letter That he wondred much at this that he seemed not to give unto S. Peter and the holy Roman Church her due reverence for saith he in those letters which were sent to us you put your name before ours wherby you incurre a censure of insolence if not of arrogance Whereunto the Emperour replyed That all the royalty which the Popedome had it had it by the liberality of the Emperoursâ— and thereupon said hee when wee writ unto the Pope of Rome wee put our owne name before of right and custome and by way of justice wee allow him to doe the like when he writes unto us Search the records and if you have not observed what we affirme wee will shew it you 5 We might here adde the picture of Rome which represents Innocent the 2 sitting in his pontificall chaire and Lotharius the Emperour who received the crowne from him lying prostrate at his feet which as Historians say caused the Emperour Frederick the first to fret and fume when he cast his eye upon it As also that forme of inscription in Innocent the fourths letters Innocent c. The virtue of God the wisedome of God to whose unspeakable majestie all things are subject 6 Henry the 4 was injoyned this pennance by Gregory the 7. Not to goe out of Rome for a yeere not to get on horse backe to visite the Churches in a Pilgrims habit and to bring forth fruits worthy oâ— repentance by fastings and prayers While the poore Emperour was at his Pater nosters submitting himself to all that hee would lay upon him the Pope made another Emperour to bee created in Germany whereof a German Priest gives this reason That the Cardinals and others of the Court of Rome seeing how the earthly powers trembled for feare at the shaking of the See Apostolique and how those that bore up the world did bow downe to it might suggest to the Pope that he should conferre the Empire upon another Another time comming to meet with the Pope at Canisium bare foot in the midst of Winter in Pilgrims weedâ— he was compelled to stay three dayes in the Suburbs like a poore rogue without obtaining audience 7 The indignity done to Frederick the first by Alexander the third is well enough knowne when he received him in peace he cause him to cast himselfe upon the ground in S. Marks Church in Venice and to aske him pardon when setting his foot upon his neck hee said these wordsâ— Thou shalt goe upon the Basilisk and Adder the Lyon and the Dragon shalt thou tread under foot 8 A Duke of Venice to make his peace with Clement the fifth for himselfe and the State was constrained to goe upon all foure towards the Pope with a chaine about his neck Innocent the 4 would not forgive Frederick the 2 notwithstanding the intercession made by King S. Lewes who writ unto him in person to Lions who offered in behalfe of the Emperour for satisfaction of his faults To goe in Pilgrimage into the Holy Land to make warre and stay there all the dayes of his life Whereat the good King taking scandall came home vext and ill appeased having found no humility in the servant of servants saith an English Monke Nay which is more Hee forbad him entrance into his Kingdome saying The Vicar of Christ followes not the footsteps of Christ as the same Authour 9 The same King by the Councell of the Peeres in France had formerly denyed Gregory the 9 entrance into his Kingdome Knowing that by his comming there would no good come either to the King or the Kingdome saith the Historian who further addes this speaking of the French men and the Pope They were affraid that hee would not know his enemies as the rat in the poke or the serpent in the bosome And yet this King was Canonized by the Popes Philip the Faire was in danger to be so by Clement the 6 for sending Boniface into Paradise But Lewes the 12 was excommunicated by Iulius the 2 for being too good to him and Henry the 3 by Gregory the 14 because hee was growne too devout and doted too much upon the reliques of Rome 10 Let us now see some draughts of the Popes greatnesse taken from that description which the Bishop of Zamore and Constable of the Castle of S. Angelo makes of it in his mirrour of mans life which he dedicated to Pope Paul the 2. That the Pope is instituted and ordained not only for humane principalities but also for divine not onely to rule over mortals but also immortals not only over men but also over Angels not only to judge the quicke but the dead also not only in earth but also in heaven not only to preside over Christians but also over Heathens And to bee short that he is instituted and ordained by the great God in his stead over all mortals to be held in the same dignity to have the same power and jurisdiction and the superiour and
by the judgement of God by reason of the sinnes committed by the Emperours the consciences of Princes and people binding them to make resistance against them 5 The Clergy of Liege in their Apology against Paschal the 2 who had commanded Robert Earle of Flanders to make warre upon them and had excommunicated them because they would not abandon the Emperour Henry the 4 How comes this to passe say they that Pope Paschall not content with the spirituall sword alone sends his Champion Robert to spoile the lands and inheritances of the Church which if they must needs be destroyed ought to bee so by the Edict of Kings and Emperours who beare not the sword in vaine 6 S Bernard exclaimes mightily against the Popes dominion and gives good advice to Eugenius the 3 about this particular where he tells him amongst â—ther things You were made superiour to others for what I pray not to domineere I trow Wee therefore having a conceit good enough of our selves doe not yet remember that any commanding power was given unto us but that a ministery was laid upon us You must consider that to doe the worke of a Prophet you stand in steed of a weeding hooke not of a Scepter Hee saith in another place This is plaine that dominion is prohibited by the Apostles goe you then I pray you and if you dare usurpe either the Apostleship as rulers or the power of ruling as the Apostles The one of the two is forbidden you if you will needs doe both you loose both Doe not thinke that you are exempted out of the number of those against whom God makes this complaint They have reigned but not by me c. Hee hath more concerning this point but this shall content us 7 Venericus Wercellensis in his book of the unity of the Church saith That the sacerdotall judgement hath no more but the spirituall sword which is the word of God And speaking of Hildebrand that is of Gregory 7 But Hildebrand saith he and his Bishops have doubtlesse challenged to themselves the very top of regall Authority yea they have usurped the function of both jurisdictions insomuch that the Kingdome is fully in their power or where they are pleased to bestow it being growne more perverse by reason of this great prideâ— so that they can neither looke to the one nor the other neither the Priestdome nor the Kingdome considering that no one man is sufficient to discharge either of the two they being such weighty imployments But however hee is neither Christian nor Catholique that contradicts the Gospel and despiseth the doctrine of the Apostles which saith Give to Cesar the things that be Cesars and to God the things that are Gods He that serveth God meddleth not with the things of the world Feare God honour the King Be subject to every humane creature for Gods sake c. He urgeth many other reasons and places out of Scripture which to set downe might be troublesome 8 A German Abbat who writ about 1â—50 speaking of the excommunication of the Emperour Frederick the 2 whom Pope Honorius had also deposed from the Empire This sentence saith hee being noised abroad into the world some Princes and divers others tooke it ill saying that it concerned not the Pope to set up or pull downe the Emperour but only to crowne him after he is elected by the Princes 9 An English Historian makes an observation herereupon which may much import all Princes One thing saith he vexed all the Princes and Prelats weighing the future dangers by the foresight of their understanding that was that however Frederick had sufficiently deserved to be deposed and deprived of all honour yet if the Popes authority by Gods permission deposed him so as he could not relieve himselfe the Church of Rome abusing the grace of God would grow hereafter to such an intolerable height and pride that she would depose Catholique Princes though just and innocent yea and Prelats also upon sleight occasionsâ— or would cause them to be deposed and disgraced and speaking haughtily and boasting themselves however descended from low degree they would say Wee have trode under foot the great Emperour Frederick and who art thou that thinkest to withstand us 10 The Pope having excommunicated King Iohn of England and put his Kingdome in an interdict compelled him to become a vassale and tributary to the See of Rome Whereupon Philip Augustus King of France gave him to understand that it was an unjust thing and more than he could doe wherein he was seconded by the great Lords of France as we have said in the beginning of the first Booke 11 In the reigne of S. Lewis ann 1247 what time as it is probable hee was gone in the Holy warres the Nobles of France finding themselves vexed and troubled by Pope Innocent the 4 made a League and set forth a declaration against him where they say amongst other things That the Clergy pointing at the Pope swallow up and frustratâ— the jurisdiction of Secular Princes so as by their lawes the children of slaves passe judgement upon free men and their children Whereas by the Secular lawes of our Kings and Princes they ought rather to be judged by us 12 The yeere 1244 the Prince of Northwales being a vassaile of the King of England put himselfe and his Princedome into the protection of the same Innocent who received him by the mediation of a certaine summe of money promising him to shake off his royall yoke Thâ—se things saith an English Monke being come to the knowledge of the King the Lords of the Land and other Princes aliens they were much displeased at him and abhorring the covetousnesse of Rome they perswaded the King of England to put it to a battell to curbe the upstart insolence of such an ungratefull person The same Pope Innocent the 4 after the death of Câ—â—rade King of Sicily and Apulia seized almost all the Kingdome into his hand and entred upon it with an army Which the chiefe of the Countrey perceiving saith the same authour they were vexed at it and setting upon Memfred bastard son to the Emperour Frederick they adhered unto him and did him hâ—mâ—ge 13 Philip the Faire being excommunicated by Boniface who pretended to be Lord Regent of France was so borne out by his subjects that when hee demanded their adviceâ— how he should demeane himself and whether he should put up that wrong they made answere uâ—to him commending his good intention That they were ready not onely to spend their goods which they there wholly offerd unto him for that end but also to expose their persons even to death for him not refusing any torments Adding further and that more plainely by word of mouth That if the King which God forbid would suffer it or connive at it yet for their parts they would never endure it Which and such like words as may bee read in some other passages
of that Epistle are no signes of disobedience but testimonies of ardour and affection to the service of Princes which hath often made their subjects speak in this straine 14 This reply was made by the nobility and the three Estates as is testified by the Clergy in their letters to the Pope upon that subject which Clergy sided also with their Prince as it appears by those same letters yet with more caution by reason of the great reverence which they bore to his Holynesse Mr. Iohn Tillet Bishop of Paris speaking of this fact in his French Chronicle The impudence of this man saith hee of Boniface was wonderfull who durst affirme that the Realme of France was a benefice of the Papall majesty But I thinke â—hem the greater fooles who dispute the point Whether the Pope hath this power or no he put our France under an interdict for the time but the Bishops tooke the Kings part Marsilius of Padua speaketh of it in this manner Experience the mistris of all things hath showne as much it is not long agoe when Pope Boniface the 8 dared to excommunicate Philip the Faire of happy memory Catholique King of France and put his Kingdome under an interdict together with such of the Clergy as adhered unto him The King on the other side complaining of a certaine ordinance publikely set forth by the said Boniface by the advice of his Cardinals which begun Vnam sanctam containing amongst other things yea by way of conclusion peremptorily determining that all Princes of the world all Commonwealths and Secular persons are subject to the coactive jurisdiction of the Pope of Rome albeit the same Boniface had resolved at the same time to band himselfe particularly against the said Prince and to stirre up against him his subjects and adherents and other Christian Princes and people if death had not hindred him as the eternall truth and the memory of divers yet alive can testifie 15 Ludovicus Bavarus was deprived of the Empire by Pope Iohn the 22 because he had taken upon him the name and title of Emperour and demeaned himselfe as such before hee was approved by the See Apostolique But an Emperiall decree was made thereupon containing That Pope Iohns proceedings were null and that thâ— Pope could not attempt such things against the Emperour considering their jurâ—sdictions are distinct So the German Historian But you must know that there were two Decrees made thereupon by the states of the Empire by the one it is enacted That the imperiall dignity is immediatly from God alone and that he ought to be accounted and called King and Emperour of the Romans meerly for his election that he ought to be obeyed by the subjects of the Empire that he hath full power to exercise all Imperiall rights and doe all other things which belong to a true Emperour and that he needs not the approbation confirmation authority or consent of the Pope the See Apostolique or any other whatsoever The other whereby the processe of Iohn the 22 against Lewes the 5 called of Bavaria is cassed and nullified whereof wee have spoken elsewhere setting downe the very same words 16 This opinion was maintained at that time by divers great Prelats and learned men in the Court of Rome Albericus de Rosate being then present who witnesseth as much in these words I hold saith he thâ—t this opinionâ— That the Emperour hath his power from God is more true by right then by the authority of Innocent and others And there was a great controversie concerning this in the time of Iohn the 22 and his successor Benedict betwixt them and Ludovicus Bavarus Emperour elect my selfe being at that time in the Court of Rome But I heard then that some great Prelates and some learned Lay men in both the lawes inclined to that opinion as the truer 17 The same Authour saith in his Dictionary That the Pastours of the Church thrusting their sickle into an other mans harvest made three Decretals concerning that particular One about the election of the Emperour another about the deposall of the Emperour Frederick a third about the dissention and sentence of treason given by the Emperour Henry There is yet another about the oath of alleageance which the Emperour is bound to swear to the Pope and some other power of the Pope above the Emperour Which Decretals God knowes whether they be just or not for my part I thinke none of them are according to law with submission to better advice and under correction if I thinke amisse nay I beleeve they were made against the liberties and rights of the Empire and I hold that the powers are distinct and that they proceed from God 18 Peter de Ferrariis an Italian Lawyer who lived about 1400 speaking of the abuse of excommunication exclaimes thus O poor Emperours and Secular Princes which endure this and other things of this nature and inslave your selves to the Church You see they usurpe upon the world infinite wayes and you never think of any redres In another place questioning whether the Canon law ought to be observed in case of prescriptions after hee had determined for the negative he addes The Emperours doe ill yea very ill to suffer them to have a meere and mixt Empire seeing God said to Peter Put up thy sword into his place thereby expresly forbidding him to meddle in these matters whereto Peter obeyed as Cynus saith in the Authentique Clericus C. de Episcopis Clericis and considering that this concernes the purchasing of Lay mens goods the Pope cannot determine any thing about it for so hee should put his sickle into anothers harvest contrary to the chapter Novit and other such like and the Glosse upon that Extra de Iudie let the Canon law then bee observed amongst the Clergy who carry their conscience in their hoods and loose it when they leave them 19 In another place hee enlargeth himselfe more fully upon this subject commenting upon those words Plenam omnimodam Iurisdictionem The covetousnesse of men saith he is so much inhaunced that they endeavour with all their might to climbe up to jurisdictions honours donations and if it were possible to the thrones of Heaven But they never consider what Tully the Father of eloquence said in his Offices wee ought to take heed of the desire of glory This appetite and desire is so much inlarged that not Layiques only but even great Prelates and Clerks are wholly infected with this vice and malady For you see how the Pope himselfe who should like a true Vicar follow the steps of IESUS CHRIST bestirreth himselfe to seize upon and by force of armes to keepe the jurisdiction of Countries Cities Villages and other places which naturally and ever since the creation of the world and by Christs owne ordinance belong to the Roman Empire according to that Give unto God the things which are Gods and unto Cesar the things which are Cesars Yea
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
