A REVIEW OF THE COUNCIL OF TRENT. Wherein are contained the several nullities of it: With the many grievances and prejudices done by it to Christian Kings and Princes: As also to all Catholic Churches in the World; and more particularly to the GALLICANE Church. First writ in French by a learned Roman-Catholique. Now Translated into English by G. L. HORAT. Suis & ipsa Roma viribus ruit. OXFORD, Printed by WILLIAM TURNER, Printer to the famous University, for W.T. Edw: Forrest, and Will: W●b. Anno Domini MDCXXXVIII. To the Right Worshipful CHRISTOPHER POTTER Doctor in Divinity, the Reverend Dean of Worcester, and worthy Provost of Queen's College in Oxford. SIR: THe double title which you may justly challenge both in the Author and Translator of this work, hath made this dedication a matter of necessity, not election. For the former, I dare not seem to instruct that knowledge to which I confess I owe mine. But for the later, I beseech you give me leave to tell you in public, what I have never blushed to profess in private, of that deep interest which your early favours have purchased in all that I call mine, (except my faults,) such and so many as would have left me highly inexcusable if I should have entertained a thought of offering these my first fruits in this kind upon any other altar than this. For, as touching my knowledge (if it be any) in the tongues, the common influence of your example, and your benigner aspect upon my mean endeavours made me first able to do● something, and the desire of obeying your pleasure willing to do this. I am bold to call it a work of obedience, as being first occasioned by some speeches, which, however they proceeded from you, were received by me in the nature of a command: your wish in general that such a thing were done, my obligations made me construe to an injunction of doing it. This pu● me first upon it, and the reverend opinion of your judgement of the work, with the grounded confidence of your future approbation of my pains, sweetened that into a recreation, which had otherwise been a punishment. I will not here indulge so much to my just ambition of proclaiming your virtues, as to insist upon each particular: only I shall beg leave to be the weaker echo of the public voice of that body over which it hath pleased God to make you the worthy Head, and myself, by your means, an inferior member: To say, That we largely enjoy in you what we shall ever pray for in your Successors; that your place may ever have as great an ornament for the credit, and as happy an instrument, for the profit of our House: That, of those Royal favours which it pleased their Sacred Majesties to confer upon us, (and ever blessed be their memory therefore!) though in all humility we give Them the glory of being the Authors, yet we cannot rob your pious diligence of the praises due as to a principal procurer. We detract nothing from the fountain, when we commend the streams: nor is a benefit lessened by being obtained by intercession. The Majesty of Heaven does not ordinarily bestow his blessings without mediation: nor does the intervening of 2. causes render us less engaged to the first. To whom I do● now, and shall ever, send up my hearty prayers for his choicest blessings upon you and yours: more particularly, (as your present weakness now requires me) that He would be pleased to grant you a perfect health, and constitution of body answerable to that of your mind, for the greater manifestation of his glory, the good of his Church, the joy and comfort of you and yours; in which number he desires to be reckoned who here presents himself & his present pains to your courteous acceptation, as Queen's College in Oxford April 1●. 1638. Your Worships in all humble observance, GERARD LANGBAINE. To the Reader. I Have something to inform both concerning the Author, the matter, and the translation of this discourse. For the first, that he was a French man, and a Lawyer, none will doubt but such as will not read; and that he followed the Court, and was of some eminency there, is sufficiently evident from one * Cap. 1. ad fin. passage of this work. But as for his religion, though not absolutely certain, yet, his many protestations make it more than probable he was no professed Protestant. He protests frequently not to meddle with controversies of faith, but points of Law and policy; not to oppose the Canons, but Decrees of the Council of Trent; not to wri●e in behalf of such as have separated from the Church of Rome, (Protestants) but of good Catholics, (he means Papists.) And therefore I have adventured to allow him the name of Catholic, with the forename Roman; which they of that party will, in spite of all contradiction, needs pin upon their own sleeves. For I am indifferently confident that for outward communion he was a member of that Church, some of whose faults are here required to a reformation. As for aught that may be surmised to the contrary, it will not work much upon any that knows the liberty of that people, who were never throughly broken to the discipline of Rome, I am domiti ut pareant, nondum ut serviant; and which hath ever been more eminently conspicuous in those of that faculty whereof the Author is confessedly one. However, those many other writers which he every where urgeth, and of whose testimonies the whole work mainly consists, were in their times (ancient Counsels and Fathers excepted) all, or most, known Papists: though some of them in these later days have been shrewdly censured for Schismatical, because not altogether so transcendently Papal. Now for the further satisfaction of myself and others to those ordinary interrogatories, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉; it hath cost me some diligence to draw this Apelles from behind the curtain. Some of my foreign intelligencers returned me little but a Non liquet, yet the learned Patron of the work showed me first † In his answer to Coeffereau, entitled, Remarques sur la responce au mystere d' iniquité. part. 1. Section 26. num. 33. pag. 543. Edit. Salmur. 1620. where it was cited by Dr. Rivet under the name of du Ranchin; and I have found some succenturiating opinions since. Now William Ranchin, (whom I conceive to be the man) was in his time a Doctor of Law, Counsellor to King HENRY the fourth of France, sometimes Fiscal Advocate in the Court of Aids at Occa, and afterwards Attorney General in the Sovereign Court of Aids at Montpelier; one who by his works in that kind hath deserved well of his profession. Thus much of the Author. As for the Work itself, it is now almost forty years since it was first published; the copies are grown very rare and (it may be, therefore) dear even in Paris: whether the love of their friends or the malice of their enemies hath made them so, I know not. It does strongly vindicate the rights of Christian Princes and the liberties of particular Churches from the grand and yet growing usurpations of Popes, and the bold attempts of pretended General Counsels. It shows the many hot skirmishes which Princes have been put to for the preservation of their liberties, and how loath they were to part with them. It points at the means whereby the State spiritual stole up by degrees to such a height of temporal greatness. It uncovers the shame of that Popish Helena, the Council of Trent; by laying open the many nullities and injust proceedings of it. It shows the weak, the no effects of those strong hopes of a reformation from it: and makes it apparent that what by the patients was so earnestly desired as a remedy, was by the fraudulence of the Physician turned to a worse disease. It fairly acquits their rejection of that Council for matter of Discipline, (and why not therein ours for matter of Doctrine?) from the imputation of Schism, as being driven to the necessity of abrogating that excessive power of the Pope, which he could not be brought to moderate: being both forced to shake off that heavy yoke which his ambition was unwilling to remove, so long as our patience was willing to endure. And (though it be beside the purpose, if not against the intention of the Author) it ministers just grounds of questioning the absolute infallibility of Popes and Counsels in matters of faith. Who both jointly and severally (it is to be feared) have been too daring to entitle the Holy Ghost to their many weakly probable opinions, if not some errors. Whence it is that the present Church is as much pestered with a glut of Counsels, Canons, and Curses, as the Primitive was with heresies: under the weight of which burden many weaker consciences, if they do not quite sink, cannot choose but groan. Whence it is that the modest and sober liberty of reexamining any thing which hath been once decided, is utterly excluded: which notwithstanding most good men have in all ages been willing to tolerate, many to desire, and some few bold to make use of. Amongst these few we may well reckon this Author for one. Far was He from the high uncharitableness of those fierce and fiery spirits that scorn to go to Heaven in the company of any that are called heretics by the Council of Trent: that pronounce upon all men according as they find them devoted to this their Diana; making less conscience of a text of Scripture than a Canon of Trent; and like their heathen forefathers, Non alios judices quam seipsos patientur. Lastly, this work presents us with many remarkable passages concerning our own Nation; where we may read our present h●ppinesse in our Ancestors miseries: for amongst all those authentic records, which are here recited of the Pope's usurpations, I do not find any more woeful tragedies of his tyranny than such as were acted upon our Stage. No higher trophies erected to his ambition, than here. No more rare examples of a devout abused patience, than ours, till extreme necessity made us despair into fortitude; when the avarice and exactions of Rome, having left us nothing else, to her grief and our glory, at last robbed us of our patience too. Besides these there are other considerations in the work itself, which (it may be) wrought a far far better judgement than mine own to the approbation of it. In submission to which I have taken the pains to make it speak English; and that's all. For as for the quotations, (which might haply be expected from me) my other employments would not allow me strictly to examine them all, but so many as I sought did sufficiently confirm my opinion of the Authors fidelity in the rest. For adding more testimonies of my own out of other authors in the like kind and to the same effect, however I could frequently have done it, yet I obtained so much of myself as to forbear: being much abhorrent from engaging myself in a quarrel of this nature, and creating an adversary where I might fairly choose to want one. For my expression, I confess, upon a second review, I find I have been somewhere too pedantic and precise in keeping to the phrase of my Author, and otherwhere I meet with a little Patavinity of my own. But for this I must tell my Pollio it was neither necessity nor chance that cast me upon it; for I am here of his mind, Qui non ignoravit vitia sua, sed amavit. My greater fear is lest there be somethings in the matter which may be liable to a juster exception. Which, however they might have been omitted by the Author, could not so fairly be left out by the Translator: This castrating of dead Authors being a piece of politic cruelty, which himself † Lib. 1. cap. 7. condemns in their Church, and (I hope) is rarely practised in ours. I do not deny but here are, amongst many which I could commend, some passages which I had rather excuse● such as need not be approved, yet might well enough be printed● We allow a stranger more liberty than a native: and in this consideration I held it a piece of injustice to offer, so much violence to my Author as to subdue him wholly to our domestic customs. He still speaks French in part, and retains a few marks of his birth and breeding: yet such as can be no eysore to those that will observe withal, how, when he barely relates the Laws of his own Country, he neither censures nor sets rules to ours. For what concerns the distinction of jurisdictions, there is a vast difference betwixt their State and ours. Here, though they are conveyed in several channels, yet they are all derived from the same fountain, the King. Whereas there, the Pope shares it with the Prince; and not content with his part, will needs engross the whole. Hence those bitter complaints of the Author against inferior judges, which, when he drives the nail up to the head, fasten lastly all upon his Holiness. Thus far I thought fit to fortify against future mistakes; knowing that what was well meant might be ill taken; and that it is not ever in the fates of innocency to be exempt from misconstruction. For other peccadilloes I am not very careful to excuse them; hoping that the judicious Readers will not much bogle at them, and the ordinary (it may be) never observe them; nor do I mean they shall be beholding to me for the knowledge of them further than by this intimation: which perhaps may whet some duller capacities to a sharper enquiry after them, such as think they are bound in conscience to find a crime, because I confess the possibility of a fault: and will be ready to strain at Gnats, who without this caution would have swallowed Camels. And yet I fear there will not want some among them that will receive those things with applause, which I desire may pass with pardon. Nay (it may be) if the Author were questioned for some places, the most (I do not say the best) would be content to absolve him, if not ready to reward him. But the Translator professeth his name in another cense; and is not so solicitous to please those, as answer these: to whose graver judgements he submits both himself and these his weak endeavours, in a modest confidence of their candid interpretation. AN ADVERTISEMENT to the READER, prefixed before the FRENCH Copy. THis Book is not for those that have made separation in point of Religion; but for such good Catholics as desire to see an holy reformation of it. Here you shall find the demands that were put up to that end at the Council of Trent, by the Emperor, the King of France, and other Catholic Princes, not Protestants, and the small regard that was had of satisfying them. Here you shall read the tricks that were used both in this and some precedent Counsels, to wave that reformation which was so earnestly sought after: and withal you shall understand a good many of the points wherein it consisteth. The method which the Author hath used, may be set down in few words. He makes two kinds of nullities; one in the form and manner of proceeding, [which he delivers in the first Book]: the other in the matter. And these later consist either in denial of justice [which is handled in the second Book;] Or in the injustice of the Decrees themselves: concerning which he sets down two maxims. The first, that they advance the Pope to an unlawful power, stripping Counsels, Clergy, yea Kings and Princes of that authority which belongs unto them, to transfer it upon the Pope; [and this is proved in the third, fourth, fifth and sixth Books]: The second, that they pull down the honour and authority of Christian Princes, and Secular powers: [which is treated of in the last Book]. See here the subject wherein many learned men, both Divines and Lawyers have travailed long ago, before the names of Luther and Calvin, and such as embrace their doctrine, were ever heard of: which doctrine is not here defended, nor shall you find any thing that concerns them in particular. The ancient liberties of the Church are represented here in diverse passages, the very same with those that carry now the name of the Gallicane Church; whither they made their retreat when they were chased out every where else: yet not without danger of being lost, and that not in part but in whole, by a blow from Trent. Which would plunge us again into those miseries, whereof our Ancestors begun to be sensible long ago: which they have left unto us by tale upon record, in the ancient Histories and Edicts of our Kings, the Rolls of the State's General, the Remonstrances of the Courts of Parliament, and many other ancient Monuments. Nor doth it less concern the interest of our Sovereign Lord the King; whose honour and dignity are shamefully disgraced, his authority vilified, his power rebated; with a general prejudice to all the French, who in particular are egregiously wronged in diverse things, as may be fully known from this discourse. You must further observe that the Author was not willing to meddle with what properly concerns divinity, as unwilling to transgress the bounds of his profession, or speak any thing upon this occasion of those demands which were made, by Catholic Princes in this Council, touching the reformation of abuses about Images, Pilgrimages, Relics of Saints, keeping of Holy days, convenience of the marriage of Priests, Communion in both kinds, celebration of divine service in a vulgar tongue, and such like; contenting himself with a bare mention of those demands, and no more. A SUMMARY OF The Chapters. BOOK I. Chap. I. Pag. 1. 1 THe many abuses of the Pope and Court of Rome. The occasion of calling this Council. How the Popes sought means to decline it. How politicly they carried themselves in it: in the election of th● place; admittance of persons; and passing of Decrees. The great account they make of it. 2 No no●●l●y 〈◊〉 oppose the Pope, or a Council. Ancient bicker of Popes with the Emperors of Germany. With the Kings of England. 3. etc. With the Kings of France. 8 Where the Kings were assisted by the Parliaments, Universities, Divines, Lawyers, Prelates, and other Clergy both several and in Council. 9, 10 Counsels against Popes. 13 Harsh letters to Pope Nicholas. 14, 15 Counsels suborned by Popes against Princes. 16 The Council of Ferrara or Florence not admitted at all in France. 17 That of Basil but in part. That of Lateran totally rejected. The Council of Trent more usurping than any, than all these. Chap. II. p. 12. 1 Several instances made to the Kings of France for the receiving of this Council, but still rejected. As to Charles the ninth by the Pope, the Emperors, and other Princes. 2 His answer to their demand. 4,5 Instances made to Henry the third by the Clergy of France. With several Orations to that purpose. 9 His answer to the King of Navar. 13 He further importuned by Provincial Counsels. 15 All these instances made by the Pope's instigation. 16,17 Who use to serve themselves of the Clergy against Princes. 19 The rejection of this Council never objected to this King by his accusers. 20 Some things ordained consonant, some things contrary to this Council. Chap. III. p. 20. 1 THe Pope was a party, and therefore could not call the Council, nor be judge in his own cause, 2 According to his own Canon law. Besides, there were several Appeals from him, put up by Luther, the Archbishop of Cullen, the Vnivositie of Paris, the Protestants of Germany, and therefore he was disenabled from being judge of the Appeal. Chap. IU. p. 21. 1 THat the Pope stood in need of reformation (and therefore incapable of being judge). 2 Confessed by Pope Adrian. 3 By the Counsels of Constanc●, 4 Basil, and Pisa. Yet nothing reformed. Chap. V. p. 23. 1 Protestant's were condemned before they were called to the Council; and may therefore justly refuse it. 3 The Pope knownly hated them; therefore they needed not obey his summons. 6,7 An enemy should not be a judge. Chap. VI p. 25. 1 Wars on foot in the time of the Council. 2 Complained of by the Protestants. 3 Confessed by the Popes. 4 Approved by the Council. 5 As the Parman war, 7 And civil wars of France. 10 Whereby many were hindered from going to the Council; 11 And therefore ought not to be prejudiced by their absence. 12,13 The Council questioned whether continued or ended. Chap. VII. p. 30. 1 DEmands that the Council might be kept in some free place, made by the Germans: 5 By the King of England: 6 By the King of France. 7 As formerly by the Pisan Fathers. 8 Their Apology. 10 Trent no free place, but subject to the Pope. 11 Letters of safe conduct no good security. 12 Of what consequence the place hath been anciently reputed. 13 By Pope john the 23. 14 Summons to a place not safe, are invalid. 15 And have be●ne so judged by Popes, 17 And Canonists. 18 Where the place of judgement is not safe, there may be an Appeal. Chap. VIII. p. 36. 1 ALL were not called to this Council that should have been. 2 No● all the Clergy; nor any of the Laity. Contrary to ancient custom. 3, 4 Lay men sometimes admitted to be judges in controversies of faith. 5 Yea even Heathen Philosophers. 7,8 Controversies sometimes decided by Counsels. 9 Sometimes by reference. 10 Sometimes by conference. A means proposed for reconciling the present disterence in Religion. 11, 12 Further prosecuted. 13 Lay men's plea for admittance in this Council. 14 Bellarmine's answer examined. 15 The power of Emperors and Kings in this case. 16, 17 Some of them have been judges in Counsels. 18,19 Lay men admitted by Kings to assist at several Counsels. 30, 31 And Spain. 32,33, etc. And England. 36, 37 Admitted likewise by Emperors. 38 Yea summoned by Popes. 40 Lay men's presence in Counsels not absolutely necessary, and when convenient. 43 The ignorance of the Popish Clergy. 44 The Authors apology. 45 The assistance of the laity allowed by several authors. 46,47 Practised at several Counsels, Trent excepted. 48 Anodious doctrine to Popes, and why. Chap. IX. p. 47. 1 THe Trent Fathers were the Pope's creatures. 2 That abuse observed by the Emperor. 3,4 Complained of by the French Ambassadors. 5, 6 And Protestants of Germany. 8 As good as confessed by the Popes themselves. 9 The charges of Counsels defrayed formerly by the Emperors. 10 Of late by the Pope. And therefore the judgement of such Counsels in the Pope's cause refusable. Chap. X. p. 51. 1 THis Council compared with others for number of Bishops. 2 Which were so few here, that it cannot be accounted general. 3 Henry the seconds protestation against it upon that ground. 4 The number in the later Sessions doth not legitimate the paucity in the former. Chap. XI. p. 53. 1 THe Emperor's letters to the Pope about the indirect dealing of the Council. 2 The French Ambassadors oration in the Council to that effect. 3 Their retire from the Council. Chap. XII. p. 54. 1 ALL process made by a suspected judge is void. 2 The Pope challenged as an incompetent judge in this Council. 3 The Council protested against by the Germans; 4,5 By the King of England. 7 By the Kings of France. 9 Sentence passed upon absents invalid. 10 Yea though they had been present, there may be a second judgement. 11 As was in the case of the Donatists. 12 And Arrians. 13 Otherwise we cannot decline the sentence of the Council of Ariminum. 15,16 Other heresies sentenced in more Counsels than one. 17 The injust dealing of the Council of Ephesus. Pope Leo's protestation against it, holds good against this of Trent. BOOK. II. Chap. I. p. 61. 1 NVllities in the matter of the Council: As in denial of justice. 2 In things demanded by the Emperor. 3 By the King of France. 4 By the Catholic Princes of Germany. 5 By the Duke of Bavaria. In which demands are particularly mentioned such abuses as should have been reform. 7 Many of them confessed by the Deputies of Paul the third. Chap. II. p. 65. 1 THe abuses complained of, not reformed by the Council. 2 Reformation of the Head, the Pope and Court of Rome, demanded by Princes; confessed necessary by Popes. 3 Yet not meddled with by the Council. 6 The Author's protestation to set down the Papal, not the personal faults of Popes. 7,8,9, etc. The complaints of many ancient Popish authors against the abuses of the Pope and Court of Rome; with some Counsels that attempted, but effected not a reformation. Chap. III. p. 74. 1,2, etc. ANcient complaints against the inordinate desires of the Popes after temporals, which made them neglect spiritual matters. 5,6, etc. All things set to sale at Rom●; even the Holy Ghost. 7,8 The avarice and exactions of that Court. 10 As great since as before this Council. Chap. IU. p. 78. 1 BY what means the Popes enriched themselves. 2 A price set upon all sins in his Penitentiary tax. 4 The tax of the Chancelourship. 6 The tax upon Bishopriques. 7 Exactions of Annats or first-fruits. 14 When the Pope first usurped them. 18 The Emperors anciently required them not. 21 Of selling the Pall. 22,23 The state of first-fruits in France. 25 The Pope's ancient incomes out of England. 26 Their simoniacal gettings by Reservations, Graces, Provisions, etc. 27 Their impositions of taxes and tributes upon kingdoms. Particularly upon England. 28,29 What tricks they used to oppress this Realm. 30 The Pope's proverb of England. 31 The like oppressions and complaints in France. 33 The Pope● challenge to the goods of Clergy men that die intestate. Their revenues' on● of the stews. Their yearly Kin●. Chap. V. p. 91. 1 THe Pope's exactions under colour of a holy war. By absolving such as had taken the Cross upon them. 2 And raising levyes for the maintenance of the holy Land. 3 And reparations of St. Peter's Church. 5 The Popes used the colour of a holy War, to wreak their own spite. 7 And converted those collections to their private ends. Opposition made against them in Spain. Chap. VI p. 94. 1 BY what means the Popes cheated other Patrons of their advousons and presentations to Ecclesiastical livings. 2,3 Ancient complaints against this abuse. 5 Of their conferring them upon lewd persons. 6, 7 Remedies provided, but not applied. 9,10 Of their preferring dunces. 11 And aliens. 12 The inconveniences that follow upon this. 13, 14 Urged by the French. 15 Confessed by the Cardinals, but not yet reform by the Pope. Chap. VII. p 99 1 OF drawing all suits concerning causes and persons Ecclesiastical out of other nations to the Court of Rome. 2 Inconveniences thence ensuing. 3, 4, 5, etc. Complaints made against them. 7 Of appeals to Rome. 8● 9 The multitude and abuse of them. 10, 11 The Court of Rome's usurpation upon the Lay jurisdiction. Chap. VIII. p. 102 1 BY what means the Popes get the jurisdiction over causes and persons civil. Of Ecclesiastical informations. 2 Of the intervening of an o●th. 3,4 A law made in France against the Pope's usurpation in this kind. 4 And the statute of Praemunire in England. 5 The Popes intermeddling with Emperors and Kings. Their crowns and dignities. 6 As King Edward the first of England. The Pope rejcted by Parliament. 8 The judgement passed by Secular Princes, dis●●●●ed by Popes. 10, 11 Of their metamorphosing Lay men into Clergy men. 12 Of the Pope's Commissaries, and Delegate judges. 13, 14 Anciently complained of. 15 Not reformed but confirmed by this Council. 16 Of the Pope's Legates. 17, 18 Their power to legitimate bastards. 20 And other faculties, as to dispense with Counsels. Chap. IX. p, 107 1 OF the Pope's usurpation of Lordships● and Kingdoms. 2 Of their temporal dominion in Rome. 3, 4 How they hold it, and when they got it. 5 Th●ir claims to Scotland. 6 Encroaching upon Poland. 7 And Sicily. 8 Especially England in the time of King john. 9, 10. That story more at large. 11● 12 Excommunications abused by Popes to secular ends. 1●. 15. etc. Their inordinate desire of preferring their Nephews, and kindred by indirect means. 19, 20, etc. Their excessive luxury. Chap. X. p. 112. 1 OF the unlimited and injust power of Popes. 2, 3 Given them by their flatterers. 5 And admitted by themselves. 8 Wherein the plenitude of the Pope's power is said to consist. 9 How superior to Angels. 10 And th'Apostles. 12● 13● 14 How deified by his flatterers. 15 The adoration of his feet. 20 The donation of Constantine. 21, 22. etc. Several Popish maxims concerning the Pope's supreme authority in temporals. 30,31, etc. Of his transferring the E●pire and bestowing of Kingdoms. 41 Absolving subjects from the oath of allegiance. 52 Power 〈◊〉 Infidel Princes. 53 Donation of the West Indies. 