wee must doe them right some other way The glossator of the Canon law decides the first point when hee saith That he which hath been lawfully obstinate that is against whom the formalities required in case of obstinacy have beene observed before a judge which is suspected and refuseable is not bound to send a proctour there to plead the causes of his suspition nay it is not necessary to protest but even eo ipsâ— inasmuch as hee hath occasion to make refusall all the processe is avoidable The reason whereof in my opinion is because the judge that knowes himself to be suspected should have the modesty to refuse himselfe and not stay till it bee said unto him Forbear So the old Romans used to doe and it is the practice in France which hath been prescribed to us by our ordinances recusations have ever beene admitted with ease and oftentimes it hath been sufficient to sweare that the party refused was an injust Iudge without rendring any further reason It was to be wished that the Pope had asked his own conscience and examined whether he could be judge in the case in hand seeing that he was accused and taken for a party himselfe and he also presecuting the condemnation of his enemies those whom hee had pursued with fire and sword and condemned already by his Buls Which seeing he did not doe he is therefore the more refuseable and there is a flat nullity in all his proceedings 2 In the first place the Princes of Germany assembled with their Divines at Smalcald the yeere 1537 after they had proposed by the Vicechancelour of the Emperour Charles the fifth Matthias Held aâ—â— declared the reasons that withheld them from repairing to the Councell they published a writing to that effect the contents whereof were that a Councell where the Pope and his adherents have the commanding power ought not to be holden legitimate That the power of judging belongs not onely to the Pope and the Bishops but to the Church wherein are comprehended Kings and other States That the Pope in this case is a party That it is not only his power and excesse which is called in question but his lawes and doctrine and he is accused of heresie and idolatry That he hath already condemned those whom he intends to judge in the Councell That the Convocation of it is not such as was promised it should bee namely in a place of freedome and safety and that in one or other of the Cities of Germany But because the author of this narration may be suspected by some I will produce his adversaries Pontanus speaking of this assembly saith that the Protestants after much deliberation made answer that they would never give way to the keeping of the Councell in Italy nor that the Pope and his confederate should be presidents of it That the Pope and his favourits should condemne their doctrine however sound That they would not submit themselves to his tyranny 3 Laurence Surius is yet more â—ull for speaking of that very assembly hee saith The twenty fourth of February all the confederates made answer at large which answere I would here set downe if it were to any purpose They talked much of the Councell which they would have to be free and that Luther forsooth and his companions should have as much power and authority in it if not more as the Pope of Rome although it bee directly against the customes of antiquity And this they said not without many bitter taunts of his Holynesse saying that he had broached and at that present defended a doctrine not only contrary to the word of God but also to the ancient Fathers and Councels And anon after The last of February the Protestants made answer at large to the points proposed by Held but I am loath to set them downe The summe of all that they said is in their answere to the Councell set forth by the Pope For they plead that the authority of judging belongs not only to the Pope the Bishops but also to the Church in which Kings and Princes are comprized They might as well say Hucksters Catchpols Druggists Apothecaries and such like As if it belonged to Lay men to a Cook or a Cowheard to intermeddle with the questions and decrees of the Church 4 Henry the eighth King of England although he was then a Catholique made the like protestation for heark what Surius saith of him About the same time the King of England set out a booke wherein he shewed the little account he made of the Pope of Rome and that he would neither come nor send his Ambassadors to the Councell which the Pope had called and hee ever and anon put in good store of jerkes at St. Peter Considering what we have heard from Surius that which Sleidan relates will not now be suspected 5 Presently after saith he the King of England put forth a book in the name of himselfe and the Lords of the Land wherein he complained that the Pope took upon him to call the Councell a thing not in his power to doe and that he called it then when there was open warre betwixt the Emperour and the French King Besides the City of Mantua where he appointed it should bee is no sure place for all parts nor yet convenient For his part he desired a Christian Councell but hee would not goe to the Popes nor yet send his Ambassadours for their common practice is in such assemblies to oppresse Christ and his truth for their owne advantage Nor hath he any thing to doe with the Bishop of Rome whose Edicts and commandements doe concerne him no more than any other Bishops The custome was to call Councels by the authority of the Emperour and Kings and it were fitting that custome were put â—n ure againe especially in these times when the Pope hath so many vehement accusations laid against him And yet it would cost a man his life if any one shuold be so fool-hardy as to reprove him and accuse him to his face unlesse it were in a lawfull Councell Nor he nor his are secured by safe conduct and say he were there are such apparent dangers as it is not fitting hee should come there for it is no new thing with the Popes to breake promise and to staine and imbrue themselves with the bloud of innocents And however other men may safely go thither yet for his part he cannot and that for reasons wel known for the Pope layes snares for him and hates him mortally putting him out of favour with other Kingâ— as much as he can and this for no other reason but because hee hath caâ—t off his tyranny and withholden his Peter-pence which mads him so and the rather because hee is afraid lest other Kings by his example may ere long doâ— the like At this instant the Councell is prorogued till the first of November without any mention where it shall be
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
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
those as answere these to whose graver judgements hee submits both himselfe and these his weake endeavours in a modest confidence of their candid interpretation AN ADVERTISEMENT to the READER prefixed before the FRENCH Copie THis Booke is not for those that have made separation in point of Religion but for such good Catholiques as desire to see an holy reformation of it Here you shall finde the demands that were put up to that end at the Councell of Trent by the Emperour the King of France and other Catholique Princes not Protestants and the small regard that was had of satisfying them Here you shall read the tricks that were used both in this and some precedent Councels to wave that reformation which was so earnestly sought after and withall you shall understand a good many of the points wherein it consisteth The method which the Authour hath used may bee set downe in few words Hee makes two kinds of nullities one in the forme and manner of proceeding which he delivers in the first Book the other in the matter And these later consist either in denyal of justice which is handled in the second Book Or in the injustice of the Decrees themselves concerning which he sets downe two maxims The first that they advance the Pope to an unlawfull power stripping Councels Clergy yea Kings and Princes of that authoritie which belongs unto them to transferre it upon the Pope and this is proved in the third fourth fifth and sixt Books The second that they pull downe the honour and authoritie of Christian Princes and Secular powers which is treated of in the last Book See here the subject wherein many learned men both Devines and Lawyers have travailed long agoe before the names of Luther and Calvin and such as embrace their doctrine were ever heard of which doctrine is not here defended nor shall you find any thing that concernes them in particular The ancient liberties of the Church are represented here in divers passages the very same with those that carry now the name of the Gallicane Church whither they made their retreat when they were chased out every where else yet not without danger of being lost and that not in part but in whole by a blow from Trent VVhich would plunge us again into those miseries wherof our Ancestors begun to bee sensible long agoe which they have left unto us by tale upon record in the ancient Histories and Edicts of our Kings the Rolles of the States General the Remonstrances of the Courts of Parliament and many other ancient Monuments Nor doth it lesse concerne the interest of our Soveraigne Lord the King whose honour and dignitie are shamefully disgraced his authoritie vilified his power rebated with a generall prejudice to all the French who in particular are egregiously wronged in divers things as may be fully knowne from this discourse You must further observe that the Authour was not willing to meddle with what properly concernes divinitie as unwilling to transgresse the bounds of his profession or speake any thing upon this occasion of those demands which were made by Catholique Princes in this Councell touching the reformation of abuses about Images Pilgrimages Reliques of Saints keeping of Holy dayes convenience of the marriage of Priests Communion in both kinds celebration of divine service in a vulgar tongue and such like contenting himselfe with a bare mention of those demands and no more A SVMMARY OF The Chapters BOOKE I. Chap. I. Pag. 1. 1 THe many abuses of the Pope and Court of Rome The occasion of calling this Councell How the Popes sought meanes to decline it How politiquely they carried themselves in it in the election of thâ— place admittance of persons and passing of Decrees The great account they make of it 2 No noâ—â—lâ—y 〈◊〉 oppose the Pope or a Councell Ancient bickerings of Popes with the Emperours of Germany With the Kings of England 3. c. With the Kings of France 8 Where the Kings were assisted by the Parliaments Vniversities Devines Lawyers Prelates and other Clergie both severall and in Councell 9 10 Councels against Popes 13 Harsh letters to Pope Nicholas 14 15 Councels suborn'd by Popes against Princes 16 The Councell of Ferrara or Florence not admitted at all in France 17 That of Basil but in part That of Lateran totally rejected The Councell of Trent more usurping than any than all these Chap. II. p. 12. 1 SEverall instances made to the Kings of France for the receiving of this Councell but still rejected As to Charles the ninth by the Pope the Emperours and other Princes 2 His answer to their demand 4,5 Instances made to Henry the third by the Clergie of France With severall Orations to that purpose 9 His answer to the King of Navar. 13 Hee further importun'd by Provinciall Councels 15 All these instances made by the Popes iâ—stigation 16,17 Who use to serve themselves of the Clergie against Princes 19 The rejection of this Councell never objected to this King by his accusers 20 Some things ordain'd consonant some things contrary to this Councell Chap. III. p. 20. 1 THe Pope was a party and therefore could not call the Councell nor be judge in his owne cause 2 According to his owne Canon law Besides there were severall Appeales from him put up by Luther the Archbishop of Cullen the Vnivositie of Paris the Protestants of Germany and therefore he was disenabled from being Iudge of the Appeale Chap. IV. p. 21. 1 THat the Pope stood in need of reformation and therefore incapable of being Iudge 2 Confessed by Pope Adrian 3 By the Councels of Constancâ— 4 Basil and Pisa. Yet nothing reform'd Chap. V. p. 23. 1 PRotestants were condemned before they were called to the Councell and may therefore justly refuse it 3 The Pope knownly hated them therefore they needed not obey his summons 6,7 An enemie should not be a Iudge Chap. VI. p. 25. 1 WArres on foot in the time of the Councell 2 Complain'd of by the Protestants 3 Confest by the Popes 4 Approved by the Councell 5 As the Parman warre 7 And civill warres of France 10 Whereby many were hindred from going to the Councell 11 And therefore ought not to be prejudiced by their absence 12,13 The Councell question'd whether continued or ended Chap. VII p. 30. 1 DEmands that the Councell might be kept in some free place made by the Germans 5 By the King of England 6 By the King of France 7 As formerly by the Pisan Fathers 8 Their Apologie 10 Trent no free place but subject to the Pope 11 Letters of safe conduct no good security 12 Of what consequence the place hath beene anciently reputed 13 By Pope Iohn the 23. 14 Summons to a place not safe are invalid 15 And have beâ—ne so judg'd by Popes 17 And Canonists 18 Where the place of judgement is not safe there may be an Appeale Chap. VIII p. 36. 1 ALL were not called to this Councell that should have beene 2 Noâ—
Peter Daves at the first Trent Councell CHAP. V. That the Pope had passed sentence before and that he was moved with hatred against those whom hee summoned to the Councell 1 COmplaint is also made that the Pope should shew himselfe so passionate that before the calling of the Councell and after that before the holding of it hee condemned the doctrine of those who were summoned to appeare there in judgement and declared them to be heretiques which gave them just occasion of suspition and instructed them to goe wisely and warily about their businesse By reason whereof they say they cannot justly bee blamed for desiring to quit his jurisdiction and making so much adoe about the forme of the Councell and the persons of the judges seeing these are things which must be looked to at first and before wee enter the lists Now that their doctrine was condemned by them who desired to be their judges is verified by the Bull of Leo the tenth bearing date the 8. of Iune 1520 where after he hath reckoned up Luthers opinions concerning the Sacraments of the new testament the Eucharist repentance contrition confession satisfaction absolution veniall and mortall sinnes indulgences the Popes excommunications priests generall councels workes heresies free-will purgatory and the Catholick Church he decrees as followeth Wherefore by the advice and consent of our reverend brethren and by their mature deliberation by the authority of Almighty God the blessed Apostles Peter and Paul and our owne we condemne disprove and totally reject all and every the foresaid articles or errours as hereticall either scandalous or false or offensive to piouâ—â—ars or tending to the seduction of simple soules and contradicting the Catholique truth And we decree and ordaine by these presents that by all faithfull people of both sexes they bee holden for condemned disproved and rejected 2 It may be answered that Pope was dead when the Councell was held and another sat in his stead whereof they needed have no such feare To which we reply that there was indeed an alteration of the persons but not of the conditions nor proceedings For Paul the third when hee begun the Councell at the very same time which he designed for the calling of it declared that the end of it was the extirpation of the Lutheran heresie as appears by a Bull of his bearing date the 23. of August 1535 entitled Deputatio executorum super reformatione Romanae curiae marke the words of it Whereupon we desiring to provide for the Church and to clense her of all her staines have determined to appoint and solemnize a Generall Councell upon earnest and urgent motives which concerne the state of the said Church and See Apostoliqueâ— and the extirpation of the plaguy Lutheran heresie and others having already dispatched our Nuncio's to Christian Princes for that purpose 3 This Bull came to the Protestants ear for heark what they say of it in the declaration which they made at the assembly of Smalcald 1537. Besides not only because the Pope is a party but seeing hee hath already condemned our doctrine long before hee is growne more suspicious And who can doubt what judgement will passe upon our doctrine in his Councell Yea more hee confesseth that the cause of publishing the Councell is that the new-sprung heresies may bee rooted out 'T is true that may beare a larger construction yet there is no question but he meanes of our doctrine seeing it is scarce credible that hee should speake of his owne faults And that it is so he hath published another Bull since about the reformation of the Court of Rome wherein hee confesseth down-right without any flattery that a Councell is called for the rooting out of the pestilent heresie of Luther Seeing the case stood thus they had beene mad to have put themselves upon that Councell to abide the judgement of him who had condemned them already Considering withall that Leo the tenth in the precedent Bull saith how he hath caused their doctrine to bee pronounced hereticall by a conclave of Cardinals and also by the Priours of the religious Orders and by a pretty company of Divines and Doctors in both the Lawes So that they had but even gone to be whipt as Hosius of Corduba to the Councell of Antioch in case they should have refused to subscribe to the determination of the Councell It is a folly for a man to cast himselfe upon such disasters and a peece of discretion to avoid them Maximus patriarch of Constantinople would not be seene at the Councell of Antioch because he foresaw that if he went thither he should be constrained to subscribe to the deposall of Athanasius for which he was never yet blamed by any body To conclude this point it is holden for a ruled case in law that a judge who hath discovered his opinion already may be refused much more hee who hath passed the sentence before he be made judge Adde we hereunto the mortall hatred of the Pope against Protestants the Pope I say who calls the Councell who summons none to judgement but his owne creatures who must preceed there either in person or by his Legats and must be supreme moderator and judge in all things This point of the Popes enmity against protestants and all those who have ridde themselves out of the Popes servitude is so well knowne that it needs no proofe Henry the eighth King of England then a Catholique laid open the hatred of the Pope against him and his subjects as an excuse for not going to the Councell For he saith That the Pope hates him mortally putting him out of favour with other Kings as much as he can and that for no other reason but because he had cast off his tyrannie and had made him loose his yeerly rent and for this cause he could not come thither 4 Henry the second King of France complaineth also how Pope Iulius the third instigated by the ill will which he bore him without any sufficient reason had denounced warre against him during the time of the Councell depriving him thereby of the meanes of sending the Prelates of his Kingdome thither whereupon hee made those protestations which wee mention elsewhere This consideration makes a nullity in the Councell and serves for a lawfull excuse to such as would not goe thither For in this case hee who is summoned to a Councell is not bound to appeare So Athanasius saith Theodoret knowing the hatred of his judges against his cause went not to the Councell of Cesarea Which was purposely called for him and yet no man ever said ill did he 5 Anastasius Bishop of Perrhenue was three times summoned by his Patriarch before he was deposed and yet that deposall was judged unjust by the Councell of Chalcedon after it appeared that he was his enemy 6 Pope Gelasius speaking of the Bishops of Constantinople with whom he had some bickerings saith something which is very remarkable
consisting of Archbishops Bishops Chapters Abbats Deanes Provosts and other Ecclesiasticall persons together with Doctors of Law both divine and humane and other learned men of the Realme and also of the chiefe Lords of France and others of the Kings Councell about the receiving of the Councels of Constance and Basil. I say Synod for so it is called in the act of Appeal of the University of Paris A while after King Lewes the eleventh assembled a Councell of the Gallicane Church and all the Vniversities in the City of Orleans as well to understand the purport of the Pragmatique Sanction as to give direction for the annates of benefices saith the Author before alledged Before we leave France wee will set downe what an English Historian saith of the Councell of Rhemes holâ—en by Pope Eugenius the third â—â—4â— About that time saith he Eugenius Pope of Rome coming into France out of the affection hee bore to Ecclesiasticall discipline set up a generall Councell aâ— Rhemes where he sitting with a great company of Bishops and Nobles there was a pestilent fellow brought before him who being possest with a devill had seduced a great many by his tricks and juglings 30 Spaine can furnish us also with such like examples and assure uâ— that when it pleased their Kings even Lay men were admitted into theiâ— Councels to have a deliberative voice there and to judge of matters 31 This may be collected from the sixth Councell of Toledo holden under King Chiutillaud and by his authority the yeere 654. where in the thirâ— chapter we reade thus Wherefore we decree and denounce with heart and mouth this sentence pleasing to God conformable to our Kings and do furthermore ordain with the consent and advice of the Grandés and honourable persons of his Kingdome c. To the same effect we finde the eighth Councell of Toledo holden under King Recessuinth and by his command subscribed with the signes of fifteene of his Officers King Eringus caused divers of his Lords and officers of the Court to assist at the twelfth Councell of Toledo holden in the yeere 681â— and ordained them for Iudges together with the Bishops to consult of such things as should bee handled there to all whom hee made this exhortation at the opening of the Councell I doe admonish and conjure you in commune both you holy fathers you right honourable of my royall Court whom we have chosen to assist in this holy Councell by the name of God and as you will answer at the dreadfull day of judgement that without all favour or acceptation of persons without any froward wrangling or â—esire of perverting the truth you treat of such matters as shall be proâ—osed unto you with a sound examination and that you expresse them with a more sound judgement His subscription to the Acts of that Councell have these words Great good will accrue to our Realme and people if these decrees of the Acts of the Synod as they were made by our procurement so they bee confirmed by the oracle of our lasting law To the end that what the reverend Fathers and Lords have ordained by virtue of our command may be defendeâ— by our Edict All his Courtiers and Officers are subsigned to the Acts of that Councell 32 The same forme was observed in England for in the yeere 905. King Edward and Plegmond Archbishop of Canterbury assembled a great Councell of Bishops Abbats and other faithfull people in the southerne parts of Englandâ— saith Matthew Westminster 33 In the yeere 1150. King Stephen having done what hee would at Yorke and the adjoyning shires returned towards the southerne parts about the feast of Saint Michael th' Archangell to keepe a Councell at London together with the Bishops and Nobles of England both for the affaires of the Kingdome and of the Church of Yorke which was then vacant 34 The yeere 1170. at the request of the King of England two Cardinals Albert and Theodinus were sent into France from the See Apostolique who having called a great assembly of Ecclesiasticall persons and Noblemen within the territories of the King of England they solemnly admitted him to purge himselfe of the murther of Thomas Archbishop of Canterbury 35 In the yeere 1190. the Bishop of Ely Chancelour of England and Lieutenant generall of the Realme in the absence of King Richard the second who was then at the warre in the Holy Land called the Bishops and Lords of the Kingdome together And presenting them upon the suddaine with the inâ—strument of his Legation hee openly declared himselfe with a great deale of pompe and insolency to be Legat oâ— the See Apostolique 36 Come we backe to the Emperours there we have the example of Othâ— the first who made up the Councell which he held at Rome for the condemnation of Pope Iohn of Ecclesiastiques and Lay men Of which ranke these are named by Luitprandus Of the Nobles Stephanus filius Iohannes superista Demetrius Meliosi Crescentius Caballi marmorei Iohannes Puisina Stephanus de Musa Theodorus de Rusina Iohannes de Primicerio Leo de Camurzuli Ricardus Petrus de Canaperia Benedictus Bulgaminus his sonne Of the communalty Peter Imperiola with all the Roman army And afterwards by their unanimous advice the Emperour pronounced the sentence of condemnation against Iohn and created Leo in his stead by the same advice 37 We have also the example of Henry the third Who saith Polanus having called a Councell at Worms consisting of foure and twenty Bishops and many of the Nobility he there commanded the decrees of Pope Gregory to bee disanulled 38 We may further alledge the example of Popes For Adrian did summon many Lay men to the Lateran Councell holden by him and Charles the great what time he caused him to bee proclaimed Emperour There was a holy Synod called saith a good Author by Pope Adrian of happy memory at the Palace of Lateran in the Church of St. Saviour which was most solemnly kept by fifty three Ecclesiasticall persons Bishops or Abbats together with â—udges Magistrates and Doctors of Law from all parts and also personâ— of all states and conditions of that City and all the Clergy of the holy Church of Rome Who made enquiry concerning the customes lawes and manners of that Church and Empire consulting also by what meanes heresies and seditions might be rooted oâ—t of the Apostolique See and treating of the dignity of the Senate and Empire of Rome seeing that by reason of these thingâ— a foule errour was spread over the whole world 39 In imitation of him Pope Leo did the like in another Councell at the Lateran under the Emperour Otho the first For as much as your â—umility saith he doth humbly desire our Apostleship that dispatching the holy Synod assembled by your advice at the Patriarchall of the Lateâ—an in the Church of St. Saviour and consisting besides of Iudges and Doctors of
