106. and a Tumult was appeased which had lasted 56 years under Six Popes by Excommunicating an infinite number of Persons both Ecclesiastical and Civil who adhered to the Emperor and by the Death of numberless Persons on both sides in threescore Battels fought by Henry the Father and in eighteen fought by Henry the Son tantae Molis erat to lay the Foundations of that Building which we have seen brought up to the Top of the Battlements whereof we are to speak In the Occurrence abovesaid happened between Pascal and Henry the Judgment of the World was various some saying that the Assent yielded unto by the Pope was Null as done out of fear finding himself and so many Cardinals in the Emperors hand and therefore with Reason Pascal opposed him and ceased from observing it But on the other side it was said that if the Popes Assent were invalid for being extorted with Fear N. 107. no less ought to be held for invalid the Assent yielded to by the Emperor for Fear of so many Excommunications and Anathema's of so many Rebellions and Machinations for which cause he is subject to restore that which is done for Fear of Imprisonment and not that which is done for Fear of Anathema's and for Fear of seeing all his Dominions and People in Confusion and in Civil Wars Some men in Counsel in the presence of Pascal made use of this Dilemma if the Decree and the Bull of his by which he granted Investiture unto the Emperor were Lawful they ought to be observed if they were unjust and as some say Heretical then was the Pope Author also Heretical and unjust 'T is true indeed that a thing just and due although done out of Fear is valid and that no man whatsoever is blameless if for any kind of Fear he acteth contrary to the Law of God The Contention of the Popes with the Emperors about this matter of giving Investiture of Bishopricks and Abbeys stopt not only in Italy and Germany Kingdoms of the Emperor but in the same times also in France some of the Bishops stirr'd up by Example and through Interest N. 108. opposed the King for the same cause but because all were not agreed to make a League with the Pope against the King the King for the most part overcame him and the Popes were content to gain that by little and little which was Impossible for them to do all at once together In England the King having alwayes conferr'd Bishopricks and Abbeys in the year 1102 Anselm Arch-Bishop of Canterbury refused to Consecrate the Bishops provided by the King he adhering to the Decrees made by the Popes and the Contention lasted many years the King maintaining his Authority and the Arch-Bishop by the help of the Pope defending his Opposition the King believed himself able to perswade the Pope to that which he reputed Just therefore he sent an Ambassador who received such rough Answers and Threatnings from the Pope that to take off his Edge the Ambassador thought fit to tell him the King would not lose his Authority although he were to lose his Kingdom to which the Pope replyed with no less boldness that he would not permit it although he were to lose his Head The King remained Constant N. 109. and it behooved Anselm to depart the Kingdom incapable of returning without Consenting to the King 's Will. But the King dying without Heirs-Male and some Civil Wars happening 't was easie for the Clergy-men to prevail and to introduce That into England which had been introduced in the Empire where after the Cession of Henry of which hath been spoken the Pope obtained his intent true it is that in the year 1132 Lotharius the Saxon Successor of Henry the 5th Emperor being sought to by Innocent the 2d engaged in a Schism that he would acknowledge him for Pope and not his Adversary refused to do it unless the Investitures Renounced by Henry were restored to him and perhaps the Pope would have granted them but St. Bernard very intimate with Lotharius perswaded him to desist proposing to his Consideration that he having made War against Henry his Predecessor and Lord upon Pope Paschals Instance for that cause N. 110. afterwards to be willing to make himself a Defender of Henry's Pretention was to declare himself a Rebel and that he had made War against his Lord while he was defending a just Cause That which usually happens after great Victories namely when all the Forces of the Enemy are not Extinct the Fragments or the Remainder of the overcome Party oftentimes spring up again with old Pretensions which the prudent Vainquisher temporizeth dexterously rather than oppose himself openly by renewing a War so it fell out in these present occasions The Popes not being able to have the Victory of such a great Pretention so entirely but that in some Places some Benefices would remain in the Power of the Laity and that a Prince sometimes for some Necessity of his Government without Regard to the Pope would bestow some Bishoprick after the first manner There remained in France the Regalia N. 111. which is a Right of the King to Confer all single Benefices Vacant by the death of the Bishops until the Successor be Created There remained in Germany a Right of the Emperors of giving only one of the Canon-ships in many Churches and so divers particular Authorities were retained by some Princes The Popes that they might not by Contending for these particular uses renew the Contention with hazard of losing the whole or else by letting them run on they might do prejudice to the general Cause thought it requisite to make Provision both by Negotiation and Art They found a Temperament or Complyance by causing the Canonists and other Scribes depending on them to Write that these Princes enjoy'd that Authority through Priviledge granted by the Pope This served the Popes for a Reputation to make appear that Princes had no Right but by their grace and favour and assured them also that they might pretend further and 't was easily passed over by the Princes to whom it seemed that it was to secure them from the Molestations which the Popes might give them N. 112. and by adding an Ecclesiastical Title to their own Possession make it more secure But the Event shew'd that to be Poyson which was esteemed Physick For about 1300 Boniface the 8th exercised sharp Contentions with Philip the fair of France that he should yield up the Authority of the Regalia's abovesaid and they proceeded so far that this Kingdom was exposed to great Danger by Excommunications and Interdictions by depriving the King and by granting the Kingdom to Albert the Emperor At first when 't was assented to it was not well thought of to whose account it would turn by the Apostolical granting to preserve that which was the Princes Peculiar For the Popes since pretend they can revoke the Priviledges granted by their Predecessors even without a
cause though indeed they never want Pretexts to feign a cause and whosever Possesseth by a Title of his own and is content to acknowledge it for another mans Favour is like him who leaving his own ground goes to build on another mans But on the other side when some Prince having broken Patience N. 113. conferred some principal Benefice which the Kings of England and of Sicily oftentimes did the Popes not to engage in Contentions said nothing more to the Prince but not to let themselves be prejudiced they wrought by Practises through the Monks means that the Elected should renounce into the Popes hand promising him he should be invested by the Pope and so should have that quietly wherewith if he had not been contented the Pope would have opposed it and brought all into difficulty Of these Practises then used frequently by the Popes Florentius of Wingerin and Ivo Carnotensis who were Writers in those times make a long Relation as of a thing usually done in Germany and in France with this Form of Words that the Popes took with one hand and gave again with the other This agreement was easily accepted as that which freed one from Trouble and Molestation and the same King if he came to reflect afterwards N. 114. whether he past it as a thing which made no Alteration in effect without considering that it might import for the Future Which manner they now make use of against the Catholick Bishops in Germany who do not obey their Reservations as shall be spoken of in its place In Spain the quiet and prudent Disposition of the Nation together with the good Government of the Kings were cause that in so universal a change they passed it quietly perhaps forwarded hereunto by the Exercise the Saracens gave them which made them think of remaining united to their King and of living in Quietness The Kings never went about subjecting the Clergy more than convenient and they never made a League with Strangers to exempt themselves from the Kings more than their due As soon also as the Kings perceived that the Popes of Rome had by Power by Terror or by Practices obtained something in other Kingdoms they endeavour'd to accommodate themselves according to those things N. 115. in such a manner as might make the least alteration possible in their Government for as touching the Custom of times past the Bishops and other Ecclesiastical Ministers were ordained according to the Antient Custom the abovesaid Alteration being made in other Kingdoms and States they would not lay hold on a Contention with the Popes but by a prudent Complyance they were contented that no Bishop should be Ordained without their Consent and Alphonso the 6th the better to secure himself sought for Vrban the seconds Approbation who granted to the King the JVS PATRONATVS of all the Churches in his Kingdom Those Kings have proceeded quite otherwise than the Germans French and English They were content to acknowledge for anothers favour that which was their own so that it might serve to enjoy it more Peaceably These have striven that they might not acknowledge their own from another mans but all with Prudence These saw there was a way to lose all N. 116. and to become Subjects because the Popes Demand not the utmost scope of his Intention but a Degree of proceeding further his Subjects considered chiefly the Clergy-men inclinable unto Liberty not to say Licence and therefore ready to