authours of this Councell is confirm'd and authorized by the Councell it selfe which tends wholly to the exaltation of their authoritie and strengthening of their power as shall appeare by such reasons as wee shall urge taken out of their owne writings The maine vow whereunto they are bound by their institution is that of obedience Heark what Loiola their founder saith of it in a letter of his which hee writ in Italian to the Fathers of Portugal Wee easily endure to bee outdone by all other Orders in fastings watchings and other hardnesses which they use in a holy manner according to their institution but in puritie and perfection of obedience I earnestly desire that you would surpasse all the rest with a true resignation of your owne will and a denyall of your owne judgement Now this vow looks full upon the Pope to whom they commit themselves both soule and bodie to bee no more their owne not to beleeve their owne sense their judgement their understanding their prudence and counsell but to dispose of and submit themselves totally to him to goe come doe say execute upon all and against all whatsoever hee shall command them The forme of their vow which I am about to insert shall serve for proofe of my assertion 2 As many as shall make profession in this Societieâ— let them not only know before they make it but remember as long as they live that all this Societie in generall and more particularly those that are professed in it serve God under a faithfull obedience to the most holy Father Pope Paul the third and other Popes of Rome his successours And although we bee taught by the Gospel and doe know by the Orthodox faith and firmely hold that all the faithfull people of Christ are subject to the Pope of Rome as to the head and Vicar of Iesus Christ yet notwithstanding for the greater devotion to the obedience of the See Apostolique and the greater denyall of our owne wils and the more certaine direction of the Holy Ghost wee have judged that it would bee very commodious that every one of us and all those that shall hereafter follow the same profession besides the common tye of the three ordinary vowes bee bound hereunto by a more speciall vow to wit that whatsoever the present Pope and all others hereafter for the time being shall command for the good of soules and the propagation of the faith into what countrey soever they shall please to send us that we be bound to performe their pleasure immediatelie without any tergiversation or excuse for as much as lyes in our power whether they bee aminded to send us amongst the Turks or other infidels whatsoever yea though it bee even unto those that are called Indians or among heretiques and schismatiques whosoever they bee or among Christians Now these missions and delegations must depend upon the Pope alone and next to him upoâ— their Generall And to the end that no ambition nor refusall may take place amongst us by occasion of these deputations and elections of Provinces let every one know that hee need not trouble either himselfe or others about it nor take thought for it inasmuch as all the â—are thereof must bee left to God and the Pâ—pe as his Vicar and to the Generall of the Societie 3 Being obliged unto the Pope by such a vow as this they are bound to doe whatsoever he shall command them And albeit their sense and reason should dictate unto them that his command is injust they are bound not to beleeve them but to referre themselves wholly to him Nay there is yet more that is that it is not lawfull for them to imagine that any errour or impietie or injustice can come from the Pope but all religion zeal devotion equitie and truth Behold their maximes That the Pope cannot erre in matters of faith nor in precepts of manners which are commanded to the whole Church and which consist in things necessary to salvation or such as are of themselves good or bad Item that it is probable and may be piously beleeved that the Pope cannot erre aâ— Pope yea and that as a particular person he cannot be a heretique by beleeveing with obstinacie any errour against the faith See yet a third If any man examine the doctrine of the Pope by the rule of Gods Word and seeing that it is different chance to contradict it let him bee rooted out with fire and sword Afterwards they make a particular enquirie into the life and doctrine of all the Popes that ever lived and maintaine that not one amongst them ever erred that they were all holy and honest men Besides it is said in the Articles of their institution confirmed by the Popes Bulls and inserted in them that they are bound to acknowledge Christum velut praesentem Christ as present not onelie in the person of the Pope but also of their Generall 4 Let any man of sound judgement judge now if they can deny it whether their soules be their owne whether they can avoid the Popes injunctions and commands or excuse themselves from them in any wise whether they can presume that hee will cast them upon sinne though the thing hee command them be a crime or offence Whence we must necessarilie conclude that if the Pope be an honest peaceable man such a one as Clement the eight now reigning to whom France is so much obliged is supposed to be they will bee so too So it is seene in effect that at this day there are some doves some maidens some sheepe that they help to establish the edict of pacification that they peaceablie converse with those whom they account to bee heretiques tâ—at they admit their children into their Colledges with protestation to leave them to the liberty of their consciences But on the contrarie if a Boniface the eighth a Benedict the thirteenth a Iulius the second a Gregorie the fourteenth or a Sixtus the fifth should bee alive againe What should become of France that hath so many Ianizaries or emissaries upon her hands so many enemies within her bosome so many wormes within her bowels which gnaw her within and teare in pieces her noblest members Can the Prince live secure if that saying of an ancient be true that he which cares not for his owne life is the maister of another mans Can hee escape a dismall blow having in all parts of his Kingdome some persons that upon the least whistle will run some to their knives some to their swords which will arme themselves with fraud and treacherie and perfidiousnesse which will make underhand plots and projects which will seduce his subjects and draw them from his obedience will pronounce him a tyrant an heretique a schismatique how good how religious how Catholique soever hee bee Let not my words bee credited but the examples which have beene seene of it let a man fancie to himself France all covered with bloud and fire and flames
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
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
that whatsoever they can urge concerning this point hath beene heretofore urged to our precedent Kings but in vaine and with no effect for they would never give eare to the publication of a thing so dangerous both to the Church and State CHAP. II. Of the instances which have beene made unto the late Kings for the receiving of the Councell of Trent 1 THe Councell of Trent was no sooner finished but Charleâ—â— the ninth was moved by the Ambassadours of Pope Pius the fourth of the Emperour the King of the Romanes the King of Spaine and the Prince of Piemont to keepe and cause to be kept within his Dominions the Canons and decrees of that Councell Marke the very Article of their ambassage The first point is that they have sollicited the King to observe and cause to be observed in all his Kingdome Countries places and Signiories within his Dominions the articles of the holy Councell lately holden at Trent which they had brought with them And to the intent they might be read unto him and an oath administred before the delegates of the said Councell the King was appointed to appeare at Nants in Loraine upon our Ladies day in March where the said Grande's would likewise appeare they and all the Kings and Princes of Christendome where they determined to make an universall law like to that which was was enacted and agreed upon at the said holy Councel for the extirpation of heresies and uncouth doctrines such as should be found repugnant to the holy Councell aforesaid 2 They made also some other requests unto him as that he would put an end to the alienation of the temporall goods of the Church that he would cause the ringleaders of the seditious and schismaticall persons in his Dominions to be punished that he would revoke the pardon and absolution granted by his proclamation especially in respect of such as were guilty of treason against the Divine Majestie that he would put his hand to the sword of justice for the punishing of the murther committed upon the person of the late Earle of Guise To all which demands he made answere by writing in this sort I thanke your Masters Majesties for the good and commendable advice they give me and you also for the paines which it hath pleased you to take in that behalfe giving you to understand that my very purpose is to live and cause my people to live according to the ancient and laudable custome kept and observed in the Church of Rome and that the peace which I made hereupon was to cleare my Kingdomes of the enemie and for the present my desire is that justice be observed in all places of my Dominions But I intreat them to hold me excused for a reason which I shall send unto them in writing and because I will have the advice of the Princes Lords and persons of note of my Counsell which I will call within these few dayes for that purpose 3 It was determined by the Counsell not to hearken to these perswasions and impressions and that not only now but afterwards also in the yeere 1572 when Cardinall Alexandrino the Popes Nephew came forth of Spaine into France with commission to reinforce this instance And yet this King may seeme to be more obliged herein then his successors considering how hee had bestirred himselfe for the continuation of the Councell ever since his coming to the Crowne and how he had sent his Ambassadours and Orators to it and had caused the Bishops and Abbots of his Kingdome to goe thither As appeares both by his letters writ to the Councell and by the relations of his Orators more particularly by that of the Lord of Pibrac As for the reasons of his refusall wee shall speak of them anon 4 King Henry the third was entreated and urged in this point severall times not only by the Pope but also by the Clergie of his Kingdome who never ceased hammering of this iron yet could they not worke it to their liking Monsieur Arnalt of Pontac Bishop of Bazas doth testifie as much in an oration of his delivered the third of Iuly 1579 This thing saith he speaking to the King about the receiving of the Councell for which the Clergy hath many times heretofore petitioned you and namely in the last generall assembly of the States holden at Blois He meanes especially that in the yeere 1576. where Monsieur Peter Espinac Archbishop of Lyons in an oration made by him in the name of the State Ecclesiasticall of France speakes thus unto the King They most humbly desire you that according to their more paâ—ticular requests exhibited in their Remonstrancesâ— you would authorize and cause to be published the holy and sacred Councell of Trent which by the advice of so many learned men hath diligently sought out all that is necessary to restore the Church to her primitive splendor Wherein Sir they hope and expect from you as a most Christian Kingâ— and most affectionate to the Church of God the assistance of your authority to put this reformation in execution And here it is worth observing that diverse Ecclesiastickes were of opinion That the publication and observance of the said Councell might be required without any prejudice to the liberties of the Gallicane Church with exemption of the jurisdiction of the Cathedrall Churches of this Kingdome which they enjoyed at that present and of such priviledges and dispensations as they had already obtained and not otherwise Whereupon a protestation was drawne the 23. of December in the same yeere and afterwards printed 1594. the 26. of that moneth Certaine delegates of the Church appeared in the Councell and exhorted the three Estates to tolerate but one religion viz. the Catholique Romane and the Councell of Trent and to take a view of those Articles which are generall and common to all the three Estates to have them collected into one scrowle and authorized by the King to make them more authentique Yet for all this nothing was done as appeares by the report afterwards set forth in print 5 The same request was againe repeated by the Clergy of France assembled at Melun in Iuly 1579. as appeares by the speech made before the King by the prenamed Lord Bishop of Bazas out of which wee have extracted these words The Clergy humbly entreateth your Majestie that it may be lawfull for them by your authority to reduce Ecclesiastical discipline and reforme themselves in good earnest Amongst all the rules of reformation and discipline they have pitched upon those which were dictated by the Holy Ghost and written to the holy generall Councell of Trent in as much as they cannot finde any more austere and rigorous nor more proper for the present malady and indisposition of all the members of the body Ecclesiastick but chiefly because they are tyed and bound to all lawes so made by the Catholick Church upon paine of being reputed schismaticall against the Catholick Apostolick Church of Rome and
of incurring the curse of God and eternall damnation And presently after he addes Wherefore the Clergy doth most humbly beseech you that you would be pleased to ordaine that the decrees of the most sacred Councell of Trent may be generally published throughout your Dominions to be inviolably observed by them 6 Nicolas Angelier Bishop of Saint Brien made the like instance to the same King October the third 1579 in the name of the Clergy assembled at Melun Wee have saith hee earnestly desired and doe now desire more earnesty and will desire as long as we breath of God and you that the Councell of Trent may be published and the elections restored to Churches and Monasteries Which publication of the Councell is not desired by us that wee may thereby raise up you and other Catholick Princes in armes to spoile and butcher such as have stragled from the true Religion for wee desire not to reclaime and reduce them to the flock of Christ by force but by sound doctrine and the example of a good life For he we know came not into the world to destroy but to save the soules of all men for whom hee shed his precious bloud and if need so required we would not stick in imitation of him to lay downe our lives for the salvation of those poore misused soules But we desire that Councell may be published for the establishment and maintaining of a true sound entire and setled discipline which is so necessary and behoofefull for the Church 7 Iuly the seventeenth 1582 Renald of Beaune Lord Archbishop of Bourges and Primate of Aquitane delegat for the Clergy in this case spoke at Fountainbleau in this sort The whole Church Christian and Catholick assisted by the Legates and Ambassadours of the Emperour of this your kingdome and of all other Christian Kings Princes and Potentates did call assemble and celebrate the Councell of Trent where many good and wholesome constitutions usefull and necessary for the government of the Church and the house of God were ordained To which Councell all the Legats and Ambassadours did solemnly sweare in the behalfe of their masters to observe and keep and cause it to be inviolably kept by all their subjects yea even the Ambassadours of this your Kingdome solemnly tooke that oath Now it is received kept and observed by all Christian Catholick Kings and Potentates this Kingdome only excepted which hath hithertowards deferred the publication and receiving of it to the great scandall of the French nation and of the title of MOST CHRISTIAN wherewith your Majestie and your predecessors have been honoured So that under colour of some Articles touching the libertie of the Gallican Church which might bee mildly allayed by the permission of our holy father the Pope under scugge I say of this the staine and reproach of the crime of Schisme rests upon your kingdome amongst other Countries which signifies no lesse in Greeke then division and disunion a marke and signe quite contrary to Christianity and which your Majestie and your predecessors have ever abhorred and eschewed and when some difficulty was found about the receiving of some other Councells as that of Basil and others all was carried so gravely and wisely that both the honour and unity of the Church and also the rights of your crowne and dignity were maintained and preserved And this is the cause why the Clergy doth now againe most humbly desire your Majestie that you would be pleased to hearken to this publication and removing all rubs which are laid before you concerning it that you would with an honest and pious resolution make an end of all to the glory of God and the union of his Church 8 There was a Nuncio from the Pope who arrived in France in the beginning of the yeere 1583 who prosecuted this matter with a great deale of earnestnesse yet for all that he could not move Henry the third one jot who like a great statesman as he was perceived better then any other what prejudice that Councell might be unto him His majestie that now reignes was startled at that instance and afraid least that importunity should extort from him somewhat prejudiciall to France whereupon