who hath said to a King Apostate and made an Hypocrite to reigne for the sinnes of the world teach the people that they owe no obedience to bad Kings no alleageance though they have taken an oath to performe it that those who take part against their King cannot be called perjured but rather he that will obey the King must be accounted excommunicate but hee that will be against him absolved from injustice and perjury 28 Hee that writ the Booke De unitate Ecelesiae observanda in the time of the same Henry the 4 which is supposed to be Venericus Vercellensis refuting the motives and reasons of Gregory the 7 saith As for that which he addes it seemes wondrous strange that any religious Bishop of Rome should undertake to absove any man from his oath of allegeance Not long after hee addes See how the Catholique Church defendeth every thing which is not reproveable and therefore shee defendeth both Zachary and Stephen Popes of Rome for the merit of their religion and piety none of which as we very well know absolved the French from their oath of allegeance which they had sworne to their King as Pope Hildebrand giveth out in writing that so by this president hee may cozen the Peeres of the Realme as if he could absolve them from their oath of allegeance which they have sworne unto their King in the Name of God intending by that meanes to depose him and strip him of his Kingdome Which being divers times attempted within these fourteen yeeres last past and above did never yet take effect for all that 29 Afterwards he relates the story of Pepins coronation and there concludes Marke now the order how things were carried and observe if any of the Popes of Rome ever deposed the King of France out of his Realme as Pope Hildebrand writes and absolved the French from the oath of allegeance which they had taken unto him which oath as hath beene formerly proved by the testimonies of holy Scripture no man can dissolve without making the party absolved a lyer and perjured and damning of the absolver 30 The Clergy of Leige in their Apology against Pope Paschal the second speaking of the absolution of the oath of allegeance which he had granted against the same Henry the 4 Who can justly blame a Bishop for favouring his Lords party to whom hee oweth allegeance and hath promised it by oath No man doubts but perjury is a grievous offence God only sweareth and repenteth not because wisedome keeps the Commandements of Gods oath But for us who often repent that wee have sworne wee are â—orbidden to sweare If man sweare God injoynes him to performe his oath unto the Lord. Which is not unknowne to those that rend the Kingdome and the Priesthood by a new schisme and with their upstart traditions as some would have it promise to absolve from all sinne such as incurre the crime of perjurie towards their King Never regarding what God said to Zedekias by the mouth of Ezekiel who had committed perjury against his King Nebuchadonosor Hee that hath broken the Covenant shall hee escape Which St. Ierom expoundeth thus Hence wee may learne that we ought to keepe touch even with our enemies and not consider to whom but by whom we have sworne 31 Gregory of Heymburg in a tract of his With what conscience saith hee dare any Priest even the Pope himselfe undertake to absolve the Liege subjects of the Empire from their oath of allegeance and obedience to which Christ and his Apostles doe binde every one especially so long as the piety of faith is preserved entire And if the Pope may dispence by his oligarchicall law yet hee cannot so by the divine law without imputation of errour 32 Marsilius of Padua in his Treatise Of the translation of the Empire speaking of Gregory the 13 who made all Apulia Italy and Spaine revolt from their obedience to the Emperour Leo and made them deny to pay him tributes and subsidies by reason of a controversie about Images which was then betwixt them saith thus For this reason the said Gregory undertooke to excommunicate the said Leo and perswaded all Apulia Italy and Spaine to withdraw themselves from his obedience and as much as in him lay put it in execution howbeit without any great right Hee also in solemne manner forbade him to receive any subsidies By what authority I know not but I wot well by what temerity 33 Divers Doctours and learned men both in divinity and in either law have in their writings in sundry ages opposed this usurpation of Rome and proved by sound reasons that the Pope hath no temporall sword that it is in the power of Princes and other Magistrates that hee hath no Secular power or jurisdiction over Kings and Princes nor over their Empires and Kingdomes which depend upon God not upon him that consequently hee cannot take them from them to bestow them upon another nor absolve their subjects from the oath of allegeance These witnesses have withstood the Pope as stoutly by their pens at Kings and Emperours by their swords yea so farre forth that their armour had beene but very weake if they had not beene tempered in these writings as some Historians doe assure us And thence it is that the Popes many times have darted out their thunder-bolts against them and their works Which our Councell of Trent hath used to doe and which our Popes doe put in execution daily according to the commission granted them by iâ— stuffing their Index Expurgatorius with their names I should bee troublesome if I should here quote their aâ—thorities and much more if I should set downe their reasons I will content my selfe with citing some few in the margent besides those whom I have already alledged to whom any man may have recourse CHAP. XIII The conclusion of all that went before 1 NOw to make an end of this Treatise wee will here set downe the antithesis of Gregory Haymburg which suits very well with the former discourse 1 CHRIST rejected the Kingdome of this world His Vicar canvaseth for it 2 CHRIST refused a Kingdome when it was offered him His Vicar will needs have one which is denied him 3 CHRIST refused to bee made a Secular Iudge His Vicar takes upon him to judge the Emperour 4 CHRIST submitted himselfe to the Emperours deputy His Vicar preferres himselfe before the Emperour himselfe yea before all the world 5 CHRIST reproved those who desired primacy His Vicar wrangles for it against all the Church 6 CHRIST upon Palmesunday was mounted upon an Asse His Vicar is not content with a stately Cavalierie unlesse the Emperour hold his right stirrop 7 CHRIST united the disagreeing Iewes and all other Nations in one Ecclesiasticall Kingdome His Vicar hath oftentimeâ— raised seditions amongst the Germans when they were at unity 8 CHRIST though innocent endured injuries patiently His Vicar though nocent ceaseth not to doe injuries to the
Church and Empire 2 Nicholas de Clemangiis after hee hath discoursed of all the vices of the Popedome and those of the rest of the Clergy which he deriveth like petty rivulets from that great fountaineâ— applies in fine the ancient Prophecies to the See of Rome and bespeaks her thus Rowze up thy selfe now at last from thy too long slumber O happy sister of the Synagogue awake one day moderate thy drunkennesse that I may so say wherin thou hast sleeped too long see read and understand this prophet and the rest if yet thy drunkennesse have not quite bereft thee of all sense and understanding if there bee yet any sparke of sound judgement remaining in thee search the words of the Prophets and thence consider thine estate and thy confusion which sleepeth not but is neere at hand Thou shalt see what ends are prepared for thee and how that now is the time that thou crouchest under these villanies with danger but if thou wilt not heare the Prophets nor beleeve that they spoke of thee when they denounced so many miseries thou cheatest and deceivest thy self by a too dangerour errour for it is of thee they spoke and thou may perceive if thou hast not lost all sense that all those curses which are denounced shall fall upon thee But suppose their prophecies aime at another thing what thinkest thou of that Prophecie in the Revelation of St. Iohn dost thou not thinke at least that it concernes thee in some sort Thou hast not so lost thy shame with thy sence that thou wilt deny it Observe it then and read the condemnation of the great whore which sitteth upon many waters there behold thy fine pranks and thy future miseries Besides when thou observest how all Empires and Kingdomes how great large and potent soever they are have beene brought to nought by their pride and injustice when thou seest them turned upside downe and overthrowne and how on the other side thou hast so far abandoned thy humility which was thy foundation and lifted up thy horne so high how canst thou imagine that the foundation of humility being taken up and razed such a great weight of pride as thou hast built thereupon should not fall to the ground It is a long time since thy pride not able to withhold her selfe hath begun to fall downe but slowly and by little and little and therefore the downfall was not perceived by many but now it beginnes to fall headlong and like a torrent 3 Marsilius of Padua after hee hath represented all the Popish usurpations and the indirect meanes which they used at last resembleth the Court of Rome to the Image in Daniel which passage wee will here insert as fitting well with the whole tract concerning the reformation of the Head As for mee which have seene it saith hee speaking of the Court of Rome and who have beene there mee thinks I saw the terrible Image which Daniel tels that Nabuchadonosor saw in a dreame having the head of gold the armes and breast of silver the belly and thighes of brasse the legs of iron the feet halfe of iron halfe of clay for what is that great Image else but the state of the people of the Court of Rome or of the great Bishop who was anciently terrible to wicked men but is now horrible to bee beholden by all good men For the higher members of that Statue to wit the Head the breast and the armes what are they else to the eye to the desireâ— and to the embrace but gold and silver and the worke of mens hands the belly and thighes what are they but the noise and din of pleadings and processes for the goods of this world but calumnies and Simoniacall contracts as well of spirituall things as carnall the thighes of brasse what are they but the pompous preparations of pleasures of luxury and all kinde of vanities even such as are not fitting for Lay men which even they do stamp upon the minds of men who should be patterns of chastity and honesty The legs feet and toes of iron upon which the Image stands and which are partly of earth and clay what doe they import but the usurpation invasion and seazing upon Secular Dominions Provinces and Kingdomes by the violent power of armed men and overlaid with iron upon which they beare their superiour members the furnishing with gold and silver which invites the men of warre hereunto the belly also and the thighes of brasse by a promise which is often made both lowd and large by a cheating absolution of their sins and punishments and by an unjust condemnation and curse however harmelesse by â—eason of Gods protection of such as stand in defence of their owne liberty and will preserve the loyalty which they owe unto their Princes The basis of the feet and the toes of earth and clay which may therefore be brokenâ— what doe they denote but the inconstancy of the Court of Rome what doe they signifie but the open weaknes that I say not the falsenes and unjustnesse of those causes and occasions which the Pope takes to oppresse the faithfull people of Christ But according to the testimony of the same Prophet there must a stone fall upon this Image rent from the mountaine without hands that is a King whom God will raise up having chosen him by his grace from amongst all people giving unto him the power and Kingdome which shall not be transferred upon an other hee I say more by the strength and grace of God than by the worke and power of the hands of men shall first breake in pieces that piece of clay the feet upon which it unjustly stands making the false and unjust pretences or to speake more truely with the Poet those bald occasions appear unto all Princes people discovering their Sophistry refuting them by humane demonstrations and disanulling them by the truth of the holy Scripture And afterwards repelling the iron that is the barbarous and impious dominion and then the brasse that is the authority of reviling against Prince and people which it challengeth hee shall cause the tumults of Secular usurped jurisdictions and by consequence of processes and vexations to be husht hee shall cause the luxury of voluptuousnesse and the pomps of vanity to cease hee shall moderate the gold and silver that is the avarice and rapine of the Pope and those higher members of the Court of Rome and shall allow him the use of temporall things with due moderation 4 A certaine Chronicler writ a pretty while agoe that this King should come of the house of France and the race of Charlemaigne according to that which was prophecied of him Some say saith he that there is another common prophecy that some of the Carolingians that is of the race of King Charles and bloud royall shall have an Emperour of France by name Charles who shall bee Prince and Monarch over Europe and shall reforme the Church and
observed and practised which plainly proves our exposition to be true 18 Our Lawyers tell us that when there is any controversie about the sense and meaning of a law speciall regard ought to be had of that sense which practice hath put upon it Let us observe this rule in the exposition of our Canon The question is Whether the Pope ought to call Councels or no we finde by practice that the Popes did not call them but the Emperours and that they did so constantly the Popes seeing and knowing as much that they themselves have beene petitioners to the Emperours to get them called that they have appeared at the Councels upon command from them therefore we may well conclude they have no right at all by this Canon to call Councels 19 We will adde furthermore that the Popes never complained of the Emperours for taking upon them that power of Convocation which doubtlesse they would have done if it had belonged to them of right for they have alwayes observed that rule to a haire De vigilantibus non dorâ—ientibus So as to say the truth no man can accuse them of negligence in preserving St. Peters patrimony which they have husbanded so well that their successors for the future need make no scruple of receiving it without an inventary 20 We say moreover that it is but a little while agoe since they usurped this authoritie for we doe not finde that ever they used it till the yeare 1123â— what time the first Councell of Lateran was holden Calixt the second being Pope and Henry the fifth Emperour Platina saith that Pope held a Councell of nine hundred Bishops to consult about the sending of succours into the holy Land Howsoever we must observe that this usurpation which they continued from thence forwards was not without all interruption for the Emperors alwayes kept a hanke of their right though it was but extrema quasi lacinia They called divers Councels after that time as that of Pavy which was assembled by the Emperour Fredericke the first to determine the schisme betweene Victor and Alexander the third about the yeare 1163 or 64 but it is not amisse to heare what language he useth in his letters of Convocation 21 And for the prescribing of a remedy pleasing to God and proper for this disease we have resolved upon the advice of certaine godly and religious men to hold a generall Councellâ— which we appoint to be at Pavie The author that relates these letters speakes thus of them The Emperour supposing that the authority of calling a Councell appertained unto him after the example of Iustinian Theodosius and Charles and that the controversie could not be determined by any lawfull judgement unlesse both parties were summâ—ned thereunto sent Bishops both to the one and the other to summon them The same Emperour useth the same termes in his speech made at the opening of the Councell He was also the man that called the Councell of Dijon about 1165. It is true that Pope Alexander the third would not be seene there Because saith Platina he did not call it himselfe But he raised that quarrell too soone considering that his right was not yet well caulked 22 So likewise the Councels of Pisa and Constance were called by the Emperours Now if the possession was afterwards lost by the negligence of the Emperours yet this is sufficient to bring a writ of Right and make an entry for which triall the Emperours are better furnished of evidence than the Popes and besides they who should breathe nought but justice and honestie will voluntarily surrender unto Cesâ—r what of right belongs unto him 23 What we here speake is concerning Generall Councels for as for Provinciall we deny not but the Popes have hâ—d authoritie to call them within the bounds of their owne territories as have also other Patriarchs and Metropolitans And yet those bounds are but very narrow for wee doe not finde that they were extended over all the West and what Balsamon saith that the Bishop of Rome is the president of the Westerne provinces must be restrained unto Italy And for matter of fact the Pope was neither seene nor heard in person nor by proxie at the Councell of Cullen which consisted of the French and German Bishops and was assembled by the authoritie of the Emperour Charles the third Anno Dom. 887. 24 Nor was hee at that of Aquileia called by the Emperours Valentinian and Theodosius consisting of the Bishops of France Africke and other Provinces at which Saint Ambrose Bishop of Milan was present 25 The like may be said of such as have beene holden in France Spaine and other Kingdomes or Provinces of the West the calling whereof bâ—longed either to the Primates and Metropolitanes or to the Kings and Princes 26 So Maximus Patriarch of Ierusalem assembled the Bishops of Syria and Palestine to receive Athanasius into the communion of the Church and restore him to his former dignitie So Athanasius himselfe after hee was called home out of exile by Iovinian the Emperour assembled a Councell of Bishops But it would be tedious to heare all the examples which are extant about this subject As for the calling by Kings and Princes we shall speake of that anon 27 For the present we must answer an absurditie which Bellarmine presseth that in these dayes it would be impossible for any one to call a Generall Councell but the Pope for as for the Emperour to whom wee said it of right belongeth he cannot doe it saith he because he hath no authoritie over Kings and Princes but on the other side the Pope hath over all Christendome Bellarmine is deceived for the Pope in that respect hath scarce any more authoritie at this day than the Emperour Let him cast up his count of those Kingdomes and Provinces which have withdrawne their obedience from him and he will finde that he hath misreckoned himselfe All that Bellarmine can infer is this that we must talke no morâ— of Generall Councels in these dayes seeing there is no man to call them with convenience and authoritie Wee answer that he that should now undertake of his owne absolute power to call any should much deceive himselfe even the Pope not excepted But that every one out of courtesie would be willing to hearken unto it There is not a Prince in Christendome but yeelds the first degree of honour to the Emperour and would take in good part any gentle and kinde summons which should come from him for the holding of a Councell The Emperour Fredâ—ricke the first found a way to assemble that of Pavy whereunto he summoned the Archbishops Bishops Abbats and other Ecclesiasticall persons as well in all his Empire as in other kingdomes to wit of England France Hungary Denmarke And it is probable that when he made this convocation he writ of it in particular to those Christian Princes which were no subjects to the Empire
