some place for that end makes expresse mention of the safety of the place Wee are ready saith he to assemble Kings Prelates and Princes both spirituall and temporall in some place of safety And the glosse upon this A judge should appoint such a place or else there is a just cause of appeal although it bee said that no appeal shall be admitted 20 Ivo Bishop of Chartres complaines of the Popes Legat because he had chosen the city of Bloys there to decide the cause of the Clergy of Chartres who could not repaire thither with safety by reason of the populacy of that City 21 The same Bishop having a controversie with some of his Clergy depending before the Archbishop of Sens his Metropolitan intreats him to appoint a place for judgement whither they might goe and come with safety 22 The Legat we spoke of having appointed a Councell consisting of French Bishops to meet at Sens for the absolution of King Philip the first from the excommunication which was darted out against him by the Pope by reason of his unlawfull marriage hee gives him notice that hee might have done better to have proceeded to that absolution in another place then Sens that so every one might have had meanes to speake his opinion freely 23 The Doctours of the Canon law doe all agree that an exception against the safety of the place is pertinent and ought to be admittedâ— that it is good both by the Civill law and the law of nature that a man summoned to a place where any danger threatens him is not bound to appeare nor to send his proctour and that a judge is bound to assigne the parties a place of safety for the hearing of their cause otherwise there is just cause of appeal CHAP. VIII That all those who ought to have had a decisive or deliberative voyce in the Councell were not called 1 COmplaint is made also that all those who ought to have had a consultative or deliberative voyce in the Councell were not called thereunto Paul the third by his Bull dated in May 1542 and Pius the fourth by his in November 1560 call none to that Councell to deliver their opinions but Cardinals Patriarchs Archbishops Bishops Abbats and Generals of Orders They doe not mention in expresse termes either the first or the last of these but yet they are comprehended under those words All others whosoever which are restrained to them alone For this sense the Popes expositors put upon them and this is the form which is received in the Church of Rome witnesse Bellarmine and those whom he urgeth Nor was there any but those who had voices in the Chapter of the Councell All the petty Ecclesiastiques had nothing else to doe there but to pick their fingers or to pen neat speaches of such matters as were there treated of But for decrees those lettice were not for their lips All this is confessed by the Doctors themselves yea and defended too The Popes whom I named exhort those whom they call thither that they should not faile to come there yea they straitly injoyne them by vertue of that oath which they have taken to them and to the Holy See which cannot be referred neither to Protestantsâ— nor any other that have drawne back from their obedience to him nor yet to Lay men howsoever obedient 2 Hence two complaints arise one that the Ecclesiastiques of the Protestants side being they could not have a deliberative voice there had nothing to doe to goe thither The other that the Laiques of both religionsâ— have ground of complaint being excluded from this judgement As for the firstâ— when any controversie arose diverse courses have beene taken to compose the differences in religion Sometimes the Emperours have appointed judges before whom both parties came and discussed their opinions freely Phâ—tinus Bishop of Smyrna being accused for a heretique by the Councell there was afterwards admitted to dispute with the Catholique Bishops In which dispute saith Sozomen certaine judges were ordained for presidents of the Councell who from that time forwards were accounted men of prime rank in the Palace both for knowledge and dignity After many objections and answers pro and con Basil Bishop of Ancyra who defended the doctrine of the Catholiques got the victory and Photinus was condemned and sent into banishment At the generall Councell of Chalcedon which consisted of six hundred Bishops there were diverse officers of the Emperours Valentinian and Marcian and a good number of Senators that came to preside there yea and to judge of all differences and controversies even such as concerned faith and religionâ— who behaved themselves so that in some points they swayed that great company of Bishops by their advice As we have observed more particularly in the title of the presidency in Councels Honorius the Emperour to lay the quarrels that were in his time between the Catholiques the Donatists in Africk called them all together at Carthage and deputed Marcellinus one of his officers to bee judge who after hee had heard all along the reasons on both sides pronounced the sentence of condemnation against the Donatists Wherein he saith amongst other things 3 To the end that apparent errour may undergoe the yoke of revealed truth by the authority of this present Edict I advise all men of what condition soever landlords stewards and farmers as well which hold of the Crowne as of private possessions with the Ancients in all places that not forgetting the lawes their own dignity honour and safeguard they doe their endeavour to hinder all Conventicles of the Donatists in all townes whatsoever who shall be bound to surrender up to the Catholiques those Churches which I allowed them of courtesie untill the day of sentence without commission from the Emperour 4 Possidius that writ the life of St. Austin reports as much in plain terms This happened mainly saith he by occasion of the conference which was at Carthage betweene all the Catholique Bishops and the Donatists by the command of the Emperour Honorius who sent Marcellinus the Tribune into Africk to be judge in that collation In which controversie the Donatists being throughly confuted and convinced of errour by the Catholiques were condemned by the sentence of the judge He addes moreover that they appealed from that sentence to the Emperour and that they were afterward condemned by him and declared heretiques 5 Pope Miltiades also with some other Bishops had passed sentence in that cause but the Donatists being not well content with his judgement the Emperour remitted them afterwards to the Bishop of Arles as St. Austin relates That which Cardinall Iacobatius a stickler for the Popes authority saith is very remarkable that lay-men were sometimes admitted to Councels to bee judges betwixt those that canvassed some deepe point Hereupon saith he in a Synod holden in a Councell before Constantine and Helena where it was disputed whether
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
Appeal to a future Councell touching the condemnation of the Councell of Basil made by Leo the tenth in a conventicle assembled by him at the Lateran and also touching the abrogation of the Pragmatique Sanction wherein that Councell was confirmed But it is expedient to heare the truly pious words of that generous Vniversitie Pope Leo the tenth in a certaine assembly holden at Rome we know not how but surely not in the name of the Holy Ghost for where he is nothing can be consulted upon or determined against the law of God the Sacred Councels hath resolved we know not upon what advice to abrogate the said so usefull Decrees transgressing herein against the Catholique faith and authority of sacred Generall Councels and therefore hath condemn'd the holy Councell of Basil making certaine other Decrees at his pleasure under correction be it spoken to the prejudice of the Realme and of Daulphine and to the detriment of the subjects of our most illustrious King of France And afterwards Having made such novel decrees he hath constrained our most renowned King Francis by the perswasion of some body or other to give his consent unto them while he was in Italy imployed there in businesse of warre Wherewith we the Rectour and Vniversitie doe finde our selves grieved wronged and oppressed and doe provoke and appeale from the Pope ill-advised as concerning the abrogation of the Ordinances and Decrees of the said holy Councell of Basil and the Pragmatique Sanction thereunto adhering to a future Councell lawfully assembled in some safe and free place c. Given at Paris in our generall Congregation solemnly holden at Saint Bernards May the 27. 