hee writ to the late King concerning it who made him this answer 9 Brother those that told you that I would cause the Councell of Trent to be published were not well informed of my intentions for I never so much as thought it Nay I know well how such publication would be prejudicall to my affaires And I am not a little jealous of the preservaton of my authoritie the priviledges of the Church of France and also of the observation of my edict of peace But it was only proposed unto me to cull out some certaine articles about Ecclesiasticall discipline for the reforming of such abuses as reigne in that State to the glory of God the edifying of my subjects and withall the discharge of my owne conscience A thing which never toucheth upon those rules which I have set downe in my edicts for the peace and tranquillitie of my Kingdome which I will have inviolably kept on both sides 10 November the nineteenth 1585 the same Bishop of Saint Brien delivered another oration in the name of the said Clergy and was their deputy whereby after he had commended the late King for his edict of Reunion and exhorted him to the execution of it and the reformation of Ecclesiasticks he addesâ— This is the reason Sir why we so earnestly desire the publication of the holy Councell of Trent And above others my selfe have a more speciall command sâ— to doe For that Councell hath not only cleeredâ— resolved and determined those doctrines of the Church Catholick which were controverted by hereticks to the end that people might not waver and suffer themselves to bee carryed away with every wind of doctrine raised by the malice and cunning of men to circumvent and eâ—tice them into errourâ— but also it hath most wisely counselled and ordained every thing which may seeme necessary for the reformation of the Church considering the exigency of these times 11 There was also another assault made upon him Oâ—tober the fourteenth 1585 by the Lord Bishop and Earle of Noyon in the name of the Clergy assembled in the Abbey of Saint German neer Paris which is more pressing than the former Wee present unto you saith he to the King a Booke which was found at the removing of the Churches treasures writ by the prudent and grave advice of the many learned and famous men assembled in the Councell of Trent guyded by the holy Ghost who with a great deale of travell paines and diligence have renewed the ancient ordinances of the Church which were most proper for our maladies and for those vices which at this present are most predominant in the State and withall have provided for those which being of no great standing amongst us had not any particular remedies assigned them The royall Priest hath put
them into our hands that wee might present them to yours First our Lord Iesus Christâ— who having a speciall care of this Church hath by his holy Spirit provided a remedy for her who directed the Fathers in that Councell next unto him and under him our holy Father the chiefe ministeriall head of the Church having authorized and confirmed it and exhorted all Princes and republiques to receive and observe it and with him the whole Church not the Gallicane only but the Catholick doth summon entreat and pray you to receive it That blessed Councell carries with it to him that will duely read and consider it the marke of the Author in the face of it and hee that will judge of it without passion and prejudice will say it is rather the worke of God than men No good Christian can or ought ever to make any question but the holy Ghost did preside in that goodly company which was in that manner lawfully assembled at Trent with the intervening authority and command of the holy See the consent of all Christian Princes who sent their Ambassadours thither who stayed there till the very upshot without the least dissenting from the Canons and decrees there published there being such a number of Archbishops Bishops Abbats and learned men from all parts yea not a few Prelats of your owne Kingdome sent thither by thâ— late King your brother who having delivered consulted and spoken their opinion freely did consent and agree to what was there determined And therefore we are bold to tell you that we bring unto you the Book of the Law of God which we humbly intreat you to receive with as much earnestnesse as wee can possible 12 A little after he addes If there be some particulars in that Councell which some body either by reason of their particular interest and commodity or because their bodies and humours are not sufficiently prepared and disposed for the taking of such strong physick do complaine of and make some dorres about them there is a good remedy for that and wee dare undertake and promise that recourse being had to his Holynesse and he required thereunto he will not refuse to provide for it In like manner as the Chapiters and exempted corporations have by our meanes and wee with them already preferred a petition that their priviledges and exemptions may be preserved intire unto them and that this publication may in no sort prejudice them expecting herein a new decree from his Holynesse after he shall bee sufficiently instructed by those remonstrances which may bee made unto him concerning this point As also wee meane not by this publication to prejudice the immunities and liberties of the Gallicane Church which we perswade and assure our selves his Holynesse when hee shall bee thereunto entreated will be content to maintaine and preserve These overtures being already twice made upon the petition of the publication of this Councell to wit at the assembly of the States at Blois and of the Clergie at Melun we thinke it our duty not to give them over 13 The provincicall Synod holden at Roan 1581 made this instance to the same Prince After that a good number of Bishops and proxyes for those that were absent together with Ecclesiasticall persons from all quarters of our Province of Normandy were met in our Metropolitan Church at Roan they tendred nothing more than earnestly to sollicite the publishing and promulgation of the Councell of Trent within this Realme Wherefore this our assembly by common consent have resolved to present their humble petition to our Most Christian King in like manner as was formerly done by the States of Blois and the Clergy convented at Melun that he would be pleased for proofe of his true piety and religion to enjoyne the publication of the said Councell whereby the maintenance of the Church is well provided for which is observed to be daily impared and abated In the end of this Councell there were thirteen doubts proposed to the Pope with his finall resolution to them the last whereof was a demand of the confirmation hereof which was condiscended unto 14 The provinciall Councell of Aix in Provence 1585 petition the King at the beginning of the Acts That he out of his singular piety would command the Councell of Trent to be published which had so exactly provided against those dangers wherein the Christian Commonwealth was then implunged 15 Wee must not thinke that these earnest sollicitations which our Ecclesiasticks here make did proceed from them but rather from the Pope One argument hereof which may be alledged is this that they were not now interested herein for the most of the decrees which concerned them were admitted and there was no default in the observation of them unlesse it were on their part and one company of them were inserted in the Edict of Blois the rest in divers other Provinciall Councels holden afterwards in France the Canons whereof are to bee seen in print at Roan 1581 at Bourges 1584 at Tours 1585 and at Aix in Provence the same yeere all which are put out in print at many other places Another argument may be the slight account they made of observing the Councell in such things as depended meerly upon them and which were in their power to doe which plainly shewes that all they did was but to humour another I speake not this of my owne head but from Claudius Espensaeus a Sorbon Doctor Doe wee dally saith he in a matter so serious or rather doe wee make a mocke of those which desire a reformation under colour of decrees What reformation can bee expected from us who doe not observe those things which we have so lately decreed Hee speakes this to those Prelates of France who were present in that Councell and after their returne made no reckoning of observing that discipline which depended mainly on them and was withall conformable to the ancient Canons See here said hee that which they of Trent ordained but where is it observed as for our Bishops who were at Trent and Bonony there is not any of them that instructs the people in his owne person at least not any that I heare of 16 And in his commentaries upon the Epistle to Titus speaking of the discipline of the Church But it is not long saith he since they have determined this point the Pope and Councell of Trent have brought it lately to an upshot But what were those pastors which came from thence and had a hand in the making of those Canons of reformation those injunctions of residence and preaching ere a whit more diligent in feeding their flocks or lesse silent in their pulpits after the Councell was confirmed by the Pope their non-residence was as great as formerly and they almost as dumbe as ever They had rather tire then give over and be cast out of their livings by those who style themselves reformers forsooth when indeed they are nothing lesse than indure to be
reformed by Kings and Princes and by them be constrained to doe their duty It is no marvaile iâ— they do somewhat for him to whom they are bound by such a strict oath and who flatters and wooes them extremely to do the deed But when the Churchmen of our age especially doe any famous exploit against the Pope this is newes indeed both in regard of that command which hee hath got over them and of the feare they ought to have least they should be sentenced for heretiques in these controversies of religion And this is the cause that the Popes have alwayes had recourse to them when they intended to doe some ill offices to our King and Kingdome Boniface the eighth by a gloseing letter of his writ unto them endevors to make them approve his injust proceedings against Philip the Faire where hee saith amongst other things Those who hold that temporall matters are not subject to spirituall doe not they goe about to make two Princes Hee complaines also of the Parliament holden at Paris where it was enacted saith he by underhand and begged voices that none should appear before him upon the summons of the See Apostolick He complaines also of the report which was made to that assembly by M. Peter Flotte whom hee calls Belial half blind in body and quite in understanding This was the man who being sent in ambassage unto him by King Philip to that saying of his We have both the one power and the other made this reply in behalfe of his Masterâ— Yours is verball but ours is reall as it is related by an English historian 17 Innocent the third did the like in his scuffle with Philippus Augustus his Epistle to the Bishops of France was put among the Decretals wherein he omits no art to nuzle them up and perswade them that his proceedings against the King and putting their Kingdome under an interdict was just as the learned Cujacius hath very well observed and indeed his projects throve so well that he wonne their consent at last Hearke how a French Historian of ours speakes of it The whole countrey of the King of France was interdicted at which the King being highly offended after he had notice of it he stripped all his Bishops out of their Bishoprickes because they had consented to that interdict and commanded that their Canons and Clerkes should be put out of their livings expelled out of his dominions and their goods confiscated he discharged also the Parish Priests and seized upon their goods The French Bishops at first did stifâ—ly oppose Gregory the fourth who siding with the children against the father was minded to come into France to excommunicate Lewes the Gentle and they had put on this resolution To send him home againe excommunicated if he came there to excommunicate But when all came to all he had such a stroke over them that he made them not onely abandon but depose him He was vexed by all his Bishops saith an ancient Historian and more particularly by them who were raised to those dignities from a low degree and such as comming out of barbarous Countries were preferred to that height of honour And he afterwards addes They said and did such things as the like were never heard of using reproachfull speeches towards him they tooke his sword from his side upon the judgement of his servants and wrapt it in a sackcloth It is true indeed that not long after repenting themselves of their proceedings they restored him to his former dignity of which they had despoiled him And the Archbishop of Rhemes Ebon by name who had beene the maine man amongst them declared himselfe in writing That whatsoever had beene attempted against the honour of the Emperour was against all right and reason And yet wee must not accuse all the Bishops of France for this for many of them were offended with it and particularly those of the province of Belgia deposed Ebon their Archbishop upon this occasion condemning his proceeding herein But let us now retâ—rne to our intended subject 18 One of the Kings Lieutenants generall for administration of justice in an assembly of the States particular under the late King 1588. For the reestablishing saith he and better settling of Christian religion within this Kingdome our suit unto the King is that like a most Christian and eldest sonne of the Catholique Church he would receive the Councell of Trent and cause it to bee inviolably observed by all his subjects If any here will interpose and tell me that there are some articles in it which are repugnant to the liberty of the Gallicane Church and some others which seeme too harsh and against the forme of justice now used in France I answer that the Lords spirituall may more wisely advise of this in the assembly generall of the States and if need so be communicate it with the other Orders to make a Remonstrance thereof to our holy Father the Pope By this meanes all those Edicts which to the great regret of the King the Princes and Catholique subjects by reason of the necessity of the times did tolerate this medley of religions shall be repealed and abolished 19 Amongst those great disorders of this Kings reigne this very Councell was called in question in the Assembly at Paris which was holden in the name of the States in behalfe of the league where it is remarkable that those who had shaken off the Royall yoke and undermined all the fundamentall lawes of this Kingdome how distempered soever they were yet they had their judgements so sound as to discerne a good many decrees in that Councell which were prejudicial to the liberties of this Kingdome As appeares by the extract which was published hereupon We may observe by the way that those who raised the most false and abominable calumnies against the late King that ever were heard of in all their defamatory libels never objected this unto him that he refused to receive the Councell of Trent I will use no other proofe than of that damnable script hammered out in hell Of the just deposall of Henry the third from the Kingdome of France which sets downe the causes of his excommunication making him a murtherer a heretique a favourer of heretiques simoniacall a sacrilegious approver of duels a profaner of religious persons a confederate with heretiques a spender of the substance of the Church without any leave from the Pope a falâ—ifier of the letters Apostolique a superstitious fellow a deteiner of Churchmen But not one word of the Councell of Trentâ— although he had in that point beene disobedient to the Popes will and made small account of his earnest and often request for it is certaine that all the speeches which come to our hearing were delivered in his behalfe and upon his motion 20 Nay more hee did not receive so much as those very Decrees of the Councell which were no way repugnant to our liberties and