for the Acts of the Councell say in expresse termes That the Kings of England Hungary Bohemia and Denmarke consented thereunto So likewise the Emperour Sigismund called that of Constance the Emperour Maximilian that of Pisa. 27 Although the Popes Primacy be not acknowledged by the Greâ—k church yet he assembled the Councell of Ferrara where were present the Emperour of Greece the Patriarch of Constantinople and a great number of Greek Bishops Let us never then make it a matter impossible it is fesable enough if we give our mindes to it When the Pope called the Councell of Trentâ— he communicated it first and formost with Christian Princes and required their advice about it Having asked the advice saith Paul the third in his Bull of Convocation and sounded the mindes of Christian Princes whose consent in the first place we thought usefull and convenient and finding them not averse from this our designe we have thereupou denounced the Councell So King Charles the ninth became a suitor to the Pope and Princes of Christendome for the renewall of that Councell for mark how he speakes of it in his letters directed to the Prelates of France to cause them goe thither Although the present troubles of the Church have moved as to desire and procure by all meanes possible the holding of a Generall and Oecumenicall Councell and that our holy father the Pope the Emperour and other Christian Kings and Princes by their severall answers made upon our instant request and suit unto them thereabout doe make a faire show of being willing to hearken thereunto c. 28 He did no more in this but imitate the patterne of other Kings his predecessors Charles the sixt to make up the schisme betwixt Pope Boniface and Pope Bennet sent his Ambassadours to the Emperour the Kings of England Bohemia and Hungary to entreat them to have a regard to what concerned the publique good and quiet The same King went so farre that he perswaded Wenceslaus the Emperour to come to Rhemes where there was a Generall Councell holden upon that occasion where the Ambassadours of the King of England and divers other nations were present CHAP. VII That the authority of calling Councels belongs also to Kings and Princes 1 THese examples invite us to looke a little further into France and speake more fully concerning this point of calling Councels And the rather because both our Kings and all other Princes of Christendome are deprived of this royal prerogative by the Councel of Trent and that in such sort that the Pope thereby enhanseth his owne greatnesse to whom all such Councels are bound to swear obedience and not to depend upon any but upon him The Decree runnes thus Provinciall Councels if they have beene any where disused let them for reformation of manners correction of abuses composing of Controversies and such other ends as are allowed by holy Canons be brought up againe Wherefore let the Metropolitans themselves or if there bee any lawfull impediment why they cannot the senior Bishopâ— within a yeare at the furthest after the end of this present Councell and after that once every three yeers at least after the octaves of the resurrection of our Lord Iesus Christ or at some other more convenient time according to the custome of the Countrey not faile to call a Synod in their severall Provinces 2 And in anothâ—r Session there is a strict injunction laid upon them That at the first Provinciall Synod which shall bee holden after the end of this present Councell they publiquely receive all and singular such things as have beene determined and ordained by this holy Synod and withall promise and professe true obedience to the Bishop of Rome It remaines that wee prove this right of calling Councels to belong to our Kings within their owne Kingdome In the collection of the liberties of the Gallicane Church there is this Article The most Christian Kings have alwayes as occasion and the necessities of their Countrey required assembled or caused to assemble Synods or Councels Provinciall and Nationall Who among other things concerning the preservation of their State have also treated of such matters as concerned the order and Ecclesiasticall discipline of their Countrey touching which they have caused rules Chapters lawes ordinances and Pragmaticall Sanctions to be made and set out under their name and by their authority Wee read another Article of this straine in the third Chapter of the Remonstrance made by the Parliament of Paris to Lewes the eleventh 3 Nor is there ought in all this but is well backed by such examples and authorities as shall bee proâ—uced We begin then with Clovis our first Christian King by whose command the first Councell at Orleans was assembled about the yeer 506. So say the Bishops that met there in the letters which they sent unto him To their Lord the most illustrious King Clovis the sonne of the Catholique Church All the Clergy whom you commanded to come unto the Councell So likewise the second Councel of Orleans was holden in the yeer 533. by command from King Childebert which is mentioned in the subscription of the Bishop of Bruges and it is said in the Preface Wee are here assembled in the citie of Orleans by the command of our most illustrious Kings The fifth of Orleans was called by King Cherebert the yeer 549. Wherefore the most mild and invincible Prince Cherebert having assembled the Clergy in the citie of Orleans c. The second of Paris was called by King Childebert ann 558. Being met in the citie of Paris they are the words of the fathers of it by the command of our most illustrious King Childebert The first of Mascon by King Guntrand in the yeer 576. Wee being assembled in the towne of Mascon by the command of our most illustrious King Guntrand 4 The second of Valencia was called by him also in the yeer 588 and it hath the same Preface He called also the 2 of Mascon the same yeer 588 and afterwards by his Edict confirmed the Decrees thereof as made by his commandement Wherefore saith hee wee will and command that whatsoever is contained in this our Edict bee for ever observed and kept forasmuch as wee have taken paines to cause it to bee so determined at the holy Synod of Mascon That of Cavallon in Provence or as others fancie of Châ—alons upon the Saon was holden in the yâ—er 658 By the call and appointment of the Illustrious King Clovis The Synod which was held in France ann 742 was called by Câ—â—loman as hee himselfe witnesseth in the Preface thereunto I Carloman Duke and Prince of the French with the advice of the servants of God and the chiefe Lords of the Land have assembled in a Councell all the Bishops of my Kingdome together with the Priests in the 742 yeere of Christs incarnation 5 In the time of King Childeric Pepin who then ruled all the rost called a Councell
furnish us also with varietie of examples and show us this right annexed to the Crowne of their Kings to use it when they please In the yeare 905 King Edward the elder together with Plegmond Archbishop of Canterbury called a famous Councell of Bishops Abbats and other persons In the yeare 1070 saith an English Monke there was a great Councell holden at Silchester upon the Octaves of Easter by the command and in the presence of King William the Pope consenting thereunto and contributing his authority by his Legates In the yeare 1301 Edward the first called a Councell at Lincolne Sometimes the Kings let either the Archbishops of Canterbury call them or some other of the Clergie who proceeded thereunto onely so farre as they had their leave and consent So Anselme Archbishop of Canterbury under Henry the first by his will and pleasure called a Councell at London in the yeare 1102. Pope Alexander the third saith another English historian assisted by the favour of the Princes he means the Kings of England and France held a Generall Councell at Tours in the year of grace 1163. King Henry the second of England having quieted the state of Ireland caused divers abuses not sufficiently purged out of the Church to bee reformed and corrected according to the doctrine of Christianitie and by a Councell by his meanes holden at Casselles The same King caused a Councell consisting of Bishops and other Princes to bee called at Northampton King Henry made all his adversaries bee pronounced enemies of their Country by a Councell which he caused to be holden at Winchester which others call Silchester Hee that will be curious to enquire into their histories may finde divers other presidents and yet it may be said that this Kingdome of all others hath beene most subject to the papall power 20 As for Spaine the Acts of almost all those Councels which wee have in the great collection of them doe plainely shew us that the Kings had the whole stroke in this matter For the Preface of the first which was holden at Braque in the yeer 572 runnes thus Whereas the Bishops of Gallicia were met together in the Metropolitan Church of the Province by the command of the most Illustrious King Aramirus And a litle below Now then seeing our most glorious and most devout sonne hath by virtue of his command royall granted unto us this day so much desired of our Congregation for us to assemble our selves all together let us in the first place treat of the state of the Catholique faith In the yeere 573 there was another Councell holden in the same place By the command of the same King In some copies Miriclias is named in stead of Ariamirus but that imports not the point in hand The third Councell of Toledo where the Arrian heresie was condemned ann 589 was called by King Recharedus as is set downe in expresse termes both in the Acts thereof and by divers Historians The fourth of Toledo was called by the command of King Sismand The fifth and sixth by King Suintilla for besides that it may be proved out of the Acts of them there is a Prebend of Barcelona which affirmes it downright This King saith he called the fifth and sixth Synod in the citie of Toledo The seventh of Toledo was called by King Sindasund The eighth ninth and tenth by King Risisund After he was received into the Kingdome saith the same Prebend of Barcelona hee commanded three severall Councels to bee held in the Citie of Toledo under Arch-bishop Eugenius But we have no need of his testimony for the Acts themselves plainely say as much of those Councels at least of two of them The eleventh of Toledo was commanded by King Bamba in the yeer 674. The Acts doe obscurely intimate so but Tarafa clears it Bamba saith hee after his victory over Paul and the Gauls returned to Toledo where hee commanded the celebration of the eleventh Councell So likewise the third of Braque was called by him the same yeere as we have it set downe in the end of the Acts. The twelfth thirteenth and fourteenth of Toledo were called by the command of King Eringius The Acts of the first testifie as much directly those of the second intimate so and for those of the third wee have them not but the same Prebend of Barcelona relates it in this manner This Eringius in the second yeere of his reigne caused the twelfth Councell of Toledo to be holden which consisted of thirty six Bishops in his fourth yeere he made the thirteenth be holden consisting of fourty eight Bishops and the foureteenth in his fifth yeer wherein were twelve Bishops all three under Iulian Archbishop of Toledo The other foure following Councels of Toledo King Egytas assembled the Acts of two wherof were carried to Rome to help to correct Gratians Decret's by as is mentioned in a note put at the end of the Acts of the thirteenth of Toledo but waiting till they bee put out in print we shall content our selves for the present with what is delivered concerning this point by the forementioned Canon of Barcelona King Egyta saith hee in the first yeere of his reigne which was the yeere of our Lord 693 caused the fifteenth Councell to bee celebrated under Iulian Archbishop of Toledo consisting of sixty one Bishops the sixteenth Councell in his third yeere and the seventeenth in his fourth under Philip Archbishop of the same Church Wee shall observe by the way that these Councels of Spaine consisted partly of the Bishops of Languedoc a Province of Franceâ— for there are named in the subscriptions of some of them the Bishops of Carcasson Narbo Beziers Lodeuâ— Agde Maguelone who is now Bishop of Montpelier Nismes and others in the same Province and this because the greater part of it was then under the dominion of the Gothes who held it together with Spaine wherfore it is sometimes by our French Historians called Gothia Gottica Provincia and Gothica regio CHAP. VIII That it belongs to the Emperour and Kings to appoint the time and place when and where Councels shall bee held and not to the Pope 1 HAving proved already that the calling of Councels belongs unto the Emperour and Kings and not unto the Pope it follows then that it is for them also to appoint the time and place Yet notwithstanding we will further confirme it by some examples It is storied by Sozomen that Constantine the Emperour resolved to hold a Councell at Nice upon occasion of the new doctrines of Antiochus and the heresie of Aetius and how by the perswasion of Basil hee changed his purpose and would have removed it to Nicomedia but by reason thâ—t citie was ruined by an earthquake by the advice of the same Basil hee made choice of Nice againe and how when there happened another earthquake there too hee resolved upon the perswasion of
Councels to appease the quarrels and controversies amongst them The Councell of Basil saith it was assembled For the extirpation of errours and heresies for the reformation of manners in the head and members and for the pacification of Kings and Kingdomes and all other Christians Now it was evident that during the time of the celebration of this Councell all Christendome was up in armes the Popes were observed to make commotions to kindle warres and sound an alarum I say not against those that were departed from his obedience but even against Catholique Princes Henry the second King of France may serve for instance And when the Pope pleased agreements were made All this while our Councell never said a word to it but like a snaile drew in its hornes and among all these tempests remained close shut up in its shell not daring shew it selfe in such daintie affaires letting all things passe as if it had no interest in them as if it had beene the bloud of Barbarians which was shed and not of the members of Christ. When there arose a controversie in the Councell betwixt the Ambassadours of France and Spaine about precedencie our Councell continuing in its accustomed silence suffered the Pope to interpose in it and to negotiate the accord after he had fomented the quarrell In briefe wee may fitly say this Councell was nothing but a white wall upon which the Pope might write what he list that it moved onely by him that it was a Pope Councell that is a Councel in name but a Pope in deed 30 As for the authoritie which we say the Pope tooke upon him over the Councell it appeares in that commandement which came from him for censing the Ambassadours of the two Kings both at once which was an occasion of dissention witnesse Onuphrius who saith There was a great controversie by reason that by command from the Pope the Ambassadours of the two Princes were both censed at once 31 But loe here that which outgoes all the rest I namely that Pius the 4 ordained by a Bull of his That if the Pope happened to dye during the time of the celebration of a Councell the election of a new Pope shall belong to the Cardinals onely and not to the Councell Which Bull saith the same Onuphrius was confirmed and approved by all the Fathers of this Councell Besides if they had not done so in expresse termes the generall Decree would have beene sufficient for itâ— whereby they have authorized all the Popes Canons and Decrees and besides have in expresse words advanced the Pope above the Councell in all things and to all effects and purposes Now the Pope having made this Decree during the time the Councell sate and the Councell having admitted of it wee may well conclude that it hath resigned its power to the Pope and hath advanced him above it selfe 32 Now that the Election of the Pope belongs to the Councell is cleare by that of Constance in the fourteenth Session The holy Generall Councell of Constance ordaineth that the next election of a Pope of Rome shall bee performed in such manner forme place and time as shall bee appointed by the sacred Synod and that the said Councell may for the future qualifie receive and depute such persons as it shall thinke good of what estate and condition soever to make such election active and passive This Decree was after confirmed by the Councell of Basil in the 37 Session The holy Synod ordaines that if the See Apostolique happen to be void while this holy Generall Councell sits the election of the Pope shall be in this place forbidding it to be done in any other 33 It is true the Councell of Constance gives the Cardinals leave to proceed to the election but that was alwayes with authoritie from the Councell So saith the Abbat of Panormo in expresse termes To avoid dissention it was obtained of the Councell of Constance that the said Councell should for that time transferre their right upon the Colledge of Cardinals The same Councell of Constance speakes thus of it in the fortie fifth Sessionâ— The holy Generall Councell of Constance in execution of their Ordinance Decree and Constitution touching the forme of electing the Pope of Rome for this turne to proceed to the said election hath joyned to the right Reverend Cardinals with their expresse will and consent the Reverend Patriarchs of Constantinople c There are thirtie there nominated to proceed to the said election with the Cardinals Which was done at that time with their consent to avoid trouble by reason of their great power And that this was the reason doth plainly appeare by that which was done afterwards in the like case at the Councell of Basil which gave the Cardinals no such power but made choice of other persons to proceed to the same election without their consent For see what they say of it in the thirtie seventh Session The said Coâ—ncell doth ordaine and deâ—lare that the election of a Pope shall for this turne be executed and performed by this Sacred Councell of Basil or at least by its authority according to the forme already set downe Now the forme was this that the Cardinals which are or shall be may assist accidentally at the said election with two and thirtie other Ecclesiastiques of all Orders alwaies provided that they be Subdeacons at least Not by their owne proper authoritie but by that of the Councell as it is said in these words That they have free power to chuse a Pope by the authority of this Councell 34 Besides it was not quesâ—ion'd in the Councell there Whether the power of chusing a Pope belonged to the Councell during the time of its celebration but onely whether the Councell could depose the Pope as wee finde it in the Acts of that Councell collected by AEneas Sylvius afterwards called Pope Pius the second which teacheth us further that the consent of the Cardinals was no way necessary but onely granted to them in a complement The Fathers thought it requisite saith he to take the election of a Pope into consideration â—â—d the chiefe of them having consulted about the manner of proceeding it was proposed and at last agreed upon in full assmbly that two and thirty Fathers who had taken the Orders of Deacon should be selected out of the body of the Councel who having first taken their oaths should enter into the Conclave with the Cardinall of Arles to chuse the Pope This being thus determined by these two Councels it is needlesse to urge the authority of Doctors and Devines as of Iames Almain in his lecture De potestate Ecclesiastica Mr. Iohn Gerson Chancelour of the Vniversitie of Paris in his tract De potestate Ecclesiae and his other De substractione Papae erga Ecclesiam and others which hold in terminis that during the celebration of a Councell it belongs to it and not to the Cardinals to proceed to the election