55 Testimonies of Popes for their supremacy. 56 The King of France 〈…〉 how evaded by Popes. 57 The Pope's usurpations over Kings approved by this Council. 59 The King of France frivolously excepted. 60 The ill consequences of the Pope's temporal power. Chap. XI. p. 120. 1 OF the Pope's honours. How they make Kings their Lackeys. 2 By their Ceremonial. 3 And have required the actual performance of these services. The quarrel with the Emperor Frederick for holding the wrong stirrup. 4 For putting his name before the Popes. 6, 7 Other insolent carriages of Popes towards several Emperors and Princes. 10,11 A draught of the Pope's greatness. 12 Those authors that extend it furthest best encouraged; others suppressed and purged. Chap. XII. p. 123. 1 Pope's opposed in their attempts over Kingdoms and Empires. By the Clergy of France. 3, 4 In their excommunicating and deposing of Emperors. 5 By the Clergy of Liege. 6 The Pope's power in temporals spoken against by St Bernard. 7,8, etc. And diverse others. 10,12 Opposed by the Nobles of England. 13, 14 The Nobles and Clergy of France. 15 The States of the Empire. 16, 17 The Canonists. 21, 23 Divines and Historians. 24, 25 Princes and Parliaments. 26, 27 Popes absolving subjects from their allegiance disproved. 33 A list of such authors as deny their temporal power. Chap. XIII. p. 131. 1 A Parallel betwixt Christ's humility and the Pope's ambition. 2 The pride of Rome bodes her fall. 3 The Court of Rome like the image in Daniel. 4 A prophecy of a King of France. Chap. XIV. p. 134. 1 THe number of Cardinals too great. 2 An occasion of many abuses● 3 Of their prodigious plurality of benefices. 4 Their number anciently complained of. 5 But not reformed by the Council. BOOK III. Chap. I. p. 137. 1 THis Council gives too much to the Pope. 23 By allowing them the power of calling it. 4 And submitting all the Decrees to him. 5, 6 And allowing him the power to translate it. 7 Popes usurp the power of calling Counsels. 8 Or at least of approving them. 9 Counsels anciently called by Emperors, not Popes: without either their command, or explicit consent. Both general, a● the first of Nice. 12 th● first of Constantinople. 13,14, etc. Without any command from the Pope; proved at large against Bellarmine. 18 The first of Ephesus. 22 Bellarmine's answers refuted. 26 The first of Chalcedon. 30 The Council of Sardis. Chap. II. p. 145. 2 THe fifth General Council at Constantinople, called without the Pope's consent. 3,4 So likewise the sixth. 5 And seventh, being the second Nicene. 6 And eight general, at Constantinople 8,9, etc. Fifteen other Counsels, some 〈…〉; called by Emperors without the Pope's 〈◊〉 19 The 〈…〉 t● come upon the Emp●r●urs call. 20 That Con●●l● were called by Emperors is confessed by Popes. Chap. III. p. 149 1 Emperor's called not Counsels by commission from the Pope. 2 But Popes were petitioners to them for the holding of them. As Liberius to Constantius 3 Celestine to Theodosius. 4, 5, 6 And other Popes to other Emperors. 7, 8 Which was the common practice of other Bishops. 9 Popes sometimes called Counsels by commission from the Emperors. Chap. IU. p. 151. 1 THat Emperors when they called Counsels, directed their summons to Popes as well as to other Bishops. 5 How in ancient Counsels they spoke by interpreters. 6 The Pope's ignorance in the Greek. 7, 8 Pope's presence at Counsels not entreated, but commanded as well as others. Chap. V. p. 153● 1 DIvers particular Counsels called without the Pope's presence, consent, or authority. 2 Yet they claim the power of calling them as well as general 4 Examples of several Counsels called against Popes. Chap. VI p. 154. 1 THat notwithstanding all these authorities, the Popes arrogate to themselves the power of calling Counsels. 2,3 Their testimonies answered. 4 General Counsels should not be held unless the Pope be called to them. 5,6,7 That privilege common to him, with other Patriarches. 11 The old Canon, upon which the Popes build their authority, examined. Whether one of the Apostles. 12 Whether confirmed by the Nicene Council. (13 Ancient esteem of the Bishop of Rome.) 14 Or at Alexandria. 16, 17 Spurious Canons and testimonies imposed upon ancient Popes. 18 Ancient practice contradicts that pretended Canon. 20 How long it is since Pope's first took upon them to call Counsels. 21 Emperors called some since that. 23 Popes may call Provincial Counsels within their own Diocese. (Their particular Diocese of what extent.) 26 As may other Patriarches. 27 Whether a General Council be now possible: if not called by the Pope Chap. VII. p. 161. 1 Pour of calling Provincial Counsels given by the Council of Trent to the Popes. 2 Which anciently belonged to Kings and Princes. 3 Proved to belong to the Kings of France in France. 4, 5 A particular enumeration of above forty national Counsels called by command of the Kings of France. 18 Of others by their consent and approbation. 19 Counsels called by the Kings of England within their dominions. 20 Many others by the Kings of Spain. Chap. VIII. p. 167. 1 THat it belongs to the Emperors and Kings to appoint the place where Counsels sh●ll be held, and not the Pope. 2 Proved by examples of Emperors and petitions of Popes. 4 That Princes also prescribe the time when Counsels shall be holden. Chap. IX. p. 169. 1 THat the power of prorogueing, translating and dissolving Counsels, belongs to Emperors and Kings, and not to the Pope. 2, 3 That power used by the ancient, 6 Challenged by late Emperors. Chap. X. p. 170. 1 THat it belongs to Emperors and Kings to prescribe what persons shall b●● admitted in Counsels. 2 And what matters shall be handled in the ●● 3 And in what manner. 7 And form. Chap. XI. p. 173. 1 THat the Presidence in General Counsels belongs not to the Pope exclusively, but to Emperors, as also the judgement in them. That Constantine was Precedent of the Nicene Council. Reasons to the contrary answered. Athana●ius his testimony censured. 3 How Princes may fitly use their authority in Counsels. 5, Who presided in the second Council of Ephesus. 6 Zonaras and Evagrius misalledged by Bellarmine. 7. The Emperor appointed judges in the Council of Chalcedon. 8 Which were not the Pope's Legates. 8, 9, etc. Arguments to the contrary answered at large. 20, 22 The Precedents in the fifth, 23 And sixth General Counsels, appointed by Emperors. 24, 25 Not by the Pope. 31 Emperors not bare spectators in Counsels, nor mere executioners of their Decrees, 32 As the Council of Trent makes them. Chap. XII. p. 182. 1 THat the Pope hath no concurrent right to preside in Counsels with the Emperors. 2 Bellarmine's reasons to prove the Pope's Presidence in the Council of Nice answered. 3 Whether Hosius were Precedent there. 4 That the Pope presided not in the second General Council. 6 Nor in the third. (7 In what nature Cyril of Alexandria presided there.) 8 Nor fourth. 9 Nor could he have presided in the fifth if he would. What is meant by Prince in a Council. 10 The Pope's carriage concludes his pretended presidence. 11 The Pope no Precedent in the sixth Council. 12 The seventh, eighth uncertain. 13 The Popes presided in the eight General Council. 14 Yet doth not that destroy the Emperor's right. 15 As some Popes have given out. Chap. XIII. p. 188. 1 THat the Presidence in national Counsel's belongs to Kings and Princes. 2, 3, &c, Proved by sundry exampl●● of the Kings of France, 11 England● 12 And Spain. 13 Princes did not always exercise this power. Chap. XIV. p. 191. 1 THe power of authorising Counsels given to the Pope by the Trent Council. 4 How general Counsels were anciently promulgated and authorised. 5● 6 How Provincial. 7 The power of approving Counsels belongs no more to the Pope than to others. 9 His rejection of no more force than others. 10 Counsels anciently confirmed by Emperors. 12 Published and promulgated by them. 13, 14. Provincial Counsels confirmed by particular Princes, as in France. BOOK IU. Chap. I. p. 197. THat the Council of Trent (indirectly) advanceth the Pope's authority above a Counsels. 2 By suffering him to command them as he did. 13 And to mulct, 14 And transfer them. 15, 16 Pope julius, Paul more bold with the Trent Council than Eugenius with that of Basil. 17, 20 But with unlike event. 21 The Pope's authority in all things reserved by this Council, 22, 23 Which ought not have been done. 24 The whole power of expounding the Decrees wrongfully given to the Pope. 26 Their desiring his approbation. 27 The oath of obedience to him, inusuall and injust. 28 So was the Pope's cre●ting of Cardinals during the Council. 29 And his taking upon him to accord Princes. 31 Depriving Counsels of the election the Pope, 36 The faculties of Legates derogaroty to Counsels. Chap. II. p. 206. 1 THat the Pope is not above a Council. 2 For so no need of Counsels. 3 So the Pope should be the Church, which is absurd. 4, 5, 6 What is meant by Tell it to the Church. 7 Popes have confessed themselves inferior to Counsels. 9, 10, 11 The authority of Provincial Counsels greater than the Popes. 13, 14 Much more of General. 15, 16, etc. Saint jeroms' testimony about the Pope's authority examined. Chap. III. p. 212. 1 Pope's may be, and have been judged by Counsels. 2 Yea and condemned too. 3, 4 Pope john deposed by a Council. 8 Popes in fact have used Counsels against other Popes. 9 And submitted themselves to their judgement. 11 The quarrel betwixt the Pope of Rome and Patriarch of Constantinople, judged by the Council of Chalcedon. 12. The Pope's definition of faith examined there. 17 A cause judged by the Pope may be judged again by a Council, as Saint Austin. Chap. IU. p. 217. 1 OF several Appeals that have been made from Popes to Counsels, whereby the superiority of Counsels are proved. 2 Appeals made by Emperors. 3 By Generals of Orders. 5, 6 By Kings of France. 7 By the University of Paris. 8 A copy of their Appeal. 9 Such Appeals allowed by Canonists. 10, 11, 12 Bellarmine's three examples of Appeals from Counsels to the Pope answered. Chap. V. p. 217. 1 THat a Council is above the Pope, proved directly. First from the decrees of Counsels, 2 As of the first Pisan. 3 Those of Constance, Basil, Bourges. 4 That of Lausanne, 5 Another of Pisa. 6, 7, 8 All which Counsels were either called or approved, and confirmed by Popes. 9 A reference to several authors that teach a Council to be above the Pope. Chap. VI p. 224. 1 THe opinions of several Universities touching the authority of Counsels above the Pope. 2 As the University of Cullen, with their reasons. 3 The University of Erford. 4 Of Vienna. 5 Of Cracovia. 6, 7 Of Paris. 9.10 The Counsels of Constance and Basil in this point approved by most of the Kings in Christendom. 11 Particularly by the French, in the Pragmatique Sanction. 12 Which is still in force. Chap. VII. p. 230. 1, 2 EXceptions against the validity of the former Counsels answered. 3 The absence of some Prelate destroys not the generality of the Council of Constance. 4 Because they were schismatical: and so judged by the Pope. Nor was it destitute of a lawful Pope. 5 But confirmed by one. Bellarmine's evasion refused. 7 And retorted against the Trent Council. 8 The Council of Constance approved by succeeding Counsels, as that of Basil. 9, 10, 11, 12 And this confirmed by three several Popes. 13, 14 Nor generally rejected by the Church. 15 but only by some, and in part. 17, 18, etc. The validity of the Pi●an Council asserted; the nullity of the Lateran; and the story at large of both. 21 The oath of the Cardinals for reformation. 22 Pope julius his perjury; 23 Which occasioned the calling of the Pisan Council. 24, 25 His demeanour in it. 26 His conditions. 27 The Lateran Council justly rejected. 28 As prejudicial to France. 29 Is but a Conventicle. 31 And appeal made from it by the University of Paris. Chap. VIII. p. 241. 1 A Refutation of those five reasons which Pope Leo with his Council of Lateran urgeth to prove his authority over Counsels. 2 The first drawn from a supposed Decree of Nice. 3 The second from Pope Leo's translating the Council of Chalcedon. Which is neither true nor proving. 4 The fourth that Pope Martin did the like; but not without the consent of the Council. 6 The fifth from the Pope's prerogative above others. This granted for honour, not for authority. 7,8 Obedience of Counsels to Pope's pretended, not proved. 10 The fifth reason drawn from hence, that some Counsels have desired the Pope's approbation. Refuted, 11 Retorted. 12 The repeal of the Pragmatique, 13, 14 Invalid, and never admitted. 15 Pius the seconds inconstancy. 18 Bellarmine's argument from the order of names, refuted. BOOK V. Chap. I. p. 249. 1 ABuses committed by the Pope in matter of Indulgences. 2,3 An occasion of much wickedness. 5,6, etc. A Bull of large Indulgences granted by the Popes in the time of the Trent Council to the Fraternity of the Sacrament of the Altar. 42 The abuse of Indulgences anciently complained of. 43,44 The doctrine condemned by Gerson. 50 Reformation hereof demanded at the Council of Trent. 51 But not obtained. Chap. II. p. 260. 1 OF Fraternities, how devoted. 2 How dangerous to the State. 3,4,5 Of the Fraternity of the Chaplet, or the Order of Penitents. 6 Of the sect of Flagellants 7, 8 Their original, and orders. 10 Gersons book against them. Chap. III. p. 265. 1 DIspensations abused by the Pope. 2 He takes upon him to dispense with the Laws of God and man. 3 Complaints made hereupon by the Catholics in Germany. 6 By Saint Bernard. 7 By the Parliament of England. 9 By the Council of Constance. 10 By john Gerson, 11 By the deputies of Pope Paul. 12 Reformation demanded at the Trent Council. 13 Which meddled with them only in three cases. 14 And that as good as nothing. 15 And contrary to the liberties of France. Chap. IU. p. 269. 1 OF unions of Benefices both real and personal. Which the Council leaves to the Pope's disposal. 2 Which of right belongs to the Bishops of the Dioceses, with consent of the patrons. 3 Upon reasonable cause. 4, 5, 6 Otherwise they have and may be disannulled, notwithstanding any prescription. 7 Contrary to the Council of Trent; which allows prescription in some, and the Pope's pleasure in all. Chap. V. p. 271. 1 OF the residence of Bishops. Which the Council leaves to the Pope's approbation: To the prejudice of Princes and Metropolitans. 3 To whom it belongs to approve the causes of their absence. 2 How Popes by this means depriv● Princes of their best servants. 4,5,6 For Kings to approve of nonresidence, was the practice of France before this Council. 8 And the law since. Chap. VI p. 273. 1 BY this Council of Trent there can be no more General Counsel's but when the Pope pleaseth. 2 Which takes away all hope of reformation. 3 And is contrary to the Decrees of former Counsels. 4 The benefits proceeding from the frequency of Counsels. 5 They bridle the Pope's power: And therefore they decline them. Chap. VII. p. 275. 1 OF Jesuits. Their Order confirmed by this Council. 2 Their special vow of obedience to the Pope. 3 Their deifying of him. 4 They are the Pope's janissaries and Emissaries in the State. 5 Slaves to the Pope; and therefore n● good subjects to their Prince. 6 Their doctrine that Kings may be deposed. 7 And, of excommunicate, killed. 8,9 That heretics are to be put to death. 17 Jesuits pernicious to the State, therefore (once) banished out of France. Chap. VIII. p. 280. 1,2,3 THat this Council (in effect) gives the election, nomination, and investiture in all Abbeys and Bishopriques to the Pope. 4 How this is prejudicial to Princes. 6 How elections were anciently made by the Clergy and people. 7 Sometimes by the Pope. Yet still by a power derived from Emperors and Princes. 8,9 Proved out of the Canon law. Popes anciently elected by the Emperor. 13, 14 This prerogative not renounced by the Emperor Lewes, nor Henry. 15, 16 But practised by Emperors, and allowed by Popes till Gr●gory the s●venth. 18 And then taken from them by usurpation. Chap. IX. p. 285. 1 THe election and investiture of Patriarches and other Bishops belonged to the Emperors. 2, 3 In which the Popes had nothing to do but by commission from them: 10 Till Gregory the sevenths' time, who first usurped this power. Which was afterwards the occasion of many quarrels betwixt Emperors and Popes. 11,12, etc. As betwixt Henry and Paschal about investitures. 16 The Emperor's renunciation invalid, 17 Because compelled; 18 And does not bind his successors: 19 Who redemanded their right. 20 The Counsels that condemned Investitures for heresies censured, 21, 22 And Ivo for defending them: 23 Who contradicts himself. 24 The Emperor Henry in part excused. Chap. X. p. 291. 1 ELections, nominations and investitures belonging to other Kings and Princes in their own dominions. As the Kings of Spain. 2,3 etc. The Kings of England possessed of this right both before and since the Conquest. 11 With the Pope's approbation. 12,13 The Kings of Hungary 〈◊〉 Apulia have done the like. 14,15,16 How the Kings of France have behaved themselves in this point 18,19 Their right confirmed by Counsel 23. And testified by Civilian●. 26 El●ctours to have ●●e King's Congee d'olive. 27 And the elected to t●ke the oat● 〈◊〉 allegiance. ●8, 29 That the Kings of France retain the ●omi●●tion and the Popes have got the confirmation of Bishop●● 30 Which r●●ders them obnoxi●●a to the Popes, and careless of their Prince. 31,32. etc. Examples thereof in Engl●●d and France● BOOK VI. Chap. I. p. 299. 1 ALL jurisdiction in all causes and over all persons belongs originally to Secular Princes. 2 This Council exempts Bishops, and even in criminal causes submits them only to the Pope. 3 Contrary to right. 4, 5 And ancient practice. 11, etc. How Emperors have exercised their jurisdiction over Clergymen, sometimes by their Delegates: 12 Sometimes by Counsels 15, 16, etc. This right of Princes acknowledged by Popes. 18 Established by the Imperial laws. 19 Allowed by Counsels. 21,22,23 French Bishops judged by their Kings. Sometimes with a Council, 24 Sometimes without. 26 This judgement of Bishops refused by Popes. 27,28 The present practices of France in such cases. Chap. II. p. 306. 1 THat Bishops by this Council are made the Pope's delegates in matters of their own ordinary jurisdiction. 2 As visitation of Monasteries. 3 Providing for Sermons in peculiars. 4 Assigning a stipend to Curates. 6 Visiting of Clergy men. 7 Assigning of distributions in Cathedral Churches. 8 And assistants to ignorant Rectors. 9,10 Uniting Churches. 11 Visiting exempted Churches. 12 And others not exempted. 14,15 Visiting of Hospitals and Schools. 16 Disposing of gifts to pious uses. 17 Such delegations prejudicial to Bishops, Archbishops and Lawyers. 18 Evocations of causes out of other Courts to Rome, allowed by this Council. 19 The inconveniences thence ensuing. Chap. III. p. 313. 1 THis Council entrencheth upon the Secular jurisdiction, by attributing seemingly to Bishops, 2 But really to the Pope. 3 The cognizance of many things which in the Realm of France belong to the Civil jurisdiction in some cases, not wholly to the Ecclesiastical. 4 As libels. 8 Sorcerers. 9 Clandestine marriages. 10,11 And some other matrimonial causes. 12 Right of patronage for the possessory. 13 Lay appropriations. 15 Maintenance of Priests. 17 Visitation of benefices, so as to compel reparations to be made. 20 Sequestration of fruits. 21 Royal Notaries. 22 Simple Shavelings. 25 Civil causes of Clerks. 26 Adulteries. 29 Seizure of goods. 30 Imprisonments. 31, 32 Appeals as from abuse: abrogated by this Council. 33 Erection of Schools. 34 Building-money. 35 Means of hospitals. 36 Infeodation of Tithes. 39 Taking of the accounts of Hospitals, Colleges, and Schools. Chap. IU. p. 32●. 1 EXemptions granted by the Pope to Churches, Colleges, Abbeys, etc. confirmed by this Council, to the prejudice of Bishops. 2; 3 Many complai●● anciently made against them. 4 The Popes have no power to grant them. 5,6 The unlawfulness and abuses of them. 7 Reformation hereof desired ●t the Trent Council. 8 But not obtained. 9 Exemptions how used in France. Chap. V. p. 327. 1 THe power of granting pardon● for criminal matters, 2 Allowed to the Pope by this Council. 3 Unknown to antiquity. 4 Being the true right of Princes. Chap. VI p. 328● 1 THe number of Papal Constitutions and Decrees complained of to this Council. 2 Yet not abated, but all confirmed by it. 3 Many whereof were not received before. 4,5 Ancient complaints made against them. 6 By what degrees Popes usurped upon Princes by them● 8,9 Many pretended Decretals are supposititious. 15 Many abusive. 17 And derogatory to the Imperial laws. 19 The worst Popes authors of them. And the greatest enemies to Princes. Chap. VII. p. 335. 1 THe censure of all books left to the Pope by this Council. 2 The extent o● this power, and mystery of the Index expurgatorius. 3,4 Wherein they condemn all authors that stand for the rights of Secular Princes. 5 Or of Counsels against Popes. 6 And all that have writ against the abuses of their Court. 7,8, etc. And by the like reason they may condemn all or most of the laws of Princes, and liberties of the Gallican Church. BOOK VII. Chap. I. p. 341. 1 THat this Council tends to the depressing and abasing the authority of Christian Princes. 2 By robbing them of their temporal jurisdiction. 3 Especially in case of duels. That a Council hath no coactive jurisdiction over Princes. This proved by authority of Scriptures. 4 And ancient Fathers. 5 And Popish authors. 6 All coactive jurisdiction derived from Princes. 7,8 Over the Clergy variously exercised by the Imperial laws. 9 What use the Popes make of them. 10 They do not bind present Princes. Chap. II. p. 346. 1 THat a Council hath no power in temporal matters. Proved by authority of Fathers (against the Trent Council.) 3 By the practice of Popes. 5,6.7 And ancient Counsels. 8 By reason. 10 Secular Princes may require subsidies of Clergy men. 11 Even by the Canon law. 12 If they have any exemptions● 13 (As they have many) 14 They were first granted by Princes. Such subsidies injustly prohibited by this Council. 15,16 And some former Popes. Chap. III. p. 352. 1 EXcommunications abused by Popes against Princes. 2 Kings should not easily be excommunicated. 3 As they are by this Council. 4 The King of France claims a privilege and exemption from excommunication: 5 And why. 7,8,9 This privilege acknowledged by Popes. 10 Maintained by Parliaments. 11 Confirmed by Popes. Chap. IU. p. 355. 1 THis Council useth commanding terms to Kings and Princes, and makes them but the Bishop's officers and executioners of their Decrees. 2 Contrary to the practice of former Counsels. 3,4, etc. This makes Princes inferior to Priests in point of honour. 9 How much the Pope is greater than the Emperor. 11, 12 The humility of ancient Popes; and the great respect they used to Kings and Emperors. Chap. V. p. 359. 1 THe authority of Kings in the Church and over the Clergy. 2 More in right than in fact. 3,4,5 They are the patrons and defenders of the Church. 6 And have power to reform it. 7,8,9 This power confessed by Popes. 10,11 And Popish writers. 12,13 Exercised by Emperors, 14,15, etc. And kings of France. Chap. VI p. 365. 1 THat Emperors and Kings have in all ages made laws of Ecclesiastical polity and discipline. 3,4 Both before Christ, 5,6 And since. 7 That they had power so to do. (But not to administer the word or sacraments.) 8 Especially the Emperor, the Kings of England and France. 9, 10, etc. This power of Princes confessed by Counsels, and admitted by Popes. 16 Who became suitors to them in that behalf, 17,18 And promoters of their ordinances. Chap. VII. p. 371. 1 THe King of France wronged by this Council i● point of precedence before the King of Spain. 2, 3 The quarrel betwixt their Ambassadors at Trent about it. 4 The Spanish party favoured by the Pope. 5,6,7,8 And by the Council. 10,11 The King of France his right proved by Counsels. 13 Doctors. 14 Even Spaniards. 15 The Pope's prevarication in the cause. 16 Which is not yet decided. Chap. VIII. p. 377. 1 INdults and expectative graces utterly prohibited by this Council. 2 But tolerated by the laws of France, and practised there. 4 All power in excommunications, either for procuring or prohibiting them, taken from Civil Courts and Magistrates by this Council. 5 Contrary to the law and custom of France. Where the kings (by their officers) do decree them. 6 Or prohibit the execution of them. 7 Thereby curbing the attempts of Popes. 8 Prejudicial to the lay judges. 9 Censures and excommunications abused by Popes. 10 And therefore opposed by Princes. 11 A reformation required at Trent. 12,13,14 And before that they might be used for petty matters. 16 Yet no remedy obtained. Chap. IX. p. 383. 1 THis Council disposeth of the goods of Religious persons. Contrary to Law. 2 Gives Mendicants leave to possess lands, contrary to their Order, and its own Decree. 3 And the laws of France. Notwithstanding the Pope's dispensation. 4 This Council cancels some leases of Church lands, injustly, because without the King's leave. 5 It ordains about commutation of last Wills, contrary to the laws of France. Chap. X. p. 385. 1 THis Council commands all Clergy men to receive the Decrees, without regard to their Prince's consent. (2 Contrary to the practice of other Counsels) 3 It denounces excommunications in case of refusal. Requires an oath of obedience. Disallows' toleration of Religion. 4 Approves violence in rooting out heresies. 5,6 And ordains the Inquisition for them. 7 Contrary to the Edicts of pacification in France. 8 The prejudices done by this Council admit of no qualification. 9 And therefore it hath been justly rejected. Faults escaped. Pag. Line Fault. Correction. 24. 37. preceded. preside. 31. 18. to stain,. ● to stain. 40. 36. Trent. Tyre. 41. 34. Rhegno. Rhegino. 58. 9 a. deal. 64. 21. Holiness. Highness. 32. discords. disorders. 71. 43. Of Chartres. Of the Charterhouse. et 224. 5. 75. 24. Fontanus. Fontanus hath put. marg. Alberius. Albericus. 81. 3. exequeter one yeeros. exchequer one years. 83. marg. Valoterran. Volaterran. 86. 41. Princes. Provinces. 94. 33. this. in this. 95. 9 Apostles. Apostle. 101. 40. rank. instance. 109. 24. gave. have. 121. 46. writ. went. 122. 53. Avarus. Alvarus. 125. 30. in. into. 130. 46. at. as. 159. marg. Radericus. Radenicus. 166. 34. Sismand. Sisenand. 187. 10. Emp●rour. Emperors. 191. 27. assembling. ascribing to him. 194. 13. commanded them that. deal. 222. 22. to wit. deal. 241. 2. that. by that. 251. 36. found: founded. 253. 26. blessed. the blessed. 257. 47. the. at the. 265. 5. they. an. the. and. 269. 3. to Popes. to the Popes. 278. 16. Monarchy. Monarch. 288. 42. you. yond. 293. 4. Doctor. rings. Doctors. Kings. 5. eight. right. 33. were. they were. 296. 42. Churches. clutches. 307. 21. honour. under. order. over. 310. 41. judge's Royal, Ordinaries. Ordinary judges Royal. 314. 7. confute. confute it. 323. 23. the. deal. 328. 25. by. to. 331. 19 authenthenti●ue. authentic. 33●. 14. by. lie. 336. 36. Huguenots. Huguenots. 367. 20. Church. Clergy. 374. 