1517. A German Monke speaking of this Appealâ— saith Not without cause did the Vniversity of Paris become appellants to a Generall Councell against Pope Leo for the good and preservation of the Churches of the whole Kingdome and especially for that the same Pope Leo had undertaken to condemn and disanull the Councell of Basil in a certaine assembly or conventicle of Cardinals holden aâ— Rome 9 Some of the Commentators among the Canonists have said in expresse termes that an Appeal may lye from the Pope to a Councell amongst whom are Ludovicus Romanus and Abbas Siculus in his allegations Such Appeals to a future Councell are not to bee stranged at for in France they goe further than so insomuch that it is lawfull to appeale to the Parliaments from the execution of the Popes abusive Buls 10 But Bellarmine urgeth some examples to the contrary against us to wit of Appeals made from Councels to Popes the first is of Athanasius Bishop of Alexandria and Paul Bishop of Constantinople who saith he being deposed by a Councell appealed to Pope Iulius and were by him restored to their Sees againe This he takes out of the Ecclesiasticall history of Soâ—â—â—en which makes against him First he doth not any way speake of appealing â—â—om the Councell to the Pope for that was not then in use Hee saith indeed that Athanasius and some other Bishops being deprived of their Sees and persâ—cucuted by the Arrian Bishops which were in the East fled to Rome as to a haven of reâ—uge that the Pope having heard their confession conformable to the Nicene Creed received them into communion restored them to their Churches and writ to the Easterne Bishops whom he rebuked for deposing them but we must alwaies remember that they were Arrians and persecuters and that the controversie was not betweene parâ—ie and partie If Bellarmine deny it or if he answer that wee must looke here onely to the forme of proceeding which was ordinary we will take him at his word and presently oppose unto him the authoritie of his owne author who saith that these Bishops so soone as they had received the Popes letters framed him an answer full of ironyes and threats That they confessed as hee said that the Church of Rome was the principall as that which was the prime of the Apostles and the Metropolitane for pietie ever since the beginning howbeit thoâ—â— which planted Christian religion there came first out of the East but they were displeased that he should thinke they were inferiour to himselfe because his Church was of a greater lustre though they excelled him in virtue and sanctitie of life They objected also against him as a crime that hee had communicated with Athanasius and the other Bishops and that they could not endure to see their sentence made invalid by him as if it were by a Councell So that what he did was by way of abuse and usurpation and not by right 11 The second example is of that Appeal which he saith was made to Pope Leo the first from the second Councell of Ephesus by Flavian Bishop of Constantinople and Theodoret Bishop of Quars It is easie to make it appear thâ—â— tâ—is was not so For first it is plaine from the Acts that the Appeal was put in â—imply by the word Appello without mentioning whither Secondly the appellants presented a petition to the Emperours tending to this effectâ—â—hat they would be pleased to referre the cause unto a Councell Thirdlyâ— the Councell passeth the judgement upon the case of the Appeale And fourthly the Pope himselfe was condemned by that Synod He was one of the plainâ—ifes against Dioscorus the Head of it Whereupon it was said to his Legats by the Presidents of the Councell of Chalcedonâ— That they being accusers could not bee judges Pope Nicholas the first testifies that Dioscorâ—â— was not so much condemned for his heresie as for daring to passe sentence against the Pope To what purpose then had it beene to appeale to him seeing hee himselfe was condemn'd and was a plaintife 12 The third example is of an Appeal made to Pope Iâ—nocent the first by Iohn Chrysostome who was deposed by a Councell as it is testified by Pope Gelasius But he makes us sometimes beleeve that they as other men will be sure to let us have the best in the packe when their owne greatnesse is in question Sozomen is more to bee credited in this point than hee who relating the fact saith not a word that comes neare to any such Appeale Onely hee tells us that Chrysostome was deposed by a Councell of Chalcedon not the Generall but another that Pope Innocent having notice of the fact condemned it that is was displeased at it and disallowed of it That which followes confirmes this exposition that hee tooke paines to get a Generall Councell called that hee writ some consolatorie letters to Chrysostome and the Clergie of Constantinople where he was Bishop Amongst other things hee saith But what remedy can wee apply to it for the present There must of necessitie bee a Synodicall judgement So I have said a long time that wee must assemble one And accordingly hee sent five Bishops and two Priests of the Church of Rome to the Emperours Hâ—norius and Arcadius to intreat a Synod of
are wee suppose you know very well how the partisans of Donatus of their owne proper motion accused Cecilian then Bishop of Carthage before that ancient Emperour Constantine And he afterwards addes that the Emperour made an end of that Episcopall cause after he had the hearing of it 7 The Emperour Constantius having judged of the great impietie of Actius sent him presentlie into banishment and commanded that he should be carried unâ—o a certaine place of Phrygia saith Theodoret. The forme of proceeâ—ings is set downe by Sozomen a little more at large from whence we learne how Honoratus governour of Constantinople was first elected and deputed to proceed to the judgement of that Deacon and how the Emperâ—ur himselfe tooke it afterwards into his own hand While these twentie Bishops sent from both Councels were at Constantinople together with some others who met there occasionally power was first given to Honoratus whom the Emperour had appointed governour of Constantinople to judge the cause of Aetius in the presence of the Counsellours of the great Counsell But Constantius afterwards having taken the same cause into his cognizance together with the Magistrates Aetius was found to thinke amisse of the faith insomuch that both the Emperour and the rest were greatlie offended with his words full of blasphemie 8 Saint Augustine intreats Apringius proconsull of Africa and Marcellinus the tribune to condemne certain Clerks partisans of Donatus to a more gentle punishment than they had deserved acknowledging them for Iudges in Eâ—clesiasticall causes He speaks thus unto the Proconsul interceding for his enemies Why will you not mitigate your sentence seeing it is lawfull for Iudges so to doe even in other causes which doe not concerne the Church And a little after When their enemies are too mildlie proceeded against men are wont to appeale a Minori Wee love our enemies so well that if we had not a good opinion of your Christian obedience we would appeale from the severitie of your sentence This is spoken by a man which approved their jurisdiction otherwise hee would have said they had nothing to doe to judge of the controversie 9 The Emperour Gratian granted a commission to Sapor one of his chief officers to eject the Arrian Bishops out of their Churches and replace the Orthodox in them according to the law which he had made By virtue of this commission Sapor judged of the difference which was betwixt Paulinus Apollinaris and Meletius in point of Religion deposing the oâ—e and establishing the other Sapor saith Theodoret being appointed Iudge of those matters which were urged on either side adjudged the Churches unto great Meletius Paulinus remained Bishop and Pastor of those sheep whom he had formerlie separated from the rest and Apollinaris being rejected from the government of the Churches begun openlie to publish that doctrine which hee had latelie invented and declare himselfe the head of that sect 10 Maximus the Emperour of the Gaules received the appeale which was put in by Priscillian Bishop of Spaine from the Councell of Burdeaux to whom hee had committed the judgement of him Hee deputed Euodius one of the governours of his Provinces Who after he had heard Priscillian in two judgements hee being convinced of the crime was by him pronounced guilty and sent to prison againe till such time as he had certified the