shall confirme all the things aforesaid and shall approve them in authentique forme and sâ—all make an absolute promise of them anew yea and that in manner of a contract c. There are yet some other clauses to restraine him further which need not be rehearsed they being all bound and tyed by this vow and solemne oath Iulius the second was chosen Pope being one of them that had sworne so religiously who to satisfie what was promised made his Papall oath in this wise The subscription vow and oath of Pope Iulius the seâ—â—nd concerning the things aforesaid 22 I Iulius the second Pope being chosen to the dignity of supreme Bishop doe promise swear and make a vow to fulfill and keepe all the things aforesaid and every of them wholly and entirely purely simply in good truth readily and effectually upon paine of perjury and anathema from which I will neither absolve my selfe nor procure my selfe to bee absolved by any other So helpe me God and the holy Gospels All this was done in the year 1503. Now Iulius so litle regarded those two oathes so solemnly sworne that he let not onely two years go but even six or seven over and above without ever taking any great thought of accomplishing his vow Whereupon the Emperour Maximilian King Lewes the twelfth with a number of Cardinals and divers other persons being scandalized especially because Iulius more strongly representing an Emperour than a Pope did imploy himselfe in wageing warre they resolved to take order for it and to that end those Cardinals upon request made unto them by those two Princes called the General Councel of Pisa in default of the Pope the year 1511. Which the Pope perceiving hee called his at Rome to quash the other as Onuphrius told us So that the one is called upon a lawfull causeâ— the other to a very bad end 23 This is not all The Councell of Pisa submitted so farre to Pope Iulius that when they saw he was determined to keepe a Councell they desired him to have it in some free citie and of safe accesse which if so then they offered to come unto it For you must take notice by the way that this was another Iulius Cesar which made his armour ring all Italy over and that even against the Gauls aswell as the former whose name hee bore Yea they came so far as to entreat him to make choice of any one of those ten free cities which they should nominate in divers Provinces or himselfe to nominate as many in Italy which were not vnder his temporall jurisdiction nor under the Venetians and they would agree of one of them To the end say they that it may be evident to every one that the holy Councel proceeds in all things with bounty humility and peace and that they doe not deny your due reverence they have thought good to send their Oratours unto you with expresse charge and speciall power that the cities here mentioned be presented to your Holynesse in the name of the Synod which are most of them Imperiall cities to wit in Italy Vercel Turin Casal of Montferrat and Verona Out of Italy Geneva Constance Besanzon Mentz Avignon and Lyons to chuse which of them you please after which choice the Councel will remove thither c. But if your Holynesse thinke it not fit to accept of any of these places for the greater evidence of the good meaning of the Synod and to make their reverence towards the Pope more plainely appeare it is left to his power to nominate as many Imperiall cities in Italy so they bee not within his temporall dominions nor the Venetian jurisdiction c. 24 The Oratours of the Synod having sent a messenger from Florence to Rome to get a safe conduct of the Pope they had no list to goe any further by reason of the ill entreating the injuries and beatings done to him whom they sent who was compelled for fear of prison or death to returne without doing any thing of which there was an Act and instrument drawne which is extant amongst those of the same Councell The Synod being advertised hereof did resolve to expect yet thirty dayes to see whether the Pope would alter his resolution whereof intimation might be made unto him by placards set up in places next adjoyning because free accesse thither could not be had All this is related in the very Acts. Wee may doe better to set downe the very words of them But forasmuch as the said Oratours as soone as they were arrived at Florence sent a faithfull and loyall messenger to the Court of Rome to procure a safe conduct from the Pope Which they not only did not obtaine but which is worse the messenger was so horribly threatned that hee was constrained to flie for feare of prison or death and to returne againe to the said Oratours as appears more at large by the instrument made thereupon the holy Synod granteth appointeth another terme of thirty dayes c. And forasmuch as it is notorious that there is no free accesse to the Pope the holy Synod ordaines that this decree of prefixing this terme bee published and intimated to his Holynesse by billes set up if it may be done in the neighbouring places and next adjoyning whereby probably it may come to the knowledge of the Pope or at least to the Cities of Milan or Florence 25 The Pope in stead of accepting what was fairely offered him on the contrary commanded all those of that Synod to depart from thence upon paine of loosing their offices and benefices say the same Acts. Yea he and his Councell went so farre as to excommunicate King Lewes the twelfth and the Cardinals that were at Pisa as saith Onuphrius putting the Realme of France in an interdict and stirring up the Kings of Spaine and England against our Prince the one whereof brought over his armies into France and the other into the Kingdome of Navarre as the same author hath it a great part whereof he conquered and yet holds by that only title It is further to bee observed in behalfe of our France that there were a great number of Bishops and other Prelats and Ecclesiasticall persons of this Kingdome present there at Pisa and besides the deputies of the Vniversities of Paris Tholouse and Poictiers as it is recorded in the same Acts. So that whatsoever was there done by Pope Iulius doth principally redound to the discredit of this Nation 26 But that it may more clearly appeare what manner of man this Iulius waâ— we will here set downe what the Legend of Flamens saith of him an ancient book and not to be excepted against in this case O Pope Iulius saith it who wast surely the abomination of all desolation as a moderne authour testifies durst thou falsifie thy faith desert St. Peters chaire and usurpe the title not only of Iulius Cesar for he never falsified his faith nor ever went against his loyalty as thou but
of Iulian the Apostat whose name thou hast borne for a long time Conveniunt rebus nomina and unfold and display the Apostolicall keyes and the three crownes in the field sleep in the watch-tower God knowes how bravely hee made the crosses crosiers and mitres to clash and flourish in the campe The divell himselfe durst not have come there For benedictions and plenary indulgences à poena culpa marched so thicke as nothing more And to prove this true in the moneth of August last past when I complained to one of the late Pope Leo's Chamberlaines of the inconstancy or rather disloyalty and treason of Pope Leo the tenth who against his faith and promise so solemnly sworne at the Parliament of Boloyne to the most Christian King Francis of France had declared himselfe the Kings enemy wondring with my self at the litle fidelity and loyalty of the moderne Popes more especially of the two last Iulius the Genoois and Leo the Florentine considering that in former times the Popes would have chosen to suffer death rather than breake their promise he swore and protested unto me that when Ferdinand King of Aragon came out of his countrey of Spaine into the City of Savoy the same Pope Iulius had sent him an absolution from the treason which was then hatched and plotted to cozen King Lewes of France He speaks more of this point than I was aware of for he joynes Leo the tenth with Iulius And if I were not afraid to be cenâ—ured that I went about to expose the personall vices of this Leo contrary to my protestation I could here represent him all loaden with vices and crimes It shall suffice me to referre the reader to those that have spoken of his life and amongst others to Langius a German Monke 27 See here then the two authors of this Councell of Lateran which is now opposed against the first and second of Pisa those of Constance Basil Siena and Lausanne and against our Pragmatique Sanction The former called it and the latter continued it The former triumphs victoriously over the Councell of Pisa and the latter over the Pragmatique Sanction and together with it over the Councels of Basil and Constance if wee may beleeve them in this point and let them alone here Wee may then affirme that this Councell of Pisa was lawfully called and upon just and necessary causes and on the other side that this of Lateran ought to bee reputed schismaticall and illegitimate being it was assembled by a Pope doubly perjured and contumacious onely to serve his owne passion to decline a reformation and live in disorder to make a mocke of that laudable designe of the Princes and Clergy who dreamed of the good of Christendome But the French are unworthy the honour of their nattion if they do not for ever detest and abhorre this pretended Councell which did so much mischief and trouble to that great Prince Lewes the twelfth which did anathematize him and interdict his kingdome which raised up armies on all sides to assassinate him which made the fields blush with bloud which caused the townes and kingdomes that did him homage to be invaded which pronounced a nullity and flaw against that which was ordained and decreed at the Councell of Pisa by the most famous Prelates and Vniversities of this Realme 28 Signauter dico which did interdict both the King and Kingdome for it is not Iulius alone but all his Councell In the third Session whereof was that thundering Bull of his made which remaines there yet all entire Out of which I have collected this piece With the approbation of the sacred Councell we condemne reject detest and declare to be void invalid and of no effect all the acts facts gests and writings published and ordained by the children of damnation Bernardin Caravaial William Brizonnet Renald de Pria and Frederic de Saint Severin heretofore Cardinals together with their favourers abettours and complices Schismatiques and Heretiques who endeavour to breake the union of the holy mother Church by the Conventicles of Pisa Milan and Lyons We doe likewise with approbation of the same Councell which hath full cognizance thereof renew our letters whereby wee have interdicted the Kingdome of France because of the approving favours assistance and adherence of the said King of France and other Prelates Officers Nobles and Barons of that Realme unto those schismatiques and heretiques for the keeping and continuing of that damned and reprobate Conventicle of Pisa. And we submit unto this interdict the said Kingdome with all the townes territories cities and other places whatsoever 29 I am not ignorant that after this Pope was dead the same King Lewes who had approved the Councell of Pisa by his letters patents of the 16. of Iune 1512 verified in Parliament came afterwards to dissolve and renounce it that he might joyne with that of Lateran which had changed the master and that because of the good affection which Leo the tenthâ— the successor of Iulius shewed towards him I know likewise that the Concordat betwixt the same Leo and King Francis was afterwards made which is recorded in the eleventh Session of that Councell and that afterwards in the same Session the abrogation of the Pragmatique Sanction and the Councell of Basil for as much as concernes the power of a Councell over the Pope was concluded But I answer that this Councell of Lateran was then but a meere Conventicle considering it had in all but sixteene Cardinals and what Patriarchs what the Popes assistants oâ— Orators but eleven with fifty three Bishops one Abbat and foure Generals Of which it was said by the Vniversity of Paris in the Act of Appeale put up by them That it was not assembled in the name of the holy Ghost This we urge of purpose against Bellarmine who holds that the Councell of Constance was not Oecumenicall for what concerns the Decrees of the fourth and fifth Sessions though there were to the number of two hundred Fathers because some schismaticall Bishops were absent Besides it is certaine that the abrogation of the Pragmatique and the Councell of Basil as touching the power of Councels over the Pope was never approved in France no more than in other places and this was it was disputed at the time of the Concordat and which they would never yeeld to 30 For proofe hereof there needs no more but the reading of the opinions of certaine Bishops in that Councel which are set downe in the eleventh Session then when that point was canvassed After the reading thereof say the Acts their fatherhoods were asked whether this Concordat pleased them They said all plainly that it pleased themâ— except the reverend Father Domenic Bishop of Lucerin who said the things contained in the Bull pleased him alwaies provided that the French accepted the other Bull containing the repeale of the Pragmatique Sanction Two other Bishops were of the same opinion but all the rest went along
three Bishops to Rome to assist at the Synod which shall bee holden there Which cannot bee referred to a Generall Councell And for the rest no body denyes but the Pope hath the same power in respect of the Churches which depend upon him which the other Patriarches and Metropolitans have 11 But let us grant what they say of him There is nothing got by it it is a domestique testimony and of one that is himselfe a party Hee that hath at other times disputed the presidence of Councels is now in question himselfe in his owne cause and his successours Besides wee have spoken sufficiently elsewhere of the approbations and subscriptions of the Acts of Councels which were desired at the Popes hands that they desired as much of other Bishops to mantaine the union and intelligence of the Church from whence no advantage will accrue to the Pope and yetâ— for all the Councel of Lateran makes this a strong ground as neither from that which the Councell of Constance did which our Lateran Fathers have put in the list too thereby tacitly approving it Of whom I demand lastly Why then do they not observe its decrees touching the power of a Councell seeing they can finde no flaw in them They take at nothing but the Councel of Basil and this poore Pragmatique and that by reason of the sawcinesse of them as they intimate unto us by those words Which was likewise observed by the Fathers of Constance which laudable custome if those of Bourges and Basil had observed without doubt we should never have all this adoe This for the point of approbation which Councels required at the hands of Popes Let us then leave our Bourgeois and Basilians there and confesse they were to blame to exempt the Pope from trouble But what had the Councel of Constance to doe with it that the Decrees thereof must be abrogated for this Besides is it not a fine argument to conclude that the Pope is above a Councel because that of Constance demanded the approbation of their Decrees at his hands whereas by the same Decrees they make the Pope inferiour 12 See here all their reasons saving that they urge the abrogation of our Pragmatique made by Lewes the eleventh and consequently of the Councell of Basil. To which wee cannot answer but to the shame of Pius the second who having wrought wonders against the Popes at the Councell of Basil having even writ the history of all that passed there with exceeding approbation thereof when hee came to be Pope urged King Lewes with the performance of a promise which he had extorted from him when hee was Dolphin of repealing that pragmatique as soone as he should come to the Crowne and he never gave over solliciting of him by letters and Legats till hee had his desire So then the pragmatique was repeal'd by this Prince with the advice of a few but was set up againe presently after with the consent of many having perceived the prejudice done to France by him We must confirme all this by good witnesses 13 M. Iohn le Maire relates many things about this particular it is fit we heare him Forasmuch saith he as the Popes are not content that the pragmatique Sanction be in force although it bee founded upon the holy Canons and authorized by the Councell of Basil But it derogates from the insatiable covetousnesse of the Court of Rome and therefore they say it is a pure heresie Pope Pius the second imagined by all meanes to perswade and put it in King Lewes his head to abrogate and put all downe under colour as the Pope pretended that the said Lewes when he was then but Dolphin had promised the Pope that when hee came to the crowne he would abolish the said Pragmatique And to bring this about presently after the Kings coronation Pope Pius sent the Cardinall Monke D'Arras for his Legat into France The Legat being arrived in France put the King in minde of fulfilling his promise and the King being willing to condescend to the Popes desire at least making a show of so doing dispatched his letters patents in ample manner directing them to the Parliament of Paris and sent Cardinall Balue thither to have the Decree of the Lords of the Parliament thereupon But when the â—ase was discussed the auditory of the Court being present the Kings Atturney called Iohn de Rome a sharpe man of great eloquence and courage straight opposed himselfe against it boldly affirming and maintaining that a law so holy so redoubtable and of so great benefit to the kingdome ought not to be repealed In like manner the Vniversity of Paris joyned with the Kings Atturney and appealed from all the Popes attempts to a future Councell At which things Cardinall Balue a wary malicious and stout man was much offended and used big words but all this notwithstanding hee returned to the King againe without doing any thing And so our Pragmatique continues still in force save that the King did afterwards bestirre himselfe to cause his letters patents to be verified 14 Now that he made this repeale without counsell we prove from Pope Pius out of his letters gratulatory which he sent to him thereupon Meane while we commend that saith hee that you have determined to disanull this Pragmatique without the assembly or advice of many as the same Bishop hath given us to understand Certes you are wise and you bewray a great King to governe and not to be governed See here the good counsell of the Popeâ— but which did not thrive very well with him for this default made all be cancell'd Malum consilium consultori pâ—ssâ—mum Let 〈◊〉 heare yet his other elogyes concerning that repeale You were reserved till these times to restore her liberty to the Church of Rome by abolishing errours that is the Pragmatique And in another passage You doe what is meet knowing that the Pragmatique is godlesse you have resolved to abolish it out of your Kingdome The rest may be seene in the authour himselfe 15 But let us here observe the inconstancy of this Pius who saith in his Commentaries of the Councell of Basil that every one held the conclusion of the Bishop of Arles who presided there in admiration concerning the authority upon a Councel against the Pope as undertaken by the speciall favour of the Holy Ghost saith he In another place hee extols the integrity and devotion of those Fathers with exclamation matterâ— Now our Pragmatique is nothing else but the marrow and substance of the Councell of Basil yea but the very Decrees of it Now we demand of him Cur tam variè as our Practitioners speak Hee will give us King Francis his answer It is not for a King of France to revenge an injury done to a Duke of Orleance But rather it is for a Pope to defend the Popes cause That when he writ that as well as that which hee writ against the
