from whom the appeal is made should be judge in the very case of appeal for our Doctours finde that the judge from whence an appeal is made may be refused in all other causes which concerne the appellant so long till the appeal be void CHAP. IV. That the reformation of the Pope was the thing in question IT is further alledged that Pope Adrian the sixth did freely confesse by the mouth of Francis Chregat Lord Bishop of Abruzzo his Legat at the Dyet of Noremberg 1522 that the See of Rome was corrupt and depraved and that the corruption of the Church was derived from the Popes wherefore he did promise they should have a free and generall Councell Now this acknowledgement doth disable him for being head of the Church This is further verified by his owne instructions given to his Legat where in the tenth article he saith thus 2 Wee know that within some yeeres agoe some abhominable things have crept into this holy See some abuses in matters spirituall some transgressions of Commissions and all out of order and it is no marvaile if the infection descended from the head to the members from the Pope to the under-Prelates Wee have all degenerated I meane we Ecclesiasticall Prelates we have gone astray out of the way there is not one that hath done good this long time no not one Wherefore for as much as concernes us you may assure your selves that we will take paines in the first place to reforme that Court from whence happily all this evill hath come to the end that as the corruption proceeded from thence to the inferiour orders so soundnesse and reformation may come thence also Which to doe we perceive our selves so deeply obliged that wee see the whole world call for a reformation Howbeit no man must admire if hee do not see an absolute reformation of all errours and abuses in an instant the malady is too far spread and too deep rooted Wee must goe step by step to the cure of it and hye â—o such things as are of most importance and greatest danger for fear of putting all out of joynt by attempting to reforme all at once All suddaine changes are dangerous in a Common-wealth saith Aristotle and hee that wrings the nose hard brings forth bloud Marke here the words of that honest Adrian So that it hath been conceived the common voyce of Christendome for these two hundred yeeres almost that it was fitting there should bee a reformation in capite in membris both in the head and the members but the Popes wrought so well by their schismes shifts and tricks that the endevors of those that ingaged themselves herein were to no purpose and the Synods called about this were all to no effect and fruitlesse The Councell of Constance after the deposall of Pope Iohn the twenty third had made this good decree 3 That the new Pope who should be next chosen together with the Councell before he departed from thence should reforme the head of the Church and the Court of Rome about such articles as had beene put up by the people and nations But Pope Martin the fifth as soone as he was created did quickly shift himselfe from those who cryed so for a reformation and amongst others from the Emperour Sigismond who was more hot upon it than any else Platina gives the reason of that delaying A matter of that weight being finished as well as heart could wish by the travaile and endevour of all the Princes both Ecclesiasticall and Civill but especially of the Emperour Sigismond they begun to talke of the reformation of the manners both of the Laity and Clergy which were much debauched by overmuch licentiousnesse But because the Councell of Constance had continued foure yeeres already to the great incommodity both of the Churchmen and their Churches it seemed good to Martin with the consent of the Councell to defer a matter of such importance to a more convenient time For hee said the thing required maturity and deliberation seeing that in Hieroms opinion every country hath their severall customes and conditions which cannot bee removed on a sudden without disorder They have had leasure enough to thinke of it since for wee are yet consulting about it and nothing at all hath beene done besides 4 The acts of that very Councell and of that at Basil and others since give us sufficient proofe hereof who being not able to compasse this reformation put it off from hand to hand and commended it in succession one to another ordaining that the keeping of Councels should be every ten yeeres but so as the first should be within five yeers and the next within seven and this principally to provide for the reformation of the head and the members The second Pisan holden 1512 which was assembled for the same ends was so belaboured by Iulius the second and Leo the tenth that it was constrained to yeeld to their mercy and give place to the Lateran which was called for no other end but to countermine and disanull that other as is confessed by the historian of the Popes These good Fathers however they were for the most part French-men have left us in their acts a testimony worth our observance and that is that For many yeers there had not been any general Councels and if any were called as the first at Pisa and that at Constance Sene Basil and Florence yet the Church could not be reformed to the purpose by reason of those impediments and cavils which were procured thereupon which befell themselves also For Iulius the second and Leo the tenth had the wit to winne first Maximilian the Emperour and then the Cardinals that were at Pisa. King Lewes the 12 after the death of Iulius suffered himselfe to be led away with the blandishments of Pope Leo considering withall the danger whereinto the first had put both him and all the Kingdome of France against which he had procured the Kings of England and Spaine to take armes insomuch that renouncing the Concell of Pisa he acknowldged that of the Pope and caused certaine Ecclesiasticks of his Kingdome to doe as much But from that time till this we could never see this reformation for as for the Councels of Lateran and Trent they never cared for medling with it Which was worthily represented by Monsieur Arnald de Ferriers the French Ambassadour at the Councell of Trent in an Oration delivered by him September the 22. 1563 where he said That they had been entreating for a reformation of the Church in the head and members above 150 yeeres to no purpose and that in sundâ—y Councels as those of Constance Basil Ferrara and the first at Trent and that the demands which were made in that of Constance by Iohn Gerson Chanceâ—our of the Vniversity of Paris in behalfe of the King of France may bee â—ead to this day as also those that were made in behalfe of the same Prince by M.
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
heads and the Popes Bull represented in their hands and his armes reversed All which was done by the advice of the Princes Lords Prelates and other Ecclesiastiques of his Kingdome together with the Parliament and University of Paris as appeareth by the Acts published concerning this particular Lewes the eleventh to wave the censures of Pius the second made his Atturney generall put in an appeale from that Pope to the next Councell Lewes the twelfth had a defensive warre against Iulius the second upon this occasion He had suspended him by the Councell of Pisa whereupon hee procured a Synod of the Gallicane Church held at Tours in September 1510. to determine against him That it is lawfull for Christian Princes to defend themselves against such Popes as stirre up unjust warres against them and to substract their obedience from them The Parliaments of this Kingdome and namely that of Paris have alwaies engaged their authority for the justice of such defence either by way of humble remonstrance made to our Kings who upon the perswasion of some bad Councellors sometimes yeelded too much to the Popes impositions or else by reason of the exigency of their affaires which those cunning fowlers were ever ready to spy out soothed them up in their humour too much or else by cancelling the Popes Bulls in cases of appeales as of abuse or some other way where the Advocates and Atturneyes generall have euer had a faire occasion to shew their strength and abilities in and whence many of them have purchased eternall commendations The famous University of Paris and more especially the learned Sorbon have as it were set bounds and limits to the power of the Popes and made them know their duty they have sleighted their injust Buls and what by their consultations what by their appeales to future Councels they have preserved our liberties and priviledges entire even untill this instant I will not robbe the Clergy of France of the honour they have atchieved nor of the share which is due unto them in all these tropâ—ees What though there were some of that ranke defective in their duty to their Prince out of a timorousnesse which they might have of being disobedient to him whom they accounted their spirituall Head yet there wanted not some of them who stood in little awe of his chafings and thundering The Prelates of France in the Synod of Rhemes held under Hugh Capet made a declaration that the Popes have nothing to doe to usurpe the power and authority of Kings Arnalt Bishop of Orleans maintained in that Synod that the Popes have no power at all over the Bishops of France so as to have any cognizance of cases belonging to them and hee declamed most stoutly against the avarice and corruption of the Court of Rome Gerbert Archbishop of Rhemes and afterwards Pope of Rome in an Epistle of his writ to Seguin Archbishop of Sens saith that Rome approveth such things as are condemned and condemneth such as are approved That saith he which wee say belongs onely to God the Apostle tells us If any preach unto you any other things than those ye have received though it be an Angell from heaven let him be accursed Must all Bishops burne incense to Iupiter because Pope Marcelline did so I dare boldly say if the Bishop of Rome have offended one of his brethrenâ— and will not heare the admonitions of the Church he ought to be accounted as a Heathen and a Publican The Bishops of the Councell of Ments writ yet a little more tartly to Nicholas the first calling his fury tyrannicall his decree injust unreasonable and against the Canon lawes accusing him of rashnesse pride and cousenage and so giving him to know that he had no power over them and that he ought to acknowledge them for his brethren and fellow-Bishops Vrban the second forbade the Bishops of France to crowne Philip whom he had excommunicated but they were readier to obey their Kings commands than his prohibitions as we shall tell you anon The most of those oppositions made by our Kings whereof wee have spoken were abetted by the Prelates and other Ecclesiastiques These latter times afford us as pregnant examples as any of the precedent wherein we have seene the most learned and honourable Prelates of France banded together for the maintenance and defence of their King their rights and liberties of their Countrey and Church of France against a Gregory the fourteenth a Sixtus the fifth and such others as projected the demolition and utter ruine of this State It were too hard a taske to goe about to reckon up the words deeds and writings of the many Prelates and Churchmen of this Kingdome whereby they have many times repulsed the invasions of Rome 12 Suffice it us to say that in the greatest stormes God hath ever raised up men of courage and discretion as many yea more of that order than any other who have rung the alarum sounded the trumpet taken up armes and given our Kings to understand how farre they might exercise their power in spiritualls for the preservation of their rights and liberties 13 Nicholas the first in a Synod of his holden at Rome in the yeer 865. revoked the Decrees of the Councell of Ments pretending that it had attempted to make a divorce betwixt King Lotharius and Thiberg his wife promising withall that he should afterwards marry with Waldrada and this without the authority of the See Apostolique he also deprived of their dignities and excommunicated Theugot Archbishop of Triers and Gunther Archbishop of Cuâ—â—en and passed the same sentence of condemnation upon the rest of the Bishops of that Councell in case they did imitate and uphold the former Please you heare his owne words The sentence of deposition which we have denounced against the foresaid Theugot and Gunther and the other chapters made by us and the holy Councell shall be here inserted Yet for all these menaces they caused pretty stout letters to be writ to the Pope in the name of Theugot and Gunther whereby they shewed that they made no great reckoning of his thundering and condemnations though hee had given them a taste of a Councell We doe not receive said they that corrupt sentence which is far from any zeale of equitie injust unreasonable and against the Canon law But together with the whole assembly of our brethren we disregard and reject it as a matter unconscionable and full of wickednesse pronounced in vaine Nor will we communicate with thee who art a favourer of such as are anathematized and cast out despisers of holy Church and dost indeed hold communion with them But we content our selves with communion with the whole Church and that fraternall society which thou proudly misprizest in exalting thy selfe above it and excludest thy selfe from it making thy selfe unworthy of it by an over-haughty advancing thy selfe So that out of an inconsiderate lightnesse thou art strucke with an anathema
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
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
our said Cozen the Cardinall of Ferrara his Legat hath promised unto us on the behalfe of his said Holynesse and whereof indeed he hath already made great overtures for these causes and other considerations us thereunto moving having a regard unto the foresaid remonstrances made unto us with the advice of our most honoured Lady and mother the Queene the Princes of our bloud and our Privy Councell we have removed and taken away and doe hereby remove and take away the prohibitions aforesaid and the penalties annexed to be imposed upon the offenders against them by our Edict and Ordinance of Orleans and doe make void the Ordinances aforesaid for the reasons before mentioned 24 The Councell of Trent was holden at the time when this declaration was made from which our King expected a great reformation concerning the premises and particularly considering what assurance the Pope had given him hereof But all in vaine Whence it followes that the cause of this suspension ceasing the effect should cease likewise and that therefore we are under the Ordinance of Orleans which was just and good to the observation whereof we ought the rather to bee inclined in as much as wee understand by the testimony of the Court of Parliament and the accounts hereupon made by it unto Lewes the 11 that by reason of Vacancies Expectatives and such like meanes there goes almost a million of crownes from hence to Rome every yeere Which is further confirmed by the testimony of the Ambassadours of the Archbishop of Magdenburg in Germany who was present at the Councell of Basil who hath left upon record that he learned from the Archbishop of Lyons then living that during the Popedome of Martin the fifth who sate 14 yeeres there were carried to Rome out of this Realme of France only nine millions of Crownes without reckoning what was brought in by the Clergy-men of inferiour quality 25 It is reported by an English Historian that Henry the 3 King of England in the yeere 1245 caused an estimate to be taken of the pure rents which the Pope had out of his Kingdome and that it was found they amounted to as great a summe of money as all that he himselfe received out of his Realme nor reckoning divers other commodities beside The like is affirmed by all England together in an epistle sent to Pope Innocent the 4. where it is said That he received more pure rents out of England than the King himselfe who is the guardian of the Church and the governour of the Kingdome And hereupon the the transporting of gold or silver to Rome was forbidden in this Kingdome by many good Statutes made at severall times Saint Lewes who amongst divers others made one hereabouts expresly forbidding all such exactions was neverthelesse Canonized for a Saint King Charles the 6 Henry the 2 Charles the 9 and others were never thought the lesse Catholique for this nor the people of France that demanded it in their Councels of State ever reputed the lesse zealous in Religion For by this meanes the Popes and Cardinals would be the more honest men for there is nought that spoiles them but too much ease and wealth And so they should both cleare themselves from that infamous crime of Simony which all Christians detest and abhorre and also acquite all those that barter with them who according to the opinion of Devines and the sentence of the Parliament of Paris in the 71 Article of their Remonstrance share with them in the sinne also For to beleeve the Popes flatterers who goe about to perswade them in their filthy writings that though they practise Simony yet they cannot be Simoniacall this were to hood winke the eyes against all truth and to sleep in a blind ignorance The men who were the most eminent for learning in the time of Pope Paul the third who were bound by oath and adjured by him upon paine of excommunication to tell him the truth concerning the reformation of the Church told him plainly amongst other things That it was not lawfull for the Pope and Vicar of Christ these are their very words to make any gaine out of the use of the power of the Keys committed unto him by Christ For it is Christs command say they Freely yee have received freely give 26 The Emperour Ferdinand in his demands put up at the Councell of Trent required that the ancient Canons against Simony might be restored Now these ancient Canons bind the Pope as well as other Bishops and you shall finde no exception for him there but our Councell had no leasure to thinke of this I could here make a large discourse of the Reservations of Bishopriques and other dignities and benefices Ecclesiasticall of the granting out of Graces and the next voydance of benefices of mandats of provision and other wayes which the Popes have used and doe use to this day to enhanse their revenues The Ordinances of our Kings are full fraught with complaints made concerning this particular as are also the works of divers authors All those that ever medled with reformation put alwayes up some Articles about this point The deputies of Paul the third have a whole Chapter of it in their Councell The Councell of Basil and the Pragmatique Sanction hath condemned them The King of France desired the like in his demands Yea and the Councell it selfe hath taken an order with them but it is with reservation of the Popes authority above all which is as much as to put a gull upon all Christendome seeing the reformation in this case was demanded onely against him inasmuch as he is the man from whence all the disorder proceeds And after this all that are acquainted with the Court of Rome doe very well know and can testifie how the Pope doth still practise these meanes and whether all the decrees of this Councell have debarred him of dispensing his favours 27 The Popes not content with the gold and silver which they get by these meanes doe use taxes and tributes besides like secular Princes not only upon Clergy men but Lay men also yea upon whole Princes and Kingdomes Gregory the 9 the yeere 1229 demanded of the Kingdome of England the tenth part of all the moveable goods as well of the Laity as Clergy to maintaine his warre against the Emperour Frederickâ— telling them that he only had undertaken that war in behalfe of the Church Catholique Which demand Henry the third King of England saith an English Monke having passed his word to the Pope by his officers for the paying of those tenths had no way to gainsay But the Earles and Barons and all the Laity did oppose it refusing to engage their Baronies and demaines As for the Bishops Abbats Priours and other Prelates after three or foure dayes consultation they at last condescended to it with a great deal of murmuring fearing the sentence of excommunication in case of refusall as the Monke hath it word for
word The execution whereof ensued as rigorous as ever For one Mr. Otho who was sent as Legat upon that occasion did not spare excommunications causing besides certaine great summes of money to be levyed for the defraying of his charges because as he said in this commission hee was not bound to make war at his owne charges Mean while the Legat not forgetting himselfe did not neglect to extort both money and meanes for himselfe for compelling every one to pay him procurations he sent certaine rigorous injunctions to the Bishops and Archdeacons to this effect He afterwards demanded the fifth part of all the goods and spirituall revenues of the Clergy men aliens who had any preferments in England whereof there were then good store and from them hee proceeded to the rest and all to make warre against the Emperour Frederick And whereas divers were marked out for that beyond-sea voyage hee dispatched a pretty commission to his Legat to absolve them of their vow and to exact of them certaine great sums of money All these evils were occasioned mainly by the softnesse of King Henry the third who when it was asked by his subjects Why he would suffer England considering the large priviledges thereof like a Vineyard without a wallâ— to ly open to the prey and desolation of passengers He replyed â— neither will nor dare contradict the Pope in any thing 28 Nor is here an end For about that time saith the same Authour there came into England a new way of exaction most execrable and unheard of in any age For our holy Father the Popeâ— sent a certaine exacter into England Peter Rubeus by name who was instructed to wipe the poore English of an infinite masse of money by a new invented mouse-trap trick For hee came into the Chapters of the Religious cozening and compelling them first to promise and then to pay after the example of other Prelates whom he lyingly affirmed to have payed already For he said Such and such a Bishop such and such an Abbat have already freely contributed why doe you slowbacks delay so long that you may loose your thanks with your courtesie Besides this cheater caused them to sweare not to reveal the manner of this exaction to any till halfe a yeere after like robbers who compell those they rob to promise that they will not speake of it But though men should be silent the very stones out of the Churches would cry out against such rake-hells This fit of the fever descended like an hereditary disease upon his successours Innocent the fourth knew well enough how to husband such a fertile field but so as he made all England cry out of him who brought their complaints as far as the Councell at Lyons in the yeere 1245 then and there demanding for justice and reliefe against these tyrannicall exactions and that even before the Popes nose who was there in person who as the Historians say casting his eyes downe for shame durst not say mum And for the Councell which regarded nothing but the Popes pleasure it was deafe on that eare The same complaint was afterwards put up in a Parliament in England by King Henry himselfe who begun to meane himselfe where these Articles were exhibited amongst others The Kingdome of England is grieved inasmuch as the Lord Pope is not content with the subsidy of Peter pence but doth extort a grievous contribution of the whole Clergy of Englandâ— and intends to extort far greater yet and this he doth without the assent or consent of the King against the ancient customesâ— liberties and lawes of the Kingdome and against the appeall and protestation made by the Proctours of the King and Kingdome in the generall Councell 29 This Parliament used so much respect to the Pope as to content themselves with sending some soothing letters to him thinking to soften his heart with the relation of their miseries but this was all in vaine for the grievance grew daily greater and greater and indeed you may observe a new kind of extortion whereof complaint was made to King Henry There were lately brought certaine letters from the See Apostolique containing no little prejudice against the King and Kingdome to witâ— that the Bishops should maintaine some ten men of war well provided of horse and armour some five some fifteene to send over to the Pope for the service of the Church for the space of one whole yeere to be paid by the Bishops of England and imployed where the Pope should thinke expedient which Knights service is not due save only to the King and Princes of the Realme c. A little after The Pope taking courage to trample under-feet the poor English as the same Historian cals them and in trampling to impoverish them commanded the Bishops of England with more imperiousnesse than was usuall that all the beneficed men in England should contribute unto him to wit such as were resident the third part of their goods and the rest halfe adding withall some very hard conditions He sent to one M. Iohn his Legat that if any Bishop should make dainty of paying the subsidies which he demanded under colour of exemption that he should sesse them deeper Another English Historian speaks thus of this matter By reason of these and such like oppressions there was a great murmuring both amongst the Clergy and people insomuch that whatsoever was contributed was given with imprecations or to speake more properly and not conceall the truth with down-right cursings putting the Pope in minde of their grievances with a complaint proceeding from the bottome of their hearts and setting before him their insupportable oppressions And he afterwards addes these grievances The Church of England is intolerably vexed with infinite charges in the tenth of all their goods in the hastening of reliefes in the money levied for Souldiers in the subsidies divers times exacted by Otho the Legat in the paying of 6000 Marks in the twentieth part of their three yeeres revenues in the subsidie of the Roman Empire in the subsidie granted freely 30 Matthew Paris sets downe an infinite company of other barbarous exactions saying The charges were marvelously increased with a great deal of overplus and flowed day by day from the Court of Rome over the miserable Kingdome of England besides the burthen and unwonted slavery insomuch that the Bishops were debarred from the bestowing of their benefices till they had discharged these exactions and yet the pusillanimity of the King never contradicted it Horrible burthens and unheard of oppressions did spring up daily Wee have thought fit to insert in this booke not all the charges for that would be a very hard thing nay altogether impossible to set downe but onely some few to the end that such as read them may bee sorry for them and pray to God that we may be one day freed from them We should spend too much paper in setting downe all which is
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
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
observed and practised which plainly proves our exposition to be true 18 Our Lawyers tell us that when there is any controversie about the sense and meaning of a law speciall regard ought to be had of that sense which practice hath put upon it Let us observe this rule in the exposition of our Canon The question is Whether the Pope ought to call Councels or no we finde by practice that the Popes did not call them but the Emperours and that they did so constantly the Popes seeing and knowing as much that they themselves have beene petitioners to the Emperours to get them called that they have appeared at the Councels upon command from them therefore we may well conclude they have no right at all by this Canon to call Councels 19 We will adde furthermore that the Popes never complained of the Emperours for taking upon them that power of Convocation which doubtlesse they would have done if it had belonged to them of right for they have alwayes observed that rule to a haire De vigilantibus non dorâ—ientibus So as to say the truth no man can accuse them of negligence in preserving St. Peters patrimony which they have husbanded so well that their successors for the future need make no scruple of receiving it without an inventary 20 We say moreover that it is but a little while agoe since they usurped this authoritie for we doe not finde that ever they used it till the yeare 1123â— what time the first Councell of Lateran was holden Calixt the second being Pope and Henry the fifth Emperour Platina saith that Pope held a Councell of nine hundred Bishops to consult about the sending of succours into the holy Land Howsoever we must observe that this usurpation which they continued from thence forwards was not without all interruption for the Emperors alwayes kept a hanke of their right though it was but extrema quasi lacinia They called divers Councels after that time as that of Pavy which was assembled by the Emperour Fredericke the first to determine the schisme betweene Victor and Alexander the third about the yeare 1163 or 64 but it is not amisse to heare what language he useth in his letters of Convocation 21 And for the prescribing of a remedy pleasing to God and proper for this disease we have resolved upon the advice of certaine godly and religious men to hold a generall Councellâ— which we appoint to be at Pavie The author that relates these letters speakes thus of them The Emperour supposing that the authority of calling a Councell appertained unto him after the example of Iustinian Theodosius and Charles and that the controversie could not be determined by any lawfull judgement unlesse both parties were summâ—ned thereunto sent Bishops both to the one and the other to summon them The same Emperour useth the same termes in his speech made at the opening of the Councell He was also the man that called the Councell of Dijon about 1165. It is true that Pope Alexander the third would not be seene there Because saith Platina he did not call it himselfe But he raised that quarrell too soone considering that his right was not yet well caulked 22 So likewise the Councels of Pisa and Constance were called by the Emperours Now if the possession was afterwards lost by the negligence of the Emperours yet this is sufficient to bring a writ of Right and make an entry for which triall the Emperours are better furnished of evidence than the Popes and besides they who should breathe nought but justice and honestie will voluntarily surrender unto Cesâ—r what of right belongs unto him 23 What we here speake is concerning Generall Councels for as for Provinciall we deny not but the Popes have hâ—d authoritie to call them within the bounds of their owne territories as have also other Patriarchs and Metropolitans And yet those bounds are but very narrow for wee doe not finde that they were extended over all the West and what Balsamon saith that the Bishop of Rome is the president of the Westerne provinces must be restrained unto Italy And for matter of fact the Pope was neither seene nor heard in person nor by proxie at the Councell of Cullen which consisted of the French and German Bishops and was assembled by the authoritie of the Emperour Charles the third Anno Dom. 887. 24 Nor was hee at that of Aquileia called by the Emperours Valentinian and Theodosius consisting of the Bishops of France Africke and other Provinces at which Saint Ambrose Bishop of Milan was present 25 The like may be said of such as have beene holden in France Spaine and other Kingdomes or Provinces of the West the calling whereof bâ—longed either to the Primates and Metropolitanes or to the Kings and Princes 26 So Maximus Patriarch of Ierusalem assembled the Bishops of Syria and Palestine to receive Athanasius into the communion of the Church and restore him to his former dignitie So Athanasius himselfe after hee was called home out of exile by Iovinian the Emperour assembled a Councell of Bishops But it would be tedious to heare all the examples which are extant about this subject As for the calling by Kings and Princes we shall speake of that anon 27 For the present we must answer an absurditie which Bellarmine presseth that in these dayes it would be impossible for any one to call a Generall Councell but the Pope for as for the Emperour to whom wee said it of right belongeth he cannot doe it saith he because he hath no authoritie over Kings and Princes but on the other side the Pope hath over all Christendome Bellarmine is deceived for the Pope in that respect hath scarce any more authoritie at this day than the Emperour Let him cast up his count of those Kingdomes and Provinces which have withdrawne their obedience from him and he will finde that he hath misreckoned himselfe All that Bellarmine can infer is this that we must talke no morâ— of Generall Councels in these dayes seeing there is no man to call them with convenience and authoritie Wee answer that he that should now undertake of his owne absolute power to call any should much deceive himselfe even the Pope not excepted But that every one out of courtesie would be willing to hearken unto it There is not a Prince in Christendome but yeelds the first degree of honour to the Emperour and would take in good part any gentle and kinde summons which should come from him for the holding of a Councell The Emperour Fredâ—ricke the first found a way to assemble that of Pavy whereunto he summoned the Archbishops Bishops Abbats and other Ecclesiasticall persons as well in all his Empire as in other kingdomes to wit of England France Hungary Denmarke And it is probable that when he made this convocation he writ of it in particular to those Christian Princes which were no subjects to the Empire