agree with the Stranger to diminish the Authority of their Prince whereupon they saw it necessary that there should be no Door open by which they might have Recourse But the Spaniards being confident of the quietness of their Subjects had no Reason to fear that suddenly they would move for a Recourse out of the Kingdom but considering the Anxiety of their Affairs in those times they had good cause to fear lest those who had been able to make Subjects Rebel against Princes so much greater than they should use the same Arts and therefore they resolved most Prudently to receive speedily that which greater than they were constrain'd to tolerate after much Wars Now for a Conclusion N. 117. In the time which past between 1122 that Henry made his Renuntiation unto 1145 it was established almost every where that the Bishop being dead the choice of the Successor should be made by the Chapter of Canons and should be Confirmed by the Metropolitan and if the Abbot were dead the Election should be made by the Monks and Confirmed by the Bishop if the Monastery were unexempted If it were exempted it should be Confirmed by the Pope Other Benefices which were de JVRE PATRONATVS were Confer'd by the Bishop on the Patron 's Presentation All others were at the free Episcopal disposing The Popedom of Rome remained for the Prince being Excluded it seemed that it ought to return to the free Election of the People but from the year 1145 Innocent the 2d having a Difference with the Romans and being driven from the City by them ☞ he in Counter-change deprived them of the Power of choosing the Pope In the Troubles which happened for the causes abovesaid many Cities were in an Uproar by the Bishops Confederate with the Pope which revolting from the Emperor N. 118. and were headed by the Bishops whereby they obtained the Publick Incoms and the Regal Rights or Duties and when the Differences were Composed they had taken so firm Possession that the Prince was Necessitated to grant them in Feudo or Fealty that which de Facto they had usurped to themselves by which they acquired also the Titles of Dukes Marquisses and Earls as many of them are in Germany who remain still such both in Name and in Fact but in Italy in Name only which made Clergy-men a great quantity of Secular Goods and the Augmentation was very notable not only during the Troubles of which we have spoken but also in those which followed under the Swevian Emperors The Monks in this time had intermeddled greatly in favouring the undertaking of the Popes against the Princes for which they lost somewhat of their Reputation of Holiness and indeed there was also lost much of the Discipline N. 119. and Regular observance in Monasteries because they intermeddled or crept into the Negotiations of State and of War wherefore their acquiring or purchasing ceased also unless in some little Congregations newly instituted in Tuscany who intermedled not in these Commotions but preserved their Discipline and therefore the Devotion of the People continuing towards them they were instruments of acquiring New Estates but yet not many they being but few But another Occasion happened which caused great Acquisitions in the times whereof hath been spoken which was the Warfar of the Holy Land and the heat of zeal was then so earnest The holy War Contributed great Wealth to the Roman-Church for going and for contributing to the gaining of it that men making no account
purchase whereas in some other places their Acquisitions have been very Notable chiefly in the times of the Schism N. 194. when all the Remainder of the Clerical Order were in small Credit The Schism of the Councel of Constance was raised one of the Popes having renounced and the other two being deprived and Martin the 5th was Elected in Councel Anno. 1417 all were in hopes that by the Councel and by the Pope all these disorders in Beneficial matters would be Regulated and indeed the Councel proposed to the Pope the Articles for Reforming the Reservations the first-Fruits the Favours the Expectancies or Reversions the Commendings and the Collationings but the new Pope and the Court desiring to return home and all the Fathers of the Councel being weary of the long Absence from their Houses the treating of a matter so difficult which required so much time was easily put off till the next Councel which was intimated to be Celebrated in Pavia five years after which moved the French to be unwilling to expect a new Councel wherefore 't was ordered by a Decree of the Parliament that no Obedience should be yielded to the Pope unless the Kings Edict were first Intimated and accepted by him which Edict took away the Reservations N. 195. and the Exactions of Money therefore Martin having sent a Nuncio to give the King an Account of his Election the King answered he would have accepted it upon Condition that Elective Benefices were Conferr'd by Election and the Reservations and the Reversions were taken away The Pope was Content for that time but in the year 1422 having gained the favour of some of the University he endeavoured to cause the Reservations to be received however he could not obtain his intent and they proceeded against his Promoters by Imprisonment The Pope laid the Interdiction at Lions and the Parliament Ordered it should not be served and the Contention lasted until the year 1424 when the King Compounded with the Pope that his Holyness should have the Collations until that time for Lawful and for the future all Commands should be received But the Atturney and the Advocate General with many of the Lords Opposed the Execution of it and having Represented to the King the dammage of the Kingdom they made this Agreement with the King to vanish into Smoak In this Interval the Councel of Ravia was held which after begun N. 196. was transferr'd to Siena and dispatch'd with great Celerity nothing of moment being Treated therein but only hope given that in the Councel to be Celebrated seven years after at Basel all should be Reformed At the end of which seven years Martin dyed and Eugenius the 4th Succeeded in the Popedom under whom in the Councel of Basel Anno. 1431 the so much necessary and desired Provision was made against disorders in matters of Benefices the Reservations were Prohibited except the Vacanti in Curia the Reversions the first-Fruits and all other Exactions of the Court were also Prohibited The Pope seeing his Power restrained and his Wealth not able to Support he Opposed the Councel he endeavour'd to transfer it elsewhere to a place where he might manage the Prelates which being repugnant to them he could not Succeed and many Contentions past between the Pope and the Councel wherein Pious men Interposing themselves by daily Labour found out a Medium N. 197. but at last being fully resolved to provide against Extorsions of Money and the Pope to preserve his Authority and Conveniency they came to an irreconcilable Breach The Pope Annull'd the Councel the Councel deprived the Pope and chose another whereupon a Schism grew in the Church That Councel was accepted in France and in Germany and in the year 1438 1438. there was Published in France that Famous Pragmatica whereby the Elections were restored to the Chapters and the Collations to the Ordinaries and Reservations were forbidden as in the Councel of Basel That Councel was not received in Italy where all adhered to the Pope so that Reservations took footing and every Pope renew'd them without difficulty and Introduced new Grievances besides in the Collation of Benefices none of them ever moderating himself unless when a Method was found to work the same Effect by an easier way Julius the 2d and Leo the 10th introduced Mental Reservations which they so called and by another name Reservations in the Breast which were not made publick like the rest neither were they known N. 198. unless when a Benefice became Vacant if the Ordinary Conferr'd it or if any one went to crave it the Datary answered that the Pope had reserved it in his mind a method or fashion which lasted some years but then 't was left off because it became incommodious to the Court of Rome also All other methods were carryed on to excess for as touching Resignations in Favorem introduced heretofore and practized there was added the Resigning the Title only of the Benefice reserving to himself all the Fruits thereof which in existence was nothing else but remaining Patron of the Benefice just as before it was renounced he Constituting to himself a Successor who was in Name Titular before the Death of the Renouncer but in Fact he had no Right and that the new Titular Person who having a mind to gather the Fruits for the behoof of the Renouncer might not make himself Master of any thing there was added also that not only all the Fruits were Reserved to the Renouncer N. 199. but also that he might exact them by his own Authority There was nothing which might make the Resignator different from the entire Patron but that if in Case the Titular dyed before him all the Fruits of the Benefice remained to him but he could no more create himself a Successor and the Title might be given by the Collator to whom he pleased that should Succeed after the Renouncers Death The Court wanted not for an Excellent Remedy for this likewise which was the Regress Regress In the Primitive times of the Church there was a Holy and a Commendable Custom that when a man was appointed to a Church he never left his Charge in all his Life for to have a Benefice of greater Income or of greater Honour it seemed enough for every one to perform the best of his Office sometimes for necessity when there was not a fit Person for a great Charge the Superior took one who was Occupyed in a Less N. 200. and by Obedience transferr'd him to the Greater a thing which afterwards was sought after by some either for greater Commodiousness or for Profit whereby the Translation which was unusual became most Customary and the Sollicitation of every one was such to raise his Degree that oftentimes having left that in Possession and impetrated for another his Impetration proving vitious he has been deprived of both which being inconvenient Custom obtained that if the Impetration of the second place could not