Prince of him The processe being related at Court the Emperour was aminded that Priscillian and his complices should bee condemned to death 11 Sometimes the Emperours themselves or their Officers proceed to the judgements and condemnations of Clergymen with Councels called for this purpose by the authoritie of the same Emperours So Elpidius and Eulogius Magistrates and Officers were commanded by Theodosius to assist at the second Councel of Ephesus where the condemnation of Eutiches was controverted Their Commission runnes thus To be present at the judgement and to take order that a speedy and pertinent proofe be made by the Synod and sent to the Emperour Those who had beene Eutiches his Iudges before being now present but not Iudges 12 Wee read in the Acts of the Councell of Chalcedon of a petition put up by Eusebius Bishop of Dorylea directed to the Emperours Valentinian and Martian where hee intreats them that they would grant the cognizance of the injurie which had beene done unto him by Dioscorus Bishop of Alexandria unto the second Councell of Ephesus and of the death of Flavianus Bishop of Constantinople whereof the same Dioscorus was accused at the Synod of Chalcedon To the intent that it may heare us these are the very words and also Dioscorus and report unto your pietie all that passeth that you may doe in it as it shall please your clemencie Wee read there also another petition of Savinian Bishop of Lesina exhibited unto the same Emperours whereby they are intreated To command that his cause may bee examined in their presence it was so in the presence of the Officers and Magistrates who passed sentence upon it in full Councell ordaiâ—ing that Savinian should continue in his Bishoprique yet with a Proviso Which was agreed unto by the whole Councel Where it is to bee observed that these Magistrates first judged of the cause and pronounced the sentence and afterwards asked the Fathers of the Councel whether they liked it or no. The holy Synod say they having heard what sentence wee have past let them say whether they decree the same or whether they be of another opinion The holy Synod said There is nothing more just nor more upright 13 In the third booke Iuris Graeco-Romani in the first tome we read this Decree concerning the deposition of a Bishop Iohn Amathunt Bishop having been depos'd by Iohn Archbishop of Cyrus and the Decree of that deposition having beene read at the Emperours tribunall having found that he was depos'd by fifteene Bishops and one Archbishop the most holy Patriarch Luke with the assistance of his Synod and the Senate there present ordain'd that such deposition was invalid and of no account because the whole Synod of the Church of Cyprus was not assembled 14 Sometimes the Emperours confirmed the sentence of the Synods containing such condemnations As Iustinian did that of Anthemius Archbishop of Constantinople and of some others deposed by a Synod of Constantinople And that because those condemnations were found to bee invalid if they were not fortified by the Emperours to whom such jurisdiction did properly appertaine Iustinian after hee had made the confirmation aforesaid saith If there bee any other thing contained in the sentence of the most holy Bishops which deposeth and anathematizeth the persons aforesaid wee also ordaine the like more firmely and with more continuance and wee make it of force by our Imperiall lawes just as if it had beene a thing done by our owne command 15 The Popes have so farre beleeved and holden for certaine this jurisâ—diction of Emperours
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
whither it was adjourned by reason of the plague was â—o free place for them all Then hee prosecutes the narration of the â—arman warres now lately begunne So then the Pope makes warre on the one side and keepes a Councell on the other this is truly and without a figure to beare St. Pauls sword and St. Peters keyes The first Session upon the first of May and the â—econd upon the first of September 1559. were onely for Ladies for there was nothing done King Henry set forth an Edict at the same time dated the third of September in the same yeare containing a restraint of transporting gold and silver to Rome where he sets downe at large the occasiâ—ns of the war of Parma begun by the Pope and amongst other things he saithâ— Which holy father upon a suddaine fit of choler had caused a certaine company of men of warre both horse and foot to be levied and set forth and also enticed and perswaded the Emperour with whom we were in good termes of peace and amity to take armes to aid his forces in the designe of the recovery of Parma and after hee had harrased and laid waste all things wheresoever he pleased in the Countrey of Parma he caused his said forces to march towards the territories of Miâ—andula which hath for a long time even during the life of our late most honoured Lord and Father been in the knowne protection of the crowne of France which hee beleaguered using most incredible and inhumane cruelties towards the inhabitants of the said territory yea such as barbarians and infidels would not have used the like giving the world to know very stoutly that he meant them to us who have not deserved any such thing at his hands or the Holy See 6 There were six Sessions holden in the time of that waâ—â—e the two wee spoke of and foure more in two whereof the most materiall points of faith of manners and Church discipline were discussed and determined as those of the blessed sacrament of the Eucharist Transubstantiation the sacraments of Penance and Extreme Unction as also about the jurisdiction of Bishops where many blowes were strucke at the liberties of our Gallicane Church and the rights of the Crowne Now the warre continued all the time of these Sessions without any intermission for there was no respit of peace save in May 1552. what time the said King put forth another Edict derogatory to the former whereby he licensed the transporting of gold and silver to Rome Wherein he saith Our holy father the Pope having now of late made knowne the love and affection which his Holinesse beares continually towards us by good and honest demonstrations c. But the Sessions we mentioned were ended before this for the fourth of them was upon the 25. of November 1551 and for the two following they did but bandy for balls in them for they treated of nothing but the safe conduct of Protestants aâ—d the suspension of the Councell Now the writing sent by the same Prince to all the States of the Empire February the third 1552. witnesseth that during those Sessions all was on a fire where after he hath laid downe the originall and progresse of the warre of Parma and laid the blame of it upon the Pope and the Emperour whom he impeacheth also of other things he profers his helpe and assistance to the Princes of the Empire We offer saith he of our free and princely pleasure meerly to deliver the German nation and the sacred Empire from that servitude wherein it now is to gaine thereby as Flaminius did in Grece an immortall name and everlasting renowne 7 From this time till the beginning of the yeare 1560. our Councell did starke nothing what time Pius the fourth so soone as he got into the chaire sent forth a declaration for the continuation of it against Easter day the next yeere this Bull was dated November the nineteenth or as some copies have it December the thirtieth 1560. The first Session was the eighteenth of Ianaury 1562. the last December the third 1563. during which time there was nothing but troubles and turmoiles in France so that those of the religion there have good reason to say that nothing could then be passed in the Councell to their prejudice they being debarred of the meanes of going thither It is plain first from the Edict of pacification in Ianuary 1561 that at the time of the calling it there was a great deale of stirre in France and that they had something else to thinke of than of making ready to goe to the Councell For it is said at the beginniâ—g thereof It is too well knowne what troubles and seditions have beene heretofore and are daily raised abetted and augmented in this Kingdome by reason of the badnesse of the times and the diversity of opinions in point of religion which now reigneth This Edict thus made for the good of the Country it was requisite to sue for the publication of it by reason of the difficulties raised against it by the Court of Parliament this hung on till the sixt of March in the same yeere