for the Acts of the Councell say in expresse termes That the Kings of England Hungary Bohemia and Denmarke consented thereunto So likewise the Emperour Sigismund called that of Constance the Emperour Maximilian that of Pisa. 27 Although the Popes Primacy be not acknowledged by the Greâ—k church yet he assembled the Councell of Ferrara where were present the Emperour of Greece the Patriarch of Constantinople and a great number of Greek Bishops Let us never then make it a matter impossible it is fesable enough if we give our mindes to it When the Pope called the Councell of Trentâ— he communicated it first and formost with Christian Princes and required their advice about it Having asked the advice saith Paul the third in his Bull of Convocation and sounded the mindes of Christian Princes whose consent in the first place we thought usefull and convenient and finding them not averse from this our designe we have thereupou denounced the Councell So King Charles the ninth became a suitor to the Pope and Princes of Christendome for the renewall of that Councell for mark how he speakes of it in his letters directed to the Prelates of France to cause them goe thither Although the present troubles of the Church have moved as to desire and procure by all meanes possible the holding of a Generall and Oecumenicall Councell and that our holy father the Pope the Emperour and other Christian Kings and Princes by their severall answers made upon our instant request and suit unto them thereabout doe make a faire show of being willing to hearken thereunto c. 28 He did no more in this but imitate the patterne of other Kings his predecessors Charles the sixt to make up the schisme betwixt Pope Boniface and Pope Bennet sent his Ambassadours to the Emperour the Kings of England Bohemia and Hungary to entreat them to have a regard to what concerned the publique good and quiet The same King went so farre that he perswaded Wenceslaus the Emperour to come to Rhemes where there was a Generall Councell holden upon that occasion where the Ambassadours of the King of England and divers other nations were present CHAP. VII That the authority of calling Councels belongs also to Kings and Princes 1 THese examples invite us to looke a little further into France and speake more fully concerning this point of calling Councels And the rather because both our Kings and all other Princes of Christendome are deprived of this royal prerogative by the Councel of Trent and that in such sort that the Pope thereby enhanseth his owne greatnesse to whom all such Councels are bound to swear obedience and not to depend upon any but upon him The Decree runnes thus Provinciall Councels if they have beene any where disused let them for reformation of manners correction of abuses composing of Controversies and such other ends as are allowed by holy Canons be brought up againe Wherefore let the Metropolitans themselves or if there bee any lawfull impediment why they cannot the senior Bishopâ— within a yeare at the furthest after the end of this present Councell and after that once every three yeers at least after the octaves of the resurrection of our Lord Iesus Christ or at some other more convenient time according to the custome of the Countrey not faile to call a Synod in their severall Provinces 2 And in anothâ—r Session there is a strict injunction laid upon them That at the first Provinciall Synod which shall bee holden after the end of this present Councell they publiquely receive all and singular such things as have beene determined and ordained by this holy Synod and withall promise and professe true obedience to the Bishop of Rome It remaines that wee prove this right of calling Councels to belong to our Kings within their owne Kingdome In the collection of the liberties of the Gallicane Church there is this Article The most Christian Kings have alwayes as occasion and the necessities of their Countrey required assembled or caused to assemble Synods or Councels Provinciall and Nationall Who among other things concerning the preservation of their State have also treated of such matters as concerned the order and Ecclesiasticall discipline of their Countrey touching which they have caused rules Chapters lawes ordinances and Pragmaticall Sanctions to be made and set out under their name and by their authority Wee read another Article of this straine in the third Chapter of the Remonstrance made by the Parliament of Paris to Lewes the eleventh 3 Nor is there ought in all this but is well backed by such examples and authorities as shall bee proâ—uced We begin then with Clovis our first Christian King by whose command the first Councell at Orleans was assembled about the yeer 506. So say the Bishops that met there in the letters which they sent unto him To their Lord the most illustrious King Clovis the sonne of the Catholique Church All the Clergy whom you commanded to come unto the Councell So likewise the second Councel of Orleans was holden in the yeer 533. by command from King Childebert which is mentioned in the subscription of the Bishop of Bruges and it is said in the Preface Wee are here assembled in the citie of Orleans by the command of our most illustrious Kings The fifth of Orleans was called by King Cherebert the yeer 549. Wherefore the most mild and invincible Prince Cherebert having assembled the Clergy in the citie of Orleans c. The second of Paris was called by King Childebert ann 558. Being met in the citie of Paris they are the words of the fathers of it by the command of our most illustrious King Childebert The first of Mascon by King Guntrand in the yeer 576. Wee being assembled in the towne of Mascon by the command of our most illustrious King Guntrand 4 The second of Valencia was called by him also in the yeer 588 and it hath the same Preface He called also the 2 of Mascon the same yeer 588 and afterwards by his Edict confirmed the Decrees thereof as made by his commandement Wherefore saith hee wee will and command that whatsoever is contained in this our Edict bee for ever observed and kept forasmuch as wee have taken paines to cause it to bee so determined at the holy Synod of Mascon That of Cavallon in Provence or as others fancie of Châ—alons upon the Saon was holden in the yâ—er 658 By the call and appointment of the Illustrious King Clovis The Synod which was held in France ann 742 was called by Câ—â—loman as hee himselfe witnesseth in the Preface thereunto I Carloman Duke and Prince of the French with the advice of the servants of God and the chiefe Lords of the Land have assembled in a Councell all the Bishops of my Kingdome together with the Priests in the 742 yeere of Christs incarnation 5 In the time of King Childeric Pepin who then ruled all the rost called a Councell
put weapons in the Princes hands to destroy his subjects hee suggests reasons unto him whereby hee may repell all such as would make him alter his designe This being well and piously considered the Prince will finde in his heart sufficient reason to assure him of the holynesse of the enterprize without resting upon the remonstrances of those seditious rebels grounded it may be upon some Edicts which by the policie and subtiltie of bad counsellours they have obtained of his Majestie to let them live at libertie But hee must answer them with a deliberate and resolved gravitie that if a man by reason of the hardnesse of the times have committed one fault against his will there is no reason he should commit two But that they which are the cause that makes him take armes should dearly buy the follie of their rashnesse And a little below But if they grow franticke and obstinate in their wickednesse they must resolve to endure from him such violence and roughnesse as shall bee seene upon them and their posteritie for ever they must blame themselves as guiltie of the persecution which he hath raised But if he doe not cleanse his realme from such an infection and stench let him not thinke ever to see the face of his soveraigne Lord God Hee hath sufficient authority to correct a sacrilegious Ordinance and pernicious to all the world by a good and just law Wee could yet bring more of this kinde but here is enough 16 It will be answered It is but one or two of the Iesuites that have said thus that the whole Order should not bee blamed for it that there are some among them that preach peace But observe here a very pat replie That none of them intermedles any thing with such matters but by command from their Genâ—rall which prescribes each of them his function and the Generall commands nothing but what is enjoyned him by the Pope whose oracles hee receives at Rome without budging a foot from him It is one of the rules of their institution For lest any might use zeale but not according to knowledge let the judging of what degree every man shall be and the deâ—igning and distribâ—tion of offices be wholly in the power of the Generall or Prelat wâ—ich shall bee appointâ—d by us any time whatsoever or of those whom hee shall suâ—stitute with such authoritie 17 Let us yet set down one most true maxime but which is as much or more verified in fact as in writing and then an end That the Iesuites applie all their divinitie to overthrow the States of Kingdomes and Principalities to make them change their maisters The Arrest of Paris given by the great Chamber and the Tâ—urnelle in full assemblie calls them Enemies to the King and State Such a companie as doth not judge upon the ticket of a sack There must have been great matters and very concluding proofes to declare them such to confiscate all their goods and banish them out of France Hee that shall read the pleadings upon that subject and the inscription of the Piramid will understand some part of it The examples of other States the blowes which they have struck which are but too well knowne to all Christendome their atchievements and â—onquests doe but too much bewray the inside of their stomach and make us beleeve it was not without a mysterie that they professed themselves unto Princes for Pedagogues of Armes CHAP. VIII Of the election and nomination to the investitures of Bishopriques Abbeyes and other Prelacies appertaining to the Emperours And first of the election of Popes 1 THis Councel gives the Pope the power of election and nomination to all Bishopriques Abbeyes and otheâ— Prelacies in all the Kingdomes and Provinces of Christendome For in the first Chapter of the seventh Session the Popes authoritie is reserved for as much as concernes Bishops their residence and other points of reformation This being so it must be at his disposall to ordaine what hee shall thinke good to draw unto himselfe and his Court all manner of nominations and elections to put out some and put in others to set up a trading and traffique in that behalfe as hee hath done at other times and doth at this present to make a common mart and a famous fare of his Court to rob Princes of the right which belongâ— unto them in point of nominations elections investitures and such like For if the Pope intermeddle as he may lawfully doe they can no way complaine of him nor debate their right against him nor say that hee deprives them oâ— what belongs unto them And indeed the same Councell hath decreed it down-right For it is said in the eighth Canon of the twentie third Session If any one affirme the Bishops that are created by the authoritie of our Holy Father the Pope of Rome to be no true and lawfull Bishops but a humane fictionâ— let him bee anathema 2 In the first Decree of the twentie fourth Session the election nomination and entire disposall of Bishopriques and Prelacies is given unto him without any more dissembling See here the forme which is there set downe 1 That at the Provinciall Synod which shall bee holden by the Metropolitan a certaine forme of examination inquisition or instruction proper to every Province be prescribed to all places 2 That it bee approved of by the judgement of our holy Father the Pope of Rome 3 That as soone as this examination or inquisition of the partie to bee preferred is finished it bee drawne into a publique instrumenâ— with all the attestations and testimonials and profession of faith by him made 4 That all bee sent forthwith to our most holy Father the Pope of Rome that having full intelligence of the whole businesse and of the persons if by the examination and inquisition they bee found fit men for the good of the Lords flocke he may profitably furnish the Churches with them 3 It may bee said that all this may be well understood without entrenching upon the right of others especially of Kings and Princes who have the disposall of them But that is provided for by another Decree in such sort that they are not indeed quite right excluded but a gappe is opened to their exclusion by inventing a way to make them yeeld unto them For in case the preferment be done without them they declare it to be valid and good And God knowes whether such a course will not bee taken that they shall have no hand in it at all Thâ— holy Synod further teacheth that in the Ordination of Bishops Priests and other Orders neither the consent vocation nor authority of the people or any other Secular power or Magistrate is so required that the Ordination should be frustrate without it But rather it decreeth that those who rise up to exercise these functions being called and ordained onely by the people or Secular power and Magistrate or by their owne rashnesse take
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
how bad soever they were as Constantius the Arrian Iulian the Apostat Maximus the tyrant when occasion place and the cause required it c. And they say that the scripture of this age holds that every Kingdome of this world is got by armes and enlarged by victories and cannot be purchased by excommunications from the Popes or other Bishops and they urge that holy Scripture saith that Kingdomes are from the Lord by whom Kings reigne and that by the ministerie of men and Angels he confers them upon whom hee pleases See here are things which without all compare deserve rather to be struck with an Ecclesiastical thunderclap than the giving way unto a Duell or interposing their authoritie in a matter of marriage 4 Now whatsoever others bee our Kings are exempted from such thunders so as neither the Bishops of this Kingdome nor strangers no nor the Pope himselfe have any power over them in this regard Wee have hereof divers testimonies our French men do avouch it in an article which was drawne by them in behalfe of King Lotharius against Pope Nicholas the first who would have excommunicated him for his marriage with Waldrada As hee cannot bee excommunicated say they speaking of the King by his Bishops whatsoever his fact bee so cannot he bee judged by other Bishops 5 Vincent in his allegations after he hath set downe the good deeds of the Kings of France towards the Church saith This is the cause why the Kings of France cannot bee excommunicated by reason of their priviledge else their labour should bee fruitlesse Likewise their souldiers and their men of warre and their Captaines inasmuch as they cannot offend by obeying them These last words must bee understood of an excommunication thundred out against the men of warre for this reason because they fight for their Prince 6 Lancelot Conrade a Lawyer of Millain subject to the King of Spaine saith as much in expresse termes The King of France pretends to have this prâ—viledge that hee cannot bee excommunicated neither by the Canons nor by men As the Doctours collect in the division of the chapter Vbi Periculum in princip de elect in 6. When the Parliament of Paris gave their opinion and all the Chambers met together about receiving the Cardinall d' Amboise and the qualifications that should bee put to his Faculties which was upon the eleventh of December 1501 The lawes of the Land and the liberties of the Gallicane Church were represented at large amongst which this was one That the King of France cannot bee excommunicated that his Kingdome cannot bee put in interdict as is collected out of the ancient Registers 7 Yet notwithstanding alwaies as oft as the Popes have gone about to attempt any such excommunications whether by their owne proper authority or joyntly with Councels they have found strong resistance and the French have got this commendation that they never abandoned their Princes in such conflicts The Histories thereof are knowne to all men and they have been so canvased in divers writings set out during our late troubles that it will bee fitting to overpasse them that wee renew not the memorie of our former miseries We will only say that some Popes have in good sincerity acknowledged this right and prerogative of our Kings yea which is more they have confirmed it by their Buls declaring thereby that the King of France cannot bee excommunicated nor his Kingdome interdicted and amongst others Martin the third and fourth Gregory the eighth ninth tenth and eleventh Alexander the fourth Clement the fourth and fifth Nicholas the third Vrban the fifth and Boniface the twelfth whose Buls are yet preserved in the treasurie of the Kings Charters as divers testifie 8 Pope Benedict th' eleventh partly as it is probable upon this occasion revoked the excommunication which was denounced by Boniface the eight his predecessour against Philip the Faire of his own meere motion and without being desired unto it by any man as Walsingam witnesseth He absolved saith he Philip the Faire King of France from the sentence of excommunication given out against him by his predecessour without being desired to it Wee read the Bull thereof to this day in Mr. Nicholas Gille in his Annals of Aquitain Amongst the testimonies of Popes wee will put that of Sylvester the second for the judgement which he passed before he was preferred to the Popedome and the excommunication which the Pope that then was threatned against the King and some Prelates of this Kingdome See here the place taken out of one of his Epistles which hee writ to the Arch-Bishop of Sens 9 I say confidently and boldly that if a Bishop of Rome hath offended against his brother and will not give eare to the admonitions which should bee divers times given by the Church I say that same Bishop of Rome by the commandement of God must bee accounted as an Heathen and a Publicane For by how much the degree is higher by so much the fall is greater But if hee account us unworthie of his communion forasmuch as none of us will consent with him in that which is against the Gospel hee cannot therefore separate us from the communion of Christ. And presently after We should not therefore give this advantage to our ill-willers as to make the Priesthood which is but one in all places as the Catholique Church is but one seeme to bee subject to one man only in such sort that if hee be corrupted by money or favour or fear or ignorance no man can bee Priest but hee that shall be commended unto him by such virtues as these 10 Whence wee collect that the Popes have no more power over our Kings in matter of excommunications than other Bishops whether of their owne Kingdome or strangers The Courts of Parliament of this Realme and especially that of Paris have alwaies stood out against such excommunications and have declared them to bee frivolous nullities and abusive yea and have proceeded with rigour and severitie against the bearers of them The Arrests given out against the Buls of Benedict the thirteenth the two Gregories the thirteenth and fourteenth are sufficient witnesses hereof Now it is not only true that our Kings cannot be excommunicated but which is more they may absolve such of their subjects as are excluded from the Communion of the Church yea they are accounted to restore them to their former state by the meere admitting of them to their table or into their company This is a thing which wee finde upon record in the Capitularie of Charles the Great in these words If the Royall power doe receive any delinquents into favour or admit them to his table they shall be likewise received into the assemblies of the people and Clergy in Ecclesiasticall communion to the intent that the ministers of God may not reject what the pietie of the Prince doth admit The Prelats of France have observed this law at other times Ivo Bishop of Chartres saith hee
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
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
greater Doctor than Clement ranckt it the sixteenth amongst the approved Generall Councels There hath beene such a stirre in France about placing it according to it's ranke that the queâ—tion hangs yet in the Court undetermined As for the Councell of Basil although the Ambassadors of France were there and Charles the seventh confesse that hee received as a Councell yet for all that hee approved it but in part for of forty five Sessions of that Councell France hath received onely the thirty two first and those too not without some qualifications and restrictions Some Decrees as they lye others with certaine formes and modifications so sayes the Pragmaticall Sanction As for the last which mainly concerne the deposing of Pope Eugenius and the creation of Felix the fifth Charles the seventh made this protestation The King protesteth as a most Christian Prince treading in the foot-steps of his predecessors that he is very ready to give eare to the Church rightly and lawfully called together But for as much as many honest and grave personages make a question whether the suspension deprivation and â—lection which ensued thereupon at Basil were rightly and Canonically performed or noâ— and seeing it is doubtfull whether that assembly did sufficiently represent the Church Catholique then when the matters were acted agitated so as they might proceed to points of such great consequence and difficulty therefore the King doth persevere and continue in his obedience to Eugenius wherein he is at this present That which Benedict sometimes Counsellour to the Parliament of Tholous hath delivered in his workes concerning this point is very remarkable Herein saith he appeareth the errour of some who hold that the French Church assembled at Bourges in the time of Charles the seventh King of France could notâ— as she did reject any Canons of the Councell of Basil for shee might both reject and not accept them and qualifie those shee received by adding to or detracting from them and so put them in forme and fashion not upon misdoubting of the power and authority of that Generall Councell which made and published them but to fit and accommodate them to the exigencies of those times and to the conditions of the places and persons in the Kingdome and in Dauphine in such sort as those Fathers have expressed and as it appeareth by what wee have delivered but more plainly in the text of the pragmaticall Sanction so that if they might be wholly rejected much more might they be onely in part receiued and that with some qualifications and conditions As for the last Councell of Lateran however the Popes make high esteeme of it as being very advantagious to them yet indeed it cannot justly be tanked amongst the number of lawfull Councels both because it was purposely called for a countermine to the second Pisan to elude the reformation intended as well in the head as the members and also by reason of the iniquity of the Decrees there made whereof wee shall treat elsewhere more at large Here I need say no more but that it was never received nor approved in France nay more the University of Paris did put in an appeale to the next Councell the copy whereof may bee read in some authors where it is said amongst other things that this same Councell was purposely assembled against France as indeed it was For there both Lewes the twelfth was excommunicated the Pragmaticall Sanction repealed and the second Pisan Councell consisting mainly of French which was their fault not our plot in like manner condemned T is said also how that Councell was not assembled in the name of the Holy Ghost and a Germane Monke styles it a packe of Cardinalls commending and approving that appeale which was made concerning it by the University of Paris It will prove cozen germane to that of Trentâ— so that I will not here set downe the very words of that appeale because I take occasion to speake of them elsewhere He that shall seriously consider these instances hee will finde that the rejection hithertowards of the Councell of Trent both in this and other Kingdomes is no novelty nor extraordinary thing For many of those by us mentioned were more famous more generall more legitimate and withall farre lesse prejudiciall than this They conteined onely some petty grievances some personall injuries some particular intrenchings upon some rights either Ecclesiasticall or Temporall But this keepes neither rule nor measure but turnes the state of the Church and all Christendome topsie-turvie it sets the Pope above all above Kingsâ— Princes and Councelsâ— yea it puts Kingdomes and Empires in subjection under him and for Temporall matters it gives him full power and absolute authority over such Ecclesiasticall persons as did not acknowledge any jurisdiction of his save such as remained upon record it reduceth us to our former miseries to a necessity of going to Rome to plead our causes that so it may squeeze our Countreyes both of men and money it entitleth him to the election into Bishopricks and Benefices so to cozen the naturals of each Kingdome and Province of them and to transferre them upon such strangers as will be at his devotion it robs Kings of the nomination of Bishops and other Ecclesiastiques and of that jurisdiction over them which they ought to have nay and in some cases even over meere Lay-men devolving all to the Pope by meanes of appeales commissions evocations reservations exemptions and that absolute authority which it gives him in such things as concernâ— the manners and discipline of the Church nay indeed in all things without exception It repeales the ancient Canons and Ecclesiasticall Constitutions subjecting us wholly to all the Papall Decrees which dispose as boldly of Temporalls as Spiritualls It totally reduceth all ancient liberties to servitude and particularly those of France whereby we were ever preserved from an insupportable tyranny from those troubles and calamities which were prepared for us and under which our ancestors groaned whensoever they were carelesse to preserve them Whereupon they have as it were pourtrayed them forth upon a tablet to serve as they say for a caution to posterity that so they may take heed of making shipwracke of their liberties So as a many would say they knew by a secret revelation that the Councell of Trent would come and foresaw our future stupidity And yet even then when they gave us this counsell they were onely busied about the maintaining of some few of their liberties whereas now all are going as we shall make it plainly appeare in this Treatise besideâ— many other injustices which it would be too long to specifie in the prologue And for as much as that which first put me upon this enterprize was the earnest suits which being at Court I have seene exhibited to our Soveraigne in behalfe of the Pope for the receiving of this Councell I thought fit to shew in the first place that this is no new thing but