it but for countenancing and favouring some body briefly such as that there are more private respects than publique in it Nor was there only a want of French Bishops and Ambassadours there but besides in all the Sessions holden under those two Popes there was but a very small number of Clergy men so that it cannot bee said that it was a generall Councell 4 As for the other Sessions under Pius the fifth from the 18 of Ianuary 1562 till the end of the Councell the Bishops and other Ecclesiastiques of France were there indeed howbeit no great store as also the Ambassadours of Charles the ninth But marke what is urged That which is invalid from the beginning cannot be made valid by tract of time the last Sessions could not legitimate the former nor purge them of that vice which was inherent in them We may adde moreover that the same plea of enmity which was alledged for Protestants holds good also for our Kings of France inasmuch as Pope Iulius the third tooke part with the Emperour against King Francis and Iulius the third with heart and good will made open warre upon Henry the second declaring him to be his enemy whereof he complaines in the forementioned act of Protestation as also that he sought peace and quietnesse by the Lord Tervieâ— his Ambassadour and all other meanes possible but to no purpose CHAP. XI The nullities of the last Sessions AS for those latter Sessions under Paul the fourth it is urged that being built upon a weake and fraile foundation they cannot hold out against a tempest buâ— must of necessity fall to the ground Authorities for proofe of this have beene produced by those that writ before me Besides all the faults and defects of the former Sessions redound unto them and must be reckoned and imputed to them too as also all other nullities which we have hitherto insisted upon seeing they belong as well to the last Sessions as the first Over and above all this we will here adde the complaints that have been made of the inujust proceedings of that Councell The Emperour Ferdinand in his letters written to Pope Pius the fourth May the third 1563 faith Wee have with great griefe of heart been given to understand that in this holy Councell things are not carried in that order and fashion as wee and all devout people could wish and which the miserable state of the Christian common-wealth and our distressed religion might justly require which growes lesse and lesse every day it being to be feared that if convenient remedies bee not presently applyed the issue of the Councell will bee such as will minister scandall and offence to all Christendome and occasion of laughter to such as have cast off their obedience to your Holynesse and the holy Apostolique See and of maintaining with greater obstinacy than ever those severall opinions repugnant to our faith which they have already embraced And a little after Alas what a pitifull thing it is that the Fathers and Doctours in the Councell should begin to abandon themselves to quarrels and contentions to our great losse and discredit and to the scorne and derision of our adversaries 2 Arnalt Ferriers President in the Court of Parliament of Paris in that oration which he made in the Councell September the 22 1563 assisted by the Lord of Pibrac complaines thus That the Councell did not set about the reforming of the Church as they ought to doe That it was not the reformation of those which are dead or those which shall come after which was demanded Of whom then I will not tell you but it is easie to collect by enumeration If any will reply that there have beene certaine decrees made concerning reformation and that by them satisfaction is given to such things as were demanded We answer that they might indeed afford sufficient content if one thing might be paid for another without consent of the creditor That there was a great deal of stir about reforming those things that needed not That Kings and Princes were hereby deprived of their rights That censures and excommunications had been denounced against them That the liberties of the Gallicane Chuch have been beleaguerd whereupon according to the command which they had received from their Prince they were constrained to oppose themselves as they did 3 I have seene the letters of King Charles dated August the 28. 1562 written to his Ambassadours the Lords of Ferriers aud Piâ—rac wherein hee commandeth them to retire from the Councell and to cause the Bishops of France to retire also In another oration of his spoken about the end of the same September complaining of the wrong done to the French King touching precedency hee said That the French would not acknowledge Pius the fourth for Pope and that according to the command which they had received they charged the Bishops and other Ecclesiastiques of France to retire themselves and depart from the Councell They were so hot then that the Councell was upon the point of inditing them yea they had entred the action when they went to Venice from whence they writ a letter to the Lord Cardinall of Lorrain that stayed at Trent dated the 24 of October 1563 wherein they complaine unto him that some French Bishops blamed their proceedings and amongst others the Archbishop of Sens who had said that it was all one as to turn Protestant that is Heretique which they stranged very much at seeing they had done nothing in that matter but by speciaâ—l command from the King And in the letter which they writ to King Charles from Venice the 25 of November 1563 they certifie him of their departure from the Councell according to his command telling him particularly the great motives they had of so doing 4 The nullity of their proceedings shall more plainly appeare by such reasons as we shall urge in the following Books where wee shall shew how this Councell hath not had so much regard to the justice of the maine demands put up by Catholique Princes as to assert and augment that injust power which the Pope hath usurped over the Church and secular States and that it hath even trampled under foot the right of our Kings and the liberties of the Gallicane Church CHAP. XII That in regard of the protestations made by those that complainâ— of this Councell their right remaines entire 1 BUt before we passe to the handling of such points as concern the ground of the matter it is fitting we proceed to shew that there is nothing that stops our entrance or can hinder our passage that there are no pertinent or approveable reasons for the rejection of our plea. Amongst such as have reason to complaine some say they were not heard others that if they were yet that is no hindrance but the judgement may be reiteratedâ— So then here is the question if so be they may have a hearing whether there must be a Councell assembled againe or
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
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
by the judgement of God by reason of the sinnes committed by the Emperours the consciences of Princes and people binding them to make resistance against them 5 The Clergy of Liege in their Apology against Paschal the 2 who had commanded Robert Earle of Flanders to make warre upon them and had excommunicated them because they would not abandon the Emperour Henry the 4 How comes this to passe say they that Pope Paschall not content with the spirituall sword alone sends his Champion Robert to spoile the lands and inheritances of the Church which if they must needs be destroyed ought to bee so by the Edict of Kings and Emperours who beare not the sword in vaine 6 S Bernard exclaimes mightily against the Popes dominion and gives good advice to Eugenius the 3 about this particular where he tells him amongst â—ther things You were made superiour to others for what I pray not to domineere I trow Wee therefore having a conceit good enough of our selves doe not yet remember that any commanding power was given unto us but that a ministery was laid upon us You must consider that to doe the worke of a Prophet you stand in steed of a weeding hooke not of a Scepter Hee saith in another place This is plaine that dominion is prohibited by the Apostles goe you then I pray you and if you dare usurpe either the Apostleship as rulers or the power of ruling as the Apostles The one of the two is forbidden you if you will needs doe both you loose both Doe not thinke that you are exempted out of the number of those against whom God makes this complaint They have reigned but not by me c. Hee hath more concerning this point but this shall content us 7 Venericus Wercellensis in his book of the unity of the Church saith That the sacerdotall judgement hath no more but the spirituall sword which is the word of God And speaking of Hildebrand that is of Gregory 7 But Hildebrand saith he and his Bishops have doubtlesse challenged to themselves the very top of regall Authority yea they have usurped the function of both jurisdictions insomuch that the Kingdome is fully in their power or where they are pleased to bestow it being growne more perverse by reason of this great prideâ— so that they can neither looke to the one nor the other neither the Priestdome nor the Kingdome considering that no one man is sufficient to discharge either of the two they being such weighty imployments But however hee is neither Christian nor Catholique that contradicts the Gospel and despiseth the doctrine of the Apostles which saith Give to Cesar the things that be Cesars and to God the things that are Gods He that serveth God meddleth not with the things of the world Feare God honour the King Be subject to every humane creature for Gods sake c. He urgeth many other reasons and places out of Scripture which to set downe might be troublesome 8 A German Abbat who writ about 1â—50 speaking of the excommunication of the Emperour Frederick the 2 whom Pope Honorius had also deposed from the Empire This sentence saith hee being noised abroad into the world some Princes and divers others tooke it ill saying that it concerned not the Pope to set up or pull downe the Emperour but only to crowne him after he is elected by the Princes 9 An English Historian makes an observation herereupon which may much import all Princes One thing saith he vexed all the Princes and Prelats weighing the future dangers by the foresight of their understanding that was that however Frederick had sufficiently deserved to be deposed and deprived of all honour yet if the Popes authority by Gods permission deposed him so as he could not relieve himselfe the Church of Rome abusing the grace of God would grow hereafter to such an intolerable height and pride that she would depose Catholique Princes though just and innocent yea and Prelats also upon sleight occasionsâ— or would cause them to be deposed and disgraced and speaking haughtily and boasting themselves however descended from low degree they would say Wee have trode under foot the great Emperour Frederick and who art thou that thinkest to withstand us 10 The Pope having excommunicated King Iohn of England and put his Kingdome in an interdict compelled him to become a vassale and tributary to the See of Rome Whereupon Philip Augustus King of France gave him to understand that it was an unjust thing and more than he could doe wherein he was seconded by the great Lords of France as we have said in the beginning of the first Booke 11 In the reigne of S. Lewis ann 1247 what time as it is probable hee was gone in the Holy warres the Nobles of France finding themselves vexed and troubled by Pope Innocent the 4 made a League and set forth a declaration against him where they say amongst other things That the Clergy pointing at the Pope swallow up and frustratâ— the jurisdiction of Secular Princes so as by their lawes the children of slaves passe judgement upon free men and their children Whereas by the Secular lawes of our Kings and Princes they ought rather to be judged by us 12 The yeere 1244 the Prince of Northwales being a vassaile of the King of England put himselfe and his Princedome into the protection of the same Innocent who received him by the mediation of a certaine summe of money promising him to shake off his royall yoke Thâ—se things saith an English Monke being come to the knowledge of the King the Lords of the Land and other Princes aliens they were much displeased at him and abhorring the covetousnesse of Rome they perswaded the King of England to put it to a battell to curbe the upstart insolence of such an ungratefull person The same Pope Innocent the 4 after the death of Câ—â—rade King of Sicily and Apulia seized almost all the Kingdome into his hand and entred upon it with an army Which the chiefe of the Countrey perceiving saith the same authour they were vexed at it and setting upon Memfred bastard son to the Emperour Frederick they adhered unto him and did him hâ—mâ—ge 13 Philip the Faire being excommunicated by Boniface who pretended to be Lord Regent of France was so borne out by his subjects that when hee demanded their adviceâ— how he should demeane himself and whether he should put up that wrong they made answere uâ—to him commending his good intention That they were ready not onely to spend their goods which they there wholly offerd unto him for that end but also to expose their persons even to death for him not refusing any torments Adding further and that more plainely by word of mouth That if the King which God forbid would suffer it or connive at it yet for their parts they would never endure it Which and such like words as may bee read in some other passages
for the Acts of the Councell say in expresse termes That the Kings of England Hungary Bohemia and Denmarke consented thereunto So likewise the Emperour Sigismund called that of Constance the Emperour Maximilian that of Pisa. 27 Although the Popes Primacy be not acknowledged by the Greâ—k church yet he assembled the Councell of Ferrara where were present the Emperour of Greece the Patriarch of Constantinople and a great number of Greek Bishops Let us never then make it a matter impossible it is fesable enough if we give our mindes to it When the Pope called the Councell of Trentâ— he communicated it first and formost with Christian Princes and required their advice about it Having asked the advice saith Paul the third in his Bull of Convocation and sounded the mindes of Christian Princes whose consent in the first place we thought usefull and convenient and finding them not averse from this our designe we have thereupou denounced the Councell So King Charles the ninth became a suitor to the Pope and Princes of Christendome for the renewall of that Councell for mark how he speakes of it in his letters directed to the Prelates of France to cause them goe thither Although the present troubles of the Church have moved as to desire and procure by all meanes possible the holding of a Generall and Oecumenicall Councell and that our holy father the Pope the Emperour and other Christian Kings and Princes by their severall answers made upon our instant request and suit unto them thereabout doe make a faire show of being willing to hearken thereunto c. 28 He did no more in this but imitate the patterne of other Kings his predecessors Charles the sixt to make up the schisme betwixt Pope Boniface and Pope Bennet sent his Ambassadours to the Emperour the Kings of England Bohemia and Hungary to entreat them to have a regard to what concerned the publique good and quiet The same King went so farre that he perswaded Wenceslaus the Emperour to come to Rhemes where there was a Generall Councell holden upon that occasion where the Ambassadours of the King of England and divers other nations were present CHAP. VII That the authority of calling Councels belongs also to Kings and Princes 1 THese examples invite us to looke a little further into France and speake more fully concerning this point of calling Councels And the rather because both our Kings and all other Princes of Christendome are deprived of this royal prerogative by the Councel of Trent and that in such sort that the Pope thereby enhanseth his owne greatnesse to whom all such Councels are bound to swear obedience and not to depend upon any but upon him The Decree runnes thus Provinciall Councels if they have beene any where disused let them for reformation of manners correction of abuses composing of Controversies and such other ends as are allowed by holy Canons be brought up againe Wherefore let the Metropolitans themselves or if there bee any lawfull impediment why they cannot the senior Bishopâ— within a yeare at the furthest after the end of this present Councell and after that once every three yeers at least after the octaves of the resurrection of our Lord Iesus Christ or at some other more convenient time according to the custome of the Countrey not faile to call a Synod in their severall Provinces 2 And in anothâ—r Session there is a strict injunction laid upon them That at the first Provinciall Synod which shall bee holden after the end of this present Councell they publiquely receive all and singular such things as have beene determined and ordained by this holy Synod and withall promise and professe true obedience to the Bishop of Rome It remaines that wee prove this right of calling Councels to belong to our Kings within their owne Kingdome In the collection of the liberties of the Gallicane Church there is this Article The most Christian Kings have alwayes as occasion and the necessities of their Countrey required assembled or caused to assemble Synods or Councels Provinciall and Nationall Who among other things concerning the preservation of their State have also treated of such matters as concerned the order and Ecclesiasticall discipline of their Countrey touching which they have caused rules Chapters lawes ordinances and Pragmaticall Sanctions to be made and set out under their name and by their authority Wee read another Article of this straine in the third Chapter of the Remonstrance made by the Parliament of Paris to Lewes the eleventh 3 Nor is there ought in all this but is well backed by such examples and authorities as shall bee proâ—uced We begin then with Clovis our first Christian King by whose command the first Councell at Orleans was assembled about the yeer 506. So say the Bishops that met there in the letters which they sent unto him To their Lord the most illustrious King Clovis the sonne of the Catholique Church All the Clergy whom you commanded to come unto the Councell So likewise the second Councel of Orleans was holden in the yeer 533. by command from King Childebert which is mentioned in the subscription of the Bishop of Bruges and it is said in the Preface Wee are here assembled in the citie of Orleans by the command of our most illustrious Kings The fifth of Orleans was called by King Cherebert the yeer 549. Wherefore the most mild and invincible Prince Cherebert having assembled the Clergy in the citie of Orleans c. The second of Paris was called by King Childebert ann 558. Being met in the citie of Paris they are the words of the fathers of it by the command of our most illustrious King Childebert The first of Mascon by King Guntrand in the yeer 576. Wee being assembled in the towne of Mascon by the command of our most illustrious King Guntrand 4 The second of Valencia was called by him also in the yeer 588 and it hath the same Preface He called also the 2 of Mascon the same yeer 588 and afterwards by his Edict confirmed the Decrees thereof as made by his commandement Wherefore saith hee wee will and command that whatsoever is contained in this our Edict bee for ever observed and kept forasmuch as wee have taken paines to cause it to bee so determined at the holy Synod of Mascon That of Cavallon in Provence or as others fancie of Châ—alons upon the Saon was holden in the yâ—er 658 By the call and appointment of the Illustrious King Clovis The Synod which was held in France ann 742 was called by Câ—â—loman as hee himselfe witnesseth in the Preface thereunto I Carloman Duke and Prince of the French with the advice of the servants of God and the chiefe Lords of the Land have assembled in a Councell all the Bishops of my Kingdome together with the Priests in the 742 yeere of Christs incarnation 5 In the time of King Childeric Pepin who then ruled all the rost called a Councell
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