what time the publication was made in some kinde by constraint witnesse those words Obeying herein the Kings pleasure without the approbation of the new religion and all by way of caution Yea more six dayes before upon the first of that moneth was the execution done at Vassy against them of the religion which impestered this Realme in more troubles than ever The Duke of Guise making his party the strongest at Court The Prince of Conde being retired to Orleans which they went about to reforme quickly after in April next So that King Charles set forth a declaration upon his former Edict where he saith towards the beginning Whence it is the more strange that some of them are now risen up in armes and have assembled themselves in great number as wee see in sundry places and namely in our City of Orleans under pretence of a certaine feare which they say they have least they should bee debarr'd the liberty of their conscience and the enjoying the benefit of our Edicts and ordinances in that behalfe 8 They had reason to be afraid lest their consciences should be rifled in such sort as were those of Vassy About the time of the first Session all was in an uproare in this Realme and there was nothing setled concerning the peace as may be gathered from an answere made by the Quâ—ene mother to Mounsieur the Prince of Conde dated the 4. of May 1562 where amongst other things it is said In regard of the violence oppressions murthers and outrages committed since the edict and in despight of it both by the one side and the other her Majestie will cause such justice to be done and amends to be made as the case shall require both for publick satisfaction and also private to such as have received any wrong And also from an edict set forth by
put up certaine articles in some points agreeing with these but in number farre more Which they imparted to Mr. Francis Cheregat Pope Adrian the 6 his Legat upon the declaration which he made unto them in the behalfe of Adrian that for appeasing differences in religion and reforming of abuses a free Councell should be called He departing sooner than any man expected it was decreed to send them to the Pope to the end that he might be provided for their just demands at the time of the Councell Amongst other things they complained against the forbidding of meats and marriages at certaine times of those mercenary dispensations whereby all that great rigour was remitted for a little money against the abuse of indulgences by which meanes Germany had been polled and impovâ—rished sinnes remitted as well future as by past soules delivered out of purgâ—tory remedies applyed to all diseases by promising the assistance of some particular Saint against the weakening of ordinary jurisdiction by drawing all to Rome and that at the suit of Lay men nay the utter extirpation of it by the Popes granting of Conservators or sending of Commissaries Against the exemptions and immunities granted to certaine monasteries by the Popes the entrenching upon the right of advowson the usurping of the benefices of such 〈◊〉 dyed in the Court of Roâ—â— or in the way thither the tricks that are used to hook in the benefices of such as converse with Cardinals by pretending that they are of their table nay even such as never were in the Court of Rome under colour that they were officers either of the Popes houshold or of his Court the many suits that are commenced in the Court of Rome about benefices even against those that have quietly enjoyed them for many yeers who by reason of their age and indisposition of body are enforced to condescend to some injust conditions to allow pensions reversions and such like charges Against the cautions that are put in at Rome for all kinde of benefices the collation whereof doth of right belong to the Ordinaries Against reservations for the future conferring of benefices upon strangers at Rome and ignorant persons as also the bestowing of Abbacies Priorships and other Ecclesiasticall dignities to bee holden in commendam against the impunity of Clergy men by reason of their priviledges Excommunications for petty matters and that even for the fault of neighbours which they cannot avoid Against the interdicting of a whole towne or townes upon the murther of a Clerk Against the excessive number of Holy dayes Against the abuses and attempts of the Clergy in poynt of jurisdiction almost in all causes and occasions to the prejudice of the Laity As also the abuse in excommunicating Lay Iudges whereby they compell parties to compound because they cannot have justice Against the abuses committed by the Popes Legats and the County Palatines of his institution And other things of this nature which it were too long to set downe 5 The Oratour of Albert Duke of Bavaria according to his masters command was very earnest for the marriage of Priests and the râ—storing of the cup and for the former hee first tels the occasions before he â—â—kes his demand In the last generall visitation saith he overall Bavâ—ria whoredome was found so frequent that scarce three or foure of an hundred but were either common whoremongers or privatly mâ—rried or else pâ—â—â—â—quely And hee afterwardâ— addes Men of judgement and disâ—râ—tion who have moâ—e neeâ—ly and â—xactly examined these things are of opinion â—hâ—t to supply tâ—e scarcity of a learned Clergy it will be very â—â—rd to mâ—ke â—p so many as to suffice for divine service especially at this time by any other meanes â—nleâ—â—e it be by admitting unto holy orders such married men as have learning and ability to instruct others as it was accustomed in the Primitive Church esâ—â—â—iâ—lly â—hat they may preach the Word of God For the other point heark wâ—at he saith There are not a few that depart from us and side with those sectaries that stand for the defence of both kinds being of opinion that the Word of God is expresse for communion under both kinds but for one kind only not a word Whereto we mâ—y adde that the use of both kinds is frequent and evident not only in the Primitive Church but in all the Easterne Churches at this day yea the Church of Rome it selfe was not exempted anciently from this custome as may be easily proved by divers testimonies of History Lastly after many discourses upon this subject he concludes 6 That the most experienced and wisest Catholiques thinke that the people who are puffed up with a desire of innovation cannot be kept in obedience to the See Apostolique nor diverted from a separation to which they are inclining unlesse holy orders aud licence of preaching be conferred upon chast married men to take away the liquorish custome of keeping Concubins and also the use of both kinds be allowed to appease the minds of the incensed multitude He goes yet further and shewes that there is somewhat to bee reformed in matter of opinion and doctrine which notwithstanding he will not meddle with till such time as this entrance upon a reformation be brought to some issue considering the jealousie he hath least that designe might breed some trouble But when this is done saith he it will be then full time when all things shall bee at quiet amongst us to enter upon a more solid consideration of doctrines and opinions Now what manner of consideration that must be if it be for the good of the Catholique religion my most Illustrious Prince is not peradventure the only man that knows but is plainly perceived by the common voice and that not to bee slighted of devout Catholiques concerning this point And if so bee that his Holynesse opinion bee demanded herein hee could without much entreaty informe what hath beene any way treated of concerning this matter 7 Many more requests and demands were put up aswell by the Ambassadors of the forementioned Princes as others which wee cannot at this present seâ— downe because wee have not the Acts by us And it is farre from our intention to speak any thing without proofe We may here adde the consultation which was made when the Councell was talked of at the commandement of Pope Paul the third 1538 by the Cardinals and other Ecclesiastiques in number nine deputed for that purpose to advise him what was best to be done about the reformation of the Church In which Act they say expresly That all the discords abuses and diseases now reigning in the Church which hath brought it almost past hope of recovery proceed from the Pope and Court of Rome and that conceit which their flatterers have buzzed into them that they may do what they will that they are the Lords of all benefices that it is impossible for them to commit Simony considering that the proprietary may lawfully sell what belongs