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 incurring the curse of God and eternall damnation And presently after he addes Wherefore the Clergy doth most humbly beseech you that you would be pleased to ordaine that the decrees of the most sacred Councell of Trent may be generally published throughout your Dominions to be inviolably observed by them 6 Nicolas Angelier Bishop of Saint Brien made the like instance to the same King October the third 1579 in the name of the Clergy assembled at Melun Wee have saith hee earnestly desired and doe now desire more earnesty and will desire as long as we breath of God and you that the Councell of Trent may be published and the elections restored to Churches and Monasteries Which publication of the Councell is not desired by us that wee may thereby raise up you and other Catholick Princes in armes to spoile and butcher such as have stragled from the true Religion for wee desire not to reclaime and reduce them to the flock of Christ by force but by sound doctrine and the example of a good life For he we know came not into the world to destroy but to save the soules of all men for whom hee shed his precious bloud and if need so required we would not stick in imitation of him to lay downe our lives for the salvation of those poore misused soules But we desire that Councell may be published for the establishment and maintaining of a true sound entire and setled discipline which is so necessary and behoofefull for the Church 7 Iuly the seventeenth 1582 Renald of Beaune Lord Archbishop of Bourges and Primate of Aquitane delegat for the Clergy in this case spoke at Fountainbleau in this sort The whole Church Christian and Catholick assisted by the Legates and Ambassadours of the Emperour of this your kingdome and of all other Christian Kings Princes and Potentates did call assemble and celebrate the Councell of Trent where many good and wholesome constitutions usefull and necessary for the government of the Church and the house of God were ordained To which Councell all the Legats and Ambassadours did solemnly sweare in the behalfe of their masters to observe and keep and cause it to be inviolably kept by all their subjects yea even the Ambassadours of this your Kingdome solemnly tooke that oath Now it is received kept and observed by all Christian Catholick Kings and Potentates this Kingdome only excepted which hath hithertowards deferred the publication and receiving of it to the great scandall of the French nation and of the title of MOST CHRISTIAN wherewith your Majestie and your predecessors have been honoured So that under colour of some Articles touching the libertie of the Gallican Church which might bee mildly allayed by the permission of our holy father the Pope under scugge I say of this the staine and reproach of the crime of Schisme rests upon your kingdome amongst other Countries which signifies no lesse in Greeke then division and disunion a marke and signe quite contrary to Christianity and which your Majestie and your predecessors have ever abhorred and eschewed and when some difficulty was found about the receiving of some other Councells as that of Basil and others all was carried so gravely and wisely that both the honour and unity of the Church and also the rights of your crowne and dignity were maintained and preserved And this is the cause why the Clergy doth now againe most humbly desire your Majestie that you would be pleased to hearken to this publication and removing all rubs which are laid before you concerning it that you would with an honest and pious resolution make an end of all to the glory of God and the union of his Church 8 There was a Nuncio from the Pope who arrived in France in the beginning of the yeere 1583 who prosecuted this matter with a great deale of earnestnesse yet for all that he could not move Henry the third one jot who like a great statesman as he was perceived better then any other what prejudice that Councell might be unto him His majestie that now reignes was startled at that instance and afraid least that importunity should extort from him somewhat prejudiciall to France whereupon hee writ to the late King concerning it who made him this answer 9 Brother those that told you that I would cause the Councell of Trent to be published were not well informed of my intentions for I never so much as thought it Nay I know well how such publication would be prejudicall to my affaires And I am not a little jealous of the preservaton of my authoritie the priviledges of the Church of France and also of the observation of my edict of peace But it was only proposed unto me to cull out some certaine articles about Ecclesiasticall discipline for the reforming of such abuses as reigne in that State to the glory of God the edifying of my subjects and withall the discharge of my owne conscience A thing which never toucheth upon those rules which I have set downe in my edicts for the peace and tranquillitie of my Kingdome which I will have inviolably kept on both sides 10 November the nineteenth 1585 the same Bishop of Saint Brien delivered another oration in the name of the said Clergy and was their deputy whereby after he had commended the late King for his edict of Reunion and exhorted him to the execution of it and the reformation of Ecclesiasticks he addesâ— This is the reason Sir why we so earnestly desire the publication of the holy Councell of Trent And above others my selfe have a more speciall command sâ— to doe For that Councell hath not only cleeredâ— resolved and determined those doctrines of the Church Catholick which were controverted by hereticks to the end that people might not waver and suffer themselves to bee carryed away with every wind of doctrine raised by the malice and cunning of men to circumvent and eâ—tice them into errourâ— but also it hath most wisely counselled and ordained every thing which may seeme necessary for the reformation of the Church considering the exigency of these times 11 There was also another assault made upon him Oâ—tober the fourteenth 1585 by the Lord Bishop and Earle of Noyon in the name of the Clergy assembled in the Abbey of Saint German neer Paris which is more pressing than the former Wee present unto you saith he to the King a Booke which was found at the removing of the Churches treasures writ by the prudent and grave advice of the many learned and famous men assembled in the Councell of Trent guyded by the holy Ghost who with a great deale of travell paines and diligence have renewed the ancient ordinances of the Church which were most proper for our maladies and for those vices which at this present are most predominant in the State and withall have provided for those which being of no great standing amongst us had not any particular remedies assigned them The royall Priest hath put
them into our hands that wee might present them to yours First our Lord Iesus Christâ— who having a speciall care of this Church hath by his holy Spirit provided a remedy for her who directed the Fathers in that Councell next unto him and under him our holy Father the chiefe ministeriall head of the Church having authorized and confirmed it and exhorted all Princes and republiques to receive and observe it and with him the whole Church not the Gallicane only but the Catholick doth summon entreat and pray you to receive it That blessed Councell carries with it to him that will duely read and consider it the marke of the Author in the face of it and hee that will judge of it without passion and prejudice will say it is rather the worke of God than men No good Christian can or ought ever to make any question but the holy Ghost did preside in that goodly company which was in that manner lawfully assembled at Trent with the intervening authority and command of the holy See the consent of all Christian Princes who sent their Ambassadours thither who stayed there till the very upshot without the least dissenting from the Canons and decrees there published there being such a number of Archbishops Bishops Abbats and learned men from all parts yea not a few Prelats of your owne Kingdome sent thither by thâ— late King your brother who having delivered consulted and spoken their opinion freely did consent and agree to what was there determined And therefore we are bold to tell you that we bring unto you the Book of the Law of God which we humbly intreat you to receive with as much earnestnesse as wee can possible 12 A little after he addes If there be some particulars in that Councell which some body either by reason of their particular interest and commodity or because their bodies and humours are not sufficiently prepared and disposed for the taking of such strong physick do complaine of and make some dorres about them there is a good remedy for that and wee dare undertake and promise that recourse being had to his Holynesse and he required thereunto he will not refuse to provide for it In like manner as the Chapiters and exempted corporations have by our meanes and wee with them already preferred a petition that their priviledges and exemptions may be preserved intire unto them and that this publication may in no sort prejudice them expecting herein a new decree from his Holynesse after he shall bee sufficiently instructed by those remonstrances which may bee made unto him concerning this point As also wee meane not by this publication to prejudice the immunities and liberties of the Gallicane Church which we perswade and assure our selves his Holynesse when hee shall bee thereunto entreated will be content to maintaine and preserve These overtures being already twice made upon the petition of the publication of this Councell to wit at the assembly of the States at Blois and of the Clergie at Melun we thinke it our duty not to give them over 13 The provincicall Synod holden at Roan 1581 made this instance to the same Prince After that a good number of Bishops and proxyes for those that were absent together with Ecclesiasticall persons from all quarters of our Province of Normandy were met in our Metropolitan Church at Roan they tendred nothing more than earnestly to sollicite the publishing and promulgation of the Councell of Trent within this Realme Wherefore this our assembly by common consent have resolved to present their humble petition to our Most Christian King in like manner as was formerly done by the States of Blois and the Clergy convented at Melun that he would be pleased for proofe of his true piety and religion to enjoyne the publication of the said Councell whereby the maintenance of the Church is well provided for which is observed to be daily impared and abated In the end of this Councell there were thirteen doubts proposed to the Pope with his finall resolution to them the last whereof was a demand of the confirmation hereof which was condiscended unto 14 The provinciall Councell of Aix in Provence 1585 petition the King at the beginning of the Acts That he out of his singular piety would command the Councell of Trent to be published which had so exactly provided against those dangers wherein the Christian Commonwealth was then implunged 15 Wee must not thinke that these earnest sollicitations which our Ecclesiasticks here make did proceed from them but rather from the Pope One argument hereof which may be alledged is this that they were not now interested herein for the most of the decrees which concerned them were admitted and there was no default in the observation of them unlesse it were on their part and one company of them were inserted in the Edict of Blois the rest in divers other Provinciall Councels holden afterwards in France the Canons whereof are to bee seen in print at Roan 1581 at Bourges 1584 at Tours 1585 and at Aix in Provence the same yeere all which are put out in print at many other places Another argument may be the slight account they made of observing the Councell in such things as depended meerly upon them and which were in their power to doe which plainly shewes that all they did was but to humour another I speake not this of my owne head but from Claudius Espensaeus a Sorbon Doctor Doe wee dally saith he in a matter so serious or rather doe wee make a mocke of those which desire a reformation under colour of decrees What reformation can bee expected from us who doe not observe those things which we have so lately decreed Hee speakes this to those Prelates of France who were present in that Councell and after their returne made no reckoning of observing that discipline which depended mainly on them and was withall conformable to the ancient Canons See here said hee that which they of Trent ordained but where is it observed as for our Bishops who were at Trent and Bonony there is not any of them that instructs the people in his owne person at least not any that I heare of 16 And in his commentaries upon the Epistle to Titus speaking of the discipline of the Church But it is not long saith he since they have determined this point the Pope and Councell of Trent have brought it lately to an upshot But what were those pastors which came from thence and had a hand in the making of those Canons of reformation those injunctions of residence and preaching ere a whit more diligent in feeding their flocks or lesse silent in their pulpits after the Councell was confirmed by the Pope their non-residence was as great as formerly and they almost as dumbe as ever They had rather tire then give over and be cast out of their livings by those who style themselves reformers forsooth when indeed they are nothing lesse than indure to be
reformed by Kings and Princes and by them be constrained to doe their duty It is no marvaile iâ— they do somewhat for him to whom they are bound by such a strict oath and who flatters and wooes them extremely to do the deed But when the Churchmen of our age especially doe any famous exploit against the Pope this is newes indeed both in regard of that command which hee hath got over them and of the feare they ought to have least they should be sentenced for heretiques in these controversies of religion And this is the cause that the Popes have alwayes had recourse to them when they intended to doe some ill offices to our King and Kingdome Boniface the eighth by a gloseing letter of his writ unto them endevors to make them approve his injust proceedings against Philip the Faire where hee saith amongst other things Those who hold that temporall matters are not subject to spirituall doe not they goe about to make two Princes Hee complaines also of the Parliament holden at Paris where it was enacted saith he by underhand and begged voices that none should appear before him upon the summons of the See Apostolick He complaines also of the report which was made to that assembly by M. Peter Flotte whom hee calls Belial half blind in body and quite in understanding This was the man who being sent in ambassage unto him by King Philip to that saying of his We have both the one power and the other made this reply in behalfe of his Masterâ— Yours is verball but ours is reall as it is related by an English historian 17 Innocent the third did the like in his scuffle with Philippus Augustus his Epistle to the Bishops of France was put among the Decretals wherein he omits no art to nuzle them up and perswade them that his proceedings against the King and putting their Kingdome under an interdict was just as the learned Cujacius hath very well observed and indeed his projects throve so well that he wonne their consent at last Hearke how a French Historian of ours speakes of it The whole countrey of the King of France was interdicted at which the King being highly offended after he had notice of it he stripped all his Bishops out of their Bishoprickes because they had consented to that interdict and commanded that their Canons and Clerkes should be put out of their livings expelled out of his dominions and their goods confiscated he discharged also the Parish Priests and seized upon their goods The French Bishops at first did stifâ—ly oppose Gregory the fourth who siding with the children against the father was minded to come into France to excommunicate Lewes the Gentle and they had put on this resolution To send him home againe excommunicated if he came there to excommunicate But when all came to all he had such a stroke over them that he made them not onely abandon but depose him He was vexed by all his Bishops saith an ancient Historian and more particularly by them who were raised to those dignities from a low degree and such as comming out of barbarous Countries were preferred to that height of honour And he afterwards addes They said and did such things as the like were never heard of using reproachfull speeches towards him they tooke his sword from his side upon the judgement of his servants and wrapt it in a sackcloth It is true indeed that not long after repenting themselves of their proceedings they restored him to his former dignity of which they had despoiled him And the Archbishop of Rhemes Ebon by name who had beene the maine man amongst them declared himselfe in writing That whatsoever had beene attempted against the honour of the Emperour was against all right and reason And yet wee must not accuse all the Bishops of France for this for many of them were offended with it and particularly those of the province of Belgia deposed Ebon their Archbishop upon this occasion condemning his proceeding herein But let us now retâ—rne to our intended subject 18 One of the Kings Lieutenants generall for administration of justice in an assembly of the States particular under the late King 1588. For the reestablishing saith he and better settling of Christian religion within this Kingdome our suit unto the King is that like a most Christian and eldest sonne of the Catholique Church he would receive the Councell of Trent and cause it to bee inviolably observed by all his subjects If any here will interpose and tell me that there are some articles in it which are repugnant to the liberty of the Gallicane Church and some others which seeme too harsh and against the forme of justice now used in France I answer that the Lords spirituall may more wisely advise of this in the assembly generall of the States and if need so be communicate it with the other Orders to make a Remonstrance thereof to our holy Father the Pope By this meanes all those Edicts which to the great regret of the King the Princes and Catholique subjects by reason of the necessity of the times did tolerate this medley of religions shall be repealed and abolished 19 Amongst those great disorders of this Kings reigne this very Councell was called in question in the Assembly at Paris which was holden in the name of the States in behalfe of the league where it is remarkable that those who had shaken off the Royall yoke and undermined all the fundamentall lawes of this Kingdome how distempered soever they were yet they had their judgements so sound as to discerne a good many decrees in that Councell which were prejudicial to the liberties of this Kingdome As appeares by the extract which was published hereupon We may observe by the way that those who raised the most false and abominable calumnies against the late King that ever were heard of in all their defamatory libels never objected this unto him that he refused to receive the Councell of Trent I will use no other proofe than of that damnable script hammered out in hell Of the just deposall of Henry the third from the Kingdome of France which sets downe the causes of his excommunication making him a murtherer a heretique a favourer of heretiques simoniacall a sacrilegious approver of duels a profaner of religious persons a confederate with heretiques a spender of the substance of the Church without any leave from the Pope a falâ—ifier of the letters Apostolique a superstitious fellow a deteiner of Churchmen But not one word of the Councell of Trentâ— although he had in that point beene disobedient to the Popes will and made small account of his earnest and often request for it is certaine that all the speeches which come to our hearing were delivered in his behalfe and upon his motion 20 Nay more hee did not receive so much as those very Decrees of the Councell which were no way repugnant to our liberties and
kept and the fault is put upon the Prince of Mantua Is not this to gull the world the Prince of Mantua wrongs no body if he will not abandon his City to so great a multitude without a garrison but all the blame should be laid upon the Pope who doth not as yet goe roundly about the busiâ—esse but is ever a playing trickes and treacheries If he remove the Councell to another place he must take a City that belongs to some of his feudatary Princes or else one of his owne for he hath a goodly patrimony with many faire Cities gotten by his predecessors either by force or knavery and now kept by him by the bad title of coven and fraud Now seeing that almost every man of judgement doth despaire of ever seeing a true Councell hee thinkes it most fitting that every Magistrate reforme religion amongst his owne people If the Pope plead custome that will not serve the turne for as Saint Cyprian saith Custome without truth is but an inveterate and grounded errour Therefore this is his advice and this he thinkes the best course but if any know a better he will readily embrace it 6 Now the King of England never deserted these protestations and declarations much lesse the Protestants nay they repeated them divers times after and amongst the rest at an assembly at Wormes holden 1545. and another a Naumburg the yeere 1561 where an answer was given to the same effect to Pope Pius the fourth his Legats who came thither to summon them to appeare at the Councell 7 There were yet some other Protestations made against the Councell on the behalfe of our Kings Henry the second protested against the Pope and the Councell in the yeere 1551 saying amongst other things That the publication of it which was made regarded not the good of the Church Catholique but the commodity of some particulars That it seemed the Pope would exclude him from it That the beginning progresse and issue of his Holinesse designes did intimate as much That being imployed in the warre which hee had raised up against him he could not send the Bishops of his Kingdome thither seeing they could not have safe and free accesse and that neither he nor the people of France nor the Prelats and Ministers of the Gallicane Church will be bound to it hereafter 8 King Charles the ninth upon notice that all things went amisse in the Councell and that the demands of the Kings and Princes Catholique were not satisfied that the reformation was not applyed to such things as stood in need of it and were required to be reformed yea more that they intrenched upon the liberties of the Church of Franceâ— and the rights of the Kingdome caused protestation to be made by his Ambassadours against the same Councell as appeares by the Oration made by M. Arnald de Ferriers the 22. of September 1563. where amongst other things after he hath laid downe many grievances he saith that according to the command of the most Christian King they were constrained Concilio intercedere ut nunc intercedebant to interpose in the Councell as they interposed Whereupon it is storied that a certaine Prelate of the Councell not well understanding the propriety of the word intercedere which the Tribunes were wont to use of old when they made their oppositions and hindrances asked his neighbour Pro quâ— orat Rex Christianissimus What doth the most Christian King intercede for 9 But say the Pope and the rest that joyned in judgement with him were not to blame say they were competent Iudges such as could not be refused say the proceedings were lawfull yet still it was a juâ—gâ—ment and sentence passed upon men in their absence so that the doore is open to all those that wil enter their plaint they may justly demand to beginne anew and that things be reduced to their first state A repeal may be had against a sentence given in case of contumacy onely paying the charges But for them I thinke the Pope that boâ—e them will never aske them againe and if hee should it is a question whether his demand were good or no for who bid him be at the charges he was not bound to it it is a liberality which he was willing to undergoe to shew his magnificence and in case he might redemand them hee must commence his action either against those whom he defrayed or against the Emperour who was anciently used to pay them and not against those who do now desire to justifie themselves seeing that according to the Decrees of Constancâ— and Basil Generall Councels should be holden every ten yeeres 10 Let us proceed further and see if they could have any good grounds to demand that a second judgement might be had supposing they had appeared at the Councell and had audience there For this may be questioned in regard of the King of France who complaines now how hee was wronged in his rights and yet he had his Ambassadours resident at the Councell We say hee is nere the worse for all that considering that divers protestations were made against the Councell on both sides This we shall prove by some examples 11 We reade how the Donatists were many times condemned and that by many how the Emperour Constantine the Great yea the whole Church and the great Doctors of those times bore with them in their reciduations without ever troubling them with writs of rejection of their cause and other such shackles of law-formes They were first sentenced by Pope Miltiades and his Councell at Rome from which they appealing their cause was afterward examined at the Councell of Arles the Emperour Constantine the Great tooke the paines to heare them himselfe and yet after all this under the Emperour Honorius and by his command there was a generall conference of all the Bishops Catholiques and Donatists at Carthage in Africa Where it is to bee observed that the Catholiques desired that Conference so saith St. Austin who was one of the disputants The Emperours commission being read it was declared how the Catholiques had demanded the conference and that it was granted unto them 12 It is well knowne how many Councels were called and kept to convince the Arrians the first that was holden against them might have sufficed namely that of Nice considering the â—ame and worth of it and yet there was another Generall Councel holden at Sardis where the Emperours suffered them to dispute anew all that had been controverted and canvassed and especially of that holy faith and the integrity of that truth which they had violated so say the Fathers of that very Councell in a letter of theirs to Pope Iulius And after that there were yet two others called both at one time one at Ariminum of the Westerne Bishops the other at Seleucia of the Easterne where howbeit the Catholique Bishops were more in number than the Arrians yet they suffered themselves to be supplanted chiefly
sous couleur de pieté L' eglise abonde en Simonie Et y a multiplicité De maux que s'ils sont de duree Nuiront à cette foy doree Eclipseront la pureté Tell the Pope I pray from mee That under colour of piety The Church abounds in Simony And such a many faults there be That if not mended presently They will eclips the purity Of faith that shines so gloriously 12 Francis Petrarch who lived about the yeere 1370 under the Emperour Charles the fourth and Pope Gregory the 11 reproving also an infinite number of abuses speaking of Rome under the name of Babylon and of his departure from thence in the 92 Sonet he saith De l' empia Babilonia ond ' è fuggita Ogni vergogna ond ' ogni bene è fuori Albergo di dolor madre d' errori Son fuggit ' io per allungar la vita From wicked Babylon from whence is fled All modesty all goodnesse banished Harbour of griefe mother of errours rife I fled in hopes so to prolong my life In his 20 Epistle he styles it The nest of treasons wherein the venome of all the world is hatched and brought up 13 Francis Zabarel Cardinall of Florence who lived about 1400 in a tract which he writ of the Schisme a little after the first Pisan Councell speakes thus concerning the reformation of the Head which as hee saith must bee done in a Councell These lawes are observable insomuch that they were not well considered of by divers flatterers that would often heretofore humour the Popes and who still perswaded them they might do what they list yea even that which is not lawfull and in that respect more than God himselfe For hence have ensued an infinite company of errours insomuch that the Popes have usurped all the right of inferiour Churches so that other Prelates are but cyphers and if God do not provide for the state of the Catholique Church it is like to goe to wrack But by the grace of God there is some hope of reformation if the Councell which is appointed in the Church doe indeed meet as it is reported it shall In which assembly order must be taken not onely for the present schisme but for the future also and the power of the Pope must be so moderated that inferiour powers bee not overthrowne and that from henceforth the Pope may not do what he will but what is lawfull 14 At the Councell of Constance there were articles put up by divers Natitions about the point of reformation wherein it was demanded amongst other things That there might bee a reformation of the head and Court of Rome Whereupon was enacted this good decree That the Pope whom they should create together with the Councell or such as should be deputed by every nation should proceed to the reformation of the head the members and the Court of Rome according to equity and the good government of the Church before the breaking up of the Councell But Pope Martin the fifâ—h being elected by them did ease them of that trouble putting off the reformation till another time to the great regret of many seeing it is ever to begin anew 15 The Cardinall of Cambray who lived about 1414 and was at the Councell of Constance in a certaine Treatise of his Of the reformation of the Church after he hath shewed the good that comes of the celebration and frequency of general Councels he addsâ— The second consideration is of such things as ought to be reformed in the Head of the Church that is concerning the state of the Pope and his Court of Rome And he afterwards speaks of the abuses of exactions excommunications the multitude of Canons and decretals presentations to benefices elections to dignities granting of exemptions and many such like excesses which saith he it would be too long to relate which he desires may be reformed 16 Mr. Iohn Gerson Chancelour of Paris who was also at the Councell of Constance in a Sermon made by him upon the voyage of the Emperour saith It is expedient to doe so now before the election of the Pope in many things which concerne the state generall of the Church which the Popes abuse by too much using the plenitude of their power as in this that they will never keep any generall Councels nor suffer inferiour Prelats to enjoy their ordinary rights wherein they have manifestly erred without any manifest reason or convenience sometimes disanulling the decrees of generall Councels sometimes altering them sometimes expounding them at their pleasure sometimes granting priviledges and exemptions 17 Nicholas de Clemangiis one of the most learned and eloquent divines of his time who was contemporany with Mr. Gerson speaks also very bitterly against the See of Rome in divers tracts but especially in his booke De ruina reparatione Ecclesiae I shall set downe some passages in generall terms First saith he let us speake of the Head upon whom all the rest depends He afterwards addes For the supreme Bishops that I may come to them in the last place who by how much they see themselves ranked above others in greatnesse and authority by so much they labour the more to overthâ—ow them out of a domineering humour for the enlarging of their primacy and supreme power considering that the commodities of the Bishoprique of Rome and S. Peters patrimony which is very large and above any Kingdome though it have beene sufficiently curtalled by their negligence can no way suffice to maintaine the greatnesse of their state which they have purposed to raise high enough above all the Emperours and Kings in the world have cast themselves into those others flocks that abound in breeding in wool and in milke He afterwards specifies the loosenesse luxury vanities worldlines rapiâ—es vexations usurpations oppressions and other such like vices and abuses of the Popes and their Court. In another book of his intituled De lapsu reparatione justitiae he shewes that the Court of Rome hath infected France by comming there specifying all the vices and blemishes which are communicated unto it and those no small company 18 Lastly saith he there was a time when the Apostolique Bishop being vexed with the tyranny of the Italians made choice of France for his seat and for all tâ—e Court or Rome supposing he could not â—inde assured refuge elswhere to whom I could wish the strength of France had never proved a staffe of a reed as it was a long time before foretold that it shouldâ— what was it else that brought France upon the suddaine into these miseries making her fall away from that eminent glory which made her flourish above al other nations but that degenerating from those ancient vertues which adorned her with such an excellency of honour she is changed from valour to cowardise from diligence to sloath from honesty to ignominy from gravity and constancy to a wanton lightnesse from