36. George of. George. Of. A REVIEW OF THE COUNCIL OF TRENT. CHAP. I. Of the resistance that hath been made against such Popes and unjust Counsels as took too much upon them. THE Council of Trent was called of purpose to reform those abuses of the Pope and Court of Rome which were the occasion of that Schism under which we now groan: The occasion of c●lling the Council. which have raised all Christendom up in arms in these latter days, and for the space of two hundred years and upwards, in sundry Counsels: which Pope Adrian did confess in the Diet at Noremberg. and some of which the reformers of Paul the third could not deny. But the Popes turned the Cat in the pan, and carried the matter so handsomely, that in stead of a natural birth, the Council was delivered of a monster; and for a Canon or Synodical Decree, brought forth a Papal Bull: in stead of an extirpation of abuses, a nursery of errors: a depravation, for a reformation: a source of injustice: an authentic title to legitimate all the usurpations that ever the Popes have made upon the authority of the Church and other ecclesiastics; upon Emperors, Kings, and Commonwealths, with their officers, liegemen and subjects: in a word, upon all Christendom, with all the Estates therein, as well Temporal as Spiritual. To the holding of this Council they were in a manner compelled by violence: The occasions of calling the Council. for, excepting honest Adrian, (who went about it with an upright intention) all the rest would gladly have been fairly quit of it. Clement the seventh did openly contradict the proposal of it, which Charles the fifth at his coronation caused to be made by his Chancellor at Bononia: But the Emperor prosecuting his suit daily with the successors of Clement; they were constrained to make show of an inclination thereunto: yet so, as they stood a consulting about the calling of it full five and twenty years, from 1522. (what time Adrian by his Legate at the Diet at Norimberg engaged his promise for it) till 1546. still giving out fair pretences, and studying for new occasions to delay it: posting it from one to another, and passing it over as a debt to their successors. Yea and even after they had set about it, they managed it so, that they kept it low, betwixt living and dying for eighteen years, taking their time of purpose that they might level their stroke right, wherein they have outstripped the choicest masters of that art in Palestine; they have good reason to understand this passage. Many of their predecessors had left their weapons there; many had received blows and mortal wounds there. Germany was fatal to them, and the remembrance of the Counsels of Constance and Basil madded them; when they thought upon the deposal of so many Popes; the discipline whereto they were made subject; and the cutting short of their power. They had observed the saying of john the 23. a Nau●leru● Volume. 1 generat. 48. The place of the Council is all in all; I will not have it in a place where the Emperor hath the upper hand: and the despair he conceived both of himself and his fortunes, when he received the news that his Legates had condescended to the election of the City of Constance. They perceived withal that all Germany banded with the Emperor to have the Council amongst them, and bended all their designs to that end: so that it necessarily concerned them to save themselves by flight; to shuffle on the time; to spin out delays; to pump for pretences; and in fine, when they could no longer shift it, it was behooveful they should pitch upon some such City as would be sure unto them, that depended on them, and wherein they had absolute authority. Such, in conclusion, was Trent: yea and that after they had made enquiry about some others which (as they conceived) lay more convenient for them in Italy. It must be their next care to be special wary to what persons they yield admittance; to bestow such only there as were engaged, that so they might make it more firm for them; and proceed now quick, then slow; now an amble, anon a gallop; holding that course which best fitted with the nature of the affairs, and the disposition of the persons. It behoved them also now and then to break off and defer it, and when their party was somewhat ill at ease, to adjourn it to another place, as as to Bononia, under colour of some sorry indisposition of the air: Besides, to move all Catholic Princes to an utter extirpation of the Protestants, and such as had taken their long leave of the Pope. And if this would not serve the turn, than they must scatter reports amongst the Catholics themselves, to set them by the ears together, and kindle the fire in all quarters of Christendom; enter league with the stronger party, to support their greatness, and raise it to a higher pitch. They must by all means possible win the Bishops and the rest that had aught to do in the Council; feed them fat with promises; present them with commodities, make them joint sharers in their dignities and benefices, and gain them to their side by such like allurements. Then they must submit themselves to these conditions, Not to determine any thing, but with the good will and pleasure of the Holy See, which, when need required, sent the Holy Ghost in post in a cloak-bag, making him take a good many journeys: To anathematise all the opinions of the Lutherans, Huguenots, and Calvinists, without exception, how true soever; for fear of giving them the least advantage. To make goodly decrees in appearance for the reformation of manners and Ecclesiastical discipline, about points unnecessary, and such as never came in question: The occasion of calling the Council. and under hand to forge others to confirm the groundless usurpations of the Pope, and quite ahull all the pleas of Christian Princes, to elude all their reasons and demands. On the other side, to set up such as would enlarge that immense power of the Pope, to make it truly Monarchical; such as would make all the Kings and Princes of the earth to tremble at their voice; such as would put a rod into his hand, wherewith he might whip them at his pleasure, upon any conceived grudge; or rather a material sword, or some such like offensive weapon, wherewith he might assassinate them, when they should wax either cold or lukewarm towards his imperial Edicts. It behoved them also to disannul all the Decrees of the Counsels of Constance and Basil which were any way prejudicial unto them; either covertly repealing them, or by some oblique means voiding the force of them; and so to deal with the rights and liberties of some such Realms and Provinces as durst stand upon their prescriptions, privileges, laws and statutes, whereby they pleaded exemption from their upstart decretals. Lastly, it concerned them to take special care how they meddled with the reformation of the Pope; how they spoke of his excessive power; of the abuses and misdemeanours of his Court; of his injust attempts, and the little care which he hath of his spiritual charge, and the good of souls. This was a rock they must not touch upon in any case. And so well they knew how to steer for their best advantage, that whosoever reads their Decrees, cannot choose but forthwith confess that it is a work merely Papal, and such as none else could have a hand in; and will ever remain of this opinion, that this last Council is nothing behind with those of Florence, and that of Lateran, which were called of purpose to disannul that of Basill, and the second of Pisa: just as this of ours was to stop the clamours of the Christian Princes and people, lest they should have put up one or other in Germany, like to the first of Pisa, or some others held in after ages. For you shall never read of any Council that was so much to the Pope's honour and good liking, as this. Amongst so many Bulls and Constitutions which have come forth since, you shall scarce find any which doth not make mention of this Council; which doth not name it with honour; which doth not express an earnest de●ire of the observation of it, and which doth not in some sort confirm it. Let a man but read the Commissions of the Nuncio's, which since that have come into France and other Countries; so many articles in them, so many rehearsals or reinforcements of this Council. To say nothing of the great pains they have, and do daily take, to have it generally received and kept: Among all the Counsels that ever were, no compare with this for reverence and respect. It hath quite defaced and extinguished the memory of all the rest. 'tis their minion, their favourite, their champion, their arsenal, their bulwark, their protector, their issue, and their creature: and good reason why they should make so much of it. Now the more highly they prise it, the more should we suspect it; the more should we strain our veins, and bend our nerves, our force and vigour, to repel and stifle it as a venomous serpent: what we do in this kind will not want a precedent. When Popes and Counsels have straggled out of the right way, when they attempted more than of right they ought, when they took their passion for their guide, they have ever encountered with just disobediences, and lawful resistance; with strong mounds and fences, which have stopped the current of their out-breaking and injust enterprises. 2 The Emperors of Germany are all full of wounds and scars, which they received in such like scuffles. I may well say received, not only in the authority they have or should have in the Church, in the rights of their Empire; but even in their persons: I may well say scuffles and combats, they being ofttimes constrained to buckle on their harness, and take up their swords in their own just defence, to repel the offensive arms of him who under pretence of the Spiritual, usurped upon the Temporal; stirred up against them their vassals and subjects; took the Crown from them, and elected others in their place● pretending himself to be Emperor and Lord paramount of the Empire, and all the Kingdoms of the world: who made as much use of Paul's sword as Peter's keys, to achieve his conquests, to wreak his vengeance, to engross all authority unto himself, and like the old Romans, to make himself Monarch, Commander, and Lord of the Universe. The examples of the Henry's, frederic, Ludovicus Bavarus, and many other Emperors, are sufficient proofs of what we here speak. England hath had such sufficient experience of the effects of that tyrannical government, that after she had lost all her liberties both Ecclesiastical and Civil, (which were not inferior to those of France) after she had been ransacked and ravazed in a Scythian and Tartarian manner, she was miserably enslaved and made tributary to Rome; and her Kings, for all their honour, declared feudataries to the Pope; stooping under that base servitude till Henry the eight; who, to be revenged of an injury received touching his marriage, withdrew himself and all his Kingdom from his obedience to the Pope, and that while he was yet a Catholic. As for our b Vid le recueil de● li●ert●s de l' E●li●e Galli●ane. France, it is a long time since the French Church hath been at daggers-drawing with the Pope and Court of Rome, for the preservation of their rights and liberties; which consist mainly in the not acknowledging of the Pope's power any way in temporals, nor in spirituals, but so far as is conformable to the ancient Canons and Decrees. Sometimes they went so far in the controversy, that he, that shall read the histories of it, will never marvel at those writings which have been set forth against the Pope in these latter days. The commendation of preserving these liberties belongs principally to our Kings, who have ever opposed themselves against the avarice and ambition of the Court of Rome, as Guardians, Protectors and preservers of these liberties; and have stopped the course of that, not without a great deal of trouble and turmoil, by the good advice and counsel of the States of the Land, and chiefly of the Parliament and University of Paris, who have ever been the fortresses of France. King Philip Augustus, Saint Lewes, Philip the Fair, Charles the sixth and seventh, c Vid le● remons●●an●es ●a●tes a● Roy Joys 11. pa● la Cour de Pa●lement● sur les p●ivil●ges de l'Eglise G●llicane, l'an. 1461. et les memoires d● M jean du Tillet. Et appendicem ad Martinum Po●onum, sub anno 1312. E● l'advis de M. jean du Tillet sur les libertes de l'Eglise Gallicane. Lewes the eleventh and twelfth, did strongly withstand the transportation of gold and silver, the collation of Benefices and Bishoprickes by the Popes their usurping of jurisdiction, first-fruits, graces in reversion, reservations, and such like trumperies of the Court of Rome. Philip the Fair rejected the Bull of Clement the fifth, concerning the confiscation of the goods of the Templars, (although it was confirmed by the Council of Vienna●) as entrenching upon jurisdiction within his Realm; it is a wonder to think how far they went in some particulars. * Platina in Bonifacio 8. Martinus Polonus sub anno 1301. jean Bouchet en la 4 party des Annales d' Aquitain. Nicolas Giles en ses Annales de France en la vie de Philippe le Bel. Chroniques' de Bretagne l 4. chap 14. Vid libellum de statu Ecclesi●e Gallicana in schismate. & Papon l. 1. tit. 5. ar. 27. This same King was the first that felt the effects of their indignation upon that occasion, by the sauciness of Boniface the eighth; who being incensed by the resistance of that Prince, thundered so thick upon him, that after he had pronounced him his vassal and subject as touching his temporals, he denounced an anathema against him in reference to his spirituals. The King being justly provoked herewith, assisted by the Lords Temporal and Spiritual of his Realm assembled in Parliament, by their counsel and advice, repelled that injury: and paying him in his own coin, caused his injurious and proud letters to be burnt; sent his Nunioes' home again with shame enough; accused him of heresy and simony; yea and put him in such a fright by that brave spirit Nogaret of St. Felix, that he died upon it. Charles the sixth being excommunicated by Benedict the thirteenth, put the bearers of his Bulls to the d Amende honoraire so they call this kind of ignominious punishment. honourable Amends, making them to be carried in tumbrels, apparelled in painted coats, with paper Mitres upon their heads, and the Pope's Bull represented in their hands, and his arms reversed. All which was done by the advice of the Princes, Lords, Prelates, and other ecclesiastics of his Kingdom, together with the Parliament and University of Paris; as appeareth by the Acts published concerning this particular. Lewes the eleventh, to wave the censures of Pius the second, made his Attorney general put in an appeal from that Pope to the next Council. Lewes the twelfth had a defensive war against julius the second, upon this occasion. He had suspended him by the Council of Pisa, whereupon he procured a Synod of the Gallicane Church held at Tours in September 1510. to determine against him, That it is lawful for Christian Princes to defend themselves against such Popes as stir up unjust wars against them, and to subtract their obedience from them. The Parliaments of this Kingdom, and namely that of Paris, Vi● les remonstrances faites au Roy Joys 11 pa● la Cour de Parlement de Paris sur les privileges de l'Eglise Gallicane l'an 1461. Vid. Libellum de statu Ecclesiae Gallicanae in schismate pag 77. & Gaguinum in Ludovico 12. have always engaged their authority for the justice of such defence; either by way of humble remonstrance made to our Kings, (who, upon the persuasion of some bad Councillors, sometimes yielded too much to the Pope's impositions; or else by reason of the exigency of their affairs, which those cunning fowlers were ever ready to spy out, soothed them up in their humour too much) or else by cancelling the Pope's Bulls in cases of appeals as of abuse, or some other way: where the Advocates and Attorneys general have ever had a fair occasion to show their strength and abilities in, and whence many of them have purchased eternal commendations. The famous University of Paris, and more especially the learned Sorbon, have as it were set bounds and limits to the power of the Popes, and made them know their duty; they have slighted their injust Bulls; and, what by their consultations, what by their appeals to future Counsels, they have preserved our liberties and privileges entire even until this instant. I will not rob the Clergy of France of the honour they have achieved, nor of the share which is due unto them in all these trophies. What though there were some of that rank defective in their duty to their Prince, out of a timorousness which they might have of being disobedient to him whom they accounted their spiritual Head? yet there wanted not some of them who stood in little awe of his chafings and thundering. The Prelates of France, in the Synod of Rheims held under Hugh Capet, Concilium Rhemense. made a declaration: that the Popes have nothing to do to usurp the power and authority of Kings. Arnalt Bishop of Orleans maintained in that Synod, that the Popes have no power at all over the Bishops of France, so as to have any cognizance of cases belonging to them; and he declamed most stoutly against the avarice and corruption of the Court of Rome. Gerbert Archbishop of Rheims, and afterwards Pope of Rome, in an Epistle of his writ to Seguin Archbishop of Sens, saith, that Rome approveth such things as are condemned, and condemneth such as are approved, Gerbertus in epistola ad Siguinum Senonensem Ar●hiepiscopum. That (saith he) which we say belongs only to God; the Apostle tells us. If any preach unto you any other things than those ye have received, though it be an Angel from heaven, let him be accursed. Must all Bishops burn incense to jupiter, because Pope Marcelline did so? I dare boldly say, if the Bishop of Rome have offended one of his brethren● and will not hear the admonitions of the Church, he ought to be accounted as a Heathen and a Publican. The Bishops of the Council of Mentzes writ yet a little more tartly to Nicholas the first, Vi. annal incerti authoris inter scriptores co●●taneos Pithoei. calling his fury tyrannical; his decree injust, unreasonable, and against the Canon laws; accusing him of rashness, pride, and cozenage; and so giving him to know that he had no power over them, and that he ought to acknowledge them for his brethren and fellow-Bishops. Vrban the second forbade the Bishops of France to crown Philip whom he had excommunicated; Ivo epist. 134. but they were readier to obey their King's commands, than his prohibitions, as we shall tell you anon. The most of those oppositions made by our Kings, whereof we have spoken, were abetted by the Prelates, and other ecclesiastics. These latter times afford us as pregnant examples as any of the precedent; 〈…〉 lling the ●ou●●ell. wherein we have seen the most learned and honourable Prelates of France banded together for the maintenance and defence of their King, their rights and liberties of their Country and Church of France, against a Gregory the fourteenth, a Sixtus the fifth, and such others as projected the demolition and utter ruin of this State. It were too hard a task to go about to reckon up the words, deeds, and writings of the many Prelates and Churchmen of this Kingdom, whereby they have many times repulsed the invasions of Rome. 12 Suffice it us to say, that in the greatest storms God hath ever raised up men of courage and discretion, as many, yea more of that order than any other, who have rung the alarm, sounded the trumpet, taken up arms, and given our Kings to understand how far they might exercise their power in spirituals, for the preservation of their rights and liberties. annal in●ert●●ut●or●● in col●loctione Pi●hoei, sub anno 863. & Aventinus l. 4 hist. Bo●o●um. 13 Nicholas the first in a Synod of his holden at Rome in the year 865. revoked the Decrees of the Council of Mentzes, pretending that it had attempted to make a divorce betwixt King Lotharius and Thiberg his wife, promising withal that he should afterwards marry with Waldrada, and this without the authority of the See Apostolic: he also deprived of their dignities, and excommunicated Theugot Archbishop of Triers, and Gunther Archbishop of Cu●●en, and passed the same sentence of condemnation upon the rest of the Bishops of that Council, in case they did imitate and uphold the former. Please you hear his own words. The sentence of deposition, which we have denounced against the foresaid Theugot and Gunther, and the other chapters made by us and the holy Council, shall be here inserted. Yet for all these menaces, they caused pretty stout letters to be writ to the Pope in the name of Theugot and Gunther, whereby they showed that they made no great reckoning of his thundering and condemnations, though he had given them a taste of a Council. We do not receive (said they) that corrupt sentence, which is far from any zeal of equity, injust, unreasonable, and against the Canon law. But, together with the whole assembly of our brethren, we disregard and reject it, as a matter unconscionable and full of wickedness, pronounced in vain. Nor will we communicate with thee, who art a favourer of such as are anathematised and cast out, despisers of holy Church, and dost indeed hold communion with them. But we content ourselves with communion with the whole Church, and that fraternal society which thou proudly misprizest, in exalting thyself above it, and excludest thyself from it, making thyself unworthy of it by an over-haughty advancing thyself: So that out of an inconsiderate lightness thou art struck with an anathema by thine own sentence; in as much as thou writest, Cursed be he that doth not keeps the Apostolical commandments; which, it is well known, thou both heretofore many ways hast, and at this present dost violate, trampling under foot both the laws 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 near the footsteps of thy predecessors the Bishops of Rome. We therefore having experience of thy craft and subtlety, observe withal thy indignation and high swollen ambition, and we do not yield 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 Clerks, (as thou dost boast and brag) but that thou shouldest acknowledge us for thy brethren and fellow-bishops, if thy arrogancy would permit thee so to do. 14 When the Popes had not power enough of themselves to compass their ends, to tame Princes, to trouble and enthrall Christendom, or haply when they would set a fairer gloss of justice upon their actions, and cut off all means of gainsaying, than they relieved themselves by the authority of some Council 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. The occasion of calling th● Counce●l. Till at last they begun to find out the mystery, and perceive plainly that those assemblies, under colour of piety and religion, served but for instruments to the Pope's humours, to wreak their humane malice; stuck close unto their tyranny● and gave authority to their injust usurpations. This was it which oft times gave occasion to reject those Counsels as spurious and adulterate, as the Synagogues of Satan; yet always conserving a due reverence to those true, holy, lawful, and Ecumenical assemblies assembled in the name of the Holy Ghost, whereof we shall give you an instance or two. 15 Gregory the seventh excommunicated the Emperor Henry the fourth, by virtue of a famous Council holden at Rome, H. Mu●●●● l. 15. Germanic. Chron●corum pag. 118. in the year 1074. The Pope (say the Germane Chronicles) called a famous Synod of Bishops, and other Ecclesiastical Prelates at Rome, in which Council diverse things to be observed by all Christians, concerning the Pope's authority, were enacted and ordained. There also was Henry afterwards excommunicated as an enemy and persecuter of the Church. Platina hath set down the form of that excommunication. In vita Greg. 7. Guilielmus Malmes●u●. l. 4. c. 2. An English Monk doth ascribe it to the Council of Clerimont; but he doth but equivocate in that, unless he mean that it was repeated there. Yet for all this the Bishops of Germany did set so light by it, that the next year after being Synodically assembled at Brixin in Austria, they deposed Pope Gregory, and chose Gerbert Archbishop of Ravenna in his stead, calling him Clement. Idem Mutiu● Germanicor● Chroni●orum l. 15. pag. 120 Henry desiring to secure the fluctuating and troubled estate of the Church (they are the words of the same Chronicle) called a Council at Brixin a City in Austria; where he assembled all the Bishops and Abbats which were of his opinion, against Pope Gregory: In which Counceil they by their decrees deposed Pope Gregory, in his absence, from the See apostolic, as a perturber of the Church, and a wild headed Monk (for he was a Monk before he was Pope) and chose in his place Gerbert Archbishop of Ravenna. Afterwards he sets down the very words of the Decree. Platina, though an officer of the Popes, affirms as much. In Greg. 7. Then (saith he) Henry being rather incensed than admonished by these censures, having assembled a company of Bishops ill affected like himself, he created Gerbert, late Archbishop o● Ravenna, Pope, and called him Clement. The Council of Clerimont holden under Vrban the second, and where he was personally present, in the year 1094. or (as others are of opinion) 95. made the like attempt to excommunicate King Philip in his own kingdom, by reason of his marriage; and again in a Council holden at Poitiers not long after by the Pope's Legates. In this Council (saith Matthew Paris, Matthaeus Paris in Will●lmo 2. pag. 29. Willelmus Malmesbur. l. 4. in Willelmo 2. cap. 2. Ivo Carnutensis epist. 212. speaking of that of Clerimont) Pope Urban excommunicated Philip King of France. And another English Author; In this Council 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 speak unto him. In like manner Ivo Bishop of Chartres speaks of them both. By reason of this accusation King Philip was excommunicated by Pope Urban at the Council of Clerimont; and having resumed the same wife after he was divorced from her, he was afterwards excommunicated at the Council of Poitiers by the two Cardinals john 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, Idem Ivo epist. 68 whose partisan he was) that, contrary to the prohibition of your Legate, the Archbishop of Tours hath set crown upon the head of the King. He speaks 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 Legates of Pope Paschal the second, Idem Ivo epist. 134. Certain Bishops (saith he) of the Province of Belgia, crowned the King upon Whitsunday, contrary to the Edict of Pope Vrban of happy memory. In another Epistle formerly writ to the same urban, he gives him to wit how Philip had sent Ambassadors unto him with prayers in one hand, T●e o●●a●ion of calling the Council. and threats in the other, such as these; That the King and Kingdom would relinquish their obedienec to him, unless he did restore the King unto his crown, and absolve him from the sentence of excommunication. Ivo epist. 28. ad Vrbanum Pa●●m. And afterwards he advertiseth him, how the Arch-Bishops of Rheims, Sans, and Tours had, by injunction from the King, appointed their suffragan Bishops to meet at Troy's, 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 Council of Clerimont: next, that they were very ready to put in execution those threats which the Ambassadors went to make unto the Pope, in case he did not condescend unto the King's pleasure. And yet that was as renowned a Council as this of Trent, if not more; where the Pope himself was present in person; where that great Croisada for the holy Land was concluded upon: Matthaus Westmonast. l. 2. sub anno 1095. and one of our Historians speaking of it, calls it in terminis, The great Council. In the year 1215 Innocent the third in a general Council holden at Rome, did excommunicate Lewes the eldest son of Philip Augustus' King of France, with all his adherents. The same year (saith an English Monk) upon S. Martin's day, Matth. West. monast. lib. 2. sub anno 1215. was there a general Council holden at Rome under Innocent the third; at which were present, Primates, and Archbishops sixty one; Bishops, four hundred and twelve, and eight hundred Abbots and Priors. In which Council the said Pope did excommunicate Lewes the King of France his eldest son, and all the Earls and Barons of England, with their complices, which conspired and rebelled against the King of England. Philip Augustus knowing the excommunication, said to Gualo the Pope's Legate, Idem ad ann. 1216. The Kingdom of England (which the Pope pretended to be feudatary to him, and thereupon proceeded to that sentence of excommunication) never was, nor is, nor ever will be S. Peter's patrimony, in as much as no King or Prince can give away his Kingdom without the consent of his Barons, who were bound to defend it. And if the Pope intent peremptorily to stand in this error, urged thereto by a desire of enlarging his dominion, he will give a bad precedent to all Kingdoms. Whereupon the nobles of France, seconding the words of their Prince, begun in an instant to cry out with one voice, That they would stand for that article till death. And yet all this was against the decision of a solemn general Council. Platina in Bonifa●io 8. Martinus Polonus l. 4 in Boni●acio 8. sub an. 1302. Boniface the eighth (saith Platina) having called a general Council, subjected Philip the Fair and his Kingdom to the Emperor Albert: this was (saith the Bishop of Consentia, who relates the same story) in the year 1302. Notwithstanding this decree of the Council, Philip the Fair did revenge himself upon Pope Boniface, in such sort, that if his violent death had not ensued upon it, his proceedings had never been blamed nor condemned by any man. Platina, Platina in Bonif. 