presided there 3 We read in an old French Historian that Rhabanus Archbishop of Mentz presided in two severall Councels holden in that Citie by the command of Lewes the Gentle But the same authour tels us plainely that it was the same Emperours pleasure and in his absence seeing that in the Acts of those Councels at least of the first for the rest wee have not the same Rhabanus and all the Synod speake continually of the Emperour with a great deal of humility even referring all to his judgement But heark what the forecited author saith of it Orgarius Bishop of Mentz dyed in the yeer 847 and Rhabanus succeeded in his place who by command from King Lewes held a Synod at Mentz the same yeere The title of that Synod imports that Rhabanus presided in it whence it follows that it was by virtue of the Emperours command The same author saith In the yeer 852 there was a Councell holden at Mentz the Metropolitan Citie of Germany by the will and command of the said most renowned Prince Rhabanus Archbishop of that Citie being President of it A litle after he addes further that at the same time while they treated of Ecclesiasticall matters the King was imployed in publique affaires and that they sent their Decrees unto him to bee confirmed a certaine testimony that the presidence was conferr'd upon Rhabanus by the Prince 4 King Charles the Bald was present at the Councell â—olden at Piâ—tis upon Sein in the yeer 863. Hee is named first the Decrees are conceived in his name whence it follows that hee presided there Wee may make the like inference of all those other Councels which run in the name of our Kings or to speake more properly where our Kings speak and decree such things as are proposed with the advice of the Clergy of which kind we find good store for without doubt either they themselves presided in them or others for them 5 King Arnold after he had called the Councell of Triburâ— in the yeer 895. presided there himselfe as may be collected from that epistle which contâ—ines the Preface which is likewise avouched in plaine termes at the end In this holy Councell the devout Prince and most renowned King Arnold being President and imploying himself about it the holy fathers and Reverend Pastors of the Church which came thither were all seated 6 Philip Augustus call'd a Councel at Paris ann 1â—84 at which he presided as is collected from the words of the author who speaks thus of it He commanded a Generall Councell to bee called at Paris of all the Archbishops Bishops and Princes of his Realme which he having kept with them by common advice by his authority royall hee enjoyned the Archbishops Bishops and all the rest of the Ecclesiasticall Prelats by their frequent Sermons and exhortations to perswade the people committed to their charge to goe to Ierusalem to defend the Christian faith against the enemies of the crosse of Christ. 7 When King Lewes the father of St. Lewes reigned in France saith Iohn le Maire and Gregory sixâ— Romanus the said Popes Legat came into France by the will of the King there was a Councell of the Gallicane Church assembled whereat the King and the said Legat did preside 8 In the yeer 1286 there was a Councell holden consisting of all the Prelates and Barons of France Against Pope Boniface the eighth where King Philip was present in person and presided at it reckoning up all the outrages and injuries which hee had received from that Pope Boniface saith the same authour 9 The Ordinance of Charles the sixt in the yeer 1408 makes mention of certaine Presidents by him established at a Councell holden at Paris Not long agoe saith hee it was proposed and demanded by our Atturney Generall at a Councell holden at Paris consisting of the Bishops and Clergy of the Churches within our Kingdome and Dauphiny where our cousen Lewes King of Sicily our eldest sonne Duke of Aquitain and Viennois the Duke of Bourges our unkle by the fathers side the Duke of Burgundy our cousen and the Duke of Bourbon our unkle by the mothers side did preside for us that the Popes exactions and other grievances formerly rehearsed might be utterly abolished 10 King Lewes the eleventh caused a Councell Of the Gallicane Church and all the Vniversites to bee assembled in the Citie of Orleans to bee more fully informed in the businesse of the Pragmatique Sanction at which Peter Duke of Bourbon Lord of Beavieu presided in steed of the King 11 There are Presidents in store for England too William the first presided in a Councell holden at Roan in the yeer 1073. It was judged saith an English authour at a Councell holden in that Citie where William King of England was President that the Monkes which were guilty of the cryme should bee kept in close prison during the Bishops pleasure The same King presided also at another holden before that at Silchester in the yeere 1070 whereof we have spoken elsewhere In the year 1102 or as others have it 1070 Anselm Archbishop of Canterbury called a Generall Councell of the Churches of England to London and presided at it but it was with the consent and good will of Henry the first where some Ecclesiasticall affaires of great importance were treated of 12 Wee could also produce some examples for Spaine for hee that shall read the Councels holden in that Countrey â—ill easily acknowledge that the Kings had all the authoritie in them whensoever they were pleased to use it 13 All the discourse which wee have made upon this point is in a manner superfluous for having proved by so many examples that Kings and Princes called Councels it follows that they had also authority to preside in them which yet they did not alwayes use being for the most part more apt to weild the sword than to manage an Ecclesiasticall action to give their opinions or cause others to opine in spiritual matters to pronounce the sentence of judgement and such like For this reason ofttimes they left all to the Clergy without intermedling themselves but when they were pleased to interpose they were so farre from being censured for taking too much upon them that on the contrary they were highly extoll'd and commended for it And what was spoken to the Emperour by an Archbishop of Bulgaria is applyable to all Princes within their owne Realmes and Dominions The Emperour saith hee as the common-skilfull Monarch of the Churches is President of the Decrees of Councels and makes them bee in force he ordaineth Ecclesiasticall orders hee sets lawes to the life and policy of those that serve at the Altar c. CHAP. XIV Of the approbation and authorisation of Councels 1 IT remaines now that we speak of the authorising of Councels which the Popes in their books arrogate unto themselves exclusively to all others which is also
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
him King William the first of England in the beginning of his reigne which was about the yeare 1070 knowing this very well deposed some part of the Bishops and Abbats from their dignities and Prelacies and put others in their places whose fidelitie was known unto him 34 Another Monke and English Historian saith the Popes upon this occasion invented another way to oblige such Prelats unto them as held their dignities from Kings and Princes Which was by making them renounce them and resigne them into their hands as faultie and nullities and taking them with one hand they gave them againe with the other Ivo toucheth upon this tricke in his epistles For amongst other reasons to prove that investiture is no heresie hee puts this If Investiture were an heresie hee that renounceth it could not be restor'd without blemish to himselfe Now wee see many honest men both in Germany and Franceâ— give up their Pastorall staffes to wash away that staine by some shew of satisfaction and resume those Investitures which they had renounced from the Apostolique hand So did Thomas the Archbishop of Canterburie who put Henry the second King of England to so much trouble For being at the Councel of Tours Hee secretlie resigned that Archbishoprique into the Popes hands which he had received from the Kings hand and it was afterwards restor'd him againe at the same instant from the Popes hand It was Alexander the third who held this Councell at Tours in the year 1163. A REVIEW OF THE COVNCELL OF TRENT BOOKE VI. CHAP. I. Of things attributed to the Pope by this Councell in matter of justice And first of criminall causes of Bishops 1 WEE will treat in this Booke of Iustice and Iurisdiction and wil make it clearly appear that this Councel hath as far as it was able robb'd Kings Princes and other Clergie men of them to bestow them upon the Pope It is a most true Maxime that all Iurisdictions do spring from secular Princes that the source and fountaine of them is hereditarie to them whence the rivulets are derived upon their officers and upon Ecclesiasticall persons and others whom they thinke good Clergie men from the greatest to the least have no coactive jurisdictions but such as spring from thence Kings and Emperours have parted with it and have honoured them with it but in such sort as some of them both did and doe abuse it daily They are come so farre as to contest with their officers to attempt against them to make laws for extending the traine of their robes further yea even to subdue unto themselves those from whom they received that power and by a most unsufferable ingratitude to declare and pretend them subject to their jurisdiction All this is proved by us elsewhere Wee will onely say here that this Councell â—â—â—h gone about as it were to lay at the Popes feet all the spoiles and conquests which all other Bishops have got from those victories obtained by them â—t divers times over the temporall Iurisdiction and over those to whom it belongs and to paire also that which is left unto them making it almonst unserviceable and invalid at least for as much as concernes the Pope and his Clergie whom it totally exempts from their Iurisdiction 2 We shall make it appeare plainly that this Councell hath dealt very liberally with the Pope in this respect and that it hath strain'd it selfe to confirme his usurpations yea even to augment them without sparing any thing First of all it attributes to the Pope the cognizance and judgement of all criminall causes of Bishops except pettie ones That the Pope onely have the cognizance and decision of all criminall causes which are more hainoâ—s objected against Bishops and even of heresie which God forbid But if the cause be such as it must necessarily be tried out of the Court of Rome let it not bee committed to any persons excepting such Metropolitans or Bishops as the Pope shall chuse That this commission be in speciall and sealed with the Popes hand and that hee never give them any greater power but onely to receive the bare instruction for matter of fact and to make the processe which they shall forthwith send to the Pope the definitive sentence being alwayes reserv'd unto the Pope 3 In another decree it is ordained That the causes of Bishops when by reason of the quality of the crime which is objected unto them they ought to make appearance be brought before our holy Father the Pope and be determined by him It is also decreed against Bishops that keepe concubines That if they doe not abstaine from that crime after they have beene admonished by the Provinciall Councell they shall bee complained of to the Pope by the same Councell who shall punish them according to the quality of their offence even by deprivation if need require So that a Provinciall Councell hath no power to condemne a Bishop for criminall matters save onely for Peccadillo's such as we may say for playing at ball for getting up late in a morning and such like things 4 Now wee say on the contrarie that the cognizance of such crimes belongs to Emperors and Kings That they themselves ofttimes have proceeded to judgement That they have assembled Councels for that end and have assisted and presided there That sometimes they have committed the same judgement to the said Councels or their Iudges That Popes themselves have become petitioners unto them yea plaintives before them and which is more have themselves beene judged by them 5 The Bishops of the Nicenâ— Councel acknowledge Constantine for their Iudge when they presented their Libels unto him wherein they accused one another hee blush'd at that in their behalfe and would have covered their shame by suppressing such Investitures using this honest shiâ—t to them that they could not be judged by any man In which the Pope alone tooke him at his word although hee were absent and hath made good use of it afterwards Now that Constantine said this by way of complement and to suppresse those dishonorable quarrels appears from hence that upon other occasions hee either tooke the judgement upon himselfe in the causes of Bishops or committed it to his Officers Hee made the Bishops of the Synod of Tyre to come unto him to render a reason of their â—act in the condemnation of Athanasius And after hee had heard them confirmed their sentence being moved so to doe by the testimony of false witnesses which were subborn'd and sent Athanasius unto banishments into Tryer a citie in Gallia Belgica 6 The same Emperour after hee had twice ordain'd Ecclesiasticall judges to determine the cause of Cecilianus an Orthodox Bishop at last he himselfe tooke it into his cognizance and gave the finall sentence So say the Clergy of Hippo in Africa in that epistle which St. Augustine made upon the same occasion and sent to Ianuarius Being so stricken in age as you
hath reckoned up all the Archbishopriques that were at that time in Christendome it placeth the Emperours and Kings in this manner Christian Emperours The Emperour of Rome The Emperour of Constantinople Christian Kings The King of France The King of England The King of Castile and Leon. The King of Sicily The King of Aragon The King of Hungary c. 13 The French colours saith Baldus march alwaies foremost and no other King whatsoever may goe before them And elsewhere The King of France is above all other Kings Our Doctours marshall the Kings so that they alwaies put him of France in the fore front as Alberiâ—us de Rosate Antonius Corsetus and others Some of them tell us that if hee be walking with the Emperour at the going in at doores and other strait places they enter both together sidewise and the one doth not goe before the other Boniface de Vitalianis witnesseth that at Rome in his time hee that spoke of a King without addition was supposed to meane the King of France An ancient Greek authour saith the like for his time An English Historian saith the King of France is accounted the chiefe amongst all Kings In briefe it is the common opinion of all the Doctours that ever writ of it to seeke no further even of the Spaniards themselves 14 I will content my selfe with setting downe here in this place what hath beene spoken of this point by one of the King of Spaines owne subjects Lancelot Conrade by name as considering that his testimony is authentique and void of all suspicion The Doctors saith he doe sometimes dispute which of all the Kings is to have the first degree of honour and who is preferred above all the rest But they seeme generally to agree that this honour belongs entirely to the King of France for he is styled the most Christian King and is above all Kings at this day and takes place of them as Baldus teacheth Ad § ult Colum. ult tit De prohibita feudi alienatione per Fridericum And before him Iohannes Andraeas in cap. 2. De praebend in 6. Which is followed by Paris de Puteo in Tract de duello § nobilis provocavit num 10. lib. 25. And Nicholas Boerius Tract de ord grad utr for in prima parte num 12. And that by the authority of Albericus de Rosate in Rubric Digest de statu hominis De Ripa saith likewise in his Tract De peste part 1. num 80. according to Baldus Cons. 217. Ego puto volum 3. that no man may pretend any prerogative of honour against the colours of the King of France Hee afterwards comes to speake of the King of Spaine whom he highly extols for his power greatnesse and titles yet so as for matter of order he alwayes makes him inferiour to the King of France And yet for all that he was his Prince and Conrade his naturall subject as being a native and inhabitant of the towne of Lauda within the Duchy of Milan For marke what hee saith himselfe of it when he reckons up the titles of the King of Spaine He is King Prince Arch. Duke Duke and Lord of divers townes and was not long agoe made Duke of Milan our Lord and our Duke There is yet more in it namely that the saying of this Doctour was confirmed and authorized by a Decree of the Senate of Milan that is by one of the King of Spains Soveraigne Courts For heare what the same author saith of it in his preface Petrus Paulus Arigonus third President and one of the Kings Counsellours in the Province of Milan and with him Petrus Antonius Marlianus Iohannes Baptista Raynoldus Danesius Philiâ—onus Marcus Antonius Caymus Commissary appointed for this matter by speciall deputation Paulus Alia Ludovicus Mazanta Octavianus Bignamus Senator elect by the King as being of Lauda Iulius Clarus Polictonius Mediobarba Molineus Scipio Symoneta and Leonardus Herera famous Lawyers and honourable Senatours have by a speciall Decree ordained that this booke may be published Nay Pope Pius himselfeâ— as the same authour affirmeth in the processe of that discourse confirmed it it may be without ever thinking of this And afterwards saith hee the great Pope Pius the fourth confirmed and as it were consecrated this Temple by imposition of hands 15 And yet for all that he was the man who would have put the King of Spaine in equipage with ours at the Councell of Trent as Onuphrius testifies It is true which hee addes that the same Pope gave the precedency of honour to our Kings Ambassadour at Rome Not long after saith he when there arose a controversie betwixt the French and Spanish Ambassadours who should have the more honourable place in publique assemblies which was hatched long before by meanes of Francis Varga the Pope after much dodging at last adjudged the first place to the French after he had beene long plodding about a forme of agreement but could finde none For the Spaniard denied the precedency to the French and the French would not endure that he should be made equall with him But there is alwayes in the Popes exactions as well as in the decrees of our Councels somewhat in the fag-end that spoiles all For marke what followes Vpon this occasion Ludovicus Requesenius great commander of Castile and Ambassadour of Spaine being displeased departed from Rome after hee had made his publique protestation to the Pope which the Pope admitted and promised him he would judge of it I know not how he meanes to proceed in it for to judge after he hath once determined it himselfe to what purpose seeing there is â—o new evidence come in and that he was so long a consulting about that judgement which he passed To referre it to a Councell that were as much as to confesse himselfe inferiour to it he will beware of that blow So you see we are put upon the quarrell againe 16 After that there were some Popes that altered the place which the Emperours Ambassadours and they of other Kings used to have in their Chappell made choice of another altogether inconvenient to the intent that they not accepting of it the Spanish Ambassadours should not lose the precedency which fell out accordingly And from that time forwards there hath beene a contention about precedency betwixt the Ambassadours of the two Kings Which was debated at Venice when the league was concluded against the Turke betwixt the Pope the King of Spaine and the Venetians For the Spanish Ambassadour entreated that the French might not assist at the Ceremonies But the Signiory thought it fit that he should hold that ranke of honour which belonged unto him And so he did It is true the Spaniard who was a Church man to slip his necke out of the collar desired that he might sing Masse which was granted unto him As for the Court of Rome the King of Spaine hath for some late yeares had so much
all the Clergie nor any of the Laity Contrary to ancient custome 3 4 Lay men sometimes admitted to bee Iudges in controversies of faith 5 Yea even Heathen Philosophers 7,8 Controversies sometimes decided by Councels 9 Sometimes by reference 10 Sometimes by conference A meanes proposed for reconciling the present disterence in Religion 11 12 Further prosecuted 13 Lay mens plea for admittance in this Councell 14 Bellarmines answer examined 15 The power of Emperours and Kings in this case 16 17 Some of them have beene Iudges in Councels 18,19 Lay men admitted by Kings to assist at severall Councels 30 31 And Spaine 32,33 c. And England 36 37 Admitted likewise by Emperours 38 Yea summoned by Popes 40 Lay mens presence in Councels not absolutely necessary and when convenient 43 The ignorance of the Popish Clergie 44 The Authours apologie 45 The assistance of the laity allowed by severall authours 46,47 Practised at severall Councels Trent excepted 48 Anodious doctrine to Popes and why Chap. IX p. 47. 1 THe Trent Fathers were the Popes creatures 2 That abuse observed by the Emperour 3,4 Complain'd of by the French Ambassadours 5 6 And Protestants of Germany 8 As good as confest by the Popes themselves 9 The charges of Councels defrayed formerly by the Emperours 10 Of late by the Pope And therefore the judgement of such Councels in the Popes cause refusable Chap. X. p. 51. 1 THis Councell compared with others for number of Bishops 2 Which were so few here that it cannot be accounted generall 3 Henry the seconds protestation against it upon that ground 4 The number in the later Sessions doth not legitimate the paucitie in the former Chap. XI p. 53. 1 THe Emperours letters to the Pope about the indirect dealing of the Councell 2 The French Ambassadours oration in the Councell to that effect 3 Their retire from the Councell Chap. XII p. 54. 1 ALL processe made by a suspected Iudge is void 2 The Pope challenged as an incompetent Iudge in this Councell 3 The Councell protested against by the Germans 4,5 By the King of England 7 By the Kings of France 9 Sentence passed upon absents invalid 10 Yea though they had beene present there may be a second judgement 11 As was in the case of the Donatists 12 And Arrians 13 Otherwise we cannot decline the sentence of the Councell of Ariminum 15,16 Other heresies sentenced in more Councels than one 17 The injust dealing of the Councell of Ephesus Pope Leo's protestation against it holds good against this of Trent BOOKE II. Chap. I. p. 61. 1 NVllities in the matter of the Councell As in deniall of justice 2 In things demanded by the Emperour 3 By the King of France 4 By the Catholique Princes of Germany 5 By the Duke of Bavaria In which demands are particularly mentioned such abuses as should have beene reformed 7 Many of them confest by the Deputies of Paul the third Chap. II. p. 65. 1 THe abuses complain'd of not reform'd by the Councell 2 Reformation of the Head the Pope and Court of Rome demanded by Princes confessed necessary by Popes 3 Yet not medled with by the Councell 6 The Authors protestation to set downe the Papall not the personall faults of Popes 7,8,9 c. The complaints of many ancient Popish authours against the abuses of the Pope and Court of Rome with some Councels that attempted but effected not a reformation Chap. III. p. 74. 1,2 c. ANcient complaints against the inordinate desires of the Popes after temporals which made them neglect spirituall matters 5,6 c. All things set to sale at Româ— even the Holy Ghost 7,8 The avarice and exactions of that Court. 10 As great since as before this Councell Chap. IV. p. 78. 1 BY what meanes the Popes enriched themselves 2 A price set upon all sins in his Penitentiary tax 4 The tax of the Chancelourship 6 The tax upon Bishopriques 7 Exactions of Annats or first-fruits 14 When the Pope first usurped them 18 The Emperours anciently required them not 21 Of selling the Pall. 22,23 The state of first-fruits in France 25 The Popes ancient incomes out of England 26 Their simoniacall gettings by Reservations Graces Provisions c. 27 Their impositions of taxes and tributes upon kingdomes Particularly upon England 28,29 What trickes they used to oppresse this Realme 30 The Popes proverbe of England 31 The like oppressions and complaints in France 33 The Popeâ— challenge to the goods of Clergie men that die intestate Their revenues onâ— of the stewes Their yearly Kinâ— Chap. V. p. 91. 1 THe Popes exactions under colour of a holy warre By absolving such as had taken the Crosse upon them 2 And raising levyes for the maintenance of the holy Land 3 And reparations of St. Peters Church 5 The Popes used the colour of a holy Warre to wreake their own spite 7 And converted those collections to their private ends Opposition made against them in Spaine Chap. VI. p. 94. 1 BY what meanes the Popes cheated other Patrons of their advousons and presentations to Ecclesiasticall livings 2,3 Ancient complaints against this abuse 5 Of their conferring them upon lewd persons 6 7 Remedies provided but not applyed 9,10 Of their preferring dunses 11 And aliens 12 The inconveniences that follow upon this 13 14 Vrged by the French 15 Confessed by the Cardinals but not yet reformed by the Pope Chap. VII p 99. 1 OF drawing all suits concerning causes and persons Ecclesiastical out of other nations to the Court of Rome 2 Inconveniences thence ensuing 3 4 5 c. Complaints made against them 7 Of appeals to Rome 8â— 9 The multiâ—â—de and abuse of them 10 11 The Court of Romes usurpation upon the Lay jurisdiction Chap. VIII p. 102 1 BY what meanes the Popes get the jurisdiction over causes and persons civill Of Ecclesiasticall informations 2 Of the intervening of an oâ—th 3,4 A law made in France against the Popes usurpation in this kind 4 And the statute of Premunire in England 5 The Popes intermedling with Emperors and Kings Their crownes and dignities 6 As King Edward the first of England The Pope rejcted by Parliament 8 The judgement passed by Secular Princes disâ—â—â—â—ed by Popes 10 11 Of their metamorphosing Lay men into Clergy men 12 Of the Popes Commissaries and Delegate Iudges 13 14 Anciently complained of 15 Not reform'd but confirm'd by this Councell 16 Of the Popes Legats 17 18 Their power to legitimate bastards 20 And other faculties as to dispense with Councels Chap. IX p 107 1 OF the Popes usurpation of Lordshipsâ— and Kingdomes 2 Of their temporall dominâ—on in Rome 3 4 How they hold it and when they got it 5 Thâ—ir claimâ— to Scotland 6 Encroaching upon Poland 7 And Sicily 8 Especially England in the time of King Iohn 9 10. That story more at large 11â— 12 Excommunications abused by Popes to secular ends 1â— 15. c. Their inordinate desire of preferring their Nephewes and kindred by indirect meanes