keeping it so close it appears more in deed that in writing in what sort the Catholique faith prospers by this meanes 19 Gregory of Haymburgh a German Lawyer who lived in the time of the Councell of Basil complaines likewise of these Annates and other exactions of the Pope upon benefices and Ecclesiasticall preferments The Empire saith he being thus divided or vacant they proceeded further reserving to themselves all advowsons and dignities how Canonically soever disposed of yea and the presentations to benefices surcharging withall the Bishopriques and other livings with Annates and other Symoniacall exactions for investiture into these livings that otherwise belonged to the Empire that the Popes by this meanes might squeaze all the treasures of the world as if they were not content to have usurped the Empire It was one of the Articles proposed by all the Nations of Christendome at the Councell of Constance there to bee reformed conceived in these terms Of Annates and petty services And indeed there was a mighty bickering about it betwixt the Cardinals who opposed the proposall and the French who did earnestly sollicite the contrary as appeares by the answere of our French men printed amongst the works of Nicholas de Clemangiis but at last the Cardinals by meanes of their shiftings and put-offes got the victory insomuch that there was nothing done in it 20 Albert Crants a German Historian and Devine in his book called Wandalia speaking of a tenth which Pope Paul the second would have laid upon Germany for making war against the Turke saith That the Archbishops of the Rhene were scarce willing to give way to this imposition because the Pope received the first fruits which was a great pressure to Germany and all saith he that the Cardinals may have to feed their beasts Volaterranus speaking of Rome in the 30 book of his commentaries dedicated by him to Pope Iulius the 2 saith That livings are there bestowed for wages and the spirituall treasure is made a merchandise 21 There is an arrest of the Parliament of Paris dated the 11 of September 1406 wherein it is said That Pope Benet and his officers should from thenceforth give over and abstaine from the exaction of Annates in this Kingdome of France and the Countrey of Daulphiny The Councell of Basil made also a very remarkable Decree hereabout in the 21 Session The holy Councell ordaineth that from this time forwards there shall bee nothing exacted either in the Court of Rome or else where for letters Buls seals Annates common and petty services first-fruits or any other title name or colour whatsoever for confirmations of elections admission of requests provisoes of presentations nor for any collation deposition election demand or presentation to bee made even by Lay men Nor for institution installation and investiture in Churches even Cathedrall and Metropolitan Monasteries dignities benefices and other Ecclesiasticall offices whatsoever Nor for Orders nor the sacred benediction nor for the Pall. This same decree was in expresse words inserted in the Pragmatique â—anction and confirmed by it Wee may take notice by the way of the prohibition made by the Councell and the Pragmatique sanction against the Popes that they should not take any thing for the mantle or Pall which they were wont to sell to Archbishops and Metropolitans at a good round price as they did also afterwards notwithstanding these decrees as appears by the complaint which Langius maketh against Leo the 10 A great summe of money saith he is extorted for the purchase of Bishops Palls to the detriment of Churches against the constitution of the holy Councell of Basil which ordained that nothing should bee paied for the Pall nor for the confirmation or obtaining of other offices But to returne to Annates 22 It may seeme that the Bull of Pope Leo the 10 added at the end of the Concordate and confirmed by the letters patents of King Francis the first hath derogated from the Pragmatique sanction But that Bull was never received and approved in France as M. Peter Rebuffus doth testifie This constitution saith hee as being about a money matter was never received by the inhabitants of this Kingdome Nor is it comprehended within the Concordate nor the Kings declaration concerning it verified in the Court of Parliament And indeed all such Annates are expresly prohibited in the second Article of the Decree at Orleans Vpon the remonstrance and request of the delegates of the said States to the end that for the time to come no money for vacancy nor Annate be payed for the grant of Archbishopriques Bishopriques Abbeyes or other benefices that concerne the Consistory we have determined to conferre and treat more largely hereabout with the Commissioners of our holy Father the Pope and in the meane time by the advice of our Councell and according to decrees of the sacred Synods and ancient Statutes of the Kings our predecessours and the arrests of our Courts of Parliament we do ordaine that all transportation of gold or silver out of our Kingdome and all payment of money under colour of Annate Vacance-money or otherwise shall be left off and surcease under paine of paying foure-fold to all such as doe contrary to this present decree But afterwards the execution of this decree was suspended by the letters patents of the same Prince dated the 10 of Ianuary 1562 procured by the earnest entreaty of the Cardinall of Ferrara and Annates were tolerated in this Realme by reason that the Pope assured the King hee would take order for a reformation herein as appeares by the contents of the said letters which run thus 23 Charles c. Whereas at our comming to the Crowne at the request of the three estates of our Kingdome holden in the City of Orleans by the advice of the Princes of our bloud and other great eminent persons of our privy Councell we commanded our subjects that they should not transport or carry any more money out of our said Realme under colour and pretence of Annates and Vacants and made other prohibitions concerning the obtaining of benefices by anticipation devolution dispensation or such like meanes of dispatch sent out of the Court of Rome as is specified in the copy of the Ordinances aforesaid in the second fourth and twenty second Articles Which prohibitions were published in our Court of Parliament and other the jurisdictions of our said Kingdome whereof complaint and remonstrance hath beene made unto us by our deaâ—ly and welbeloved Cozen the Cardinall of Ferrara Legate in France who hath entreated us to restore the things aforesaid unto that state wherein they were before the said Ordinance of Orleans We declare that we desire to render all honour and filial devotion to our Holy Father and out of the great confidence we have that his Holynesse will looke to provide and speedily to take order as need requires that the matters aforesaid may be reformed as
were true which the Pope alledged or no providing that in imitation of the Kings of Spaine the Clergy did not meet to determine such controversies elsewhere than in the Kings Court. On the other side he writ to Arteaga his Proctour at Rome to goe and greet the Pope with all reverence and offer unto him in his name not only the tenths of his Dioces but even all the commodity all the moveables of the Churches all the gold and silver coyned or uncoyned which could be found in the Priests coffers and the Chappels and Churches but that he should earnestly intreat him withall openly to declare his purpose and resolution concerning the preparation of the Holy Warre For he would never be a meanes to make the Spanish Clergy tributary whom hee had appeased having been already in some commotion without very just cause He injoyned his Proctour also to inquire diligently what was the determination of the Councell of Lateran concerning those tenths Arteaga having informed the Pope of these things together with Lawrence Putius and Iulius de Medicis Cardinals the Popes privado's they made him answer in this sort That the Pope had not as yet imposed any tenth upon the Clergy neither by authority of the Councell nor otherwise Nor would he impose any but in case of extremity and when his affaires did not only require but compell him so to doe according to the last Decree of the Councell of Lateran But he laid the blame upon Iohn Ruffus Archbishop of Cosenza the Popes Nuncio in Spaine who had as they said divulged these things very iudiscreetly Wherefore the Clergy of Spaine might sleep secure for ought that concerned the paying of tenths And there was besides a Bull of the Popes shewed to the Proctour which was shortly to bee published which concerned the Act of the Lateran Councell Yet Ximenius so soone as hee understood all these passages from Arteaga did not let for all that to call the Clergy together who met all at Madrid a little before hee went to Tourverte For Peter Martyr who was present at that Synod as Proctour of the Church of Granada as appeares by his epistles declares how that it was adjudged by common consent to deny that tenth which consultation was commended by the Archbishop of Toledo promising to patronize and defend it if need required It is also plaine out of the Epistles of Bembus set out under the name of Leo that this tenth was really exacted and that it was no flying rumour or opinion But as I thinke in Italy only or other of the Popes dominions CHAP. VI. Of other demandes concerning the abuses of the Court of Rome 1 COnsequently to what we have already delivered in the former Chapters concerning the greedinesse and insatiable desire of the Court of Rome we will set downe this certaine complaints and demands exhibited by the States of Germany in this behalfe The first whereof shall be against the proviso's and clauses made at Rome concerning all maner of benefices to the defeating of the Patrons both Ecclesiasticall and Lay of their right of advowson by divers subtle fetches And all this for the great wealth the Court of Rome gaines by this meanes and which is brought in thither out of all the Kingdomes and Provinces in Christendome This demand deserved to have beene well considered of yet it was not it is attended with many grievous complaints hereof made in divers ages The Statutes of our Kings speake throughly of it and amongst others that of Charles the eighth of the 18 of February 1406 the words whereof are these Some yeers agoe the Popes of Rome in despite and contempt of the Decrees of ancient Fathers and Generall Councels have brought all Ecclesiastical dignities Cathedral and Collegiate under their disposall and all others of greatest value next after Bishopriques they have granted livings in reversions upon the Vacancie to any that would sue for them which hath beene an occasion for one to thirst after the death of another They have invented abundance of tricks whereby they have utterly annihilated the power and authority of the Bishops Chapters and Colledges insomuch that there is none now that hath the power to present to a living 2 S. Bernard toucheth this abuse to the quick in his books De Consideratione which he dedicâ—tes to Pope Eugenius Never tell mee of the words of the Apostles who saith Being freeâ— I am made the servant of all The case is far otherwise with you for to my knowledge there come unto you from all parts of the world ambitious people covetous Symoniacall sacrilegious adulterous incestuous and such like monsters of men to obtaine or retaine Ecclesiasticall dignities by your Apostolique authoritie c. 3 The Bishop of Mende put up this abuse in the Councell of Vienna to bee reformed For after he had said that every Bishops jurisdiction ought to be preserved intire to himselfe he addes That Ecclesiasticall benefices which belong to the collation and disposall of Bishops are bestowed by the Sâ—e Apostolique and others even before they be void and that not only in the Court of Rome but out of it howbeit the Bishops must give an account of the cure and of those that execute them whose consciences they are utterly ignorant of in asmuch as they are none of their preferring He would never have demanded the reformation hereof unlesse the abuse had beene notorious 4 Marsilius of Padua his contemporaâ—y tels us as much The Bishops of Rome saith he reserve unto their owne power immediatly the bestowing almost of al Ecclesiastical Preferments yea even unto the meanest basest oâ—â—ices yea of such as may agree to meere Lay men for any thing that concernes Churches by meanes of which reservation they abrogate and make void all elections how legally soever they were made though of approved and sufficient men 5 The Cardinall of Cambray puts this also amongst those things which ought to be reformed in the Church It is further expedient saith he to provide against certaine grievances which are offered to other Prelates and Churches by the Church of Rome namely about bestowing of livings and election of dignities Nicholas de Clemangiis makes a very bitter complaint against it in his Book De ruina reparatione Ecclesiae where speaking of the Popes he saith They have arrogated unto themselves the right of disposing of all Churches in all places as farre as Christian Religion reacheth of all Bishopriques and dignities which are conferred by election voyding and disanulling the Decrees formerly made by the holy Fathers with so much care and commodity that so they may by this meanes fill their owne budgets the better And a little after But it may be peradventure that the Bishops of Rome tooke the creation of other Bishops and disposall of the highest dignities in the Church into their owne hands quite abolishing all elections to the end that by their providence the Churches might be the
the crime of sacriledge forasmuch as he is the cause of causes and the just cause and for that it is to bee presumed that whatsoever pleaseth him is just and reasonable 15 Divine honours have also beene ascribed unto him for it is appointed and prescribed in the Ceremoniall That all persons of what dignity or degree soever when they come before the Pope shall bow the knee thrice before him at a certaine distance and kisse his feet Thence followes adoration The Bishop of Zamore saith Let him be highly honoured let him be extolled and adored in all the parts of the world let every knee bow before him as is fitting they should Menotâ—â— speakes of these honours with a very good grace I will make him speake in his owne language for the elegancies sake Nec est bodie princeps super terram qui non flectat genua coram Domino Papâ qul non se multum aestimet qui ne se tienne bien fier ejus pedes osculari Ioseph Stephanus a Devine hath writ a book in our dayes which he intitles Of the adoration of the Popes feet 16 These excessive honours and this divine power which is ascribed unto him have constrained some to cry out and complaine of them In the Acts of the Councell of Rhemes under Hugh Capet wee finde these words directed to the Pope What thinke you Reverend Fathers who that should bee that is seated in the highest place who glisters with a garment of gold and purple I say who thinke you that should be if he be without charity and be puffed up and exalted onely for his knowledge then hee is Antichrist sitting in the Temple of God and carrying himselfe as God but if he bee neither grounded in Charity nor exalted in knowledge he is like an image like an idoll in the Church of God 17 The Emperour Fredericke the second in the letters which he writ to the Princes of Germany saith The Pope being growne over wealthy to the great decay of Christian piety thinkes he may doe any thing like most wicked tyrants as if he were a God he will not give any reason for his actions to any man he takes upon him that which belongs to God alone for it is thought he cannot erre 18 A German Bishop who lived under the same Emperour in a certaine Oration which he delivered in an assembly held at Rhegimburg saith amongst other things That the Popes will never have done till they have trampled all things under their feet till they be seated in the Temple of God and exalted above every thing that is adored And a little after He that is a servant of servants desireth to be Lord of Lord just as if he were God 19 One of our old French practitioners hath made the very same complaint The Pope saith hee styles himselfe in words a servant of servauts but in very deed he suffers himselfe to be adored which the Angell in the Revelation refused to doe A learned Cardinall of Florence reproves the Popes slatterers because they beare them in hand That they may doe any thing that they may doe what they please even things that are unlawfull and so more than God himselfe whence infinite errours have proceeded Hee afterwards addes that in the Councell which shall be holden about the reformation of the Church It will bee fitting to advise concerning the honour which shall be done unto the Pope that there be no excesse in it that he be not honoured as God himselfe 20 They take upon them also all power authority and jurisdiction over Emperours Kings and Christian Princes and over all temporalties whatsoever We will here insert some of their maximes concerning this point First that which they say is contained in the donation of Constantine To the end that the Pontificial dignity be not disesteemed but more eminent in glory and power than the Imperiall we give and grant to the most blessed Bishop Sylvester universall Pope our Palace and City of Rome together with all the Provinces Palaces and Cities of Italy and of the Westerne Countries wee decree by this our Pragmatique Sanction that he and his successors may dispose of them and that they shall belong to the right of the holy Church of Rome By this pretended donation all the Princes of Europe are made the Popes vassals and subjects They say further 21 That it is necessary to salvation to beleeve that every creature is subject to the Pope of Rome 22 That he is set over Empires and Kingdomes 23 That he carrieth both the temporall sword and the spirituall 24 That the Empire depends upon the Pope and that hee hath dominion over it 25 That the Imperiall or regall power is borrowed from the Papall or Sacerdotall for as much as concerneth the formality of dignity and receiving of authority 26 That he may chuse an Emperour himselfe upon just and reasonable cause 27 That he may appoint guardians and assistants to Kings and Emperours when they are insufficient and unfit for government 28 That he may depose them and transferre their Empires and Dominionâ— from one line to another 29 That Pope Zachary transferred the Kingdome of France upon Pepin 30 That the translation of all Kingdomes whatsoever was done by authority of the Pope or of some other that represented him 31 That the Empire was transferred upon the Romans by the Popes authority 32 That the Empire was transferred from the Romans to the Grecians by the Popes authority 33 That the Empire was transferred from the Grecians to the Germans by the Popes authority 34 That the Empire may be transferred from the Germans upon any other by the Popes authority 35 That the confirmation of the Emperour belongs to the Pope to whom also belongeth an universall jurisdiction 36 That the Emperour ought to swear allegeance to the Popes 37 That he cannot exercise his Imperiall power unlesse hee bee confirmed by the Pope 38 That the Pope may make the Empire hereditary if he see it expedient for quietnesse sake for just as he now ordaineth that it shall be elective so hee may bring in an hereditary succession 39 That he may change the Electors oâ— the Empire if any evident and apparent benefit of the Christian Common-wealth doe so require 40 That the Electors of the Empire may bee appointed out of another Countrey than Germany if any just reason so require 41 That he may absolve subjects from the oath of allegeance 42 That the Pope upon just cause may set up a King in every Kingdome for he is the overseer of all Kingdomes in Gods stead as God is the supervisor and maker of all Kingdomes 43 That if one be oppressed in the Court of externall judgement hee may appeal from any man King or Emperour unto the Pope 44 That the Pope hath jurisdiction over all things as well temporall
as spirituall through the whole world 45 That it belongs to the Pope to correct Kings when they offend seeing that he is the judge of the quicke and the dead in Christs stead 46 That the Pope may correct the Imperiall law by his authority as the divine law doth the humane 47 That the Pope may alter the Imperiall laws according to the diversity of the times if any evident commodity be like to insue upon it 48 That the Pope by reason he hath the Empire of Rome may and ought to reduce the Holy Land under his jurisdiction 49 That the Pope hath the propriety of the Western Empire and the rest of the world in protection and tuition 50 That he may justly make an ordination and decree against infidell Princes although their Countries were never possessed by Christian Princes that they doe not injustly molest the Christians within their dominions 51 That if they evill intreat the Christians he may by his sentence deprive them of that power and jurisdiction which they have over them 52 That he may command the Infidels to receive the Preachers of the Gospel into their territories 53 For ought that I can see the King of China and the great Mogul shall fare no better than Christian Princes unlesse they come very speedily and submit themselves to the Pope He hath met with the Kings of India of Peru Brasile Cuba and all those other â—les of the Ocean which were of farre more difficult accesâ—e than those Kingdomes we speak of Alexander the 6 anno 1493 made a faire deed of gift to Ferdinand King of Aragon of all those poore Barbarians and of all their Countries and Kingdomes although he never knew them nor had they ever offended him Of our meere bounty and certain knowledge and the Plenitude of our power Apostolicall we give grant and by these presents do assigne to you your heirs and successours for ever Kings of Castile and Leon all the Ilands and Continents which have already beene discovered and found out or which hereafter shall be towards the West and South drawing a line thereof from the Artick or Northâ—Pole to the Antartick or South Pole And we make constitute and appoint you your heirs and successours Lords thereof with full free and absolute power authority and jurisdiction But enough of this for any man may judge by this what will become of the rest 54 So one of their Doctors expounding that passage of sacred writ Give unto Cesar the things that are Cesars saith That was spoken but for a time not for ever that it was to hold only till the ascention of Iesus Christ and afterwards that should come to passe which was spoken When I shall bee lifted up from the earth I will draw all things after mee That is saith this great Rabbin I will recover all the Empires and Kingdomes of the world and will take them from Cesar from Kings and Princes to give them to the Pope See here one of the finest and truest Prophecies that ever was read for he hath more stroke in the Empire and Kingdomes than the Emperours and Kings themselves at least among Christians 55 Wee need not wonder hereafter at the extravagant of Boniface the 8 where he will have it to be necessary to salvation to beleeve that all the faithfull people of Christ are subject to the Pope of Rome that hee hath both the swords that hee judgeth all men and is judged of none Nor of that which hee writ to King Philip the Faire That he was subject to him both in spirituals and temporals Nor at that which a German Historian relateth of him That supposing Kingdomes and Empires to bee in his power he made his brag that hee had two swords Nor at that which before his time Nicholas the first writ to the Milanois That God hath bestowed upon S. Peter and his successours the right both of the Terrestriall and Celestiall Empire Nor at that which Gregory the 7 saith in one of his Buls speaking of himselfe That all the world may understand at last that wee give and take away Empires Kingdomes Principalities and whatsoever mortall men are capable of Nor at that pretence of Clement the 5 in one of his Clementines That without all doubt he hath the command of the Empire who by reason of that power which he hath succeedeth the Emperour in the vacancy of the Empire Nor at that which Clement the 6 pretended that the Empire devolved upon him after the excommunication of Ludovicuâ— Bavarus and that upon that occasion he placed Governours in the Cities of Italy following herein the example of his predecessour Iohn the 22â— who set forth in his Buls to all the world That he had divided all Italy from the Empire and from the Kingdome of Germany That the Pope is universall Lord not only of things spirituall but also of temporall Nor likewise at this that the Popes have declared all those to bee hereticks who in their writings have defended That Empires and Kingdomes depend not upon the Pope but upon God alone 56 The King of France is deceived if he thinke he is exempted by his Clementine Meruit hee hath to doe with people that know how to expound Scripture that will pick out the sense where all the greatest Doctours of the Sorbon would bee put past their divinity They know well enough how to tell him that he and his Kingdome are onely restored by that Clementine into the state wherein they were before Boniface his Bull that the Realme of France was before that subject to the Popes Dominion by the donation of Constantine That the Pope is Lord and Monarch of the Vniverse that hee hath both the swords a plenitude of power both over temporals and spirituals that the Decrees which bestow this right upon him are confirmed by the Councell of Trent that Pope Zachary deposed Childeric absolved his subjects from the oath of allegeance and bestowed the Realme upon Pepin that this Pope Clement being a French man would have favoured the French but hee could not doe it to the prejudice of St. Peters patrimony that hee trembles yet at the fright which Nogaret put his predecessour into And wheras it is conceived that some such promise was extorted from him and some obligation which bound him so to doe upon condition hee were made Pope they will urge the example of the Emperour Henry the 5. whom the Councels of Lateran and Vienna caused to give up his investitures notwithstanding the dispensation which Paschal the second had granted unto him in that behalfe yea and the examples of our owne Kingsâ— whom Benedict the 13 Iulius the 2 Gregory the 14 and Sixtus the 5 did not sticke to excommunicate for all their priviledges 37 Besides the Councell of Trent being allowed which gives all power to the Popedome even over Councels it must belong to the Pope to dispose of
hee haed not been accustomed to holding of stirrops But the Pope from his excuse drew a subtile argument agâ—inst him to pronounce him unworthy of the Empire for saith he if he have neglected out of ignorance a thing which is so easie how thinke you hee will manage weightie matters The Emperour seeing himself in danger to be degraded as insufficient and incapable of the Empire bended all the nerves and veines of his wit to make this dilemma which gained him the cause I would be better informed saith he whence this custome proceeded whether out of good will or out of custome if of good will the Pope hath no reason to complaine if a man have failed in a thing which concernes civility seeing that consists in the minde of the giver and not in necessity of right if you say that this reverence is due to the Prince of the Apostles from the first institution what difference is there betwixt the right stirrop and the left so that humility be observed and the Princâ— humble himselfe to the feet of the supreme Bishop The Historian addes That the question was disputed a long time and with much eagernesse Hee sayes further That they parted without giving him the kisse of peace It went so farre that the Pope returned without crowning Frederick and beeing intreated and importuned thereunto by the Princes of Germany he commanded him first and formost for pennance of his fault to goe and conquer Apulia from the Popes enemies to restore it to S. Peter and he had much adoe to make him give over that designe All this is reported by a German Priest not suspected Iudge yee now if he did not play his part well 4 There was yet after that another great quarrell betwixt them by reason of certaine letters which the Emperour had writ to Adrian wherein hee committed this grosse absurdity to put his owne name before the Popes whereat hee being justly offended told him in his letter That he wondred much at this that he seemed not to give unto S. Peter and the holy Roman Church her due reverence for saith he in those letters which were sent to us you put your name before ours wherby you incurre a censure of insolence if not of arrogance Whereunto the Emperour replyed That all the royalty which the Popedome had it had it by the liberality of the Emperoursâ— and thereupon said hee when wee writ unto the Pope of Rome wee put our owne name before of right and custome and by way of justice wee allow him to doe the like when he writes unto us Search the records and if you have not observed what we affirme wee will shew it you 5 We might here adde the picture of Rome which represents Innocent the 2 sitting in his pontificall chaire and Lotharius the Emperour who received the crowne from him lying prostrate at his feet which as Historians say caused the Emperour Frederick the first to fret and fume when he cast his eye upon it As also that forme of inscription in Innocent the fourths letters Innocent c. The virtue of God the wisedome of God to whose unspeakable majestie all things are subject 6 Henry the 4 was injoyned this pennance by Gregory the 7. Not to goe out of Rome for a yeere not to get on horse backe to visite the Churches in a Pilgrims habit and to bring forth fruits worthy oâ— repentance by fastings and prayers While the poore Emperour was at his Pater nosters submitting himself to all that hee would lay upon him the Pope made another Emperour to bee created in Germany whereof a German Priest gives this reason That the Cardinals and others of the Court of Rome seeing how the earthly powers trembled for feare at the shaking of the See Apostolique and how those that bore up the world did bow downe to it might suggest to the Pope that he should conferre the Empire upon another Another time comming to meet with the Pope at Canisium bare foot in the midst of Winter in Pilgrims weedâ— he was compelled to stay three dayes in the Suburbs like a poore rogue without obtaining audience 7 The indignity done to Frederick the first by Alexander the third is well enough knowne when he received him in peace he cause him to cast himselfe upon the ground in S. Marks Church in Venice and to aske him pardon when setting his foot upon his neck hee said these wordsâ— Thou shalt goe upon the Basilisk and Adder the Lyon and the Dragon shalt thou tread under foot 8 A Duke of Venice to make his peace with Clement the fifth for himselfe and the State was constrained to goe upon all foure towards the Pope with a chaine about his neck Innocent the 4 would not forgive Frederick the 2 notwithstanding the intercession made by King S. Lewes who writ unto him in person to Lions who offered in behalfe of the Emperour for satisfaction of his faults To goe in Pilgrimage into the Holy Land to make warre and stay there all the dayes of his life Whereat the good King taking scandall came home vext and ill appeased having found no humility in the servant of servants saith an English Monke Nay which is more Hee forbad him entrance into his Kingdome saying The Vicar of Christ followes not the footsteps of Christ as the same Authour 9 The same King by the Councell of the Peeres in France had formerly denyed Gregory the 9 entrance into his Kingdome Knowing that by his comming there would no good come either to the King or the Kingdome saith the Historian who further addes this speaking of the French men and the Pope They were affraid that hee would not know his enemies as the rat in the poke or the serpent in the bosome And yet this King was Canonized by the Popes Philip the Faire was in danger to be so by Clement the 6 for sending Boniface into Paradise But Lewes the 12 was excommunicated by Iulius the 2 for being too good to him and Henry the 3 by Gregory the 14 because hee was growne too devout and doted too much upon the reliques of Rome 10 Let us now see some draughts of the Popes greatnesse taken from that description which the Bishop of Zamore and Constable of the Castle of S. Angelo makes of it in his mirrour of mans life which he dedicated to Pope Paul the 2. That the Pope is instituted and ordained not only for humane principalities but also for divine not onely to rule over mortals but also immortals not only over men but also over Angels not only to judge the quicke but the dead also not only in earth but also in heaven not only to preside over Christians but also over Heathens And to bee short that he is instituted and ordained by the great God in his stead over all mortals to be held in the same dignity to have the same power and jurisdiction and the superiour and