summe of money which the Popes were wont to pay the Emperours for their Ordination Yet so these are the very words as he that is elected shall not be consecrated till the Generall Decree bee first brought unto the Royall City of Constantinople according to the ancient custome to the end that the said consecration may be performed with his consent and command The words according to the ancient custome are worth the noting to shew that this was no new established thing for the Emperour had both the right of the one and the other so saith the Glosse that is both of receiving something at the election and of granting the confirmation of it But the example of Pope Vitalianus who is spoken of in the same Canon makes the point clearer Vitalianus according to the custome sâ—nt his Legats with a Synodicall epistle towards the royall City to the most pious Emperours to give them notice of his institution Now this Vitalianus was promoted to the See in the yeare 1657 under the Emperour Constantine the third who reigned together with his brother Heracleon as the Archbishop of Cosâ—â—â—â— tels us who relates the very same story 11 Boniface the first entreated the Emperour Honorius by his letters and Ambassadours to see that after his death the eleâ—tion of the Popedome were made without contentions and corruptions See here the inscription of the letter which hee sent unto him which wee read at this day in Isidores Decree printed at Paris both in a great and lesser volume the yeare 15â—4 and 1535â— and afterwards at Cullen in 1567. Here begin the Decrees of Pope Bonifaceâ— The epistle wherein hee entreateth the Emperour Honorius to see that hereafter after the election of the Pope bee not carried by canvassing at Rome After this letter of Boniface follows the Emperors answer with this inscriptioÌ„ The Constitution of the Emperour Honorius sent to Pope Boniface wherein hee ordaines that if hereafter two Bishops bee created at Rome the one or other of them shall bee driven out of the Citie And the text sayes thus Let every man know that these canvassings must be left off But if peradventure by reason of the remeritie of the factions there bee two chosen against the law wee will not that either of those two bee the man but that hee alone shall enjoy the See Apostolique whom the judgement of God and the consent of the world shall chuse 12 Wee will urge the examples of Pope Symmachus and Gregoriâ— the Great out of Marsilius though wee could take them out of the authours whence hee had them The like we read saith hee of Symmachus borne in Sardinia for he being elected by discord together with one Laurentius was confirmed Pope of Rome by the judgement of King Theodoric Hear what Martin saith also of St. Gregorie Hee was chosen Pope saith hee and the Emperour Maurice gave his consent by his Imperiall letters Others say that St. Gregorie would not receive the consecration till such time as hee had the Emperour Maurice his consent 13 There are two things especially objected against all this First the disclaime which is said to be made by Lewes the Gentle King of France and Emperour of Rome by an expresse compact made betwixt him and Pope Paschal whereby hee promiseth That none of his Kingdome French man or Lombard or of any other nation within his dominions shall have any power or leave to doe against the Romans privately or publiquely or to proceed to any elections suffering them to consecrate him whom they have elected with concord and common advice sending Legats unto him and his successours the Kings of France after the consecration to make peace and amitie with him In the second place is objected the constitution of the Emperour Henrie the first where it is said That none sent by us shall bee any impediment to the election of the Pope of Rome Which makes Gratian conclude that From these Ordinances and from the compact of the Emperour Lewes it appeares that the Emperours have renounced those priviledges which Pope Adrian granted to the Emperour Charlemagâ—e and in imitation of him Pope Leo to Otho the first as touching the election of the Pope of Rome And this is now adaies taken for Oracle and followed yea practised 14 There is nothing more easie than to discover here errours and falsities both at onâ—e Divers learned men of this age have undertaken to prove that this pretended compact of Lewes is spurious as well as the Donation of Constantine And one of the maine arguments is because there are two evidences of this imaginarie agreement produced the one different from the other both in words and substance yea even in matters of greater moment In one place it containes a donation of the Citie of Rome and many more in Italie unto the Pope Whereas notwithstanding all Histories teach us that they never pretended to the dominion of it nor became Lords of it tilâ— in later times they tooke it into their hands by usurpation Adde hereunto that ancient Historians some whereof were contemporaâ—ies and familiar with this Emperour speake not a word of it though they set downe his life even to the smallest particulars But let us grant them this that this instrument is true be it never so false What doe they gaine by it for the election of Pope Leo the seventh by whom the power granted to the Emperour Otho the first and his successors of instituting the Pope and all other Archbishops and Bishops is much yonger and it is a common rule That the latter lawes derogate from the former Which will serve also for an answer to the constitution of Henry the first inasmuch as the fore cited Synod was after it too For this Emperour reigned about the year 920 and the fore-mentioned Synod was holden about the year 937. 15 But see yet more law After all this Pope Stepheâ— the ninth who lived about the year 1057 under the Emperour Henry the second ordained that there should bee no consecration of the Popeâ— unlesse it were in the presence of the Emperours Ambassadours according to the custome and forme set downe by the Canons And after that yet Pope Nicholas the second having caused a forme of the Popes election to be prescribed by a Councell of Lateran holden the yeare 1059 in such sort as that it must bee done by the Cardinall â—ishops and Cardinall Clerks so they called them in those dayes with the consent of the rest of the Clergy and people hee addes Saving the honour and reverence due to our welbeloved sonne Henry King at this present and who will beâ— Emperour ere long 16 And this is so true that even his successours used to do so till Pope Gregorie the seventh who came to the Popedome in the yeare 1073 who received also his confirmation from the Emperour Henrie the fourth witnesse Plâ—tina In fine saith he after divers embussyes both upon one
are forbidden to grant Bishopriques after Canonicall election For wee read that some Popes of good fame have become intercessours to Kings for those who had been elected unto Churches to get them to give them the Bishopriques and that others have deferred the consecration because they had not yet received the Princes consent I would have set downe the examples hereof were it not that I desire to avoid prolixitie in my letter So Pope Vrban as we understand excludes Kings only from the corporall investiture but not from the election for asmuch as they are heads of the people or of the grant although the eight Synod forbids them onely to assist at the election but not at the deliverie which whether it bee done by the hand or by seale or by word of mouth or by the rod what matters it Seeing Kings doe not pretend to conferre any thing that is spirituall in it but only to consent unto the will of those that require them or to grant unto them Ecclesiasticall possessions and other externall goods which Churches hold by the liberalitie of Kings As for the Sacrament of which he hath spoken now twice there was no question of that seeing that by former Councels the investiture was granted to Emperors and the consecration to Bishops 24 What can be alleadged more in defence of these later Councels If any man will say that the Emperour Henry was justly deprived of this right because he had violated the holy See and had put Pope Paschal in prison Wee will give two or three very pat answers to this objection One that hee did no more but repell the injury which was done unto himselfe For even in the Church and while he received the Eucharist from the Popes hands hee was like to have beene traiterously killed Heare what the German Chronicles say of it While the Emperour received the Sacrament from the Popes hands behold one of the principall of the Clergy who was offended with that purpose which the Emperour had put on that he would maintaine the constitutions of his Predecessors stirred up a sedition and tumult in the temple beat off the guard of the Emperours body and went about to seaze upon him who with much adoe saved himselfe repelling the force with his owne hands And speaking of the same Emperour hee afterwards addes Hee got him presently into the Citie killed a great multitude of citizens and Clergy-men tooke the Pope prisoner Elsewhere the Pope and Emperour were very good friends by meanes of the agreement made betwixt them of which wee have spoken already yea in such sort that the Pope sealed it by delivering the body of Christ unto the Emperour By giving unto him saith Sigebert the body and bloud of our Lord Iesus Christ in the celebration of the masse Wee give you this body said hee O Emperour in confirmation of the true peace betwixt me you And for a third answer his personal and particular fault could not prejudice the Empire and his Successours But we have said enough of this point It only remaines that some that can well manage it enter upon this inheritance There will want no right if hee want no forces CHAP. X. Of elections nominations and Investitures belonging to other Kings and Princes 1 WE come now to other Princedomes reserving France to bee spoken of in the last place The twelfth Councel of Toledo grants election of Bishops to the King of Spaine which our Popes have registred in their books It was decreed by all the Bishops of Spaine and Gallicia that without any prejudice to the priviledges of every particular Province it shall be lawful hereafter for the Bishop of Toledo to receive and consecrate all such Bishops as the Royall power shall elect and that every such Bishop shall bee approved by his judgement Which as Lancelot Conrad witnesseth is observed and kept even at this day 2 As for the Kings of England though they have often quarrelled with the Popes and the Clergy of the Kingdome about this point yet so it is that from age to age we alwaies finde them possessed of this right For to goe no higher about the yeare one thousand King Etheldred created one Robert Aâ—chbiâ—shop of London and one Edmund Bishop of Luiddifarne otherwise called Holyland at the entreaty of the Monks of that Bishoprique King Edward made one Robert first Bishop of London c. and afterwards Archbishop of Canterbury whose successour he made one William He gave also the Bishoprique of Shyrburne to one Herman In the year one thousand one hundundred seventie King William the first of that name bestowed the Archbishoprique of Yorke upon a Canon called Thomas In the yeare one thousand seventie eight hee bestowed three Bishopriques upon three of his Chaplaines and many others upon divers Ecclesiastiques 3 In the year one thousand ninety two King William the second bestowed the Bishoprique of Lincolne upon Robert Blunt his Chancelour he bestowed also that of Worcester upon a Canon called Sampson One of the two bestowed also the Bishoprique of Silchester upon Lanfranke 4 The yeare one thousand one hundred and one King Henrie the first bestowed the Bishoprique of Hereford upon Kemelin and gave him the investiture of it The same King gave the bishoprique of Winchester to a Canon called Thuilphus and afterwards to the Chaplaine of Queene Adalida 5 The yeare one thousand one hundred and two Anselme Archbishop of Canterburie would have made the Councell of Lateran to bee received in England holden against Henrie the fifth about the point of Investitures And in obedience thereto he made a difficultie of consecrating certaine Bishops who had beene invested by Henrie the first who was much incensed against him upon that occasion And forasmuch saith Matthew Westminster as hee would not consecrate certaine Bishops who had been instituted by the King obeying his pleasure nor so much as communicate with them the King was thereupon moved with choler against him 6 The yeare one thousand one hundred and seven there was a Councell holden at London where it was ordained That from thence forward no man should be invested in England by the King or any other Lay man into any Bishoprique or Abbey by the donation of the Pastorall staffe or ring alwayes reserving the homage due to the King But Henrie the first did not forbeare to use his right for all that which this Councell could not take from him And indeed in the yeare one thousand one hundred and nine he erected the Abbey of Ely into an Episcopall See and caused one Herveus to be ordained over it and having assembled divers Bishops at London in the same yeare hee made them consecrate one Thomas who had beene chosen Bishop of Yorke In the yeare one thousand one hundred and thirteen The same King Henry bestowed the Archbishoprique of Canterburie upon Richard Bishop of London and invested him in it by giving him the crosier
staffe and ring In the yeare one thousand one hundred twentie five hee bestowed foure Bishopriques more 7 William of Newburie both Doctour of Divinitie and an Historian proves in like manner of King Richard the sonne of Henry the second who raigned about the yeare one thousand one hundred eightie nine First of all saith he this new King was so affected that by his meanes many Churches which were vacant of England were provided of Pastours Richard of Ely the Kings treasurer was preferred to the See of Lincolne Godfrey Lucy to the chaire of Silchester William Longchampe the Kings Chancelour to the Bishoprique of Ely Hubert Deane of Yorke to the Church of Salisbury hee bestowed also the Metropolitan See of Yorke upon his brother Ieffrey 8 The yeare one thousand two hundred and seven Pope Innocent the third would have perswaded the Monkes of Canterburie to chuse one Stephen Langton for their Bishop but they replyed that it was not lawfull for them to doe so without the Kings consent But the Pope having injoyned them under the paine of Anathema they were compell'd to consent unto him so and so though with a great deale of murmuring Which being done the Pope writ unto King Iohn a soothing letter to get him to approve of it But he being offended thereat Commanded that all the Monks should bee drawne out of the Monasterie of Canterburie as guiltie of high treason yea and that they should be chased out of his Kingdome 9 In the yeare one thousand two hundred fortie and five Henrie the third King of England Having received a foule injurie done as he thought both to him and his forasmuch as many Bishops were created in England without his consent hee sent Mr. Lawrence de St. Martins his Proctour to the Court of Rome to make complaint of it and plead the right which hee had thereunto from all antiquitie 10 One Mr. Richard de Witz having beene elected Bishop of Chichester by Innocent the fourth who was then at Lyons To the intent that such an injurie done to the King might not passe unpunished saith an English Historian hee was justly deprived of a Baronrie which belonged to the Bishoprique 'T is true it was restored a long time after by meanes of the earnest intercessions which were made thereupon There are infinit examples of this nature both in these authors from whence wee have taken the former and divers others 11 Wee will here observe that our Popes have elsewhere testified in their owne books how the right of bestowing benefices and Prebends which belongs unto the Kings of England in capite during the vacancie of the Bishoprique This wee read in a Decretall of Alexander the third in these words The said Bishop being deceased and the revenues of the Bishoprique being come unto the Exchequer a certaine Prebend chancing to bee void our wel-beloved sonne in Christ Henrie the illustrious King of England hath bestowed upon Thomas his Clerk This Decretall was extant in the title De jure Patronatus after the chapter Praeterea in the third booke of the Decretals as I have seene in an ancient Manuscript which is in my custodie One of our Doctours witnesseth also that it was anciently there and afterward expunged A learned Spanish Bishop publisht it since by adventure without ever thinking upon it for he had no intention to harme the Pope 12 Our Doctour of the Civil law beare witnesse of the rings of England affirmingâ— that this eight belongs unto them and determining also that it is a thing which may bee done They say as much for the King of Hungary the King of Apulia and also for the King of France See here the verie words of Alexander in his counsels Baldus said well in the law descripta de precib imperat offerend that Kings and secular Princes who by ancient custome time out of minde have power to conferre Prebends and Benefices within their dominions may doe it because such a custome gives them a priviledge And he sets downe a president of the King of Hungarie and the King of England The King of Apulia might be added also according to that remarkable glosse in the summarie of the seventh Quaestion causa 16. Another might be urged of the King of France as saith Iohn the Monke upon the first chapter De Praebendis in sexto 13 See here many authorities together whereunto wee will adde that of Lancelot Conrade Lawyer of Millaine and the King of Spaine his subject who will furnish us with some others So some Kings and Princes saith he may conferre the benefices of their Kingdome when they have got this right either by custome time out of mind or by Apostolicall priviledge as Alexander hath counselled in his 74. Counsel num 8. volum 4. Baldus in the law Rescript C. de precibus imperat offerend Martin Lawrence de Privil Rescript Quaest. 2. Following Alexander he urgeth the examples of the Kings of France England Hungary and Apulia and addâ—s also the King of Spaine hee saith â—urther that the King of France seemes herein to have a greater power and a larger right than the Emperour 14 A German Bishop who writ in the yeare one thousand one hundred and nine addes also the King of Scotland and proves the same of him which hath beene said of the rest We reade saith he of the Bishops of Spaine Scotland England and Hungarie that by ancient institution till this upstart novelty came in were put into their Bishopriques by the Kings with purity and integrity and with peace and quietnesse for temporall matters Afterwards hee speakes of our Kings of France on this manner A long time before the decree of Adrian and his successors the annointed Kings and the Maiors of the Palace invested Bishops Dagobert Sigebert Theodorick Hilderick Pepin Maior of the Palace and Theodoret who established Remachus Andomarus Amandus Antpertus Eligiuâ— Lampertus and other Bishops of most holy life 15 Let us now see what this right of France is It is certaine that from the verie infancie of this Realme our Kings have begunne and continued through all their three lines to elect Churchmen to bestow Bishopriques Abbeyes and other Ecclesiasticall dignities upon them to give these elections to such as they thought good alwaies reserving unto themselves their consent or approbation and to proceed therein such other waies as they thought fit The examples hereof are so plentifull that wee should bee afraid to tyre the reader by reciting them and therefore we will content our selves with quoting them in the margent especially considering that there are so manie other waies to prove it that we care for nothing but curtailing our discourse 16 Whosoever shall seriously consider these examples hee shall finde that our Kings have alwaies dealt herein as they pleased that sometimes they have made elections and nominations themselves sometimes they have given leave to the Clergie to make them either alone or with