8. after he hath delivered the story at large, gives him this elegy; Thus died that Boniface, who studied rather to strike a terror then religion into all Emperors, Kings, Princes, Nations, and people; who laboured to give and take away Kingdoms, to repulse and recall men at his pleasure; insatiably thirsting after an incredible mass of money, which he had raked together by hook and crook. Wherefore let his example be a lesson to all governor's, religious and secular, not to rule their Clergy and people proudly and disdainfully, as the man we speak of did, but piously and modestly. Benedict th'eleventh, who succeeded this Boniface, being informed of the justice of the cause of our King, absolved him from the interdict, whereto both himself and all his Kingdom were subjected; Extravagant Meruit. de privileg. M●rtinus Polinus in Clement ● sub an. 1305. and beside set forth a declaration for the exempting of the Kingdom of France, from that power which Boniface by his Decretal did arrogate to himself over all Empires and Kingdoms whatsoever, and for the preserving of it in the ancient rights and liberties thereof. 16 Pope john the twenty second (say the Germane Chronicles) Henry the 3. urged ●o receive it. having called a Council at Avinion of Bishops and Cardinals not a f●w, passed the sentence of excommunication upon Lewes the Emperor, and gave his reasons in his B●ll ●gainst Lewes; Mutius in Germanic. Chronics l 24 pag. 2●6. because he had aided heretics and schismatics, and had ever been a favourer of rebels. And beside he denounced the sentence of excommunication against all those that did not sequester themselves from his company, and of deprivation of their benefices and dignities against such Priests as should celebrate divine service in his presence. The Author adds one thing very remarkable; These proceedings (saith he) of the See of Rome, were in those days of great efficacy; for it was a crime inexpiable to be of another opinion than th● Pope of Rome: yet were there some notwithstanding who ●ided with Lewes without any regard of the excommunication: but these not very many; for in an imperial Diet called afterwards by the Emperor, to see if he could find any relief against that sentence; all the world was frozen-hearted and crest-fallen. All the refuge that poor Emperor had, was in a few Lawyers, who stoutly defended his right, and thereby confirmed most of those who were wavering. Lewes had (saith the same Chronicle) some Doctors both of the Civil and Cannon Law, who were of opinion, that the Pope's sentence was null and invalid; which opinion of the Doctors was a means why diverse did not abandon him. See here how the Emperor's party, notwithstanding his right, was at first but very weak; yet afterwards grew so strong, that every one openly rejected the unjust decree of the Council. The Estates assembled at Francford the year 1338. did cancel and disannul all these lawless proceedings, by a fair decree which we may read at large in Nauclerus, Nauclerus Volume. 2. Generate. 45. Extat etiam apud Aventin. l. 7. Annalium Botorum Vide etiam Alber●um Argentinensem in Chronic Et Albericum de Rosate in L Bene ● Zenone C. de quadrie● praescrip. Albertus' Argent in Chron. Panormit. in tract de Concilio Basiliensi, ci●ca princip num 6. Extart high articuii apud Nicolaum de Clamengiis post Arrestum de Anna●is pag. 128. Provost of Tubinge, wherein are set down all the authorities and reasons in law against the forementioned sentence and process, with this close, By the advice and consent of all the Prelates and Princes of Germany, assembled at Francford, we decree that the former process, be void and of no effect, and pronounce a nullity upon them all. One of our commentators affirms, that even in the Court of Rome, where himself afterwards was, many Prelates and many laiques, well skilled in both the Laws, did hold that the Emperor was wronged. To be short, there was not one till Pope Benet the twelfth, who succeeded Pope john, that did not disrelish that process; and yet it was done in a Council. The Council which was begun at Ferrara 1438, and continued at Florence, was never received and approved of in this Realm of France. The Bishop of Panormo tells us so; The King of France (saith he) did expressly forbid upon great penalties, that any of his dominions should go to Ferrara to celebrate the Oecunmenicall Council. Charles the seventh tells some Cardinal's downright so, who were sent Ambassadors from Eugenius, and were come to Bruges to get him to accept of it, and amongst others to present him with this Article; That since such time as it was translated to Ferrara, the King should reject the Council of Basil, and receive the Council of Ferrara with the acts thereof. Whereto he made answer, after six days deliberation with his Prelates and others assembled at Bruges, That he had received the Council of Basil for a Council indeed; that he sent his Ambassadors thither; that many things were there wisely determined concerning faith, and manners● and such a● he liked well of: But for that of Ferrara, he never did, nor never would take it for a Council. 17. These articles and answers are extant in the works of Nicholas de Clem●ngiis. Vi. Editionem Romanorum Ac●orum generalis 8. Synodi pe● Antonium Bladium, anno 1516. And yet for all this Clement the seventh styles this the Eighth General Council. For mark how he speaks of it in his Bull of the 22. of April 1527. directed to the Bishop of Farnasia. We cannot choose but l●nd you our assistance in the impression of the Acts of the eighth General Council held at Florence, which you have translated out of Greek into Latin. True it is, that Laurence Surius disavows it, 〈…〉 not admitted. when he saith, it was not well said to call it the eighth Council, because that's not its place. He wist not haply, that a Pope (so saith Bellarmine, them to a greater Doctor than Clement) ranked it the sixteenth amongst the approved General Counsels. There hath been such a stir in France about placing it according to its rank, Su●ius in ●pist. a● l●ctorem post-haste Council 〈◊〉 t●m. 4 ●on●il. p●g. 780 Bellarm. 1. tom. 4● contr. gener. l. 1. c. 5. that the question hangs yet in the Court undetermined. As for the Council of Basil, although the Ambassadors of France were there, and Charles' the seventh confess that he received as a Council; yet for all that he approved it but in part: for of forty five Sessions of that Council, France hath received only the thirty two first, and those too not without some qualifications and restrictions. Some Decrees as they lie, others with certain forms and modifications; so says the Pragmatical Sanction. V●. pragmatic Sanc●ion●m in pro●●m. As for the last, which mainly concern the deposing of Pope Eugenius, and the creation of Felix the fifth, Charles' the seventh made this protestation: The King protesteth as a most Christian Prince treading in the footsteps of his predecessors, This protestation was p●int●d ●t Paris by john Daillier, anno 1561. together with an o●ation mad● before Charles●he ●he 6. in the name of the University of Paris. that he is very ready to give ear to the Church rightly and lawfully called together. But for as much as many honest and grave personages make a question, whether the suspension, deprivation, and ●lection which ensued thereupon at Basil, were rightly and Canonically performed or no● and seeing it is doubtful whether that assembly did sufficiently represent the Church Catholic, then when the matters were acted & agitated, so as they might proceed to points of such great consequence and difficulty, therefore the King doth persevere and continue in his obedience to Eugenius, wherein he is at this present. That which Benedict, sometimes Counsellor to the Parliament of toulouse, hath delivered in his works concerning this point, is very remarkable. Herein (saith he) appeareth the error of some, Guilielm. Benedictus in repe●it. cap. Raynutius in verb. Et uxor. nom. Adelas. num. ●84. who hold that the French Church assembled at Bourges in the time of Charles the seventh King of France, could not● as she did, reject any Canons of the Council of Basil: for she might both reject, and not accept them, and qualify those she received by adding to, or detracting from them, and so put them in form and fashion: not upon misdoubting of the power and authority of that General Council which made and published them; but to fit and accommodate them to the exigencies of those times, and to the conditions of the places and persons in the Kingdom, and in Dauphine; in such sort as those Fathers have expressed, and as it appeareth by what we have delivered, but more plainly, in the text of the pragmatical Sanction: so that if they might be wholly rejected, much more might they be only in part received, and that with some qualifications and conditions. As for the last Council of Lateran, however the Popes make high esteem of it, as being very advantageous to them, yet indeed it cannot justly be tanked amongst the number of lawful Counsels, both because it was purposely called for a countermine to the second Pisan, to elude the reformation intended as well in the head as the members; and also by reason of the iniquity of the Decrees there made; whereof we shall treat elsewhere more at large. Here I need say no more, but that it was never received nor approved in France; Extat in fascicu●o re●um expe●end●rum pag. 346. nay more, the University of Paris did put in an appeal to the next Council: the copy whereof may be read in some authors, where it is said, amongst other things, that this same Council was purposely assembled against France: as indeed it was. For there both Lewes the twelfth was excommunicated, the Pragmatical Sanction repealed, and the second Pisan Council consisting mainly of French (which was their fault, not our plot) in like manner condemned. 'tis said also, how that Council was not assembled in the name of the Holy Ghost: and a German Monk styles it a pack of Cardinals; P●ulus Langiu● in Chron. Sitizensi sub ann. 1513 commending and approving that appeal which was made concerning it by the University of Paris: It will prove cozen german to that of Trent● so that I will not here set down the very words of that appeal, because I take occasion to speak of them elsewhere. He that shall seriously consider these instances, he will find, This Council more encroaching ●han othe●s. that the rejection hithertowards of the Council of Trent, both in this and other Kingdoms, is no novelty nor extraordinary thing. For many of those by us mentioned were more famous, more general, more legitimate, and withal far less prejudicial, than this. They contained only some petty grievances, some personal injuries, some particular intrenching upon some rights, either Ecclesiastical or Temporal: But this keeps neither rule nor measure, but turns the state of the Church, and all Christendom topsie-turvie: it sets the Pope above all: above Kings Princes, and Councels● yea it puts Kingdoms and Empires in subjection under him: and for Temporal matters, it gives him full power and absolute authority over such Ecclesiastical persons as did not acknowledge any jurisdiction of his, save such as remained upon record: it reduceth us to our former miseries, to a necessity of going to Rome to plead our causes, that so it may squeeze our Countries both of men and money: it entitleth him to the election into Bishoprics and Benefices, so to cozen the naturals of each Kingdom and Province of them, and to transfer them upon such strangers as will be at his devotion: it robs Kings of the nomination of Bishops and other ecclesiastics, and of that jurisdiction over them which they ought to have; nay and in some cases even over mere Laymen; devolving all to the Pope by means of appeals, commissions, evocations, reservations, exemptions, and that absolute authority which it gives him in such things as concerns the manners and discipline of the Church, nay indeed in all things without exception: It repeals the ancient Canons and Ecclesiastical Constitutions, subjecting us wholly to all the Papal Decrees, which dispose as boldly of temporals, as spirituals. It totally reduceth all ancient liberties to servitude, and particularly those of France, whereby we were ever preserved from an insupportable tyranny; from those troubles and calamities which were prepared for us, and under which our ancestors groaned, whensoever they were careless to preserve them. Whereupon they have (as it were) portrayed them forth upon a tablet, Vide constitutionem Ca●oli 6. latam anno 1406. to serve (as they say) for a caution to posterity, that so they may take heed of making shipwreck of their liberties. So as a many would say, they knew by a secret revelation that the Council of Trent would come, and foresaw our future stupidity. And yet even then when they gave us this counsel, they were only busied about the maintaining of some few of their liberties, whereas now all are going, (as we shall make it plainly appear in this Treatise) besides many other injustices, which it would be too long to specify in the prologue. And for as much as that which first put me upon this enterprise, was the earnest suits, which, being at Court, I have seen exhibited to our Sovereign in behalf of the Pope for the receiving of this Council, I thought fit to show in the first place, that this is no new thing, but that whatsoever they can urge concerning this point, hath been heretofore urged to our precedent Kings, but in vain, and with no effect; for they would never give ear to the publication of a thing so dangerous both to the Church and State. CHAP. II. Of the instances which have been made unto the late Kings, for the receiving of the Council of Trent. C●arles th● 9 urged to receive it. 1 THe Council of Trent was no sooner finished, but Charle●● the ninth was moved by the Ambassadors of Pope Pius the fourth, of the Emperor, the King of the Romans, the King of Spain, and the Prince of Piedmont to keep, and cause to be kept within his Dominions, the Canons and decrees of that Council: Mark the very Article of their ambassage; Voyez le troisiesme volume de recueil des choses memorables pour le fait de la religion & estate de Royaume, enlimn 1563. The first point is, that they have solicited the King to observe and cause to be observed in all his Kingdom, Countries, places, and Signiories within his Dominions, the articles of the holy Council lately holden at Trent, which they had brought with them. And to the intent they might be read unto him, and an oath administered before the delegates of the said Council, the King was appointed to appear at Nants in Lorraine, upon our Lady's day in March, where the said Grande's would likewise appear, they and all the Kings and Princes of Christendom; where they determined to make an universal law, like to that which was was enacted and agreed upon at the said holy Council, for the extirpation of heresies and uncouth doctrines; such as should be found repugnant to the holy Council aforesaid. 2 They made also some other requests unto him; as, that he would put an end to the alienation of the temporal goods of the Church; that he would cause the ringleaders of the seditious and schismatical 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 Majesty; that he would put his hand to the sword of justice, for the punishing of the murder committed upon the person of the late Earl of Guise. To all which demands, he made answer by writing in this sort. I thank your Master's Majesties for the good and commendable advice they give me; and you also for the pains which it hath pleased you to take in that behalf: giving you to understand that my very purpose is to live and cause my people to live according to the ancient and laudable custom kept and observed in the Church of Rome: and that the peace which I made hereupon, was to clear my Kingdoms of the enemy: and for the present, my desire is, that justice be observed in all places of my Dominions. But I entreat 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 Counsel; which I will call within these few days for that purpose. 3 It was determined by the Counsel not to hearken to these persuasions and impressions; and that not only now, but afterwards also in the year 1572, when Cardinal Alexandrino the Pope's Nephew, came forth of Spain into France, with commission to reinforce this instance. And yet this King may seem to be more obliged herein, than his successors; considering how he had bestirred himself for the continuation of the Council ever since his coming to the Crown; and how he had sent his Ambassadors, and Orators to it; and had caused the Bishops and Abbots of his Kingdom to go thither. As appears both by his letters writ to the Council, and by the relations of his Orators; more particularly by that of the Lord of Pibrac. Henry●h● ●h● 3. urged to receive it. As for the reasons of his refusal, we shall speak of them anon. 4 King Henry the third was entreated and urged in this point several times, not only by the Pope, but also by the Clergy of his Kingdom, who never ceased hammering of this iron, yet could they not work it to their liking. Monsieur Arnalt of Pontac, Bishop of Bazas, doth testify as much in an oration of his, delivered the third of july 1579; This thing (saith he, speaking to the King about the receiving of the Council) for which the Clergy hath many times heretofore petitioned you, and namely in the last general assembly of the States holden at Blois. He means especially that in the year 1576. where Monsieur Peter Espinac Archbishop of Lions, in an oration made by him in the name of the State Ecclesiastical of France, speaks thus unto the King: They most humbly desire you, that according to their more particular requests exhibited in their Remonstrances● you would authorise and cause to be published, the holy and sacred Council 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 splendour. Wherein (Sir) they hope and expect from you, as a most Christian King● 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 divers Ecclesiastickes were of opinion, That the publication and observance of the said Council might be required, Voyez l'extrait des registres des Estats sur la recepti●n du Concile de Trent. Th●se are the very words of the collection of all that passed in the assembly of the three Estates of France, in the general assembly at Bloi●, printed anno 1577. without any prejudice to the liberties of the Gallicane Church, with exemption of the jurisdiction of the Cathedral Churches of this Kingdom, which they enjoyed at that present, and of such privileges and dispensations as they had already obtained, and not otherwise. Whereupon a protestation was drawn the 23. of December, in the same year, and afterwards printed 1594. the 26. of that month. Certain delegates of the Church appeared in the Council, and exhorted the three Estates to tolerate but one religion, viz. the Catholic Roman, and the Council of Trent; and to take a view of those Articles which are general and common to all the three Estates, to have them collected into one scroll, and authorized by the King, to make them more authentic. Yet for all this, nothing was done, as appears by the report afterwards set forth in print. 5 The same request was again repeated by the Clergy of France, assembled at Melun, in july 1579. as appears by the speech made before the King by the prenamed Lord Bishop of Bazas, out of which we have extracted these words: The Clergy humbly entreateth your Majesty, that it may be lawful for them by your authority to reduce Ecclesiastical discipline, and reform 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 general Council of Trent; in as much as they cannot find any more austere and rigorous, nor more proper for the present malady, and indisposition of all the members of the body Ecclesiastic: but chiefly, because they are tied and bound to all laws so made by the Catholic Church, upon pain of being reputed schismatical against the Catholic Apostolic Church of Rome; and of incurring the curse of God and eternal damnation. And presently after he adds, Wherefore the Clergy doth most humbly beseech you, that you would be pleased to ordain, that the decrees of the most sacred Council 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. We have (saith he) earnestly desired, and do now desire more earnesty, and will desire, as long as we breath, of God and you, that the Council of Trent may be published, Henry the 3. urged to receive it. and the elections restored to Churches and Monasteries: Which publication of the Council is not desired by us, that we may thereby raise up you and other Catholic Princes in arms, to spoil and butcher such as have straggled from the true Religion: for we desire not to reclaim 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 souls of all men, for whom he shed his precious blood: and if need so required, we would not stick in imitation of him to lay down our lives for the salvation of those poor misused souls. But we desire that Council may be published for the establishment and maintaining of a true, sound, entire, and settled discipline; which is so necessary and behooveful for the Church. 7 july 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 Catholic, assisted by the Legates and Ambassadors of the Emperor, of this your kingdom, and of all other Christian Kings, Princes, and Potentates, did call, assemble, and celebrate the Council of Trent; where many good and wholesome constitutions, useful and necessary for the government of the Church and the house of God, were ordained: To which Council, all the Legates and Ambassadors did solemnly swear in the behalf of their masters, to observe and keep, and cause it to be inviolably kept by all their subjects; yea, even the Ambassadors of this your Kingdom solemnly took that oath: Now it is received, kept and observed by all Christian Catholic Kings and Potentates, this Kingdom only excepted, which hath hithertowards deferred the publication and receiving of it, to the great scandal of the French nation, and of the title of MOST CHRISTIAN, wherewith your Majesty and your predecessors have been honoured: So that under colour of some Articles touching the liberty of the Gallican Church, (which might be mildly allayed by the permission of our holy father the Pope) under scugge I say of this the stain and reproach of the crime of Schism, rests upon your kingdom amongst other Countries: which signifies no less in Greek, than division and disunion; a mark and sign, quite contrary to Christianity, and which your Majesty and your predecessors have ever abhorred and eschewed: and when some difficulty was found about the receiving of some other Counsels, 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 crown and dignity, were maintained and preserved. And this is the cause, why the Clergy doth now again most humbly desire your Majesty, 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 year 1583, who prosecuted this matter with a great deal of earnestness: yet for all that he could not move Henry the third one jot; who, like a great statesman as he was, perceived better than any other, what prejudice that Council might be unto him. henry the 4. His majesty that now reigns, was startled at that instance, and afraid, lest that importunity should extort from him somewhat prejudicial to France; whereupon he writ to the late King concerning it; who made him this answer. This Letter was printed ann. 1583. 9 Brother, those that told you, that I would cause the Council 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 prejudical to my affairs: And I am not a little jealous of the preservaton of my authority, The Council rejected by Henry th● 3. the privileges 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 certain articles about Ecclesiastical discipline, for the reforming of such abuses as reign in that State; to the glory of God, the edifying of my subjects; and withal, the discharge of my own conscience: A thing which never toucheth upon those rules which I have set down in my edicts, for the peace and tranquillity of my Kingdom, 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 ecclesiastics; he addes● This is the reason, Sir, why we so earnestly desire the publication of the holy Council of Trent: And above others myself have a more special command s● to do. For that Council hath not only cleered● resolved, and determined those doctrines of the Church Catholic, which were controverted by heretics; to the end that people might not waver, and suffer themselves to be carried away with every wind of doctrine, raised by the malice and cunning of men, to circumvent and entice them into errors but also it hath most wisely counselled and ordained every thing, which may seem necessary for the reformation of the Church, considering the exigency of these times. 11 There was also another assault made upon him O●tober the fourteenth 1585., by the Lord Bishop, and Earl of Noyon, in the name of the Clergy assembled in the Abbey of Saint German, near Paris; which is more pressing than the former; We present unto you (saith he to the King) a Book which was found at the removing of the Church's treasures, writ by the prudent and grave advice of the many learned and famous men, assembled in the Council of Trent; guided by the holy Ghost: who with a great deal of travel, pains, 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 withal have provided for those, which being of no great standing amongst us, had not any particular remedies assigned them. The royal Priest hath put them into our hands, that we might present them to yours. First, our Lord jesus Christ● who having a special care of this Church, hath by his holy Spirit provided a remedy for her, who directed the Fathers in that Council; next unto him and under him, our holy Father, the chief ministerial head of the Church, having authorized and confirmed it, and exhorted all Princes, and republics, to receive and observe it; and with him the whole Church, not the Gallicane only, but the Catholic, doth summon, entreat, and pray you to receive it. That blessed Council carries with it, to him that will duly read and consider it, the mark of the Author in the face of it; and he that will judge of it without passion and prejudice, will say it is rather the work 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 Ambassadors 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 Prelates of your own Kingdom, sent thither by th● 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 Council rejected by K. Henry the 3. the Book of the Law of God, which we humbly entreat you to receive, with as much earnestness as we can possible. 