the observation whereof was necessary for the Ecclesiasticall policy but suppressing the name of the Councell they decreed the very same things in the Parliament at Blois 1579. a plaine proofe that it was rejected by the common consent of all France Which is evidently verified by comparing the Decrees of that Councell with the Articles of this Assembly as in those places where they speake of the residence of Bishops the maintenance of Curats erection of Schooles and Schoolemasters the bringing of exempted Monasteries under the visitation of certaine congregations the age required in religious men and women before they professe the age of such as enter into holy Orders the visitation of Monasteries by Bishops the reinforcing of the cloysture of religious houses Prebends for Divines asking the banes of Matrimony before Marriage and such like Yea more in many of these points they derogate from the Decrees of the Councell and prescribe quite different from that which is there set downe The like was done before by an ordinance at Orleans set forth in the time of the Councell 1561. Whereby our Kings have showne the power they have in matters of Ecclesiasticall discipline and the sleight regard they had to that silly Conventicle 21 We will conclude then that seeing two of our Kings very zealous in their religion assisted by a Councell no way lyable to suspicion would yet never give way to this publication so often entreated desired and urged from them it must needs follow that this Councell comprehends something prejudiciall to this State considering withall that all the mitigations which are sought after now adayes were then proposed as namely that it might bee received without any prejudice to the liberties of the Gallicane Church and without ever drawing the sword against those of the Religion which are the two maine plaisters which seeme to salve up all the badnesse that is presumed to ly lurking in it It remaines now that we shew the true reasons of this refusall which we shall doe by laying downe the nullities which are both in the forme and matter of it CHAP. III. That the Pope being a party could not call the Councell nor preside in it and that there was an appeal from him 1 ANullity in the forme of this Councel is argued first from this that it was called by the Pope and that he did preside in it yea and did deferre and transferre it at his pleasure The plea hereupon is this That the Pope was a formal party that it was he was urged to a reformation and therefore it is said that he could not be judge in his owne cause and that he should have left both the one and the other to the Emperour according to the opinion of a great Doctour of the Canon law who after hee hath concluded that the calling of a Councell belongs to the Pope addes notwithstanding that in default of the Pope that right belongs to the Emperour now there can be no fairer opportunity than when the Pope is taken for a party Another Doctour saith that the defect of that power in the Church is supplyed by the Emperour And another yet that when the controversie is touching the Pope and his cause then his authority is not requisite for the calling of a Councell It is a rule of law received amongst the Canonists themselves that when the will and consent of any man is required to some act such requirall hath no place then when a point is pleaded against himselfe 2 Ludovicus Barvarus and all the States of Germany with him doe plead this nullity against the sentence and proceeding of Iohn the 22. and of his Councell The third reason saith he is because no man ought to bee judge in his owne cause and doe justice to himselfe but it is a plaine case that this said Iohn pretended to have a plenitude of power over us and our Empire even in temporall matters and did actually conspire against us and the lawes of the Empire which he attempted to usurpe and caused us to be pursued like an enemy 3 The glosse upon the Canon law saith in expresse termes that the Pope cannot bee both judge and party in any case whatsoever Hence wee collect saith it that if the Pope be at variance with any body he ought not to be judge himselfe but to chuse arbitrators Some of the Canonists have written also that when the Pope is accused of false doctrine hee hath no more power to call Councels All these reasons hold good supposing the Pope to have by right the power of calling generall Councels which yet is denyed as we shall prove more at large in another place Besides there were some appeals put up from the Pope to the Councell as is related by Sleidan in the first of his Commentaries Luther saith he being advertised by Cajetans loâ—ters that they would proceed against him at Rome he thereupon drew a neâ— appeale November the 28. and a little after being pressed and pinched with extreame necessity hee was glad to appeal from the Pope to a future Councell And also by the Archbishop of Cullen being excommunicate by Paul the third 1546 because he went about to reforme his Church contrary to the Bull set forth by Leo the tenth against Luther and his adherents appealed thereupon to the future Councell 4 Wee have discoursed in the last book saith Sleidan how the sentence of excommunication was denounced by the Pope against the Archbishop of Cullen upon the sixteenth of April who having câ—rtaine notice of it the fourth of November he put forth a book presently after wherein he gives his reasons why hee refused the Pope for his judge because hee had stood a long time accused of heresie and idolatry Wherefore hee appealed from his sentence to a lawfull Councell of Germany wherein he protested so soone as it was opened he would implead the Pope as a party and prosecute against him The Protestants as is well known did the like diverse times There was also another appeal to a future Councell put in by the Vniversity of Paris May the 27. 1517 about the repealing of the Decrees of the Councell of Basil and of the pragmatique sanction by Leo the tenth In the act of which appeal these words are inserted Wee the Rectour and the Vniversity finding our selves grieved wronged and oppressed as well for our selves as for all others subject to our Vniversity and all such as will take part with it doe appeal from our holy father the Pope ill-advisedâ— to a future Councell lawfully assembled in a safe place whither we may freely and boldly goe about the abrogation of the Councell of Basil and the pragmatick sanction lately set forth by these new decrees Notwithstanding which appeal the Pope was set over the Councell by the Fathers assembled at Trent Now it is a thing never seene nor heard of that hee
in these times For the question being about the taking up of their quarrell he speaks thus I aske where is that which is able to passe the judgement which they pretend shall it be amongst them so the same enemies should be both witnesses and judges but even humane affaires ought not to bee committed to such a judgement how much lesse divine and ecclesiasticall every wise man doth perceive Say we then that those who were out of favour with the Pope and his adherents were wise and well-advised that they would not trust themselves to his judgement Pope Nicholas the first who quotes these two examples in an epistle of his to the Emperour Michael gives us this rule That our enemies and those whom we suspect should not be our judges Which as he saith was decreed at the Generall Councell of Constantinople and gives this reason of it Because nature teacheth us to avoid the plots of suspected judges and refuse the judgement of our enemies After all this Gratian makes this conclusion That how manifest so ever a mans offences be he should not for al that be coÌ„demned by his enemies It were superfluous here to alledge the Civill Law to prove that the enmity of the judge gives sufficient cause of refusing him in point of judgement seeing it is a matter well enough knowne CHAP. VI. That the Councell was holden in the midst of divers troubles and tumults THE hatred of the Pope towards the Protestants and the King of France did shew it selfe so fully before that it burst out into cruell warres Where we may observe an egregious nullity of the Councell in all the Sessions thereof in that it was begunne continued and ended amongst the troubles raised against the King of France the Protestants of Germany and them of the Religion in France by the instigation and inducement of the Pope and his instruments This is evidenced by the very acts of the Councell it selfe for at the end of the tenth Session holden September the 14. 1547. the Cardinall de Monte the Popes Legat and President of the Councell speakes thus Besides these difficulties there is the heynousnesse and enormity of an unexpected accident which befell the person of the most illustrious Duke of Placentia which doth so take up our employment for the defence and safegard of the liberty of the Cities which belong to the Church that we our selves are not in safety one houre no not one minute of an houre The Popes Legats make this remonstrance in the sixth Session That of a suddaine there are such broiles and such warres kindled they are the very words of the Councell that the Councell is constrained as it were to stop it selfe and breake off its course with no small inconvenience and all hope of proceeding further is now quite taken from it and so farre is the holy Councell from redressing the evils and incommodities of Christians that contrary to its intentions it hath rather irritated than appeased the hearts of many Pope Pius the fourth in his Bull of the publication of the Councell which was for the continuation of it bearing date the 30. of Decemb 1560. affords us such another testimony But saith he as soone as new broiles were raised in the neighbouring parts of Germany and a great warre was kindled in Italy and France the Councell was afterwards suspended and adjourned 2 But it is requisite we make these troubles more plainly evident seeing it is a most just exception against the Councell The Protestants complaine that the over-hasty resolution made by the Fathers in that Councel was purposely to wage warre against them The Duke of Saxony and the Lantgrave of Hassia say so downright in their letters Whereas you buckle up your selves to set upon us with force without once telling us the reason why wee referre that to God and as soone as we shall know what yee accuse us of we will answer so as every one shall say that we are wronged and that ye undertake this warre by the impulsion of the Antichrist of Rome and the wicked Councell of Trent Though wee give no credence to these letters yet let us heare what Pope Paul the third saith to it in his letters to the Suitzers of the third of Iuly 1546. 3 We thought the obstinacy of these villaines would put us upon the necessity of falling to force and armes but having oft considered what was to be done praying God to let the light of his divine counsell shine upon us it is falne out fitly that our most beloved sonne in God Charles Emperour of the Romanes ever Augustus being offended meerly with the same villanies of those rogues that we were and for that a Councell being granted by us to the German nation mainly by his meanes and at his entreaty those who despise it despise also his authority and all that he hath done concerning it as some doe very injustly and sawcily hath resolved by force of armes to revenge the holy cause of wronged truth Which occasion as being without doubt offered unto us by God himselfe we very readily embrace being resolved to second the good intentions of that great Emperour with all the meanes and forces which either we or the Church of Rome can raise 4 Now that the Councell of Trent hath had a hand also in that designe of war not onely the Historians relate but it may be fairly concluded from hence that they never gainsaid it For it is not any way likely that they should suffer such a warre to be made under their noses and they not approve of it While the preparations wâ—re made for it nay while the armies were in the field and that under the conduct of Octavianus Farnese the Popes nephew and all was in an uproare and combustion the Councell made decrees about the controversies of greatest importance when there were but a very small number of Bishops there 5 When Iulius the third came to the Popedome in February 1550. upon the Emperours intreaty hee ordained that the Councell should bee continued Where we may observe that at the very same time a warre was denounced against King Henry the second by the Pope and the Emperour and that upon an injust quarrell Which is proved out of Onuphrius an Historian of the Popes in the life of that Iulius He gave some hopes saith hee of composing the differences in religion when at the request of the Emperour hee declared by his â—ull in the first yeere of his Popedome that the Councell should be continued at Trent at the beginning of the next May. And presently after he addes He unwittingly put himselfe upon the warre of Parma and thereby set all Italy nay all Europe on fire Another Catholique Historian saith During the time that these things passed upon the frontiers of Flanders and Picardy the Pope at the Emperours request summoned the Councell to Trent for the extirpation of heresies Because it was plaiâ—e that Bononia
the late King of Navarre Lievetenant Generall for the King over all this Realme dated the 26. of May 1562 containing an injunction to some suspected persons of the religion to depart from Paris Where it is said As for the putting in execution of the designe which we have undertaken to performe out of hand with the army of our said Soveraigne Lord the King against those that hold some cities of this Kingdome with prejudice to his authority and the obedience which belongs unto him We have determined to depart within a few dayes from this City of Paris with the said army and to cause all the forces both horse and foot aswell within the said city as without to march along 9 There was also another declaration set out concerning the edict of peace by the same King Charles at Amboys March the 19. 1562. but it was not put in execution till the next yeere about Iune what time the King sent certaine Commissioners through the severall Provinces to that effect as appears by the coppy of the Commission given out thereupon dated the 18. of Iune in the same yeere And yet notwithstanding our Councell was consummated the fourth of December 1563. The Cardinall of Lorrain in an oration of his delivered in the Councell November the 23. 1562 makes a long story of our miseries in France and the warres which were a foot there There is no sparing of any thing saith he armies are raised succours are called in from all parts entry is made by force yea the sword pierceth our hearts how victorious soever our hands be Our goods are taken from us and the Kingdome is brought to a miserable passe So then the case standing thus theâ—e is never a Lawyer but will constantly affirme that as much as concernes those who went not thither may be righted and that all things should bee restored to the state wherein they were at first 10 The Kings of France by reason hereof did prejudicate their subjects of the religion yea and their Catholiques too whom they re-estate in their former right Notwithstanding all processes made judgements and arrests granted during the troubles Non-suits prescriptions both legall conditionall and customary attachements of feuds which happened during the troubles or issued from thence by course of law It stands with better reason that all should bee re-established which concernes point of religion which hath ever beene as good a cause of replacing all things is statu quo prius as absence Which is plaine from the discourse of Pope Liberius with the Emperour Constantius in the case of Athanasius from the letter which Pope Iulius writ thereupon to them of Antioch and from that passage of S. Hilary I omit that the judgement of the Emperour was passed without hearing of the cause Nor doe I repeat how the sentence was extorted against one that was absent however the Apostle saith That where faith isâ— there should be liberty the simplicity of the priesthood should not endure this but I omit these things not because they are to be sleighted but because there are others more intolerable The same may we say of the Councell of Trent 11 So then these wars were the cause why many that would have gone to the Councell could not they were the cause why it was so often broke off and prorogued and that in such sort as it seemed sometimes to come to just nothing Hence it was that they did not proceed to the creation of new Popes in the place of those that dyed during the time of the said Councell nor of the new Cardinals which had otherwise been done it being a matter which of right belonged unto them according to the determination of the Councels of Constance and Basil as wee shall shew in another place Hence it was that there was such a great dispute in the consistory of Rome when Pius the fourth renewed the Councell some being of opinion that it was ended that he should call a new one others maintaining that it was yet in being and that he ought only to continue it But the Pope used such phrases in his Bull that it could not be perceived whether it was a continuation or a new convocation Some might haply take me up for lying if I had not Onuphrius for my warrant But here arose a controversie whether it should be a continuaâ—ion of the Councell of Trent or a new convocation The Pope found out a wholsome remedy to set all mens minds at quiet for he used such a forme of speech in the Bull of promulgation as might satisfie both parties and withall the authority of the Councell be no way impeached The use we make of this passage is That whereas by their owne confession that Councell was sometimes at so low an ebbe that it was questioned whether it was ended or no it would be a better way to have a new one which might be to the content of all parts to put an end to our differences Considering that this was deserted and cast off that it did not discharge the office and function of a true Councell that it was so weake and feeble that it deserves not the name of a Councell 12 Here we must observe that the French Ambassadors at the Councel 1563 had an expresse commission to urge that this last Councell might not bee acâ—ounted a continuation of the former And there was an expresse article against those things which were put off by them at the beginning 13 The Lords of Ferriers and Pibrac after their departure from the Councell when they were retired to Venice writ letters to King Charles dated November 25. 1563. Wherein after they have acquainted him with the reason of their departure they give him notice That the Councell would move his Majestie to send new Ambassadours which hee could not doe without great prejudice That the Pope would cause them shortly to proceed to the last Session wherein it must be determined whether this Councell shall bee taken for a continuation of the first or for a new one That if it be concluded to be the same Councell as they are all inclined that way the French Ambassadours who ever refused to admit of the first should hereby receive a great blemish and the proceedings of King Henry who protested against it should be condemned 14 These and other leâ—ters by me quoted which I have seene remaine in the hands of good Catholiques who will be ready to produce them upon occasion with many other memorable acts concerning this subject CHAP. VII That the place where the Councell was held was not free IT is urged moreover that the place of the Councell was not free and safe and that the suit being commenced against the protestants of Germany the Councell should have been called within that countryâ— according to the râ—quest exhibited by the body of the States of Germany assembled at Noremberg whose words are these They cannot thinke of a more