the people and have been content to give onely their consent or to confirme them or to give the investitureâ— The Emperour Charles the Great ordained by his Capitularie Lawes that the Bishops should be chosen by the Clergie and people of the same Dioces Our Popes have not forgot it in their owne bookes thinking that they had gain'd thereby some advantage upon France But our Kings by this remitted nothing of their authoritie but reserved unto themselves their consent and approbation and investiture which they used ever after even Charles the Great himselfe the authour of that law But howere it be hee that made the law may unmake it he may change it at his pleasure If there were any thing in it to their disadvantage which there is not 17 They would also make a law against our Princes from a certaine pretended prohibition which Nicholas the first set out against King Lotharius that he should not permit any to bee chosen Bishop of Treves or of Cullen without first consulting with the See Apostolique declaring unto him he was not pleased that he should meddle in such elections to preferre such persons as were his favourites And they have laboured all that they could to gaine this authoritie over our Kings which they for their parts have alwaies stoutly defended even by making faire decrees to debarre them from meddling 18 Possibly it will be said unto us that all this is done by usurpation abuse and unlawfull attempt There then wee must straine to root this false opinion out of their braines We will therefore justifie their right by the authoritie of Councels and first by that of Orleans which is accounted the fifth holden in the time of Pope Vigilius the first and of King Childebert the yeare five hundred fortie nine where this decree was made That it shall not be lawfull to obtaine any Bishopriques by presents or by meanes of any such like purchase but with the kings consent according to the election of the Clergie and people as it is written in the ancient Canons 19 Carloman Duke and Prince of the French speakes thus in the Synod of France holden in the yeare seven hundred fortie two By the Councell of the Clergy and chiefe men of the kingdome we have ordained Bishops over the Cities Pepin Duke and Prince of the French useth the same termes at the Councell of Soissons holden in the yeare seven hundred fortie foure Wherefore saith he we have instituted and ordained lawfull Bishops over the Cities with the advice of the Clergy and Princes of France Now this is spoke by them with the approbation of those Councels yea they are the verie Acts of the Councell which speake so 20 The Councell of Paris addressing their words to the Emperours Lewes and Lotharius under whom it was holden in the yeare eight hundred twenty nine We intreat your Majesties to use great diligence and most exact care in the institution of Rectours and Pastours in the Church This petition presupposeth that such right belong'd unto them and that the Councell thought so otherwise they would rather have intreated them to forbeare 21 The Councell of Valentia holden in the yeare eight hundred fiftie five intreats the Emperour Lotharius that as soone as certaine Bishopriques shall come to be void he would leave the Canonicall election unto the Clergie and people of that Citie And as for such as should be sent from the Princes Court if upon examination any default were found in him either for manners or learning or any thing else that he would be intreated to chuse another Whence we collect that the Councell consents unto this that the Prince may elect any of his Court such as he shall thinke good provided they be of qualitie requisite to Ecclesiasticall dignities and for the rest intreats him to leave the election to the Clergie and people It showes us that this was in their power and withall that the Councel intends this election shall be made by the Clergie and people saving the consent and approbation of the Prince Let us proceede to other testimonies 22 There is a very remarkable one in Marsilius of Padua his Defensor Pacis And as for the proposition about the institution of Ecclesiasticall Ministers and the distribution and collation of temporall benefices I will shew by the authority of the Catholique Kings of France some things which are not to bee contemned but ought rather to be considered for they assure us that the authority of instituting and bestowing of certaine Ecclesiasticall offices benefices and temporall meanes belongs unto them by right which de facto they have caused to be inviolably observed to this very day in such sort that this authority is not derived from them either upon any particular person or upon any Colledge of what condition soever So neither is the law-giver nor Prince prohibited by the law of God to make such institutions collations and distributions 23 Our expositors upon the Civill Law say the same and testifie by their writings that this facultie of conferring dignities and Ecclesiasticall benefices belongs unto our Kings of France determining further that it is a thing which may be done and amongst others Iohannes Monachus Alexander Lancelot Conrade all which speake both for matter of right and fact Lupus Abbot of the Abbey of Saint Peters of Ferrieres who lived in the time of Charles the Bald about the yeare 870 writing to Amulus Archbishop of Lyons saith That it is no new nor rash thing that the King should furnish the most honourable Churches with his Courtiers considering that Pepin from whom hee is descended by Charles the Great and the most devout Lewes both Emperours having given Pope Zacharie to understand in a certaine Synod the necessity of the Realme hee got his consent to furnish the Churches with good Pastours after the decease of the Incumbents remedying by that meanes the badnesse of the times 24 Hildebert Archbishop of Tours who liv'd about the yeare 1080 under Philip the first King of France approves the presentation made by the King to a certaine Bishoprique of his realme commending him on this manner I congratulate with virtue that hath her reward under our King Hee hath found that the power of a King shines more bright by gifts and liberalityâ— than by the Scepter and that it is not sufficient for a Prince to stirre up his subjects to well-doing by examples unlesse they be also provoked by rewards Hence it is that your good manners were honoured by a great Priesthood The disposition of the King was sound and prudent considering it could not better provide for the Church than by placing you in it 25 Ivo Bishop of Chartres after he was elected by the Clergie was presented to the same King Philip the first and received his investiture and Pastorall staffe from him upon the refusall of the Archbishop of Sens he was consecrated by the Pope
beside the Pope may be their Iudges alwaies provided that they judge according to the Bulls which are granted unto them and observe them CHAP. V. Of the Letters of grace or Pardons for criminall matters 1 HAving put the Pope above Councels above the Emperour above Princes and above all Clergie men whatsoever having given him the jurisdiction spirituall and temporall and in a word the power of life and death over al creatures as masters had anciently over their slaves it was very good reason to leave his mercie to the liberty of his conscience to grant life to such as he shall thinke good Hence it is that these good Fathers leave it to his discretion to grant Letters of grace and pardon to whom hee please for there is no restriction They give order indeed that criminals and offendors shall not cozen his Holinesse or at least that they reape no profit from their lying For they command the Bishop that shall take the cognizance of them or shall have passed the sentence of condemnation upon them to take speciall knowledge of the subreption or obreption of the Popes letters and of the knaverie that any shall use towards his Holinesse for feare lest they make not a good market for their offences and abate something of those rights which the Pope receives of them for the pardon He that purposely laid in wait for a man is more deeply taxed than he that killed another onely by chance and so of the rest This is the meaning of that Decree And to the intent that all may depend upon the Pope and it may be further lawfull for him to barter with the delinquent â—or the pardon of his offence in case hee will give a more reasonable price for it the cognizance and judgement of this false information is given unto the Bishop onely by commission from the Pope to whom consequently it will be ever lawfull to have recourse by way of Appeale or otherwise Wee will here set downe the Decree at large that the truth of our exposition may be better knowne 2 And for as much as it happens now and then that upon fained causes which yet seeme probable enough some extort such pardonâ— whereby the punishments inflicted upon them are either totally remitted or à bated seeing it is intolerable that a lye which displeaseth God so much should not onely bee unpunished it selfe but also procure pardon for another offence to the lyar therefore it determines and decrees as followes That the Bishop residing upon his Church may by himselfe as Delegate for the See Aposâ—olique take the cognizance even summarily of any subreption or obreption of pardon obtained by false petitions for the absolution from any publique crime or offence which he had taken into his inquisition or remission of the punishment whereunto the delinquent was by him condemnedâ— and the said pardon not admit after it shall appeare that it was procured either by false information or concealment of the truth 3 Our ancient Canons never yet spoke of such Graces they talk indeed of pardoning of sins as Priests but not of remission of crimes as Kings Princes And that which Innocent the third speaks of subreption oâ— obreption of the Popes letters holds onely in civill matters The glosse upon it which expresseth divers cases of subreption and obreption assignes none eâ—â—e The referenâ—â— made by Gratian to the constitution of the Emperours Theodoâ—â—aâ— and Valâ—â—tinian tends to another purpose as namely to shew that the Pope hath no intention to take away another mans right by his dispensations It is a thing never heard of in France before this present that Popes should intermeddle with granting of pardons The very faculties of the Legats sent heretofore into this kingdome make not any mention of it but onely of the remission of sinnes proceeding from crimes And though there should bee any such thing yet they are still curb'd in with this bridle To use it in such things as are not contrary derogatory nor prejudiciall to the rights and prerogatives of the King and Kingdome nor against the sacred Councels the lawes of the Vniversities the liberties of the Gallicane Church and the Ordinances royall 4 The Clergie of France doe not hold their Ecclesiasticall jurisdiction of the Pope but of the King alone howsoever the Iesuites teach the contrary When they doe not use it as they ought when they connive at the punishment of crimes whereof they have the cognizance the Courts of Parliament may interpose by meanes of an Appeale as from abuse especiâ—lly considering it is it that grants them jurisdiction over spirituals And if the question be of granting pardon to a Priest or other Ecclesiastique not onely in a priviledged case but also upon a common crime by him committed it belongs to the King onely to grant it not to the Pope nor the Bishop And so it hath beene alwaies accustomed to be done in France as our Practitioners both ancient and modern doe assure us 5 We goe yet further which is that the Pope cannot restore Clergy men to their former state so as to free them from the infamy which they have incurred nor lay men unlesse it be to receive them into Orders Offices and Ecclesiasticall acts and not otherwise As also that within this Realme he cannot pardon or remit the honorary amends adjudged by a lay man albeit the condemnation were passed by an Ecclesiasticall Iudge and that against a Clerke as making such honorary condemnation a part of the civill satisfaction These are two entire Chapters out of the Collection of the liberties of the Gallicane Church CHAP. VI. Of the Popes Canons and Decrees 1 THe Emperour Sigismond made a very remarkable demand to this Councell for as much as concerns the Popes Constitutions and Decrees It would not be amisse saith he that the multitude of humane Statutes and Decrees were lessened and many superfluous ones cut off and that the Prelates would conforme their constitutions to the obligation of the law of God Heare now the justice which these Fathers did him The holy Councell hath thought good to put secular Princes in mind of their duty trusting that they will not suffer their Officers or inferiour Magistrates to violate the immunity of the Church and Ecclesiasticall persons but that they together with the Princes themselves will yeeld due obâ—dience to the sacred Constitutions of Popes and Councels Wherefore it decrees and commands that the sacred Canons all Generall Councels together with other Apostolicall Ordinances made in favour of Ecclesiasticall persons and Ecclesiasticall liberty and against the violators thereof all which it â—enewes by this present Decree bee precisely observed by all men 2 See you here that which comprehendeth all the Canons Decretals Clementines Extravagants Bulls Taxes and all other Papall Constitutions and Ordinances of what kinde soever they bee even such as concerne temporall matters as the most of them do and which containe some
famous Councell lawfully called Hee excommunicated Fredericke the first very unjustly and carried himselfe so insolently towards him that he made him walke bare foot in his chamber and putting his foot upon his neck spoke these words Super Aspidem Basiliscum c. Thou shalt goe upon the Lion and the Adder To absolve King Henry the second of England from that ill usage which hee had showne to Thomas Archbishop of Canterbury he ordained that Appeales should bee allowed to issue out of his kingdome to Rome Gregory the ninth the compiler of the Decretals tooke upon him to excommunicate Fredericke the second very unjustly promised life eternall to such as would make warre upon him at last sold him his peace and pardon for an inestimable summe of gold As for Boniface the eight the aâ—thor of the sixt booke of the Decretals who excommunicated Philip the Faire and called himselfe Lord of all the world who wore both the swords and reigned with incredible insolence he is so well knowne that he needs not my commendations Clement the fift the authour of those Decretals that beare his name declares that the Emperour takes an oath of allegiance to the Pope that he is not Emperour till after hee have received his consecration and the Crowne from his hand This Pope caused his Clementines to be published at Montelimar where he then was and had resolved to intitle them the seventh booke of Decretals but he dying in the interim at Rochemaure they hung in suspense till such time as Iohn the twentie second his successour sent them over the Vniversities This is that Iohn that excommunicated Ludovicus Bavarus because he had taken upon him the name and title of Emperour before he was crowned by him who being sued unto for peace and amitie by that Emperour would not hearken to it till he should first devest himselfe of the Empire and come to him in the qualitie of a private man whose sentence was pronounced a nullitie by the States of Germany I doe not speake of the warreâ— which were raised by their ambition to the great destruction and calamitie of Christians nor of many other vices that abounded in them It sufficeth me to touch upon some few of the most eminent of them See here our goodly law-givers Let us from henceforth in stead of Oracles receive those fumes and vanities which they present us with in their bookes CHAP. VII Of the censure of Bookes 1 HAving approved and confirm'd the Popes Decrees and Decretals it was necessary they should condemne those many bookes that are in the world which teach a quite contrary doctrine For they are as so many witnesses of the so many errours and falsities as are in them and of the folly of those which approved them Our Fathers of Trent thought they could not by this charge upon any that would better quit himselfe of it than his Holinesse himselfe considering it so nearly concernes his copihold This is the reason they decree in this manner The holy Councell in the second Session holden under our holy Father Pius the fourth made a committee to certaine select Fathers that they should consider what was requisite to be done concerning divers censures and suspected or pernicious books and that they should make report thereof to the holy Councell hearing now that they have finished thâ—s worke and seeing that by reason of the multitude and variety of bookes it cannot bee distinctly examined by the holy Synod it therefore commands that whatsoever hath beene done by them in this particular bee presented to the most holy Pope of Rome to be concluded and set out by his judgement and authority 2 This Canon must be rightly understood with all its ampliations whereof the first is That power is not onely given to the Pope to determine and publish what had beene alreadie done but also to doe the like for ever after with all bookes wherein should bee found any thing that may be offensive to him The words of the Decree seeme repugnant to this in some kinde when they speake of that which hath beene done alreadie but our Doctors say that Beneficia non sunt restringenda Next it belongs to the Popes to put expositions upon the Canons and Decrees of this Councell for that power is given unto them in expresse termes at the end of the last Session Now the Popes have understood it so and those which came after have not omitted to doe their endeavour in this kinde so that a man would wrong them to accuse them of negligence The last impression of their Index expurgatorius set forth at Paris by Laurence Sonnius the yeare 1599 will alwaies serve them for a just defence which carries this inscription The Index of bookes prohibited with the rules made by the Fathers select by the Councell of Trent first published by the authority of Pius the fourth afterwards augmented by Sixtus the fift and now lastly revised and set forth by the command of our holy Father Clement the eight Revised that no scruple bee left signifies as much as augmented afterwards Which is necessary for those many wicked bookes must be excommunicated which say worse than hang 'em to our later Popes the Authors of our warres and almost to all the rest yea which is more grievous to the Popedome it selfe which they have laboured to overthrow Wherein Catholiques have beene as busie as any others if not more to the great scandall of the Church The second ampliation is That power is given unto him to condemne all those bookes as hereticall which were made in defence of the lawes power and authoritie of Emperours Kings and Princes and that so farre forth as they cannot be spoken of but as vassals and feudetaries to Rome and to bestow any other title qualitie or prerogative upon them is to speake blasphemie against the holy Sec. 3 For this reason it was necessarie to condemne the Epistles of the Emperour Fredericke the second for heresie which were collected into one volume by Peter de Vineiâ— his Chancelour which containe a defence to the Imperiall Lawes against the Popes usurpations The workes of William Occam a Franciscan and Marsilius of Padua a Devine who defend the same rights in behalfe of the Emperour Lewes the fourth The booke of Antonius de Rosellis of the power and authoritie of the Pope made upon the same occasion in behalf of the Emperour Fredericke the third and in defence of his rights being dedicated unto him for that purpose The treatise of Zabarell Cardinall of Florence intituled Of schismes which should bee taken away by the Emperours authority made a little after the first Councell of Pisa where he speakes of the Imperiall power in the Church somewhat too freely to the prejudice of our Popes The Monarchie of Dante 's where he treats that the Emperour depends not upon the Pope but holds his Empire from God The Vâ—rgers dreame and another booke intitled A dispute betwixt