the Ministery of Christ and the Authority of loosing and binding was a different thing from the Possession of Temporal things annexed to a Benefice and that by reason of this Temporality it was not disagreeing that the Prince should receive some share for the necessities of the Common Wealth N. 174. and of this a Solemn Dispute was also made But this Answer satisfied not Pious and learned men for although the Revenue of Benefices be a Temporal thing yet the Right and Title by which they are Possessed is a Spiritual thing It appeared to all men and still it doth appear that with good Reasons these Methods of the Popes were reproved and called Simony This Defect was made use of for the first Pretext for taking away the Collation of Benefices from Princes But the Pope of Rome having by the Progresses above written gained great part of the Power whereof the Emperors were spoyled John the 22d Anno. 1316. Ordained that for three years every man who Obtained a Benefice of a greater Income than 24 Ducats ought at the Expedition of his Bull pay a years Revenue The three years being expired N. 175. the same was continued as well by him as by his Successors although some Resistance was made in divers places and in some others they were received to pay half a years Rent only and in other places a certain sort of Benefices was only obliged to pay the others remaining excepted The bringing in of this was accounted very Burdensome to private Families the years Revenue being paid by the Beneficyed or Incumbent out of the Houshold Stock there being a Hazard that he may dye before he makes good that money to the Family and Princes found it a great grievance to their Government such a notable share of the Cash being drawn out of their Dominion without receiving any Profit for it and so much the more grievous as this Work is accompanyed with the Expence of Bulls Dispensations and Presents or Gifts beforehand all which carry away the Money which is the sinew of Potency and it never returns as it doth by way of other Commerce When this Novelty was introduced by the Pope N. 176. the ordinary Persons could not perceive what difference there was betwixt this Payment and that which was so much blamed in those dayes when Princes bestowed Benefices but learned men in those primitive times Condemned it universally as savouring too much of Simony In Progress of time some men studied wayes to justify it so that they were divided one sort rebuking it as a thing unlawful Simoniacal and forbidden by Divine and by Humane Laws others Commending it as a thing Lawful yea necessary and due to the Pope of Rome these proceeding so far as to defend that the Pope may not only demand a years Fruits but more also as he that is absolute Patron yea of all the Fruits not of one part only who they also say cannot commit Simony for any Contract he shall make in the Collation of Benefices And certainly if he were Patron as they say the Consequence would be clear because every man may Contract for his own in what manner seems best to him without doing wrong to any one N. 177. but neither God nor the World seem to consent to it This Pope was so intent in drawing mony from every thing that it twenty years Popedom he heaped up an incredible Treasure Certain it is that in his Expences and Gifts he was no more straightned than his Predecessors and yet he left 25 Millions at his Death John Villano relates that to one of his Brethren of the Colledge of Cardinals after the Popes Death Charge was given to make an Inventory of the Mony which he found to be 18 Millions in Coyned Mony and seven Millions in Vessels and in Ingots weighed by him The First year Fruits in his Institution from Pope John the 22d L'Annata Extended but unto Benefices which were Conferr'd and which were paid for in the Expedition of Bulls a thing which Continued unto that time but afterwards there was also laid an Obligation upon all Benefices to pay the first year Fruits or Revenue every 15 years because that being united unto Monasteries Hospitals or to Pious places N. 178. they never become Vacant which Imposition was therefore called Quindennium Quindennium which Paul the 2d about the year 1470 Constituted only concerning Benefices united after the year 1417 by the Pope of Rome but Paul the 4th extended or enlarged it likewise to all the Benefices united before and Sixtus the 5th Comprehended not only those united by the Apostolical See but also those which had been united by Legates Nuncio's Bishops and by others But returning to the first Original of these year Incoms or Fruits those who opposed against the Invention of John the 22d with zeal of hindring that the year-Fruits might pass no further they have not only brought about his Design but have been the Cause of defending and extending it also even as some who then opposed the Reservation brought forth a contrary Effect the Popes never failing to get any Abuse whatever to be Justifyed by Doctrines Wherefore after this Benedictus the 12th Anno 1335 under pretence of being willing to provide or furnish Livings with fitting Persons he reserved to his own Disposal and Providing for his Life time only all the Benefices Vacant in Curia as had been done formerly N. 179. and also all those which became Vacant by Privation of those who were Beneficiated or else by Translation unto another Benefice and also all those which were renounced in the Court and all the Benefices of Cardinals of the Court Officers of Legates Nuncio's and of other Rectors and Treasurers of the Roman Church-Lands likewise the Benefices of those who went to Court upon Business if in going or coming they happened to die within 40 miles Distance of the Court and likewise all those which became Vacant because the Possessors of them had received another Benefice These Reservations Comprehended a multitude of Benefices restraining much the Power of the Ordinaries and they caused many Benefices to be setled upon Forrainers this was received however because the Reservation was only for during his Life Yet 't is never to be believed that a thing useful to him that Governs instituted for some short space of time N. 180. should remain Circumscribed thereby For Benedictus the 12th being dead Clement the 6th his Successor made the same Reserve wherefore the King of England Edward the 3d perceiving that for this Cause and by reason of Reversions all the Benefices of the Kingdom fell unto Forrainers He Commanded upon pain of Death that the Popes Beneficyal Provisions should not be received within his Kingdom The Pope wrote to the King shewing sorrow for it desiring he would forbear The King answered beseeching the Pope to Reform the things which were a shame to the Church and a scandal to the People adding further
left by Will which indeed was then spent by them in the Maintenance of a great Number of Monks and in Hospitality in Schooling and Education of youth and in other Pious Works The Abbot Tritemius makes account that the Monasteries of Benedict in Monks were to the Number of 15000 N. 32. besides the Prepositures and lesser Convents Prepositure The Monks themselves chose their own Abbot who Governed them Spiritually and Ruled also as well the Goods which came by the Charitable Offerings of the Faithful as of those which proceeded from the Labour and Art of the Monks and in progress of time those also which came from setled Revenues But the Bishops in these dayes which Succeeded the year 500 Ao. 500. being become absolute Dispensators of the fourth part of the Church Goods began also to mind more Temporal Things and to make themselves to be followed in the Cities whereupon Elections were no more used as the End of Divine Service but with Seditious Practices Proceeding oftentimes from Practices to Publick Violences for which cause Princes who until then took but little thought of whom should be Elected unto this Ministery began to bethink themselves of it N. 33. being advertised by the Holy men of those times that God had Committed the Protection of his Church unto them and therefore they ought by the Command of his Divine Ministery to take such care that Ecclesiastical Affairs should be Lawfully Managed The Princes also saw evidently how great Impediments were brought against the Quietness of the State and against the good Government of the Common-wealth by the Private Interests of the Ambitious Clergy and by the Seditious Practices which they used to acquire Ecclesiastical Dignities whereupon partly out of Divine Respect and partly for Human they began to prevent the Clergy and the Laity from providing themselves after their way according to their Affections as well because Affairs being altered and the Bishoprick no more shun'd but coveted they made Parties from whence proceeded Seditions and sometimes popular Slaughters by means of the Concurrents as also because sometimes Factious Persons were chosen for Bishops who held private Intelligence with the Princes Enemies which were never wanting in the Western Confusions N. 34. and sometimes Persons were chosen who having gained a Train of People Attempted some Design to Attribute the Jurisdiction of the Magistrate to themselves and would stir up the People to Defend their Enterprises whereupon the Princes Ordained that no Person Elected should be Consecrated without their Consent or the Magistrates the Prince Reserving to himself the Confirmation of the great Bishopricks as in Italy of Rome Ravenna and of Milan leaving the lesser Bishopricks to the Care of the Ministers But taking more heed to the Substance of the thing than to the Appearance when in a City there was an Eminent Subject known to the People to whom all were enclined ☞ and the Prince satisfied that he pleased the People Occurrenza when an Occurrence came he was Consecrated without more ado Sometimes also there happened through Accident of War or of Plague that one had been Ordained before he had the Confirmation of the Prince N. 35. as happen'd to Pelagius the 2d Predecessor to St. Gregory Rome being Besieged by the