powerfull and present remedyâ— than that the Pope by the consent of the Emperour call a free Councell in some convenient place of the Empire as soone as may be as at Strasburgh Mayens Cullen Mentsâ— or at some other place convenient in Germany In râ—ference to this the German Bishops assembled in an imperiall Diet at Aâ—sburg 1547 comâ—laine to Pope Paul the third for not causing that Councell to be holden in Germany and the inconveniences that followed thereupon with the little good it did See the tenure of their letters set downe by Sleidan and not contradicted by those that have written against him 2 Whereupon the Bishops of Germany sent letters unto him the 14. of September whereby they certified him of the State and danger of Germany and said it might have beene prevented if in good time the remedy had been applyed by a generall Councell to the disease when it was first a breeding for which Councell they had often importuned the Emperour that he would procure so much as that it might bee kept within the confines of the Empire that so the Bishops of the country who were princiâ—ally concerned in it might be there For considering their jurisdiction is of such a large extent it would be very inconvenient for them to travaile out of their countrey especially at this time Finally by diligence of the Emperourâ— when there waâ— not a living soule to be found at Mantua nor Vicenza the Councell was concluded upon and begun but without the bounds of Germany namely at Trent which belongs rather to Italy This was the reason there were so few Germans theâ—e nor indeed could they bee especially in a time of war when all the passages were stopped and guarded 3 The Protestants also have ever made the like demand in many severall assemblies of Germany namely that there might bee a free Councell and that it might be held in some imperiall City of Germany as well for the liberty as for the convenience And besides because the differences in religion were borne there 4 I will set downe only what they say in a letter writ by them to the Emperour Charles the fifth dated August the 11. 1546. Any body say they may easily see and perceive that this is none of the Councell with the vaine hopes and promises whereof you have a long time fed us in many Diets to wit of a generall Christian and free Councell and that it should be in Germany as wee and our associats in religion have made remonstrance to your Majestie in the last Diet at Worms 5 The King of England demanded likewise that the Councell might bee in a place free and safe out of the Popes dominions And when hee understood that Italy was the place assigned he protested against it as null in the yeere 1537. His life lyes at stake saith he that dares reprove the Pope and accuse him to his face unlesse it bee in a lawfull Councell nor he nor his are secured by safe conduct And say he were there are apparent dangers and good reason why he should not come there for it is no new thing with the Popes to violate their faith to staine and imbrue themselves in the bloud of innocents and howsoever others may safely go thither for his part he could not for evident reasons For the Pope lyes in wait for him and hates him mortally 6 The King of France made the like instance in the protestation which he sent to Trent and was presented by Monsieur Iames Amiot Abbat of Bellosane the first of September 1551. For after he had made rehearsall of the war which the Pope had raised up against him hee shewes That he could not send the Bishops of his Realme unto the Councell seeing they could not have free and safe accesse Now this demand of the freedome and safety of the place is no new thing but hath been put up at other times upon the like occasion The Vniversity of Paris in the act of their appeal whereof we spoke before makes expresse mention of the safety of the place to which the appeal should be brought The Fathers in the second Pisan Councell offer Pope Iulius the second to submit themselves to a Councell of his calling but not in Rome as he would have it but in some other free place where they needed not feare Yea they named ten Cities to him in severall places of Christendome that he might make choise of one or they would give him his choice to name ten in Italy so they were not under his jurisdiction nor under the Venetians 7 The delegates sent to the Pope at Rome by the same Councell according to the commission which was given them made proffer to the Colledge of Cardinals of all peace unity and obedience alwayes provided they should agree of a common place of safety and which stood neuter for the celebration of a generall Councell the city of Rome being much suspected both by them and many more But it is fitting we here translate word for word the reasons which were urged by that same Councell of Pisa in their apology against the Pope and Cardinals who were obstinatly bent to have the Councell in the city of Rome 8 God forbid we should thinke the Lateran a safe place to meet in and treat of the affaires of the Church with safety and truth Wee much suspect there are some ambushes lurking in the Lateran and therefore from henceforth we do most resolutely and earnestly refuse it aâ— a place notoriously and evidently suspect as dreadfull and dangerous to our lives especially now when we stand upon other protestations We confesse indeed and that confidently that place iâ— very fitting and most safe for projectors there are a great number of men well furnished both foot and horse there are strong forts a navy not farre off And lastly the City it selfe with the adjacent people trained up in armes and accustomed to the warres all at the Popes devotion There are Captaines which make but small reckoning of Cardinals and Prelates when it is the Popes pleasure And the Cardinals being already possessed with this feare are not in case to counsell what is true but what will please Nay there is not a man alive but will take his oath without scruple that the place designed at Rome is full of treacheries and very dangerous both for those who called the Councell at Pisa and all those that were present there And we know nothing in all the world so certaine but is lesse certaine than what wee said before If then the comming into the City at this time be generally reputed and esteemed to bee with the great hazard of the lives of the Fathers this refusall ought not to bee offensive For what man is hee as Clement the fifth said that will easily come before a judge guarded with a strong army Who durst or could bee thought to appeare willingly before him and put himselfe into their clutches whose violence
kept and the fault is put upon the Prince of Mantua Is not this to gull the world the Prince of Mantua wrongs no body if he will not abandon his City to so great a multitude without a garrison but all the blame should be laid upon the Pope who doth not as yet goe roundly about the busiâ—esse but is ever a playing trickes and treacheries If he remove the Councell to another place he must take a City that belongs to some of his feudatary Princes or else one of his owne for he hath a goodly patrimony with many faire Cities gotten by his predecessors either by force or knavery and now kept by him by the bad title of coven and fraud Now seeing that almost every man of judgement doth despaire of ever seeing a true Councell hee thinkes it most fitting that every Magistrate reforme religion amongst his owne people If the Pope plead custome that will not serve the turne for as Saint Cyprian saith Custome without truth is but an inveterate and grounded errour Therefore this is his advice and this he thinkes the best course but if any know a better he will readily embrace it 6 Now the King of England never deserted these protestations and declarations much lesse the Protestants nay they repeated them divers times after and amongst the rest at an assembly at Wormes holden 1545. and another a Naumburg the yeere 1561 where an answer was given to the same effect to Pope Pius the fourth his Legats who came thither to summon them to appeare at the Councell 7 There were yet some other Protestations made against the Councell on the behalfe of our Kings Henry the second protested against the Pope and the Councell in the yeere 1551 saying amongst other things That the publication of it which was made regarded not the good of the Church Catholique but the commodity of some particulars That it seemed the Pope would exclude him from it That the beginning progresse and issue of his Holinesse designes did intimate as much That being imployed in the warre which hee had raised up against him he could not send the Bishops of his Kingdome thither seeing they could not have safe and free accesse and that neither he nor the people of France nor the Prelats and Ministers of the Gallicane Church will be bound to it hereafter 8 King Charles the ninth upon notice that all things went amisse in the Councell and that the demands of the Kings and Princes Catholique were not satisfied that the reformation was not applyed to such things as stood in need of it and were required to be reformed yea more that they intrenched upon the liberties of the Church of Franceâ— and the rights of the Kingdome caused protestation to be made by his Ambassadours against the same Councell as appeares by the Oration made by M. Arnald de Ferriers the 22. of September 1563. where amongst other things after he hath laid downe many grievances he saith that according to the command of the most Christian King they were constrained Concilio intercedere ut nunc intercedebant to interpose in the Councell as they interposed Whereupon it is storied that a certaine Prelate of the Councell not well understanding the propriety of the word intercedere which the Tribunes were wont to use of old when they made their oppositions and hindrances asked his neighbour Pro quâ— orat Rex Christianissimus What doth the most Christian King intercede for 9 But say the Pope and the rest that joyned in judgement with him were not to blame say they were competent Iudges such as could not be refused say the proceedings were lawfull yet still it was a juâ—gâ—ment and sentence passed upon men in their absence so that the doore is open to all those that wil enter their plaint they may justly demand to beginne anew and that things be reduced to their first state A repeal may be had against a sentence given in case of contumacy onely paying the charges But for them I thinke the Pope that boâ—e them will never aske them againe and if hee should it is a question whether his demand were good or no for who bid him be at the charges he was not bound to it it is a liberality which he was willing to undergoe to shew his magnificence and in case he might redemand them hee must commence his action either against those whom he defrayed or against the Emperour who was anciently used to pay them and not against those who do now desire to justifie themselves seeing that according to the Decrees of Constancâ— and Basil Generall Councels should be holden every ten yeeres 10 Let us proceed further and see if they could have any good grounds to demand that a second judgement might be had supposing they had appeared at the Councell and had audience there For this may be questioned in regard of the King of France who complaines now how hee was wronged in his rights and yet he had his Ambassadours resident at the Councell We say hee is nere the worse for all that considering that divers protestations were made against the Councell on both sides This we shall prove by some examples 11 We reade how the Donatists were many times condemned and that by many how the Emperour Constantine the Great yea the whole Church and the great Doctors of those times bore with them in their reciduations without ever troubling them with writs of rejection of their cause and other such shackles of law-formes They were first sentenced by Pope Miltiades and his Councell at Rome from which they appealing their cause was afterward examined at the Councell of Arles the Emperour Constantine the Great tooke the paines to heare them himselfe and yet after all this under the Emperour Honorius and by his command there was a generall conference of all the Bishops Catholiques and Donatists at Carthage in Africa Where it is to bee observed that the Catholiques desired that Conference so saith St. Austin who was one of the disputants The Emperours commission being read it was declared how the Catholiques had demanded the conference and that it was granted unto them 12 It is well knowne how many Councels were called and kept to convince the Arrians the first that was holden against them might have sufficed namely that of Nice considering the â—ame and worth of it and yet there was another Generall Councel holden at Sardis where the Emperours suffered them to dispute anew all that had been controverted and canvassed and especially of that holy faith and the integrity of that truth which they had violated so say the Fathers of that very Councell in a letter of theirs to Pope Iulius And after that there were yet two others called both at one time one at Ariminum of the Westerne Bishops the other at Seleucia of the Easterne where howbeit the Catholique Bishops were more in number than the Arrians yet they suffered themselves to be supplanted chiefly
by the impiety of some whereby the whole Catholique Church is blemished For we are given to understand not upon uncertainties but by the credible relation of Hilary the Deacon who fled away from thence lest he should be compell'd to subscribe how that many Ecclesiastiques arrived at the Councell who would have beene very serviceable both for deliberation and judgement if hee that assumed unto him the first place would have contained himselfe within the bounds of Ecclesiasticall modesty and beene content as the manner is with a faire and equitable examination with all liberty of speaking what is agreeable to faith and profitable for those that are in an errour But on the contrary we are informed that all those that came to the Councell did not give voices the judgement and that some were put backe and other some admitted namely such as had rendred their hands captive for the subsigning of those impious subscriptions knowing that it would goe ill with them unlesse they did what they were enjoyned And after that Which our Legats perceiving they boldly protested as they ought to doe c. And yet after Wherefore Reverend Emperour we intreat you to command that all things abide in the same state they were before this judgement passed till such time as a greater number of Ecclesiastiques be assembled from all parts of the world There is nothing in this but may be said at this day against the Councell of Trent as we have formerly proved and to make it the more evident wee will adde the protestations that have beene made against it at divers times and by divers men that we may from thence conclude That neither absence nor presence could be any prejudice to those that now finde fault with this Councell A REVIEW OF THE COVNCELL OF TRENT BOOKE II. CHAP. I Of the denyall of justice made by the Councell to such demands as were there proposed by Catholique Princes 1 HAving treated of such nullities as concerne the forme and proceedings of the Councell wee now come to those which concerne the matter and these we make of two sorts for they consist either in the denyall of justice or in the making of injust Decrees For the first wee may truly say this Councell made no conscience of satisfying the requests and demands of Christian Princes I will not speake of those the Protestants made and others that have drawne backe from their obedience to the Popeâ— but onely of such as were made by Catholiques the Emperour the King of France the Duke of Bavaria the whole German Nation represented in an Assembly of the States and others upon the point of reformation Some of those demands though but very few were taken into consideration and judged by the Councell so that by consequence though the judgement were injust we cannot ground a plea of denyall of justice upon them however not to divide them from the rest wee shall here set them downe after we have done with those that concerne the Pope and the Court of Romeâ— not medling with others nor with the points of Religion now in controversie which belong properly to Divinity 2 The Emperour Ferdinand by his Ambassours as a Catholique historian hath it desired a reformation both of the Pope and Court of Rome to have the Cardinals reduced to the number of twelve or twenty six at most an abrogation of scandalous dispensations a calling in of immunities granted against common right a reducing of Monasteries under the jurisdiction of the Bishops of the Dioces where they