Vicechancelours Notaries Registers and Executours their servants and others which have any thing to doe in what sort or manner soever with capitall or criminall causes against Ecclesiasticall persons in banishing or arresting them passing or pronouncing sentence against them and putting them in execution even vnder pretence of any priviledges granted by the See Apostolique upon what causes and in whattenor and forme soever to Kings Dukes Princesâ— Republiques Monarchies Cities and other Potentates by what name and title soever they be called which we will not have to be usefull for them in any thing repealing them all from henceforth and declaring them to bee nullities See here all the Iudges Royall both superiour and inferiour utterly despoyled of the cognizance of criminall causes 8 The twelfth Article speaks on this sort Wee excommunicate all and every the Chancelours Vicechancelours Counsellours ordinariâ— and extraordinarie of all Kings and Princes the Presidents of Chanceries Counsels and Parliaments as also the Atturneyes generall of them and other Secular Princes thogh they be in dignitie Imperiall Royall Duâ—all or any other by what name soever it be called and other Iudges as well ordinarie as by delegation as also the Archbishops Bishops Abbats Commendatories Vicars and Officials who by themselves or by any other under pretence of Exemptions letters of grace or other Apostolicall letters doe summon before them our Auditours Commissaries and other Ecclesiasticall Iudges with the causes concerning benefices tithes and other spirituall matters or such as are annexed to them and hinder the course of them by any lay authoritie and interpose themselves to take cognizance of them in the qualitie of Iudges 9 This is not all for in the following Article hee goes yet further striking a heavie blow at the Ordinances of our Kings Those also which under pretence of their Office or at the instance of any man whatsoever draw before them to their bench Audience Chancerie Counsell or Parliament Ecclesiasticall persons Chapters Covents and Colledges of all Churches or cause them to bee brought in question before them or procure them directly or indirectly under what colour soever beyond the appointment of the Canon law Those also which ordaine and set forth Statutes Ordinances Constitutions Pragmatiques or other Decrees whatsoever in generall or in speciall for any cause or colour whatsoever even under pretence of Apostolicall letters not now in practise or repeâ—â—ed or of any custome or priviledge or any other manner whatsoever or that make use of them when they are made and ordained when by them the Ecclesiasticall libertie is abolished impaired depressed or restrained in any manner whatsoever or who do any prejudice to our lawes and those of our See directly or indirectly implicitely or explicitely 10 See yet another which followes after this Those likewise which doe any way hinder the Archbishops Bishops and other Prelats superiour and inferiour and all other ordinarie Ecclesiasticall Iudges in the exercise of their Ecclesiasticall jurisdiction against any person according as the Canons the sacred Constitutions of the Church the Decretals of generall Councels and principally that of Trent doe ordaine There is further in the same Bull some excommunications against those which appeal from the Popes sentence to Generall Councels Against those that hinder Clergy or Lay men from going to plead at Rome which is a remarkable thing Against Kings and Princes which make the fruits of Ecclesiasticall livings bee sequestred upon any occasion whatsoever which concernes the right of the Crowne Against those which impose any tenths subsidies or other taxes 11 All this is leveld against the rights of the King and the liberties of the Gallican Church I aske now seeing our Popes take upon them to excommunicate our Kings which make ordinances concerning such matters their Officers and Magistrates and all others which practise them whether they will make any conscience of putting forthwith such lawes and ordinances into their Index expurgatorius Let a man goe about to put all the distinctions which hee can devise to save our liberties upon this Councell will not it bee lawfull for the Pope when he shall please to derogate from them to come in with a non obstante Doth not hee in the fore-mentioned Bull repeall all the priviledges granted by the See Apostolique His successours shall not they have the same power that hee hath 12 The other piece which wee promiseâ— shall bee taken out of the privie Counsell which was holden at Rome almost at the same time when the former Bull was sent which was found in the Advocat Davids trunk where it is said That the successours of Hugh Capet to undoe the Church brought in that damnable errour which the French men call the Liberties of the Gallican Church which is nothing else but a refuge for the Waldenses Albigenses poore of Lyons Lutherans and Calvinists at this present And in another Article it is said That all Edicts made within the Kingdome of what standing soever if they bee repugnant to Councels shall be cassed repealed and disanull'd As much as to say al the Edicts concerning the rights of our Kings the good of the Kingdome and the liberties of the Gallican Church which are all abolished and brought to nothing by the Councel of Trent A REVIEW OF THE COVNCELL OF TRENT BOOKE VII CHAP. I. That the Councell of Trent tends to the depression and abasing of the authority of Christian Princes 1 THis redoubted greatnesse to which the Pope is exalted by this Councell doth diminish as much not onely the power of Councels and Clergie-men but also that of Christian Princes These are their spoiles their Scepters their Crownes their justice their soveraigne authoritie their honours and preheminences all this is violently pull'd from them and transferr'd upon another lord In the first place they are depriv'd outright of that power which they have over Ecclesiasticall things and persons due unto them both by divine and humane law The calling of Councels is taken from them the presidence in them the approbation and authorizing of the determinations made in them the nomination election or investiture to the Bishopriques within their Empires and Dominions justice civill and criminall upon the goods and persons and discipline Ecclesiasticall and many other such like things It tacitely approves yea in many things expressely the unmeasured power and dominion which the Popes have usurped upon Kingdomes and Empires upon the election and deposition of Kings and Princes and upon all that belongs unto their state It disanuls their lawes and ordinances and on the contrarie establisheth those of the Popes and condemns all those that have defended their rights All this is handled in the former bookes and it would be impertinent to use repetitions And therefore we send the reader backe thither We will here adde that which remaines to be spoke of that subject 2 They are further grieved inasmuch as the Councell takes upon it more than belongs unto it in point
Christians as are subject to them The same author in another passage We must not be ignorant saith he that the humane law-giver or he which rules by his authority may lawfully impose any taskes and collections upon the temporals of Ecclesiasticall men principally upon their lands and immoveables which we call benefices c. Saint Ambrose in one of his Epistles saith If the Emperour demand his tribute we doe not deny him it The revenues of the Church pay tribute Hugo de Sancto Victore speakes expresly of it in his tract of the Sacraments Let the Church know saith he that such possessions cannot be so farre alienated from the Royall power as that if reason and necessity do require it the same power needs not protect them or that those possessions should not relieve him in time of necessity Marsilius againe in another place But if the supreme Law-givers or Commanders stand in need of these temporals they may in case of necessity make use of all that remaines over and above what is bestowed in the maintenance of the Ministers of the Church and of the poore and may by their own authoritie lawfully seise upon it according to the divine law notwithstanding any contradiction of the Priests Ministers and that not onely the tenths but even the fourths and thirds c. AEneas Sylvius in his fift booke Of the beginning and authoritie of the Empire saith That the possessions of the Church owe tribute to the Empire Which he proves by the testimonie of Saint Ambrose and many others out of holy Writ Chassaneus who was President of the Parliament of Aix in Provence saith That Prelates are subject to Kings for their temporall meanes though they be not feodall that they are bound to obey their Ordinances and Constitutions for as much as concernes the said goods that such temporall meanes of Clergy men even those which are infeodated are lyable to the payment of new tasks in case Kings should have a minde to impose any for the defence of their kingdomes 11 But for this matter we need not seeke any other testimonies than those which are extant in the Popes owne bookes That place of Saint Ambrose which was formerly quoted hath beene canoniz'd in Gratians Decree If the Emperour demand tribute we doe not deny him it The revenues of the Church pay tribute If the Emperour desire to have the meanes he hath power to take them to himselfe In another Canon it is said It is a great and spirituall lesson by which we learne that Christians are subject to secular powers for feare lest any body should thinke that the Ordinance of an earthly King may be violated For if the Sonne of God payed tribute who art thou that art so great as to think thy selfe exempted One Pope Vrban said That the tribute was found in the fishes mouth as Peter was a fishing because the Church payes tribute of things externall which lye open to every mans view 12 It is true that Gratian after he hath set downe these Canons plants others by way of battery against them to beat them downe such as are approved by Popes in such sort that they pronounce themselves exempt from all subsidies and tributes and also all others of their order Clergy men have exemptions indeed and those very faire ones both for their persons and their goods they have priviledges which are both honourable and profitable I confesse they have But they are very ingratefull if they doe not therein acknowledge the liberalitie of Kings and Emperours These are the markes of their bountie 13 It cannot bee inferred from all this tho that there is any release from the power and soveraigntie which belongs unto them nor from those dues which they were wont to receive save onely so farre as they are pleased to remit them The Emperour Constantius does ordaine that the Clerkes of the Provinces shall pay the charges due to the Exchequer for their possessions The Emperours Honorius and Theodosius grant an immunitie to Churches from sordid payments but not from others and they reserve to themselves the power of laying impositions upon them in case of necessitie The same Emperours declare in another place that they doe not exempt them from such taxes as shall be assessed for the repairing of bridges and high waies Constantius and Constans had formerly granted the same immunitie to Ecclesiasticall persons their wives and children to wit from forbid payments but not from others The Emperours Theodosius and Valentinian declare the vassals and tenants of the Church lyable to the same services that others are They declare likewise that the possessions of the Church must pay tribute These are the same Emperours that prohibited the alienation of Ecclesiasticall goods that gave Councels power to receive revenues by legacie from dying men 14 If these were anciently the Imperiall rights it would be known at what game they were lost The Popes have made lawes for the confirming yea enlarging of these immunities Councels have likewise interposed themselves in the same businesse both they and these in such sort as they have forgot their benefactors and not remembring that these exemptions are the courtesies of these very Kings and Emperours whom they forbid to lay any imposition uppon such goods without their leave Yet our Kings of France are alwaies excepted by the testimonie of our Doctours who thinke that to bee his speciall priviledge which is indeed the common right of all Princes Though in very deed it is made speciall by reason of the usurpation of Popes who have got their ends in others the French onely excepted And yet they are not out of hopes of them too For amongst their Decretals there is one of Alexander the fourth which expresly forbids the French To impose any taxes collections or exactions upon Churches or Ecclesiasticall persons or to require them of them for their houses lands or other possessions whatsoever heretofore got or purchased or hereafter to bee got or purchased by the said Churches or persons Ecclesiasticall This Decretall together with all the rest is approved by this Councell of Trent yea which is worth the observing Gregory the thirteenth in his late censure of the Canon Law hath made this addition to the said Decretall Looke saith he the Councell of Trent at the twentieth chapter of the twenty fift Session where the priviledges and immunities of Churches and Eclesiasticall persons are renewed and confirmed So that we must talke no more of this priviledge hereafter if our Councell be received And that no man make any further doubt hereof let us heare how this and that other Gregory the fourteenth would make men beleeve it in their Buls De coena Domini given forth by them afterwards to be thundered out in this kingdome We excommunicate and anathematize those which impose any collections tenths taxes payments or other charges upon Clerks Prelates or other Ecclesiasticall persons or upon the goods of
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
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
Lewes the eleventh touching the defence of the Pragmatique Sanction hath inserted this Article Item it belongs to our Soveraigne Lord the King who is the principall founder guardian protectour and defendour of the liberties of this Church when she suffers in her liberties to assemble and call together the Prelates and other Clergie-men as well within this Realme as of Dauphiny and in the same assembly and congregation of the Gallicane Church so called together there to preside and provide a remedy against such attempts as may be prejudiciall to the said liberties as it shall be said hereafter 5 The three Estates assembled at Tours the yeare 1483 in their Remonstrance presented to the same King Lewes th' eleventh say thus That the king by reason of his crowne as well of common right as by the consultation and request of all the Church of France and Dauphinie is as the former Kings his predecessours were the protectour and defendour of the holy Decrees liberties and franchises of the Church of his Kingdome and Dauphinie 9 According hereunto every time and as often as there have been any troubles or disorders in the Church or when any question was about proceeding to some greater reformation the Emperours and Kings have put their hands unto it and have applyed the remedie either upon their owne meere motion or at the request of others Which is verified by the example of Kings Hezekias Who in the first year of his reigne in the first moneth opened the doores of the house of the Lord and repaired them and hee brought in the Priests and the Levites and commanded them to sanctifie the house of the Lord and carry forth the filthinesse out of the holy place and the Levites rose and they gathered their brethren and came according to the commandment of the King by the words of the Lord to cleanse the house of the Lord. The same Hezekiah cast out idolatry which by little and little had crept into the Temple of God He removed the high placesâ— and brake the images and cut downe the groves and breake in pieces the brason Serpent that Moses had made for untill those dayes the children of Israel did burne incense to it The book of the Law being found after it had beene a long time lost King Iosias commanded Hilkiah the High Priest and some others to goe to Huldah the Prophetesse to enquire concerning this booke Having heard their report after their returne he went up into the house of the Lord and all the men of Iudah and all the inhabitants of Ierusalem with him and the Priests and the Prophets and all the people both small and great and hee read in their eares all the words of the book of the Covenant which was found in the house of the Lord. And he made a covenant before the Lord to walke after the Lord and to keepe his commandements and his testimonies and his statutes with all their heart And he commanded Hilkiah the high Priest and the Priests of the second order and the keepers of the doore to bring forth out of the Temple of the Lord all the vessels that were made for Baal And he put downe the idolatrous Priests whom the Kings of Iudah had ordained to burne incense and destroyed their altars And did other such like things concerning the order and discipline of the Church 7 Let us prove this further by the example and â—estimonies of Popes The fourth Councell saith Zonaras was called by reason of thâ— instance which was made by Leo Pope of Rome and Anatolius Patriarâ—h of new Rome to the Emperour Martian that the opinions of Diosâ—oruâ—â—â—tâ—iaâ—ch â—â—tâ—iaâ—ch of Alexandria and Euâ—ychâ—s might not remaine unexamined and that the crime committed against St. Flavian might not bee slurred over under hand Pope Boniface the first intreats the Emperour Honorius in his letters to take order that they doe not proceed to the Creation of the Pope by corruption which gave him occasion to make a Decree thereupon Wee have related the passages of it in another place 8 Pope Gregory the first writ to Aldebert King of England in these termes Most glorious Sonne bee diligent to preserve that grace you have received from God make haste to extend the Christian faith over all people which are subject to you multiplie the zeal of your uprightâ—esse by their conversion take away the service of Idols pull down the eâ—ifices of their temples exhorting thereunto the minds of your subjects in great uprightnesse and purity of life edifie them by frighting by flatteringâ— by correcting them that so you may be rewarded in heaven by him whose name and knowledge you shall have to dilated upon earth The same St. Gregorie writ to Childebert King of France in this manner For as much as wee have beene informed of certaine things which doe highly offend Almighty God and doe greatly disgrace the honour and reverence of the Priesthood wee intreat you to take order that such things may be mended by the censure of your power And to King Theodebert thus This would be absolutely profitable for your Kingdome if that which is committed against God within your Dominions were corrected by such reformation as your excellence shall applie unto it 9 The Acts of a Synod holden at Rome in the year 876 about the Coronation of Charles the second son to Lewes the Gentle containes a certain proposition made by Pope Iohn the eight where amongst othâ—r things speaking of Charles the Great he saith of him That having raised all the Churches to a mighty greatnesse hee had alwaies this wish and desire of reforming aâ—d restoring the holy Roman Church to her first order and estate Hee addes presently after That hee learned the state of Religion out of holy writâ— which he found to be unhusbanded and overgrowne with the thornes of divers errours and abuses That he trim'd it up with knowledge both divine and humane purg'd it from errours and furnisht it with sure and certaine doctrines 10 Iohn of Paris a Fryer Predicant who lived about the year 1280 saith That it is lawfull for a Prince to repell the abuses of the spirituall sword in such sort as hee may proceed by the Materiall sword especially when the abuse of the spirituall sword turnes to the prejudice of the common-wealth the care whereof belongs unto the Kings otherwise hee should beare the sword in vaine 11 Claudius Espenseus a Doctour of the Sorbon in an epistle of his printed 1547 where he treats of the institution of a Prince teacheth that it belongs to a Prince to take upon him the reformation of the Church then especiallie when shee is full of so great abuses errours and heresies And upon the Epistle to Titus I will here adde one thing saith he for feare lest any bodie should thinke that it concernes Princes onely that prophane things succeed well and not sacred too as if they were only keepers of
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