12 A little after he adds; If there be some particulars in that Council, 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 physic,) do complain of and make some dorres about them; there is a good remedy for that: and we dare undertake and promise, that recourse being had to his Holiness, and he required thereunto, he will not refuse to provide for it. In like manner as the Chapiters' and exempted corporations have by our means, and we with them already preferred a petition, that their privileges and exemptions may be preserved entire unto them, and that this publication may in no sort prejudice them; expecting herein a new decree from his Holiness; after he shall be sufficiently instructed by those remonstrances, which may be made unto him concerning this point. As also we mean not by this publication, to prejudice the immunities and liberties of the Gallicane Church, which we persuade and assure ourselves, his Holiness, when he shall be thereunto entreated, will be content to maintain and preserve. These overtures being already twice made upon the petition of the publication of this Council; to wit, at the assembly of the States at Blois, and of the Clergy at Melun, we think it our duty not to give them over. 13 The provincicall Synod holden at Rouen 1581., made this instance to the same Prince; After that a good number of Bishops and proxyes, for those that were absent, together with Ecclesiastical persons, from all quarters of our Province of Normandy, were met in our Metropolitan Church at Rouen: they tendered nothing more, than earnestly to solicit the publishing and promulgation of the Council of Trent within this Realm. 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 proof of his true piety and religion, to enjoin the publication of the said Council; whereby the maintenance of the Church is well provided for, which is observed to be daily impaired and abated. In the end of this Council, there were thirteen doubts proposed to the Pope, with his final resolution to them: the last whereof was a demand of the confirmation hereof, which was condescended unto. 14 The provincial Council of Aix in Provence 1585., petition the King at the beginning of the Acts, That he out of his singular piety, would command the Council of Trent to be published, which had so exactly provided against those dangers, wherein the Christian Commonwealth was then implunged. 15 We must not think, that these earnest solicitations, which our ecclesiastics here make, did proceed from them, but rather from the Pope. One argument hereof which may be alleged, 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, unless it were on their part: and one company of them were inserted in the Edict of Blois, the rest in diverse other Provincial Counsels, holden afterwards in France: the Canons whereof are to be seen in print; at Rouen 1581., at Bourges 1584., at Tours 1585., and at Aix in Provence the same year: all which are put out in print at many other places. Another argument may be the slight account they made of observing the Council in such things as depended merely upon them, and which were in their power to do; which plainly shows, that all they did, was but to humour another. I speak not this of my own head, but from Claudius Espensaeus, a Sorbon Doctor, The little goo● the Council did. Do we dally (saith he) in a matter so serious? or rather do we make a mock of those which desire a reformation, under colour of decrees? What reformation can be expected from us who do not observe those things, which we have so lately decreed? Claudius' Espe●saeus l, 2● digress. in ep. ad Timoth. pag. 157. He speaks this to those Prelates of France, who were present in that Council; and after their return made no reckoning of observing that discipline which depended mainly on them, and was withal conformable to the ancient Canons. See here (said he) 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 own person; at least not any that I hear of. 16 And in his commentaries upon the Epistle to Titus, speaking of the discipline of the Church; In cap. 3● digress. 10. But it is not long (saith he) since they have determined this point: the Pope and Council 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 less silent in their pulpits after the Council was confirmed by the Pope? their nonresidence was as great as formerly, and they almost as dumb as ever. They had rather tyre than give over, and be cast out of their livings by those who style themselves reformers forsooth (when indeed they are nothing less) than endure to be reform by Kings and Princes, and by them be constrained to do their duty. It is no marvel i● they do somewhat for him to whom they are bound by such a strict oath, and who flatters and woos them extremely to do the deed. But when the Churchmen, of our age especially, do any famous exploit against the Pope; this is news indeed, both in regard of that command which he hath got over them; and of the fear they ought to have, lest they should be sentenced for heretics in these controversies of religion. And this is the cause that the Popes have always had recourse to them when they intended to do some ill offices to our King and Kingdom. Boniface the eighth, by a gloseing letter of his writ unto them, endeavours to make them approve his injust proceedings against Philip the Fair: where he saith, amongst other things, Epistola Bonifacii 8. ad Episcopos regnen Franciae. Those who hold that temporal matters are not subject to spiritual, do not they go about to make two Princes? He complains 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 Apostolic. He complains also of the report which was made to that assembly by M. Peter Flotte, whom he 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 behalf of his Master● Yours is verbal, but ours is real, Matth Westmonast. l. 2. su● ann. 1301. 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 persuade them that his proceedings against the King, and putting their Kingdom under an interdict was just, (as the learned Cujacius hath very well observed) and indeed his projects throve so well that he won their consent at last. Hark how a French Historian of ours speaks of it. Rigordus de gestis Philippi Augusti sub ann. 1099. The whole country 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 Clerks 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 stiffly 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, a Aymomius l. 5. c. 14. To send him home again excommunicated, if he came there to excommunicate. Henry the 3. refused to receive i●. But when all came to all, he had such a stroke over them, that he made them not only b Theganut de gellis Ludovi●● imperatori● cap. 43. Idem cap 44. 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 coming out of barbarous Countries were preferred to that height of honour. And he afterwards adds, They said and did such things as the like were never heard of; using reproachful speeches towards him, they took his sword from his side upon the judgement of his servants, and wrapped 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 Rheims, Ebon by name, who had been the main man amongst them, declared himself in writing, Histo●red● Rhem● livee 2. ch●p. 18. Ibid. That whatsoever had been attempted against the honour of the Emperor, was against all right and reason. And yet we 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 ret●rne to our intended subject. 18 One of the King's Lieutenants general 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 Kingdom, S●e this o●ation printed at Paris ●h● same ●●er●. our suit unto the King is, that like a most Christian and eldest son of the Catholic Church, he would receive the Council of Trent, and cause it to be 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 seem too harsh and against the form of justice now used in France; I answer, that the Lords spiritual may more wisely advise of this in the assembly general 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 means all those Edicts, which, to the great regret of the King, the Princes, and Catholic 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 King's reign, this very Council was called in question in the Assembly at Paris, which was holden in the name of the States in behalf of the league: where it is remarkable that those who had shaken off the Royal yoke, and undermined all the fundamental laws of this Kingdom, how distempered soever they were, yet they had their judgements so sound, as to discern a good many decrees in that Council, which were prejudicial to the liberties of this Kingdom. Extrait du registre de l' assemblee tenue a Paris sous le nom de Estates ●●n. 1593. As appears 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 Council of Trent. I will use no other proof than of that damnable script hammered out in hell, De justa Henrici 3. abdica●ione Francorum regno. Of the just deposal of Henry the third from the Kingdom of France; which sets down the causes of his excommunication, making him a murderer, a heretic, a favourer of heretics, simoniacal, a sacrilegious approver of duels, a profaner of religious persons, a confederate with heretics, a spender of the substance of the Church without any leave from the Pope, a falsifier of the letters Apostolic, a superstitious fellow, a deteiner of Churchmen. But not one word of the Council of Trent● although he had in that point been disobedient to the Pope's will, and made small account of his earnest and often request; for it is certain that all the speeches which come to our hearing, were delivered in his behalf, and upon his motion. 20 Nay more, The decrees of the Council in part received, but not as of the Council. he did not receive so much as those very Decrees of the Council which were no way repugnant to our liberties, and the observation whereof was necessary for the Ecclesiastical policy: but suppressing the name of the Council, they decreed the very same things in the Parliament at Blois 1579. (a plain proof, that it was rejected by the common consent of all France.) Which is evidently verified by comparing the Decrees of that Council with the Articles of this Assembly; as in those places where they speak of the a Concil. Trid. Sess 6. c. 2. Ordon. de Bloi● artic. 14. residence of Bishops, the b Concil. Trid. Sess. 24. c. 13. Ordon. de Bloi● artic. 22. maintenance of Curates, erection of c Council Tried: Sess. 23. c. 18. & seq. Ordon. de Bloi● art. 24. Schools and Schoolmasters, the bringing of d Concil. Trid. Sess. 25. c. 8. Ordon de Bloi● artic. 27. exempted Monasteries under the visitation of certain congregations, the e Council Trid. Sess. 25. c. 15. Ordon. de Bloi● art. 28. age required in religious men and women before they profess, the f Concil. Trid. Sess. 23. c. 12. Ordon. de Bloi● art. 29. age of such as enter into holy Orders, the g Concil. Trid. Sess. 21. c. 8. Ordon. de Bloi●. arts 30. visitation of Monasteries by Bishops, the h Concil. Trid. Sess. 25. c. 5. Ordon. de Bloi● art. 31. reinforcing of the cloisture of religious houses, i Concil. Trid. Sess. 5. cap. 1. Ordon. de Bloi● artic. 33. & 34. Prebends for Divines, ask the k Condil. Trid. Sess. 24. cap. 1. Ordon. de Bloi●●rtic. 40. banes of Matrimony before Marriage, and such like. Yea more, in many of these points they derogate from the Decrees of the Council, and prescribe quite different from that which is there set down. The like was done before by an ordinance at Orleans set forth in the time of the Council 1561. Whereby our Kings have shown the power they have in matters of Ecclesiastical 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 Council no way liable to suspicion, would yet never give way to this publication so often entreated, desired, and urged from them, it must needs follow that this Council comprehends something prejudicial to this State: considering withal, that all the mitigations which are sought after now adays were then proposed, as namely that it might be 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 main plasters which seem to salve up all the badness that is presumed to lie lurking in it. It remains now that we show the true reasons of this refusal; which we shall do by laying down the nullities which are both in the form and matter of it. CHAP. III. That the Pope, being a party, could not call the Council, nor preside in it: and that there was an appeal from him. The Pope was a pa●ty. 1 Annullity in the form of this Council is argued first from this, that it was called by the Pope, and that he did preside in it, yea and did defer and transfer 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 own cause: and that he should have left both the one and the other to the Emperor; according to the opinion of a great a Robertus Maranta specul. aur. part. 6. In ● erb. & quandoque appella tur num. 32. Doctor of the Canon law; who after he hath concluded that the calling of a Council belongs to the Pope, adds notwithstanding, that in default of the Pope, that right belongs to the Emperor; now there can be no fairer opportunity than when the Pope is taken for a party. Another b Barbatius in cap quod t●ansl●tionum. Col. 32. the office legate. Doctor saith, that the defect of that power in the Church is supplied by the Emperor. And c Ioh●rnes apud Baldum. Baldus in cap. olim. ad sinem ●xtrav. de rescrip. another yet, that when the controversy is touching the Pope and his cause, than his authority is not requisite for the calling of a Council. 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 himself. 2 Ludovicus Barvarus, and all the States of Germany with him, do plead this nullity against the sentence and proceeding of john the 22. and of his Council. d Nauclerus volume 2. generat. 45. The third reason (saith he) is, because no man ought to be judge in his own cause, and do justice to himself; but it is a plain case that this said john pretended to have a plenitude of power over us and our Empire, even in temporal matters; and did actually conspire against us and the laws of the Empire, which he attempted to usurp, and caused us to be pursued like an enemy. 3 The gloss upon the Canon law, saith in express terms, that the Pope cannot be both judge and party in any case whatsoever. e Can. 2●. q. 3. inter que●●las ●●ne quis in propria causa i●●ubro & in nigro Gloss. in Can Consuetudo 16. q. 6. Hence we collect (saith it) that if the Pope be at variance with any body, he ought not to be judge himself, but to choose arbitrators. * Decius in cap. cum veniss●nt. ●u. 37. extra de Iudi●. Sleidan comment. lib. 1. not contradicted by Surius and ●ontanus. Some of the Canonists have written also, that when the Pope is accused of false doctrine, he hath no more power to call Counsels. All these reasons hold good, supposing the Pope to have by right the power of calling general Counsels; which yet is denied, as we shall prove more at large in another place. Besides, there were some appeals put up from the Pope to the Council, as is related by Sleidan in the first of his Commentaries. Luther (saith he) being advertised by Cajetans loiters, that they would proceed against him at Rome, he thereupon drew a ne● appeal November the 28. and a little after, being pressed and pinched with extreme necessity, he was glad to appeal from the Pope, to a future Council. And also by the Archbishop of Cullen, being excommunicate by Paul the third, 1546, because he went about to reform his Church, contrary to the Bull set forth by Leo the tenth against Luther and his adherents, appealed thereupon to the future Council. ●leidan. c●mmen● l. 18. not contradicted by Surius and ●ontanus. 4 We 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 c●rtaine notice of it the fourth of November, he put forth a book presently after, Appeal was made from the Pope. wherein he gives his reasons why he refused the Pope for his judge, because he had stood a long time accused of heresy and idolatry: Wherefore he appealed from his sentence to a lawful Council of Germany, wherein he protested so soon 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 divers times. There was also another appeal to a future Council put in by the University of Paris, May the 27. 1517, about the repealing of the Decrees of the Council of Basil, and of the pragmatique sanction, by Leo the tenth. In the act of which appeal, these words are inserted; Extat in fasc●culo rerum expetendarum pag. 36. Et de ea Langgius in Chron. Citizensi sub anno 13. Robertus Maranta in specul. aur. part. 6. in verb. Et quandoque appellatur, num. 61. We the rector and the University, finding ourselves grieved, wronged, and oppressed, as well for ourselves, as for all others subject to our University, and all such as will take part with it, do appeal from our holy father the Pope ill-advised● to a future Council lawfully assembled, in a safe place, whither we may freely and boldly go, about the abrogation of the Council of Basil, and the pragmatic sanction lately set forth by these new decrees. Notwithstanding which appeal the Pope was set over the Council by the Fathers assembled at Trent. Now it is a thing never seen nor heard of, that he from whom the appeal is made, should be judge in the very case of appeal: for our Doctors find, that the judge from whence an appeal is made, may be refused in all other causes, which concern the appellant, so long till the appeal be void. CHAP. IU. That the reformation of the Pope was the thing in question. IT is further alleged, that Pope Adrian the sixth, did freely confess by the mouth of Francis Chregat; Lord Bishop of Abruzzo his Legate, at the Diet of Noremberg 1522, that the See of Rome was corrupt and depraved, and that the corruption of the Church was derived from the Popes; wherefore he did promise, they should have a free and general Council. Now this acknowledgement doth disable him for being head of the Church. This is further verified by his own instructions given to his Legate; where in the tenth article he saith thus: 2 We know that within some years ago, Extat In fasciculo rerum expetendarum, pag. 17. Et refertur totidem verbi● a● Rovero Pontano Carmelita. l. 2. rerum memorab. p. 74. Et à Claudio Espensaeo, in comment. in Epist. ad T●●tum, cap. 1. some abominable things have crept into this holy See, some abuses in matters spiritual, some transgressions of Commissions, and all out of order; and it is no marvel if the infection descended from the head to the members, from the Pope to the under-Prelates. We have all degenerated, (I mean we Ecclesiastical Prelates) we have gone astray out of the way; there is not one that hath done good this long time, no not one. Wherefore, for as much as concerns us, you may assure yourselves, that we will take pains in the first place, to reform that Court from whence happily all this evil hath come: to the end that as the corruption proceeded from thence to the inferior orders, so soundness and reformation may come thence also. Which to do, we perceive ourselves so deeply obliged, that we see the whole world call for a reformation. Howbeit no man must admire if he do not see an absolute reformation of all errors and abuses in an instant; the malady is too far spread, and too deep rooted. We must go step by step to the cure of it, and hie ●o such things as are of most importance and greatest danger, Popes needed reformation. for fear of putting all out of joint, by attempting to reform all at once. All sudden changes are dangerous in a Commonwealth, saith Aristotle; and he that wrings the nose hard, brings forth blood. Mark here the words of that honest Adrian. So that it hath been conceived the common voice of Christendom for these two hundred years almost, that it was fitting there should be a reformation in capite & in membris, both in the head and the members: but the Popes wrought so well by their schisms, shifts, and tricks; that the endeavours of those that engaged themselves herein, were to no purpose; and the Synods called about this were all to no effect, and fruitless. The Council of Constance after the deposal of Pope john the twenty third, had made this good decree. Concil. Constant Sess. 40. 3 That the new Pope who should be next chosen, together with the Council before he departed from thence, should reform the head of the Church and the Court of Rome, about such articles as had been put up by the people and nations. But Pope Martin the fifth, as soon as he was created, did quickly shift himself from those who cried so for a reformation, and amongst others from the Emperor Sigismond, who was more hot upon it than any else. Platina gives the reason of that delaying; Platina in vita Martini 5. A matter of that weight being finished as well as heart could wish, by the travail and endeavour of all the Princes, both Ecclesiastical and Civil, but especially of the Emperor Sigismond: they begun to talk of the reformation of the manners, both of the Laity and Clergy, which were much debauched by overmuch licentiousness. But because the Council of Constance had continued four years already, to the great incommodity both of the Churchmen and their Churches; it seemed good to Martin, with the consent of the Council, to defer a matter of such importance to a more convenient time. For he said, the thing required maturity and deliberation, seeing that, in Hieroms' opinion, every country hath their several customs and conditions, which cannot be removed on a sudden, without disorder. They have had leisure enough to think of it since, for we are yet consulting about it, and nothing at all hath been done beside. 4 The acts of that very Council, and of that at Basil, and others since, give us sufficient proof hereof; who being not able to compass this reformation, put it off from hand to hand, and commended it in succession one to another; ordaining that the keeping of Counsels should be every ten years, but so as the first should be within five years, and the next within seven: and this principally to provide for the reformation of the head and the members. The second Pisan holden 1512, which was assembled for the same ends, was so belaboured by julius the second, and Leo the tenth, that it was constrained to yield to their mercy, and give place to the Lateran, which was called for no other end, but to countermine and disannul that other, as is confessed by the * Onuphrius in julio 2. historian of the Popes. These good Fathers, however they were for the most part Frenchmen, have left us in their acts, a testimony worth our observance, and that is that, b Acta Concilii Pisani 2. Lutetiae ex causi in vico divi Ia●obi ad in●ersignium lilii ●urei. Et Mediolani per Go●ardum Ponticum ann. 1512. Vi Acta Concilii Later●n. Sess. 3. Et Onuphrium in jul 2 Arno. ●eiren. in Lud●●i●o 1●. For many years there had not been any general Counsels: and if any were called, as the first at Pisa, and that at Constance, Seine, Basil, and Florence; yet the Church could not be reform to the purpose, by reason of those impediments and cavils which were procured thereupon; which befell themselves also. For julius the second, and Leo the tenth, had the wit to win first Maximilian the Emperor, and then the Cardinals that were at Pisa. King Lewes the 12, after the death of julius, suffered himself to be led away with the blandishments of Pope Leo, considering withal the danger whereinto the first had put both him, and all the Kingdom of France, (against which he had procured the Kings of England and Spain to take arms) insomuch that renouncing the council of Pisa, 〈◊〉 preposterously first condemned, them summoned. he acknowldged that of the Pope, and caused certain ecclesiastics of his Kingdom to do as much. But from that time till this, we could never see this reformation; for as for the Counsels of Lateran and Trent, Vt. Acta ejusdem Concilii. Lateran. ult Sess. 8. & 9 they never cared for meddling with it. Which was worthily represented by Monsieur Arnald de Ferriers, the French Ambassador at the Council of Trent, in an Oration delivered by him, September the 22. 1563, where he said, That they had been entreating for a reformation of the Church in the head and members, above 150 years to no purpose, and that in sund●y Counsels, as those of Constance, Basil, Ferrara, and the first at Trent; and that the demands which were made in that of Constance, by john Gerson, Chancellor of the University of Paris, in behalf of the King of France, may be ●ead to this day: as also those that were made in behalf of the same Prince, by M. Peter Daves, at the first Trent Council. CHAP. V. That the Pope had passed sentence before: and that he was moved with hatred against those whom he summoned to the Council. 1 COmplaint is also made, that the Pope should show himself so passionate, that before the calling of the Council, and after that, before the holding of it, he condemned the doctrine of those who were summoned to appear there in judgement, and declared them to be heretics: which gave them just occasion of suspicion, and instructed them to go wisely and warily about their business. By reason whereof they say, they cannot justly be blamed for desiring to quit his jurisdiction, Can. quod suspecti & ib● gloss. 3. q. 5. and making so much ado about the form of the Council, and the persons of the judges; seeing these are things which must be looked to at first, and before we enter the lists. Now that their doctrine was condemned by them who desired to be their judges, is verified by the Bull of Leo the tenth, bearing date the 8. of june 1520, where after he hath reckoned up Luther's opinions, concerning the Sacraments of the new testament, the Eucharist, repentance, contrition, confession, satisfaction, absolution, venial and mortal sins, indulgences, the Pope's excommunications, priests, general counsels, works, heresies, freewill, purgatory, and the Catholic Church, he decrees as followeth. Extat in collect. diversarum ●onstitut. Romanorum Pontif. part. 1. pag. 158. Wherefore, by the advice and consent of our reverend brethren, and by their mature deliberation, by the authority of Almighty God, the blessed Apostles Peter and Paul, and our own; we condemn, disprove, and totally reject all and every the foresaid articles, or errors, as heretical, either scandalous or false, or offensive to piou●●ars, or tending to the seduction of simple souls, and contradicting the Catholic truth. And we decree and ordain by these presents, that by all faithful people of both sexes, they be holden for condemned, disproved and rejected. 2 It may be answered, that Pope was dead when the Council was held, and another sat in his stead whereof they needed have no such fear. To which we reply, that there was indeed an alteration of the persons, but not of the conditions nor proceedings. For Paul the third, when he begun the Council at the very same time, which he designed for the calling of it, declared that the end of it was the extirpation of the Lutheran heresy; Th● Pope's hatred to some whom he summoned. as appears by a Bull of his, bearing date the 23. of August, 1535, entitled, Deputatio executorum super reformatione Romanae curiae, mark the words of it: In eadem collect. Divers. constit. part. 1. pag. 240. Whereupon we, desiring to provide for the Church, and to cleanse her of all her stains have determined to appoint and solemnize a General Council, upon earnest and urgent motives, which concern the state of the said Church and See Apostolique● and the extirpation of the plaguy Lutheran heresy, and others, having already dispatched our Nuncio's to Christian Princes for that purpose. Sleidan. l. 11. not contradicted by Surius or Fontanus. 