the Councell of Ephesus but of that of Alexandria which was holden by Cyrill Besides the Pope sent his Legats to Ephesus in number three to supply his place which he would never have done if hee had taken Cyrill to have been there in his stead It is true moreover that Cyrill who would have â—ad it so in opposition to Nestorius to gaine himselfe the more authority at Ephesus during the time of that Councell did serve himselfe of that substitution which had beene formerly granted unto him But this makes nothing at all for the Popes consent to the calling of the Councell which is the point now in question 25 Bellarmine flies to the authority of a Chronicler to prove the Popes consent Prosper saith he shewes in his Chronicle that the Councell of Ephesus was holden by the industry of Cyrill and the authority of Celestine Vnder correction hee never thought so The yeere 431 speaking of the heresie of Nestâ—rius who taught that our Saviour Christ was borne of the Virgin Mary not Godâ— but meere man This impiety saith hee was principally opposed by the industry of Cyrill Bishop of Alexandria and the authority of Pope Celestine There is no mention of the Councell of Ephesus But at the yeere 434 in these words The Synod being assembled at Ephesus of above 200 Bishops Nestorius was there condemned and that heresie which tooke the name from him There is nothing there for the Popes consent Martinus Polonus would have afforded him a more favourable testimony for hee saith that the Synod of Ephesus was assembled by the commandement of Pope Celestine and Theodosius the younger But what can an upstart Historian who writ not till 250 yeeres afterwards testifie against so many Acts Bellarmine knew that well â—nough 26 Nor doe wee finde that the Emperours Valentinian and Martian asked the consent of Pope Leo for the calling of the Councell of Chalcedon In the first Act whereof it is said That a Synod was held in Chalcedon the Metropolitane of Bithinia by the Decree of the most devout and faithfull Emperours Valentinian and Martian The Emperour Martian witnesseth as much himselfe in his constitution for the confirmation of the Councell For saith he whosoever dare call in question and publiquely dispute those things which have beene once judged and well determined hee wrongs the reverend Synod forasmuch as those things which were agreed upon concerning the Christian faith by the Clergy assembled in Chalcedon by our command were determined according to Apostolicall expositions c. And Martinus Polonus saith The fourth Synod of Chalcedon consisting of six hundred and thirty Bishops was holden by the industry of Pope Leo and the command of the Emperour Martian No body denyes but that Councell was assembled by the industry of Leo who was a solliciter for it but those Emperours were so farre from desiring his authority and consent that on the contrary hee used earnest prayers to Theodosius for the obtaining of the Councell bestowing tears to that end which hee said were shed for his Clergy using withall another mans favour in his suit 27 After the death of Theodosius Valentinian and Martian were more favourable unto him they granted him a Councell after they were petitioned by his Ambassadours Martian writ a very honest letter unto him wherof Bellarmine now serves himself to prove that the Popes consent is requisite to the calling of Councels The Emperour saith hee intreats the Pope to come and hold the Councell There is no such intreaty but only these words It remaines that if it please your Holynesse to come into those parts to celebrate the Councell you would be pleased to doe so out of religious affection The Pope by his letters and by his Legats desired two things that a Councell might be kept and that it might bee in Italy the first he obtained the second was denyed him True it is that Martian qualified the denyall with faire words as that If hee would not be present at it hee would tell them so to the end that they might call the Bishops unto that place which should be pitcht upon to provide for the Christian religion and the Catholique faith by their decision as your Holynesse shall determine according to Ecclesiasticall constitutions I finde no other consent to the calling of it but such as stands with a petitioner Indeed seeing he desired it and that in such manner as we have said it follows that he consented unto it but diverse other Bishops have the same plea that he hath in asmuch as divers times they became petitioners to the Emperours for the holding of Councels 28 Bellarmine urgeth a letter written by certaine Bishops of Bursia wherin they say That many holy Bishops are assembled in Chalcedon by the command of Pope Leo. But it is a hard case that he would rather trust those poore ignoramus's whom the distance of place and inexperience of affaires doth in some sort excuse than the truth of the Acts. Considering withall that these Bishops speake more in this point than hee would have them for he standeth only for the Popes consent and they ascribe unto him the command Why doth not hee speake as they doe If they be mistaken in the command why should we beleeve them about the consent especially seeing they never speake of it 29 Afterwards he descends to domestique testimonies as to Pope Gelasius his Epistle to the Dardan Bishops where he saith That the Apostolique See by her sole authority decreed that the Councell of Chalcedon should bee holden Decreed it indeed but with prayers intreaties and teares with much passionate importunity to the Emperours See wherein that authority consisteth see how the Popes would make us beleeve it 30 The same question is concerning the Councell of Sardis to the convocation whereof Bellarmine pretends that the Popes consent was required and that by Emperours themselves Hee takes a great deal of paines to fight against the truth which hee hath obscured but not extinguished Wee can easily evidence to the contrary Then saith Socrates there was a Generall Councell appointed that all should repaire to Sardis a City in Illyriâ—m and that by the will and pleasure of the two Emperours the one by his letters requiring it the other who governed in the Eastâ— freely condescending unto it The Bishops of the same Councell in their letters to all the Churches speake on this manner ofâ—ardis â—ardis Let us heare whâ—t Bellarmine urgeth to the contrary hee brings a passage out of Socrates where he saith That the Easterne Bishops lay the blame of their absence from the Councell of Sardis upon Pope Iulius because the time allotted them for their comming was too short Whence it follows saith hee that the Councell was not called by the Emperour alone but by Pope Iulius also yea and that principally by him But hee mistakes himselfe in his inference Pope Iulius was deeply ingaged for Athanasius hee had written in his
made no reckoning of the common salvation the Emperour therefore as the protectour of the Church would take the charge of it 7 As for our Kings wee need not doubt but they had the same authority considering they had power to dissolve Councels after they had assembled them So Lewes the 11 was used to doe witnesse Iohn le Maire Vpon a time saith he King Lewes the 11 assembled the Gallican Church and all the Universities together in a Councell in the Citie of Orleans aswell the better to understand the substance of the said Pragmatique Sanction as also to take order for the Annates of Church livings By which exaction the extreme greedinesse of the Court of Rome did vex and impoveâ—ish the Realme of France by raking up every yeere a marvellous great summe of money The President of this Councell was the late Monsieur Peter de Bourbon Lord of Beajeu But as soone as ever the points were brought in question in came the King who had altered his resolution and ere any other conclusion was determined hee gave every man leave to depart Saying that he would call them to Lions hereafter Which was never done CHAP. X. That it belongs to Emperours and Kings to prescribe the forme to Councels both for persons and matters and other circumstances 1 THe Emperours Theodosius and Valentinian writ to Cyrill Bishop of Alexandria to bring with him unto the first Councell of Ephesus certaine other Bishops out of his Province namely such as hee should thinke fit and able men The same Emperours enjoyned Dioscoruâ— Bishop of Alexandria by virtue of their letters