by the judgement of God by reason of the sinnes committed by the Emperours the consciences of Princes and people binding them to make resistance against them 5 The Clergy of Liege in their Apology against Paschal the 2 who had commanded Robert Earle of Flanders to make warre upon them and had excommunicated them because they would not abandon the Emperour Henry the 4 How comes this to passe say they that Pope Paschall not content with the spirituall sword alone sends his Champion Robert to spoile the lands and inheritances of the Church which if they must needs be destroyed ought to bee so by the Edict of Kings and Emperours who beare not the sword in vaine 6 S Bernard exclaimes mightily against the Popes dominion and gives good advice to Eugenius the 3 about this particular where he tells him amongst â—ther things You were made superiour to others for what I pray not to domineere I trow Wee therefore having a conceit good enough of our selves doe not yet remember that any commanding power was given unto us but that a ministery was laid upon us You must consider that to doe the worke of a Prophet you stand in steed of a weeding hooke not of a Scepter Hee saith in another place This is plaine that dominion is prohibited by the Apostles goe you then I pray you and if you dare usurpe either the Apostleship as rulers or the power of ruling as the Apostles The one of the two is forbidden you if you will needs doe both you loose both Doe not thinke that you are exempted out of the number of those against whom God makes this complaint They have reigned but not by me c. Hee hath more concerning this point but this shall content us 7 Venericus Wercellensis in his book of the unity of the Church saith That the sacerdotall judgement hath no more but the spirituall sword which is the word of God And speaking of Hildebrand that is of Gregory 7 But Hildebrand saith he and his Bishops have doubtlesse challenged to themselves the very top of regall Authority yea they have usurped the function of both jurisdictions insomuch that the Kingdome is fully in their power or where they are pleased to bestow it being growne more perverse by reason of this great prideâ— so that they can neither looke to the one nor the other neither the Priestdome nor the Kingdome considering that no one man is sufficient to discharge either of the two they being such weighty imployments But however hee is neither Christian nor Catholique that contradicts the Gospel and despiseth the doctrine of the Apostles which saith Give to Cesar the things that be Cesars and to God the things that are Gods He that serveth God meddleth not with the things of the world Feare God honour the King Be subject to every humane creature for Gods sake c. He urgeth many other reasons and places out of Scripture which to set downe might be troublesome 8 A German Abbat who writ about 1â—50 speaking of the excommunication of the Emperour Frederick the 2 whom Pope Honorius had also deposed from the Empire This sentence saith hee being noised abroad into the world some Princes and divers others tooke it ill saying that it concerned not the Pope to set up or pull downe the Emperour but only to crowne him after he is elected by the Princes 9 An English Historian makes an observation herereupon which may much import all Princes One thing saith he vexed all the Princes and Prelats weighing the future dangers by the foresight of their understanding that was that however Frederick had sufficiently deserved to be deposed and deprived of all honour yet if the Popes authority by Gods permission deposed him so as he could not relieve himselfe the Church of Rome abusing the grace of God would grow hereafter to such an intolerable height and pride that she would depose Catholique Princes though just and innocent yea and Prelats also upon sleight occasionsâ— or would cause them to be deposed and disgraced and speaking haughtily and boasting themselves however descended from low degree they would say Wee have trode under foot the great Emperour Frederick and who art thou that thinkest to withstand us 10 The Pope having excommunicated King Iohn of England and put his Kingdome in an interdict compelled him to become a vassale and tributary to the See of Rome Whereupon Philip Augustus King of France gave him to understand that it was an unjust thing and more than he could doe wherein he was seconded by the great Lords of France as we have said in the beginning of the first Booke 11 In the reigne of S. Lewis ann 1247 what time as it is probable hee was gone in the Holy warres the Nobles of France finding themselves vexed and troubled by Pope Innocent the 4 made a League and set forth a declaration against him where they say amongst other things That the Clergy pointing at the Pope swallow up and frustratâ— the jurisdiction of Secular Princes so as by their lawes the children of slaves passe judgement upon free men and their children Whereas by the Secular lawes of our Kings and Princes they ought rather to be judged by us 12 The yeere 1244 the Prince of Northwales being a vassaile of the King of England put himselfe and his Princedome into the protection of the same Innocent who received him by the mediation of a certaine summe of money promising him to shake off his royall yoke Thâ—se things saith an English Monke being come to the knowledge of the King the Lords of the Land and other Princes aliens they were much displeased at him and abhorring the covetousnesse of Rome they perswaded the King of England to put it to a battell to curbe the upstart insolence of such an ungratefull person The same Pope Innocent the 4 after the death of Câ—â—rade King of Sicily and Apulia seized almost all the Kingdome into his hand and entred upon it with an army Which the chiefe of the Countrey perceiving saith the same authour they were vexed at it and setting upon Memfred bastard son to the Emperour Frederick they adhered unto him and did him hâ—mâ—ge 13 Philip the Faire being excommunicated by Boniface who pretended to be Lord Regent of France was so borne out by his subjects that when hee demanded their adviceâ— how he should demeane himself and whether he should put up that wrong they made answere uâ—to him commending his good intention That they were ready not onely to spend their goods which they there wholly offerd unto him for that end but also to expose their persons even to death for him not refusing any torments Adding further and that more plainely by word of mouth That if the King which God forbid would suffer it or connive at it yet for their parts they would never endure it Which and such like words as may bee read in some other passages
of that Epistle are no signes of disobedience but testimonies of ardour and affection to the service of Princes which hath often made their subjects speak in this straine 14 This reply was made by the nobility and the three Estates as is testified by the Clergy in their letters to the Pope upon that subject which Clergy sided also with their Prince as it appears by those same letters yet with more caution by reason of the great reverence which they bore to his Holynesse Mr. Iohn Tillet Bishop of Paris speaking of this fact in his French Chronicle The impudence of this man saith hee of Boniface was wonderfull who durst affirme that the Realme of France was a benefice of the Papall majesty But I thinke â—hem the greater fooles who dispute the point Whether the Pope hath this power or no he put our France under an interdict for the time but the Bishops tooke the Kings part Marsilius of Padua speaketh of it in this manner Experience the mistris of all things hath showne as much it is not long agoe when Pope Boniface the 8 dared to excommunicate Philip the Faire of happy memory Catholique King of France and put his Kingdome under an interdict together with such of the Clergy as adhered unto him The King on the other side complaining of a certaine ordinance publikely set forth by the said Boniface by the advice of his Cardinals which begun Vnam sanctam containing amongst other things yea by way of conclusion peremptorily determining that all Princes of the world all Commonwealths and Secular persons are subject to the coactive jurisdiction of the Pope of Rome albeit the same Boniface had resolved at the same time to band himselfe particularly against the said Prince and to stirre up against him his subjects and adherents and other Christian Princes and people if death had not hindred him as the eternall truth and the memory of divers yet alive can testifie 15 Ludovicus Bavarus was deprived of the Empire by Pope Iohn the 22 because he had taken upon him the name and title of Emperour and demeaned himselfe as such before hee was approved by the See Apostolique But an Emperiall decree was made thereupon containing That Pope Iohns proceedings were null and that thâ— Pope could not attempt such things against the Emperour considering their jurâ—sdictions are distinct So the German Historian But you must know that there were two Decrees made thereupon by the states of the Empire by the one it is enacted That the imperiall dignity is immediatly from God alone and that he ought to be accounted and called King and Emperour of the Romans meerly for his election that he ought to be obeyed by the subjects of the Empire that he hath full power to exercise all Imperiall rights and doe all other things which belong to a true Emperour and that he needs not the approbation confirmation authority or consent of the Pope the See Apostolique or any other whatsoever The other whereby the processe of Iohn the 22 against Lewes the 5 called of Bavaria is cassed and nullified whereof wee have spoken elsewhere setting downe the very same words 16 This opinion was maintained at that time by divers great Prelats and learned men in the Court of Rome Albericus de Rosate being then present who witnesseth as much in these words I hold saith he thâ—t this opinionâ— That the Emperour hath his power from God is more true by right then by the authority of Innocent and others And there was a great controversie concerning this in the time of Iohn the 22 and his successor Benedict betwixt them and Ludovicus Bavarus Emperour elect my selfe being at that time in the Court of Rome But I heard then that some great Prelates and some learned Lay men in both the lawes inclined to that opinion as the truer 17 The same Authour saith in his Dictionary That the Pastours of the Church thrusting their sickle into an other mans harvest made three Decretals concerning that particular One about the election of the Emperour another about the deposall of the Emperour Frederick a third about the dissention and sentence of treason given by the Emperour Henry There is yet another about the oath of alleageance which the Emperour is bound to swear to the Pope and some other power of the Pope above the Emperour Which Decretals God knowes whether they be just or not for my part I thinke none of them are according to law with submission to better advice and under correction if I thinke amisse nay I beleeve they were made against the liberties and rights of the Empire and I hold that the powers are distinct and that they proceed from God 18 Peter de Ferrariis an Italian Lawyer who lived about 1400 speaking of the abuse of excommunication exclaimes thus O poor Emperours and Secular Princes which endure this and other things of this nature and inslave your selves to the Church You see they usurpe upon the world infinite wayes and you never think of any redres In another place questioning whether the Canon law ought to be observed in case of prescriptions after hee had determined for the negative he addes The Emperours doe ill yea very ill to suffer them to have a meere and mixt Empire seeing God said to Peter Put up thy sword into his place thereby expresly forbidding him to meddle in these matters whereto Peter obeyed as Cynus saith in the Authentique Clericus C. de Episcopis Clericis and considering that this concernes the purchasing of Lay mens goods the Pope cannot determine any thing about it for so hee should put his sickle into anothers harvest contrary to the chapter Novit and other such like and the Glosse upon that Extra de Iudie let the Canon law then bee observed amongst the Clergy who carry their conscience in their hoods and loose it when they leave them 19 In another place hee enlargeth himselfe more fully upon this subject commenting upon those words Plenam omnimodam Iurisdictionem The covetousnesse of men saith he is so much inhaunced that they endeavour with all their might to climbe up to jurisdictions honours donations and if it were possible to the thrones of Heaven But they never consider what Tully the Father of eloquence said in his Offices wee ought to take heed of the desire of glory This appetite and desire is so much inlarged that not Layiques only but even great Prelates and Clerks are wholly infected with this vice and malady For you see how the Pope himselfe who should like a true Vicar follow the steps of IESUS CHRIST bestirreth himselfe to seize upon and by force of armes to keepe the jurisdiction of Countries Cities Villages and other places which naturally and ever since the creation of the world and by Christs owne ordinance belong to the Roman Empire according to that Give unto God the things which are Gods and unto Cesar the things which are Cesars Yea
who hath said to a King Apostate and made an Hypocrite to reigne for the sinnes of the world teach the people that they owe no obedience to bad Kings no alleageance though they have taken an oath to performe it that those who take part against their King cannot be called perjured but rather he that will obey the King must be accounted excommunicate but hee that will be against him absolved from injustice and perjury 28 Hee that writ the Booke De unitate Ecelesiae observanda in the time of the same Henry the 4 which is supposed to be Venericus Vercellensis refuting the motives and reasons of Gregory the 7 saith As for that which he addes it seemes wondrous strange that any religious Bishop of Rome should undertake to absove any man from his oath of allegeance Not long after hee addes See how the Catholique Church defendeth every thing which is not reproveable and therefore shee defendeth both Zachary and Stephen Popes of Rome for the merit of their religion and piety none of which as we very well know absolved the French from their oath of allegeance which they had sworne to their King as Pope Hildebrand giveth out in writing that so by this president hee may cozen the Peeres of the Realme as if he could absolve them from their oath of allegeance which they have sworne unto their King in the Name of God intending by that meanes to depose him and strip him of his Kingdome Which being divers times attempted within these fourteen yeeres last past and above did never yet take effect for all that 29 Afterwards he relates the story of Pepins coronation and there concludes Marke now the order how things were carried and observe if any of the Popes of Rome ever deposed the King of France out of his Realme as Pope Hildebrand writes and absolved the French from the oath of allegeance which they had taken unto him which oath as hath beene formerly proved by the testimonies of holy Scripture no man can dissolve without making the party absolved a lyer and perjured and damning of the absolver 30 The Clergy of Leige in their Apology against Pope Paschal the second speaking of the absolution of the oath of allegeance which he had granted against the same Henry the 4 Who can justly blame a Bishop for favouring his Lords party to whom hee oweth allegeance and hath promised it by oath No man doubts but perjury is a grievous offence God only sweareth and repenteth not because wisedome keeps the Commandements of Gods oath But for us who often repent that wee have sworne wee are â—orbidden to sweare If man sweare God injoynes him to performe his oath unto the Lord. Which is not unknowne to those that rend the Kingdome and the Priesthood by a new schisme and with their upstart traditions as some would have it promise to absolve from all sinne such as incurre the crime of perjurie towards their King Never regarding what God said to Zedekias by the mouth of Ezekiel who had committed perjury against his King Nebuchadonosor Hee that hath broken the Covenant shall hee escape Which St. Ierom expoundeth thus Hence wee may learne that we ought to keepe touch even with our enemies and not consider to whom but by whom we have sworne 31 Gregory of Heymburg in a tract of his With what conscience saith hee dare any Priest even the Pope himselfe undertake to absolve the Liege subjects of the Empire from their oath of allegeance and obedience to which Christ and his Apostles doe binde every one especially so long as the piety of faith is preserved entire And if the Pope may dispence by his oligarchicall law yet hee cannot so by the divine law without imputation of errour 32 Marsilius of Padua in his Treatise Of the translation of the Empire speaking of Gregory the 13 who made all Apulia Italy and Spaine revolt from their obedience to the Emperour Leo and made them deny to pay him tributes and subsidies by reason of a controversie about Images which was then betwixt them saith thus For this reason the said Gregory undertooke to excommunicate the said Leo and perswaded all Apulia Italy and Spaine to withdraw themselves from his obedience and as much as in him lay put it in execution howbeit without any great right Hee also in solemne manner forbade him to receive any subsidies By what authority I know not but I wot well by what temerity 33 Divers Doctours and learned men both in divinity and in either law have in their writings in sundry ages opposed this usurpation of Rome and proved by sound reasons that the Pope hath no temporall sword that it is in the power of Princes and other Magistrates that hee hath no Secular power or jurisdiction over Kings and Princes nor over their Empires and Kingdomes which depend upon God not upon him that consequently hee cannot take them from them to bestow them upon another nor absolve their subjects from the oath of allegeance These witnesses have withstood the Pope as stoutly by their pens at Kings and Emperours by their swords yea so farre forth that their armour had beene but very weake if they had not beene tempered in these writings as some Historians doe assure us And thence it is that the Popes many times have darted out their thunder-bolts against them and their works Which our Councell of Trent hath used to doe and which our Popes doe put in execution daily according to the commission granted them by iâ— stuffing their Index Expurgatorius with their names I should bee troublesome if I should here quote their aâ—thorities and much more if I should set downe their reasons I will content my selfe with citing some few in the margent besides those whom I have already alledged to whom any man may have recourse CHAP. XIII The conclusion of all that went before 1 NOw to make an end of this Treatise wee will here set downe the antithesis of Gregory Haymburg which suits very well with the former discourse 1 CHRIST rejected the Kingdome of this world His Vicar canvaseth for it 2 CHRIST refused a Kingdome when it was offered him His Vicar will needs have one which is denied him 3 CHRIST refused to bee made a Secular Iudge His Vicar takes upon him to judge the Emperour 4 CHRIST submitted himselfe to the Emperours deputy His Vicar preferres himselfe before the Emperour himselfe yea before all the world 5 CHRIST reproved those who desired primacy His Vicar wrangles for it against all the Church 6 CHRIST upon Palmesunday was mounted upon an Asse His Vicar is not content with a stately Cavalierie unlesse the Emperour hold his right stirrop 7 CHRIST united the disagreeing Iewes and all other Nations in one Ecclesiasticall Kingdome His Vicar hath oftentimeâ— raised seditions amongst the Germans when they were at unity 8 CHRIST though innocent endured injuries patiently His Vicar though nocent ceaseth not to doe injuries to the
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
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
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
ought to bee esteemed as great and grosse in a particular Councel as in a General seeing that by his reckoning all Councels whatsoever are but petty accessories which bring no great advantage to the principall But if he grant that a Generall Councell where the Pope is hath no more power than a particular where the Pope is also hee plainely confesseth that the principall authority of Councels is not derived from their heads CHAP. IV. Of Appeals from Popes to Councels 1 THat which Saint Austin proposeth in the place above-cited touching judgement of a Councell after the Popes sentence is a kinde of Appeal This gives us occasion of here setting downe certaine precedents of such as have been put in from Popes to Councels The Emperour Ludovicus Bavarus the fift of that name releeved himselfe by this meanes against Pope Iohn the twentie second who had excommunicated him for taking upon him the name of Emperour before hee was confirm'd by him Hee appeal'd saith the German Chronicle to a Generall Councell and to the Pope who was now misinform'd in the matter when hee should be better informed Yet notwithstanding hee charged his Ambassadours whom he sent to Iohn to use all kinde of humilitie towards him to see if hee could pacifie him before hee proceeded to this remedie Which being done they got no other answer but this That it was not lawfull for him to demeane himselfe as Emperour and be called by that title unlesse hee had by way of preamble been confirmed by him after his election and he appointed him a day to make his appearance at Rome to excuse himselfe and make satisfaction for his faults upon condition that in the meane time he leave off the name and administration of Emperour And upon his refusall to doe thus hee thundered out his excommunications against him Whereupon say the same Chronicles Lewes did appeale from him And that which followes is worth the noting The processe of the See of Rome had at that time a great deale of force for it was a crime inexpiable to be of a different opinion from the Pope But Lewes had some Doctors in both lawes which held the Popes sentence to bee invalid which opinion of the Doctors was a cause that many stood firme to the Emperours party 2 The States of Germany assembled at Francford the yeare 1338 went yet further for they cassed the sentence of the Pope and of his conventicle held at Avinion By the councell and advice of all the Prelates and Princes of Germany met together in the City of Francford we declare and ordaine that all such proceedings are of no power force nor efficacy But of this we have spoken sufficiently in the first Chapter of our first Booke 3 In the yeare 1328 saith a German Monke Pope Iohn in full Consistory condemned the letter of the generall Chapter of the Friars Minorites holden at Peruse whereupon Michael de Cesano Generall of the Order for that yeare made an appeale against the Pope affirming that the Popes determination touching the poverty of CHRIST IESVS was hereticall 4 In the yeare 1460 Sigismund Duke of Austria pleaded an Appeale from Pope Pius the second to a Generall Councell in these termes Considering then that his Holinesse hath bereft us of all hopes of possibility of obtaining justice at his handâ— by reason whereof we cannot appeale to the Pope better informedâ— seeing that his eares are growne deafe towards us and his indignation is inflamed after his desire Wee appeale unto the Pope which shall succeed him to judge of his predecessors actions and to the Generall Councell which shall bee assembled The cause of this appeale grew from Pope Pius his excommunicating of Sigismond and the ground of the excommunication was because that Sigismond had kept backe Cardinall Cusan from the Bishoprique of Brixen which was within his dominions being highly offended that it was given unto him in commendam by the Pope And because the act of this appeale was drawne by Haymbâ—urgâ— a learned Lawyer in his time and that he had made it be sixt upon the gates of the Church of Florence the Pope fell a quarrelling with him too thundering out another excommunication at his head of which as also of the former he makes mention in one of his Epistles But our Doctor was so little amused with it that hee put up another appeale in his owne name from the Pope to a â—uture Councell which he set out with many prettie reasons the copie whereof we may reade to this day 5 We have oft releeved our selves in France against the abuses and usurpations of Popes by this course Innocent the third caused this Kingdome to bee interdicted by his Legat which was come hither and that because of the marriage which Philippus Augustus had contracted with Iâ—geberge sister to Cam the King of Dalmatia But the King saith Iohn le Maire armed himselfe with an appeal to a future Councell Howbeit it is recorâ—ed by another author that the appeal was put in by the Kings Agents froâ— the Legat to the See of Rome but they may be both true For the appeal might bâ—e first made from the Legat to the Pope and because that appeal was not admitted then from the Pope to the Councell And I beleeve it was so considering that we read at this day the Decretall Epistle of Innocent which he sent to Philip where he maintaines that his Legats ought not to admit of the Appeal seeing saith he an Appeal cannot be made from a Minister and that his Legat had done nothing of his owne proper motion but by command from him 6 So likewise Philip the Faire appealed from the usurpations and insolences of Boniface the eight to the See Apostolique then vacant as he said and to a fuâ—ure Councell saith Platina in his life This likewise was the meanes which M. â—ohn de Nanterie the Kings Atturney Generall used against the Bulls of Cardinall de Balice appealing from them to the Pope better inform'd or unto those to whom the Appeal did of right appertaine These are the very words as they are in the Collection of the liberties of the Gallicane Church 7 The famous Vniversitie of Paris perceiving the eager pursuit which Pope Pius the second made by his Legat sent into France to Lewes the eleventh to get him to cancel the Pragmatique Sanction appealed from all the Popes attempts to a â—uture Councell saith the same Iohn le Maire and Robert Gaguin who lived at that time And the same King Lewes in the yeare 1463 to secure himselfe from the censures of the said Pope with the advice of his Parliament caused an Appeal to be put in by his Atturney Generall from the said Pope to â— future Councel and ordained by an arrest that the Cardinal of Constance should be punishedâ— because he had resisted the authorities and rights of the King saith Mr. Iohn de Tâ—llet 8 The same Vniversitie put in an