stand an abatement of the multitude of Canons and Decrees a repeal of many that are superstitious a reducing of Ecclesiasticall constitutions to the rules of Gods law prohibitions against proceeding to excommunication unlesse it be in case of mortall sin or publique scandall a purging of Masse-books and Breviaries and expunction of that which is not taken out of the Scripture a joyning of certaine prayers orisons in the vulgar tongue together with the latine hymnes communion under both kinds a mitigation of that extreame rigour of fasting and licence for eating flesh a permission for the marriage of Priests a rasing out of divers glosses upon the Gospels and a making of some new oaths by the most leaâ—ned men which all Curats should bee bound upon great penalties to receive 3 The King of France his Ambaâ—sadours had some such like Articles in their instructions as concerning the reformation of the Court of Rome excommunications the restoring of the cup marriage of Priests prayers in a knowne tongue and for this last their instructions were expresse to demand that Psalmes might be sung the Sacraments administred and a Catechisme made in the vulgar tongue And besides to assist all such as should require a just reformation in all other matters The originals of these instructions which I have seene were signed by the late King Charles the Queen mother Monsieur the Duke of Anjoâ— the King of Navarre the Prince of Rochesuryon the Constable the Duke of Guise the Marshal Memorancy the Chancelour of the Palace and some others Hereupon the King of France his oratour said when they proposed these demands that they did wonderfully agree with those of the Emperour and for that reason they had deferred the proposall of them supposing that if the other were assented unto they should also be satisfied But perceiving the lingrings and delayes that were used in that behalfe and withall pressed by the letters of the King their master they were constrained to make a motion of them They required further that all mandates of provision of benefices all reversions reassumptions resignations holding of livings in trust and commendams might be quite taken away as contrary to the decrees and that resignations in favour might be banished the Court of Rome as forbidden by the sacred Canons that a course might bee taken for instructing the people what they ought to belâ—eve concerning the worship of Images and to cleare it from all superstitions and errours if any were crept into it and the like essay to be made about indulgences pilgrimages reliques of Saints and fraternities that not only the ancient forme of publique penance might bee restored in the Church for heinous and publique offenders but also publique fasts for the appeasing of Gods wrath that generall Councels might be holden every ten yeares that for abridging of suits about benefices that distinction of petitory and possessory might be taken away or rather for the utter extinguishing of such suits that Bishops might be enjoyned to bestow them not upon such as seeke after them but those that are worthy of them and avoid them and for certaine proofe of their merits to make them preach sometimes and those such as have taken some degree in the Vniversitiesâ— upon whom onely livings might be conferred by the consent of the Bishop and the people 4 The Catholique Princes and all the States of Germany assemblâ—d in an imperiall Diet at Noremberg 1522
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
our said Cozen the Cardinall of Ferrara his Legat hath promised unto us on the behalfe of his said Holynesse and whereof indeed he hath already made great overtures for these causes and other considerations us thereunto moving having a regard unto the foresaid remonstrances made unto us with the advice of our most honoured Lady and mother the Queene the Princes of our bloud and our Privy Councell we have removed and taken away and doe hereby remove and take away the prohibitions aforesaid and the penalties annexed to be imposed upon the offenders against them by our Edict and Ordinance of Orleans and doe make void the Ordinances aforesaid for the reasons before mentioned 24 The Councell of Trent was holden at the time when this declaration was made from which our King expected a great reformation concerning the premises and particularly considering what assurance the Pope had given him hereof But all in vaine Whence it followes that the cause of this suspension ceasing the effect should cease likewise and that therefore we are under the Ordinance of Orleans which was just and good to the observation whereof we ought the rather to bee inclined in as much as wee understand by the testimony of the Court of Parliament and the accounts hereupon made by it unto Lewes the 11 that by reason of Vacancies Expectatives and such like meanes there goes almost a million of crownes from hence to Rome every yeere Which is further confirmed by the testimony of the Ambassadours of the Archbishop of Magdenburg in Germany who was present at the Councell of Basil who hath left upon record that he learned from the Archbishop of Lyons then living that during the Popedome of Martin the fifth who sate 14 yeeres there were carried to Rome out of this Realme of France only nine millions of Crownes without reckoning what was brought in by the Clergy-men of inferiour quality 25 It is reported by an English Historian that Henry the 3 King of England in the yeere 1245 caused an estimate to be taken of the pure rents which the Pope had out of his Kingdome and that it was found they amounted to as great a summe of money as all that he himselfe received out of his Realme nor reckoning divers other commodities beside The like is affirmed by all England together in an epistle sent to Pope Innocent the 4. where it is said That he received more pure rents out of England than the King himselfe who is the guardian of the Church and the governour of the Kingdome And hereupon the the transporting of gold or silver to Rome was forbidden in this Kingdome by many good Statutes made at severall times Saint Lewes who amongst divers others made one hereabouts expresly forbidding all such exactions was neverthelesse Canonized for a Saint King Charles the 6 Henry the 2 Charles the 9 and others were never thought the lesse Catholique for this nor the people of France that demanded it in their Councels of State ever reputed the lesse zealous in Religion For by this meanes the Popes and Cardinals would be the more honest men for there is nought that spoiles them but too much ease and wealth And so they should both cleare themselves from that infamous crime of Simony which all Christians detest and abhorre and also acquite all those that barter with them who according to the opinion of Devines and the sentence of the Parliament of Paris in the 71 Article of their Remonstrance share with them in the sinne also For to beleeve the Popes flatterers who goe about to perswade them in their filthy writings that though they practise Simony yet they cannot be Simoniacall this were to hood winke the eyes against all truth and to sleep in a blind ignorance The men who were the most eminent for learning in the time of Pope Paul the third who were bound by oath and adjured by him upon paine of excommunication to tell him the truth concerning the reformation of the Church told him plainly amongst other things That it was not lawfull for the Pope and Vicar of Christ these are their very words to make any gaine out of the use of the power of the Keys committed unto him by Christ For it is Christs command say they Freely yee have received freely give 26 The Emperour Ferdinand in his demands put up at the Councell of Trent required that the ancient Canons against Simony might be restored Now these ancient Canons bind the Pope as well as other Bishops and you shall finde no exception for him there but our Councell had no leasure to thinke of this I could here make a large discourse of the Reservations of Bishopriques and other dignities and benefices Ecclesiasticall of the granting out of Graces and the next voydance of benefices of mandats of provision and other wayes which the Popes have used and doe use to this day to enhanse their revenues The Ordinances of our Kings are full fraught with complaints made concerning this particular as are also the works of divers authors All those that ever medled with reformation put alwayes up some Articles about this point The deputies of Paul the third have a whole Chapter of it in their Councell The Councell of Basil and the Pragmatique Sanction hath condemned them The King of France desired the like in his demands Yea and the Councell it selfe hath taken an order with them but it is with reservation of the Popes authority above all which is as much as to put a gull upon all Christendome seeing the reformation in this case was demanded onely against him inasmuch as he is the man from whence all the disorder proceeds And after this all that are acquainted with the Court of Rome doe very well know and can testifie how the Pope doth still practise these meanes and whether all the decrees of this Councell have debarred him of dispensing his favours 27 The Popes not content with the gold and silver which they get by these meanes doe use taxes and tributes besides like secular Princes not only upon Clergy men but Lay men also yea upon whole Princes and Kingdomes Gregory the 9 the yeere 1229 demanded of the Kingdome of England the tenth part of all the moveable goods as well of the Laity as Clergy to maintaine his warre against the Emperour Frederickâ— telling them that he only had undertaken that war in behalfe of the Church Catholique Which demand Henry the third King of England saith an English Monke having passed his word to the Pope by his officers for the paying of those tenths had no way to gainsay But the Earles and Barons and all the Laity did oppose it refusing to engage their Baronies and demaines As for the Bishops Abbats Priours and other Prelates after three or foure dayes consultation they at last condescended to it with a great deal of murmuring fearing the sentence of excommunication in case of refusall as the Monke hath it word for
were true which the Pope alledged or no providing that in imitation of the Kings of Spaine the Clergy did not meet to determine such controversies elsewhere than in the Kings Court. On the other side he writ to Arteaga his Proctour at Rome to goe and greet the Pope with all reverence and offer unto him in his name not only the tenths of his Dioces but even all the commodity all the moveables of the Churches all the gold and silver coyned or uncoyned which could be found in the Priests coffers and the Chappels and Churches but that he should earnestly intreat him withall openly to declare his purpose and resolution concerning the preparation of the Holy Warre For he would never be a meanes to make the Spanish Clergy tributary whom hee had appeased having been already in some commotion without very just cause He injoyned his Proctour also to inquire diligently what was the determination of the Councell of Lateran concerning those tenths Arteaga having informed the Pope of these things together with Lawrence Putius and Iulius de Medicis Cardinals the Popes privado's they made him answer in this sort That the Pope had not as yet imposed any tenth upon the Clergy neither by authority of the Councell nor otherwise Nor would he impose any but in case of extremity and when his affaires did not only require but compell him so to doe according to the last Decree of the Councell of Lateran But he laid the blame upon Iohn Ruffus Archbishop of Cosenza the Popes Nuncio in Spaine who had as they said divulged these things very iudiscreetly Wherefore the Clergy of Spaine might sleep secure for ought that concerned the paying of tenths And there was besides a Bull of the Popes shewed to the Proctour which was shortly to bee published which concerned the Act of the Lateran Councell Yet Ximenius so soone as hee understood all these passages from Arteaga did not let for all that to call the Clergy together who met all at Madrid a little before hee went to Tourverte For Peter Martyr who was present at that Synod as Proctour of the Church of Granada as appeares by his epistles declares how that it was adjudged by common consent to deny that tenth which consultation was commended by the Archbishop of Toledo promising to patronize and defend it if need required It is also plaine out of the Epistles of Bembus set out under the name of Leo that this tenth was really exacted and that it was no flying rumour or opinion But as I thinke in Italy only or other of the Popes dominions CHAP. VI. Of other demandes concerning the abuses of the Court of Rome 1 COnsequently to what we have already delivered in the former Chapters concerning the greedinesse and insatiable desire of the Court of Rome we will set downe this certaine complaints and demands exhibited by the States of Germany in this behalfe The first whereof shall be against the proviso's and clauses made at Rome concerning all maner of benefices to the defeating of the Patrons both Ecclesiasticall and Lay of their right of advowson by divers subtle fetches And all this for the great wealth the Court of Rome gaines by this meanes and which is brought in thither out of all the Kingdomes and Provinces in Christendome This demand deserved to have beene well considered of yet it was not it is attended with many grievous complaints hereof made in divers ages The Statutes of our Kings speake throughly of it and amongst others that of Charles the eighth of the 18 of February 1406 the words whereof are these Some yeers agoe the Popes of Rome in despite and contempt of the Decrees of ancient Fathers and Generall Councels have brought all Ecclesiastical dignities Cathedral and Collegiate under their disposall and all others of greatest value next after Bishopriques they have granted livings in reversions upon the Vacancie to any that would sue for them which hath beene an occasion for one to thirst after the death of another They have invented abundance of tricks whereby they have utterly annihilated the power and authority of the Bishops Chapters and Colledges insomuch that there is none now that hath the power to present to a living 2 S. Bernard toucheth this abuse to the quick in his books De Consideratione which he dedicâ—tes to Pope Eugenius Never tell mee of the words of the Apostles who saith Being freeâ— I am made the servant of all The case is far otherwise with you for to my knowledge there come unto you from all parts of the world ambitious people covetous Symoniacall sacrilegious adulterous incestuous and such like monsters of men to obtaine or retaine Ecclesiasticall dignities by your Apostolique authoritie c. 3 The Bishop of Mende put up this abuse in the Councell of Vienna to bee reformed For after he had said that every Bishops jurisdiction ought to be preserved intire to himselfe he addes That Ecclesiasticall benefices which belong to the collation and disposall of Bishops are bestowed by the Sâ—e Apostolique and others even before they be void and that not only in the Court of Rome but out of it howbeit the Bishops must give an account of the cure and of those that execute them whose consciences they are utterly ignorant of in asmuch as they are none of their preferring He would never have demanded the reformation hereof unlesse the abuse had beene notorious 4 Marsilius of Padua his contemporaâ—y tels us as much The Bishops of Rome saith he reserve unto their owne power immediatly the bestowing almost of al Ecclesiastical Preferments yea even unto the meanest basest oâ—â—ices yea of such as may agree to meere Lay men for any thing that concernes Churches by meanes of which reservation they abrogate and make void all elections how legally soever they were made though of approved and sufficient men 5 The Cardinall of Cambray puts this also amongst those things which ought to be reformed in the Church It is further expedient saith he to provide against certaine grievances which are offered to other Prelates and Churches by the Church of Rome namely about bestowing of livings and election of dignities Nicholas de Clemangiis makes a very bitter complaint against it in his Book De ruina reparatione Ecclesiae where speaking of the Popes he saith They have arrogated unto themselves the right of disposing of all Churches in all places as farre as Christian Religion reacheth of all Bishopriques and dignities which are conferred by election voyding and disanulling the Decrees formerly made by the holy Fathers with so much care and commodity that so they may by this meanes fill their owne budgets the better And a little after But it may be peradventure that the Bishops of Rome tooke the creation of other Bishops and disposall of the highest dignities in the Church into their owne hands quite abolishing all elections to the end that by their providence the Churches might be the