to take unto him to the number of twentie Bishops eminent for their faith and learning and to bring them along to the second Councell of Ephesus which they had called to be holden upon the first of August It pleased the Emperour Constantius saith Sozomen to call a Councell at Nicomedia a Citie of Bithynia and to cause such Bishops of every nation as should there bee found fittest to consider of things wisely and sufficient to apprehend and argue subtley and learnedly to repaire thither with all diligence upon a day prefixed who might represent unto the Synod the whole Clergy of their severall provinces 2 They allowed also whom they pleased to go into Synods So by the Emperour Martians command there were certaine Priests and Monkes of Egypt brought into the Councell of Chalcedon Notwithstanding all opposition to the contrary they proposed what points should be disputed and prescribed what matters should be treated of The Emperours Constans and Constantius gave the Councell of Sardis leave to dispute questions and examine things anew without standing to what had beene therein already determined by former Councels So the Bishops of that very Councell assure us in those letters which they sent to Pope Iulius There were three things to be handled for the most religious Emperours gave us leave to dispute anew of all that had beene formerly determined and especially of the holy faith and integritie of that truth which they had violated 3 Iustinian did the like at the fift Generall holden at Chalcedon Martian forbade that of Chalcedon to dispute any otherwise about the nativitie of our Lord and Saviour Iesus Christ than according to the determination of the Councell of Nice The Emperours Theodosius and Valentinian writ to the first Councell of Ephesus how they had sent Candidianus their Ambassadour to the Councell to whom amongst other things they had given this in charge to see that no other question were proposed till such time as the controversies then a foot were first decided Anâ— accordingly doe the Bishops of that Councell speake in their letters to those Emperours Wee being assembled at Ephesus for no other cause than to consult and treat of the faith according to your holy Edict 4 Our French Councels afford us very pregnant proofes and presidents hereof for in the most of them our Kings caused them to consult about such points as they proposed and did often call them together of purpose to take then advice in doubtfull cases King Clovys sent certaine heads or chapters unto the first Councell of Orleans which himselfe had called there to bee discussed Which being put in execution accordingly by that Synod the resolutions were sent unto him by the Synod and submitted unto his judgement 5 King Guntrand called a Synod at Mascon chiefly to make a decree against those that travell upon the Sunday which hee confirmed afterwards by his Edict directed unto the same Synod We will and command saith hee that what we here enjoyne by virtue of this Edict be from henceforth inviolably observed inasmuch as wee have caused those things which wee now publish to bee determined as you know and juâ—ged at the Councell of Mascon 6 Carloman who is called Duke and Prince of the French assembled a Councell in France anno 742 the place wee know not to take advice of it How he might reestablish the law of God and religion which had been trodden under foot and overturned in the time of his predecessors and by what meanes Christian people might compasse their salvation and not suffer themselves to be seduced by false Priests 7 The Emperour Lewes the Gentle made an exhortation at the Councell of Aix in Germany which hee had there assembled when he came into it wherein hee advised the Bishops to take a course with some things which hee then proposed and which stood in need of reformation hee prescribed also a certaine forme unto them which they were to follow and which was applauded by the whole Councell 8 The same Emperour having by his authoritie caused a Councell to be assembled at Pavy he sent certaine points unto them commanding them to deliberate upon them and that with this clause We send these chapters unto you to consult upon them and let us know your advice for some things of lesser moment which concerne the generall yet so as they touch upon some mens particular and stand in need of reformation wee will that you pasâ—e your sentence upon them and send it to us afterwards 9 The Emperours Lewes and Lotharius called a Synod at Paris anno 824 to deliberate upon the point of images So say the Bishops there About the businesse which your Pietie commanded us namely about the case of Images 10 The same Lewes and Lotharius his sonne proposed likewise certaine heads or Chapters to another Councell by them assembled at Paris in the Acts whereof the Bishops addressing their speech to the Emperours do say Your Serenitie hath collected all that seemed worthie of correction at this present into certaine heads Vpon which heads they did deliberate 11 Lewes the Grosse having called a Councell at Estampes he made them consult whether he should acknowledge Pope Innocent who was fled into his Realme or no. And upon the advice there taken he approved of his election and
did acknowledge him 12 Charles the sixth having called a Councell at Paris the yeare 1398. to consult about the schisme which then was betwixt Boniface the ninth and Benedict the thirteenth He would not suffer the Archbishops and Bishops of Rhemes Roan Sens Paris Beauvis and some others to assist there because they were Benedicts partizans by reason of the great courtesies they had received either from him or his predecessour 13 The Bishops of the fourth Councell of Toledo use this preface which is very remarkable Wee being assembled in the Citie of Toledo by the care and diligence of King Sisenand to treat in common of certaine points of Church discipline according to his injunctions and commands Wee will conclude this Chapter with a passage of Marsilius Humane lawgivers saith he are bound to chuse out fit men for the keeping of Councels and provide necessaries for the defraying of their charges to compell such as refuse to come thither provided they be able men and have beene chosen whether they be Clergymen or others CHAP. XI That the presidence in Councels belongs to the Emperour and Kings as also the judgement 1 THe calling of Councels doth not onely belong to Emperours and Kings but also the presidence and judgement in them Constantine the Great was president in that of Nice So Pope Miltiades testifieth in Gratians Decrees Valentinian Theodosius and Arcadius the Emperours doe confirme it in the same Decrees Constantine the Emperour say they presided in the holy Councell of Nice c. The reasons which are urged to the contrary are too weake to disprove these authorities as when it is objected that Constantine would have sit upon a low seat in token of humilitie that he would not be judge among the Bishops but professed that he ought to be judged by them that he would needs subscribe unto the Acts in the last place It is not good to use so many complements with Popes that which is given unto them of courtesie is taken as of necessity This yeelding hath made them soar so high that if this Councell bee received wee must talke of greater mâ—tters than kissing their pantofle If they who defend the Popes cause so stoutly refuse to beleeve their Canons at least without a dispensation what others will doe judge you St. Ambrose his authoritie which is further added is of no more force than the rest Constantine saith he would not make himselfe judge but left the judgement free to the Clergy Wee must distinguish betwixt the function of a Iudge and of a President They would have made him Iudge of the Bishops crimes that hee would not doe this is nothing to the Presidence we shall speak of it elsewhere The saying of Athanasius is the most pressing of all in that complaint which hee makes against the Emperour Constantius who would have been President and Iudge against him in the Councell of Milan yea and that so as to condemne him The condemnation was indeed injust but O how passion blinds us in our owne cause the good man to prove the nullity of the judgement urgeth amongst other things that it cannot bee a lawfull Councell wherein a Prince or any other Lay man is President For saith hee if it bee a judgement of Bishops what hath the Emperour to doe there Hee exclaimes mightily against such Presidence but all because hee was condemned there