19 20 c. Their excessive luxury Chap. X. p. 112. 1 OF the unlimited and injust power of Popes 2 3 Given them by their flatterers 5 And admitted by themselves 8 Wherein the plâ—nitude of the Popes power is said to consist 9 How superior to Angels 10 And th'Apostles 12â— 13â— 14 How deified by his flatterers 15 The adoration of his feet 20 The donation of Constantine 21 22. c. Severall Popish maxims concernâ—ng the Popes supreme authoritie in temporals 30,31 c. Of his transferring the Eâ—pire and bestowing of Kingdomes 41 Absolving subjectâ— from the oath of â—llâ—geance 52 Power 〈◊〉 Infidel Princes 53 Donation of the West Indies 55 Testimonies of Popes for their supremacy 56 The King of France 〈…〉 how evaded by Popes 57 The Popes usurpations over Kings approved by this Councel 59 The King of France frivolously excepted 60 The ill consequences of the Popes temporall power Chap. XI p. 120. 1 OF the Popes honours How they make Kings their Lacqueyes 2 By their Ceremoniall 3 And have required the actual performance of these services The quarrell with the Emperour Frederick for holding the wrong stirrop 4 For putting his name before the Popes 6 7 Other insolent carriages of Popes towards severall Emperours and Princes 10,11 A draught of the Popes greatnesse 12 Those authours that extend it furthest best encouraged others supprest and purg'd Chap. XII p. 123. 1 POpes opposed in their attempts over Kingdomes and Empires By the Clergy of France 3 4 In their excommunicating and deposing of Emperouâ—s 5 By the Clergie of Liege 6 The Popes power in temporals spoken against by St Bernard 7,8 c. And divers others 10,12 Opposed by the Nobles of England 13 14 The Nobles and Clergy of France 15 The States of the Empire 16 17 The Canonists 21 23 Devines and Historians 24 25 Princes and Parliaments 26 27 Popes absolving subjects from their allegeance disproved 33 A list of such authours as deny their temporall power Chap. XIII p. 131. 1 A Parallel betwixt Christs humilitie and the Popes ambition 2 The pride of Rome bodes her fall 3 The Court of Rome like the image in Daniel 4 A prophecy of a King of France Chap. XIV p. 134. 1 THe number of Cardinals too great 2 An occasion of many abusesâ— 3 Of their prodigious plurality of benefices 4 Their number anciently complain'd of 5 But not reform'd by the Councell BOOKE III. Chap. I. p. 137. 1 THis Councel gives too much to the Pope 23 By allowing them the power of calling it 4 And submitting all the Decrees to him 5 6 And allowing him the power to translate it 7 Popes usurpe the power of calling Councels 8 Or at least of approving them 9 Councels anciently called by Emperours not Popes without either their command or explicite consent Both generall aâ— the first of Nice 12 thâ— first of Constantinople 13,14 c. Without any command from the Pope proved at large against Bellarmine 18 The first of Ephesus 22 Bellarmines ansâ—â—rs refuted 26 The first of Chalcedon 30 The Councel of Sardis Chap. II. p. 145. 2 THe fift Generall Councell at Constantinople called without the Popes consent 3,4 So likewise the sixt 5 And seventh being the second Nicene 6 And eight generall at Constantinople 8,9 c. Fifteen other Councels some 〈…〉 called by Emperours withoâ—t the Popes 〈◊〉 19 The 〈…〉 tâ— come upon the Empâ—râ—urs call 20 That Conâ—â—lâ— were called by Emperours is confess'd by Popes Chap. III. p. 149 1 EMperors called not Councels by commission from the Pope 2 But Popes were petitioners to them for the holding of them As Liberius to Constantius 3 Celestine to Theodosius 4 5 6 And other Popes to other Emperours 7 8 Which was the common practice of other Bishops 9 Popes sometimes called Councels by commission from the Emperours Chap. IV. p. 151. 1 THat Emperors when they called Councels directed their summons to Popes as well as to other Bishops 5 How in ancient Councels they spoke by interpreters 6 The Popes ignorance in the Greek 7 8 Popes presence at Councels not entreated but commanded as well as others Chap. V. p. 153â— 1 DIvers particular Councels called without the Popes presence consent or authority 2 Yet they claime the power of calling them as well as generall 4 Examples of severall Councels called against Popes Chap. VI. p. 154. 1 THat notwithstanding all these authorities the Popes arrogate to themselves the power of calling Councels 2,3 Their testimones answered 4 Generall Councels should not be held unlesse the Pope be called to them 5,6,7 That priviledge common to him with other Patriarchs 11 The old Canon upon which the Popes build their authoritie examin'd Whether one of the Apostles 12 Whether confirm'd by the Nicene Councel 13 Ancient esteeme of the Bishop of Rome 14 Or at Alexandria 16 17 Spurious Canons and testimonies imposed upon ancient Popes 18 Ancient practice contradicts that pretended Canon 20 How long it is since Popes first tooke upon them to call Councels 21 Emperours called some since that 23 Popes may call Provinciall Councels within their owne Diocese Their particular Diocese of what extent 26 As may other Patriarchs 27 Whether a Generall Councell be now possible if not called by the Pope Chap. VII p. 161. 1 POwer of calling Provinciall Councels given by the Councel of Trent to the Popes 2 Which anciently belonged to Kings and Princes 3 Proved to belong to the Kings of France in France 4 5 A particular enumeration of above forty nationall Councels called by command of the Kings of France 18 Of others by their consent and approbation 19 Councels called by the Kings of England within their dominions 20 Many others by the Kings of Spaine Chap. VIII p. 167. 1 THat it belongs to the Emperors and Kings to appoint the place where Councels shâ—ll be held and not the Pope 2 Proved by examples of Emperours and petitions of Popes 4 That Princes also prescribe the time when Councels shall be holden Chap. IX p. 169. 1 THat the power of prorogueing translating and dissolving Councels belongs to Emperours and Kings and not to the Pope 2 3 That power used by the ancient 6 Challenged by late Emperours Chap. X. p. 170. 1 THat it belongs to Emperours and Kings to prescribe what persons shall bâ—â— admitted in Councels 2 And what matters shall bee handled in the â—â— 3 And in what manner 7 And forme Chap. XI p. 173. 1 THat the Presidence in Generall Councels belongs not to the Pope exclusively but to Emperours as also the judgement in them That Constantine was President of the Nicene Councel Reasons to the contrary answer'd Athanaâ—ius his testimony censured 3 How Princes may fitly use their authority in Councels 5 Who presided in the second Councel of Ephesus 6 Zonaras and Evagrius misalledg'd by Bellarmine 7. The Emperour appointed Iudges in the Councel of Chalcedon 8 Which were not the Popes Legates 8 9 c. Arguments to the contrary
Chap. II. p. 260. 1 OF Fraternities how devoted 2 How dangeroâ—â— to the State 3,4,5 Of the Fraternity of the Chaplet or the Order of Penitents 6 Of the sect of Flagellants 7 8 Their originall and orders 10 Gersons booke against them Chap. III. p. 265. 1 DIspensations abused by the Pope 2 Hee takes upon him to dispense with the Lawes of God and man 3 Complaints made hereupon by the Catholiques in Germany 6 By Saint Bernard 7 By the Parliament of England 9 By the Councell of Constance 10 By Iohn Gerson 11 By the deputies of Pope Paul 12 Reformation demanded at the Trent Councell 13 Which medled with them onely in three cases 14 And that as good as nothing 15 And contrary to the liberties of France Chap. IV. p. 269. 1 OF unions of Benefices both reall and personall Which the Councell leaves to the Popes disposall 2 Which of right belongs to the Bishops of the Dioceses with consent of the patrons 3 Vpon reasonable cause 4 5 6 Otherwise they have and may be disanull'd nothwithstanding any prescription 7 Contrary to the Councell of Trent which allowes prescription in some and the Popes pleasure in all Chap. V. p. 271. 1 OF the residence of Bishops Which the Councell leaves to the Popes approbation To the prejudice of Princes and Metropolitans 3 To whom it belongs to approve the causes of their absence 2 How Popes by this meanes deprivâ— Princes of their best servants 4,5,6 For Kings to approve of non-residence was the practice of France before this Councell 8 And the law since Chap. VI. p. 273. 1 BY this Councell of Trent there can be no more Gâ—nerall Counâ—els but when the Pope pleaseth 2 Which takes away all hope of reformation 3 And is contrary to the Decrees of former Councels 4 The benefits proceeding from the frequency of Councels 5 They bridle the Popes power And therefore they decline them Chap. VII p. 275. 1 OF Iesuites Their Order confirm'd by this Councell 2 Their speciall vow of obedience to the Pope 3 Their deifying of him 4 They are the Popes Ianizaries and Emissaries in the State 5 Slaves to the Pope and therefore nâ— good subjects to their Prince 6 Their doctrine that Kings may be deposed 7 And of excommunicate killed 8,9 That heretiques are to bee put to death 17 Iesuites pernicious to the State therefore once banished out of France Chap. VIII p. 280. 1,2,3 THat this Councell in effect gives the election nomination and investiture in all Abbeyes and Bishopriques to the Pope 4 How this is prejudiciall to Princes 6 How elections were anciently made by the Clergie and people 7 Sometimes by the Pope Yet still by a power derived from Emperors and Princes 8,9 Proved out of the Canon law Popes anciently elected by the Emperour 13 14 This prerogative not renounced by the Emperour Lewes nor Henry 15 16 But practised by Emperours and allowed by Popes till Grâ—gory the sâ—venth 18 And then taken from them by usurpation Chap. IX p. 285. 1 THe election and investiture of Patriarchs and other Bishops belonged to the Emperours 2 3 In which the Popes had nothing to doe but by commission from them 10 Till Gregory the sevenths time who first usurped this power Which was afterwards the occasion of many quarrels betwixt Emperors and Popes 11,12 c. As betwixt Henry and Paschal about investitures 16 The Emperors renuâ—â—iation invalid 17 Because compell'd 18 And does not binde his successors 19 Who redemanded their right 20 The Councels that condemn'd Investitures for heresies censur'd 21 22 And Ivo for defending them 23 Who contradicts himselfe 24 The Emperour Henry in part excused Chap. X. p. 291. 1 ELections nominations and investitures belonging to other Kings and Princes in their owne dominions As the Kings of Spaine 2,3 c. The Kings of England possessed of this right both before and since the Conquest 11 With the Popes apâ—â—â—bation 12,13 The Kings of Hungary 〈◊〉 Apulia have done the like 14,15,16 How the Kings of France have behaved themselves in this point 18,19 Their right confirm'd by Couâ—â—el 23. And testified by Civilianâ— 26 Elâ—ctours to have â—â—e Kings Conge d'â—liâ—e 27 And the elected to tâ—ke the oat◠〈◊〉 â—llegeance â—8 29 That the Kings of France retâ—â—ne the â—omiâ—â—tion and the Popes have got the confirmation of Bishopâ—â— 30 Which râ—â—ders them obnoxiâ—â—a to the Popes and carâ—lâ—sse of their Prince 31,32 c. Examples tâ—â—â—eof in Englâ—â—d and Franceâ— BOOK VI. Chap. I. p. 299. 1 ALL jurisdiction in all causes and over all persons belongs originally to Secular Princes 2 This Councell exempts Bishops and even in crimiâ—all causes submits them onely to the Pope 3 Contrary to right 4 5 And ancâ—ent practice 11 c. How Emperours have exercised their jurisdiction over Clergie-men sometimes by their Delegates 12 Sometimes by Councels 15 16 c. This right of Princes acknowledged by Popes 18 Established by the Imperiall lawes 19 Allowed by Councels 21,22,23 French Bishops judg'd by their Kings Sometimes with a Councell 24 Sometimes without 26 This judgement of Bishops refused by Popes 27,28 The present practices of France in such cases Chap. II. p. 306. 1 THat Bishops by this Councell are made the Popes delegates in matters of their owne ordinarie jurisdiction 2 As visitation of Monasteries 3 Providing for Sermons in peculiars 4 Assigning a stipend to Curates 6 Visiting of Clergie men 7 Assigning of distributions in Cathedrall Churches 8 And assistants to ignorant Rectors 9,10 Vniting Churches 11 Visiting exempted Churches 12 And others not exempted 14,15 Visiting of Hospitals and Schooles 16 Disposing of gifts to pious uses 17 Such delegations prejudiciall to Bishops Archbishops and Lawyers 18 Evocations of causes out of other Courts to Rome allowed by this Councell 19 The inconveniences thence ensuing Chap. III. p. 313. 1 THis Councell entrencheth upon the Secular jurisdiction by attributing seemingly to Bishops 2 But really to the Pope 3 The cognizance of many things which in the Realme of France belong to the Civill jurisdiction in some cases not wholly to the Ecclesiasticall 4 As libels 8 Sorcerers 9 Clandestine mariages 10,11 And some other matrimoniall causes 12 Right of patronage for the posâ—essory 13 Lay appropriations 15 Maintenance of Priests 17 Visitation of benefices so as to compell reparations to be made 20 Sequestration of fruits 21 Royall Notaries 22 Simple Shavelings 25 Civill causes of Clerkes 26 Adulâ—â—râ—es 29 Seisure of goods 30 Imprisonments 31 32 Appeales as from abuse abrogated by this Councell 33 Erection of Schooles 34 Building-money 35 Meanes of hospitals 36 Infeodation of Tithes 39 Taking of the accounts of Hospitals Colledges and Schooles Chap. IV. p. 32â— 1 EXemptions granted by the Pope to Churches Colledges Abbeyes c. confirmed by this Councell to the prejudice of Bishops 2 3 Many complaiâ—â— anciently made against them 4 The Popes have no power to grant them 5,6 The unlawfulnesse and abuses of them 7 Reformation hereof desired â—t the Trent
Councell 8 But not obtain'd 9 Exemptions how used in France Chap. V. p. 327. 1 THe power of granting pardonâ— for criminall matters 2 Allowed to the Pope by this Councell 3 Vnknowne to antiquity 4 Being the true right of Princes Chap. VI. p. 328â— 1 THe number of Papall Constitutions and Decrees complain'd of to this Councell 2 Yet not abated but all confirm'd by it 3 Many whereof were not received before 4,5 Ancient complaints made against them 6 By what degrees Popes usurped upon Princes by themâ— 8,9 Many pretended Decretals are supposâ—titious 15 Many abusive 17 And derogatory to the Imperiall lawes 19 The worst Popes authours of them And the greatest enemies to Princes Chap. VII p. 335. 1 THe censure of all bookes left to the Pope by this Councell 2 The extent oâ— this power and mystery of the Index expurgatorius 3,4 Wherein they condemn all authours that stand for the rights of Secular Princes 5 Or of Councels against Popes 6 And all that have writ against the abuses of their Court 7,8 c. And by the like reason they may condemne all or most of the lawes of Princes and liberties of the Gallican Church BOOKE VII Chap. I. p. 341. 1 THat this Councel tends to the depressing and abasing the authoritie of Christian Princes 2 By robbing them of their temporall jurisdiction 3 Especially in case of duels That a Councell hath no coactive jurisdiction over Princes This proved by authority of Scriptures 4 And ancient Fathers 5 And Popish authours 6 All coactive jurisdiction derived from Princes 7,8 Over the Clergie variously exercised by the Imperiall lawes 9 What use the Popes make of them 10 They doe not binde present Princes Chap. II. p. 346. 1 THat a Councel hath no power in temporall matters Proved by authoritie of Fathers against the Trent Councel 3 By the practice of Popes 5,6.7 And ancient Councels 8 By reason 10 Secular Princes may require subsidies of Clergie men 11 Even by the Canon law 12 If they have any exemptionsâ— 13 As they have many 14 They were first granted by Princes Such subsidies injustly prohibited by this Councell 15,16 And some former Popes Chap. III. p. 352. 1 EXcommunications abused by Popes against Princes 2 Kings should not easily be excommunicated 3 As they are by this Councel 4 The King of France claimes a priviledge and exemption from excommunication 5 And why 7,8,9 This priviledge acknowledged by Popes 10 Maintained by Parliaments 11 Confirmed by Popes Chap. IV. p. 355. 1 THis Councell useth commanding termes to Kings and Princes and makes them but the Bishops officers and executioners of their Decrees 2 Contrary to the practice of former Councels 3,4 c. This makes Princes inferiour to Priests in point of honour 9 How much the Pope is greater than the Emperour 11 12 The humility of ancient Popes and the great respect they used to Kings and Emperours Chap. V. p. 359. 1 THe authority of Kings in the Church and over the Clergie 2 More in right than in fact 3,4,5 They are the patrons and defenders of the Church 6 And have power to reforme it 7,8,9 This power confest by Popes 10,11 And Popish writers 12,13 Exercised by Emperours 14,15 c. And kings of France Chap. VI. p. 365. 1 THat Emperours and Kings have in all ages made lawes of Ecclesiasticall politie and discipline 3,4 Both before Christ 5,6 And since 7 That they had power so to doe But not to administer the word or sacraments 8 Especially the Emperour the Kings of England and France 9 10 c. This power of Princes coâ—fessed by Councels and adâ—itted by Popes 16 Who became suiters to them in that behalfe 17,18 And proâ—oters of their ordinances Chap. VII p. 371. 1 THe King of France wrong'd by this Councell iâ— point of precedence before the King of Spaine 2 3 The quarrell betwixt their Ambassadours at Trent about it 4 The Spanish party favoured by the Pope 5,6,7,8 And by the Councell 10,11 The King of France his right proved by Councels 13 Doctors 14 Even Spaniards 15 The Popes prevaricaâ—ion in the cause 16 Which is not yet decided Chap. VIII p. 377. 1 INdults and expectative graces utterly prohibited by this Councell 2 But tolerated by the lawes of France and practised there 4 All power in excommunications either for procuring or prohibiting them taken from Civill Courts and Magistrates by this Councell 5 Contrary to the law and custome of France Where the kings by their officers doe decree them 6 Or prohibit the execution of them 7 Thereby curbing the attempts of Popes 8 Prejudiciall to the lay Iudges 9 Censures and excommunications abused by Popes 10 And therefore opposed by Princes 11 A reformation required at Trent 12,13,14 And before that they might be used for petty matters 16 Yet no remedy obtained Chap. IX p. 383. 1 THis Councell disposeth of the goods of Religious persons Contrary to Law 2 Gives Mendicants leave to possesse lands contrary to their Order and its owne Decree 3 And the lawes of France Notwithstanding the Popes dispensation 4 This Councell cancels some leases of Church lands injustly because without the Kings leave 5 It ordaines about commutation of last Wils contrary to the lawes of France Chap. X. p. 385. 1 THis Councell commands all Clergie men to receive the Decrees without regard to their Princes consent 2 Contrary to the practice of other Councels 3 It denounces excommunications in case of refusall Requires an oath of obedience Disaâ—lowes toleration of Religion 4 Approves violence in rooting out heresies 5,6 And ordaines the Inquisition for them 7 Contrary to the Edicts of pacification in France 8 The prejudices done by this Councell admit of no qualification 9 And therefore it hath beene justly rejected Faults escaped Pag. Line Fault Correction 24. 37. preceed preside 31. 18. to staine â— to staine 40. 36. Trent Tyre 41. 34. Rhegno Rhegino 58. 9. a. dele 64. 21. Holynesse Highnesse  32. discords disorders 71. 43. Of Chartres Of the Charterhouse et 224. 5.   75. 24. Fontanus Fontanus hath put  marg Alberius Albericus 81. 3. exequeter one yeeros exchequer one yeares 83. marg Valoterran Volaterran 86. 41. Princes Provinces 94. 33. this in this 95. 9. Apostles Apostle 101. 40. rank instance 109. 24. gave have 121. 46. writ went 122. 53. Avarus Alvarus 125. 30. in into 130. 46. at as 159. marg Radericus Radenicus 166. 34. Sismand Sisenand 187. 10. Empâ—rour Emperours 191. 27. assembling ascribing to him 194. 13. commanded them that dele 222. 22. to wit dele 241. 2. that by that 251. 36. found founded 253. 26. blessed the blessed 257. 47. the. at the. 265. 5. they an the. and. 269. 3. to Popes to the Popes 278. 16. Monarchie Monarch 288. 42. you yon 293. 4. Doctour rings Doctours Kings  5. eight right  33. were they were 296. 42. Churches clutches 307. 21. honour under order over 310. 41. Iudges Royal Ordinaries Ordinarie Iudges Royall
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
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-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