Lombards after the Siege was raised he sent Gregory who was then Deacon to make Excuse to the Emperor beseeching him to Confirm what Necessity had Constrained him to do In this manner Popes were Elected and Bishops in Italy until the year 750 Ao. 750. with the Imperial Confirmation but in France and in other places beyond the Alps the Regal or the Princes Authority was herein more absolute for the People totally desisted from the Election when the Prince took it in Hand good men forbore because believing themselves to be well provided with Kings esteemed their Interventions Superfluous evil men because they were not certain of being able to bring their Designs to pass whereupon the Kings gave the Bishopricks to them only throughout the Kingdom In all Gregory Turonensis ' History from Clodovius the first Christian King of France unto the year 590 no Bishop was known to be made but by the Command or by the Consent of the King N. 36. and St. Gregory who was made Pope that year writing to the Kings of France upon different occasions Complains to them that the Bishopricks were not bestowed on sufficient men and prayes them to make choice of good and understanding men He never reprehends the Provision made by the Kings when the Person provided was deserving As for Bishops who were chosen without the Authority of the People it was easie to exclude them also from the Election of Priests Deacons and other Ecclesiastical Ministers reducing the Power of nominating them to the Prince only without the Intervention of the People part of them having withdrawn themselves totally from meddling in Ecclesiastical Congregations to attend their Domestick Affairs others through the Inconveniencies which did arise amongst popular Factions and some others for seeing themselves disrespected by the Bishop grown Potent as well by the Riches he had to spend as by his Dependance on the Prince by whom he was Nominated to or Confirmed in the Bishoprick The Prince sometimes Nominated those that were to be Ordained N. 37. at other times he left the Care wholly to the Bishop chiefly when he was fully Consident which Considence was also Cause that the Prince oftentimes made use of the Bishop either to compose Difficalties amongst the People or to determine Difficult Causes the Respect of Religion being the Cause that they were more believed than the Magistrates whereupon they were more intent upon that than in teaching the Christian Doctrine which at first was given them in Charge Therefore when making of a Bishop was in Question it behooved rather to have Respect unto a wise Wordling than unto one understanding in Matters of Faith which remains still unto this time it being said that excepting the Places bordering on the Insidells it is better making a Bishop of a good Jurisconsult or Lawyer than of a good Divine and truly 't is a reasonable thing if the Principall Office of a Bishop were to judge Causes N. 38. Christ our Lord Ordaining his Apostles said as my Father hath sent me so send I you by which they understood to be sent to Teach If now all be sufficiently instructed and there be no more need of it he may attend somewhat else Heretofore the Principal Care of the Bishop was to Teach and the next to oversee the Government of the Poor so that in the second as well as in the first there was some Relaxation and therefore in making the Division into four parts abovementioned the Administration of the Goods being in the Hands of the Clergy and those were they who divided after their way so that where the Bishop and the Priests were Conscionable men the Division was Justly
who is Supream in his State which according to Seneca may be called Dominion of Empire or else according to the Doctrine of the Jurisconsults Dominion of Protection and of Jurisdiction Another each private man hath which is the Dominion of Propriety whereof we speak and wherein we now make enquiry one cannot say that God hath the universal Dominion of all things but that he hath therewith the Propriety of those Goods as the King hath the universal in all the Kingdom and nevertheless he possesseth in Private and hath the Propriety of that Portion which belongs to his own House N. 86. Wherefore one may make an Addition to the universal Dominion of the Prince with the Particular of Propriety whereby it encreaseth and is Augmented but Gods Dominion hath an universality so excellent and so infinite that it can receive no Addition and repugneth to be particularized as it also repugneth to be Communicated to any Creature whatsoever therefore no man can say God being Master of these Goods I who have the same Tribunal the same Consistory and the same Court as he I am Master also but rather he is no less a Servant of whomsoever is least Notwithstanding others vending or uttering freely without fear say Pope Dispensator not Dominus that the Pope is Master and hath the Dominion and this they prove by the Decretal of Clement the 4th that the Plenary Disposition of all Benefices belongs to them St. Thomas opposeth himself to this opinion in saying that the Pope indeed may call himself chief Dispensator but in no wise may he be called either Master or Possessor N. 87. which Doctrine Cardinal Gaetanus explaineth adding that the Pope cannot give nor in any wise dispose of Ecclesiastical Goods but only do with them as much as may be done being upon the Term of Dispensator And Gaetanus's Reason is very clear and Efficacious these Goods were at first belonging to a Master who hath transferred his Dominion by Donation or by Testament but none of these had ever Intention to give or leave to the Pope therefore the Dominion hath not passed unto him wherefore the same Gaetanus and Adrian 6th Pope say that the Dominion of Estates is in the Church that is in Generality or Vniversality of the Faithful of the place to which the Goods or Estates is left so that the Dominion of the Goods of the Roman Church is in the Universality of the Romans 'T is known by all that Universality in Right is like a Person capable of Possessing in which manner it is said such a thing is common to the City that is no mans in particular but all mens together They leave many Wills after this manner N. 88. as I leave to the School of St. Rocco Rocco to the Monastery of the Fryers c. This Doctrine is very well Confirmed by the Antient Custom of the Church and by the manner of speaking of the Canons There is no doubt that if they were to denominate Estates in Land by the name of a Person they would denominate it from him who hath the Dominion but all the Canons and the Antient Custom calls them Church Lands or Goods therefore she hath the Dominion of them neither have those any other opinion who say these Goods are Christs because all the Christian Churches from most Antient times have been denominated not only from the name of the City but also from the name of him who hath been the first and the most famous Bishop therein as the Roman is called St. Peters that of Alexandria St. Marks that of Ravenna St. Apollinare's whereupon the Lands of those Churches took the name of the same Saints and the Lands of the Roman Church are called St. Peters wherefore these kind of Phrases are Read amongst all the Antient Writers N. 89. viz. St. Peters Patrimony St. Peters Lands the Possessions of St. Peter the Patrimony of St. Apollinare the Revenue of St. Apollinare c. And because Christ is universal Head and Protector of all Churches that which belongs to the universal Church and to any particular Church is called Christs Patrimony Christs Goods or Lands c. which signifies so much as belonging to the Church whose Head Christ is Not otherwise that the Lands of the Republick of Venice are called St. Marks that is belonging to that Republick which bears St Marks name And truly that universality of the Church was Mistress of all that was gained when the Clergy-men in each Diocess were in Common because all Donations and all Testaments were made thereunto Certain it is that these Estates were not neither could they be Purchased but by him to whom the Law granted the Power of Purchasing but the Laws of Constantine granted that Donations might be made to the Christian Colledges N. 90. that is to the universality of the Christians which were in Cities then the Dominion belonged to those Colledges but after the divisions were made and the Benefices Instituted Legacies or Donations were made unto particular Churches or rather for the most part for some particular Pious work in those Churches wherefore it cannot be said who is the Master of any thing whatsoever without seeing the Bequeathing of the Wills and of the Donors whereto we being to speak fundamentally we can say no more but that Prelates and other Clergy-men are the Governors Administrators and Dispensators of the Church Goods to do therewith according to the Bequest of the Donor or the Leaver and not otherwise and that Person is Master either Particular or General in favour of whom the Donation or the Legacy was made Wherefore also every Rector of a Church ought to see diligently after the obligations left him to perform and if it be done otherwise it must be imputed to humane Imperfection no man can be perswaded that through length of time N. 91. he may have a Prescription because that Presupposeth a good Faith which never was in any man every one knowing in his Conscience that those goods were not left to be done with as they do But in whose Dominion shall those Church-Lands be whose Institution is not known The Natural and the Civil Law is that in those whose private Patron or Master hath totally failed the Community shall Succeed therefore the Church must remain Mistress thereof So that in few words men who are beneficed are Dispensators of the Goods of the Benefices but Master he is not in favour of him who made the Donation or the Will and if it be not known the Church remains Mistress 'T is no obstacle hereunto that there be Princes Laws and Ecclesiastical which forbid Alienation for the Pupill is true Master of his own and yet he cannot Alienate N. 92. Dominion is a Right of doing what one will with a thing when the Law permits which binds some sort of Persons with Conditions who have need of the Government of others such is Vniversity or Community No man ought