If hee had beene acquitted he would have beene sure not to have said mum to it Hee condemnes in this what hee approves in a like case for when hee was deposed by the Councell of Tyre he had recourse to Constantine he presents himself before him to make his complaint and was a meanes that the Emperour sent to seeke all the Councell to render a reason of that action of theirs If a man should have said then If it be a judgement of Bishops what hath the Emperour to doe with it What would Athanasius have answered 2 The grand controversie in point of religion betwixt the Catholique Bishops and the Donatists which was spred over all Africa was decided at Carthage by Marcelline one of Honorius the Emperours Officers after a long dispute in his presence Read all the books and you shall never finde that ever they complained of him Nay on the contrary St. Austine who was one of the disputants to testifie his gratitude for his just sentence dedicated his books De civitate Dei unto him Pope Nicholas admittes them unto Councels when points of faith are there handled yea and all other Lay men too without distinction whether it be to judge or to preside there 3 If a man will suppose mee here an ignorant Prince it would bee a very great indecorum for him to engage himselfe in such matters as these and hee had better forbeare yea and just so had a Bishop too But if the Prince have learning and ability what reason is there to exclude him It would indeed suit better with the dignity of his person to let disputing alone to the Bishops yea and the ordering of the whole action to some one of them or other such as hee shall thinke fit alwayes reserving to himselfe the Presidency with the determination confirmation and putting in execution the Decrees after hee hath seene and considered of them It is no jesting matter when salvation is in question a Prince hath as deep an interest in this as a priest But let us hold on our course 4 Zonaras testifieth that the Emperour Theodosius assisted at the first Councell of Constantinople and therefore wee may inferre that hee was president of it for wee read of no other that tooke that place upon him as we shall say elsewhere As for that of Ephesus Theodosius the younger sent Candidianus one of his Officers to preside there but with a limited commission having first charged him not to intermeddle with questions and controversies of divinity And this is the reason why Cyrill the chiefe in dignity of all the Patriarchs who were there in person is by some authours called the President of that Councell 5 Dioscorus Patriarch of Alexandria did preside at the second Councell of Ephesus by authority from the Emperour Theodosius This we collect out of the first Action of the Councel of Chalcedon where the Iudges that were presidents say How the Right reverend Bishops to whom at that time that is at the time of the Councell of Ephesus by the Emperours clemency authority was given over such things as should bee there treated of give a reason why the letters of the most holy Archbishop Leo were not read yea and when it was interposed that they ought to bee read Dioscorus the Right reverend Bishop of Alexandria made answer The Acts themselves beare witnesse how I did twice interpose that they might be read This is further confirmed by Evagrius in his Ecclesiasticall History 6 Bellarmine thinks he hath given us very good content by saying
defend himselfe from an ignominious authoration and to procure the repeale of those anathema's which vexed his soule how ever unjust he was compeld to disclaime his rights 17 Now this force and necessitie appears by that testimonie of Otho Bishop of Freisinger Wherefore saith he the Empire being dismembred and broken many wayes the Emperour perceiving that the King revolted from him because of the anathema pronounced against him and fearing his fathers example having called a great assembly of Princes together at Wormes hee resigned the investiture of Bishops to Lampert Legat of the See Apostolique The revolt against him was such that his owne nephewes did abandon him saith the Abbat of Vsperge who addes these words the true tokens of this violence He surrendred Ecclesiasticall investitures unto the Church and all other spirituall matters which the Empâ—rours of Germany had so long managed and which hee had purposed for the not impairing the honour of the Empire never to forgoe so long as he liv'd No man can say but an injust anathema is an unlawfull force a violent impression and what is done by occasion thereof is lyable to restitution 18 The termes of this surrender doe elsewhere shew it to be personall and that it layes no obligation upon his successors It is the exposition which was put upon it in those dayes witnesse the same Bishop of Freisinger This priviledge therefore is set downe in writing for the Church and it is granted to him by way of exchange by the Pope that those who shalâ— be elected as well on this side as you side the mountaines shall not be consecrated Bishops till they have received the Royalties from his hands and by the Scepter Which the Romans say was granted for quietnesse sake and to him onely not to his successors Seeing by their confession the compact is no more but personall for as much as concernes what was granted to the Emperour by the same reason they must acknowledge it is just so in regard of what was granted to the Pope 19 So the Emperours which reigned after him complain'd of injustice even Lotharius the fourth the successor of the same Henry against Innocent the second witnesse the Abbat of Vsperge At this time saith he the Pope went to finde the Emperour at Leiege demanding assistance and favour of him against the said Peter and his abettors but the Emperour having taken advice what hee should answer begunne to redemand of the Pope the investitures of Bishopriques which the Emperours had enjoyed for a long time before The same was done by Otho the fourth Which a German Historian signifies unto us by these words speaking of the dissention of that Emperour and Pope Innocent the third As for the Pope saith he the reason of it might bee because the Emperour redemanded the ancient imperiall rights over Italy some whereof had beene lately transfer'd unto the Church But Marsilius of Padua affirmes it more clearly speaking also of the Emperour Frederick the secondâ— Otho fourthâ— saith hee and Frederick the second when they would have repealed it may be for lawfull causes these grants and priviledges he speaks of Investitures or indeed repealing them absolutelie or in part they endured many plots persecutions and impediments from the Clergy and Bishops of Rome 20 As for those Councels which were the cause of this renunciation and pronounced the Emperour anathema depriving him of Investitures it must be observed upon what grounds they stand They deprive an Emperour of the right of Investitures without hearing him without summoning him See here an injustice They condemne Investitures as hereticall they condemne then Pope Adrian the first and all his Councell of heresie who granted them to Charles the Great Leo the eight and his Councell who granted them to Otho as also all other Popes who tolerated them yea even those who approv'd them of whom we have spoken already 21 And upon this point we must heare what our good Bishop of Chartres that great Pope-Monk saith who is much troubled to defend this condemnation of heresieâ— and implication of horrible contradictions For in his epistles making answer to Iohn Archbishop of Lyons who reprehended herein the fathers of this Councell of Vienna Whereas saith he you reprehend those that ranke the investitures of Ecclesiasticall dignities made by Lay men amongst the number of heresies it seemes there is no great force in your reprehension For although hereticall errour lodge in the heart as well as Catholique faith yet notwithstanding as we know a Catholique by his Catholique works so wee know an heretique by his hereticall works God hath said by their fruits yee shall know them and every tree is knowne by his fruit And although externall investitures made by Lay men cannot be properly judged heresies yet to bee of opinion and to maintain that they are lawful is an undoubted heresie This is not said with sufficient reason For the Councell saith Investiture is an heresie and he makes no answer to that If it bee an heresie then it follows as wee said that those precedent Popes and Councels that authorized them yea to take in all that is in Ivo's answere