of Iulian the Apostat whose name thou hast borne for a long time Conveniunt rebus nomina and unfold and display the Apostolicall keyes and the three crownes in the field sleep in the watch-tower God knowes how bravely hee made the crosses crosiers and mitres to clash and flourish in the campe The divell himselfe durst not have come there For benedictions and plenary indulgences à poena culpa marched so thicke as nothing more And to prove this true in the moneth of August last past when I complained to one of the late Pope Leo's Chamberlaines of the inconstancy or rather disloyalty and treason of Pope Leo the tenth who against his faith and promise so solemnly sworne at the Parliament of Boloyne to the most Christian King Francis of France had declared himselfe the Kings enemy wondring with my self at the litle fidelity and loyalty of the moderne Popes more especially of the two last Iulius the Genoois and Leo the Florentine considering that in former times the Popes would have chosen to suffer death rather than breake their promise he swore and protested unto me that when Ferdinand King of Aragon came out of his countrey of Spaine into the City of Savoy the same Pope Iulius had sent him an absolution from the treason which was then hatched and plotted to cozen King Lewes of France He speaks more of this point than I was aware of for he joynes Leo the tenth with Iulius And if I were not afraid to be cenâ—ured that I went about to expose the personall vices of this Leo contrary to my protestation I could here represent him all loaden with vices and crimes It shall suffice me to referre the reader to those that have spoken of his life and amongst others to Langius a German Monke 27 See here then the two authors of this Councell of Lateran which is now opposed against the first and second of Pisa those of Constance Basil Siena and Lausanne and against our Pragmatique Sanction The former called it and the latter continued it The former triumphs victoriously over the Councell of Pisa and the latter over the Pragmatique Sanction and together with it over the Councels of Basil and Constance if wee may beleeve them in this point and let them alone here Wee may then affirme that this Councell of Pisa was lawfully called and upon just and necessary causes and on the other side that this of Lateran ought to bee reputed schismaticall and illegitimate being it was assembled by a Pope doubly perjured and contumacious onely to serve his owne passion to decline a reformation and live in disorder to make a mocke of that laudable designe of the Princes and Clergy who dreamed of the good of Christendome But the French are unworthy the honour of their nattion if they do not for ever detest and abhorre this pretended Councell which did so much mischief and trouble to that great Prince Lewes the twelfth which did anathematize him and interdict his kingdome which raised up armies on all sides to assassinate him which made the fields blush with bloud which caused the townes and kingdomes that did him homage to be invaded which pronounced a nullity and flaw against that which was ordained and decreed at the Councell of Pisa by the most famous Prelates and Vniversities of this Realme 28 Signauter dico which did interdict both the King and Kingdome for it is not Iulius alone but all his Councell In the third Session whereof was that thundering Bull of his made which remaines there yet all entire Out of which I have collected this piece With the approbation of the sacred Councell we condemne reject detest and declare to be void invalid and of no effect all the acts facts gests and writings published and ordained by the children of damnation Bernardin Caravaial William Brizonnet Renald de Pria and Frederic de Saint Severin heretofore Cardinals together with their favourers abettours and complices Schismatiques and Heretiques who endeavour to breake the union of the holy mother Church by the Conventicles of Pisa Milan and Lyons We doe likewise with approbation of the same Councell which hath full cognizance thereof renew our letters whereby wee have interdicted the Kingdome of France because of the approving favours assistance and adherence of the said King of France and other Prelates Officers Nobles and Barons of that Realme unto those schismatiques and heretiques for the keeping and continuing of that damned and reprobate Conventicle of Pisa. And we submit unto this interdict the said Kingdome with all the townes territories cities and other places whatsoever 29 I am not ignorant that after this Pope was dead the same King Lewes who had approved the Councell of Pisa by his letters patents of the 16. of Iune 1512 verified in Parliament came afterwards to dissolve and renounce it that he might joyne with that of Lateran which had changed the master and that because of the good affection which Leo the tenthâ— the successor of Iulius shewed towards him I know likewise that the Concordat betwixt the same Leo and King Francis was afterwards made which is recorded in the eleventh Session of that Councell and that afterwards in the same Session the abrogation of the Pragmatique Sanction and the Councell of Basil for as much as concernes the power of a Councell over the Pope was concluded But I answer that this Councell of Lateran was then but a meere Conventicle considering it had in all but sixteene Cardinals and what Patriarchs what the Popes assistants oâ— Orators but eleven with fifty three Bishops one Abbat and foure Generals Of which it was said by the Vniversity of Paris in the Act of Appeale put up by them That it was not assembled in the name of the holy Ghost This we urge of purpose against Bellarmine who holds that the Councell of Constance was not Oecumenicall for what concerns the Decrees of the fourth and fifth Sessions though there were to the number of two hundred Fathers because some schismaticall Bishops were absent Besides it is certaine that the abrogation of the Pragmatique and the Councell of Basil as touching the power of Councels over the Pope was never approved in France no more than in other places and this was it was disputed at the time of the Concordat and which they would never yeeld to 30 For proofe hereof there needs no more but the reading of the opinions of certaine Bishops in that Councel which are set downe in the eleventh Session then when that point was canvassed After the reading thereof say the Acts their fatherhoods were asked whether this Concordat pleased them They said all plainly that it pleased themâ— except the reverend Father Domenic Bishop of Lucerin who said the things contained in the Bull pleased him alwaies provided that the French accepted the other Bull containing the repeale of the Pragmatique Sanction Two other Bishops were of the same opinion but all the rest went along
three Bishops to Rome to assist at the Synod which shall bee holden there Which cannot bee referred to a Generall Councell And for the rest no body denyes but the Pope hath the same power in respect of the Churches which depend upon him which the other Patriarches and Metropolitans have 11 But let us grant what they say of him There is nothing got by it it is a domestique testimony and of one that is himselfe a party Hee that hath at other times disputed the presidence of Councels is now in question himselfe in his owne cause and his successours Besides wee have spoken sufficiently elsewhere of the approbations and subscriptions of the Acts of Councels which were desired at the Popes hands that they desired as much of other Bishops to mantaine the union and intelligence of the Church from whence no advantage will accrue to the Pope and yetâ— for all the Councel of Lateran makes this a strong ground as neither from that which the Councell of Constance did which our Lateran Fathers have put in the list too thereby tacitly approving it Of whom I demand lastly Why then do they not observe its decrees touching the power of a Councell seeing they can finde no flaw in them They take at nothing but the Councel of Basil and this poore Pragmatique and that by reason of the sawcinesse of them as they intimate unto us by those words Which was likewise observed by the Fathers of Constance which laudable custome if those of Bourges and Basil had observed without doubt we should never have all this adoe This for the point of approbation which Councels required at the hands of Popes Let us then leave our Bourgeois and Basilians there and confesse they were to blame to exempt the Pope from trouble But what had the Councel of Constance to doe with it that the Decrees thereof must be abrogated for this Besides is it not a fine argument to conclude that the Pope is above a Councel because that of Constance demanded the approbation of their Decrees at his hands whereas by the same Decrees they make the Pope inferiour 12 See here all their reasons saving that they urge the abrogation of our Pragmatique made by Lewes the eleventh and consequently of the Councell of Basil. To which wee cannot answer but to the shame of Pius the second who having wrought wonders against the Popes at the Councell of Basil having even writ the history of all that passed there with exceeding approbation thereof when hee came to be Pope urged King Lewes with the performance of a promise which he had extorted from him when hee was Dolphin of repealing that pragmatique as soone as he should come to the Crowne and he never gave over solliciting of him by letters and Legats till hee had his desire So then the pragmatique was repeal'd by this Prince with the advice of a few but was set up againe presently after with the consent of many having perceived the prejudice done to France by him We must confirme all this by good witnesses 13 M. Iohn le Maire relates many things about this particular it is fit we heare him Forasmuch saith he as the Popes are not content that the pragmatique Sanction be in force although it bee founded upon the holy Canons and authorized by the Councell of Basil But it derogates from the insatiable covetousnesse of the Court of Rome and therefore they say it is a pure heresie Pope Pius the second imagined by all meanes to perswade and put it in King Lewes his head to abrogate and put all downe under colour as the Pope pretended that the said Lewes when he was then but Dolphin had promised the Pope that when hee came to the crowne he would abolish the said Pragmatique And to bring this about presently after the Kings coronation Pope Pius sent the Cardinall Monke D'Arras for his Legat into France The Legat being arrived in France put the King in minde of fulfilling his promise and the King being willing to condescend to the Popes desire at least making a show of so doing dispatched his letters patents in ample manner directing them to the Parliament of Paris and sent Cardinall Balue thither to have the Decree of the Lords of the Parliament thereupon But when the â—ase was discussed the auditory of the Court being present the Kings Atturney called Iohn de Rome a sharpe man of great eloquence and courage straight opposed himselfe against it boldly affirming and maintaining that a law so holy so redoubtable and of so great benefit to the kingdome ought not to be repealed In like manner the Vniversity of Paris joyned with the Kings Atturney and appealed from all the Popes attempts to a future Councell At which things Cardinall Balue a wary malicious and stout man was much offended and used big words but all this notwithstanding hee returned to the King againe without doing any thing And so our Pragmatique continues still in force save that the King did afterwards bestirre himselfe to cause his letters patents to be verified 14 Now that he made this repeale without counsell we prove from Pope Pius out of his letters gratulatory which he sent to him thereupon Meane while we commend that saith hee that you have determined to disanull this Pragmatique without the assembly or advice of many as the same Bishop hath given us to understand Certes you are wise and you bewray a great King to governe and not to be governed See here the good counsell of the Popeâ— but which did not thrive very well with him for this default made all be cancell'd Malum consilium consultori pâ—ssâ—mum Let 〈◊〉 heare yet his other elogyes concerning that repeale You were reserved till these times to restore her liberty to the Church of Rome by abolishing errours that is the Pragmatique And in another passage You doe what is meet knowing that the Pragmatique is godlesse you have resolved to abolish it out of your Kingdome The rest may be seene in the authour himselfe 15 But let us here observe the inconstancy of this Pius who saith in his Commentaries of the Councell of Basil that every one held the conclusion of the Bishop of Arles who presided there in admiration concerning the authority upon a Councel against the Pope as undertaken by the speciall favour of the Holy Ghost saith he In another place hee extols the integrity and devotion of those Fathers with exclamation matterâ— Now our Pragmatique is nothing else but the marrow and substance of the Councell of Basil yea but the very Decrees of it Now we demand of him Cur tam variè as our Practitioners speak Hee will give us King Francis his answer It is not for a King of France to revenge an injury done to a Duke of Orleance But rather it is for a Pope to defend the Popes cause That when he writ that as well as that which hee writ against the
Pope St. Gregory delivered Trajan from the paines of hell which are infinite by his prayersâ— therefore much more may hee deliver all those that are in Purgatory from their paines which are but finite by meanes of Indulgences Alexander of Hales one of the prime Divines puts a little mysterie in it for he saith that Trajan being raised up againe by St. Gregorie's prayers did penance and was baptized And indeed there was good reason he should passe through this formalitie But let us returne to our plaintives 50 The Councell of Trent was likewise pressed about this reformation by King Charles the ninth and by the German nation as appeares by their demands which wee have set downe elsewhere to which it was reason that some regard should have beene had Some will tell me that so there was If that be so I am farre deceiv'd Let us see how then Desiring that the abuses which are crept into them by little and little and by occasion whereof the worthie name of Indulgences is abused by heretiques may be corrected and amended the Councell doth by this present Decree ordaine in generall that all wicked gaines for the purchasing of them whence the main cause of these abuses amongst Christian people first sprang be utterly abolished But for the rest which proceeded from ignorance superstition irreverence or other occasion whatsoever seeing they cannot conveniently bee prohibited in particular by reason of the divers corruptions of the places and provinces where they are committed the Synod commands all Bishops that every one of them diligently observe the abuses of his Church and give notice of them at the first Provinciall Synod to the end that being knowne by the other Bishops also they may forthwith be presented to the Pope by whose authoritie and wisedome that shall be ordained which is expedient for the Church universall 51 See here processe is made against those under-rogues of Wallet-bearers and beggars which undertooke to sell these false spices in behalfe of the Bishops and other inferiour Officers But for the Pope his authoritie is preserv'd safe and sound as well in this as in all the rest His penitentiary taxe iâ— neither dead nor sicke for all this for they abolished onely all wicked gaines which arise from them Who dare bee so bold as to referre that to the Pope He should be damned for it a thousand times for want of Indulgences Iudge what reformation they will make of this matter which are the authours of this disorder which reape profit by it which build their greatnesse upon itâ— and who by that meanes make themselves omnipotent over weake and fearefull soules CHAP. II. Of Fraternities 1 ANd forasmuch as these large Indulgences whereof wee have spoke are most commonly granted to Fraternities as appeares by the Buls of them which have beene produced it is good reason we speake a word of them too King Charles the ninth in his demands required a reformation of the abuses of such Fraternities The Councell found nothing to be corrected in them but tacitly confirm'd them by ordaining that the administratours of them shall give account of their administration every yeare unto the Ordinary They were wary enough not to touch upon that point seeing it directly concernes the Popes authority By meanes of these indulgences and the superstition which hee useth in them he gaines millions of men unto himselfe who devote themselves so much unto him for the especiall favour which they suppose they receive by meanes of these indulgences that they doe not acknowledge any other superiour 2 Former times have instructed us that leagues and monopolies and conspiracies against the State have beene hatched in such Fraternities as these and that disorders and other unlawfull things have beene committed among them They have beene prohibited in all well policied Kingdomes and Common-wealths and particularly in our France where wee must observe that as they have beene instruments of trouble and dissolutenesse so they have beene judged hurtfull to peace and concord And for that reason they are condemned by the Edicts and Declarations of our Kings as the mothers or at least the companions of conspiracies for they are so joyned together by the same Ordinances as in that of Henry the third of September 1577. And all leagues associations and fraternities made or to be made under any pretence whatsoever to the prejudice of this our Edict shall bee utterly void and of no effect And in that of the same Prince given the 20 of December in the same yeare Wee expresly forbid all our said subjects of what qualitie soever they be to begin make or prosecute any league association or fraternitie amongst themselves to the prejudice of our said Edict of pacification The 44 Article of the conference of Flex saith in expresse termes All the foresaid to wit Provosts Maiors Consuls Sherifes of townes c. mentioned in the former Article and other Subjects whatsoever of this Realme of what condition soever shall depart from and renounce all leagues associâ—tionsâ— fraternities and intelligences as well within the Realme as without 3 Durant Bishop of Mâ—nde in the reformation which he presented to the Councell of Vienna holden in the yeare 1311. perswaded the abolition of these fraternities for two reasons for their dissolutenesse and â—or conspiracie against their superiours It would bee also usefull saith hee that fraternities wherein both Clergy and Lay doe nothing but sowle themselves with delicates live in dissolutenesse and drunkennesse and busie themselves in divers plots against their superioâ—rs were abolished There is at this day one in request in this Kingdome which we may and must beleeve to be both seditious and hereticall to wit that of the Recommendati to the blessed Virgin Mary otherwise called Confalonesi at Rome and in France The Order or Fraternity of the Chaplet the Order of Penitents the Order of Battu's all these are but one thing There are some poore innocents that enroll themselves among them thinking to find the salvation of their soules there and to enjoy the virtue of so many goodly indulgences Some of them pride themselves in going in a masque as it were and walking about the towne in a white or black or gray garment or of some other colour some with their white sandals and their sweet-meats in their pockets to throw at a sweet-heart as they passe along after they have cast many a pitifull amorous glance at her Another with a whip in his hand full set with prickes lancing himselfe and drawing bloud of his back who goes from street to street and Church to Church begging for mercie serving for a spectacle and an offence to all those that behold these antiques But the most part of them are Statesmen fine cunning delighting in troubles and enemiâ—s of peace Which make use of such assemblies to cast their plots to build their designes and to put them in execution 4 This Order was cried downe in the Citie of Paris by the late
are forbidden to grant Bishopriques after Canonicall election For wee read that some Popes of good fame have become intercessours to Kings for those who had been elected unto Churches to get them to give them the Bishopriques and that others have deferred the consecration because they had not yet received the Princes consent I would have set downe the examples hereof were it not that I desire to avoid prolixitie in my letter So Pope Vrban as we understand excludes Kings only from the corporall investiture but not from the election for asmuch as they are heads of the people or of the grant although the eight Synod forbids them onely to assist at the election but not at the deliverie which whether it bee done by the hand or by seale or by word of mouth or by the rod what matters it Seeing Kings doe not pretend to conferre any thing that is spirituall in it but only to consent unto the will of those that require them or to grant unto them Ecclesiasticall possessions and other externall goods which Churches hold by the liberalitie of Kings As for the Sacrament of which he hath spoken now twice there was no question of that seeing that by former Councels the investiture was granted to Emperors and the consecration to Bishops 24 What can be alleadged more in defence of these later Councels If any man will say that the Emperour Henry was justly deprived of this right because he had violated the holy See and had put Pope Paschal in prison Wee will give two or three very pat answers to this objection One that hee did no more but repell the injury which was done unto himselfe For even in the Church and while he received the Eucharist from the Popes hands hee was like to have beene traiterously killed Heare what the German Chronicles say of it While the Emperour received the Sacrament from the Popes hands behold one of the principall of the Clergy who was offended with that purpose which the Emperour had put on that he would maintaine the constitutions of his Predecessors stirred up a sedition and tumult in the temple beat off the guard of the Emperours body and went about to seaze upon him who with much adoe saved himselfe repelling the force with his owne hands And speaking of the same Emperour hee afterwards addes Hee got him presently into the Citie killed a great multitude of citizens and Clergy-men tooke the Pope prisoner Elsewhere the Pope and Emperour were very good friends by meanes of the agreement made betwixt them of which wee have spoken already yea in such sort that the Pope sealed it by delivering the body of Christ unto the Emperour By giving unto him saith Sigebert the body and bloud of our Lord Iesus Christ in the celebration of the masse Wee give you this body said hee O Emperour in confirmation of the true peace betwixt me you And for a third answer his personal and particular fault could not prejudice the Empire and his Successours But we have said enough of this point It only remaines that some that can well manage it enter upon this inheritance There will want no right if hee want no forces CHAP. X. Of elections nominations and Investitures belonging to other Kings and Princes 1 WE come now to other Princedomes reserving France to bee spoken of in the last place The twelfth Councel of Toledo grants election of Bishops to the King of Spaine which our Popes have registred in their books It was decreed by all the Bishops of Spaine and Gallicia that without any prejudice to the priviledges of every particular Province it shall be lawful hereafter for the Bishop of Toledo to receive and consecrate all such Bishops as the Royall power shall elect and that every such Bishop shall bee approved by his judgement Which as Lancelot Conrad witnesseth is observed and kept even at this day 2 As for the Kings of England though they have often quarrelled with the Popes and the Clergy of the Kingdome about this point yet so it is that from age to age we alwaies finde them possessed of this right For to goe no higher about the yeare one thousand King Etheldred created one Robert Aâ—chbiâ—shop of London and one Edmund Bishop of Luiddifarne otherwise called Holyland at the entreaty of the Monks of that Bishoprique King Edward made one Robert first Bishop of London c. and afterwards Archbishop of Canterbury whose successour he made one William He gave also the Bishoprique of Shyrburne to one Herman In the year one thousand one hundundred seventie King William the first of that name bestowed the Archbishoprique of Yorke upon a Canon called Thomas In the yeare one thousand seventie eight hee bestowed three Bishopriques upon three of his Chaplaines and many others upon divers Ecclesiastiques 3 In the year one thousand ninety two King William the second bestowed the Bishoprique of Lincolne upon Robert Blunt his Chancelour he bestowed also that of Worcester upon a Canon called Sampson One of the two bestowed also the Bishoprique of Silchester upon Lanfranke 4 The yeare one thousand one hundred and one King Henrie the first bestowed the Bishoprique of Hereford upon Kemelin and gave him the investiture of it The same King gave the bishoprique of Winchester to a Canon called Thuilphus and afterwards to the Chaplaine of Queene Adalida 5 The yeare one thousand one hundred and two Anselme Archbishop of Canterburie would have made the Councell of Lateran to bee received in England holden against Henrie the fifth about the point of Investitures And in obedience thereto he made a difficultie of consecrating certaine Bishops who had beene invested by Henrie the first who was much incensed against him upon that occasion And forasmuch saith Matthew Westminster as hee would not consecrate certaine Bishops who had been instituted by the King obeying his pleasure nor so much as communicate with them the King was thereupon moved with choler against him 6 The yeare one thousand one hundred and seven there was a Councell holden at London where it was ordained That from thence forward no man should be invested in England by the King or any other Lay man into any Bishoprique or Abbey by the donation of the Pastorall staffe or ring alwayes reserving the homage due to the King But Henrie the first did not forbeare to use his right for all that which this Councell could not take from him And indeed in the yeare one thousand one hundred and nine he erected the Abbey of Ely into an Episcopall See and caused one Herveus to be ordained over it and having assembled divers Bishops at London in the same yeare hee made them consecrate one Thomas who had beene chosen Bishop of Yorke In the yeare one thousand one hundred and thirteen The same King Henry bestowed the Archbishoprique of Canterburie upon Richard Bishop of London and invested him in it by giving him the crosier
whereat the said Archbishop was highly offended in so much that he with other Bishops at the Synod of Estampes were upon the point of revoking the said consecration made by the Pope as prejudiciall to the authoritie Royal. See here what the same Bishop saith of it in a letter to Pope Vrban Moreover I give your Holinesse to wit that the Archbishop of Sens being infatuated by the counsell of the Bishop of Paris having summoned the said Bishop of Paris and two others of the same humor to wit he of Meaux and he of Troyes did very indiscreetly accuse me this present year because of the consecration which I had received from you saying that I had offended against the Kings Majesty by attempting to receive my consecration from the See Apostolique We have heard before what this same Bishop said of Investitures speaking of the King of France 26 We may now conclude that elections nominations and approbations in point of benefices have alwaies belonged unto our Kings and have beene at their free disposall By their last ordinances they have beene pleas'd as well to disburthen themselves of that charge as also to prevent the enterprises of the Popes to decree that elective dignities should bee conferr'd by elections and benefices which were not elective by the collations and presentations of the Collators and Patrons And this according to the Councell of Basilâ— which hath tied the Popes hands in this respect and the Pragmatique Sanctions of St. Lewes and Charles the seventh Yet this was still with two conditions one that the Kings Congé d'elire should bee requir'd by way of preamble at least in respect of Bishopriques and Abbeyes otherwise the election should be accounted a nullitie Which is verified by the letters of our Kings as farre as King Lewes the eleventh containing the said licence which may yet be found in the treasurie of Chartres in a great box quoted xxv Which right was declared to belong to King Philip the Faire when the question was about Saint Maglairs Abbey as some report 27 The other that the said Prelates before they could be called such should be bound to take the oath of allegiance according to the ancient custome as it was determin'd by the Arrests of the Parliament of Paris against the Archbishop of Anx and the Bishop of Mantes Which was observed in the time of Philip the first according to the testimonie of the Bishop of Chartres who in his epistles addressed to Pope Paschal speaking of the Archbishop of Rhemes who had beene depriv'd of his dignitie and for whose reestablishment the said Bishop had interceded to the Kings Councell The Princes Court saith he inclining to the contrary we could not obtaine an entire peace unlesse the said Metropolitan would make unto the King such an oath of allegiance as other Archbishops of Rhemes together with all the rest of the Bishops of this Realme of France how holy and religious soever they were made to the Kings his predecessors Divers authors beare witnesse of this oath of allegiance made by Bishops to their kings and princes both in England and France and other places some of them set downe the very forme 28 Since this time our kings have beene compell'd to divide their rights with the Popes to give them content and be at peace with them by taking away elections and reserving unto themselves in stead thereof the nominations and allowing unto Popes the confirmations By the ordinance of Orleans King Charles would have taken the Clergie and people in to his share by decreeing that when Bishopriques fell void the Archbishop and Bishops of the Province and the Canons of the Cathedral Church should meet togther with twelve gentlemen chosen by the Nobilitie of the Dioces twelve Bâ—rgesses chosen in the Guildhal of the Archiepiscopal or Episcopal Citie to make he a nomination of three persons of which the King should chuse one whom he pleased to name Which notwithstanding we never yet saw observed 29 Wee will say for conclusion that it is no small advantage to the Pope to have the confirmation of the Bishops of France which was granted him by the Concordat but it will bee farre greater yet if he keepe that authoritie which is given him by this Councel For by it hee will quickly bring all these Concordats to nothing and wil resume the extravagancies of his predecessors who had got all the elections and collations of the Bishopriques and benefices of this Kingdome into their Churches to the utter ruine and destruction of it draining the Realme of moneyes and filling it with strangers and bringing it to an extreame miserie as we say else where 30 We shall only here observe the particular interest of Kings and Princes for as much as concernes their power and authoritie whereof they ought to be very jealous if they marke it There is nothing which fortifies it so much as that right which they have to chuse and elect Churchmen nor which weakneth it so much as when the Pope hath an hand in it either in whole or in part Ivo Pishop of Chartres although hee had received his Investiture from Philip the first yet in asmuch as he had got his confirmation from Pope Vrban he was alwaies affectionate to him and the See Apostolique even to the prejudice of the King and Kingdome to whom he did sometimes very ill offices as wee collect from some of his epistles On the contrarie because Lupus had got the Abbey of Saint Peter de Ferriers in the Dioces of Sens by the donation of Charles the Bald he was alwaies loyall and he even brags of it in one of his Epistles 31 An English Historian though hee bee a Monke yet hee knew well how to set out this interest of Princes For speaking of the consecration of certaine Bishops of England made by Innocent the fourth when he was at Lions hee saith They were consecrated by the Pope not without great damage and danger to the Realme of England For the Pope having so ingaged the Bishops unto him they found themselves more obliged unto him and despising the King they were more inclined to doe mischiefe to the Kingdome 32 The Bishop of Chartres continuing his devotion to Pope Vrban gave him notice of this point upon the election of an Archbishop of Rhemes who he assured the Pope was very zealous for the See Apostolique adding afterwards Now how necessarie it is for the Church of Rome to place in that See a minister which is devout and affectionate unto her it is not for me to informe your wisedome which knowes very well that this See weares the Royall Diademe and serves for a patterne almost to all other Churches of France either of ruine or Resurrection 33 Not without cause did Pope Nicholas the first stomach at Lotharius because he would not suffer any Bishop to bee chosen in his Kingdome unlesse hee were faithfull and well inclined to