3 This Bull came to the Protestants ear; for hark what they say of it in the declaration which they made at the assembly of Smalcald 1537. Besides, not only because the Pope is a party, but seeing he hath already condemned our doctrine long before, he is grown more suspicious. And who can doubt what judgement will pass upon our doctrine in his Council? Yea more, he confesseth that the cause of publishing the Council is, that the new-sprung heresies may be rooted out: 'Tis true, that may bear a larger construction; yet there is no question but he means of our doctrine, seeing it is scarce credible that he should speak of his own faults. And that it is so he hath published another Bull since, about the reformation of the Court of Rome, wherein he confesseth downright without any flattery, that a Council is called for the rooting out of the pestilent heresy of Luther. Seeing the case stood thus, they had been mad to have put themselves upon that Council, to abide the judgement of him who had condemned them already. Considering withal that Leo the tenth, in the precedent Bull, saith; how he hath caused their doctrine to be pronounced heretical by a conclave of Cardinals, and also by the Priours of the religious Orders, and by a pretty company of Divines and Doctors in both the Laws. So that they had but even gone to be whipped, as Hosius of Corduba, to the Council of Antioch, in case they should have refused to subscribe to the determination of the Council. It is a folly for a man to cast himself upon such disasters, and a piece of discretion to avoid them. Sozom. l. 3. c. 5 Maximus patriarch of Constantinople, would not be seen at the Council of Antioch; because he foresaw that if he went thither, he should be constrained to subscribe to the deposal of Athanasius, for which he was never yet blamed by any body. To conclude this point, it is holden for a ruled case in law, that a judge who hath discovered his opinion already, may be refused; much more he who hath passed the sentence before he be made judge. Add we hereunto the mortal hatred of the Pope against Protestants; the Pope, I say, who calls the Council, who summons none to judgement but his own creatures, who must preceded there either in person or by his Legates, and must be supreme moderator and judge in all things. This point of the Pope's enmity against protestants, and all those who have rid themselves out of the Pope's servitude, is so well known that it needs no proof. Henry the eighth, King of England, than a Catholic, laid open the hatred of the Pope against him and his subjects, as an excuse for not going to the Council. Sleidan. l. 11. app●ov●d by Surius. For he saith, That the Pope hates him mortally, putting him out of favour with other Kings as much as he can; and that for no other reason but because he had cast off his tyranny, and had made him lose his yearly rent; and for this cause he could not come thither. V. libel. de Eccles Gallic. Stat. in schism. pag. 178. 4 Henry the second, King of France, complaineth also how Pope julius the third, instigated by the ill will which he bore him, without any sufficient reason, had denounced war against him during the time of the Council, depriving him thereby of the means of sending the Prelates of his Kingdom thither: whereupon he made those protestations which we mention elsewhere. This consideration makes a nullity in the Council, and serves for a lawful excuse to such as would not go thither. For in this case, he who is summoned to a Council is not bound to appear. Theodoret. l. 1. ●. 28. So Athanasius (saith Theodoret) knowing the hatred of his judges against his cause, went not to the Council of Caesarea. An enemy should not be a judge. Which was purposely called for him, and yet no man ever said, ill did he. 5 Anastasius Bishop of Perrhenue, Caus. quod suspecti 3. q. 5. was three times summoned by his Patriarch, before he was deposed, and yet that deposal was judged unjust by the Council of Chalcedon, after it appeared that he was his enemy. 6 Pope Gelasius, speaking of the Bishops of Constantinople, with whom he had some bicker, saith something which is very remarkable in these times. For the question being about the taking up of their quarrel, he speaks thus, D. Can. quod. suspecti. I ask, where is that which is able to pass the judgement which they pretend? shall it be amongst them? so the same enemies should be both witnesses and judges: but even humane affairs ought not to be committed to such a judgement; how much less divine and ecclesiastical, 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 Emperor Michael, gives us this rule, Nicholaus Papa in Epist. ad Michaelem Imper. & d. Can. quod suspecti. Robertus Maranta in speculo aureo part. 6. In verbo: Et quandoque appellatur. num. 35. That our enemies, and those whom we suspect, should not be our judges. Which (as he saith) was decreed at the General Council 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 man's offences be, he should not for all that be condemned by his enemies. It were superfluous here to allege the Civil 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 known. CHAP. VI That the Council was holden in the midst of diverse troubles and tumults. THE hatred of the Pope towards the Protestants and the King of France, did show itself so fully, before that it burst out into cruel wars. Where we may observe an egregious nullity of the Council in all the Sessions thereof, in that it was begun, 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 Council itself, for at the end of the tenth Session holden September the 14. 1547. the Cardinal de Monte, the Pope's Legate, and Precedent of the Council, speaks thus, Besides these difficulties, there is the heinousness 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 safeguard of the liberty of the Cities which belong to the Church, that we ourselves are not in safety one hour, no not one minute of an hour. The Pope's Legates make this remonstrance in the sixth Session, That of a sudden there are such broils and such wars kindled, (they are the very words of the Council) that the Council is constrained as it were to stop itself, and break off its course, with no small inconvenience; Whore's in Germany. and all hope of proceeding further is now quite taken from it; and so far is the holy Council from redressing the evils and incommodities of Christians, that contrary to its intentions it hath rather irritated than appeased the hearts of many. Sleidon. l. 16. Pope Pius the fourth, in his Bull of the publication of the Council, which was for the continuation of it, bearing date the 30. of Decemb. 1560. affords us such another testimony, But (saith he) as soon as new broils were raised in the neighbouring parts of Germany, and a great war was kindled in Italy and France, the Council 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 Council. The Protestants complain that the overhasty resolution made by the Fathers in that Council, was purposely to wage war against them. The Duke of Saxony and the Landgrave of Hassia say so downright in their letters. Whereas you buckle up yourselves to set upon us with force, without once telling us the reason why, we refer that to God, and as soon as we shall know what ye accuse us of, we will answer so as every one shall say that we are wronged, and that ye undertake this war by the impulsion of the Antichrist of Rome, and the wicked Council of Trent. Though we give no credence to these letters, yet let us hear what Pope Paul the third saith to it in his letters to the Suitzers of the third of july 1546. Extat haec Pauli Epist. ad Helvetios, Paris. impressa in Off●cina Calderia●● ann. 1547. 3 We thought the obstinacy of these villains would put us upon the necessity of falling to force and arms: but having oft considered what was to be done, praying God to let the light of his divine counsel shine upon us, it is fall'n out fitly, that our most beloved son in God, Charles, Emperor of the Romans, ever Augustus, being offended merely with the same villainies of those rogues that we were, and for that a Council being granted by us to the Germane nation, mainly by his means, and at his entreaty, those who despise it despise also his authority, and all that he hath done concerning it, (as some do very injustly and saucily) hath resolved by force of arms to revenge the holy cause of wronged truth. Which occasion, as being without doubt offered unto us by God himself, we very readily embrace, being resolved to second the good intentions of that great Emperor, with all the means and forces which either we or the Church of Rome can raise. 4 Now that the Council of Trent hath had a hand also in that design of war, not only 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 war to be made under their noses, and they not approve of it. While the preparations w●re made for it, nay while the armies were in the field, and that under the conduct of Octavianus Farnese the Pope's nephew, and all was in an uproar and combustion, the Council made decrees about the controversies of greatest importance, when there were but a very small number of Bishops there. 5 When julius the third came to the Popedom in February 1550. upon the Emperor's entreaty he ordained, that the Council should be continued. Where we may observe, that at the very same time a war was denounced against King Henry the second, by the Pope and the Emperor, and that upon an injust quarrel. Which is proved out of Onuphrius, Onuphrius in folio 3. an Historian of the Popes, in the life of that julius. He gave some hopes (saith he) of composing the differences in religion, when at the request of the Emperor he declared by his ●ull in the first year of his Popedom, that the Council should be continued at Trent, at the beginning of the next May. And presently after he adds, Natali● Comes lib 14. hist. sui ●emporis. He unwittingly put himself upon the war of Parma, and thereby set all Italy, nay all Europe on fire. Another Catholic Historian saith, During the time that these things passed upon the frontiers of Flanders and Picardy, the Pope, at the Emperor's request, summoned the Council to Trent, War of Parma in the time of the Council. for the extirpation of heresies. Because it was plai●e that Bononia, whither it was adjourned by reason of the plague, was ●o free place for them all. Then he prosecutes the narration of the ●arman wars now lately begun. So then the Pope makes war on the one side, and keeps a Council on the other; this is truly and without a figure, to bear St. Paul's sword, and St. Peter's keys. The first Session upon the first of May, and the ●econd upon the first of September 1559. were only for Ladies, for there was nothing done. King Henry set forth an Edict at the same time, dated the third of September, in the same year, containing a restraint of transporting gold and silver to Rome: where he sets down at large the occasions of the war of Parma begun by the Pope, and amongst other things he saithe E●● ● du Ro● He●ri● i●prime a Paris ●an●. 1551. Which holy father upon a sudden fit of choler, had caused a certain company of men of war, both horse and foot, to be levied and set forth, and also enticed and persuaded the Emperor (with whom we were in good terms of peace and amity) to take arms, to aid his forces in the design of the recovery of Parma, and after he had harrassed and laid waste all things wheresoever he pleased in the Country of Parma, he caused his said forces to march towards the territories of Mi●andula; which hath for a long time, even during the life of our late most honoured Lord and Father, been in the known protection of the crown of France, which he beleaguered, using most incredible and inhuman cruelties towards the inhabitants of the said territory, yea such as barbarians and infidels would not have used the like: giving the world to know very stoutly that he meant them to us, who have not deserved any such thing at his hands or the Holy See. 6 There were six Sessions holden in the time of that wa●●e, the two we spoke of, and four more; in two whereof the most material points of faith, of manners and Church discipline were discussed and determined: as those, of the blessed sacrament of the Eucharist, Transubstantiation, the sacraments of Penance and Extreme Unction: as also about the jurisdiction of Bishops; where many blows were struck at the liberties of our Gallicane Church, and the rights of the Crown. Now the war continued all the time of these Sessions without any intermission, for there was no respite of peace, save in May 1552. what time the said King put forth another Edict derogatory to the former, whereby he licenced the transporting of gold and silver to Rome. Wherein he saith, Our holy father the Pope having now of late made known the love and affection which his Holiness bears continually towards us, by good and honest demonstrations, etc. Another Edict ●f K. Henry the 2. 〈◊〉 it the Camp near Weldenaggbes May 21. 1552 and p●inted at Paris the same years The King's lette●s to all the States of the Em●i●e, printed at Paris 1552. But the Sessions we mentioned were ended before this; for the fourth of them was upon the 25. of November 1551: and for the two following, they did but bandy for balls in them, for they treated of nothing but the safe conduct of Protestants, a●d the suspension of the Council. Now the writing sent by the same Prince to all the States of the Empire, February the third 1552. witnesseth that during those Sessions all was on a fire; where after he hath laid down the original and progress of the war of Parma, and laid the blame of it upon the Pope and the Emperor, whom he impeacheth also of other things, he proffers his help and assistance to the Princes of the Empire. We offer (saith he) of our free and princely pleasure merely, to deliver the Germane nation and the sacred Empire, from that servitude wherein it now is; to gain thereby, as Flaminius did in Grece, an immortal name and everlasting renown. 7 From this time till the beginning of the year 1560. our Council did stark nothing; what time Pius the fourth, so soon as he got into the chair, sent forth a declaration for the continuation of it against Easter day the next year; this Bull was dated November the nineteenth, or (as some copies have it) December the thirtieth 1560. The first Session was the eighteenth of janaury 1562. the last, December the third 1563. during which time there was nothing but troubles and turmoils in France, Warr●s in France. so that those of the religion there have good reason to say, that nothing could then be passed in the Council to their prejudice, they being debarred of the means of going thither. It is plain, first from the Edict of pacification in january 1561, that at the time of the calling it, there was a great deal of stir in France, and that they had something else to think of, than of making ready to go to the Council. For it is said at the beginning thereof. It is too well known what troubles and seditions have been heretofore, and are daily raised, abetted and augmented in this Kingdom, by reason of the badness of the times, and the diversity of opinions in point of religion, which now reigneth. This Edict thus made for the good of the Country, it was requisite to sue for the publication of it, by reason of the difficulties raised against it by the Court of Parliament; this hung on till the sixth of March in the same year, what time the publication was made in some kind by constraint; witness those words, Obeying herein the King's pleasure, without the approbation of the new religion, and all by way of caution. Yea more, six days before, upon the first of that month, was the execution done at Vassy, against them of the religion, which impestered this Realm in more troubles than ever: The Duke of Guise making his party the strongest at Court: The Prince of Conde being retired to Orleans: which they went about to reform quickly after, in April next. So that King Charles set forth a declaration upon his former Edict, where he saith towards the beginning; Whence it is the more strange, that some of them are now risen up in arms, and have assembled themselves in great number, as we see in sundry places; and namely in our City of Orleans, under pretence of a certain fear, which they say they have, lest they should be debarred the liberty of their conscience, and the enjoying the benefit of our Edicts and ordinances in that behalf. 8 They had reason to be afraid, lest their consciences should be rifled in such sort, as were those of Vassy. About the time of the first Session, all was in an uproar in this Realm, and there was nothing settled concerning the peace; as may be gathered from an answer made by the Queen mother to Mounsieur the Prince of Conde, dated the 4. of May 1562, where amongst other things it is said, In regard of the violence, oppressions, murders and outrages, committed since the edict, and in despite of it, both by the one side and the other, her Majesty will cause such justice to be done, and amends to be made as the case shall require, both for public satisfaction, and also private to such as have received any wrong. And also from an edict set forth by the late King of Navarre, Lieutenant General for the King over all this Realm, 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 design which we have undertaken to perform out of hand, with the army of our said Sovereign Lord the King, against those that hold some cities of this Kingdom, with prejudice to his authority, and the obedience which belongs unto him; We have determined to depart within a few days 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 year about june; what time the King sent certain Commissioners through the several Provinces to that effect; as appears by the copy of the Commission given out thereupon, dated the 18. of june in the same year. ●x●●t Pari●ii● impressa apud johannem D' Allier an 1563 ●t in Ac●i● Con●ilii. And yet notwithstanding our Council was consummated the fourth of December 1563. The Cardinal of Lorraine in an oration of his, delivered in the Council, November the 23. 1562, makes a long story of our miseries in France, Whore's, a just exception against the Cuncell. and the wars 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 Kingdom is brought to a miserable pass. So then the case standing thus, the●e is never a Lawyer but will constantly affirm, that as much as concerns those who went not thither may be righted, and that all things should be restored to the state wherein they were at first. 10 The Kings of France by reason hereof did prejudicated their subjects of the religion (yea and their Catholics to) whom they re-estate in their former right; Edict de pacification de l● an. 1573. art. 15. de l' an. 1576. art. 33. & 37. de l' an. 157●. art. 38. de l' an. 1598. art. 59 Theodoret. l. 2. cap. 16. Notwithstanding all processes made, judgements and arrests granted during the troubles. Non-suits, prescriptions, both legal, conditional, 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 be reestablished, which concerns point of religion; which hath ever been as good a cause of replacing all things is statu quo prius, as absence. Which is plain from the discourse of Pope Liberius, with the Emperor Constantius, in the case of Athanasius; Athanas. apol. 2 Theodo●et. l. 1. c 28. from the letter which Pope julius writ thereupon to them of Antioch; and from that passage of S. Hilary; Hilarius in fragmento recens excuso. I omit that the judgement of the Emperor was passed without hearing of the cause: Nor do I repeat how the sentence was extorted against one that was absent, (however the Apostle saith, That where faith is● there should be liberty, the simplicity of the priesthood should not endure this;) but I omit these things, not because they are to be slighted, but because there are others more intolerable. The same may we say of the Council of Trent. 11 So then these wars were the cause why many that would have gone to the Council, 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 died during the time of the said Council; 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 Counsels of Constance and Basil, Concil. Constant Sess. 14. Cancil Basil. Sess. 37. as we shall show in another place. Hence it was that there was such a great dispute in the consistory of Rome, when Pius the fourth renewed the Council; 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; Onuphrius in Pio 4. But here arose a controversy, whether it should be a continuation of the Council of Trent, or a new convocation: The Pope found out a wholesome remedy to set all men's minds at quiet; for he used such a form of speech in the Bull of promulgation, as might satisfy both parties, and withal the authority of the Council be no way impeached. The use we make of this passage is, That whereas, by their own confession, that Council was sometimes at so low an ebb, 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 Council, that it was so weak and feeble that it deserves not the name of a Council. 12 Here we must observe that the French Ambassadors at the Council 1563, had an express commission to urge, that this last Council might not be accounted a continuation of the former. And there was an express article against those things which were put off by them at the beginning. The place of the Council not free. 13 The Lords of Ferriers and Pibrac after their departure from the Council, 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 Council would move his Majesty to send new Ambassadors, which he could not do without great prejudice. That the Pope would cause them shortly to proceed to the last Session; wherein it must be determined, whether this Council shall be taken for a continuation of the first, or for a new one: That if it be concluded to be the same Council, (as they are all inclined that way) the French Ambassadors, 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 le●ters by me quoted, which I have seen, remain in the hands of good Catholics, who will be ready to produce them upon occasion, with many other memorable acts concerning this subject. CHAP. VII. That the place where the Council was held was not free. IT is urged moreover, that the place of the Council was not free and safe: and that the suit being commenced against the protestants of Germany, the Council should have been called within that country● according to the request exhibited by the body of the States of Germany assembled at Noremberg, whose words are these; Vid. responsionem principum & aliorum Imperii ordinum pontificio legato ●edditam, in ●as●i●ulo rerum expetendarum pag. 173. They cannot think of a more powerful and present remedy than that the Pope, by the consent of the Emperor, call a free Council in some convenient place of the Empire, as soon as may be; as at Strasburgh, Mayens, Cullen, Meantst or at some other place convenient in Germany. In reference to this, the Germane Bishops assembled in an imperial Diet at A●sburg 1547, complain to Pope Paul the third, for not causing that Council to be holden in Germany, and the inconveniences that followed thereupon, with the little good it did. See the tenure of their letters set down by Sleidan, Sleidan. lib. 19 not contradicted by Suri●s●nd ●nd Fontanus. 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 been prevented, if in good time the remedy had been applied by a general Council, to the disease, when it was first a breeding: for which Council they had often importuned the Emperor, that he would procure so much as that it might be kept within the confines of the Empire; that so the Bishops of the country, who were principally concerned in it, might be there. For considering, their jurisdiction is of such a large extent, it would be very inconvenient for them to travail out of their country, especially at this time. Finally, by diligence of the Emperour● when there wa● not a living soul to be found at Mantua, nor Vicenza, the Council 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 the●e; nor indeed could they be; 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 several assemblies of Germany: namely, that there might be a free Council; Counsels should be holden in a free place. and that it might be held in some imperial City of Germany; as well for the liberty, as for the convenience. And beside, because the differences in religion were borne there. 4 I will set down only what they say in a letter writ by them to the Emperor Charles the fifth, dated August the 11. 1546. Any body (say they) may easily see and perceive that this is none of the Council, with the vain hopes and promises whereof you have a long time fed us in many Diets: to wit, of a general, Christian, and free Council; and that it should be in Germany; as we and our associates in religion have made remonstrance to your Majesty in the last Diet at Worms. 5 The King of England demanded likewise, that the Council might be in a place free and safe, out of the Pope's dominions. And when he understood that Italy was the place assigned, he protested against it as null, in the year 1537. His life lies at stake (saith he) that dares reprove the Pope, Sleidan. Comment. lib. 11. and accuse him to his face, unless it be in a lawful Council: 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 stain, and imbrue themselves in the blood of innocents: and howsoever others may safely go thither, for his part he could not, for evident reasons: For the Pope lies 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 james Amiot, Abbot of Bellosane, the first of September 1551. For after he had made rehearsal of the war, which the Pope had raised up against him; he shows, Extat haec pro testatio in libr● de Ecclesia Gallicanae statu in schismate. Ad futurum Concilium legitimè ac in loco tuto & quem liberè et cum securitate nos eadem Vniversitas, vel à no●●● & ab ea deputandi adire p●terimus prov●camus & appellamus. Vid. fascic. rerum expetendarum. pag. 36● That he could not send the Bishops of his Realm unto the Council, seeing they could not have free and safe access. Now this demand of the freedom and safety of the place is no new thing, but hath been put up at other times upon the like occasion. The University of Paris in the act of their appeal (whereof we spoke before) makes express mention of the safety of the place to which the appeal should be brought. The Fathers in the second Pisan Council, offer Pope julius the second, to submit themselves to a Council of his calling, but not in Rome, as he would have it; but in some other free place, where they needed not fear: Yea, they named ten Cities to him in several places of Christendom, that he might make choice 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 Council, according to the commission which was given them; made proffer to the College of Cardinals, of all peace, unity and obedience; always provided they should agree of a common place of safety, and which stood neuter, for the celebration of a general Council; 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 Council of Pisa in their apology against the Pope and Cardinals, who were obstinately bend to have the Council in the city of Rome. 8 God forbid we should think the Lateran a safe place to meet in, and treat of the affairs of the Church, This apology of the Council of Pisa, ●as printed at M●lan by Gora●dus Ponticus ann. 1512● with safety and truth. We much suspect there are some ambushes lurking in the Lateran: and therefore from henceforth, we do most resolutely and earnestly refuse it, a● a place notoriously and evidently suspect; as dreadful and dangerous to our lives, especially now when we stand upon other protestations. We confess indeed, and that confidently; that place i● very fitting and most safe for projectors: there are a great number of men, The Council of Pis●'s apology. well furnished both foot and horse: there are strong forts, a navy not far off: And lastly, the City itself, with the adjacent people trained up in arms, and accustomed to the wars, all at the Pope's devotion. There are Captains which make but small reckoning of Cardinals and Prelates, when it is the Pope's pleasure: And the Cardinals being already possessed with this fear, are not in case to counsel 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 Council at Pisa, and all those that were present there. And we know nothing in all the world so certain, but is less certain than what we said before. If then the coming into the City at this time, be generally reputed and esteemed to be with the great hazard of the lives of the Fathers; this refusal ought not to be offensive. For what man is he (as Clement the fifth said) that will easily come before a judge guarded with a strong army? Who durst, or could be thought to appear willingly before him, and put himself into their clutches, whose violence he hath good reason to be afraid of? Which is a thing to be feared of right, and which we usually eschew, which reason enforceth us to do, and which nature abhorreth. As for the Pope's fair words in offering us safe conduct, and his promise to receive and entertain us courteously, and lovingly, these will not serve either to remove, or lessen the just fears which possess the minds of the Fathers. For what faith and promise can be made with more solemnity, than that of the Conclave, confirmed by vow and oath, and that in form of a contract? Yet the late creation of Cardinals, whose liberties were not preserved, doth give sufficient testimony how it was kept. But suppose we were in hopes that his Holiness will keep his promise with an upright heart, without suffering himself to be transported either with hate or choler: how can the Fathers be assured in their hearts, when they look back upon things bypast, though his Holiness should not be touched with indignation? Pope's are men, and God saith, there are twelve hours of the day: Who will secure us against the infinite number of persons which depend upon the Pope? against the injuries and affronts of those lewd people, which swarm in the Court of Rome? The intolerable wrongs, the cruel insolences, the horrid and unheardof butchering, which some Fathers have suffered that followed the Court, are a sufficient item to us, and make us more wary. Not to go far for examples, the Pope himself, when he was but yet of an inferior order, hath sufficiently instructed us, how far we may rely upon the safe conducts of the Court; (from which there is no appeal) for he was wont to say, It is a great piece of folly to change life and liberty, with the skin of a dead beast: that is, with a parchment of safe conduct. It will be hard for him to make others believe what himself was so resolute not to believe, and that for so long a time. Which indeed stands with good reason; for even Innocent the fourth tells us, that no man is bound to put himself into the power of his enemy with letters of safe conduct. Hereupon the former Popes, after they had got Armies, Garrisons, and Citadels into Rome, were wont to assemble Counsels in other places, rather than there. And if there be no more liberty allowed to the Senate, than what they now have, if the Popes do not take another course of life and government, than they do, no man can ever think that in such kind, of Ecclesiastical liberty as this, there is any fit and convenient place for receiving the Holy Ghost, who doth usually reside in free souls assembled in a Council. Seeing then that the exception against the place is proved to be lawful by all right and reason; seeing the proffer of safe conduct cannot in right and reason remove the just fear, which is such as may be incident to men of fortitude; would to God those projectors would make no more mention of the place of the Lateran: Trent, subject to th● Pope. for by standing so peremptorily upon the difficulty and difference of place, they give no small occasion of suspicion, that they do not so much desire that the Synod should be held at the Lateran, as to hinder the holding of it at Pisa or elsewhere. 