and other like knackes their money for vacancies which is levied contrary to the holy Canons and Decrees and contrary to the determination of the Catholique Church and sacred Councels that what is so gotten may bee employed in purchasing of Earledomes and Lordships to bestow upon people of meane condition and to preferre them without any precedent merit without any service or use which they can doe to the Church or for the defence of the faith 18 Francis Guicciardine in the fourth booke of his history of Italy in the discourse which he makes of the Popes of Rome which hath beene expunged by some cozeners amongst other vices and abuses which he observes in the Popedome thiâ— is one An earnest and everlasting desire of preferring their children their nephewes and all the rest of their kindred and allies not onely to inestimable riches but also to Kingdomes and Empires And a little after To exalt their kindred and raiâ—e them from a private state to principalities they have of late yeeres beene the authors of warres and the firebrands of the late combustions in Italy We heard before what the same author told us of the Indulgence money of Leo the tenth how it was bestowed to the use and petty pleasures of his sister Magdalen 19 We will conclude this discourse with a passage out of the same author which will bring us upon another Their study and businesse is not onely saith he speaking of the Popes holinesse of life nor the propagation of religion and charity towards God and menâ— but armes and warres against Christians handling sacred things with bloudy thoughts and hands but an infinite desire of money new lawes new trickesâ— new inventions to â—nhanse their rents from all parts for which ends they shoot out their coelâ—â—tiall arrowes they most impudently practise a trade and traffique of all thingâ— sacred and profane whereby their riches being augmented to an excessive greatnesse and scattered over all their Court have brought forth pride luxury debauched manners and most abominable pleasures See here the saying of a ringleader and conducter of the Popes army of one who was Leo the tenths favourite 20 Let us paâ—se a while upon this luxury which he speaks of and set down the complaint which divers others have made against it First that which S. Bernard saith to Eugenius the 3 I doe not spare you here saith hee that God may spare you hereafter shew your selfe a sheepheard towards this people or else confesse that you are not so you will not deny that you are leasâ— you should deny your selfe to be his successour in whose See you sit that Peter who for ought that wee know never went adorned with precious stones attired in silks and cloathed in gold mounted upon a white palfrey surrounded with a guard attended with a great many Lackeys and yet for all he had the power without all these to accomplish that saving commandement If thou love meâ— feed my sheep 21 Iohn Sarisbury Bishop of Chartres who lived about 1180 saith That the Pope is burthensome and insupportable to all men 3. â—e builds Palaces out of the ruineâ— of Churches he goes accoutred not only in purple but in gold 22 Marsilius of Padua Let them tell me I pray them with what conscience according to Christian Religion they spend the goods of the poore living after a worldly fashion upon so many unnecessaries in horses servants banquets and other vanities and delicates both secret and publique They I say who for the ministery of the Gospel ought to be content with food and raiment according to the Apostles appointment in the first to Timothy CHAP. X. Of the injust power of the Popes 1 ONe of the maine poynts touching the reformation of the Popes is the unbridled and redoubted power which hee challengeth both in spirituals and temporals considering that hee pretends to have an absolute and soveraigne power over both It were fitting me thinks to set bounds to the plenitude of that power which hath neither banks nor bottome to him that extends his jurisdiction over all the world even as low as hell and purgatory as high as heaven which takes hold of great and small Clerks and Laiques things sacred and profane which hath set all the Church yea all Christendome by the ears together which is the source and fountaine of all our miseries and against which there have beene so many complaints exhibited upon this occasion 2 Paul the thirds Delegates had a touch at this point in their reformationâ— In former times say they the truth could not have accesse to the audience of certaine Popes by reason of certaine flatterers which magnified and extended their power too much perswading them that they were Lords paramount of all and might doe any thing what they list from this spring have so many miseries in great flouds overflowed the Church that shee is now quite overborne and drowned See here what they say who were conjured by the Pope upon oath and upon paine of excommunication to tell him the truth of all that required reformation Wee have formerly observed a place in Zabarel of the like straine with this 3 Master Iohn Gerson in his book De potestate Ecclesiae hath the very same On the other side saith hee upstarts cunning and glozing fâ—attery whispers the Clergy but especially the Pope in the care O how great is the height of your Ecclesiasticall power O sacred Clergy all Secular authority is but a toy in comparison of thine seeing that as all power is given to Christ both in heaven and in earth so Christ hath bequeathed all to S. Peter and his successours So that Constantine gave nothing to Pope Sylvester which was not originally his owne but only restored unto him what he injustly detained from him Againe as there is no power but is of God so there is nothing temporall or spirituall Imperiall or Regall which is not of the Pope upon whose thigh God hath writ King of Kings and Lord of Lords So as to dispute his power is a kinde of sacriledge To whom no man may say Why doe you so although he should exchange purloine of sell all the temporals the goods lands and lordships of the Church Let me be a lyar if all these things are not written by such as seeme to bee wise men in their eyes and if they have not beene beleeved also by some Popes 4 So Marsilius of Padua in many sundry places of his Defensor Pacis particularly in the second part and twenty fifth Chapter They have taken up a title saith he which they arrogate to themselves and which they would make an instrument of this wickednes namely the plenitude or fulnes of power which they say was given to them in particular by Christ in the person of St. Peter as that Apostle's successours By reason of which accursed title and their sophisticall manner of discourse they use a certain captious kinde
the Pope stands to have superiority over the Emperour which is ridiculous to speake and odious to heare For naturally ever since the beginning of the world not only Lay men but the Clergy also have beene subject to the power and jurisdiction of the Empire 20 Speaking in another place of a womans joynture aliened by the husband This he saith cannot bee recovered by the wife when shee is bound by oath according to the Canon law which in this case is repugnant to the Civile The Canon law saith he is observed even in the lands of the Empire Here take notice how the Popeâ— usurpes upon the jurisdiction of the Empire in this as he doth also in divers other things which commeth to passe by reason of the inexperince of the Emperours 21 Theodorick de Nihem in his third book De Schismate speaks his minde very roundly exclaiming against those who put two swords into the Popes hands Now that the Empire saith he depends principally and immediatly upon God as well as the Church or Ecclesiasticall power is manifest by evident reasons It is further confirmed by that Decree where the Pope writes to the Emperour My Church over which our God hath ordained my Priesthood while you governe humane affaires c It is proved also by divers testimonies out of the Law Whence it followes that they talke sorrily and soothingly who say that the Pope or the Church hath two swords the spirituall and the temporall whereas it is said in the Gospel Put up thy sword into thy sheath For if both the swords were in the Popes power the Emperour or the King of the Romans should have that title falsely and vainly given unto him But these flatterers by such like words and writings breed a great errour over all Christendome and raise as it were a continuall emulation or contention betwixt the Pope and the Emperour For by this meanes the Imperiall authority is trampled under foot and his power called in question to the great dammage of the whole Common-wealth 22 Antonius de Rosellis in his book De potestate Imperatoris Papae saith It is a foolish and hereticall opinion that the whole disposall of temporall things iâ— or ought to be in the Popes power or any other Ecclesiasticall persons He saith further He omittes that and laughes at it which some use for a shift That the dominion over temporall things belongs to the Pope habitually and in power though he doe not immediatly actuate it but by the mediation of the Emperour who as they say receives the Empire from the Pope and the administration thereof so as he depends upon the Pope For upon whom the exercise is bestowed to him also is the habit given much more seeing that virtue consists in the act not in the habit And in another place Whence it followes that the Pope hath not the power of electing and crowning the Emperour by virtue of his high Priestship which he received from Christ But he performeth the coronation by virtue of his commission granted unto him by the Empire which may also bee revoked upon occasion 23 Albert Krants a Dutch Historian and devine who lived a little before these late broyles about religion speaketh so of the creation of Kings which the Pope challengeth as that he plainely shewes that he dislikes it For telling a story of a Duke of Cracovia whom Pope Iohn the 22 created King of Poland Then saith he the Popes were come to that majesty which Secular Princes call presumption that they created Kings 24 In the Act of the Protestation made by King Charles ann 1563 upon the monitory of Pope Pius the 4 set out against the Queen of Navarre wee finde this clause worthy our observation As for goods the King thinks it strange that the said Holy Father will intermeddle with the confiscation of goods within his Kingdome or with the diminution or disposing of them as the said monitory affirmeth contrary to all the constitutions and Canons of Councels that were ever yet seene upon record in the bookes of his predecessours 25 But there is nothing more masculine generous than the Remonstrance of that noble Parliament of Paris exhibited to the deceased King against the Bull of Sixtus Quintus ann 1585 whereby he excommunicated the King of Navarre our Soveraigne that now is and the Prince of Conde depriving them of their goods and Lands As for the holy Bull the Court doth finde it to be of a new stile and so farre from the modestie of the former Popes that it hath no affinity with the wayes of a successour of the Apostles and forasmuch as wee doe not finde in our records nor in all antiquity that the Princes in France were ever subject to the justice of the Pope nor that the subjects sat in judgement upon the Princes religion the Court cannot take it into consideration till the Pope doe first shew some right which he pretendeth for transferring of Kingdomes ordained and established by God before ever the name of Pope came into the world till he have shewed us upon what title he meddleth with the successour of a Prince full of youth and strength and who naturally ought to have his heires of his owne body Hee must informe us with what colour of piety and religion he bestowes that which is none of his owne he takes from another that which belongs unto him hee putteth vassals and subjects in rebellion against their Lords and Soveraignes and reverseth the grounds of all justice and civill government 26 As for the absolving of subjects from the oath of allegeance to their Lords and Princes the last words of Ralph Duke of Suevia whom Gregory the 7 had caused to rise up against the Emperour Henry the fourth loosing the tye of that oath which bound him to his Prince and creating him Emperour are sufficient proofe to any man that it is a very unlawfull act You see saith hee to his familiars how my right hand is sore of a hurt it is the hand whereby I swore to Henry my Lord and Master that I would never annoy him that I would never lay in ambush to intercept his glory but the Popes commands brought me to this to breake mine oath and usurpe an honour which was not due unto me You see what end it is come to I have received this mortall wound upon this hand which broke the oath Let them then who have incited us so to doe consider in what manner they urged us for feare that wee bee not brought to the downfall of eternall damnation 27 Sigebert speaking of the samâ— Henry and of Pope Vrbane the second who had also excommunicated him deprived him of his Empire and absolved his subjects of their oath of allegeance I dare say saith he by the favour and good leave of all honest men that that new doctrine that I call it not heresie was not yet come into the world That his Priests
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
can dispense with the law above the law by reason of his plenitude of power This â—ext will bee alwaies understood according to the exposition of the Doctours and Practitioners who hold that the Pope may dispense above the law beside the law and against the law that hee hath soveraigne power in all and above all 2 But though he should challenge no more but the dispensing with humane laws in all those cases specified by Gratian it were no light matter Our laws would henceforth scarse serve our turnes neither the Decrees nor the Canons For according to his opinion the Pope is no way subject to them but may dispense with them and make new lawes Our Glossatour upon the Canon law avowed by the Rota of Rome goes farre further as thatâ— The Pope may dispense against the Apostle against the old Testament against the foure Evangelists against the law of God When they come so farre in this I leave you to imagine what they will doe in the rest at this day especially when the controversie betwixt the Pope and the Councell shall bee decided It will not need to put in that exception of the glosse That the Pope cannot dispense against the generall state of the Church For he being above it and having full soveraigntie when he shall make use of it who will tell him You are to blame Especiallie considering our Sophisters maintaine now adaies that all he does is well done and that he cannot erre in that regard Popes are not content to dispense onelie in their books but they do it farre better in their practise and that alwaies to their owne advantage For these dispensations aime at two things their profit and their greatnesse Germany will tell us newes of them As for the first I doe not speake of the Protestants but the Catholiques assembled â—t an Imperiall Diet at Noremberg the year 1522 when they say 3 Many things are forbid by humane constitutions and many things also are commanded which are neither commanded nor prohibited by the lawes of God such are divers impediments of marriage by reason of affinitie common honesty spirituall and legall kindredâ— and consanguinitie in many divers degrees Besides the use of some meats is forbidden which yet God created for the necessitie of men These and many other such like humane constitutions bind men so long till they can by their money purchase a dispensation from such lawes of those that made them So money makes that lawfull to the rich which the poore cannot compassâ— gratis And by such unlawfull bands of humane constitutions there is not onely aâ— huge masse of money drain'd out of Germanie and transported beyond the Alpesâ— but a great deal of iniquitie is raised amongst Christians themselves many offences and quarrels when the poore perceive themselves caught in these nets foâ— no other reason but because they want the thornes of the Gospel for so are richeâ—â—alledâ— there This complaint was presented to Pope Adrian the 6 when hee talked of calling that Generall Conncell which was afterwards holden at Trent 4 The same nation of Germany had drawne up a summarie of other grievances some years before and presented them to the Emperour Maximilian The first was this As for the observance of Bulls compacts priviledges and letters granted by their Predecessours without any limitations the later Popes thinke they are not bound to them but on the contrarie they transgresse them by frequent dispensations suspensions and repeals upon any mans entreaty yea even oâ— some base fellow 5 A certaine Archbishop of Germany Legat for the See of Rome asked Pope Zacharie what he should do about a dispensation which a German assured him he had got of Pope Gregory his predecessour to marrie a woman that had first beene married to his uncle and afterwards to a Cozen of his from whom shee was divorced and who was yet alive besides she was his kinswoman in the third degree and had beene a Nun. We know not what answer he had nor doe we here consider any thing but the injustnesse of the dispensation 6 Saint Bernard who lived in the year 1150 writing to Eugenius the third complaines bitterlie of these dispensations What you will say unto me doe you forbid me to dispense No saith he but onely to dâ—ssipate I am not so ignorant but I know you are placed there to bee a dispenser but to edification not to destruction 7 The States of England being all assembled together in corps in the yeare 1246 under Henry the third put up divers grievances against the Pope in a bill of complaint drawne by them which wee read entire in the Historie of an English Monke amongst which this is one England is further aggrieved by the frequent comming of that infamous Nuncio non obstante whereby the religion of oathes the ancient customes the validity of writings the authority of grants the Statutes lawes priviledges are weakened and disanull'd Insomuch that infinite numbers of Englishmen are grieved and afflicted thereby The Pope doth not carry himselfe so legally and moderately towards the Realme of England in revoking the plenitude of his power as hee promised by word of mouth to the Proctours at Rome 8 The Bishop of Mâ—nda in Gevaudan being commanded by Clement the fift to goe to the Generall Councell holden at Vienna in the time of Philip the Faire made some pretty notes touching the point of reformation Where speaking of dispensations he saith That the very nerves of the Canons and Decrees are broken by the dispensations which are made according to the style of the Court of Rome that they are against the common good And citing the authoritie of Saint Ierom writing to Rusticus Bishop of Narbon hee saith Since avarice is encreased in Churches as well as in the Roman Empire the law is departed from the Priests and seeing from the Prophets We reade also in the Decree sath he that Crassus was turned into gold and that he dranke gold He gives us the definition of a dispensation according to the Lawyers which he saith is a provident relaxation of the generall law countervailed by commodity or necessity that if it be otherwise used it is not a dispensation but a dissipation that the question is now about the staining of the state of the Church that those who dispense upon unnecessary causes erre Lastly for matter of dispensation hee would have that observed which Pope Leo said to wit That there are some things which cannot be altered upon any occasion others which may bee tempered in regard of the necessity of the times or consideration of mens age but alwayes with this resolution when there is any doubt or obscurity to follow that which is not contrary to the Gospell nor repugnant to the Decrees of holy Fathers 9 All the nations of Christendome that were present at the Councell of Constance demanded the like reformation For amongst other articles 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