him King William the first of England in the beginning of his reigne which was about the yeare 1070 knowing this very well deposed some part of the Bishops and Abbats from their dignities and Prelacies and put others in their places whose fidelitie was known unto him 34 Another Monke and English Historian saith the Popes upon this occasion invented another way to oblige such Prelats unto them as held their dignities from Kings and Princes Which was by making them renounce them and resigne them into their hands as faultie and nullities and taking them with one hand they gave them againe with the other Ivo toucheth upon this tricke in his epistles For amongst other reasons to prove that investiture is no heresie hee puts this If Investiture were an heresie hee that renounceth it could not be restor'd without blemish to himselfe Now wee see many honest men both in Germany and Franceâ— give up their Pastorall staffes to wash away that staine by some shew of satisfaction and resume those Investitures which they had renounced from the Apostolique hand So did Thomas the Archbishop of Canterburie who put Henry the second King of England to so much trouble For being at the Councel of Tours Hee secretlie resigned that Archbishoprique into the Popes hands which he had received from the Kings hand and it was afterwards restor'd him againe at the same instant from the Popes hand It was Alexander the third who held this Councell at Tours in the year 1163. A REVIEW OF THE COVNCELL OF TRENT BOOKE VI. CHAP. I. Of things attributed to the Pope by this Councell in matter of justice And first of criminall causes of Bishops 1 WEE will treat in this Booke of Iustice and Iurisdiction and wil make it clearly appear that this Councel hath as far as it was able robb'd Kings Princes and other Clergie men of them to bestow them upon the Pope It is a most true Maxime that all Iurisdictions do spring from secular Princes that the source and fountaine of them is hereditarie to them whence the rivulets are derived upon their officers and upon Ecclesiasticall persons and others whom they thinke good Clergie men from the greatest to the least have no coactive jurisdictions but such as spring from thence Kings and Emperours have parted with it and have honoured them with it but in such sort as some of them both did and doe abuse it daily They are come so farre as to contest with their officers to attempt against them to make laws for extending the traine of their robes further yea even to subdue unto themselves those from whom they received that power and by a most unsufferable ingratitude to declare and pretend them subject to their jurisdiction All this is proved by us elsewhere Wee will onely say here that this Councell â—â—â—h gone about as it were to lay at the Popes feet all the spoiles and conquests which all other Bishops have got from those victories obtained by them â—t divers times over the temporall Iurisdiction and over those to whom it belongs and to paire also that which is left unto them making it almonst unserviceable and invalid at least for as much as concernes the Pope and his Clergie whom it totally exempts from their Iurisdiction 2 We shall make it appeare plainly that this Councell hath dealt very liberally with the Pope in this respect and that it hath strain'd it selfe to confirme his usurpations yea even to augment them without sparing any thing First of all it attributes to the Pope the cognizance and judgement of all criminall causes of Bishops except pettie ones That the Pope onely have the cognizance and decision of all criminall causes which are more hainoâ—s objected against Bishops and even of heresie which God forbid But if the cause be such as it must necessarily be tried out of the Court of Rome let it not bee committed to any persons excepting such Metropolitans or Bishops as the Pope shall chuse That this commission be in speciall and sealed with the Popes hand and that hee never give them any greater power but onely to receive the bare instruction for matter of fact and to make the processe which they shall forthwith send to the Pope the definitive sentence being alwayes reserv'd unto the Pope 3 In another decree it is ordained That the causes of Bishops when by reason of the quality of the crime which is objected unto them they ought to make appearance be brought before our holy Father the Pope and be determined by him It is also decreed against Bishops that keepe concubines That if they doe not abstaine from that crime after they have beene admonished by the Provinciall Councell they shall bee complained of to the Pope by the same Councell who shall punish them according to the quality of their offence even by deprivation if need require So that a Provinciall Councell hath no power to condemne a Bishop for criminall matters save onely for Peccadillo's such as we may say for playing at ball for getting up late in a morning and such like things 4 Now wee say on the contrarie that the cognizance of such crimes belongs to Emperors and Kings That they themselves ofttimes have proceeded to judgement That they have assembled Councels for that end and have assisted and presided there That sometimes they have committed the same judgement to the said Councels or their Iudges That Popes themselves have become petitioners unto them yea plaintives before them and which is more have themselves beene judged by them 5 The Bishops of the Nicenâ— Councel acknowledge Constantine for their Iudge when they presented their Libels unto him wherein they accused one another hee blush'd at that in their behalfe and would have covered their shame by suppressing such Investitures using this honest shiâ—t to them that they could not be judged by any man In which the Pope alone tooke him at his word although hee were absent and hath made good use of it afterwards Now that Constantine said this by way of complement and to suppresse those dishonorable quarrels appears from hence that upon other occasions hee either tooke the judgement upon himselfe in the causes of Bishops or committed it to his Officers Hee made the Bishops of the Synod of Tyre to come unto him to render a reason of their â—act in the condemnation of Athanasius And after hee had heard them confirmed their sentence being moved so to doe by the testimony of false witnesses which were subborn'd and sent Athanasius unto banishments into Tryer a citie in Gallia Belgica 6 The same Emperour after hee had twice ordain'd Ecclesiasticall judges to determine the cause of Cecilianus an Orthodox Bishop at last he himselfe tooke it into his cognizance and gave the finall sentence So say the Clergy of Hippo in Africa in that epistle which St. Augustine made upon the same occasion and sent to Ianuarius Being so stricken in age as you
falsly usurped the name of Pastour the authour of the conspiracie made against me At last hee was condemn'd to banishment and afterwards recalled and restor'd to his citie and Bishoprique by the King himselfe Chilperic assembled another Synod to try the accusation of high treason objected against Gregory Bishop of Tours grounded upon this surmise that he would have delivered the Citie of Tours to King Guntrand where he was acquitted as not guilty and Leudastus his accusâ—r excommunicated Chilperic also upon an accusation brought by one Suâ—nigisilus against Giles Bishop of Rhemes as guiltie of a conspiracie against King Childebert caused him to be apprehended and carried to the Citie of Mentz where he assembled some Bishops who proceeding to judgement upon him deposed him from his Bishoprique and confined him to Strasbourg Didier Archbishop of Guien was deposed at a Provinciall Councell assembled by the same King at Chaalons in Burgundy 23 Childebert and â—untrand made certaine Bishops assembleâ— to proceed in judgement upon the Abbesse and her Religious of Poictiers Wee are met together say those Bishops by the command directed unto us by virtue of your power Bishop Adlabert was condemned of heresie by three and twentie Bishops at the Councell of Soissons with the consent of King Pepin and of the people and the Counsell of the greatest Peeres in France The like was done unto three Bishops accused of conspiracy against King Lewes the Piteous by the sentence of a Synod assembled to that end by his command So King Charles the Bald assembled some Bishops to condemne his sonne Carloman who was a Clergy man and his complices of the same profession 24 Sometimes our Kings proceeded to judgement by their owne sole authoritie without ever assembling the Clergy So Chartier Bishop of Perigord was accused before King Chilperic upon occasion of some letters writ against him and was acquitted because it could not be proved One Theodorus Bishop of Marseilles was also brought and accused before King Childebert but in conclusion absolved as not guiltie and accused after that together with another Bishop called Epiphanius that they had received into Marseilles Gundebaldus who said hee was the sonne of Lotharius who after they were heard examined and found not guiltie were notwithstanding kept in prison 25 We read notwithstanding that King Charles the Great called an assemblie of Bishops to heare Felix Bishop of Orgelle who was accused of heresie and being convinced he was sent to Rome to Pope Adrian before whom hee abjured his heresie and was sent backe to his Bishoprique But it may bee answered that this was not properly an accusation but only a dispute and that when the Bishops of France had heard and convinced him of errour they would doe Pope Adrian that honour as to send him to him that hee might have the hearing of him afterwards So his heresie was condemn'd yet after that at the Councell of Francfort as appears by the Acts of it 26 The Popes were anciently so stanch in this regard that they tooke not upon them upon their owne accord to judge of the crimes of other Bishops save onely such as were of their owne Diocese but suffer'd those to proceed upon them to whom of right it appertained So the Clergy of Valentia having accused Maximus their Bishop to Pope Boniface the first of many grievous and heinous crimes hee would not meddle in it but return'd the judgement to the Bishops of France They would not take the cognizance of them neither in the first place nor by appeall not even then when the Bishops of a Province were divided which yet was a faire pretence but in that case they were cal'd in judgement before the Metropolitan and other Bishops of the next Province according to the fourteenth Canon of the Councel of Antioch inserted in the Decret From which the Canon Hosius inserted in the same Decret doth no way derogate which speaks of civill controversies amongst Bishops and not of criminall causes as appears by the fourth Canon of the Councel of Sardis from whence it was taken In which case it was granted as an honour to Saint Peters chaire that if either of the two Bishops bee not content with the judgements given by some of their fellow Bishops that they shall write thereof to the Bishop of Rome to the intent that if hee thinke good they should proceed to judgement againe his advice may be followed and and that Iudges may bee assign'd unto them by him 27 But to returne to criminall matters Such processe was ancientlie used concerning them in this Kingdome as wee have said already That jurisdiction at this present is divided betwixt the Kings Officers and the Clergie of France The Iudges Royall have the cognizance of priviledged causes such as are high treasons tumults seditions ambushes bearing of armes assassinations and such like in respect of which they may proceed and pronounce against all kind of Clergy men yea even against Bishops and Archbishops As for other crimes which are called common such as are actions of trespasse battery concubinages murders forgeries and such like the official and other Ecclesiasticall Iudges have the cognizance of them If I should make these expositions in the Palace I should bee affraid that all the Proctours would cast their caps at mee to whom this is sufficiently knowne But considering the foundations of our practise are shaken and are like to bee cut up by the root it is requisit that I make this rehearsall and that I bring authorities for proofe of my assertion for feare I bee accus'd of ignorance in a matter which every one knowes 28 This distinction of crimes in the person of Clergy men is approved by the Ordinances of our Kings mention is made hereof in that of King Francis of the yeare 1540â— Article the eleventh made at Castle-Briant the year 1551. And that of Henry the third made at Paris the year 1580. Article the twentie one Come wee now to the practise of our Courts This distinction hath alwaies beene observed by all the Courts of France who have set downe the very forme which must be observed in such proceedings who have decree'd That the processe shall bee made and finished by the Iudge Royall upon a priviledg'd case before it bee remitted to the Ecclesiasticall Iudge notwithstanding the declinatory That for tryall of the case Royall it shall bee lawfull to proceed even unto torture inclusively That for the crime of Adulterie committed with notorious fornication a Bishop or other Clergy man is under the jurisdiction Royall As also for the accusation of forgerie by him committed That a Lay Iudge upon just cause may make the processe made by the Officiall upon a common offence be brought before him And notwithstanding the absolution from the common offence condemne the party accused upon the priviledged case And an infinite number of other rules which it would bee tedious to rehearse 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
manifest adulterie There are an infinite more Arrests of the Courts of Parliament of this Kingdome which testifie that they are in possession of the cognizance of this crime 27 Leo the tenth acknowledging that this right belongeth to the officers Royall of this Realmeâ— where hee decrees concerning the punishment of Clerks that keepe Concubines when he comes to speake of Lay men he doth no more but exhort them to abstaine from adultery and concubinage as things forbidden by God without passing any further The Ecclesiasticall Iudges have sometimes attempted to usurpe this jurisdiction over the Laitie in case of adulterie but the complaint which was made of it by Mr. Peter de Cugneres on the behalfe of the Iudges Royall which wee may read at this day extant put an end to that trouble And alwaies whensoever the Clergie attempted to meddle in such matters they have beene prohibited by the Parliaments upon appeals as from abuse which have beene put in against their decrees 28 So by an Arrest of Paris of the 28 of Iune 1534. It was determined that a married Lay man cannot be cited before an Ecclesiasticall Iudge for deflowring a Virgin There are two Arrests of that same Court called The Arrests of married whoremongers which are very remarkable one dated the 10 of Iuly 1366 the other the 5 of March 1388 whereby Bishops and Archdeacons are prohibited to cause Lay men to bee cited any more before their officials in case of adultery or fornication with other women than their owne wives There is also an Ordinance of King Saint Lewes the yeare 1254 for the banishment of common whores out of all cities and townes which hee will have to be done by his Iudges and Officers and their goods to bee seized by them 29 The like case is about seizure of goods it being a thing certain in France that such executions are prohibited and forbidden to Ecclesiasticall Iudges by an Ordinance of King Philip the third made in the yeare 1274 which forbids any Bishop to cause any such execution to bee made of the immoveable goods of any Clerke condemn'd in a personall action because the immoveable goods are out of his Episcopall jurisdiction According hereunto a certaine Bishop of Paris was declared not to be admitted into the Court in a pretendure which he made of the power of arresting certaine moneyes belonging to a Clerke inhabiting in certaine lands subject to the jurisdiction Royall and he was cast for attempting it by an Arrest of Paris the second of April 1334. And the reason hereof is that it is holden for a ruled case in our law that Bishops and other Ecclesiasticall Iudges have no territory or other right of temporall subjection as is proved by Mr. Giles le Maistre chiefe President of Paris by divers authorities And upon the same reason the cognizance of reall actions of debt and possessory is forbidden them When there is any necessitie of doing such or such like executions they must implore the aid of the secular arme which cannot be denyed them The Iudges Royall are enjoyn'd by the 24 Article of the Ordinance of Melune made 1580 to aid the Ecclesiasticall Iudges in the execution of their sentences when they implore tâ—e secular arme 30 Much lesse may they proceed by way of imprisonments or otherwise to the execution of their sentences Such Acts are left to the Secular power which they ought to implore But if in any criminall case they decree the Arrest of a mans bodie against those of their jurisdiction they cannot proceed to cause him to be attacht if he be out of their Court but must have recourse to the secular arme And to this purpose it was determin'd by an Arrest of Paris of the tenth of May 1535 That it was ill determin'd and absurdly proceeded by the Deane and Chapter of Mans who judged upon an accusation commenced against a Canon of the said Church that he should be kept prisoner in his Cloister 31 But one of the greatest wounds which the Kings authoritie and the Courts of Parliament can receive is that the power of appealing is taken away even almost in all actions For as for the Popes Bulls and Decrees wee have already prov'd that such appeales cannot bee put in hereafter in as much as he is made to be above a Councell above all Princes and Lords that have any soveraigne dominion in as much as the confirmation of all the Canons and Decrees of the Councell of Trent was left unto him the reformation also of all that concernes Ecclesiasticall manners and discipline and his authoritie in all things reserv'd As for the Bishopâ— and other Prelates of this Kingdome in all the before-mentioned cases it is said expressely that no appeale can be had from their sentences It is true that the Popes authoritie is reserv'd above all so as not onely the Kings inferiour Iudges are depriv'd of their ordinary jurisdiction but the Parliaments also of Appeals unto them as from abuse which have alwayes beene put in from the sentences of the Bishops yea even from the Canons and Decrees of the Provinciall Councels of France and the execution of the Popes Buls and Decrees 32 But there is yet more namely that appeales from abuse made unto the Parliaments in divers other cases is taken away as where it is decreed that no appeale shall bee made from such sentence of the Ordinaries whereby they shall depute a Vicar with an assignement of certaine portion of maintenance in any Cure or Benefice formerly without Cure Wherein there is a double grievance First that thâ— Iudges royall as Bailiffes Stewards and such like are deprived of that seizure which they are permitted otherwise to make of the revenewes of livings â—ine curâ both by the Ordinance of Charles the 6 Anno 1385 and by that of the States of Orleans holden under Charles the 9. Anno 1560 in the eight and twentie first Articles and after that by the Edict of Mâ—lune made by Henry the third in February 1580 Article the fifth upon occasion of the complaints of the Clergie of France and by another of the same Prince the tenth of September 1â—68 The other that our Parliaments are depriv'd of Appeales as from abuse which have alwaies beene used in this kingdome 33 Power is also given unto the Bishops to erect Colledges for the instruction of youth with the advice of two of the most ancient Prebends and to endow them with the advice of foure deputies two of the Chapter and two of the Clergie as also to order the revenewes of buildings and of hospitals tithes appropriated and belonging to lay men so as there can bee no appeale from what they shall determine in this respect Wherein there are divers good grounds of complaint First that the Councell undertakes to erect Colledges in France for the instruction of youth for that derogates from the Kings authoritie who hath provided for this point by the ninth
beside the Pope may be their Iudges alwaies provided that they judge according to the Bulls which are granted unto them and observe them CHAP. V. Of the Letters of grace or Pardons for criminall matters 1 HAving put the Pope above Councels above the Emperour above Princes and above all Clergie men whatsoever having given him the jurisdiction spirituall and temporall and in a word the power of life and death over al creatures as masters had anciently over their slaves it was very good reason to leave his mercie to the liberty of his conscience to grant life to such as he shall thinke good Hence it is that these good Fathers leave it to his discretion to grant Letters of grace and pardon to whom hee please for there is no restriction They give order indeed that criminals and offendors shall not cozen his Holinesse or at least that they reape no profit from their lying For they command the Bishop that shall take the cognizance of them or shall have passed the sentence of condemnation upon them to take speciall knowledge of the subreption or obreption of the Popes letters and of the knaverie that any shall use towards his Holinesse for feare lest they make not a good market for their offences and abate something of those rights which the Pope receives of them for the pardon He that purposely laid in wait for a man is more deeply taxed than he that killed another onely by chance and so of the rest This is the meaning of that Decree And to the intent that all may depend upon the Pope and it may be further lawfull for him to barter with the delinquent â—or the pardon of his offence in case hee will give a more reasonable price for it the cognizance and judgement of this false information is given unto the Bishop onely by commission from the Pope to whom consequently it will be ever lawfull to have recourse by way of Appeale or otherwise Wee will here set downe the Decree at large that the truth of our exposition may be better knowne 2 And for as much as it happens now and then that upon fained causes which yet seeme probable enough some extort such pardonâ— whereby the punishments inflicted upon them are either totally remitted or à bated seeing it is intolerable that a lye which displeaseth God so much should not onely bee unpunished it selfe but also procure pardon for another offence to the lyar therefore it determines and decrees as followes That the Bishop residing upon his Church may by himselfe as Delegate for the See Aposâ—olique take the cognizance even summarily of any subreption or obreption of pardon obtained by false petitions for the absolution from any publique crime or offence which he had taken into his inquisition or remission of the punishment whereunto the delinquent was by him condemnedâ— and the said pardon not admit after it shall appeare that it was procured either by false information or concealment of the truth 3 Our ancient Canons never yet spoke of such Graces they talk indeed of pardoning of sins as Priests but not of remission of crimes as Kings Princes And that which Innocent the third speaks of subreption oâ— obreption of the Popes letters holds onely in civill matters The glosse upon it which expresseth divers cases of subreption and obreption assignes none eâ—â—e The referenâ—â— made by Gratian to the constitution of the Emperours Theodoâ—â—aâ— and Valâ—â—tinian tends to another purpose as namely to shew that the Pope hath no intention to take away another mans right by his dispensations It is a thing never heard of in France before this present that Popes should intermeddle with granting of pardons The very faculties of the Legats sent heretofore into this kingdome make not any mention of it but onely of the remission of sinnes proceeding from crimes And though there should bee any such thing yet they are still curb'd in with this bridle To use it in such things as are not contrary derogatory nor prejudiciall to the rights and prerogatives of the King and Kingdome nor against the sacred Councels the lawes of the Vniversities the liberties of the Gallicane Church and the Ordinances royall 4 The Clergie of France doe not hold their Ecclesiasticall jurisdiction of the Pope but of the King alone howsoever the Iesuites teach the contrary When they doe not use it as they ought when they connive at the punishment of crimes whereof they have the cognizance the Courts of Parliament may interpose by meanes of an Appeale as from abuse especiâ—lly considering it is it that grants them jurisdiction over spirituals And if the question be of granting pardon to a Priest or other Ecclesiastique not onely in a priviledged case but also upon a common crime by him committed it belongs to the King onely to grant it not to the Pope nor the Bishop And so it hath beene alwaies accustomed to be done in France as our Practitioners both ancient and modern doe assure us 5 We goe yet further which is that the Pope cannot restore Clergy men to their former state so as to free them from the infamy which they have incurred nor lay men unlesse it be to receive them into Orders Offices and Ecclesiasticall acts and not otherwise As also that within this Realme he cannot pardon or remit the honorary amends adjudged by a lay man albeit the condemnation were passed by an Ecclesiasticall Iudge and that against a Clerke as making such honorary condemnation a part of the civill satisfaction These are two entire Chapters out of the Collection of the liberties of the Gallicane Church CHAP. VI. Of the Popes Canons and Decrees 1 THe Emperour Sigismond made a very remarkable demand to this Councell for as much as concerns the Popes Constitutions and Decrees It would not be amisse saith he that the multitude of humane Statutes and Decrees were lessened and many superfluous ones cut off and that the Prelates would conforme their constitutions to the obligation of the law of God Heare now the justice which these Fathers did him The holy Councell hath thought good to put secular Princes in mind of their duty trusting that they will not suffer their Officers or inferiour Magistrates to violate the immunity of the Church and Ecclesiasticall persons but that they together with the Princes themselves will yeeld due obâ—dience to the sacred Constitutions of Popes and Councels Wherefore it decrees and commands that the sacred Canons all Generall Councels together with other Apostolicall Ordinances made in favour of Ecclesiasticall persons and Ecclesiasticall liberty and against the violators thereof all which it â—enewes by this present Decree bee precisely observed by all men 2 See you here that which comprehendeth all the Canons Decretals Clementines Extravagants Bulls Taxes and all other Papall Constitutions and Ordinances of what kinde soever they bee even such as concerne temporall matters as the most of them do and which containe some