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
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
of great personages than liberty of conscience which is much to be feared in a matter of this nature But as for you Sirs who are here assembled in the name of God you acknowledge no superiour but the honour of God and the quiet of his Church 4 And presently after he addes If wee will apply our selves to the humour of this or that Prince whatsoever and if we chuse rather to mistake the truth by that meanes than embrace our owne salvation and the right managing of affairâ— there is no question but the neglect of our duty deprives us of the glory of heaven and if so be there be any default of yours in this respect howbeit your vertues doe assure me of the contrary the state of religion will be so desperate that there will be no hope of remedy left I have seene the originall copy of a letter in the hands of a learned Catholique dated the 19 of May 1563 written from Trent to Rome by Monsieur de Lansac King Charles his ambassadour at the Councell of Trent unto Monsieur de Lisle the same Kings ambassadour to the Pope wherein he intreats him to deale so that the Pope would leave the Councell to their liberty and send the Holy Ghost no more in a Clokebag The Lord de Ferriers assisted by the Lord of Pibrac in his oration delivered in September 1563 touching the precedency of the King of France before the King of Spaine accuseth the Pope of bereaving his eldest son of the honour that belongs unto him of arrogating unto himselfe power over the Councell and prescribing unto it what it must follow and observe And in the letters written by the same Ambassadours unto King Charles the 25 of November 1563 upon occasion of their retiring to Venice they say amongst other reasons they departed from the Councell Because nothing was done there but what pleased the Pope and hereupon they stood so long upon determining things proposed if there was any difficulty because they must send to Rome to seeke the Popes resolution 5 This is also the great complaint which hath ever beene made and that justly by the Protestants of Germany Heare what Paul Vergerius who had formerly been the Popes Legat in Germany against Luther and the Protestants speakes concerning it in an Epistle of his to the Bishops of Italy I desire you moreover to consider a little and throughly to informe your selves of that which Pope Paul the third and Iulius the second lately deceased were wont to doe they framed Ordinances and Decrees to their carrier then they sent them to Trent with an expresse injunction that nothing should be determined but what they commanded Which I know to be very true because in the time of Pope Paul my selfe being then Bishop was at Trent from whence I was ferreted because I was suspected to have taken notice of it whereupon they were afraid lest I should disclose it howbeit I knew but very little of it at that time And there is none now but knowes that all the definitions which were first made at Rome by the Popes commandement were sent afterwards to the Legat that he might looke well to this that the divines observed the same order and platforme in their disputes as was prescribed to them Whence it came to passe that they commonly say nowadayes The Holy Ghost came to Trent packt up in a Clokebag 6 A learned man of those times among the Protestants called Fabricius Montanus hath made a great complaint hereof in a speech of his pronounced before the States of Germany which is contradicted by Fontidonius a Doctor in Divinity he that made the speech in the behalfe of the King of Spain at that Councell I shall content my self with two passages which that Apologist labours to refute in his rejoynder As for that saith he which you urge and account for a fault that the Pope doth not submit himselfe to the Councell but rather the Fathers of the Councell are subject to him what furtherance can that bring to your cause And in another place You rake up many calumnies not crimes which you doe not confirme by any arguments as that the Fathers of the Councell doe wholy conforme themselves to that which is prescribed in a certaine schedule containing the declaration of his pleasure There are many other writings besides wherein may be read the same complaint 7 Howbeit the Doctor doe peremptorily deny that it was so and sayes that the Pope and the Councell did accord very well yet for all his answer it is not amisse to tell him what Onuphrius saith in the life of Paul the third for it serves very well to our purpose Being thus highly offended with the Emperour saith he without any dissembling of it he beganne to thinke of suspending the Councell which he had formerly commanded to bee kept at Trent in courtesie to the Emperour and of removing it to Bononia which he was the more willing to doe because hee had understood how his dignityâ— was taxed and disparaged by the malice of some suâ—orned Prelates in certaine sanctions decreed upon in an odious disputation See what the Popes use to doe when the Councels doâ— not please their palat and doe what they would have them so Pope Eugenius dealt with the Councell of Basil and Pope Iulius the second with that of Pisa. This transferring of the Councell was put in execution howbeit it was contradiâ—ted by divers Bishops as appeares by the eighth Session 8 We will conclude we need not seeke a more authentique proofe hereof â—han the determinations of the Councell it selfe which were all entirely submitted to the Popes authority and which for the most part tend to no other end but the support of his greatnesse So Pius the fourth in a publique oration of his delivered in the Consistory after the conclusion of tâ—e Councell thankes them heartily for having such a tender regard to his authority when they went about an Ecclesiasticall reformation in so much that if hee had undertaken to reforme himselfe he should have gone more severely to worke as appeares by that Oration printed with the French translation of the Councell of Trent which was very wisely retained by a learned Sorbonist But indeed it is a thing not much to be marvailed at for what could such men doe else which were not their owne masters which were bound to the Pope by such a strict oath that they durst not flinch from him yea they durst not so much as speake the truth in what concerned him So said AEneas Sylvius in an Epistle to the Chapter of Mayence Even to speake truth against the Pope is to breake the oath of a Bishop And indeed marke the purport of one of the clauses in the new oath They shall disclose and effectually hinder with all their might whatsoever shall be plotted negotiated or attempted against the Pope They are also tyed by the ancient forme To defend the Popedome of the
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
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
and other like knackes their money for vacancies which is levied contrary to the holy Canons and Decrees and contrary to the determination of the Catholique Church and sacred Councels that what is so gotten may bee employed in purchasing of Earledomes and Lordships to bestow upon people of meane condition and to preferre them without any precedent merit without any service or use which they can doe to the Church or for the defence of the faith 18 Francis Guicciardine in the fourth booke of his history of Italy in the discourse which he makes of the Popes of Rome which hath beene expunged by some cozeners amongst other vices and abuses which he observes in the Popedome thiâ— is one An earnest and everlasting desire of preferring their children their nephewes and all the rest of their kindred and allies not onely to inestimable riches but also to Kingdomes and Empires And a little after To exalt their kindred and raiâ—e them from a private state to principalities they have of late yeeres beene the authors of warres and the firebrands of the late combustions in Italy We heard before what the same author told us of the Indulgence money of Leo the tenth how it was bestowed to the use and petty pleasures of his sister Magdalen 19 We will conclude this discourse with a passage out of the same author which will bring us upon another Their study and businesse is not onely saith he speaking of the Popes holinesse of life nor the propagation of religion and charity towards God and menâ— but armes and warres against Christians handling sacred things with bloudy thoughts and hands but an infinite desire of money new lawes new trickesâ— new inventions to â—nhanse their rents from all parts for which ends they shoot out their coelâ—â—tiall arrowes they most impudently practise a trade and traffique of all thingâ— sacred and profane whereby their riches being augmented to an excessive greatnesse and scattered over all their Court have brought forth pride luxury debauched manners and most abominable pleasures See here the saying of a ringleader and conducter of the Popes army of one who was Leo the tenths favourite 20 Let us paâ—se a while upon this luxury which he speaks of and set down the complaint which divers others have made against it First that which S. Bernard saith to Eugenius the 3 I doe not spare you here saith hee that God may spare you hereafter shew your selfe a sheepheard towards this people or else confesse that you are not so you will not deny that you are leasâ— you should deny your selfe to be his successour in whose See you sit that Peter who for ought that wee know never went adorned with precious stones attired in silks and cloathed in gold mounted upon a white palfrey surrounded with a guard attended with a great many Lackeys and yet for all he had the power without all these to accomplish that saving commandement If thou love meâ— feed my sheep 21 Iohn Sarisbury Bishop of Chartres who lived about 1180 saith That the Pope is burthensome and insupportable to all men 3. â—e builds Palaces out of the ruineâ— of Churches he goes accoutred not only in purple but in gold 22 Marsilius of Padua Let them tell me I pray them with what conscience according to Christian Religion they spend the goods of the poore living after a worldly fashion upon so many unnecessaries in horses servants banquets and other vanities and delicates both secret and publique They I say who for the ministery of the Gospel ought to be content with food and raiment according to the Apostles appointment in the first to Timothy CHAP. X. Of the injust power of the Popes 1 ONe of the maine poynts touching the reformation of the Popes is the unbridled and redoubted power which hee challengeth both in spirituals and temporals considering that hee pretends to have an absolute and soveraigne power over both It were fitting me thinks to set bounds to the plenitude of that power which hath neither banks nor bottome to him that extends his jurisdiction over all the world even as low as hell and purgatory as high as heaven which takes hold of great and small Clerks and Laiques things sacred and profane which hath set all the Church yea all Christendome by the ears together which is the source and fountaine of all our miseries and against which there have beene so many complaints exhibited upon this occasion 2 Paul the thirds Delegates had a touch at this point in their reformationâ— In former times say they the truth could not have accesse to the audience of certaine Popes by reason of certaine flatterers which magnified and extended their power too much perswading them that they were Lords paramount of all and might doe any thing what they list from this spring have so many miseries in great flouds overflowed the Church that shee is now quite overborne and drowned See here what they say who were conjured by the Pope upon oath and upon paine of excommunication to tell him the truth of all that required reformation Wee have formerly observed a place in Zabarel of the like straine with this 3 Master Iohn Gerson in his book De potestate Ecclesiae hath the very same On the other side saith hee upstarts cunning and glozing fâ—attery whispers the Clergy but especially the Pope in the care O how great is the height of your Ecclesiasticall power O sacred Clergy all Secular authority is but a toy in comparison of thine seeing that as all power is given to Christ both in heaven and in earth so Christ hath bequeathed all to S. Peter and his successours So that Constantine gave nothing to Pope Sylvester which was not originally his owne but only restored unto him what he injustly detained from him Againe as there is no power but is of God so there is nothing temporall or spirituall Imperiall or Regall which is not of the Pope upon whose thigh God hath writ King of Kings and Lord of Lords So as to dispute his power is a kinde of sacriledge To whom no man may say Why doe you so although he should exchange purloine of sell all the temporals the goods lands and lordships of the Church Let me be a lyar if all these things are not written by such as seeme to bee wise men in their eyes and if they have not beene beleeved also by some Popes 4 So Marsilius of Padua in many sundry places of his Defensor Pacis particularly in the second part and twenty fifth Chapter They have taken up a title saith he which they arrogate to themselves and which they would make an instrument of this wickednes namely the plenitude or fulnes of power which they say was given to them in particular by Christ in the person of St. Peter as that Apostle's successours By reason of which accursed title and their sophisticall manner of discourse they use a certain captious kinde
at Soissons in the yeer 744â— where hee assisted in person together with the greatest Peeres of the Land In the second yeer of Childeric the French King I Pepin Duke and Prince of France with the consent of the Bishops and Clergy after I had consulted thereabout with the chiâ—fe Lords of France determined to hold a Synod or Councell at Soissons which wee have also done The Decrees of that Councell are all conceived in his name for the constant forme of them is Wee ordaine with the consent and advice of the Bishops and chiefe Lords of the Land Now these Decrees are concerning the confirmation of the Nicene Creed the keeping of yeerly Synods the ordination of Bishopsâ— the obedience due unto them the life and manners of the Clergy and such like matters 6 The same Pepin being afterwards King of France in the yeer 755 caused almost all the Gallican Bishops to meet at the Councell of Vernes Palaceâ— so saith the Preface to it Charles the Great called the Councell of Frankford where the heresie of Felix was condemned and the seventh Generall Councell as it is confessed in the Acts thereof A great number of Bishops out of all the Provinces under the dominion of the most mild Illustrious King Charles assembled themselves with especiall care by virtue of his ordinance and command Charles the Great saith as much himselfe in an Epistle which hee writ to Elipend Archbishop of Toledo which is inserted amongst those Acts. To accomplish that joy being incited thereunto by a fraternal Charity we have commanded that a Synodicall Councell bee assembled out of all the Churches of our Dominions Which is further confirmed by the authority of the old Chronicle The King in the beginning of harvest what time â—ee called also a generall meeting of the States caused a Councell of Bishops out of all the Provinces of his Doâ—inions to meet in the same citieâ— to condemne the heresie of the Felicians where the Legates of the Pope of Rome were present also 7 The Bishop of Aquileia in a speech which hee made at the Councell of Friuli holden likewise under Charles the Great and Pepin his sonne gives us to understand that he had beene in divers Councels called by the command of Kings and Princes For it having oftentimes befalne the humility of my meannesse to be present at the Generall assembly of a Councell very famous for reverend fathers being thereunto summoned by the sacred commands of our Princes The fourth Councell of Arles was holden also in the time of Charles the Great and called by him in the yeer 813 the Bishops thereof make this praier for him That he God would confirme in his faith the Emperour Charles our Soveraigne by whose commandement we are here assembled So likewise the third of Tours the same yeer 813 The time and place being appointed when and where the assembly should bee we are come to the place appointed according to the injunction which was laid upon us by so great a Prince There was another holden the same yeer 813. under the same Emperour at Mentz at the beginning whereof they speake thus unto him Wee are come to the city of Mentz according to your command So likewise at Rhemes the same yeere 813â— at the beginning whereof it is said This is the order of those Chapters which were made in the yeer 813â— at the Councell of the Metropolitan See of Rhemes called by the most devout Emperour Charles after the custome and fashion of the ancient Emperours There was also another holden under him and by his command at Chalons mentioned by divers ancient Historians who speake also of those others which were holden under him whereof wee have spoken already For say they Hee commanded the Bishops also to keep divers Councels for the reforming of the state of the Church one whereof was holden at Mentz another at Rhemes a third at Tours a fourth at Chalons and a fifth at Arles Wee have the Acts of that of Chalons extant wherein although Charles the Great bee mentioned yet it is not said that the Councell was holden by his command And wee may observe the case to bee just the same in divers other Councels holden in France The same King and Emperour held many other Councels the Acts whereof wee have not now extant yet thus much is testified by Regino that he called them who hath reckoned us up nine or ten after the yeere 770 till 994. King Lewes the 6 called the Councell of Aix in Germany in the yeer 816. Seeing that say the Acts the most Christian and most Illustrious Emperour Lewes by the grace of God Victorious Augustus had called a holy and Generall Councel at Aix in the yeer of Christs incarnation 816. 8 There is an old Chronicler that sayes it was in 819 and another puts it in 820. There was a Councell holden at Paris too by the command of him and his sonne Lotharius in the yeare of grace 829 and three others at the same time in other places as is collected from those words in the preface Hereupon they ordained that Synods should bee assembled at the same time in foure severall convenient places of their Empire Besides this is the very title of the preface Here beginneth the preface of the Synod which was holden at Paris by the command of the most Illustrious Emperours Lewes and Lotharius his sonne And againe in letters sent by the Synod to those Emperours We the most loyall and most devâ—uâ— sollicitours of your salvation according to the meannesse of our understanding in obedience to your desire and command have observed and set downe in these precedent papers such things as concerne Christian religion which we present unto your clemency to be perused and approved of by you 9 There was another Councell holden at Aix by his command in the yeare 338. Whereas we Bishops were assembled together by a Synodicall convocation the most Illustrious and most orthodox Emperour Lewes the most invincible Augustus having summoned us thereunto And yet another at Mentz anno 834. Weâ— are come to Mentz say the Bishops of it according to your commendment And another at the same place anno 837. whither the Bishops say they were assembled By a seasonable and most wholesome order and command from the Emperour Lewes And this is a Synod of which an ancient French Historian speaks saying Rhabanus was created Bishop of Mentz in 847 who by command from King Lewes held a Synod at Mentz the same yeare The title of this Synod saith that this same Rhabanus was president of it and not unlikely but we must understand that this was by authoritie from King Lewes who as wee have said already commended him to hold that Synod There was yet another Councell holden at Mentz under him and by his command in 852 where the same Rhabanus was president the same Emperour being willing to have it so There was likewise
Pope because hee was chiefe in Ecclesiasticall dignity It is a hard matter to know who had the Presidence in that Councell because when the question is of decreeing or pronouncing any thing the Councell is made to speak in corps as on this manner The Councell saith The Councell ordaineth Yet is not this carried so closely but it may appeare that Tarasius Patriarch of Constantinople managed the action seeing for the most part he proposeth and decreeth yea and when the question is of giving voices the Popes Legates come in the first place and he in the last to make the conclusion as in the third Action And besides those Legats shew themselves so seldome that hee that shall read all the Acts will never take them for Presidents But oâ—serve I pray that which gives a shrewd blow to the Popes Presidence When the Councell was finished Those which had celebrated it saith Zonaras repaired to Constantinople where the Acts of the Councell were read in the Palace royall the Emperor presiding there and upon the audience of every Action they were approved and subscribed unto by them 13 As for the eighth General holden at Constantinople I professe the Popes Legats presided there onely I entreat the reader to observe in his perusall of the Acts in what manner they make their Presidence passe for good they take good heed of not forgetting that title as in the former and it is credible they would have beene as carefull then if it had beene in their power In the first place they produce their commissions and instructions wherby they are charged by the Pope to preside there they met with such Emperours as they desired that is so honest and respective that they not only yeelded the Presidence to them but which is worse they would not signe the Acts till after the Bishops and Delegates as is testified in their subscriptions Certaine Princes and Lords which assisted at that Synod by the Emperours command were also so milde and courteous in imitating their maisters example that the Popes Legats having requested them to put some interrogatories to certain men who were come into the Councell concerning a petition prefâ—rred by them they replyed In obedience to your request and upon your command wee will examine them not of our owne power for this power belongs to you To be short it cannot be denyed but the Pope was truely the President of that Councel So that we need not marvaile that he did such an ill office to Charles the Great as to condemne his Councell of Francfort considering he did not vouchsafe to devolve the presidence upon him 14 Now we affirme yet for all this that this courtesie ought not to be drawn into an argument that the Emperours might well prejudice themselves thus but not their successors Yea it may be said that what they did in this case is a nullity seeing that by the very Decrees of Pope Alexander the third no man can forfeit a priviledge which is granted to his order ranke and dignitie That because a man hath presided in one Councell he must not therefore pretend that the whole presidence belongs unto him and that the Emperour who was wont to preside in all hath no more right ever after 15 All this then being proved to be true That the Emperors called Councels That they and not the Popes presided in them That when they pleased they had the whole stroke and authority in them who will not henceforth startle to hear the language of Pope Nicholas to the Emperour Michael Where did you ever read saith he that your predecessors had ought to doe in any Councell unlesse perchance in some one wherein matters of faith were handled Wee aske him on the contrary where did he ever read that they had not to doe Yet we are much beholding to him for that exception unlesse in some one The language of Leo the tenth and his Councell of Lateran is yet more frightfull The Pope of Rome alone as having authority over all Councels hath full power and right to call transferre and dissolve Councels CHAP. XIII Of the Presidence of Kings and Princes in Councels 1 HAving spoken of the Presidence of the Emperour and the Pope it remaines we speake of that of Kings in the Councels Synods of their own realmes And for France we shall here marshal the examples of Charles the Great Lewes the Gentle and other French Emperours howbeit they might have beene disposed amongst the former It is reported in the life of Charles the Great At that time King Charles held a Synod at Valentia And again in the life of the same Prince He together with the French in generall held a Synod at Gennes and there dividing his army hee marched towards mount Senis So saith Regino divers times when he speaks of Charles the Great The King held a Synod the words in Latine are habuit tenuit which signifie both his presence and his presidence The Acts of the Synod of Francfort say in plaine termes that he presided there for hearke how they speake of him in their letters to the Bishops of Spaine We have all met together by the command of the most pious and most glorious King Charles who presided amongst us to repaire the state of the Church Yea which is more he disputed there about matters of faith and therefore it is probable hee delivered his opinion concerning them Vpon a day say the Acts being all at the Palace the Priests Deacons and all the Clergy being seated circular-wise in the presence of the said Prince there was a letter brought in sent by Elipend Bishop of Toledo who had committed a most enormous crime and being read aloud by the Kings command that reverend Prince rising up on a suddaine from his chaire of State continued standing and discoursed of matters of faith for a long time together adding at the close What thinke you of it And the Canons and Decrees of that very Councell informe us of much more namely that Charles the Great was the author of them for hee is the speaker The fourth begins thus The most pious King our Lord ordaineth with the consent of the Synod At the sixth seventh and eleventh the King and the Councell both speake It is decreed by the King our Lord and the holy Synod And at the tenth It is decreed by the King our Lord or by the Synod c. 2 Lewes the Gentle at his entrance into the Councell of Aix made an exhortatory speech wherein he warnes the Bishops to provide for some things by him specified which stood in need of reformation hee prescribed unto them a set forme which they were to follow which was highly commended by all the Synod yea and approved in all points besides he furnished them with divinity books which they might make use of All this is related in the Preface of that Councell whence it may bee inferred that hee