10 All the reasons alleged in this Apology are very pat for the Protestants. They always demanded, that the Council might be kept in Germany this demand was repeated in all the Diets h●lden in those days. The Catholic Princes and States of Germany made the same request to Pope Adrian the 6● in the Diet of Noremberg, (as we said before) but there was ●o w●y to compass it. The Pope hath not yet forgot the Counsels of Constance and Basil. He thinks Germany is fatal to him; but the worst is, he will not b●●ge out of Italy. One while he will have it at Mantua, anon at Vicenza, t●en at Trent● afterwards at Bonony, lastly at Trent● but still in Italy. For it cannot be denied but Trent is in Italy, although in the description of it at the beginning of the Council it is said to be in the confines of Italy and Germany. All antiquity puts it in Italy. Ortelius in his Theatre of Geography● puts it in the map of Italy. This City was otherwise no less formidable to the Protestants than Rom● was to the Pisan Fathers. The Bishop was Lord of the Town, and the Pope of the Bishop; who had taken an oath of him, and was bound unto him b● a red hat which he received from him. Besides, it is a City subject to treacheries and ambushments, the places thereabouts being at the Pope's devotion. The denial of having the Council kept in Germ●ny, or any other pla●e of free access, breeds a suspicion of fraud and false-dealing. As for safe conduct, that was offered here also; but if they of Pisa could not rely upon it, much less the Protestants; especially so long as the memory of john H●● and jerom of Prague was not extinct, and the decree of the Council of Constance stood in force; which saith, that process must be made against heretics, notwithstanding the safe-conduct of the Emperor and other Kings: and some shift might be found to wave that also which was granted by the Council. 11 There needed no more but that one Canon, Bad promises must be broken, to thunderstrike all heretics, notwithstanding their safe conduct; and that rule which is given us by Boniface the eighth, It is not necessary for a man to keep his word in unlawful promises. And God knows there was no w●n● of such Doctors as would put such a gloss on those decrees as would best suit with the point in question. For is there any thing worse than a heretic? to communicate and converse with them, Angelus Imm●la. S●cinus Decius in Consiliis adversus Iuliu● 2 Ia●oba●ius. & alii. is it not a kind of contract is it not a● obligation? The Canonists advise us not to trust too far to such safe conducts, and excuse them that take their council, from all defaults that they can incur; acquitting them from all sentences and process made against them, which they brand with a nullity. 12 When the great schism was in the time of the Emperor Sigismond, for the appeasing whereof the Council of Constance was called, th●re was a great deal of ceremony about choosing the place. That very point was held so material, that the winning or losing of the cause was thought to depend upon it. Mu●iut Germane. Chron. lib● 27. circa princip. They agreed well enough of the time (so the German Chronicles) but a great controversy there was about the place. The Popes perceived well enough that the place was all in all, and no question but he of Rome had been cast, had it been in any place that acknowledged him of France for the true Pope; and on the contrary, the French Pope deposed, if in a place where the Roman was taken for th● lawful Pope. And therefore they contended a long time about the place Pope john did wisely dissemble, and not communicate his counsel save to one or two; his chief care was that it might not be in any place where the Emperor was the stronger party. Which notwithstanding fell out against his will, which almost made him to despair. T●● 〈◊〉 now accounted of b● Po●es. The Legates being returned to the Pope, (say those Chronicles, meaning john the three and twentieth) and having certified him of the place of the Council, which was agreed upon, he had like to have gone mad by reason of the excessive grief he conceived thereupon, and cried out he was undone, and began to cast about for the altering of it. But all his counsellors lying their heads together could never invent a pretence fair enough to bring that about. Nauclerus hath the very same in a manner, who brings in the testimony of Aretin in this sort: Naucle●us vol. 2. generate. 48. 13 We must not omit (saith Leonard Aretin) a memorable accident which f●ll out then, whence we may learn that all things are disposed from aboven The Pope (saith he) had secretly imparted unto me his intention and design, (he was the Pope's Secretary) saying unto me, All depends upon the place of the Council, I will not have it in a place where the Emperor is stronger than I, wherefore I will give a large commission and authority to the Legates whom I shall send for fashion sake, which they may show in public; but in private I will restrain their power to certain places; and he told me the number of them. Persisting many days in this mind, the time came that he must dispatch the Legates. Then having caused all other to avoid the room, myself only excepted (saith Leonard) he communed secretly with the Legates, and exhorted them with many arguments to be diligent in performing the charge of their legation; representing unto them how the business th●y were sent about was of great importance: then coming to curry favour with them he commended their discretion and fidelity, saying, they knew better what was fitting to be done than he himself did. While he was speaking and repeating these things, his affection did alter in a moment a plot which was long before intended. I had purposed (said the Pope) to nominate some places, to which and no other you should condescend; but I have changed my mind at this very instant, and leave all to your discretion: consider with yourselves what will be safest for me, and what I need be afraid of. Then in their presence he tore the Paper wherein the names of those places were writ, without naming any place at all to them. The Legates being dispatched towards Sigismond, pitched upon the City of Constance for the place of the Council, which was within the Emperor's dominions. But when Pope john heard of it, you would not think how he was grieved at it; he cursed himself and his fortunes. But there is no resisting of the will of God: God had ordained long before that there should be but one ●●ock, and one shepherd. 14 Amongst other nullities, the States of Germany assembled in the Diet at Francford the year 1338. do urge against the sentence and proceeding of Pope john the 22. and his Council, concerning the excommunication of Lewes the fi●th, the little safety in the place appointed for the Emperor to make his appearance at. That the citation (say they in a Decree which runs in the Emperor's name) bind the party assigned to appear, N●●clerus vol. 2. generat. 45. it is requisite there be a time appointed him, and that the place where he is to make his appearance be safe. But it is notoriously known that this same john doth bear a capital hatred to us, and hath with an army of soldiers pursued us, our liegemen and confederates. Besides, the City of Avignon, the Pope himself, and the Lord of it, have a long time hated both us and the Roman Empire; wherefore it were senseless for any man to say that such a summons was Canonical: for on the contrary, it is utterly void and invalid in a Vt probatur cap● ex parte D. de appellat. 3. q. 9 Hortamur ut lite non con. test. accedens. D. de judic. l. ●i locum. law. 13 The authority of b Clement. Pastorally de sen●ent. & rejudis. Clement the fifth may serve to prove, that those who are summoned need not appear but in a place of safety, in as much as his disannulling of the sentence of condemnation pronounced by the Emperor Henry the sixth against Robert King of Sicily, was mainly grounded upon this very consideration. Safety of the place enquired by the Canon Law. It is a thing evident and unquestionable, (saith he) that during the time of this process and quarrel, even then when the sentence was given, there was always a great army about the Emperor, that pursued the King and his partakers with mortal hatred, and that the City of Pisa, where the sentence was given, had an ancient grudge against the said King, as every body knows. Supposing then, that the King was lawfully cited upon those grounds by the Emperor, was he bound to come before a judge that was accompanied with a great army? one that hated and was incensed against the party summoned, as was said before? Was he bound to appear in a populous place, of great strength, and which bore hatred towards him? who durst do so? or by what reason should any man be bound to bide his doom in such a Consistory, to cast himself into his enemy's bosom, to present himself voluntarily to die, and that for no just cause, but by an open injury: He were a fool that would think such a citation bound the party cited to make appearance. 16 All these considerations hold good against the Council of Trent. For besides that all the Cardinals, all the Archbishops, Bishops, Abbats, Priours, and others that bore place in it, were enemies to the Protestants, and to them that were out of favour with the Pope; the City was at enmity with them, and the Lord of it. Moreover the Pope's armies were almost continually abroad in Campania during the time of the Council, either against the Protestants, or against the King of France, or upon other occasions, as we shall show anon. 17 Nicholas the first, speaking of the suit which was betwixt King Lotharius and his Queen Thieberg, Can. ●ine de Con●ugii. Cau. 33 q. 2. Add can. Lotharius. cause. 3● q. 3 whom he put away from him, ordains that the cause shall be debated in a place of safety, where they need to fear nothing. Wherefore it is fitting (saith he) to procure such a place where the force of a multitude needs not to be feared: And the gloss upon it; Archidiaconu● de Turrecremata, & alii ibid. Et Regin. sub ann. 864. This is an argument that the judge is bound to provide a place of judgement for the hearing of the cause, where the parties may meet freely and safely. Which gloss is approved by the common opinion of the Canonists. 18 Innocent the third will have it to be a just occasion of appeal, when the party is appointed by the judge, to come to a place which is not safe. As often (saith he) as you shall be summoned before any judges, if it be dangerous to appear before them, you may lawfully become appellants. 19 Innocent the fourth speaking of the satisfaction which he offered to make the Emperor Frederick, and referred it to be determined by Kings, Princes, and Ecclesiastical persons, whom he offered to call together in some place for that end, makes express mention of the safety of the place. We are ready (saith he) to assemble Kings, Prelates, and Princes, both spiritual and temporal in some place of safety. And the gloss upon this; A judge should appoint such a place, or else there is a just cause of appeal, although it be said that no appeal shall be admitted. 20 Ivo Bishop of Chartres complains of the Pope's Legate, Ivo epist. 94. because he had chosen the city of Bloys, there to decide the cause of the Clergy of Chartres; who could not repair thither with safety by reason of the populacy of that City. 21 The same Bishop having a controversy with some of his Clergy depending before the Archbishop of Sens his Metropolitan, Ivo epist. 205● entreats him to appoint a place for judgement, whither they might go and come with safety. 22 The Legate we spoke of, having appointed a Council, consisting of French Bishops, to meet at Sens, Ivo epist. 166● for the absolution of King Philip the first, from the excommunication which was darted out against him by the Pope, by reason of his unlawful marriage, he gives him notice, that he might have done better, to have proceeded to that absolution in another place than Sens, that so every one might have had means to speak his opinion freely. Th● Roman Clergy only called to the Council. 23 The Doctors of the Canon law do all agree, that an exception against the safety of the place is pertinent, and aught to be admitted● that it is good both by the Civil law, and the law of nature, that a man summoned to a place where any danger threatens him, is not bound to appear, nor to send his proctor; and that a judge is bound to assign the parties a place of safety for the hearing of their cause, Doctores in Clement. Pastorally de sententia & rejudicata. Oldrad. Cons. 43. Calderinus Cons. 5. Abbas, & Moderni in cap. veniens de accusat. Marian. Socin. in rubric. de dilat art● 15. q. 5. Gloss. in cap. cum locum. Extra. De sponsal. & matrimonio. otherwise there is just cause of appeal. CHAP. VIII. That all those who ought to have had a decisive or deliberative voice in the Council, were not called. 1 COmplaint is made also, that all those who ought to have had a consultative or deliberative voice in the Council, were not called thereunto. Paul the third by his Bull, dated in May 1542, and Pius the fourth by his in November 1560, call none to that Council to deliver their opinions, but Cardinals, Patriarches, Archbishops, Bishops, Abbats, and Generals of Orders. They do not mention in express terms either the first or the last of these, but yet they are comprehended under those words, All others whosoever, which are restrained to them alone. For this sense the Pope's expositors put upon them, and this is the form which is received in the Church of Rome; witness Bellarmine, Bellarmin. lib. 1. de Conciliis. johannes de Turrecremata lib. 3. cap. 12. ●● 15. and those whom he urgeth. Nor was there any but those who had voices in the Chapter of the Council. All the petty Ecclesiastiques had nothing else to do there, but to pick their fingers, or to pen neat speeches of such matters as were there treated of. But for decrees, those lettuce were not for their lips. All this is confessed by the Doctors themselves; yea, and defended too. The Popes whom I named, exhort those whom they call thither, that they should not fail to come there; yea, they straight enjoin them by virtue of that oath which they have taken to them, and to the Holy See; which cannot be referred neither to Protestants● nor any other that have drawn back from their obedience to him, nor yet to Lay men howsoever obedient. 2 Hence two complaints arise; one, that the ecclesiastics of the Protestants side, being they could not have a deliberative voice there, had nothing to do to go thither. The other, that the Laiques of both religions● have ground of complaint, being excluded from this judgement. As for the first● when any controversy arose, divers courses have been taken to compose the differences in religion: Sometimes the Emperors have appointed judges, before whom both parties came and discussed their opinions freely. Ph●tinus Bishop of Smyrna, being accused for a heretic by the Council there, was afterwards admitted to dispute with the Catholic Bishops, Sozomen. lib. 4. ●. ●. In which dispute (saith Sozomen) certain judges were ordained for precedents of the Council, who from that time forwards, were accounted men of prime rank in the Palace, both for knowledge and dignity, After many objections and answers pro and con; Basil, Bishop of Ancyra, who defended the doctrine of the Catholics, got the victory; and Photinus was condemned and sent into banishment. Lay men admitted to Counsels in the Primitive times. At the general Council of Chalcedon, which consisted of six hundred Bishops, there were divers officers of the Emperor's Valentinian and Marcian; and a good number of Senators that came to preside there; yea, and to judge of all differences and controversies, Vid. Acta Concilii Chalced. tom. 1. Conciliorum. even such as concerned faith and religion's who behaved themselves so, that in some points they swayed that great company of Bishops by their advice. As we have observed more particularly in the title of the presidency in Counsels. Honorius the Emperor, to lay the quarrels that were in his time between the Catholics & the Donatists in Africa, Vid. Acta Collationis Carthagini habitae● called them all together at Carthage, and deputed Marcellinus, one of his officers to be judge; who after he had heard all along the reasons on both sides, pronounced the sentence of condemnation against the Donatists. Wherein he saith amongst other things; 3 To the end that apparent error may undergo the yoke of revealed truth, Vid. Acta ejusdem Collationis circa finem. by the authority of this present Edict I advise all men of what condition soever, landlords, stewards, and farmers, as well which hold of the Crown, as of private possessions, with the Ancients in all places, that, not forgetting the laws, their own dignity, honour and safeguard, they do their endeavour to hinder all Conventicles of the Donatists, in all towns whatsoever; who shall be bound to surrender up to the Catholics those Churches which I allowed them of courtesy until the day of sentence, without commission from the Emperor. 4 Possidius, Possidius in vita D. August. that writ the life of St. Austin, reports as much in plain terms. This happened mainly (saith he) by occasion of the conference which was at Carthage between all the Catholic Bishops and the Donatists, by the command of the Emperor Honorius, who sent Marcellinus the Tribune into afric to be judge in that collation. In which controversy the Donatists, being throughly confuted and convinced of error by the Catholics, were condemned by the sentence of the judge. He adds moreover, that they appealed from that sentence to the Emperor, and that they were afterward condemned by him, and declared heretics. 5 Pope Miltiades also with some other Bishops, August. ep. 162● had passed sentence in that cause, but the Donatists being not well content with his judgement, the Emperor remitted them afterwards to the Bishop of Arles, as St. Austin relates. That which Cardinal jacobatius, a stickler for the Pope's authority, saith, is very remarkable, that lay-men were sometimes admitted to Counsels, to be judges betwixt those that canvassed some deep point. jacobatius lib. 2. de Concili● art. 6. Hereupon (saith he) in a Synod holden in a Council before Constantine and Helena, where it was disputed, whether the jewish law or the Christian should be preferred, Craton the Philosopher who would not possess any worldly goods, and Zenosimus who never received present from any one in the time of his Consulship, were appointed for judges. With which doth accord (to speak it by the way, but not much from the purpose) that saying of Gerson the learned Chancellor of Paris. There was a time, when without any rashness or prejudice to faith, the controversies of faith were referred to the judgement of Pagan Philosophers, who presupposing the faith of Christ to be such as it was confessed to be, however they did not believe it, yet they knew what would follow by evident and necessary consequence from it, and what was repugnant to it. Thus it was in the Council of Nice, as is left unto us upon record. So likewise Eutropius a Pagan Philosopher was chosen judge betwixt Origen and the Marcionites, who were condemned by him. 6 When any upstart opinion or heresy was broached, Origen in dialogo contra M●●c●o●itas● the manner was to proceed against them, by assembling Counsels against the authors of them; whom they condemned, together with their heresies; which they were forced either to abjure, or to suffer banishments and other punishments. Hereof we have examples in store, so well known that we need not set them down. Th● f●●e disput●s in former counsels. 7 Sometime they had free Counsels, unto which it was lawful for the Bishops of both sides to resort, dispute, and deliver their opinions. We have some examples hereof, which would suit very well with these times, and which we ought to imitate. The two Emperors, Constans and Constantius, the one a Catholic, the other an Arrian; V Theodoret. l 2 c. 8. Et Socr●tem l. 2 c 29. the one of the East, the other of the West, to decide the controversies in religion, agreed together to call a free and general Council at Sardis; whither all the Bishops of both parties might have means to repair with all safety. Which was done accordingly. Socrates lib. 1. cap. 16. Then was there a general Council appointed (saith Socrates) and ordained that all should repair to Sardis, a City of Illyrium; which was done by the joint consent and agreement of t●e Emperors; the one having required so much by his letters, and the other of the East having willingly embraced the motion. By the consent of both Emperors (saith Sozomen) it was ordained that the Bishops of either part should meet at Sardis, Sozomen. l. 3. cap. 10. a City of Illyrium upon the day appointed. 8 The Council of Ariminum, consisting of above four hundred Bishops, almost all of the West, and that of Seleucia of above an hundred and six Eastern, both holden about the same time, were of the same nature with this. For all the Bishops, both Catholic and Arrian, were without distinction admitted thither, both to dispute and to determine. The Bishops in those days were not sworn to the Pope; nor did he take upon him to call them, but the Emperors, who summoned such as they thought good. This manner of calling Counsels with all freedom, is then mainly required when the number of believers on both sides is great, when the complaints are formal, and when there are some ancient opinions defended by whole Provinces and Nations. When the case stands thus, it is no proceeding by censures and condemnations, the one side against the other; when all comes to all, there is nothing got by that. But then they must take a fair way; come to conferences, treaties of agreement and arbitration. This course was taken with the Greek Church in the time of the Council of Ferrara. Vide Acta Concilii generalis Ferrariensis five Florentini. tom. 3. Concil. Session 3. 〈◊〉 in Concilio Lateran. Vid. Concorda●a inter Francisc. 1. & Leonem 10. Cap ad Apostolica. De sententia et re judicata in 6. The Greek Bishops were seated amongst the Latins; they conferred together; they disputed and gave up their opinions without any advantage the one over the other, either for judgement or number; and the issue was so happy, that in the end they came to an accord. The Popes for a long time branded all the French for Heretics, by reason of that poor Pragmatique Sanction, which hath been as much vexed by the Popes since, as ever was Psyche in Apuleius by offended Venus. Yet in the upshot they are come to those terms of accord, and articles of agreement under which we live at this instant. 9 Innocent the fourth after he had excommunicated the Emperor Frederick, he and all his Council make this proffer to him, (in case the Emperor did complain of injustice) to refer the matter to the Kings, Prelatess & Princes spiritual and temporal, assembled about it in a place of safety. Why is not the like put in practice now adays towards those which complain of this Council, and are ready to defend their cause, and justify thei● right? 10 This calm way hath been sometimes attempted in Germany, not altogether without success. It hath been also practised in France, when the conference was at Poissy; yea and that with such success, that the grand controversy touching the real presence in the Eucharist, so much canvassed amongst us now adays, was there composed by the twelve deputies, in spite of all the opposition made by those that envy the quiet of France. And what great matter were it to try that way yet once again by general or particular conferences? We must of necessity be driven to one of the two means formerly proposed; to wit, either that Christian Princes appoint certain judges, some Clergy men, some Lay men, an equal number of both religions; or that there be a friendly meeting about it, where they may continue victorious right or wrong, (as most do now adays) but with a holy desire to live from thenceforth in peace, Lay men ●ot●●ly excluded from this Council. or stop the veins that have shed so much blood. For to have recourse to the rigour of the formalities and caltrops of the Council of Trent, is but for men to cozen themselves: the event hath proved the design to be naught. This Council instead of appeasing the troubles did excite them; and invenomed those minds which were exulcerated before. In stead of settling the repose and unity of the Church, it raised wars in Germany, the Low Countries, and in our France, not only during the time of the sitting, but afterwards: and this is the reason why King Charles did earnestly solicit the Fathers there by his Ambassadors to the embracing of peace. Mark what the Cardinal of Lorraine says to them about it, in his learned Oration. 