â—dicts already alledged 39 And after all this yet this Councell will have the accounts of Colledges so erected to be heard and examined yearly by the Bishop with the two deputies of the Chapter and the other two of the Clergy Which is derogatorie to the Edicts alleadged here before whereby the making of such accounts of building-money and Hospitals is laid upon the Kings Iudges inasmuch as there shall no account bee made to them hereafter of that part of the revenues which shall bee taken out of such buildings and Hospitals to bee imployed to the use of those Colledges and Seminaries but only to the Bishop Wherein there is a very great accumulation of grievances for they to whom it formely belonged to make those accounts ought not to bee deprived of it by meanes of such application of the revenues to another use And suppose that might be admitted yet it were reasonable that those accounts were still made before the Kings Officers at least that the Major and Sherifes of the towne where such houses are and such like persons were called considering that the meanes of Colledges and Schooles is no more spirituall than that of buildings Hospitals and Spittles Especially considering that building-money after the buildings are finished ought to be converted to the reparation of Churches and purchasing of ornaments for them and other works of charity and yet there is never any alteration for that of the parties which are to make the accounts but it is alwaies left to the Officers Royall nor is the Clergie suffered to intermeddle in the accounts of building-money and in case they should attempt there might be put in an appeal as from abuse as it was judged by an Arrest in Iune 1550. And as for the accounts of Hospitals they are to bee made also before the Kings Officers notwithstanding that by the will of the Founder part of the revenues of those Hospitals be designed and appointed for divine service according to an Edict of King Francis ann 1545. And which must bee taken notice of in case the Bishops and other of the Clergy have the right of overseeing the administration of those Hospitals yet they retain unto themselves the hearing of the accounts aswell as Lay Patrons doe Howsoever in such sort that the foure at the least of the most eminent inhabitants of the place or Parish must bee called unto them as it is ordered by the sixt article of the Ordinance of Hospitals made 1561. From which the tenth article of that of Melun 1580 doth no way derogate which must be expounded by the former in that where it is said That the Prelats and Clergy shall be maintained in their right which they have of looking to the administration of Hospitals and Spittles and taking the accounts of their revenues where that must be repeated which is in the precedent Edict The most eminent inhabitants c. being called thereunto forasmuch as this latter aâ—mes at the preserving and confirming the right of the Clergy not at the excluding of the inhabitants of the place or Parish from the hearing of the accounts 40 Lastly the remedy of appeal is not admitted to take place against such decrees as the Bishops shall make for the repairing of Cloysters and Monasteries but they must be forthwith put in execution without all appeal yea and that in such sort that the Secular Magistrates are commanded upon paineâ— of excommunication to assist them In which there are many grievances First in that the Iudges Royall as also the Bailifs and Stewards are deprived of that cognizance which belongs unto them before all others in case of such reparations as we have made it plaine already Secondly in that the Parliaments are deprived of those appeals which would bee made unto them from the inferiour Iudges Thirdly in that no appeal can bee made unto them as from abuse from the sentence of Bishops And fourthly in that the Kings Officers are made lyable to excommunication contrary to that priviledge which hath beene granted unto them and which they have ever enjoyed whereof wee shall speake in another place Now if this Councel take place we must make account that appeals as from abuse are utterly abolished as wee have said already which is a thing that concernes France not a litle inasmuch aâ— it is one of the principall weapons wherewith our Predecessours have foughâ— against the usurpations of the Popes and other Ecclesiastiques CHAP. IV. Of Exemptions 1 ANother meanes which the Councell useth to hooke in to the Pope the jurisdiction over other men are the Exemptions granted to Churches Chapters Corpses Colledges Abbeyes and Monasteries to the prejudice of their lawfull Prelates and Ordinaries the Bishops and Metropolitans Our Trent Fathers knew wel enough and confessed that such exemptions are a cause of much evill for say they They give occasion to the persons exempted to live more dissolutely and more at their libertie This is not all for wee must adde That they take away the reverence and obedience which the exempted owe unto their Prelates and Ordinaries and make them thinke themselves as good men as the Bishops and other their superiours That the correction and punishing of faults and excesses is hereby â—indred and brought to nothing That they are prejudiciall to the whole Church Catholique inasmuch as the exempted cannot bee judged but by the Pope and hee cannot doe it by reason of his remotenesse from them That they rob men of the meanes of doing many good works in religion That they are the cause of many scandals That those to whom they are granted abuse their priviledges That they draw after them the ruine of Monasteries being rather a burthen than an honour or profit to them All these reasons were alleadged by William Durant Bishop of Mende in Gevauldan in the time of Clement the fift to perswade the Generall Councell of Vienna to abolish such exemptions Let us heare what complaints have been made against them at severall times 2 Saint Bernard spoke very freely of them to Eugenius the third in those books which hee dedicated unto him Abbats saith he are exempted from the jurisdiction of their Bishops Bishops from their Archbishops Archbishops from their Patriarchs or Primats Does this manner of dealing seeme good to you It were strange if it could bee excused or if there were any need of it In so doing you shew that you have plenitude of power but perhaps not of justice He speaks yet more of it but this is sufficient 3 Cardinall de Alliaco makes a complaint of them likewise and is of opinion that a course should be taken with them adding That many devout zealous men in the Church have a long time complained of them as Saint Bernard in a booke by him directed to Pope Eugenius and others Iohn of Paris a devine of the Order of Predicants urgeth the same Saint Bernard It is also to bee considered saith he that Saint
Lewes the eleventh touching the defence of the Pragmatique Sanction hath inserted this Article Item it belongs to our Soveraigne Lord the King who is the principall founder guardian protectour and defendour of the liberties of this Church when she suffers in her liberties to assemble and call together the Prelates and other Clergie-men as well within this Realme as of Dauphiny and in the same assembly and congregation of the Gallicane Church so called together there to preside and provide a remedy against such attempts as may be prejudiciall to the said liberties as it shall be said hereafter 5 The three Estates assembled at Tours the yeare 1483 in their Remonstrance presented to the same King Lewes th' eleventh say thus That the king by reason of his crowne as well of common right as by the consultation and request of all the Church of France and Dauphinie is as the former Kings his predecessours were the protectour and defendour of the holy Decrees liberties and franchises of the Church of his Kingdome and Dauphinie 9 According hereunto every time and as often as there have been any troubles or disorders in the Church or when any question was about proceeding to some greater reformation the Emperours and Kings have put their hands unto it and have applyed the remedie either upon their owne meere motion or at the request of others Which is verified by the example of Kings Hezekias Who in the first year of his reigne in the first moneth opened the doores of the house of the Lord and repaired them and hee brought in the Priests and the Levites and commanded them to sanctifie the house of the Lord and carry forth the filthinesse out of the holy place and the Levites rose and they gathered their brethren and came according to the commandment of the King by the words of the Lord to cleanse the house of the Lord. The same Hezekiah cast out idolatry which by little and little had crept into the Temple of God He removed the high placesâ— and brake the images and cut downe the groves and breake in pieces the brason Serpent that Moses had made for untill those dayes the children of Israel did burne incense to it The book of the Law being found after it had beene a long time lost King Iosias commanded Hilkiah the High Priest and some others to goe to Huldah the Prophetesse to enquire concerning this booke Having heard their report after their returne he went up into the house of the Lord and all the men of Iudah and all the inhabitants of Ierusalem with him and the Priests and the Prophets and all the people both small and great and hee read in their eares all the words of the book of the Covenant which was found in the house of the Lord. And he made a covenant before the Lord to walke after the Lord and to keepe his commandements and his testimonies and his statutes with all their heart And he commanded Hilkiah the high Priest and the Priests of the second order and the keepers of the doore to bring forth out of the Temple of the Lord all the vessels that were made for Baal And he put downe the idolatrous Priests whom the Kings of Iudah had ordained to burne incense and destroyed their altars And did other such like things concerning the order and discipline of the Church 7 Let us prove this further by the example and â—estimonies of Popes The fourth Councell saith Zonaras was called by reason of thâ— instance which was made by Leo Pope of Rome and Anatolius Patriarâ—h of new Rome to the Emperour Martian that the opinions of Diosâ—oruâ—â—â—tâ—iaâ—ch â—â—tâ—iaâ—ch of Alexandria and Euâ—ychâ—s might not remaine unexamined and that the crime committed against St. Flavian might not bee slurred over under hand Pope Boniface the first intreats the Emperour Honorius in his letters to take order that they doe not proceed to the Creation of the Pope by corruption which gave him occasion to make a Decree thereupon Wee have related the passages of it in another place 8 Pope Gregory the first writ to Aldebert King of England in these termes Most glorious Sonne bee diligent to preserve that grace you have received from God make haste to extend the Christian faith over all people which are subject to you multiplie the zeal of your uprightâ—esse by their conversion take away the service of Idols pull down the eâ—ifices of their temples exhorting thereunto the minds of your subjects in great uprightnesse and purity of life edifie them by frighting by flatteringâ— by correcting them that so you may be rewarded in heaven by him whose name and knowledge you shall have to dilated upon earth The same St. Gregorie writ to Childebert King of France in this manner For as much as wee have beene informed of certaine things which doe highly offend Almighty God and doe greatly disgrace the honour and reverence of the Priesthood wee intreat you to take order that such things may be mended by the censure of your power And to King Theodebert thus This would be absolutely profitable for your Kingdome if that which is committed against God within your Dominions were corrected by such reformation as your excellence shall applie unto it 9 The Acts of a Synod holden at Rome in the year 876 about the Coronation of Charles the second son to Lewes the Gentle containes a certain proposition made by Pope Iohn the eight where amongst othâ—r things speaking of Charles the Great he saith of him That having raised all the Churches to a mighty greatnesse hee had alwaies this wish and desire of reforming aâ—d restoring the holy Roman Church to her first order and estate Hee addes presently after That hee learned the state of Religion out of holy writâ— which he found to be unhusbanded and overgrowne with the thornes of divers errours and abuses That he trim'd it up with knowledge both divine and humane purg'd it from errours and furnisht it with sure and certaine doctrines 10 Iohn of Paris a Fryer Predicant who lived about the year 1280 saith That it is lawfull for a Prince to repell the abuses of the spirituall sword in such sort as hee may proceed by the Materiall sword especially when the abuse of the spirituall sword turnes to the prejudice of the common-wealth the care whereof belongs unto the Kings otherwise hee should beare the sword in vaine 11 Claudius Espenseus a Doctour of the Sorbon in an epistle of his printed 1547 where he treats of the institution of a Prince teacheth that it belongs to a Prince to take upon him the reformation of the Church then especiallie when shee is full of so great abuses errours and heresies And upon the Epistle to Titus I will here adde one thing saith he for feare lest any bodie should thinke that it concernes Princes onely that prophane things succeed well and not sacred too as if they were only keepers of