to the People and in the fourth place the Emperors Consent should be sought for in which manner Alexander 2d his Successor being Elected the Emperor would not Confirm him nor accept of the Excuse which the Cardinals sent by one of them to make by Embassy saying it was done to avoid a sharp Civil Dissention but all with great Respect to the Emperor the Elected being his Friend yet the Emperor chose the Bishop of Parma for Pope upon the Instance of Gerard of Parma his Chancellor But three years after the Affairs of the Imperial Court being altered and Gerard the Chancellor Deposed the Bishop of Parma was also Deposed from the Popedome and Alexander accepted who in the year 1072 there being made in Germany a Conspiracy of the Bavarians and Saxonians against the Emperor he joyned with them and entred into the League and the year following cited the Emperor unto Rome as imputed of Simony for having conferr'd Bishopricks for Money The Pontifical Action was much admired N. 100. never any Pope having come so far but it soon passed under silence by the death of the Pope after whom Gregory 7th a Monk of Sienna attained the Popedome who was Hildebrand above Nominated by the Emperor but in the year 1076 having been three years in the Popedome finding the Emperor yet young and Germany full of Commotions he deliberated to exclude him totally from the Election of Bishops and Abbots and made him a Monitory that for the Future he ought not to intrude therein the Emperor made a great Resistance whereupon the Pope Excommunicated him absolved his Subjects from the Oath of Fidelity and suspended him from the Administration of the Kingdom of Italy and of Germany He Excommunicated also the Bishops his Ministers Colleagu'd himself with his Rebels provoked the Emperors own Mother against her Son and during the time which lasted until the year 1085 when the Pope dyed in Banishment at Salerno N. 101. he Excommunicated the Emperor four times and made a general Decree that if any Clergy-man should receive a Bishoprick or an Abbey from a Lay-mans hand he should be accounted no Clergy-man by any one and should be deprived from entring into the Church and the like for him who shall receive other Benefices unto which Penalty he Subjected also the Emperor the King the Duke the Marquess and the Earl and every Power or Person Secular that should dare to invest with Benefices The Emperor maintained his Cause by his Arms against the Pope and his Colleagues and was followed by most part of the Bishops Whereupon the Pope was in a grievous Danger but he who had formerly Excommunicated the Normans as Usurpers of the Kingdoms of Sicily and Puglia had Recourse to their Assistance granted them all that for which he had Persecuted them and absolved them from the Excommunication and if for this Cause Robert King of Naples and of Sicily N. 102. who heretofore was a Persecutor of the Popes had not turned to his Defence to make a Counterballance to the Emperor he had maintained his Cause with a total Victory but by the help of Robert the Pope was supported although in Exile and he being dead in his Assistance and three Rogers of the same Family the same Contention continued likewise with the two Successors of Gregory both Monks of the same order the last of which was Vrban 2d who in Reward of the Services done by the Normans gave one of them a Bull for the Monarchy of Sicily really granting them a greater management in the Affairs of the Church than that he would take from the Emperor Which to do besides the Excommunications he often repeated against the Emperor and the Rebellions he stirr'd up against him making his Eldest Son to Rebel against him also and by his means excluded the Emperor almost out of Italy But he being dead the Pope who Succeeded repeated the Excommunications against the Emperor and raised many Rebellions making his other Son to Rebel also with whom the Father engaged in War N. 103. one time overcome and another time Victorious came finally to conditions of Agreement wherein he was cheated and reduced to a Private Life left the Empire to his Son who was called Henry Henry 4th being dead Paschal for so was called the 4th Pope amongst them for beginning from Gregory 7th they fought with Excommunications and spiritual Weapons for the taking away of the Investiture of Bishops and Abbies from the Emperor he assembled a Council at Gnastalla and then at Troyes in France and renewed in them both the Decrees of Gregory 7th and of Vrban 2d that no Lay-man should hinder the Conferring of Benefices In France the Decree was not accepted by the King but he continued according to Custom and also the Emperor Henry 2d the Son opposed it who in the year 1110 came Armed into Italy for the Crown of the Empire to which the Pope having opposed himself by Controversies depending between them they agreed that Henry should go to Rome for the Crown N. 104. put the Controversie of Investitures to silence neither party being to speak of them Henry went to Rome where Pope Paschal appearing to him to be Superior in strength not remaining firm in the Conditions he would have him to renounce the Investitures and Henry confiding in his bold Forces proposed on the contrary that the Pope should revoke the Decrees saying he would not be inferior to Charlemain Ludovicus Pius and other Emperors who had given the Investitures Peaceably and quietly whereupon the Contentions encreasing the Emperor took the Pope Prisoner and the most part of the Cardinals carrying them from the City an Accommodation was treated on and finally the Pope agreed to Crown him and to let him have the Conferring of Benefices without Excommunicating him for it and he Swore to the observation of the Agreement and the Mass being Celebrated the Pope divided the Wafer N. 105. and with one half he Communicated himself and the Emperor with the other half making Cursed and dreadful Imprecations for which of them should be a Violater of the Agreement The Pope gone back to Rome said he would observe the Agreement but yet his Legates Excommunicated the Emperor and he two years after in 1112. Call'd a Council Confirmed the Decrees of Gregory and Vrban that no man should receive Investitures from Lay-men and caused the Council to annull the Agreement made with the Emperor and finally in 1116 Excommunicated him besides Pascal dyed and Gelasius the 2d Succeeded him at first then Calisto the 2d with whom the Contention lasted and by whom and by all of them the Emperor was Successively Excommunicated These three Popes did not only make use of Excommunicating but also stirr'd up many Seditions against the Emperor The chief of one was Lotharius a Saxon who took up Arms and had many Victories finally in the year 1122. Henry perceiving himself in so many difficulties renounced the Investiture N.
or wasted and therefore could not maintain the Bishop conveniently the Metropolitan with the Bishops assembled in Councel gave two or more to one Bishop and these Cities were called Vnited as likewise on the contrary when the number of People encreased and that one man only could not supply all one Cure became divided into two yea unto these present times these Methods are Commendably used which are for the Service of God for Spiritual Benefit and for conveniency of the People But after they proceeded to make unions also for the Conveniency of some Pious Place by which means some Benefices became united to some Bishoprick or to some Monastery or to some poor Hospital by virtue of which union the Party Beneficyed seems indeed to have two Benefices but in truth he hath but one Humane subtilty invented being willing to give two incompatible Benefices to one Person to unite the one unto the other during his Life N. 148. so that giving him the Principal the United was also given by Consequence by which means it saves very well the Law of having but one Benefice in appearance but in the Existence there is nothing but the observance of th words with Transgression of the sense The Jurisconsults call it the Fraud of the Law This served also that they might give a Cured Benefice to a young striplin or boy or to any other illiterate Person and without being obliged to receive Sacred Orders by uniting the Cured Benefice to a single one during Life and Confering the single one in Title the Beneficyary remained the Curates Patron also and the words of the Law were very well observed But the Power of Vniting Benefices for Life was never granted to the Bishops for any Cause whatever but reserved to the Pope of Rome only Some Lawyers call it an Vnion in the Name but in Fact it is a Relaxation of the Law and they hold it for Damnable wherefore also in some Kingdoms it hath been prohibited It was long used by the Roman Court N. 149. now 't is no more in use no more than many other Cantelous things not to call them Frauds like these which speak too Legally for the Causes as shall be declared when we come to our times The Commendum had also a good Antient Institution Commendums for when an Elective Benefice became Vacant either Bishoprick Abbey or else a Living which was Jus Patronatus for which the Ordinary out of some Respect could not provide immediately the care whereof was recommended by the Superior to some worthy Person until Provision should be made nevertheless that Person had not Power to make use of the Incoms but only to Govern them and for this an Excellent man was chosen who usually was a Benefic'd man to whom the recommended Cure was a burden with which he was to be contented for the Church service only This could not be called N. 150. having a Benefice recommended unto him but very improperly and therefore in Reality he had not two Benefices although to make no difficulty of speech there arose a Maxime amongst the Canonists that a man might have two Benefices the one in Title the other in Commendum which Commendum at first lasted but until Provision were made afterwards they Commended for a good while which sometimes was long enough wherefore