that were of opinion they might and ought to bee given by the Emperours were truly heretiques 22 This Bishop makes us behold this heresie of another colour so much paines does he take to defend a bad cause for he judgeth it an heresie in case the Lay man which performes it doe thinke it to bee a Sacrament If any Lay man saith he fall into this follie that he thinks he can administer a Sacrament or a thing belonging to a Sacrament of the Church by the giving and taking of a rod wee judge him an absolute heretique not for his manuall investiture but for hiâ— diabolicall opinion Verily so should a Priest bee too that should beleeve his â—urre his surpleâ—â—e or his square cap to bee a Sacrament And yet hee must not therefore be devested of them In that epistle hee notes no other heresie in investitures but urgeth many reasons to prove they are not so yet notwithstanding he concludes that Princes must be deprived of them Because saith he being performed by Lay men it is an usurpation upon another mans right a sacrilegious presumption Hee speaks thus to maintaine the cause of the Pope and the Councell right or wrong 23 But let us hear what he saith of it formerly when he was in cold bloud in an Epistle of his written to Hugh Archbishops of Lyons As for that which you writ unto me how the said party elect received Investiture into his Bishoprique from the Kings hands wee knew nothing of it nor was it told unto us by any body But although it were so yet considering that hath no force of a sacrament to make a Bishop whether it bee done or not done I doe not see wherein it can be hurtfull to faith and religion yea we doe not finde that by Apostolicall authoritie Kings
before the See Apostolique by Canonicall Constitutions or such as the Pope of Rome shall thinke fit to bee committed or removed upon some urgent and reasonable cause by speciall commission from his Holynesse signed with his owne hand Now hee will alwayes find urgent causes enough to draw the processe to Rome there will never want pretences if hee get but a hole that 's enough how little soever it bee hee will finde meanes to enlarge it And besides who will tell the Pope that the cause is not reasonable That were to make himselfe be pronounced a heretique It is a kinde of Sacriledge to dispute of what hee does yea it is a mortall sinne saith their Glosse upon the Canon law 19 Wee shall here entreat the reader to remember what wee discours'd in the second book touching the Popes attempts in point of justice the miseries that proceed from thence and the great complaints that have beene made of it Wee tumble backe into all these miseries againe by receiving of this Councell The Popes used it formerly by usurpation now they will doe it with some title and so with more licence Wee shall content our selves with setting downe here what was spoken concerning this matter by a whole Councell to wit by that of Basil one of the most famous that hath beene holden in these later daies Divers abuses and intolerable vexations have grown hithertowards whiles many men were very often wont to be cited and called forth to the Court of Rome and that sometimes even for pettie things and were so wearied out with expences and travaile that they thought it more commodious for them to forgoe their right or with great losse to redeeme themselves from such vexation rather than bee at the charges of the suit in a countrey so remote So it was an easie matter for slanderers to oppresse poore men So Ecclesiasticall livings were oft goâ— by wrangling shifts and evasions in the Suit while their meanes were not sufficient for the true owners or others that had right unto them to defray the charges required as well for the journey to Romeâ— as the pleading of the cause there Hence also proceeds the confusion of Ecclesiasticall order when the jurisdiction of the Ordinaries is not preserved unto them The money and meanes of Kingdomes and Provinces are not a little impaired by this meanes and which is a thing acknowledged to bee very harmefull to all Ecclesiasticall Orders those which by reason of their worth were called to the greatest affaires of Christendome were made lesse serviceable in them being too much imployed in the multitude of such causes Such evils and disorders as these gave occasion to the Fathers of that Councell to prohibit all evocations in that kind Which was confirm'd by the Pragmatique Sanction of Bourges in the title Of Causes where the same things are rehearsed CHAP. III. Of giving temporall jurisdiction to Ecclesiasticall persons 1 THis Councell useth such marvellous good husbandrie and carrieth all things so handsomely to its proposed end that at the last reckoning all the world is well appaid except Kings and Princes for whom the springe was set We have seen the Bishops already stript of their jurisdiction and turn'd into their bare shirts Now we shall make it appear that what is taken from them on the one side is restored to them on the other all to the prejudice of Secular powers whose jurisdiction is invaded and usurped upon to the advantage of the Bishop of Rome into whom as into a vast Ocean all these pettie rivers emptie themselves 2 It is a Papall maxime holden for a certain and undoubted truth That all Bishops receive their jurisdiction from the Pope They take an oath unto him else whereâ— and that a very strict one they are bound by this Councel to promise true obedience unto him at the Synods of the Diocese So that there can be nothing ascribed unto Bishops in point of jurisdiction but the Pope hath a share in it as fathers have in the purchases of their children masters of their slaves but their authoritie and power will ever receive some enlargement thereby This preface will serve as a candle to give light unto the interests of Kings and Princes in all the particular cases which shall bee hereafter specified 3 This Councel then to the prejudice of the Secular jurisdiction gives unto Bishops the power of punishing the authours of defamatorie Libels of the printers of them of Sorcerers Conjurers and such like people of those that contract clandestine marriages or are witnesses and assistants at them the cognizance of all causes matrimonial without distinction of all rights of patronage both Lay and Ecclesiasticall the jurisdiction to compell the inhabitants of any parish to allow maintenance to their Parish Priests the visitation of all benefices both Regular and Secular the cognizance of the reparations of their buildings as also the power of sequestring the fruits of the said benefices the power of examining the Kings Notaries and of suspending or depriving them of their office for some fault or crime by them committed the doing of justice upon married Clerks which have their tonsuâ—e in all causes both civill and criminall the punishing of concubinage and adulterie both in Lay men and women the seizing of mens goods and arresting of their bodies causes of Ecclesiasticall jurisdiction and that even of the Laitie Besides this Councell in very many Chapters prohibited all appeals and will have that which the Bishops do to stand without any regard of any appeale to the contrary whatsoever Also it allowes Ecclesiasticall persons to refuse such summons as shâ—ll bee sent out by the Parliaments or other of the Kings judges For the further satisfaction of such as will not content themselves with this bare proposall wee will speake somewhat of every one of these heads for the better clearing of this incroachment of jurisdiction I mean only so farre as concernes the right of our Realme of France 4 Beginning then with the first which is touching defamatorie Libels our civil lawes give the cognizance and jurisdiction thereof to the Iudges and Magistrates not to the Ecclesiastiques Some may bee will except such as concerne point of Religion but this exception is not pertinent and observe this one reason which is sufficient to confute namely that those lawes of Constantine the Great and Constantius which restraine the licence of such Libels were made in a time much like this of ours to wit when divers writings were put out concerning point of Religion against the honour both of one and other Doctour Balduin hath very judiciously observed it It is behoofefull saith hee to remember what manner of times those were of Constantine and Constantius wherein the contentions about Religion not much unlike unto ours gave fire unto the affections of both parties and which afterwards hatched those unhappie calumnies and scandalous