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
Paschal tell how they had read that Pope Gregory the seventh commanded the Marchionesse Maud that as shee would have her sinnes remitted she should make warre against and destroy the Emperour Henry the fourth But wee doe not conceive by what authority either he or others could doe it justly And afterwards addressing their speech to Paschal O holy mother Church of Rome hitherto thou observest the fashion and custome of binding and loosing discreetly and commandest us so to observe it Whence is then this new authority whereby impunity of sinnes alreadie committed and liberty of committing for the time to come is offered to delinquents without confession and penance What a gappe hast thou hereby set open to the wickednesse of men O mother God deliver thee from all evill 4 The story which is related by an English Monke is very remarkable About the same time saith he to wit the year 1258 there came into England a certaine Fryar of the Order of the Minorites called Mansuetus sent by the Pope at the instance of the King who trode in the steps of Mr. Herlot being instructed with a great power insomuch that changing their vowes he absolved all the Royalists as they called them at his pleasure or justified excommunicate falsifiers and perjur'd persons Whereupon divers delinquents tooke occasion to offend for the facility of pardon gives occasion to sinne but wise men made a mocke of it It is a meanes to induce any man to abandon himself to all kinde of vice and lewdnesse to bee assured that all the sinnes which hee can commit shall bee forgiven him 5 Wee will here set downe some passages out of a Bull which came to our hands containing the summary of many others granted by Pope Paul the third who called the Councell of Trent in the year 1539 to the brethren of the Fraternity of the Sacrament of the altar printed at Chartres by Philip Hotot the year 1550 at the request of the Protectours Proctours and brethren of that Fraternity Loe here the very words Giving and granting furthermore to the said faithfull Christians which shall enter into the said Fraternity of the blessed Sacrament of the body of IESVS CHRIST upon the day of their entrance full pardon of all their sinnes they being first confessed and the said sacrament of the altar devoutly received Besides three times in their life a like plenary pardon in manner and forme of a Iubily Furthermore unto the said brethren such as shall accompany the said blessed Sacrament when it is administred to sick folks or to such as by reason of their impediments cannot doe it and shall cause it to bee so accompanied as is above expressed and shall assist at Processions and divine service such as shall bee done and solemnized by the said brethren as above said an hundred years of true pardon for every time they shall so assist And those that shall visite the said Church every Friday in the year ten years of true pardon and as many quarentains saying a Pater noster and an Ave â—ary every Friday Behold yet another Article which goes further as wee shall understand by the commentary As also power to use and enjoy all and every the priviledges indults exemptions liberties immunities plenary pardon of sinnes and other spirituall graces given and granted to the brother-hood of the image of St. Saviour ad Sancta Sanctorum of the charity and great hospitall of St. Iames in Augusta of St. Iohn Baptist St. Cosmus and Damianus Of the Florentine nation of our hospitall of the Holy Ghost in Saxia Of the Order of St. Austin and St. Champâ— Of the fraternities of the said citie Of the Churches of our Lady De Populo de verboâ— together with all the gifts graces pardons and indulgences granted by our predecessours to those which visit the said Churches or to be granted by our successours to have and enjoy for ever 6 In the sequell of that Bull are set downe the indulgences granted to the Churches brother-hoodsâ— and Hospitals mentioned in the former Article with the names of the Popes that granted them amongst whom are named Sixtus Gregory Innocent Celestine Clement the fift Boniface the eighth Innocent and Sixtus the fourth But wee may doe better to transcribe the whole for it may bee there is now a scarcity of copies The Statutes and Ordinances of the worshipfull Fraternity of the most blessed body of our Lord Iesus Christ newly founded and erected in the Church of St. Hilary of Chartres together with a summary of the pardons and indulgences given and granted by our holy Fathers the Popes and by our holy Father Pope Paul the third of that name confirmed to the said Fraternity and all others of like denomination as well at Rome as out of Rome erected or to bee erected Which Statutes and Ordinances by virtue of the taking out of those Buls made thereupon by authoritie of Pope Iulius the third of that name now reigning given at Rome the sixt day of May in the year one thousand five hundred and fiftie shall bee observed and kept in manner and forme fâ—llowing The pardons Indulgences Iubily and plenary remissions granted to such as visit the altar where the blessed Sacrament and precious body of Iesus Christ is placed in the said Church of St. Hilary upon the daies in the yeare and according to the manner and forme hereafter declared and expressed to the end that every Christian desirous of his salvation may purchase and come by them 7 And first the declaration of the Indulgences given and granted to the brethren of the said Fraternitie found in the Church of St. Hilary of Chartres verified approved and confirmed for ever but made valid by our holy father Pope Iulius the third of that name now reigning 8 The Indulgences granted to the Hospitall of St. Iames in Augusta 9 The Indulgences granted to the Church of St. Iohn of Florence and to the company and society of the said nation and of St. Cosinas and Damianus of Rome 10 The Indulgences granted to the societie of the holy Camp of Rome 11 The Indulgences granted to the brethren and sisters of St. Saviour ad Sancta Sanctorum 12 The Indulgences granted to the companie of the Charitie of Rome 13 The Indulgences of the great Hospitall of the Holy Ghost in Saxia of the Order of St. Austin of Rome 14 The Indulgences of our Lady de Populo of Rome The catalogue and declaration of the Indulgences aforesaid with the names of the Popes that granted them and the dayes upon which they may be had 15 First our holy Father Pope Leo hath granted to all and every one of the said brethren which shall be present at Processions and other divine service celebrated upon Corpus Christi day remission of all their sinnes provided they bee confessed and penitent or have a full resolution to confesse themselves at the times appointed by our holy mother the Church Plenary pardon to those of
are forbidden to grant Bishopriques after Canonicall election For wee read that some Popes of good fame have become intercessours to Kings for those who had been elected unto Churches to get them to give them the Bishopriques and that others have deferred the consecration because they had not yet received the Princes consent I would have set downe the examples hereof were it not that I desire to avoid prolixitie in my letter So Pope Vrban as we understand excludes Kings only from the corporall investiture but not from the election for asmuch as they are heads of the people or of the grant although the eight Synod forbids them onely to assist at the election but not at the deliverie which whether it bee done by the hand or by seale or by word of mouth or by the rod what matters it Seeing Kings doe not pretend to conferre any thing that is spirituall in it but only to consent unto the will of those that require them or to grant unto them Ecclesiasticall possessions and other externall goods which Churches hold by the liberalitie of Kings As for the Sacrament of which he hath spoken now twice there was no question of that seeing that by former Councels the investiture was granted to Emperors and the consecration to Bishops 24 What can be alleadged more in defence of these later Councels If any man will say that the Emperour Henry was justly deprived of this right because he had violated the holy See and had put Pope Paschal in prison Wee will give two or three very pat answers to this objection One that hee did no more but repell the injury which was done unto himselfe For even in the Church and while he received the Eucharist from the Popes hands hee was like to have beene traiterously killed Heare what the German Chronicles say of it While the Emperour received the Sacrament from the Popes hands behold one of the principall of the Clergy who was offended with that purpose which the Emperour had put on that he would maintaine the constitutions of his Predecessors stirred up a sedition and tumult in the temple beat off the guard of the Emperours body and went about to seaze upon him who with much adoe saved himselfe repelling the force with his owne hands And speaking of the same Emperour hee afterwards addes Hee got him presently into the Citie killed a great multitude of citizens and Clergy-men tooke the Pope prisoner Elsewhere the Pope and Emperour were very good friends by meanes of the agreement made betwixt them of which wee have spoken already yea in such sort that the Pope sealed it by delivering the body of Christ unto the Emperour By giving unto him saith Sigebert the body and bloud of our Lord Iesus Christ in the celebration of the masse Wee give you this body said hee O Emperour in confirmation of the true peace betwixt me you And for a third answer his personal and particular fault could not prejudice the Empire and his Successours But we have said enough of this point It only remaines that some that can well manage it enter upon this inheritance There will want no right if hee want no forces CHAP. X. Of elections nominations and Investitures belonging to other Kings and Princes 1 WE come now to other Princedomes reserving France to bee spoken of in the last place The twelfth Councel of Toledo grants election of Bishops to the King of Spaine which our Popes have registred in their books It was decreed by all the Bishops of Spaine and Gallicia that without any prejudice to the priviledges of every particular Province it shall be lawful hereafter for the Bishop of Toledo to receive and consecrate all such Bishops as the Royall power shall elect and that every such Bishop shall bee approved by his judgement Which as Lancelot Conrad witnesseth is observed and kept even at this day 2 As for the Kings of England though they have often quarrelled with the Popes and the Clergy of the Kingdome about this point yet so it is that from age to age we alwaies finde them possessed of this right For to goe no higher about the yeare one thousand King Etheldred created one Robert Aâ—chbiâ—shop of London and one Edmund Bishop of Luiddifarne otherwise called Holyland at the entreaty of the Monks of that Bishoprique King Edward made one Robert first Bishop of London c. and afterwards Archbishop of Canterbury whose successour he made one William He gave also the Bishoprique of Shyrburne to one Herman In the year one thousand one hundundred seventie King William the first of that name bestowed the Archbishoprique of Yorke upon a Canon called Thomas In the yeare one thousand seventie eight hee bestowed three Bishopriques upon three of his Chaplaines and many others upon divers Ecclesiastiques 3 In the year one thousand ninety two King William the second bestowed the Bishoprique of Lincolne upon Robert Blunt his Chancelour he bestowed also that of Worcester upon a Canon called Sampson One of the two bestowed also the Bishoprique of Silchester upon Lanfranke 4 The yeare one thousand one hundred and one King Henrie the first bestowed the Bishoprique of Hereford upon Kemelin and gave him the investiture of it The same King gave the bishoprique of Winchester to a Canon called Thuilphus and afterwards to the Chaplaine of Queene Adalida 5 The yeare one thousand one hundred and two Anselme Archbishop of Canterburie would have made the Councell of Lateran to bee received in England holden against Henrie the fifth about the point of Investitures And in obedience thereto he made a difficultie of consecrating certaine Bishops who had beene invested by Henrie the first who was much incensed against him upon that occasion And forasmuch saith Matthew Westminster as hee would not consecrate certaine Bishops who had been instituted by the King obeying his pleasure nor so much as communicate with them the King was thereupon moved with choler against him 6 The yeare one thousand one hundred and seven there was a Councell holden at London where it was ordained That from thence forward no man should be invested in England by the King or any other Lay man into any Bishoprique or Abbey by the donation of the Pastorall staffe or ring alwayes reserving the homage due to the King But Henrie the first did not forbeare to use his right for all that which this Councell could not take from him And indeed in the yeare one thousand one hundred and nine he erected the Abbey of Ely into an Episcopall See and caused one Herveus to be ordained over it and having assembled divers Bishops at London in the same yeare hee made them consecrate one Thomas who had beene chosen Bishop of Yorke In the yeare one thousand one hundred and thirteen The same King Henry bestowed the Archbishoprique of Canterburie upon Richard Bishop of London and invested him in it by giving him the crosier
whereat the said Archbishop was highly offended in so much that he with other Bishops at the Synod of Estampes were upon the point of revoking the said consecration made by the Pope as prejudiciall to the authoritie Royal. See here what the same Bishop saith of it in a letter to Pope Vrban Moreover I give your Holinesse to wit that the Archbishop of Sens being infatuated by the counsell of the Bishop of Paris having summoned the said Bishop of Paris and two others of the same humor to wit he of Meaux and he of Troyes did very indiscreetly accuse me this present year because of the consecration which I had received from you saying that I had offended against the Kings Majesty by attempting to receive my consecration from the See Apostolique We have heard before what this same Bishop said of Investitures speaking of the King of France 26 We may now conclude that elections nominations and approbations in point of benefices have alwaies belonged unto our Kings and have beene at their free disposall By their last ordinances they have beene pleas'd as well to disburthen themselves of that charge as also to prevent the enterprises of the Popes to decree that elective dignities should bee conferr'd by elections and benefices which were not elective by the collations and presentations of the Collators and Patrons And this according to the Councell of Basilâ— which hath tied the Popes hands in this respect and the Pragmatique Sanctions of St. Lewes and Charles the seventh Yet this was still with two conditions one that the Kings Congé d'elire should bee requir'd by way of preamble at least in respect of Bishopriques and Abbeyes otherwise the election should be accounted a nullitie Which is verified by the letters of our Kings as farre as King Lewes the eleventh containing the said licence which may yet be found in the treasurie of Chartres in a great box quoted xxv Which right was declared to belong to King Philip the Faire when the question was about Saint Maglairs Abbey as some report 27 The other that the said Prelates before they could be called such should be bound to take the oath of allegiance according to the ancient custome as it was determin'd by the Arrests of the Parliament of Paris against the Archbishop of Anx and the Bishop of Mantes Which was observed in the time of Philip the first according to the testimonie of the Bishop of Chartres who in his epistles addressed to Pope Paschal speaking of the Archbishop of Rhemes who had beene depriv'd of his dignitie and for whose reestablishment the said Bishop had interceded to the Kings Councell The Princes Court saith he inclining to the contrary we could not obtaine an entire peace unlesse the said Metropolitan would make unto the King such an oath of allegiance as other Archbishops of Rhemes together with all the rest of the Bishops of this Realme of France how holy and religious soever they were made to the Kings his predecessors Divers authors beare witnesse of this oath of allegiance made by Bishops to their kings and princes both in England and France and other places some of them set downe the very forme 28 Since this time our kings have beene compell'd to divide their rights with the Popes to give them content and be at peace with them by taking away elections and reserving unto themselves in stead thereof the nominations and allowing unto Popes the confirmations By the ordinance of Orleans King Charles would have taken the Clergie and people in to his share by decreeing that when Bishopriques fell void the Archbishop and Bishops of the Province and the Canons of the Cathedral Church should meet togther with twelve gentlemen chosen by the Nobilitie of the Dioces twelve Bâ—rgesses chosen in the Guildhal of the Archiepiscopal or Episcopal Citie to make he a nomination of three persons of which the King should chuse one whom he pleased to name Which notwithstanding we never yet saw observed 29 Wee will say for conclusion that it is no small advantage to the Pope to have the confirmation of the Bishops of France which was granted him by the Concordat but it will bee farre greater yet if he keepe that authoritie which is given him by this Councel For by it hee will quickly bring all these Concordats to nothing and wil resume the extravagancies of his predecessors who had got all the elections and collations of the Bishopriques and benefices of this Kingdome into their Churches to the utter ruine and destruction of it draining the Realme of moneyes and filling it with strangers and bringing it to an extreame miserie as we say else where 30 We shall only here observe the particular interest of Kings and Princes for as much as concernes their power and authoritie whereof they ought to be very jealous if they marke it There is nothing which fortifies it so much as that right which they have to chuse and elect Churchmen nor which weakneth it so much as when the Pope hath an hand in it either in whole or in part Ivo Pishop of Chartres although hee had received his Investiture from Philip the first yet in asmuch as he had got his confirmation from Pope Vrban he was alwaies affectionate to him and the See Apostolique even to the prejudice of the King and Kingdome to whom he did sometimes very ill offices as wee collect from some of his epistles On the contrarie because Lupus had got the Abbey of Saint Peter de Ferriers in the Dioces of Sens by the donation of Charles the Bald he was alwaies loyall and he even brags of it in one of his Epistles 31 An English Historian though hee bee a Monke yet hee knew well how to set out this interest of Princes For speaking of the consecration of certaine Bishops of England made by Innocent the fourth when he was at Lions hee saith They were consecrated by the Pope not without great damage and danger to the Realme of England For the Pope having so ingaged the Bishops unto him they found themselves more obliged unto him and despising the King they were more inclined to doe mischiefe to the Kingdome 32 The Bishop of Chartres continuing his devotion to Pope Vrban gave him notice of this point upon the election of an Archbishop of Rhemes who he assured the Pope was very zealous for the See Apostolique adding afterwards Now how necessarie it is for the Church of Rome to place in that See a minister which is devout and affectionate unto her it is not for me to informe your wisedome which knowes very well that this See weares the Royall Diademe and serves for a patterne almost to all other Churches of France either of ruine or Resurrection 33 Not without cause did Pope Nicholas the first stomach at Lotharius because he would not suffer any Bishop to bee chosen in his Kingdome unlesse hee were faithfull and well inclined to