the Pope of Rome forbad the Bishops from Commending for above six months not making the Rule for himself but by a Court Style the Commendum contracted a little Custom not altogether Commendable which was that when the Pope had a mind to give any man a Benefice it could not be done either for want of Age or because the Benefice was Monacal and the Person Secular or for some other respect he Commended it to him so long that he might acquire the necessary qualities for to have the Title of it But finally about the year 1350 all Respects being laid aside the Popes holding the other Bishops strictly to the Term of six months N. 151. they Proceeded to give the Commendum for Life which if it be given to one who hath in Title another Incompatible Benefice he observes very well the words of the Law that two Benefices cannot be given but one in Title and the other in Commendum but the sense is defrauded because that which is Commendatory for Life as touching the Profits is like unto the Titular also giving a Benefice in Commendum to one who hath not the qualities required by the Canons doth not disagree with the Words thereof but 't is given to him in Deed and not given to him in Words the Commendums of Bishopricks and other Benefices are almost out of use in Italy There remains some Abbeys for the Causes which in our times shall be declared By the means abovesaid the Popes drew to themselves great share of the Beneficial Disposals in all the Christian Kingdoms of the West but in the Eastern Churches he was never suffered to dispose of an Atome not only in the last Ages of that Empire when the Greeks were totally divided N. 152. but likewise in the first Ages also when they were united into a Body except that in Syria and in Greece in the times and in the places which were under the Dominion of the French and of the Venetians But the Popes Letters which disposed of Benefices in manner abovesaid although they were indeed for the most part obey'd yet nevertheless not without some Complaint and Murmuring putting it often to dispute whether the Pope could do this or that In Italy none opposed the Pope unless some Pious man for Respect of Conscience and for the Service of God it being besides profitable to the Italians for such were the Roman Courtiers who by means of the Popes ample Authority received Incoms from Beyond the Alps. In Spain the Prudence of that Nation in their Practice deluded the Arts of the Court. In England as in a Region where the Benefices were many and Rich the Roman Courtiers made great gains wherefore in the year 1232 a League was made in that Kingdom N. 153. between the English Clergy-men and the Souldiers against the Roman Clergy-men Beneficed in that Island who were spoyled of their Goods and Incoms The Pope Commanded the King under pain of Excommunication that he should Chastize or Punish and Persecute them with Temporal Arms and that the Prelates should Excommunicate them But they were found to be so numerous that the King durst not meddle with them neither did the Prelates dare to make use of their Spiritual Weapons The Affairs remained quiet for a few years whereupon Pope Innocent the 4th a Genoése took fresh Courage and sent one Martin his Kinsman by whose means he renew'd the Fashions of the Court upon which the English had Recourse to the King Complaining that the Italians got Possession of all Benefices The King Banished Martin from the Kingdom and causing an Account to be made of how much the Pope
drew out of England he found it to be equal to his own Revenue which is sixty thousand Marks The King proposed some of these Differences to the Council at Lions making Complaint of the abovesaid grievances whereto the Pope answered the Council was not Assembled for that purpose and that it was no time to harken to it In the said City of Lions during the time of the Council N. 154. the Pope would have given to his Kinsmen some Prebendaries of those Churches upon which there was a great Commotion in the City and the Pope had notice given him that they should be thrown into the Rhone wherefore the Pope sent them away privately Rhodano For all this the Court left not off its Designs but in the year 1253 the same Pope Commanded Robert Bishop of Lincoln a man in those times Famous in Doctrine and in Goodness that he should confer a certain Benefice upon the Genoése against the Canons which appearing inconvenient and unjust to the Bishop he answered the Pope that he Honour'd Apostolical Commands Conformable to Apostolical Doctrine wherefore that non obstantibus is a Deluge of inconstancy a Breach of Faith a disturbance of the quietness of Christendom that it is a grievous Sin to defraud the Sheep of their Pasture that the Apostolical See had all Power to Edification none to destroy N. 155. This Answer received the Pope grew wroth exceedingly But Cardinal Egidius a Spaniard being a Prudent man endeavour'd to Mitigate him representing to him that to proceed against a man of such Reputation for a cause so abhorr'd by the World could not bring forth a good Effect But whilst the Pope studyed to shew his Resentment Robert fell sick and to the end of his Life held the same Reasons and dyed with an Opinion of Holyness and 't was fam'd that he wrought Miracles The Pope hearing of his Death caused a Process to be formed for the King to dis-inter the dead mans Corps But the night following in a Vision or in a Dream he had Robert in Pontifical Robes who Rebuked him for persecuting his memory and smote him on the Flank with the But-end of his Crosier-Staff The Pope awoke with an excessive Pain in that Place which afflicted him unto his Death that happened within a short time after In the year 1258 Alexander the 4th Excommunicated the Arch-Bishop of York for the like Cause who persevering in his Deliberation N. 156. endured the Persecution with much Patience and drawing neer to his Death wrote a very Prudent Letter to the Pape exhorting him to imitate his Holy Predecessors and to take away the Dammageable Novelties from the Church and from his own Soul He dyed with the Opinion of a Saint and a Martyr In these times 't was likewise necessary in France to make a Provision which I shall relate after having given notice that for these and for other Impediments which the Princes and the Bishops opposed against the endeavours of the Court which never thought of giving over For Clement the 4th in the year 1266 resolved to lay the Foundations whereby he or his Successors might declare themselves to be absolute Patrons in all the Collations of Benefices throughout the World and remove the necessity of finding out Wayes and Arts to draw the Collations unto Rome and made a Bull which concluded nothing else but the Reservation of the Vacanti in Curia saying that the Collationing of them by an Antient Custom is reserved to the Pope and therefore he approved of this Custom and wil'd it to be observed N. 157. But to conclude this alone So much an Hyppothetical Premium can do in saying that although the plenary Disposal of all Benefices Premio Hippotetico belongs to the Pope of Rome so that he may not only confer them when they become Vacant but he may also before Vacancy grant a Right for the acquiring of them Nevertheless the Antient Custom hath more especially reserved the Vacanti in Curia Wherefore we approve of that Custom If the Pope had made a concluding Edict that the Disposal of all Benefices belonged to him the World would have stir'd in it and as well the Clergy-men as Princes and other Lay-Patrons would have declared their Reasons But this Proposition being put into a Conditional without a Conclusion went on easily without any notice taken of how much it might Import But two years after that is in the year 1268 without having any Respect unto this Bull N. 158. St. Lewis King of France seeing that the Provisions made by the Queen Regent his Mother during his Minority and during his Absence in the Holy Land were not sufficient to remove the Confusions introduced in the matter of Benefices Pragmatic Sanction made his famous Pragmatick wherein he Commanded that Cathedral Churches should have their Elections Free and the Monasteries likewise that all other Benefices should be given according to the Disposition of the Law and that no Imposition of the Court of Rome could be levied upon Benefices without his Consent and the Churches of his Kingdom This Holy Kings going into Africa against the Mores and his Death which happened in the year 1270 and the need the House of Anjou had of the Popes Favour to settle his Kingdom in Naples and to recover that of Sicily and the Power which the Pope granted to the King of imposing Tythes under Pretext of the War of the Holy Land were cause that the French easily permitted the Court of Rome to regain the same Authority N. 159. whereupon in the year 1398 Boniface the 8th placed the Constitution of Clement in the Decretals and made that That which was said Hyppothetically and Incidentally became the Principal and to give it the greater Authority he exposed under the name of Clement leaving it dubious whether it were the 4th or the 3d. Therefore now in some Copies it is Read the 3d in others the 4th For which cause this Proposition was given to be believed at first i. e. That the plenary Disposal of all Ecclesiastical Benefices belongs to the Pope which is pretended to be meant in a Sense not altogether perverted which is that the Pope should have full Power but yet Regulated by the Laws and by Reason A little after Clement the 5th made void all good understanding by saying that the Pope had not only full Power but also free over all Benefices which freedom is understood by the Canonists Exempt from all Laws and Reason so that he may do all that he pleaseth notwithstanding the Reason or the Interest of whatsoever Church or of Particular Person yea even of a Lay-Patron This Proposition is put into the Bulls upon every occasion N. 160. and there is no Canonist but passeth it for clear yea for an Article of Faith saying that the Pope in the Collation of any Benefice whatever may Concur with the Ordinary and also prevent it and if it so please him he may