this Realme O that you would remember that you alone doe not beare the title of most Christian in vaine but because that your ancestours did ever succour the Church in all her necessities above all others Loose not this priviledge this so noble and magnificent title Doe not suffer any man to take this honour from you Doe not suffer your selfe to bee outvied in it Defend your right your name your honor let the hopes of al Catholiques and your brethren in Christ move you which in this matter depends totally upon your person for both all Catholique Princes and all others doe waite upon your hand in this affaire as upon him to whom it does belong most of right of custome of power and other respects Let the renowned and immortall praise of the thing it selfe move you to erect a perpetuall monument of your name in the hearts and mouths of all men 16 A German Devine Provost of the Church of Worms made a petition and exhortation almost like the former which hee exhibited to one of our Kings whether it was to the former or no I know not but at least thus much wee know hee was of the same name For in an Epistle which bears this inscription in the front De Schismate epistola Conradi ad Regem Carolum ad faciendam Synodum towards the end thereof he bespeaks him in these words Now I will addresse the last part of my rude language to you most devout and most Christian King of France Being such and so great as you are set your minde O Prince upon such things as belong to Princes so shall you bee above the Heads What will you thinke upon then surely upon this that peace may bee made by your Prowesse You thinke upon this that you are a King thinke also that if you would reigâ—e long in happinesse it is written of you The King which sits upon the seat of justice â—â—th disperse all evill Let no man seduce you by vaine words Honour and fulfill your ministerie But how Certes that such as are farre off and such as are neare may both have peace by your meanes that the rents of holy mother Church may be sowed up by you I say the coÌ„mon mother both of you and us who hath fed you with her brests from whose mouth you have received the honey of regeneration and the milke of Christian doctrine a streame of bloud springing from the side of her spouse who was stretched out for you upon the tree of the crosse hath adorned your cheeks And therefore her cause is yours her wrong is your wrong Arise O Prince arise up against it build a wall for the house of Israel and fight And afterwards hee addes Above all things you must strive for this O glorious King and long after it with all your heart and labour for it with all your might that there may bee a Generall Councell called at which without the effusion of bloud by the grace of God all things may be reduced to peace and concord 17 Now this Prince whether it was Charles the sixt or the seventh for it must be one of the two put his hand to the reformation of the Church prettie handsomly For under the first there was a kinde of neutralitie made in such sort that there was no acknowledging of Popes in France there were also many goodly Ordinances set out against the abuses of Popes and of the Court of Rome the Councell of Constance was held also under him where the power of the Pope which was formerly without either beginning or end as they use to say was confined within certaine boundâ— and limits To which Councell he did contribute his Ambassadors and many learned Devines among the rest the great Cardinall of Cambray Mr. Iohn Gerson as also the Vniversitie of Paris which had no meane authoritie there as we collect from the Acts themselves Vnder the other were holden the Councels of Pavie Siena and that famous one of Basil which made some strong assaults to moderate that unbridled power of Popes The Pragmatique Sanction was then also set out in this Kingdome the most usefull and most commendable Ordinance that ever was made in France which hath beene since the butt against which the moderne Popes have levell'd all their curses having lopt it so neare that there remaines nothing but the trunke which they never yet knew how to reverse namely that Decree which containes the authoritie of a Councell above the Pope and another concerning Annats 18 The Emperour Charles the fifth and Charles the ninth King of France have sufficiently shewed what power they had in the Church considering that during the time of the Councell of Trent they endeavoured to compose the differences which were in their Empire and Kingdomes concerning point of Religion They made things be disputed in divers Imperiall Diets and at the conference of Poissy They made Ecclesiasticall lawes as namely that of the Interim for Germanie the Ordinances of Orleans and Moulins for France where there are good rules for Church discipline And the late King Henry the third did more yet in establishing Edicts which derogate from the Decrees of the Councell it selfe CHAP. VI. That Emperours and Kings have in all ages made some Lawes concerning Ecclesiasticall politie and discipline and that they had power so to doe 1 HEE should shew himselfe a meere ignorant in law that would deny that Christian Kings and Emperours have at all times made lawes for the politie government and discipline Ecclesiasticall For proofe whereof he need but reade the sixteenth booke of the Code of Theodosius the first of Iustinians the novell Constitutions of Theodosiâ—â— Valentinian and other Emperors which are put after the same Code of Theodosius those of Iustinian and his Edicts those of Leo and the other Emperours which ruled the Empire after Iustinian some whereof are added in the late impressions of the body of the Civill Law and other some are to be found in the Ius orientale de Benefidius and in the booke intitled Ius Graeco-Romanum As also the Capitulary of Charles the Great with divers other Ordinances of our Kings of France made about this particular which may bee read in the Collections of them From which it will appeare that there is no part of Ecclesiasticall discipline which hath not beene managed regulated reform'd and purged by them as need required 2 Well fare Doctor Espenseus who when he is speaking of this Royall power and shaping an answer even to those that doe Princes so much honour as to make them meere executioners of the Decrees of Clergie men not having any authoritie to enter into the cognizance of the cause If Princes saith he must not meddle with sacred things to what purpose are there so many lawes and Imperiall Constitutions about Ecclesiasticall matters in the Code the Novels and the Authentiques Why so many Royall Edicts and Decrees of Senates extant in the Annals of all Christians
Bellarmin l. 1. de Conciliis c. 16. V. Acta Concilii Niâ—â—ni Ruffin l 1. Act. â—5 â—2 Cap. 32. Tom. 1. Act. Concil Ephefini Eusebius de vita Constantini lib. 4. c. 42. Act. Concil Ephes. tom 1. cap. 12. V Actâ— Conc. Nicani cap. 8. Theodore◠〈◊〉 â— â— p. 10. The â—reâ—â— Fathâ—r restrained of their libâ—rty Vid. Acta Concilii Consâ—antinop 6. tom 2. Conc. Vid. Acta Concil Francâ—ord in libello sacro syllabo tom 3. Concil pag. 6â—5 Hâ—c decâ—eta extant MS. in vet Bibliothecu V. Synodum Francicam tom 2. Con p. 456. V. Synod Suession tom 3. Concil p. 438. Rhegno sub an 787. Concil Meldense tom 3. Conc. p. 866. Synodus Pistis in Princ tom 3. Conc. p. 900. Lay men have assiâ—tâ—d at Councâ—ll in Frâ—nce Vide Concil Tribuâ—iense in princ in fine tom 4. Concil pa. 26. Rigordus de gestis Philippi Augusti sub anno 1179. M. â—ean du Tillet greffier en ses memoires V. Capitulare Caroli Magni lib. 2. ca. 24. 25. Rigordus de gestis Philippi Augusti sub anno 1200. Idem Rigordus a Iean le Maire en la 2 partie de la division des schismes b Martinus Polonus â—ive additio adeum Postea idem Rexâ— convocatis Praelatis Baronibus â—c Comitâ— regni Parisiis â—oncilium celebravit petens â—oncilium eâ— auxilium contra Papam praedictum c Iean Bouchet en la 4 partie des annales dâ— Aquitaine Platina in Bonifaâ—io 8. V. Pragmat Sanctionem in principio et in fine Vide hunc appellationis libellum in fasciâ—ulo rerum expeâ—endarum Iâ—an de Maire en la 2 partie de la diâ—â—ereâ—ce des sâ—hism Lay men admitâ—ed to Councell in England and Spâ—ine Neubrigenâ—is l. 1. â— 19. Concil Toleâ— 6. Tom. 3. Concil pag. 83. Concil Tolet. â— Tom. 3. Concil p. 184. Concil Tolet. 1â— versus princip Tom. 3. Concilâ— pag. 374. Math. Westmonast l 1. sub an 905. Neubrigens lib. 1. cap. ult Neubrigens lib. 2. cap. 2â— Idem Neubrigâ— l. 1. cap. 14. â—oâ—â— Lâ—y men have and may bee admitted to Councels Luitprandus rerum per Europam gestarum lib. 6. cap. 6. 10. 11. Martinuâ— Polonuâ— in Henr. 3. sub anno 1058. Vetuâ— author qui scripsit de investituris apud Theodoricum à Nihem in tract de privileg â—uribâ—s Imperat. pag. 785. â—dem author Nicol. Câ—sanus lib. 2. de concor â—athol â—ap 16. Nicoâ—aâ—â— in epist ad Miâ—â—aeâ—em Imper. For what end Lay men may be admitted Bellaâ—m lib. 1. de Concil câ— â—â— Marsilius de Padua in desens pac part 2. cap. 20. Vide Aâ—â—a Concilii Nicaeni Panormit â—n cap Signiâ—icâ—stâ— de Elect. a Socrat. lib. 1. Eccles. hist. ca. â— b Concil Tolet. 4. tom 3. concilâ— pagâ— 65â— Lâ—â— mâ—n admitted at Constance and Pisa. c Concil gener 6 d Const. et Conc. generale 7. Nicaenum tom 3. Concil pag. 234 452. e Guilielm Duâ—ant in trans de Concil f In tract de potest Papa lib. 3. c. 12. Et in Conc. genâ—ralia dist 13. q. 4. g Cardinalis Iacobatius lib. 2. de Concil Art 6. h Marsilius part 2. cap. 20. in def pac * Onuphriuâ— in Pio 4. Bellarm. lib. 1. de concil ca. 15 Vide chronicum Pauli Langii anno 1417. Et Pietro Messia en la vita de Sigismondo Apologia concilii 2. Pisani Impressa Mediolani per Gotardum Ponticum â—nno 1512. Vide Acta conâ—ilii Pisani 2. Nothing done in the Councell but what the Pope pleased Extat in libello de statu Eccles. Gallic in schismate Extat in eodem libello Du Moulin en son conseil sur le concile de Trente Et l'autheur de l'advertissement sur la reception du concile de Trente Extat hac epistola Parisiis impressa apud Nicholaum Chesneau anno 1563. Lay mâ—n calleâ— to Councels in France Guido Faber in Oratione sua habita in Conc. Trid 4 Iunii â—nn 1562. Voyes â—es commentaires du Sieur president de l' estat de la religion et republique soâ—s Henri et Francois 2. et Charles 9. The Councell depended wholy upon the 〈◊〉 Pope Apolâ—â—ia Fontidonii Onuphrius in vita Paull 3. AEnâ—as Sylviuâ— iâ— comment â—â—â—cil Basilâ— Cap. Ego de jurejurando Extra Onuphrius in vita Pii 4. 〈…〉 beaâ—e â—hâ—â—haâ—gâ—s of â— Counâ—â—ll â—useb loâ— 10. â—â—p 5. Châ—odoret l. 2. â— 16. Euseb. de vitâ—â—onsâ—antini lib. 3. â—heodoret l. 21 cap. 30. Sozomen lib. 4. cap. 16. Sulpitius Seâ—erus Sacra hist. lib. â— This Councell compared with others for number of Bishops a Yet I have seene a Catalogue printed 1546. where when the 6. Session was seâ— are râ—ckoned but 3. Caâ—dinals 3. Archbiâ—shâ—ps 1. Ambassadour the Secretary â—nd Proctor of the Councell 4. â—enerals and 2. Spanish Doctors in all 38. AEneas Sylv. liv 1. Comment Concil Bas. Bellarm. de conâ—cil author l. â— cap. 19. Henry 2. â—roâ—ests â—gâ—inst the Couâ—câ—ll Extat in libello de statu Ecclesiae Gâ—lliâ—anae in schismaâ—e Complaints made by the Emperour and thâ— French king Vid. Can. principatus 1. q. 1. t. Egi tecum D. De rejudicatâ— l. Sedet manente precariò D. De prec Canonist in ca. 51. qui authoritate de praebâ—n in 6. Bald. Cons. 50â— l 5. alios Non diâ—o sed â— numeratione sacilè conclusio inferri potest Si invito creditore aliud pro alio solvi possit The French Ambassadours lefâ— the Counâ—â—ll In vvhat â—se a â—udge may bee refused Glâ—ss in Câ—n. â—lâ— caus 3. q. 5. in verb. canoniâ— a Tacitus â—ive Quintilian in dialogo de causis corrup eloq b L'ordinance dâ—â—loâ—â— c Vtebantur hac formulâ— EIVRO NIQVVS EST. Asconius in Verrinam 2â— The King of Englands Protestation Sleidan comment lib. 11â— Surius in hiâ— Hisâ—oâ—y in the 〈◊〉 1537. ouâ— of the French trâ—â—slâ—tion by Iames Estouâ—neau Surius ibid. The King of Englands protestâ—tâ—on Sleidan comment lib. 11. Sleidan l. 16. This answer was printed an 1561. V. libellum de statu Ecclesiae Gallic in Schismate pag. â—78 179. There were diverse Councels about the same thing ¶ Augustin in in breviculo Collat. cum Donatistis Et Optatus Meliâ—it lib. de schismat Dâ—natist Et Collatio Carthagini habitâ— Idem August in Collat. 3. dict cap. 12. Idem ib. c. 19. Idem ib. c. 2. The caâ—â—â—agâ— of the Counâ—â—l at Ariminum a Hilarius in fragmento ex opere historico b Sulpiâ—us Severus in historia sacra c Idem Sulpitius li. 2. Sac. hist. Ac siqui â—ertinactùs obsislerent dummodo is numerus intra quindecim esset in exilium pellerentur Idem ibid. Dubius anniâ— Hilarius scilicet magnâ curarum mole aesâ—uans cum plerisque videretur non ineundam cum his coÌ„munionem qui Arâ—minensem Synodum reâ—â—pissent optimuÌ„ sactu â—râ—itratus sic legendum non arbitrati revocâ—re incipit cunctâ—s ad emendationem et paenitentiam frequentibus intâ—a Gallias Conciltis atque omnibus ferè Episcopis de erâ—ore profit entiâ—us ap
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
are forbidden to grant Bishopriques after Canonicall election For wee read that some Popes of good fame have become intercessours to Kings for those who had been elected unto Churches to get them to give them the Bishopriques and that others have deferred the consecration because they had not yet received the Princes consent I would have set downe the examples hereof were it not that I desire to avoid prolixitie in my letter So Pope Vrban as we understand excludes Kings only from the corporall investiture but not from the election for asmuch as they are heads of the people or of the grant although the eight Synod forbids them onely to assist at the election but not at the deliverie which whether it bee done by the hand or by seale or by word of mouth or by the rod what matters it Seeing Kings doe not pretend to conferre any thing that is spirituall in it but only to consent unto the will of those that require them or to grant unto them Ecclesiasticall possessions and other externall goods which Churches hold by the liberalitie of Kings As for the Sacrament of which he hath spoken now twice there was no question of that seeing that by former Councels the investiture was granted to Emperors and the consecration to Bishops 24 What can be alleadged more in defence of these later Councels If any man will say that the Emperour Henry was justly deprived of this right because he had violated the holy See and had put Pope Paschal in prison Wee will give two or three very pat answers to this objection One that hee did no more but repell the injury which was done unto himselfe For even in the Church and while he received the Eucharist from the Popes hands hee was like to have beene traiterously killed Heare what the German Chronicles say of it While the Emperour received the Sacrament from the Popes hands behold one of the principall of the Clergy who was offended with that purpose which the Emperour had put on that he would maintaine the constitutions of his Predecessors stirred up a sedition and tumult in the temple beat off the guard of the Emperours body and went about to seaze upon him who with much adoe saved himselfe repelling the force with his owne hands And speaking of the same Emperour hee afterwards addes Hee got him presently into the Citie killed a great multitude of citizens and Clergy-men tooke the Pope prisoner Elsewhere the Pope and Emperour were very good friends by meanes of the agreement made betwixt them of which wee have spoken already yea in such sort that the Pope sealed it by delivering the body of Christ unto the Emperour By giving unto him saith Sigebert the body and bloud of our Lord Iesus Christ in the celebration of the masse Wee give you this body said hee O Emperour in confirmation of the true peace betwixt me you And for a third answer his personal and particular fault could not prejudice the Empire and his Successours But we have said enough of this point It only remaines that some that can well manage it enter upon this inheritance There will want no right if hee want no forces CHAP. X. Of elections nominations and Investitures belonging to other Kings and Princes 1 WE come now to other Princedomes reserving France to bee spoken of in the last place The twelfth Councel of Toledo grants election of Bishops to the King of Spaine which our Popes have registred in their books It was decreed by all the Bishops of Spaine and Gallicia that without any prejudice to the priviledges of every particular Province it shall be lawful hereafter for the Bishop of Toledo to receive and consecrate all such Bishops as the Royall power shall elect and that every such Bishop shall bee approved by his judgement Which as Lancelot Conrad witnesseth is observed and kept even at this day 2 As for the Kings of England though they have often quarrelled with the Popes and the Clergy of the Kingdome about this point yet so it is that from age to age we alwaies finde them possessed of this right For to goe no higher about the yeare one thousand King Etheldred created one Robert Aâ—chbiâ—shop of London and one Edmund Bishop of Luiddifarne otherwise called Holyland at the entreaty of the Monks of that Bishoprique King Edward made one Robert first Bishop of London c. and afterwards Archbishop of Canterbury whose successour he made one William He gave also the Bishoprique of Shyrburne to one Herman In the year one thousand one hundundred seventie King William the first of that name bestowed the Archbishoprique of Yorke upon a Canon called Thomas In the yeare one thousand seventie eight hee bestowed three Bishopriques upon three of his Chaplaines and many others upon divers Ecclesiastiques 3 In the year one thousand ninety two King William the second bestowed the Bishoprique of Lincolne upon Robert Blunt his Chancelour he bestowed also that of Worcester upon a Canon called Sampson One of the two bestowed also the Bishoprique of Silchester upon Lanfranke 4 The yeare one thousand one hundred and one King Henrie the first bestowed the Bishoprique of Hereford upon Kemelin and gave him the investiture of it The same King gave the bishoprique of Winchester to a Canon called Thuilphus and afterwards to the Chaplaine of Queene Adalida 5 The yeare one thousand one hundred and two Anselme Archbishop of Canterburie would have made the Councell of Lateran to bee received in England holden against Henrie the fifth about the point of Investitures And in obedience thereto he made a difficultie of consecrating certaine Bishops who had beene invested by Henrie the first who was much incensed against him upon that occasion And forasmuch saith Matthew Westminster as hee would not consecrate certaine Bishops who had been instituted by the King obeying his pleasure nor so much as communicate with them the King was thereupon moved with choler against him 6 The yeare one thousand one hundred and seven there was a Councell holden at London where it was ordained That from thence forward no man should be invested in England by the King or any other Lay man into any Bishoprique or Abbey by the donation of the Pastorall staffe or ring alwayes reserving the homage due to the King But Henrie the first did not forbeare to use his right for all that which this Councell could not take from him And indeed in the yeare one thousand one hundred and nine he erected the Abbey of Ely into an Episcopall See and caused one Herveus to be ordained over it and having assembled divers Bishops at London in the same yeare hee made them consecrate one Thomas who had beene chosen Bishop of Yorke In the yeare one thousand one hundred and thirteen The same King Henry bestowed the Archbishoprique of Canterburie upon Richard Bishop of London and invested him in it by giving him the crosier