by our Kings unto the Clergy-men the Ordinances made in that behalfe are directed to the Courts of Parliament the baliffes and stewards who are prohibited by virtue thereof to compell them to make the said reparations as appeares by the Ordinances of Charles the ninth dated the 10 of September 1568. The eighteenth of September 1571. The third of November 1572. It hath beene also judged by divers Arrests of the Parliaments of this land which are to be seene in the great collection of them that the question touching the reparations of benefices belongs to the Lay Iudge and not to the Ecclesiasticall 20 As for the sequestration of the fruits which the Councell gives unto Bishops it belongs no more unto them than the other considering that they cannot put it in execution nor have any right of seisure in the goods moveable or immoveable And herein that Decree of Philip the third dated 1274 is worth our observation who prohibites a Bishop the granting the seisure of the moveable goods of a certaine Clerke condemn'd in a personall action considering that those goods were not within his episcopall Iurisdiction 21 But there is nothing more exorbitant than the jurisdiction which is by this Councell given unto Bishops over the Notaries Royall It is a certaine rule that Ecclesiasticall persons have no jurisdiction within this Realme over Lay men save in one case to wit when the question is concerning the sacraments and spirituall things This is so farre true that an Ecclesiasticall Iudge cannot so much as deale in a fault committed by his Lay gaolor for suffering a prisoner to make an escape or in any other offence committed in the gaole as it was judged by an Arrest given in the Great dayes of Poictires the 18 of September 1531 nor in any faults committed by the Proctour of his office if hee bee a Lay man although he have trespassed in the exercise thereof according to an Arrest of Paris of the 11 of April 1532. Now the Royall Notaries are so farre from being nay it is so impossible that they should be under the Ecclesiasticall jurisdiction that on the contrarie the Iudges Royall have authoritie over the Apostolicall Notaries This appears by an Edict of King Henrie the second made at Fountainbleau in September 1547 about the calling in of the Apostolicall Notaries wherein it is said That by the bailiffes stewards and Presidiall Iudges every one in his owne power and jurisdiction a sufficient number of the said Notaries shall bee adjudg'd and limited Which calling being so made by them and every of them his will is That they make choise of the most able and sufficient within their jurisdiction to the number by them determined And for the Notaries Royall it were a superfluous thing to alledge the Decrees which give the Kings Iudges authoritie to punish them in case of any offence or crime by them committed 22 The jurisdiction which is given unto Bishops over such married people as have only the single tonsure is not lesse extraordinarie A married shaveling hath as good as no priviledge at all in France but is reckoned in the ranke of Lay men because of the great abuses which have beene heretofore committed in this Kingdome For to inlarge the Ecclesiasticall jurisdiction the time was when Prelates bestowed that tonsure upon all sorts of people even upon some young infants some servants some bastards and some ignorant and illiterate married men yea and which is more if the Kings Officers prosecuted any offender if he but said hee was shav'd though indeed hee were not the Ecclesiasticall Iudge would straightwaies hooke unto himself the cognizance of the cause by censures and excommunications Which was a meanes of offenders escaping with impunitie because that they might get off by their purse from the Ecclesiasticall Iudges upon which occasion all malefactours inclined rather to this jurisdiction as it is prov'd at large in the Articles which were presented to King Philip by Mr. Peter de Cugneres against the Clergy of France 23 A certaine Queen of England complain'd to Pope Hâ—norius the third of that name that many married men made use of the tonsure to cheat her of the right which belonged unto her as it is recorded in the Decretals By an Ordinance of King Charles the ninth in the yeare 1563 it was decreed that none should bee admitted to sue by virtue of the priviledge of his Clergy to bee sent backe to the Ecclesiasticall Iudge in any case whatsoever whether civill or criminall unlesse hee were a subdeacon at the least which is as much as to exclude all simple shavelings whether they be married or no who notwithstanding shall bee admitted by the Councell of Trent yea in such sort that priviledged cases are not excepted in criminall matters nor personall actions depending upon the realitie and other such like civill matters howbeit that such exceptions have ever beene in force within this Kingdome and that even in all sorts of Ecclesiasticall persons 24 And see here another great prejudice done unto us by this Councell which we must either take a course to remedie or else all the regall jurisdiction on of our Ecclesiasticall persons will come to nothing and wee must talke no more of those distinctions which were wont to bee used in the pallace time out of minde in this regard For if priviledged cases and civill actions which belong to the jurisdiction Royall bee not excepted in the person of married Clerks then much more must wee admit of this new law in behalfe of other Clergy men whose priviledge is farre greater 25 As for Civill actions the Councell confirmes the Decree of Boniface the eighth whereby Secular Iudges cannot condemne married Clerks neither in personall causes nor pecuniary Which words are of a very large extent so great that we may comprehend under them not only actions which are purely personall but such also as depend upon reality all actions of contract reall and possessory For the word Pecuniariter being divided from Personaliter and placed before it in the said Decree will alwayes be understood generally and will â—omprehend within its latitude by meanes of that interpretation they will put upon it whatsoever concernes our patrimonie and all the actions which we can have either for the recoverie or preservation thereof Which they will confirme even by the auâ—horitie of our owne law 26 As for adulteries the usurpation is very notorious it is directly against the Civill lawes whereby the punishing of this crime belongs to the Magistrates not only by those of the Pagans but even by those also of the Christian Emperours The Ecclesiasticall Iudges in France never had the cognizance of such crimes over Lay men but this jurisdiction was left in the possession of the Secular Iudges Yea which is more we read two Arrests of Bourdeaux one against a Bishop another against an Abbat wherby they were condemn'd unto certaine punishments for the crime of
them hath burst out so farre that hee hath declared in his writings that the Roman Emperour is bound to him by an oath of allegeance as subject to him by a coactive jurisdiction as may bee gathered from the contemptible and ridicuâ—lous covert pretences in their narrations which they call Decretals He addes further The Bishops of Rome with their Cardinals durst not call these factious Ordinances lawes but they have Christened them by the name of Decretals howbeit they meane by them to binde men over to punishment and that considering the state of the present age by a coactive power just as humane lawgivers Which at first they durst not expresse by the name of lawes fearing the opposition and correction of the lawgiver considering that therein they incurred the crime of treason Afterwards they called these their Ordinances Canon law to the intent that under colour of the name though wickedly used they might bee more authentique and further to beget in faithfull people a credit and reverence and obedience to them Hee speaks yet more of them in the twentie first and twentie fift Chapters of his second part and some other places but wee will content our selves with this 7 Gregory Haymbourg a German Lawyer who lived in the time of Pius the second about an hundred and fiftie years agoe hath a discourse in a certain booke of his which comes neare to this of Marsilius Their Decret saith he was publiquely composed under Lotharius and Conrad to which howbeit there be much hay and straw of the Pope mingled with the authorities of Saints some notwithstanding give so much reverence as it seemes the Gospel were contained in it And from thence carnall Popes have arrogated to themselves by virtue of this Decree as an authenthentique book not of the Gospel a plenitude of power Afterwards Innocent the third compiled the Decretals for the better defending of their plenitude of power And whatsoever they could wrest from factious and schismaticall Kings and Emperours that they have transcribed into the sixth book of the Decreâ—als and into the Clementines as rights bestowed upon them by Christ. 8 Our French men also have stoutly rejected these upstart Decrets and and have contented themselves with the ancient with those namely which were contained in an ancient collection called Codex Canonum not willing to admitte of any other old or new the one as being supposiâ—itions the other as too presumptuous There was a great quarrell hereabouts betwixt the Bishops of France and Pope Nicholas the first in the time of Charles the Bald inasmuch as Nicholas would have obtruded certaine Decrees upon them for currant money which hee said were ancient which the other refused because they were not comprehended in their Code Wee are informed of this controversie by one of the Epistles of the same Pope writ to the Archbishops and Bishops of France where hee straines to refute their opinion concerning that point Howbeit saith he some of you have writ that these Decretals of ancient Popes cannot be found enrolled in all the bodie of the Code of Canons notwithstanding that they use them without distinction when they make for their purpose and maintaine that they ought not to be received now so to impaire the power of the See Apostolique and augment their owne priviledges If they say then that the Decretall Epistles of the ancient Popes of Rome ought not to bee admitted because they are not inserted in the Code of Canon neither should any edict or rescript of Saint Gregory be received nor of any other either before or after him because they cannot bee found in the Code of Canons All this was inserted into Gratians Decret Where it is to bee observed that all those goodly Decretals were forged since which goe under the names of Clement Anaclet Evaristus Alexander Telesphorâ—s and an infinite number besides which all men of judgement pronounce false upon the bare reading and yet notwithstanding our Councell gives the same authoritie to them which it does to the holy Scriptures 9 Now one of the maine arguments of this forgerie is that in this Code were contained only the Decrees of Sylvester Syricius Innocent Zoâ—imus Celestine Leo Gelasius Hilarie Symmachus Hormisdas Simplicius and Gregory the younger And that Pope Leo the fourth one of Pope Nicholas his predecessours writ to the Bishops of Brittaine That these were the Canons which were received in Ecclesiasticall judgements meaning those which are contained in this Code as it is said in Gratians Decrets Which Gregory the thirteenth in his late purgation expounds thus He meanes saith he the Canons and rules contained in the Corpus or Codex Canonum which the Bishops of Rome were wont especially to use in judgements And this very Code was sent by Pope Adrian the first to the Emperour Charles the Great as is gathered out of certaine verses which wee read at the beginning of it 10 The Nobilitie of France finding themselves grieved with these Decrees of Rome complaine very bitterly of them about the yeare â—247 under the reigne of Saint Lewes setting forth a certaine writing thereupon which went even into forraine Nations and was inserted at large in the historie of England See here a piece of it They doe so annull the Secular jurisdiction by their lawes that the children of servants are made Iudges of free men and their children howbeit according to the ancient and Secular lawes they ought rather to be judged by us and they should not derogate from the customes of their predecessours by their upstart constitutions so as they make us in a worse state than God made the Gentiles when he said Give unto Cesar the things which are Cesars and to God the things which are Gods 11 In the time of Charles the fift there was a booke made in France called The Vergers dreame first made in Latine then translated into French by his command In the seventh and eighth Chapters whereof the Clergy man and the Knight conferre together on this wise I call saith the Clerk and account the Decrees and Decretals of the holy fathers of Rome to bee good law which binde and oblige every true Christian as a subject and sonne of holy Church our mother To whom the Knight replyes If the termes of Rome be Decrees or Decretals Ordinances or Constitutions touching the temporall affaires of Kings Princes or other Secular Lords you Clerks among your selves shall call and account them law if you please But the truth is no man can establish nor ordaine any thing where he hath no power nor authoritie So as the King of France hath no power to make a law or ordinance to bind and tie the Empire so neither can the lawes of the Emperour binde the King of France nor his subjects And a little after I hold it therefore a frivolous thing and very ridiculous that the holy Father should make any Decree Decretal or Constitution about temporall matters And yet the greatest
of law concerning temporall matters which is above their jurisdiction for it disposeth of the administration of Hospitals and their revenues It ordaines concerning the making up of their accounts It compels the people to allow maintenance to their Priests Gives power to the Bishops and Ecclesiasticall Ordinaries as Delegates for the Pope to be the executioners in cases commanded by law of all donations to pious uses as well by last will and testament as amongst the living to visit Hospitals Colledges and Schoolesâ— to take the accounts of lay men for matter of buildings Hospitals alms all customs and priviledges whatsoever to the contrarie notwithstanding To examine Notaries elected by the authoritie Royall and Imperiall as Delegates for the See Apostolique and if they finde them insuâ—ficient or pâ—ccant in any thing concerning their office to suspend them for a time or deprive them for ever It deprives the lay patron of his right of patronage in certaine cases Gives the entire cognizance of causes Matrimoniall to the Church Imposeth a punishment upon ravishers of women whether lay men or Clergy declaring them to be incapable of any dignitie and condemnes them to give a dowrie unto those that they have ravished It gives power to the Ecclesiasticall Iudges to proceed rigorously against lay men that keepe concubines according to the qualitie of their crime in case they make no reckoning of Ecclesiasticall censures And grievously to punish those women which live openly with their adulterers and concubinaries according to the hainousnesse of their crime though no man required them to it and that they bee corrected out of the towne or diocesse of Ecclesiasticall Ordinaries calling in to their assistance the secular arme if need be It prescribes a forme and that a very new one to prove rights of patronage It useth commands to the secular Iudges which they should not receive but from their Soveraigne Princes 3 But one of their greatest usurpations in that regard is that which was made concerning duels First in the verie prohibition of them forasmuch as seeing they were allowed by humane lawes they should have bin prohibited forbidden by them too that so Clergie men intrench not upon lay men but every one contain himself within his own bounds Secondly in the coÌ„fiscation of Cities and other places belonging to the Emperour Kings Princes or any other persons where such duels shall bee fought with their leave Thirdly in the forfeiture of all the goods as well of those that fight as of their seconds To make it appeare that those are notorious usurpations wee will set downe this Maxime That a Councell or the Church hath no coactive jurisdiction over Kings and Princes And likewise this other That a Councell hath no power in temporall matters For the first we affirme that a Councell hath no power save onely over that which concernes the spirituall that is over such things as quicken the Spirit or have beene given by the Holy Ghost as namely the word of God and the mystery of the kingdome of heaven as saith the glosse of Saint Ambrose upon that place of the Apostle to the Corinthians If we have sowne unto you spirituall things is it a great thing if we shall reape your carnall things The reasons hereof are set downe in holy Scripture That the kingdome of Iesus Christ whose imitators the Clergie men are is not of this world That he conveyed himself away when he knew they wold have made him king That when he was desired to be judge concerning the division of an inheritance he said he was not made Iudge nor dividour betwixt them That he commanded to give to Cesar the things which are Cesars That himselfe would pay custome money and cause Saint Peter to pay it likewise That hee submitted himselfe to the jurisdiction of Pilate who was Iudge in Iudea in stead of the Emperour and declared that the power of judging him was given unto him from above That he said to his Apostles That Kings exercise Lordship over them and they that exercise an authoritie upon them are called Benefactors but ye shal not be so The Apostles have said that Clergie men ought not to intermeddle with the affaires of this world have commanded that every creature without exception should obey Princes and secular powers and honour the Magistrate as ordain'd by God Saint Paul appealed to Cesar and acknowledged him for his Iudge Saint Ambrose expounding that passage of the Apostle to Titus he admonisheth them to bee subject to Princes and Magistrates that is saith he Although thou have the spirituall Empire to command in that which is spirituall yet notwithstanding he adviseth them to be subject to Kings Princes heads and their Magistrates because the Christian religion deprives no man of his right 4 Saint Austin in his commentarie upon the same place shewes how the Church doth not attempt any thing upon the lawes of secular Princes For feare saith he lest the name of God bee blasphemed as invading that which belongs unto another and lest it should be thought that the doctrine of Christianity as injust did preach any thing against the civill lawes Saint Chrysostome saith That in the Church we should betake our selves to well doing freely and willingly not by constraint Because as hee addes the lawes have not given us any such power as that wee should punish mens offences by authority â—f a judiciall sentence Saint Bernard speaking to Pope Eugenius the fourth Which power and dignity seemes greater to you that of remitting sinnes or dividing inhâ—â—itance low and terrestriall matters have Kings and Princes of the earth for their Iudges Why doe you incroach upon another mans bounds 5 Claudius Espenseus a Sorbon Doctor proves by many good authorities that Clergie men are subject to secular Princes and owe all honour unto them as to their Lords We will here set downe a piece of it The Aposâ—le saith he conforming himselfe to the patterne and answer of our Saviour instructeth beleevers to be subject to the powers and priviledges of this world Thomas Aquinas hath observed that such admonitions were necessary at that time first to remove the errour of the Iewes who beleeved that they ought not to obey the commandements of men In the second place that they might not make any disturbance in the Church Which some troublesome fellowes not observing it is a wonder to see the hubbubâ— which they have raised on both sides by the controversie which they have moved betwixt the Kingdome and the Priesthood There went many hundred yeares after Saint Paul before this filthy Camarina Chrysostome never suspecting that any such thing would come to passe did simply expound those words Every soule Though saith he thou be an Apostle an Evangelist a Prophet a Priest or a Monke And his interpretation was followed by Theodoret Theophylact Oecumenius and other Greeke Authors Gregorie the first caâ—â—ed the
Great did freely confesse that God had granted the Emperour the rule not onely over the men of warre but also over Clergy men And Bernard who lived a long time after them in his Epistle written to Henry Archbishop of Sens makes this inference Every soule and yours too Who hath excepted you out of this generality If any man goe about to except you he goes about to deceive you Beleeve not such counsels c. 6 See here a great manie testimonies all together which might happily have made a greater show if every mans had beene brought in by it selfe But my purpose being to applie all this to the present maladie I thought it more convenient to make all these witnesses be produced by a partie not suspected and one who very well understood them Conclude wee from all these authorities that the coactive jurisdiction and temporall power does not belong to Ecclesiastiques but rather that it is a right Imperiall and Royall But wee must expound this last point a little more plainly Princes alone having this power and Secular jurisdiction and all that depends upon it sometimes they have used it themselves sometimes they have granted the exercise thereof to their Officers and Magistrates or even unto their Clergy men yet without utterly devesting themselves of it without making a pure cession from it and absolute transport they alwaies reserved unto themselves the Soveraigntie as Masters and Lords of it the power of transferring the exercise of that jurisdiction from one to another either in part or in whole to deprive whom they thought good without doing them any wrong to augment it in the person of their Officers and abate it in their Ecclesiastiques just as they have conferred part of it upon the latter to the prejudice of the former 7 Wee have elsewhere treated of the judgements passed by Emperours and Princes and also of the criminall causes of Ecclesiasticall persons Here wee will speake only of the cognizance of civill causes The Clergy were anciently under the jurisdiction of Secular Iudges in which there were afterwards many alterations The Emperours Valentinian and Valens in a certaine constitution directed to one of their Magistrates ordaine that Clerks bee assessed to great dammages for their frivolous appeals Valens Gratian and Valentinian give the jurisdiction of the civil causes of Clerks and their offences civilly prosecuted to the Synods of the Diocese reserving criminall causes to their Magistrates Theodosius and Valentinian reserve Clerks to the audience of their Bishops Valentinian the second Theodosius the younger and Arcadius declare that this is for Ecclesiasticall causes Martian will have the Bishops to be judges over the Clerks in their Dioceses and of their civill causes if the plaintiff have recourse unto them so that it was left to the libertie of him that entred the suit whether he would make them Iudges or have recourse unto the Magistrate as is specified in another law of the same Emperour Leo and Anthemius give this jurisdiction over Clerkes and Monkes to the Presidents of the Provinces within their circuit and to the Praefectus Praetorio at Constantinople And in another law they ordaine that the Bishops Clerks Monks and all other Churchmen of what qualitie soever shall answer before the Presidents of the Provinces and come before them when they shall be summon'd and accused Iustinian in his seventie ninth novell Constitution submits Monks to the jurisdiction of Bishops In the 83 constitution hee decrees the like for Clerks as well for matters civill as for Ecclesiastical crimes reserving others to his officers And furthermore in caâ—e the Bishops cannot or will not take the cognizance of them he referres them to his Magistrates In the 123 constitution hee prohibits the conventing of Bishops before his Magistrates in cases civill or criminall without his Imperiall command In other places the Emperours proceeding â—urther have given jurisdiction to Bishops not only over Clerks but also over Lay men Constantine the Great was the first whose law our Popes ascribe to Theodosius having made a very favourable constitution in behalf of Bishops whereby hee gives them the cognizance of all civill causes betwixt Lay men upon the bare demand of one of the parties albeit the other did not consent unto it In such sort as the Magistrates are bound to desist from the cognizance of it as soone as one of the parties shall require to bee dismissed and sent thither whether it bee at the beginning or middle or end of the suit 8 Arcadius and Honorius derogating from this law will have it to be by the joynt consent of both parties and that by way of arbitrement The same Emperours together with Theodosius doe ordaine that there shall bee no appeal from this Episcopall judgement and that their sentence shall bee put in execution by the Sergeants and Officers of the Iudges This is the law which Iustinian would have to bee observed I say those two last constitutions for as for that of Constantine he did not insert it in his books but the other latter Which Gratian hath confessed in his Decree And whereas in the Code of Theodosius the inscription of the title runnes thus De Episcopali judicio Iustinian in stead of it hath put De Episcopali audientia to shew that it is not properly any jurisdiction which is bestowed upon them but on the contrary a friendly and arbitrary composition to abridge the processe 9 After this time the Emperour Charles the Great in his Capitularie renewed the law of Constantine and gave the same jurisdiction therein contained unto all Bishops repeating the same law word for word Which the Popes have not forgot in their Decree where they have inserted the Constitution of Constantine under the name of Theodosius and that of Charles the Great just as Iustinian did in his Books the responses and commentaries of Lawyers to give them the strength of a law For as for them they thinke they are not subject to those of Christian Princes But they have gone further yet for by a most disrespectfull ingratitude they have gone about to serve themselves of these lawes against those very Kings and Emperours which made them to take upon them the jurisdiction over them themselves 10 Innocent the third served himselfe hereof against Philip Augustus King of France hee would needs make himselfe judge betwixt this Prince and King Iohn of England by virtue of these constitutions whereof hee makes expresse mention It is all one as if he had urged them against Charles the Great considering that hee made this law both as Emperour and King of France for hee submits tâ—â— French-men to it in expresse termes These lawes whether of Constantine or of Charles the Great should not now bee urged neither against the Emperours nor the Kings of France who did not make any law to tye them not against other Kings who doe not admit the law of the Empire