Court. There was added the Constituting of another Antagonist at Law if he dyed that the end of him might not be the end of the Law-suit but by his Death there was taken or received another years Revenue and the Continuation of the Law-suit which Multiplying also the Clauses were invented Si alteri Si neutri Si nulli Whereby the Benefice was given to a third man also but only during the Law-suit or Contest of the two first which Constrained Princes for the Removing of Confusions Disorders and Contentions amongst their Subjects to bring back to the Secular Bar or Court the Cognizance of the Possessorio of the Benefices a thing which although Legitimate had been by the Connivance of Princes taken away from the Secular Magistrates and Assumed by the Ecclesiastical Court From the Provisions which were made by some Princes to stop the new Introductions into matters Beneficial within their Dominions N. 188. the Court took occasion to invent others as well to work the same Effects under other Pretexts as to Multiply methods whereby they might do and therewith supply what they could not do where Provision was made In these times Resignations were found out not good and Commendable ones Resignations for they are very Antient but certain others which the World at present Commends not It was never Lawful for him who was put into an Ecclesiastical Charge to leave it of his own Authority and it was very agreeable that he who had dedicated himself to a Ministery and had received the Reward for it which was the Benefice should persevere Administring nevertheless for some Lawful Causes it might happen to be necessary or at least for the Publick or for the Private good that some one might devest himself of it 't was introduced for a Custom that it might be and with the Authority of the Superior for some Lawful Cause he may renounce and the Causes wherein 't was practized were if through Infirmity of mind or of Body or became incapable by old Age N. 189. or if by enmity of Potent Persons on the place he could not make his Residency without Danger When the Renunciation was received by the Bishop the Benefice was esteemed as Vacant and he to whom the Collation belonge'd Conferr'd it in the same manner as if it had been Vacant by Death The Renunciat was introduced in these times not for any urgent Cause but only to bring to pass that the Benefice might be Conferr'd upon one nominated by the Renunciator and as unto a new thing it behooved also to give it a new Name calling it Resignatio ad favorem because it was only made to favour the Resignation that he might have the Benefice 't is indeed at the Superiors Liberty to receive the Renunciation or not but he cannot receive it but by giving the Benefice to the Person Nominated Although this was a way for introducing Hereditary Succession unto Benefices and therefore Dammageable unto the Ecclesiastical Order N. 190. it proved more profitable to the Court by how much the more frequently the Benefice was Conferr'd and by it the first-Fruits Receiv'd Covetousness and other Worldly Affections taught many to crave for and to receive Benefices not with a mind to continue in them but with thoughts of enjoying them until they could obtain better or else until some design of Marriage or other kind of Life were brought about or else until some Youth might come of Age at which he might afterwards renounce a thing which by Pious men was never excused and 't is held for a Common Opinion that whosoever receives a Benefice with a design of Renouncing it cannot with a good Conscience receive the Fruits which some of a larger Conscience they do not mean so generally of all but of those only who do it with an intent to forsake the Clerical Order As for Renouncings ad Favorem which became Emoluments to the Receiver the Court that the Fruit might be all its own Prohibited the Bishops from receiving such Renouncings and reserved that the Pope of Rome only was able to do it N. 191. And because many Beneficed men when they felt themselves near unto Death made themselves a Successor by such a way 't was Ordained by a Rule of Chancery that the Renouncing made in favour of another by a sick Beneficed man should not be of value unless the Renouncer Survived twenty dayes after Consent granted In these times the Fountain of the Oblations of the Faithful seemed to be drained or lessened already while the War of the Holy Land lasted and afterwards for some years whilst there was hopes that it might be renew'd through which means much Gold came unto the Ecclesiastical Order but all hopes being lost the Oblations were stopt Nevertheless Example was taken by this work and the giving Indulgences Remissions and Concessions introduced for those who would lay hold on and Contribute thereunto by some good and Pious work for daily there were new works Instituted for each City N. 192. for which Indulgence was granted from Rome this brought forth much Fruit to the Clerical Order and to the Court which did partake of it and this went so far that in the year 1517 there sprang up in Germany the Novelty which every one knows Helping hand Pope Pius the 5th Provided for our Age by a Constitution whereby he Annull'd all the Indulgences granted by the Clause of Helping-hands that is with Obligation to offer Money a thing which hath not yet stopt the Course of this Harvest For although Indulgences are now given without that Condition nevertheless in Churches are set forth Chests and Trunks and the People believe no Pardon to be Obtained unless they Offer But returning to these years of the Schism for what Concerns the gaining or acquiring of new Incomes and setled Estates for the Churches the hope seem'd to be quite lost The Monks already had no more Credit of Holyness the Fervency of the Sacred Militia not only Luke-warm but Extinct The Fryars Mendicants for all were instituted after the year 1200 had therefore Credit N. 193. because they had totally devested themselves of the Power of Purchasing Estates and made a vow to live upon Oblations only and Alms whereby it appeared that the Augmentation of setled Estates would Cease but a good way was found out which was the granting to the Mendicant Fryars by a Priviledge from the Apostolick See to be able to purchase Estates which by Vow and by Institution was Forbidden them many of their devout Persons were most ready to Enrich them there wanted nothing but the manner how this found out immediately the Convents of Mendicants in Italy Spain and other Kingdoms were become very Commodious in Estates within a short time France only Opposed this Novelty saying that as they were come into the Kingdom with those Institutions of Poverty it behooved they should persevere in the same neither would they suffer them hitherto to
take Effect the Person Beneficyed might return to the first without more ado and this was called the Regress Regress In like manner to this there was invented the granting a Faculty to the Resignant that when-ever the Resignatory should dye or Renounce the Title he might without more ado return to the Resigned Benefice and by his own Authority take Possession anew and make it his own as if he had never renounced it and if he should not have taken to himself the first Possession of the Renouncement in which case the Regress cannot take place he may by Access N. 201. and by Ingress take Possession likewise by his own Authority without any other Ministry of the Judge and this is called a Regress Therefore the receiving and the admitting the Renouncements upon these Conditions and therewith to give Title to the Resignatory hath never been permitted by the Pope of Rome to others but hath reserved it to himself only This Method was Condemned by all the Writers chiefly by the Vniversity of France and Prohibited by the Parliament neither could it be covered with any fair Pretext of Antiquity wherefore there were some who made a Conscience and were ashamed to use it for whose satisfaction there was found out another of an Antient Original but according to Custom fitted for the present Occasions Coadjutors This was the Coadjutory a most Antient and a most Commendable Custom there was in the Churches that when any Minister or Prelate or other became unable or less fit to perform his Charge through old Age or by Infirmity of Mind or of Body or for other Cause he took to himself N. 202. or the Superior gave him an Assistant who together with him might bear the Burden but he had nothing to do with the Office or Benefice but whilst he lived whose Coadjutor he was who being Dead a new Titular one was made This Provision was alwayes Commended and never was any Opposition made against it Afterwards 't was Considered that if it were Ordered that the Coadjutor might Succeed a greater Benefit would arise First he would be more diligent in managing a thing which was to be his own others would love him and would repute him more as their own than another upon which the Coadjutor was made with a Succession to come a thing which had Defenders and Opposers 'T was Opposed by saying that every Succession in Ecclesiastical Benefices is Condemnable it offers Occasion of procuring or desiring another mans Death 'T was defended with the Famous Example of St. Augustin who by Valerius his Predecessor was made Coadjutor with future Succession N. 203. which Example serves not very well because St. Augustin himself blames it afterwards and would not follow it and was not ashamed to say that it was done by him and by his Predecessor out of Ignorance But in the times we speak of they not only gave Coadjutors with future Succession unto Prelates and to others which have Administration but also in single Benefices where is no need of being Assisted so that the Coadjutor retains only the Name there being nothing Real but the future Succession which is a thing so abhorred by the Canons 'T was practized or used in these times that whatsoever Beneficyary who would make himself a Successor indifferently according to his different pleasure or make a Coadjutor with a future Succession or resign in his favour reserving to himself the Fruits and