Vicechancelours Notaries Registers and Executours their servants and others which have any thing to doe in what sort or manner soever with capitall or criminall causes against Ecclesiasticall persons in banishing or arresting them passing or pronouncing sentence against them and putting them in execution even vnder pretence of any priviledges granted by the See Apostolique upon what causes and in whattenor and forme soever to Kings Dukes Princesâ— Republiques Monarchies Cities and other Potentates by what name and title soever they be called which we will not have to be usefull for them in any thing repealing them all from henceforth and declaring them to bee nullities See here all the Iudges Royall both superiour and inferiour utterly despoyled of the cognizance of criminall causes 8 The twelfth Article speaks on this sort Wee excommunicate all and every the Chancelours Vicechancelours Counsellours ordinariâ— and extraordinarie of all Kings and Princes the Presidents of Chanceries Counsels and Parliaments as also the Atturneyes generall of them and other Secular Princes thogh they be in dignitie Imperiall Royall Duâ—all or any other by what name soever it be called and other Iudges as well ordinarie as by delegation as also the Archbishops Bishops Abbats Commendatories Vicars and Officials who by themselves or by any other under pretence of Exemptions letters of grace or other Apostolicall letters doe summon before them our Auditours Commissaries and other Ecclesiasticall Iudges with the causes concerning benefices tithes and other spirituall matters or such as are annexed to them and hinder the course of them by any lay authoritie and interpose themselves to take cognizance of them in the qualitie of Iudges 9 This is not all for in the following Article hee goes yet further striking a heavie blow at the Ordinances of our Kings Those also which under pretence of their Office or at the instance of any man whatsoever draw before them to their bench Audience Chancerie Counsell or Parliament Ecclesiasticall persons Chapters Covents and Colledges of all Churches or cause them to bee brought in question before them or procure them directly or indirectly under what colour soever beyond the appointment of the Canon law Those also which ordaine and set forth Statutes Ordinances Constitutions Pragmatiques or other Decrees whatsoever in generall or in speciall for any cause or colour whatsoever even under pretence of Apostolicall letters not now in practise or repeâ—â—ed or of any custome or priviledge or any other manner whatsoever or that make use of them when they are made and ordained when by them the Ecclesiasticall libertie is abolished impaired depressed or restrained in any manner whatsoever or who do any prejudice to our lawes and those of our See directly or indirectly implicitely or explicitely 10 See yet another which followes after this Those likewise which doe any way hinder the Archbishops Bishops and other Prelats superiour and inferiour and all other ordinarie Ecclesiasticall Iudges in the exercise of their Ecclesiasticall jurisdiction against any person according as the Canons the sacred Constitutions of the Church the Decretals of generall Councels and principally that of Trent doe ordaine There is further in the same Bull some excommunications against those which appeal from the Popes sentence to Generall Councels Against those that hinder Clergy or Lay men from going to plead at Rome which is a remarkable thing Against Kings and Princes which make the fruits of Ecclesiasticall livings bee sequestred upon any occasion whatsoever which concernes the right of the Crowne Against those which impose any tenths subsidies or other taxes 11 All this is leveld against the rights of the King and the liberties of the Gallican Church I aske now seeing our Popes take upon them to excommunicate our Kings which make ordinances concerning such matters their Officers and Magistrates and all others which practise them whether they will make any conscience of putting forthwith such lawes and ordinances into their Index expurgatorius Let a man goe about to put all the distinctions which hee can devise to save our liberties upon this Councell will not it bee lawfull for the Pope when he shall please to derogate from them to come in with a non obstante Doth not hee in the fore-mentioned Bull repeall all the priviledges granted by the See Apostolique His successours shall not they have the same power that hee hath 12 The other piece which wee promiseâ— shall bee taken out of the privie Counsell which was holden at Rome almost at the same time when the former Bull was sent which was found in the Advocat Davids trunk where it is said That the successours of Hugh Capet to undoe the Church brought in that damnable errour which the French men call the Liberties of the Gallican Church which is nothing else but a refuge for the Waldenses Albigenses poore of Lyons Lutherans and Calvinists at this present And in another Article it is said That all Edicts made within the Kingdome of what standing soever if they bee repugnant to Councels shall be cassed repealed and disanull'd As much as to say al the Edicts concerning the rights of our Kings the good of the Kingdome and the liberties of the Gallican Church which are all abolished and brought to nothing by the Councel of Trent A REVIEW OF THE COVNCELL OF TRENT BOOKE VII CHAP. I. That the Councell of Trent tends to the depression and abasing of the authority of Christian Princes 1 THis redoubted greatnesse to which the Pope is exalted by this Councell doth diminish as much not onely the power of Councels and Clergie-men but also that of Christian Princes These are their spoiles their Scepters their Crownes their justice their soveraigne authoritie their honours and preheminences all this is violently pull'd from them and transferr'd upon another lord In the first place they are depriv'd outright of that power which they have over Ecclesiasticall things and persons due unto them both by divine and humane law The calling of Councels is taken from them the presidence in them the approbation and authorizing of the determinations made in them the nomination election or investiture to the Bishopriques within their Empires and Dominions justice civill and criminall upon the goods and persons and discipline Ecclesiasticall and many other such like things It tacitely approves yea in many things expressely the unmeasured power and dominion which the Popes have usurped upon Kingdomes and Empires upon the election and deposition of Kings and Princes and upon all that belongs unto their state It disanuls their lawes and ordinances and on the contrarie establisheth those of the Popes and condemns all those that have defended their rights All this is handled in the former bookes and it would be impertinent to use repetitions And therefore we send the reader backe thither We will here adde that which remaines to be spoke of that subject 2 They are further grieved inasmuch as the Councell takes upon it more than belongs unto it in point
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
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
the second table of the Decalogue which concernes our neighbour and not of the first also which concernes God and the Church Secular Princes have got the higher degree of power in the Church therby to fortifie Ecclesiasticall discipline that they may command with terrour what the Clergy cannot doe by their bare word and the heavenly Kingdome may bee advanced by the earthly According hereunto wee may affirme that the great schismes and divisions which have dismembred all the Church in these later daies have beene appeased and accorded especially by the authoritie of Kings and Princes 12 The Emperour Henry the third seeing the abuse which was at Rome by meanes of the creation of three Popes to wit Bennet the ninth Sylvester the third and Gregorie the sixth yea of a fourth too namely Gratian who had drawne over the rest by briberie presently made thitherwards and called a Councell and made them bee dismissed and another substituted in their stead by lawfull election Frederick the first to remove the schisme betwixt the two Popes Victor and Alexander the third By the counsell and advice of his Princes saith Radenicus resolved with himself to take care that neither the state of the Church nor the Common-wealth of the Empire should receive any damage thereby And hearing that both of them had beene elected consecrated Bishops and that the one had excommunicated the other he thought that this difference could not bee determined but by a Councell Hee therefore called one after the example of the ancient Emperors and summoned both the parties to it caused one to be condemned for not appearing to wit Alexander and the other to bee confirmed as lawfully elect As soone as the Emperor Sigismund was preferr'd to the Empire saith the German Chronicle he put on this resolution not to spare any paines for the pacifying of the Church which was then miserably rent with divers factions more like a most confused Chaos than a Congregation of faithfull men and Saints of God Hee sent certaine Ambassadours to the Popes and to the Bishops to compose the affaires of the Church and make an agreement betwixt the Popes Which hee did so well that notwithstanding the collusion which was between them and all the Legierdemaine the Councell of Constance was celebrated where all those Popes which were no lesse than three in number were deposed namely Iohn the 23 Gregory the 12 and Bennet the 13 and Martin the 5 was chosen in their place 13 The same Emperour together with other Christian Princes did oppose Eugenius the fourth about a translation of the Councell of Basil which hee would have made and they caused it to continue in such sort that hee himselfe was there deposed The Emperour Maximilian and King Lewes the twelfth proceeded to the convocation of the second Councell of Pisa to reforme such disorders as were in the Church seeing that Iulius the second made no reckoning of them The Emperour in his command saith among other things That the Pope and Cardinals not performing their dutie in this particular hee would not doe as they did for feare lest God should accuse him of negligence inasmuch â—s they behaving themselves negligently herein we saith he as Emperour Protectour and defender of the holy mother Church are bound forasmuch as lies in our power to relieve so great necessities King Lewes sent out a commandement of the like nature which beginnes thus Be it knowne unto all and every man present and to come that as our ancestours have alwaies beene not only favourers and assistants but also most vigilant champions most good and constant defenders of the Christian faith and the holy Roman Church in all matters of importance without sparing any paines or dangerâ— we following the steps of our predecessours considering what great profit generall Councels have brought to the Christian Common-wealth and what damage the Church Catholique hath received by the intermission of them and the grâ—at necessitie which there is at this present to assemble a Councel of the Church Catholique for the rooting out of heresies schismes and factions in divers parts of the world for the reformation of manners in the Church and punishment of crimes which are too notorious too lasting and incorrigible both in the head and members to establish the peace of Christians to discharge our selves of our dutie towards God Wee have deputed our well-beloved and trustie Mr. Iohn de Biragua Chancellour of our Exchequer for the Dutchie of Millain Balthasar Plat another of the Proctourâ— of our Exchequer to signifie and assemble a generall Councell in our name or together with our welbeloved brother Maximilian the most sacrâ—d Emperour c. 14 This is not the first time that our Kings have travailed aboâ—t the Convocation of Generall Councels Charles the sixth bestirr'd himselfe to remove the schisme which was betwixt Bennet the thirteenth and Boniface the ninth and to dispose all the Princes of Christendome for the same designe according to the testimonie of an English Historian Hee heard with patience saith he the Legats of either Pope but by the advice of his devines hee would not submit himselfe neither to the one nor the other Hee rather thought upon a meanes whereby hee might relieve the Church by removing out of her all matter of dissention Having therefore sent his Ambassadours to the Emperour whose authoritie faith and affection ought to surpasâ—e that of other men as also to the Kings of England Bohemia and Hungaria he conjured them not to bee wanting to the publique good and tranquillitie All men of any judgement doe well know that the peace of the Church must come out of this quarter This may bee done when it shall please the divine bountie to touch the heart of our Soveraigne Prince who hath greater meanes than any other to acquire this honour God hath made him peaceable that so he may procure this good to Christendome O great Prince hearken to the complaints which your Vniversitie of Paris addressed to King Charles the sixth one of your Predecessours and apply them to your selfe 15 Indeavour for this peace and for the safetie of your foster mother the Church and imploy to that end most Christian Prince all your strength as you have begunne to doe cure this maladie looke upon her which is desolate have pitie upon her which is oppressed relieve her which is undeservedly dejected stretch forth your helping hand to her which is extreamelie weake and which is not able to rise out of her bed Doe not deferre any longer to hear her which implores your aid with continual sighs and plaints and groanes Preferre this before all care of temporall things how profitable and usefull soever they bee This onely businesse ought to bee preferr'd before all others inasmuch as all others will have a more happie successe by reason of this and the honour of your Kingdome which you have got by your ancestours shall bee preserved unto you and to
this Realme O that you would remember that you alone doe not beare the title of most Christian in vaine but because that your ancestours did ever succour the Church in all her necessities above all others Loose not this priviledge this so noble and magnificent title Doe not suffer any man to take this honour from you Doe not suffer your selfe to bee outvied in it Defend your right your name your honor let the hopes of al Catholiques and your brethren in Christ move you which in this matter depends totally upon your person for both all Catholique Princes and all others doe waite upon your hand in this affaire as upon him to whom it does belong most of right of custome of power and other respects Let the renowned and immortall praise of the thing it selfe move you to erect a perpetuall monument of your name in the hearts and mouths of all men 16 A German Devine Provost of the Church of Worms made a petition and exhortation almost like the former which hee exhibited to one of our Kings whether it was to the former or no I know not but at least thus much wee know hee was of the same name For in an Epistle which bears this inscription in the front De Schismate epistola Conradi ad Regem Carolum ad faciendam Synodum towards the end thereof he bespeaks him in these words Now I will addresse the last part of my rude language to you most devout and most Christian King of France Being such and so great as you are set your minde O Prince upon such things as belong to Princes so shall you bee above the Heads What will you thinke upon then surely upon this that peace may bee made by your Prowesse You thinke upon this that you are a King thinke also that if you would reigâ—e long in happinesse it is written of you The King which sits upon the seat of justice â—â—th disperse all evill Let no man seduce you by vaine words Honour and fulfill your ministerie But how Certes that such as are farre off and such as are neare may both have peace by your meanes that the rents of holy mother Church may be sowed up by you I say the coÌ„mon mother both of you and us who hath fed you with her brests from whose mouth you have received the honey of regeneration and the milke of Christian doctrine a streame of bloud springing from the side of her spouse who was stretched out for you upon the tree of the crosse hath adorned your cheeks And therefore her cause is yours her wrong is your wrong Arise O Prince arise up against it build a wall for the house of Israel and fight And afterwards hee addes Above all things you must strive for this O glorious King and long after it with all your heart and labour for it with all your might that there may bee a Generall Councell called at which without the effusion of bloud by the grace of God all things may be reduced to peace and concord 17 Now this Prince whether it was Charles the sixt or the seventh for it must be one of the two put his hand to the reformation of the Church prettie handsomly For under the first there was a kinde of neutralitie made in such sort that there was no acknowledging of Popes in France there were also many goodly Ordinances set out against the abuses of Popes and of the Court of Rome the Councell of Constance was held also under him where the power of the Pope which was formerly without either beginning or end as they use to say was confined within certaine boundâ— and limits To which Councell he did contribute his Ambassadors and many learned Devines among the rest the great Cardinall of Cambray Mr. Iohn Gerson as also the Vniversitie of Paris which had no meane authoritie there as we collect from the Acts themselves Vnder the other were holden the Councels of Pavie Siena and that famous one of Basil which made some strong assaults to moderate that unbridled power of Popes The Pragmatique Sanction was then also set out in this Kingdome the most usefull and most commendable Ordinance that ever was made in France which hath beene since the butt against which the moderne Popes have levell'd all their curses having lopt it so neare that there remaines nothing but the trunke which they never yet knew how to reverse namely that Decree which containes the authoritie of a Councell above the Pope and another concerning Annats 18 The Emperour Charles the fifth and Charles the ninth King of France have sufficiently shewed what power they had in the Church considering that during the time of the Councell of Trent they endeavoured to compose the differences which were in their Empire and Kingdomes concerning point of Religion They made things be disputed in divers Imperiall Diets and at the conference of Poissy They made Ecclesiasticall lawes as namely that of the Interim for Germanie the Ordinances of Orleans and Moulins for France where there are good rules for Church discipline And the late King Henry the third did more yet in establishing Edicts which derogate from the Decrees of the Councell it selfe CHAP. VI. That Emperours and Kings have in all ages made some Lawes concerning Ecclesiasticall politie and discipline and that they had power so to doe 1 HEE should shew himselfe a meere ignorant in law that would deny that Christian Kings and Emperours have at all times made lawes for the politie government and discipline Ecclesiasticall For proofe whereof he need but reade the sixteenth booke of the Code of Theodosius the first of Iustinians the novell Constitutions of Theodosiâ—â— Valentinian and other Emperors which are put after the same Code of Theodosius those of Iustinian and his Edicts those of Leo and the other Emperours which ruled the Empire after Iustinian some whereof are added in the late impressions of the body of the Civill Law and other some are to be found in the Ius orientale de Benefidius and in the booke intitled Ius Graeco-Romanum As also the Capitulary of Charles the Great with divers other Ordinances of our Kings of France made about this particular which may bee read in the Collections of them From which it will appeare that there is no part of Ecclesiasticall discipline which hath not beene managed regulated reform'd and purged by them as need required 2 Well fare Doctor Espenseus who when he is speaking of this Royall power and shaping an answer even to those that doe Princes so much honour as to make them meere executioners of the Decrees of Clergie men not having any authoritie to enter into the cognizance of the cause If Princes saith he must not meddle with sacred things to what purpose are there so many lawes and Imperiall Constitutions about Ecclesiasticall matters in the Code the Novels and the Authentiques Why so many Royall Edicts and Decrees of Senates extant in the Annals of all Christians
in any sort meddle with any thing that concernes the Church save only so farre forth as they are commanded by them Pope Paul the third serves himselfe of this instance against the Emperour Charles the fift being vexed at some Decrees which were maâ—e concerning Protestants at the Imperiall Diet of Spire ann 1544. Vzziah saith hee was an excellent King and yet for all that became a leper God so punishing his presumption because hee would have burnt incense upon the Altar It is a worke well pleasing to God to have a care of his Churches but that is the Priests office not yours but it belongs especicially to mee to whom God hath given the power of binding and loosing The Kings of these daies must â—ot meddle with the administration of the Sacraments the performing of Ceremonies the preaching of the word nor other such Ecclesiasticall offices But for the ordaining and making of Ceremonies for the reformation of abuses the extirpation of schismes and heresies the politie of the Church and such like things they both may and must look to them and have alwaies done so either by having a hand in them themselves or commanding them to bee done or by confirming the lawes and statutes and ordinances concerning them 8 Wee will here observe by the way that the Emperour the Kings of England and France have a more particular right and priviledge in the Church than others by reason of their Vnction at least if wee take Balsamon the Patriarch of Antioch his words for it who commenting upon the 69 Chapter of the Councell in Trullo saith The Orthodox Emperours that promote the Patriarchs with invocation of the blessed Trinitie and are the anointed of the Lord goe in to the blessed altar when they please and offer incense and imprint the character with a triple wax aswel as Prelates doe yea they teach the people to instruct them And he afterwards adds Forasmuch as hee that is now Emperour is also the Lords anoynted by reason of the Chrisme that is of the unction of the Kingdome and that Christ our God is reckoned for a Priest aswell as others hee is also justly endowed with priestly graces Some are of opinion thâ—t this is the reason that our King of France receives the holy communion under both kinds that hee is served by those Clergy men which are most eminent in dignitie as the Archbishop Cardinals as when the kisse of peace is to bee given in the Church they must bring it him or for saying grace at his table and such like â—ut let us hold on our former course 9 One of the greatest arguments wee have to justifie this power is that Councels themselves have confessed it and have recommended such constitutions to our observation The sixt Generall Synod called in Trullo declares That they obseâ—ve the Canon which was made by their predecessours which sayes thus If any citie by the Emperours power have beene made anew or hereafter shall bee made let the order of things Ecclesiasticall conforme unto the order of Civill and Politique affaires Where Balsamon the Patriarch makes this exposition This present Canon doth ordaine that such cities as are preferr'd by the Imperiall power or hereafter shall bee preferred be honoured by the Churches in such sort as the Emperours commanâ— shall prescribe That is bee accounted Episcopall or Metropolitan Sees For it is fitting the Ecclesiasticall order follow the Civill command We say likewise that by this present Canon the Emperour hath power to erect new Bishopriques and preferre others to the dignitie of Metropolitans and set a forme for the election to them and other administration of them so as hee shall thinke good According hereunto the Primacy of the Church was conferr'd upon Boniface the fourth by the Emperour Phocas He obtained of the Emperour Phocas saith Martinus Polonus that the Church of the Apostle Saint Peter should be the head of all Churches because that of Constantinople did pretend to be the chiefe 10 The Popes have beene so well pleased to receive this Primacy at the hands of Princes that they have even made Constantine the Great speak of it in the fabulous instrument of his donation And giving over that they bragge That the Church of Rome erects Patriarchships Primacies of Metropolitans Bishops Seates and the dignities of all orders of Churches For these are Pope Nicholas the second his own words in his Epistle which he writ to the Milanois which is recorded in the great Decree Which the later Popes kâ—ew well how to practise insomuch that Pope Iohn the twenty second made horrible alterations in our France within a litle time For he erected the Church of Tholouse to an Archbishoprique divided the Diocese of Tholouse into six Bishopriques the Bishops whereof should bee Suffragans to the Archbishop of Tholouse and turned six Villages into Cities to wit Montauban Rieux Lombez Abbey St. Papoul Lavaur and Mirepoix lodging the Bishops in them and erecting the Episcopall Seats there assigning to every oâ—e his proper Diocese He created two Bishopriques within the Archbishoprique of Narbon the first at Limoux whose seat hee translated to Alet not â—â—ng after the second in the Abbey of Saint Pons setting out their Dioceses Hee divided also the Bishoprique of Alby into two and created one at Castres Hee erected divers others besides which are reckoned up in particular â—y the authour of the continuation to Martinus Polonus from whence I borrowed the former passage verbatim But let us returne to our former discourse 11 A certaine Councell of Paris holden under Lewes the Gentle saith that the Church approves and observes a constitution made by the Emperour Iustinian concerning excommunication As concerning unlawfull excoâ—munication saith it the law of the Catholique Emperour Iustinian which the Catholique Church doth observe and approve hath ordained that no Priest shall excommunicate any man till such time as the cause be proved for which the Ecclesiasticall Canons doe command it to bee inflicted This very constitution on Iustinian hath beene followed and allowed by our Popes as they themselves doe testifie in their Books and the addition made unto it by the Glosse is remarkable So for a long time about eight hundred yeares the Emperours made laws concerning Ecclesiasticall persons and affaires and the Church obeyed them This Glosse was afterwards put out because it told too much 12 At the Councell of Meaux held in the yeare 945 it is said That the Capitulary lawes concerning the Church which were made and set out by the great Emperour Charlâ—maine and by the Emperour Lewes be strictly observed as 't is knowne that lawes should bee observed The same Councell intreats King Charles the younger To grant the Bishops a freer libertie for the execution of their ministeries in their Parishes The same Charles the Great had ordained in his Capitulary That to every Church there should bee given onely one entire Manour without any other
they commenced every one of them for twenty pound rent given unto them by legacy by the said Ioan. And the said Court did reserve unto it selfe the power of disposing of the said revenew for the soule of the said Ioan deceased Pronounced the twenty fourth of March 1385. Amongst the Arrests num 28. In the same Collection I finde written December the fift 1371 it was said that the Augustine Monkes should not possesse any immoveable goods The sixt of Aprill 385 't was said that the Mendicants should not possesse any temporall goods in the booke of the Counsell And as for the priviledges granted by the Pope hearke what the Collection of the liberties of the Gallicane Church saith of them The Pope cannot allow or dispence with any man for holding and possessing any goods within this Realme contrary to the lawes statutes or customes of the places without leave and licence from the King This is further confirmed by an Arrest of Paris made in the yeare 1391 whereby a certaine Carmelite called Gratian was declared not to bee receiveable in a suit which he made for a certaine thing issuing out of an immoveable for the holding whereof hee was dispensed with by the Pope They were also forbid to hold secular benefices and Ecclesiasticall dignities by the letters patents of Charles the sixt bearing date the nineteenth of February 1413 notwithstanding the Popes dispensations 4 The Councel hath made a law concerning the farming out of Ecclesiasticall goods and lands whereby such leases as are made for many years and for payments before-hand are declared not to bee valid to the prejudice of successours Commission is also granted to the Provinciall Synods or those whom they shall depute to judge and declare invalid such leases of Ecclesiasticall goods as were made within this thirtie years for a long time or as it is in some places for nine and twentie yeares or twice nine and twenty years Whereupon it is urg'd in the first place that it belongs to Kings and Emperours to make lawes and Ordinances about the alienation or letting out of Ecclesiasticall goods as they have alwaies done in so much as all our books are full of examples in this kind And what Popes and Councels tooke upon them in this regard was by their toleration In the second place it doth not belong to a Councel to nominate and chuse Iudges for the deciding of controversies arising about such farmes and leases Nor doth it belong to the Ecclesiasticall Iudges to take the cognizance of them but to the secular And so it hath alwaies beene accustomed in France whereof there are an infinite number of Arrests given out in such cases 5 It is ordained by the sixt Chapter of the second Session of the same Councel that the commutation of last wils and testaments ought not to be admitted but upon just and necessarie causes See this is very faire but put case the Pope ordaine otherwise then there is no remedy For it is only said That the Bishops as Delegates for the See Apostolique shall take knowledge summarily and extra judicium whether there have beene any errour or false information They cannot therefore judge whether the cause bee lawfull or no. See here then a grievance common to all Christendome Behold yet another more particular to France which is that the Lay Iudges are herein deprived of their jurisdiction to whom it belongs to judge of the justice of the cause in matter of such commutations excepting the case of conscience See what is said in this point in the Collection of the liberties of the Gallicane Church The Pope cannot convert any Legacies though they be given to charitable uses or to any other use contrary to the will of the deceased save only in such cases when the will cannot be formally observed or where there is a necessitie of making such commutation alwaies provided that in such cases it be equivalent to that which was ordained by the testament or other disposall made by the last will of the deceased the cognizance wherof notwithstanding belongs to the Lay Iudge except for the case of conscience Now suppose the Pope chance to make any such commutations without a substantiall and lawfull cause it belongs to the Court of Parliament to reforme them upon appeals as from abuse which are wont to bee put up in such cases who must have their hands tyed if this Councel be admitted CHAP. X. Of the command laid upon Ecclesiasticall persons to receive this Councell and of other grievances 1 ANother great prejudice is offered unto the Royall dignitie by this Councell when it commands all Clergie men forthwith to receive in publique the Canons and Decrees thereof and those to whom the care of Vniversities doth belong to effect the same and bring it so about as that Maisters and Doctors and others publiâ—uely teach what is contained in the Canons of it and binde themselves by a solemne oath to the observation of this Decree In this they take too much upon them that they wold have al things put in execution without the Princes consent or privitie and perhaps even against his will It hath alwaies belonged to Kings and Emperours to approve the Canons and Decrees of Councels Wee have proved it in the third Book by many plaine examples taken out of all antiquitie 2 Wee wee will adde in behalf of France that the Councell of Basil used another manner of respect towards our King when at two several times it sent forth Deputies with expresse commission into this Kingdome to get their deliberations â—o bee received here which it could not fully obtaine but some of them were rejecâ—ed at that time when the Pragmatique was a making as appeares by the narration of it And the Cardinals which came thither the second time to get him to allow the deposition of Eugenius the fourth and the creation of Felix the fifth in his place and stead returned from thence without effecting any thing as appeares by the act of protestation set forth by King Charles the seventh of which wee have spoken towards the beginning of the first Book We say then that to give out such commands to Ecclesiasticall persons and Vniversities is all one as to set up two Monarchies in France and other Kingdomes All this should bee referred to Kings and Princes and they by their authoritie after they have approved and allowed of the resolutions of a Councell should cause them to bee put in execution and observed The late king Henry the third and the States of France assembled at Blois in the yeare 1579 knowing this very well made certaine lawes concerning Ecclesiasticall discipline in some sort conformable to these of the Councell of Trent in many matters without making any mention of it Whereby they give us to understand that the proceedings of it displeased them and that they would not receive the Decrees and Constitutions thereof 3 But the worst is yet that such as are refractorie