I know what the matter is when the fires were kindled over all France to burn them all alive Religion was then a case Royal. But when the question is about a necessary reformation of the Clergie or Monkery or sending Pastours home to their flocks this is a case Synodicall or Papall For as I remember I have heard some distinguish so and those eveâ—â—â—â—hops themselver As if Princes were no more but miâ—isters of another zeal ofttimes indiscreet and without knowledge that I say not executioners of cruelty and not rather Guardians Protectours and externall defendours of all the constitutions of the Church as her children 3 But let us here shew by good examples and sufficient testimonies in what fashion Secular Princes have medled with such things as concern the Church The first lesson which God gives the King which would bee established over his people is this It shall bee when he sitteth upon the throne of his Kingdome that hee shall write him a copy of this law in a booke out of that which is before the Priests and the Levits And it shall be with him and hee shall read therein all the dayes of his life that he may learne to feare the Lord his God to keepe all the words of this law and these Statutes to do them According hereunto the Lord speaks thus to Ioshua whom he had chosen to be the governour of his people after Moses This booke of the law shall not depart out of thy mouth but thou shalt meditate therein day and night that thou mayest observe to doe according to all that is written therein 4 Let us now see how these Kings and Governours behaved themselves in the ancient Church and the power which they tooke upon them without rebuke or to speake more properly with approbation David gathered together all the Princes of Israel with the Priests and the Levits Of which twenty and foure thousand were chosen to set forward the worke of the house of the Lord and six thousand were Officers and Iudges Moreover foure thousand were Porters and foure thousand praised the Lord with instruments which hee made to praise therewith And David divided them into courses among the sons of Levi. And a litle after And Aaron was separated that he should sanctifie the most holy things he and his sons for ever to burne incense before the Lord to minister unto him and to blesse his name for ever All this concernes the discipline of the Church and yet all was done by the conduct and command of David King Solomon built the Temple of the Lord in Ierusalem by the speciall appointment of God The son that shall bee borne to thee shall bee a man of rest Hee shall build an house for my name David would have built the temple himself but he was forbid by the Lord because he had shed bloud King Ioash repaired it afterwards And it came to passe after this that Ioash was aminded to repaire the house of the Lord. And he gathered together the Priests and the Levites and commanded them to goe out unto the Cities of Iudah and gather out of all Israel money to repaire the house of the Lord from year to year And when the Levites hastened not the King called for Iohoiadah the chief and said unto him Why hast thou not required of the Levites to bring out of Iudah and out of Ierusalem the collection And at the Kings commandement they made a chest into which every man brought his share and portion that Moses had laid upon them This money was brought unto the King and distributed by him and the high Priest amongst those that wrought about the temple 5 The Emperour Charlemaigne who was as great in Ecclesiasticall policie as in feats of armes speaks on this wise to the Clergy of his Empire in the preface of his Capitulary We have sent our Deputies unto you to the intent that they by our authoritie may together with you correct what shall stand in need of correction We have also added certaine Chapters of Canonicall ordinances such as we thought to bee most necessarie for you Let no man I entreat you thinke or censure this pious admonition for presumptuous whereby wee force our selves to correct what is amisse to cut off what is superfluous and briefly to compact what is good But rather let everie man receive it with a well-willing minde of charitie For wee have read in the booke of Kings how Ioas endevoured to restore the Kingdome which God had given him 〈◊〉 â—he service of the true God by going about it by correcting and admonishing it 6 Wee have elsewhere said that he discoursed himselfe about points of divinitie at the Councel of Francfort Nor doe wee ever finde so many Synods holden as in his reigne and all by his command which is a faire prâ—siâ—ent for his successors By his command saith Regino there were Councels celebrated in all parts of France by the Bishops about the state of the Church One was held at Mentz another at Rhemes a third at Tours a fourth at Cavaillon a fift at Arles and the severall Constitutions which were made in every one of them were confirmed by the Emperour Besides these five which were held in the yeare 813 namely but one yeare before his decease hee called one at Worms the year 770. One at Valentia in 771. Another at Worms in 772. Another at Genes the yeare 773. Another at a place called Duria in 775. Another at Cullen 782. A third at Wormsâ— 787. Another at a place called Ingeluheym the yeare 788. And a Generall one consisting of all the Westerne Churches at Francfort the yeare 794. Besides others which may be observed out of histories 7 See now then how Kings have a commanding power over the Clergy how they make Ordinances about such things as concerne Ecclesiastical discipline how they ingage themselves in such matters above all others yet not so as to minister in the Church to offer incense or such like For this belongs properly to the Church and cannot bee taken from them This is the reason why King Hezekiah speaks thus to the Priests and Levites when hee exhorts them to doe their dutie My sons be not now negligent for the Lord hath chosen you to stand before him to serve him and that you should minister unto him and burne incense Hee calls them sons or children that wee may observe so much by the way whereas our Canon law on the contrary saith that Bishops are the fathers and masters of Kings and Princes as wee have â—eene already It is not lawfull for Princes so much as to touch this mysterie and this is the reason why King Vzziah was smitten with a leprosie because hee had taken upon him to offer incense upon the altar and the Priests withstood him From whence our Popes make a wonderous â—â—range consequence when they concluâ—e from hence that Kings and Emperours cannot
Churches he preferres from a lesser honour to a greater as by erecting a Metropolitane Church in stead of a Bishoprique thereby adorning either the virtue of the man or the place And that I may speake in a word save onely the administring of the Sacraments the Emperour represents all the Pontificiall priviledges when hee proceeds in a lawfull and Canonicall way CHAP. VII Of other prejudices concerning the King of France and his kingdome in particular and first of precedence 1 ALL the former discourses are interwoven of the rights and liberties of the Realme of France and the Gallicane Church There remaines yet some few which we could not conveniently ranke elsewhere whereof wee shall speake in this place and shew the prejudice which is done unto them by this Councell The first shall bee about the precedence which belongs unto our Kings before all others which notwithstanding was denyed unto them before him of Spaine and put in compromize not without an apparent blemish to their sacred Majesties The Councell indeed did not judge for the King of Spaine but they declared That they meant not that any prejudice should accrue to such as had not taken their place But inasmuch as they suffered that controversie without passing their sentence upon his side who had both the right and the possession and to whom the Church of Rome is so much beholden This is sufficient cause of complaint Thus another mans right is encroached upon by degrees it is enough at the first that a doubt is made of it hee may in time gaine upon it seeing he is already as it were in a parity The libels which were put in concerning the precedence of the King of Spaine doe sufficiently shew us what prejudice the toleration of a Councell hath done unto our kings But it is expedient that wee relate the whole story of what hath ensued upon it 2 The Count de Luna Ambassadour of King Philip of Spaine when hee came into the Councell the 21 of May 1563 seeing the Ambassadors of France had taken their place immediately after the Emperours went and â—ate downe next to the Secretary of the Councell making this protestation in Spanish Albeit the first place after the Emperours Ambassadours belongs unto me as I am such an Ambassadour both in this place and company and every other which before all things I do here declare and protest yet not to disturbe the things which are here handled nor give occasion to any man to retire I take that place which is assigned unto me using it for the present and will use it so long as I shall thinke fit yet in such sort that I would have every man to know well which I doe here declare and protest that this my modesty and the regard which I have to the wholesome consultations of this sacred Assembly in generall can bee no prejudice to the dignity majesty and right of King Philip my master nor his posterity and that this right shall be no lesse saved and entire unto him for the present or upon other occasions which I would have reserved unto him both in these actions and all other in all other places and at all other times to the intent that they may alwaies prosecute and maintaine these rights and this claime as well as if that place which belongs unto me here and at this time as an Ambassadour of such quality had been granted unto me disclaiming any thing that shall be objected by any man against this my asseveration and protestation so as it be no wrong unto them Which protestation of mine contained in this libel I desire the most holy Fathers may be written and inserted among the Acts of this most sacred Synod and that it may not bee lawfull to publish the Acts without it and a copy thereof to bee given unto mee signed by the Secretary 3 The French Ambassadours without being dismayed at this Rodomontado modestly answered in these termes If we should have sate to day in this Councell in any other place than our ancestors formerly did and even of late in the Councell of Constance and the last of Lateran where they sate next after the Emperours Ambassadours before the Ambassadors of all other Princes and if this new place which the Count de Luna the most illustrious Ambassadour of his Catholique Majesty doth now goe to take out of the ranke of the Ambassadours could bring any prejudice to us or other Ambassadours it were your part most holy Fathers which doe here by your noble oâ—fice represent the Church Catholique to cause us to be ranked in our ancient order or else proceed against us by Evangelicall deâ—unciations But seeing that you are silent in the matter and that the illustrious Ambassadours of his Imperiall Majesty to whom the case is common with us doe not oppose themselves against this innovation we who doe this day preserve the possession of their ancient right unto our Kings amongst the ranke of Ambassadours being placed next to the Ambassadour of his Imperiall Majestie and who make no doubt of the faith amitie and affinitie of Philip the most great and most puissant Catholique King to Charles his brother the most Christian King who is under age wee onely desire of you that you would so conceive of what hath beene done and said this day by the most illustrious Count de Luna that no prejudice may accrue to the ancient prerogative and perpetuall possession of the most Christian King and that you would command that this also be inserted in the Acts. 4 See here the beginning of the quarrell which showes a resolution on the Spaniards part to change his place and gaine the Prioritie Wherein he was backed out by Pope Pius the second who using all the power hee had in this Councell sent a peremptorie command from Rome that the Ambassadours of both the Kings should be censed at the same time Heare what Onuphrius Panuinus saith of it At the Councell of Trent there was a great controversie because the Ambassadours of the two Kings were censed at the same time by speciall command from the Pope Hee saith truly that there was a great controversie for the Lords of Ferriers and Pibrac tooke the Pope up for it with prettie tart termes saying amongst other things as appeares by the Oration delivered toward the end of September 1563. That in stead of bread hee gave his eldest sons Scorpions that they laid the blame of all that was done to their Prince upon him that he robb'd his eldest sonne of the honour which is due unto him that hee arrogated unto himselfe power and authoritie over the Councell that he prescribed unto it what it shall doe that the French will not acknowledge him for Pope and see what they did After that the French Ambassadours had commanded the Prelats of France that they should depart from the Councell they themselves retired to Venice 5 Wee will now set downe some passages out of the
they commenced every one of them for twenty pound rent given unto them by legacy by the said Ioan. And the said Court did reserve unto it selfe the power of disposing of the said revenew for the soule of the said Ioan deceased Pronounced the twenty fourth of March 1385. Amongst the Arrests num 28. In the same Collection I finde written December the fift 1371 it was said that the Augustine Monkes should not possesse any immoveable goods The sixt of Aprill 385 't was said that the Mendicants should not possesse any temporall goods in the booke of the Counsell And as for the priviledges granted by the Pope hearke what the Collection of the liberties of the Gallicane Church saith of them The Pope cannot allow or dispence with any man for holding and possessing any goods within this Realme contrary to the lawes statutes or customes of the places without leave and licence from the King This is further confirmed by an Arrest of Paris made in the yeare 1391 whereby a certaine Carmelite called Gratian was declared not to bee receiveable in a suit which he made for a certaine thing issuing out of an immoveable for the holding whereof hee was dispensed with by the Pope They were also forbid to hold secular benefices and Ecclesiasticall dignities by the letters patents of Charles the sixt bearing date the nineteenth of February 1413 notwithstanding the Popes dispensations 4 The Councel hath made a law concerning the farming out of Ecclesiasticall goods and lands whereby such leases as are made for many years and for payments before-hand are declared not to bee valid to the prejudice of successours Commission is also granted to the Provinciall Synods or those whom they shall depute to judge and declare invalid such leases of Ecclesiasticall goods as were made within this thirtie years for a long time or as it is in some places for nine and twentie yeares or twice nine and twenty years Whereupon it is urg'd in the first place that it belongs to Kings and Emperours to make lawes and Ordinances about the alienation or letting out of Ecclesiasticall goods as they have alwaies done in so much as all our books are full of examples in this kind And what Popes and Councels tooke upon them in this regard was by their toleration In the second place it doth not belong to a Councel to nominate and chuse Iudges for the deciding of controversies arising about such farmes and leases Nor doth it belong to the Ecclesiasticall Iudges to take the cognizance of them but to the secular And so it hath alwaies beene accustomed in France whereof there are an infinite number of Arrests given out in such cases 5 It is ordained by the sixt Chapter of the second Session of the same Councel that the commutation of last wils and testaments ought not to be admitted but upon just and necessarie causes See this is very faire but put case the Pope ordaine otherwise then there is no remedy For it is only said That the Bishops as Delegates for the See Apostolique shall take knowledge summarily and extra judicium whether there have beene any errour or false information They cannot therefore judge whether the cause bee lawfull or no. See here then a grievance common to all Christendome Behold yet another more particular to France which is that the Lay Iudges are herein deprived of their jurisdiction to whom it belongs to judge of the justice of the cause in matter of such commutations excepting the case of conscience See what is said in this point in the Collection of the liberties of the Gallicane Church The Pope cannot convert any Legacies though they be given to charitable uses or to any other use contrary to the will of the deceased save only in such cases when the will cannot be formally observed or where there is a necessitie of making such commutation alwaies provided that in such cases it be equivalent to that which was ordained by the testament or other disposall made by the last will of the deceased the cognizance wherof notwithstanding belongs to the Lay Iudge except for the case of conscience Now suppose the Pope chance to make any such commutations without a substantiall and lawfull cause it belongs to the Court of Parliament to reforme them upon appeals as from abuse which are wont to bee put up in such cases who must have their hands tyed if this Councel be admitted CHAP. X. Of the command laid upon Ecclesiasticall persons to receive this Councell and of other grievances 1 ANother great prejudice is offered unto the Royall dignitie by this Councell when it commands all Clergie men forthwith to receive in publique the Canons and Decrees thereof and those to whom the care of Vniversities doth belong to effect the same and bring it so about as that Maisters and Doctors and others publiâ—uely teach what is contained in the Canons of it and binde themselves by a solemne oath to the observation of this Decree In this they take too much upon them that they wold have al things put in execution without the Princes consent or privitie and perhaps even against his will It hath alwaies belonged to Kings and Emperours to approve the Canons and Decrees of Councels Wee have proved it in the third Book by many plaine examples taken out of all antiquitie 2 Wee wee will adde in behalf of France that the Councell of Basil used another manner of respect towards our King when at two several times it sent forth Deputies with expresse commission into this Kingdome to get their deliberations â—o bee received here which it could not fully obtaine but some of them were rejecâ—ed at that time when the Pragmatique was a making as appeares by the narration of it And the Cardinals which came thither the second time to get him to allow the deposition of Eugenius the fourth and the creation of Felix the fifth in his place and stead returned from thence without effecting any thing as appeares by the act of protestation set forth by King Charles the seventh of which wee have spoken towards the beginning of the first Book We say then that to give out such commands to Ecclesiasticall persons and Vniversities is all one as to set up two Monarchies in France and other Kingdomes All this should bee referred to Kings and Princes and they by their authoritie after they have approved and allowed of the resolutions of a Councell should cause them to bee put in execution and observed The late king Henry the third and the States of France assembled at Blois in the yeare 1579 knowing this very well made certaine lawes concerning Ecclesiasticall discipline in some sort conformable to these of the Councell of Trent in many matters without making any mention of it Whereby they give us to understand that the proceedings of it displeased them and that they would not receive the Decrees and Constitutions thereof 3 But the worst is yet that such as are refractorie