with Regress but yet this was Reserved to the Pope only and in no wise granted to other Collators The Councel of Basile was received in Germany by some and by others not and therefore Beneficyal Causes were differently understood N. 204. To provide against the Diversities and Dissentions 't was agreed in the year 1448 between Nicolas the 5th and Frederick the Emperor in this manner that Benefices Vacant in Curia should be reserved to the Pope and for the Remainder of the Elective Benefices they should proceed by Election As for others those Vacant in six Months should be the Popes in the other six they should be distributed by the Ordinary Collators adding also that if the Pope had not in the term of three Months Conferr'd those which belonged to him the Collation should devolve to the Ordinaries The Agreement was received throughout all Germany and until the year 1518 some Diocesses observed the Councel of Basile which annull'd all Reservations But in Progress of time those also who received the Agreement at the beginning forbore to observe it afterwards and excused themselves saying that the Agreement was not generally received and hath lost its force through disuse so that we treat not of those Cities where the Bishops and Chapters are departed from the Roman Church but also in the Churches which remain under Obedience little or nothing was observed Clement the 7th in the year 1534 made a severe Bull N. 205. but it took but little Effect In the year 1576 Gregory the 8th made another without better Success In the Diet at Ratisbone Anno. 1594 1576. Cardinal Mudrutius a Legate of Pope Clement the 8th made a great Querimony about this in the name of the Pope no Fruit appeared At present there remains the same variety and Confusion The Romon Court hath but two Remedies only one by the means of the Confessions of Jesuits which work by terms of Conscience that Beneficyaries provided by Ordinaries are Content to take the Bulls from Rome and some do it the other Remedy used by the Court but in Benefices of Importance and with Persons partly depending on them is that an Election or a Collation being made contrary to the Agreement the Court annull's it but afterwards Confer's it on the same Person N. 206. a Remedy much used heretofore upon other occasions also not because it helps at that very time but because keeping those Writings they make use of them in Succeeding times to shew that they had Obedience as so many other Decretals which took no Effect are nevertheless in the Decretal Books for the same design In France the Pragmatica was rigidly contested by Pius the 2d which the French Clergy and the Vniversity of Paris opposed Constantly wherefore the Pope turned himself unto Lewis the 11th shewing him how it was unseemly to him that in his Kingdom they should observe the Decrees of the Councel of Basel against which he being the Royal first born departed from the Father out of distast went with Arms received Moneys from Pope Eugenius the 4th to disturb the Councel for which Reasons King Lewis Anno. 1461 Pragmatick Sanction revoked Revoked the Pragmatica and made it to cease but there following a Reclamation of the Vniversity and Remonstrances from the Parliament which are yet to be found N. 207. wherein they represented to the King the grievances of the Kingdom and of the Ecclesiastical Order with an Account made up distinctly And restored that in three years four Millions
were gone to Rome for Beneficyal Causes Three years after the Pragmatica was restored by the same King Sixtus the 4th then opposed him and made an Agreement to destroy it which is still to be found but they would not receive it and the Pragmatica remained Innocent the 8th Alexander the 6th and Julius the 2d used all means to Abolish it but could never Obtain it Finally Leo the 10th made an Agreement with King Francis the First And taken away again by which the Pragmatica was taken away and 't was Ordered that the Power of Choosing Bishops and Abbots should be quite taken away from the Chapters of Cathedral Churches and from the Conventuals but Bishopricks and Abbeys becoming Vacant the King might name a fit Person on whom the Pope was to Confer the Benefice That the Pope of Rome could not give Reversions nor make general or special Reservations but that Benefices becoming Vacant in four Months of the year should be Conferr'd by the Ordinaries on the Graduates of the Vniversities N. 208. and the Vacants in the other eight Months might be freely Conferr'd by the said Ordinaries only that every Pope in his life time may Charge any Collator of Benefices to Confer one according to the disposal of his Holyness in case there are to be Conferr'd between Ten and Fifty and if there be above Fifty or more he may Confer two and although there were many Difficulties in Accepting the Agreement and the University appealed to the next Lawful Councel nevertheless the Authority and the Vtility of King Francis overcame and the Agreement was Proclaimed in France and put in Execution In such manner that after so many Popes from the year 1076 unto 1150 strove by the Excommunicating an infinite number of Persons and by the Death of Innumerable more to take from Princes the Conferring of Bishopricks and giving the Election to the Chapters contrary-wise Pius the 2d with five of his Successors have striven to take the Election from the Chapters of France and give it to the King and Leo the 10th did obtain it at last N. 209. Thus the Alteration of Interests bear along with it the Change and Contrariety of Doctrine Some Speculative men have accounted the Reason of this to be because the Example that the Bishop and the Clergy might Confer may keep alive the Practice and the most general Doctrine of the Church Contrary to the Modern others because it is still more easie to take it out of the hands of a King who may be of a weak Spirit or may stand in need of the Pope than from the Bishops and Clergy King Francis made many Laws besides to regulate the Possessory of Benefices and the Agreement was observed by him but the Execution was interrupted for some years by his Son Henry the 2d when he was in War with Pope Julius the 3d because of Parma wherefore in the year 1550 the King Prohibited that any Provision of the Popes Benefices should be received and Commanded that all should be conferr'd by the Ordinaries but Peace being made all was Composed and the Observance of the Agreement returned But in the year 1560 the States were held at Orleans in Charles the 9th's Minority where the Collations of Benefices were regulated N. 210. and many things abolished which were Contained in the Agreement Great Confusions and Wars happened in the Kingdom and the Cardinal of Ferrara was sent Legate into France who Obtained that the Ordinances of Orleans should be superseded with a Promise that the Pope within a short time should provide against the Abuses for which the Ordinances were made of which nothing was done afterwards so that now the Concordate remains Thus went the Affairs in Germany and in France But the State of Italy which we have lately described was greatly altered by the Celebration of the Councel of Trent which made several Decrees on this Matter to provide against the Abuses abovesaid then reigning and although from its beginning which was in the year 1547 it began to attend these Corrections and made many Decrees which were not put in Execution until after the end of it which was Anno. 1563 wherefore it may be said that all the Provisions are to be referr'd unto this time N. 211. 'T was the Intent of this Councel to remedy three things First the Plurality of Benefices Secondly 1 Pluralities 2 Hereditary Succession 3 Absence Hereditary Succession Thirdly the Absence of Beneficiated men and to Prohibit all kind of Plurality 't was Ordained that one although he were a Cardinal could not have more than one Benefice but if that were so small that it might not serve or be sufficient for the Expences of the Beneficyed he might have one more which was therefore to be without Cure of Souls It Prohibited the Commendum's of Benefices Curati ad Vitam which was a Pretence to make a man Obtain two it Ordained also that Monasteries for the future should not be Commended and those that were so till then when they became Vacant should be reduced into a Title It Prohibited also the Vnions ad Vitam which was another pretext of giving divers Benefices under the name of one It Prohibited totally the Regresses and the Accesses to take away Succession It Prohibited also the Coadjutorships with future Succession absolutely excepting in Cathedrals and Monasteries wherein was Admonished N. 212. that they should not be granted by the Pope but for just Causes but the Prohibition is without Effect In the 14 last moneths Residency was treated with some Contention Residency because there was sprung up a Question among the Doctors a little before whether the Residency of Bishops and of other Curates in their Churches were de Jure Divino or Canonick for which cause the Councel was divided in such a manner that in April Anno 1562. a Scrutiny being made of the number of both Parties there 67 found whose Opinion 't was de Jure Divino 33 who opinion'd it to be de Jure Positivo and 30 who were of Opinion that this Point ought not to be decided without first treating with the Pope Of the first number were the Northern men and other cast-off Bishops on the Second and the third the Dependents on the Court. If Residency should have been made de Jure Divino it would follow that the Pope could not have been able to dispence it but that the Authority of the Bishop also would have been de Jure Divino and no man was able to restrain it N. 213. these were things which Squinted at the Depression of the Courts Greatness wherefore the Opinion was Maintained by both Parties with much boldness The Business came to Practices so that after fourteen months Residency was Commanded yet not declared quo Jure the Curate should be Obliged only Penalties were enjoyned upon non-Residents as to other things they were left in their first Estate or Condition but those who were at