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
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
Acts of that Councell to shew how those Fathers are not content to wrong our Kings indeed but are further ambitious to make it appeare in writiâ—g Pope Paul the third in his Bull of 1542. by which hee called the Councell doth indeed give that honour which is due unto the King of France â—â—â—king him in this order in that exhortation which hee makes to Kings and Princes Praying saith â—e the foresaid Emperour the most Christian and all other Kings Dukes and Princes whose presence will bee very usefull to come themâ—elves in person to the celebration of this sacred Councell In the 8 Session â—â—â—er Paul the third the President of the Councell speaks in this manner That they will go on successively till it shal seeme expedient to our holy Father â—ho having communicated his Councell and advice with the most viâ—torious Emperor the most Christian King and other Kings and Princeâ— of Christendome the Councell may and ought to bee assembled in this place 6 All this goes well yet but for all that we doe not take it as a courtesie there could be then no question of the precedencie because the King of Spaine was Emperour too and as such tooke place of the King of France Now after that Ferdinand succeeded Charles the fifth and there was a Kiâ—g of Spaine in severall the Pope and the Councell altered their sâ—ile Pius the fourth in a Bull of 15â—0 for the continuation of the Councell Having acquainted saith he with our purpose our welbeloved sonâ—es in Iesus Christ Ferdinand Emperour elect of the Romans and oâ—her Kiâ—gs and Priâ—ces that they send their Ambassadours c. And the Councell it selfe in the tenth Chapter of the ninth Seâ—sion under Pius the fourth Wherefore it adviseth the Emperour Kings Common-wealths Princes c. And in the Acclamations at the end of the Councell worst of all Blessed bee the memory say they of the Emperour Charles the fifth and of those most serene Kings that promoted and protected this Generall Councell Resp. Amen Amen Many yeares to the most Serene Emperour Ferdinand ever-Augustus Orthodox and peaceable and to all other Kings Common-wealths and Princes 7 See here as sad an end for our Kings as the beginning was pleasing In the Catalogue of the fathers and Ambassadours they are diversly ranked but still to the disadvantage of France In the edition at Lyons in 4 printed by Rovillius ann 1566 as also in the French translation by Gentianus Hervetus printed 1566 and in the collections of the Orations spoken in the Councell printed at Paris 1563 this title is put before it The catalogue of the Ambassadours whose names are here underwritten according to their comming to the Citie of Trent And afterwards the Ambassadours are so ranked that the French come after the Spanish And in the catalogue of the Councell in Latine printed at Anvers 1596 and another at Lyons by the same Rovilliuâ— ann 1584 the French Ambassadours are placed next after the Emperours but it is afterwards said That the King of Spaines Ambâ—ssâ—â—our or Oratour sat by himselfe by reason of the controversie which aâ—ose betwixt him and the Ambassadours of the most Christian King See here a suit for our Kings which they may thank this Councell for They can never approve the Acts of it without doing unto themselves a most grosse prejudice That will bee asmuch as giving the King of Spaine a title whereby he will endeavour to make his cause good hereafter And there is no other way to ward this blow but by rejecting the Councell considering withall the great favours done by it unto the King of Spaine not only in this but all other things So when there is any occasion of making answere to his Ambassadours this Councell cannot finde words significant enough to expresse their commendations wherein it is too excessive and on the contrary too reserved and sparing when there is any question about them of France And in stead of what Pope Gregory said who compared the faith of our Kingâ— to a great light shining in the dark ranking them by that meanes above all other Kings in honour and dignitie The Councel on the other side gives this prerogative to the Kings of Spaine giving them the honour to bee the chiefe aâ—â—ngst all Catholique Princes Amongst whom saith it speaking of Kings and Princes King Philip Facile Princeps the prime man offers all his studies industry meanes and endeavours both of body and minde 9 One of the Presidents of that Councell speaking of the Kings of France and Spaine in a certaine booke of his puts the French King behind For disputing against Brentius he saith But what a thing will this bee if those bee not religious whom the Catholique Church holdeth for such As for the Kings of the Romans of Spaine France England Portugall Hungary Poland Bohemia Scotland and all other Christian Princes I doubt not but they are godly Princes I know very well that in writing that order is not alwaies observed which belongs unto the persons spoken of but for him who had beene President in the Councell at that verie time when the controversie arose hee cannot excuse himselfe from malicious and fraudulent dealing towards our Kings 10 Besides their right was so apparent that there could bee no question of it In former Councels they had alwaies taken that place without any controversie The Acts of them are a sufficient proof of it and amongst other of that of Lateran which begun 1512 and ended 1517 under Iulius the secondâ— and Leo the tenth Where in the eighth Session the Ambassadours are ranked in this order The magnificent Signiour Lewes de Solier Ambassador of the most Christian King of France The magnificent Signiour Ierom de Vic Ambassadour of the Catholique King Ferdinand of Aragon And in the ninth Session The magnificent Signiour Lewes de Solier Ambassador of the most Christian King of France The magnificent Signiour Ierom de Vic Ambassadour of the most Catholique King of Spaine The same is againe repeated in the tenth Session 11 AEneus Sylvius who was afterwards called Pope Pius the second in the Acts of the Councel of Basil ranks the Kings of France and Spaine in this order Of the Emperours Ambassadours the Bishop of Lubes the Lord George of the French the Arch-Bishop of Tours the Bishop of Troyes and others of our Colleagues except the Arch-Bishop of Lyons Of the Castiliansâ— only the Arch-Bishop of Consentia Of the Aragonians not a man howbeit it was afterwards said that the Bishop of Albigeaune and Francis Barbarianus who came for Milan had undertaken for the King of Aragon In the edition of the Councels of Constance and Basil printed at Milan by Gotardus Ponticus ann 1511 there is a picture at the beginning and end of either of them where the King of France is placed next to the Emperour 12 There is likewise a very ancient book called The Provinciall of all the Churches where after it
succour and favour there that nothing could be hoped for from thence but to the disadvantage of the French The nonage of King Charles emboldened the King of Spaine to call his honours in question our by-past follies have made him attempt upon the State for his successours But he that preserved and restored it as he surpasseth all the Kings of the earth in glorious atchievements will one day put a period to this dispute CHAP. VIII Of Indults and Excommunications 1 THis Councell repeales the Indults granted to the Chancelour Presidents Masters of Requests Counsellours and other Officers of the Courts of Parliament The holy Synod doth decree that mandates by way of provision and expectative graces as they call them shall not hereafter be granted to any not to Colledges Vniversities Senates or other particular persons by the name of Indult or for a sum certain or upon any other preteÌ„ce nor shal it be lawfull for them to use such as are already granted Neither shall mentall reservations nor any other graces upon the future vacancy of Benefices nor Indults for another mans Church or Monastery be granted to any not even to the Cardinals of the holy Roman Church and such as have been formerly granted shall be accounted abrogate And yet for all this it is a very ancient law some footsteps whereof may bee found in the times of Pope Sixtus the fourth and that even under the reigne of Philip the Faire as t is said in the liberties of the Gallicane Church Eugenius the fourth granted also some Buls out in this case which were afterwards confirmed by Paul the third in the yeare 1538 the publication whereof is inserted among the great Ordinances It is a thing which ha's beene tolerated by our Kings yea which ha's beene confirmed by them whose authoritie if there were no other title may suffice in this case 2 I will here transcribe certaine proviso's made by King Lewes th' eleventh taken out of an ancient Register which I have in my custody for the proofe of my assertion Lewes by the grace of God King of France to our welbeloved and faithfull Counsellour the Bishop of Limoges and to our trusty and welbeloved the Deane and Chapter of Limoges aforesaid and to every one of you as well jointly as severally sendeth greeting Whereas our trusty and beloved the Chancelours Presidents Masters of ordinary requests for our houshold Counsellours Registers Notaries together with our Advocates Atturney generall for our Court of Parliament every man in his place office are appointed ordained to wait continually upon the imployment administration of our said court the administration of justice supreme and capitall for our said Realme which is a very laudable thing commendable necessary for us our subjects the whole coÌ„monwealâ—h of this our kingdome in which our Court the rights and liberties of thâ— Church of France whereof we are the guardian and protectour are preserved And for this reason our said Court doth consist in part of Counsellours and Officers which are Clergie men and Ecclesiasticall persons And in consideration of the great laudable and commendable services of the said Chancelour Presidents Masters of Requests Counsellours Registers Notaries Advocates and Atturney they or others by their nomination by meanes of the intercession of our predecessours to the Prelates and other Patrons and Conferrers of beneficesâ— have beene preferred unto and generally provided of Church livings which the said Prelates or others the Patrons or bâ—stowers of the same have freely conferred upon them or have presented them unto the said Tatrons in favour and consideration of us and their owne great and commendable services as aforesaid Which said Chancelour Presidents Masters of requests Counsellours Registers Notaries Advocates and Atturney since our comming to the crowne nor a long time before have not had any such prâ—ferment upon our entreaty and request to the said Prelats Patrons and Collatours as formerly they were wont to have And for this reason the said Court hath with our leave and licence made a certaine roll wherein every one of them are presented and nominated or have presented and nominated others in their stead each one to some or other preferment belonging to you or other the Collatours and Patrons of the benefices of our said Realme And whereas our trusty and welbeloved Counsellour Mr. German Chartelier hath nominated Mr. German Chartelier his sonne unto one of your Collations and presentations wee considering the continuall charge and imployment the great paines and trouble of our said Chancelour Presidents Masters of request and other Officers who are all noted men learned and skilfull in the law following the good and laudable customs of our ancestors as also of the conferrers and patrons in our said Realme we entreat and require you to give present and bestow upon the said Mr. German Chartelier for and in stead of our said Counsellour whom hee for his part hath nominated in his place the first benefice that shall be void within your disposall collation or presentation as our said Counsellour shall require or cause you to bee required thereunto Hoping that you will not make any deniall or difficulty of this our request which is most just and reasonable but will obey it especially considering that our said Chancelour Presidents Masters of requests Counsâ—llours and other Officers of our said Court are imployed daily and in continual trouble about the maintenance and defence of the rights and priviledges of the Churches of our said Realme and the administration of justice to our said subjects signifying unto you that you shall herein doe us such an acceptable favour as nothing more by meanes whereof we take you and your affaires into speciall recommendation Given at Mascon the eighteenth day of August in the yeare of Grace 1503. and of our reigne the sixâ— thus subscribed By the King In the presence of my Lord Cardinall D'Amboise Legat in France and others Robertet Sealed with yellow wax with the Kings broad Seale 3 There is in the same Booke an exemplification of the privie letters which the Court of Parliament writ to the Prelates about those nominations the tenour whereof is this Reverend father in God wee send greeting to you Reverend father in God it hath pleased the king to grant unto the Presidents Counsellours and other Officers of this Court his letters and nomination to some benefices which are in the hands of some Conferrours and Patrons of this Realme and among others to our brother such a Counsellour of our said Soveraigne in this Court to the benefices which are in your gift and disposall Wherefore we most earnestly beseech you that in obedience to the said letters and in consideration of the deserts of our said brother you would bestow upon him the first benefice that fals in your gift being by him required thereunto And in so doing you shall doe us a most acceptable courtesie for which we shall take your affaires
Bellarmin l. 1. de Conciliis c. 16. V. Acta Concilii Niâ—â—ni Ruffin l 1. Act. â—5 â—2 Cap. 32. Tom. 1. Act. Concil Ephefini Eusebius de vita Constantini lib. 4. c. 42. Act. Concil Ephes. tom 1. cap. 12. V Actâ— Conc. Nicani cap. 8. Theodore◠〈◊〉 â— â— p. 10. The â—reâ—â— Fathâ—r restrained of their libâ—rty Vid. Acta Concilii Consâ—antinop 6. tom 2. Conc. Vid. Acta Concil Francâ—ord in libello sacro syllabo tom 3. Concil pag. 6â—5 Hâ—c decâ—eta extant MS. in vet Bibliothecu V. Synodum Francicam tom 2. Con p. 456. V. Synod Suession tom 3. Concil p. 438. Rhegno sub an 787. Concil Meldense tom 3. Conc. p. 866. Synodus Pistis in Princ tom 3. Conc. p. 900. Lay men have assiâ—tâ—d at Councâ—ll in Frâ—nce Vide Concil Tribuâ—iense in princ in fine tom 4. Concil pa. 26. Rigordus de gestis Philippi Augusti sub anno 1179. M. â—ean du Tillet greffier en ses memoires V. Capitulare Caroli Magni lib. 2. ca. 24. 25. Rigordus de gestis Philippi Augusti sub anno 1200. Idem Rigordus a Iean le Maire en la 2 partie de la division des schismes b Martinus Polonus â—ive additio adeum Postea idem Rexâ— convocatis Praelatis Baronibus â—c Comitâ— regni Parisiis â—oncilium celebravit petens â—oncilium eâ— auxilium contra Papam praedictum c Iean Bouchet en la 4 partie des annales dâ— Aquitaine Platina in Bonifaâ—io 8. V. Pragmat Sanctionem in principio et in fine Vide hunc appellationis libellum in fasciâ—ulo rerum expeâ—endarum Iâ—an de Maire en la 2 partie de la diâ—â—ereâ—ce des sâ—hism Lay men admitâ—ed to Councell in England and Spâ—ine Neubrigenâ—is l. 1. â— 19. Concil Toleâ— 6. Tom. 3. Concil pag. 83. Concil Tolet. â— Tom. 3. Concil p. 184. Concil Tolet. 1â— versus princip Tom. 3. Concilâ— pag. 374. Math. Westmonast l 1. sub an 905. Neubrigens lib. 1. cap. ult Neubrigens lib. 2. cap. 2â— Idem Neubrigâ— l. 1. cap. 14. â—oâ—â— Lâ—y men have and may bee admitted to Councels Luitprandus rerum per Europam gestarum lib. 6. cap. 6. 10. 11. Martinuâ— Polonuâ— in Henr. 3. sub anno 1058. Vetuâ— author qui scripsit de investituris apud Theodoricum à Nihem in tract de privileg â—uribâ—s Imperat. pag. 785. â—dem author Nicol. Câ—sanus lib. 2. de concor â—athol â—ap 16. Nicoâ—aâ—â— in epist ad Miâ—â—aeâ—em Imper. For what end Lay men may be admitted Bellaâ—m lib. 1. de Concil câ— â—â— Marsilius de Padua in desens pac part 2. cap. 20. Vide Aâ—â—a Concilii Nicaeni Panormit â—n cap Signiâ—icâ—stâ— de Elect. a Socrat. lib. 1. Eccles. hist. ca. â— b Concil Tolet. 4. tom 3. concilâ— pagâ— 65â— Lâ—â— mâ—n admitted at Constance and Pisa. c Concil gener 6 d Const. et Conc. generale 7. Nicaenum tom 3. Concil pag. 234 452. e Guilielm Duâ—ant in trans de Concil f In tract de potest Papa lib. 3. c. 12. Et in Conc. genâ—ralia dist 13. q. 4. g Cardinalis Iacobatius lib. 2. de Concil Art 6. h Marsilius part 2. cap. 20. in def pac * Onuphriuâ— in Pio 4. Bellarm. lib. 1. de concil ca. 15 Vide chronicum Pauli Langii anno 1417. Et Pietro Messia en la vita de Sigismondo Apologia concilii 2. Pisani Impressa Mediolani per Gotardum Ponticum â—nno 1512. Vide Acta conâ—ilii Pisani 2. Nothing done in the Councell but what the Pope pleased Extat in libello de statu Eccles. Gallic in schismate Extat in eodem libello Du Moulin en son conseil sur le concile de Trente Et l'autheur de l'advertissement sur la reception du concile de Trente Extat hac epistola Parisiis impressa apud Nicholaum Chesneau anno 1563. Lay mâ—n calleâ— to Councels in France Guido Faber in Oratione sua habita in Conc. Trid 4 Iunii â—nn 1562. Voyes â—es commentaires du Sieur president de l' estat de la religion et republique soâ—s Henri et Francois 2. et Charles 9. The Councell depended wholy upon the 〈◊〉 Pope Apolâ—â—ia Fontidonii Onuphrius in vita Paull 3. AEnâ—as Sylviuâ— iâ— comment â—â—â—cil Basilâ— Cap. Ego de jurejurando Extra Onuphrius in vita Pii 4. 〈…〉 beaâ—e â—hâ—â—haâ—gâ—s of â— Counâ—â—ll â—useb loâ— 10. â—â—p 5. Châ—odoret l. 2. â— 16. Euseb. de vitâ—â—onsâ—antini lib. 3. â—heodoret l. 21 cap. 30. Sozomen lib. 4. cap. 16. Sulpitius Seâ—erus Sacra hist. lib. â— This Councell compared with others for number of Bishops a Yet I have seene a Catalogue printed 1546. where when the 6. Session was seâ— are râ—ckoned but 3. Caâ—dinals 3. Archbiâ—shâ—ps 1. Ambassadour the Secretary â—nd Proctor of the Councell 4. â—enerals and 2. Spanish Doctors in all 38. AEneas Sylv. liv 1. Comment Concil Bas. Bellarm. de conâ—cil author l. â— cap. 19. Henry 2. â—roâ—ests â—gâ—inst the Couâ—câ—ll Extat in libello de statu Ecclesiae Gâ—lliâ—anae in schismaâ—e Complaints made by the Emperour and thâ— French king Vid. Can. principatus 1. q. 1. t. Egi tecum D. De rejudicatâ— l. Sedet manente precariò D. De prec Canonist in ca. 51. qui authoritate de praebâ—n in 6. Bald. Cons. 50â— l 5. alios Non diâ—o sed â— numeratione sacilè conclusio inferri potest Si invito creditore aliud pro alio solvi possit The French Ambassadours lefâ— the Counâ—â—ll In vvhat â—se a â—udge may bee refused Glâ—ss in Câ—n. â—lâ— caus 3. q. 5. in verb. canoniâ— a Tacitus â—ive Quintilian in dialogo de causis corrup eloq b L'ordinance dâ—â—loâ—â— c Vtebantur hac formulâ— EIVRO NIQVVS EST. Asconius in Verrinam 2â— The King of Englands Protestation Sleidan comment lib. 11â— Surius in hiâ— Hisâ—oâ—y in the 〈◊〉 1537. ouâ— of the French trâ—â—slâ—tion by Iames Estouâ—neau Surius ibid. The King of Englands protestâ—tâ—on Sleidan comment lib. 11. Sleidan l. 16. This answer was printed an 1561. V. libellum de statu Ecclesiae Gallic in Schismate pag. â—78 179. There were diverse Councels about the same thing ¶ Augustin in in breviculo Collat. cum Donatistis Et Optatus Meliâ—it lib. de schismat Dâ—natist Et Collatio Carthagini habitâ— Idem August in Collat. 3. dict cap. 12. Idem ib. c. 19. Idem ib. c. 2. The caâ—â—â—agâ— of the Counâ—â—l at Ariminum a Hilarius in fragmento ex opere historico b Sulpiâ—us Severus in historia sacra c Idem Sulpitius li. 2. Sac. hist. Ac siqui â—ertinactùs obsislerent dummodo is numerus intra quindecim esset in exilium pellerentur Idem ibid. Dubius anniâ— Hilarius scilicet magnâ curarum mole aesâ—uans cum plerisque videretur non ineundam cum his coÌ„munionem qui Arâ—minensem Synodum reâ—â—pissent optimuÌ„ sactu â—râ—itratus sic legendum non arbitrati revocâ—re incipit cunctâ—s ad emendationem et paenitentiam frequentibus intâ—a Gallias Conciltis atque omnibus ferè Episcopis de erâ—ore profit entiâ—us ap
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