11 The most Christian King, although he be throughly persuaded of all these things, and expect nothing from us which may make against them: yet there are two things whereof he puts you in mind, out of the good will he bears towards the Synod, and the great vexation he endures by reason of these differences in Religion. First, that as much as we can we avoid all new controversies, that we lay aside all uncouth and impertinent questions, t●at we bend all our forces as much as we may, to effect that Princes and Provinces would give over their wars. We must be far from any desire of stirring up wars, that so they who have departed from us, and are cut off from the Church of God, may not think that this assembly was rather to raise up Princes in arms, and to enter leagues and confederacies, though for a holy war, than to procure a general reconciliation of the minds of all men. The other main point of my ambassage● is, that which from the beginning was common to my master the most Christian King, with the most Illustrious the Emperor, and all other Kings and Princes who have their right honourable Ambassadors here present, is that you would in good earnest take order for the reformation of manners● and of the Ecclesiastical discipline. 12 This demand so affectionate, was never made but upon some ground. So then, there is good reason why this Council should be suspected; and why the form which was observed in the judgement and decision of matters should be excepted against. For what hath been said touching the Pope, doth equally concern the Bishops, who were summoned to a reformation as well as he. That passage which we have now cited, is a sufficient proof thereof, so that we need not produce any more. Consider the parties, the demands are mutual, the actions double; the Pope complains that the yoke of his obedience is cast off, and impeacheth them of heresy that did it; so do the Bishops. The Protestants accuse him of tyranny, usurpation, and error; them of many vices and disorders: and both together of false doctrine: Who shall be judge herein? Surely neither the accusers, nor they that are accused; and the more they busy themselves to have the cognizance of it, the more suspected and refusable they make themselves. 13 So then recourse must be had to that friendly way which we mentioned before; where if there be any proposal of using the extremity of justice, it is necessarily requisite the Laymen have a hand in it; else what for passion, what for fury, it is impossible to see any good end of it. Hence it is that they complain of the Pope for excluding them out of the Council. It is a thing which he could not do of right, and that chiefly for two reasons. One, because that when it was first spoken of in the Diet at Noremberg, all the States of Germany desired of Pope Adrian the sixth, that admittance might be granted as well to Lay men as Clergy men, and that not only as witnesses and spectators, but to be judges there. Vid. Fasciculum rerum expetend●●um. And that it may be lawful (say they) for every one as well of the Laity as of the Clergy, that assist in the Council, to speak freely, notwithstanding all oaths and obligations whatsoever● and to provide for the glory of God the salvation of souls, and the safety of the Christian Commonwealth, without any hindrance. The next reason, because from all antiquity Lay men have had their place in Counsels, ●●y men may b●●dmitted in Councils. not only to deliberate, but to determine also. This is evident from the testimony of holy Scripture. A●t. 6.2. St. Luke saith, The multitude of the Disciples were called together to make an election into the ministry. It hath no colour to say, that among all those Disciples there were no ●ay men. In the Council which was called about Circumcision, mention is made not only of the Apostles, Act. 15.23. but of the Elders of the Church, and of the brethren. 14 Bellarmin grants this to be true, (for he cannot deny it;) but he saith withal, Bellarmin. l. 1. de Conciliis c. 16. that some were there to judge, as the Bishops; some to consult, as the Priests; and some to consent, as the rest of the multitude. But if he were sworn to tell us who taught him this, he would be mightily puzzled to find his author, unless it be haply some smattering divine of these latter days. But such authorities are of no price: and if it were lawful to rove in this sort, in the exposition of holy Scriptures, and to apply our own idle fancies unto them, there would be no certainty in them. He saith, That the form observed in other Counsels holden after the Apostles times, may make us believe that it is so. But what Counsels are there which he urgeth us with, seeing we find nothing of any form that was observed till Co●stantines time? That of Nice, V. Acta Concilii Ni●●ni. & Ruffin. l 1. which was holden under th●t Emperor, makes wholly for us; for there Lay men were admitted, and did dispute and debate controversies. I confess it doth not appear whether they gave voices or no. The Apostle in another place useth this form of speech; It pleased the Apostles and Elders with the whole Church; Act. ●5. ●2. which is the very Sacramental word that was afterwards retained in giving of voices in Counsels, as is plain from their acts: and even till this hour, all the speech which our Fathers nowadays make at the delivering of their opinion, is no more but pronouncing this word pla●et, with a good grace, and a low nod. 15 Those examples which we before alleged, concerning the deputation of judges, do plainly prove that Lay men may judge of Ecclesiastical matters; Cap. 32. Tom. 1. Act. Concil. Ephefini. Eusebius de vita Constantini lib. 4. c. 42. Act. Concil. Ephes. tom. 1. cap. 12. yea, and that they have assisted at Counsels in the nature of judges. I confess, that sometimes their commission was limited, and that they were sent only to be auditors, to see that there were no disorder, and to look to the carriage of all things: To cause the Fathers to deliberate upon such points a● were proposed, and to keep every man in order. So Dionysius sometimes Consul, at the Council of Trent, ●and Candidianus at that of Ephesus. But that which we said must be likewise granted, it was a matter which depended upon the Emperors, to allow what power they thought good, unto those that supplied their place of presidency; as also it belonged to them to call Counsels, and to admit or exclude whom they pleased. 16 And as for themselves, they behaved themselves herein several ways: For sometimes they contented themselves with a honorary presidency, without intermeddling so far as to dispute, consult, or decide. Others there were who executed the office and function of judges. In this manner Constantine the Great assisted at the Council of Nice. V Act● Conc. Nicani cap. 8. Which may be proved from hence, that certain Bishops putting up bills of complaints, and mutually accusing one another, they preferred their libels and petitions to him, to have justice of him: which though he indeed refused to do, yet another man hath done: What he said or did in this case, was out of modesty; as also divers other things, which nevertheless were otherwise wr●sted, to the prejudice of them who were too full of their courtesie●. He desired to be amongst them in the rank of a Bishop; for mark how he writes, after the breaking up of the Council, to some Bishops that were absent, Theodore● 〈◊〉 ●. ●. p. 10. I assisted there as one of you, and I will never deny (for it is a thing I much joy in) that I joined myself with you in that ministry. The ●re●● Father restrained of their liberty. Therefore he was one of the judges, else he should have been less than the Bishops. It was he also that passed the last decretory sentence, from whence there lay no appeal, upon the Donatists, after they had been formerly condemned by the Pope and the Council of Arles. Another Constantine was precedent of the sixth general Council at Constantinople, Vid. Acta Concilii Cons●antinop 6. tom. 2. Conc. with a good number of his officers assisting; and the acts of the Council make it plain, that he was not a mere honorary precedent, but that the whole action was guided by him; that he pronounced the sentence an● gave judgement: and in sum, did all that belongs to an Ecclesiastical precedent to do. 17 Charles the Great, did the like in the Council of Francford; Vid. Acta Concil. Franc●ord. in libello sacro. syllabo. tom 3. Concil. pag. 6●5 H●c dec●eta extant MS. in vet. Bibliothecu. where he discoursed of points of faith, and made them deliver their opinions upon such as himself proposed. The Canons and Decrees run also in his name, The Emperor (saith he) hath ordained, with the consent of the Synod, etc. 18 The name of Charles the Great, puts us in mind of inserting some of our French Synods in this place, which we find oftentimes to have consisted both of Lay men and Clergy men, jointly to determine of matters, aswell Ecclesiastical as Civil. 19 In the year 742, in the reign of Childeric, Carloman Duke and Prince of the French, V. Synodum Francicam tom. 2. Con p. 456. called a Synod in France, where he had some Bishops, some Priests, and some Lay Princes of the Realm; by whose advice and counsel he made certain Ecclesiastical constitutions; By the advice of the Churchmen, and the Princes of this Realm, we have ordained, decreed, etc. See how he speaks in the Decrees of that Council. 20 The year 744, under the same Childeric, Pepin a French Duke and Prince called another Synod at Soissons, consisting of Churchmen, and some chief Lay men of the Realm; with whom he enacted some Ecclesiastical laws. V. Synod. Suession. tom. 3. Concil. p. 438. Wherefore with the consent of the Bishops, Priests, and servants of God, and the advise of the chief of the Kingdom, we have decreed to renew the Synod every year, etc. Against We have constituted and ordained by the Council of the Clergy men, and the chief men of the Realm aforesaid. See you in what style the decrees of that Council were conceived. 21 The year 787, the Emperor Charles the Great, being departed from Rome to come into France. As soon as he was arrived at Worms, Rhegno sub an. 787. (saith Rhegno) he called a Synod, and declared the reasons of his journey to the Clergy and Princes of his Realm. 22 The Council of Meaux, under Charles the second, 845, mentions some former Counsels, that consisted of Clergy and Lay men. Concil. Meldense. tom. 3. Conc. p. 866. Another was holden (saith it) at his return, and confirmed under the proper seal of the Prince, and all the rest both Clergy men and Lay. And in another place, They ordained first of all to settle something that had been formerly decreed by the same Prince, together with the Lords spiritual and temporal. 23 The Council holden at Pistis upon Seyn, the year 863 was of the same nature with theses as we may perceive by the beginning of it. Synodus Pistis in Princ tom. 3. Conc. p. 900. In the name of the Holy and indivisible Trinity, Charles by the grace of God, King of France, together with the Bishops, Abbats, Earls, and the rest of the faithful regenerate in Christ, gathered together from divers Provinces, at a place called Pistis upon the river Seyn, in the year of our Lord 863, the 23 year of the reign of our Sovereign Lord King Charles, indiction the tenth. The Kings and Bishops assembled before us● being guided by the fear and love of God, have made divers constitutions and decrees, with the Counsel and consent of the rest of the faithful people of God. And in the second chapter; For the putting of which things more particularly in execution, we have thought fit here to renew some amongst many, of the constitutions and decrees of our predecessors, and the ancient Counsels. It follows afterwards chapter the third, We have constituted and ordained by common advice, etc. Lay men have assisted at Council in Fr●nce. 24 The Council of Tribur was nearly of the same kind; for there were diverse Laymen there with King Arnulph, who was Precedent in it. He came (saith the Preface to it) into the royal City of Tribur in France, Vide Concil. Tribu●iense in princ. & in fine tom. 4. Concil. pa. 26. with the Bishop's underwritten, the Abbats, and all the Peers of his Realm, and there flocked thither both Clergy and Laymen, in great troops. And at the end, This holy subscription was confirmed and fairly approved by the reverend profession, and worthy answers of the Priests, Deacons, and Lay Nobility. This Council contains eight and fifty Chapters concerning manners and Ecclesiastical discipline. Rigordus de gestis Philippi Augusti sub anno 1179. 25 Philip Augustus intending to declare his son Philip his successor in the Realm, called a general Council at Paris, of all the Archbishops, Bishops, Abbats, together with the Princes and Lords of his Kingdom, that they might herein pitch upon a resolution according to his desire. And it is observable, that in these Counsels they treated of all things both spiritual and temporal. Whence that appears to be true which a learned Frenchman hath written long ago, M. ●ean du Tillet greffier en ses memoires. V. Capitulare Caroli Magni lib. 2. ca 24. & 25. That anciently the affairs of France were managed by the Clergy and Lay men jointly. Which is yet practised by the General and Provincial States, as also in the Courts of Parliament consisting of Counsellors both Ecclesiastical and Civil. There was a Council holden at Soissons in the same King's reign by the Legates of Pope Innocent the third. Rigordus de gestis Philippi Augusti sub anno 1200. In this Council (saith an ancient Historian) King Philip was assistant, with the Archbishops, Bishops, and chief Lords of the Realm, where the point of the divorce or confirmation of the King's marriage with jugerberga was discussed. Idem Rigordus. 26 The Patriarch of jerusalem being arrived in France in 1184. with the Prior of the Hospital of Outremer, and the Grand Master of the Templars, to demand succour of King Philip Augustus against the Saracens, He sent out his Mandamus to call a General Council of all the Archbishops, Bishops, and Princes of his Realm (saith the same Historian) which was holden in the City of Paris. 27 The Council of Vezelay which was called by Lewes the Young, son to Lewes the Gross, Pope Eugenius the third being then in France, was of the same composition. Which thing being certified to Lewes the Young, son to Lewes the Gross, (saith a jean le Maire en la 2 party de la division des schisms. john le Maire) he was much grieved thereat; and for remedy thereof he caused a Council to be assembled at Vezelay in Burgundy, consisting of all the Prelates and Princes of France, and ordained that St. Bernard Abbot of Clervaux, should represent unto them viuâ voce, all the mischief that was befallen in the Holy Land. 28 The like was done in the Council of Paris, which Philip the Fair called against Boniface the eighth. After this the same King (saith a b Martinus Polonus, ●ive additio adeum. Postea idem Rex● convocatis Praelatis, Baronibus ●c Comit● regni Parisiis ●oncilium celebravit: petens ●oncilium e● auxilium contra Papam praedictum. Chronicler) having called together the Prelates, Barons, and Lords of the Realm, held a Council at Paris, where he demanded aid & advice against the said Pope. And M. c jean Bouchet en la 4 party des annals d● Aquitaine. Platina in Bonifa●io 8. V. Pragmat. Sanctionem in principio et in fine. Vide hunc appellationis libellum in fasci●ulo rerum expe●endarum. I●an de More en la 2 party de la di●●ere●ce des schism. john Bouchet in his Annals of Aquitain, And immediately after he caused a Council of Prelates and Barons to be assembled at Paris, in which Council King Philip was appellant. 29 The Pragmatique Sanction of King Charles the seventh, was made in a Synod assembled at Bourges, consisting of Archbishops, Bishops, Chapters, Abbats, Deans, Provosts, and other Ecclesiastical persons, together with Doctors of Law both divine and humane, and other learned men of the Realm, and also of the chief Lords of France, and others of the King's Council, about the receiving of the Counsels of Constance and Basil. I say Synod, for so it is called in the act of Appeal of the University of Paris. A while after King Lewes the eleventh assembled a Council of the Gallicane Church, and all the Universities in the City of Orleans, as well to understand the purport of the Pragmatique Sanction, as to give direction for the annates of benefices, saith the Author before alleged. Before we leave France, Lay men admitted to Council in England and Sp●ine. we will set down what an English Historian saith of the Council of Rheims hol●en by Pope Eugenius the third, ●●4●. About that time (saith he) Eugenius Pope of Rome coming into France, out of the affection he bore to Ecclesiastical discipline, set up a general Council a● Rheims: Neubrigen●is l. 1. ●. 19 where he sitting with a great company of Bishops and Nobles, there was a pestilent fellow brought before him, who being possessed with a devil, had seduced a great many by his tricks and juggle. 30 Spain can furnish us also with such like examples; and assure u● that, when it pleased their Kings, even Lay men were admitted into thei● Counsels, to have a deliberative voice there, and to judge of matters. 31 This may be collected from the sixth Council of Toledo, Concil. Tole●. 6. Tom. 3. Concil. pag. 83. holden under King Chiutillaud, and by his authority, the year 654. where in the thir● chapter we read thus: Wherefore we decree and denounce with heart and mouth this sentence pleasing to God, & conformable to our Kings, and do furthermore ordain with the consent and advice of the Grandés and honourable persons of his Kingdom, etc. To the same effect we find the eighth Council of Toledo, Concil. Tolet. ●: Tom. 3. Concil. p. 184. holden under King Recessuinth, and by his command, subscribed with the signs of fifteen of his Officers. King Eringus caused diverse of his Lords and officers of the Court to assist at the twelfth Council of Toledo, holden in the year 681● and ordained them for judges, together with the Bishops, to consult of such things as should be handled there: to all whom he made this exhortation at the opening of the Council. Concil. Tolet. 1● versus princip. Tom. 3. Concile pag. 374. I do admonish and conjure you in common, both you holy fathers, & you right honourable of my royal Court, whom we have chosen to assist in this holy Council, by the name of God, and as you will answer at the dreadful day of judgement, that without all favour or acceptation of persons, without any froward wrangling, or ●esire of perverting the truth, you treat of such matters as shall be proposed unto you with a sound examination, and that you express them with a more sound judgement. His subscription to the Acts of that Council have these words. Great good will accrue to our Realm and people, if these decrees of the Acts of the Synod, as they were made by our procurement, so they be confirmed by the oracle of our lasting law. To the end that what the reverend Fathers and Lords have ordained by virtue of our command, may be defende● by our Edict. All his Courtiers and Officers are subsigned to the Acts of that Council. 32 The same form was observed in England: Math. Westmonast l 1. sub an. 905. for in the year 905. King Edward, and Plegmond Archbishop of Canterbury, assembled a great Council of Bishops, Abbats, and other faithful people in the southern parts of England● saith Matthew Westminster. 33 In the year 1150. King Stephen having done what he would at York, Neubrigens'. lib. 1. cap. ult. and the adjoining shires, returned towards the southern parts about the feast of Saint Michael th' Archangel, to keep a Council at London, together with the Bishops and Nobles of England, both for the affairs of the Kingdom, and of the Church of York, which was then vacant. 34 The year 1170. at the request of the King of England, two Cardinals, Neubrigens'. lib. 2. cap. 2●. Albert and Theodinus, were sent into France from the See Apostolic, who having called a great assembly of Ecclesiastical persons and Noblemen within the territories of the King of England, they solemnly admitted him to purge himself of the murder of Thomas Archbishop of Canterbury. 35 In the year 1190. the Bishop of Ely, Chancellor of England, Idem Neubrig● l. 1. cap. 14. and Lieutenant general of the Realm, in the absence of King Richard the second, who was then at the war, in the Holy Land, called the Bishops and Lords of the Kingdom together. And presenting them upon the sudden with the in●strument of his Legation, he openly declared himself with a great deal of pomp and insolency to be Legate o● the See Apostolic. ●o●● L●y men have and may be admitted to Counsels. 36 Come we back to the Emperors; there we have the example of Oth● the first, who made up the Council which he held at Rome for the condemnation of Pope john, of Ecclesiastiques and Lay men. Of which rank these are named by Luitprandus. Luitprandus rerum per Europam gestarum lib. 6. cap. 6. 10. 11. Of the Nobles, Stephanus filius, johannes superista, Demetrius Meliosi, Crescentius Caballi marmorei, johannes Puisina, Stephanus de Musa, Theodorus de Rusina, johannes de Primicerio, Leo de Camurzuli, Ricardus, Petrus de Canaperia, Benedictus, & Bulgaminus his son: Of the communality, Peter Imperiola, with all the Roman army. And afterwards by their unanimous advice, the Emperor pronounced the sentence of condemnation against john, and created Leo in his stead by the same advice. Martinu● Polonu● in Henr. 3. sub anno 1058. 37 We have also the example of Henry the third, Who (saith Polanus) having called a Council at Worms, consisting of four and twenty Bishops, and many of the Nobility, he there commanded the decrees of Pope Gregory to be disannulled. Virtue author qui scripsit de investituris apud Theodoricum à Nihem in tract. de privileg. & ●urib●s Imperat. pag. 785. 38 We may further allege the example of Popes. For Adrian did summon many Lay men to the Lateran Council holden by him and Charles the great, what time he caused him to be proclaimed Emperor. There was a holy Synod called (saith a good Author) by Pope Adrian of happy memory, at the Palace of Lateran, in the Church of St. Saviour, which was most solemnly kept by fifty three Ecclesiastical persons, Bishops or Abbats, together with ●udges, Magistrates, and Doctors of Law, from all parts, and also person● of all states and conditions of that City, and all the Clergy of the holy Church of Rome. Who made enquiry concerning the customs, laws, and manners of that Church and Empire: consulting also by what means heresies and seditions might be rooted o●t of the Apostolic See; and treating of the dignity of the Senate and Empire of Rome; seeing that by reason of these things a foul error was spread over the whole world. ●dem author. 39 In imitation of him Pope Leo did the like in another Council at the Lateran, under the Emperor Otho the first. For as much as your humility (saith he) doth humbly desire our Apostleship that dispatching the holy Synod assembled by your advice at the patriarchal of the Lateran, in the Church of St. Saviour, and consisting beside of judges and Doctors of law, we would declare how we may live in peace and quiet. 40 I am not ignorant that many examples may be urged to the contrary and that in many Counsels there were no Laymen at all, at least for aught we know. I grant it; but I would have it acknowledged withal that they might have been there, and that it belongs to Princes to admit Laymen when they think good; as Marsilius of Milan holds, and we shall prove hereafter. Neither will I maintain that it is necessary they should always be admitted, but only upon great occasions, about some weighty matters, and in case of urgent necessity. When we speak of Laymen, we mean only the learned, not the ignorant; for as for these, whether Lay or Clergy, they are good for nothing but to make up the tale, and therefore have nothing to do to go there; this is the opinion of Cardinal Cusanus. Nicol. C●sanus lib. 2. the concor. ●athol. ●ap. 16. There (saith he) where the sentence of definition go●s by plurality of voices, and not by consent and unanimity, it is good reason that discretion, wisdom, and authority should be considered, that the judgement of fools, who are ever the greater number, may not overb●are the opinio●s of the wiser sort. So then, we maintain that the learned aught to be admitted, by a reason which is backed with authority; and that is, because what concerns faith is a common case to Laymen as well as Clergies and therefore when there is any controversy about it, every man ought to deliver his opinion. Nico●a●● in epist ad Mi●●ae●em Imper. Pope Nicholas hath said as much in downright terms. Faith (saith he) is catholic and common to all, it belongs as well to Laymen as Priests. Yea to a●● Christians. He speaks expressly of laymen's assisting at Counsels, For what end Lay men may be admitted. whom he would have admitted when controversies of faith are handled. 41 Let us apply this to our Council of Trent. There were deep points of faith handled in many Articles of it, therefore the lay-men should have been called, and admitted, and have delivered their opinions. 42 Bellarmine shifts it off after his way, Bella●m. lib. 1. de Concil. c●. ●● when he limits the admittance of Laymen to Counsels (spoken of by Pope Nicholas) to these ends, only that they may see and hear what passeth, but not judge. This gloss corrupts the text, which speaks without distinction: besides the cause being the same both in respect of Clergymen and Lay, the effect should likewise be the same. 43 The second reason is the abuses which have been committed by these many ages, in the disposal of Bishoprics and benefices, whence the number of the learned Clergy hath been more impaired, than it were to be wished it had, and is so at this day. Marsilius de Milan in desens. pac. part. 2. cap. 20. Mark what Marsilius of Milan said of it above three hundred years ago; Nowadays (saith he) by reason of the corruption which is crept into the regiment of the Church, the greater part of Priests and Bishops are but meanly skilled in holy Scripture: and (if I may lawfully say so) this insufficiency comes by reason that some ambitious and covetous persons, and Lawyers, will needs purchase the temporal means of Church livings; and do so, either by their services, entreaties, money or temporal power. And God is my witness, and the number of the faithful, that I remember, and have seen many Priests, Abbats, and Ecclesiastical Prelates, so poorly learned that they were ●ot able so much as to speak true Latin. Hence it follows, that Lay men should be admitted into Counsels, considering withal that it was anciently accustomed. At the most noted Counsels (saith he) the Emperors and Empresses assisted with their officers, for the resolving of Scripture doubts, as appears by Isidores Code: although there was no such necessity of calling in Lay men in those days, as there is now, by reason of the great number of Priests and Bishops which are ignorant of Gods Law. 44 I do not urge all these passages to offend the Ecclesiastical order, nor many learned Prelates now alive, whom I much reverence for their learning and worth; but only as suiting with the subject I have in hand. I am certain they will in heart confess what I say to be true, That at this present there are some ecclesiastics which have voices in Counsels, that are incapable of that privilege: And on the other side, there have been, and yet are, some Lay men of all sorts, well skilled in Divinity, however they make no profession of it. Being then in the danger we are, the fire being kindled through all parts of Christendom, by reason of religion; the Turks pressing so hard upon us, that if God be not merciful to us, our slavery is not far off: Is it not reason to confer about these differences, with all sorts of people, to the end that some remedy may be found out for them? There was a poor ignoramus that pu●led a great Philosopher at the Council of Nice; Vide A●●a Concilii Nicaeni. possible the like may befall us. The opinion of one godly man ought to be preferred before the Popes, if it be grounded upon better authorities of the Old and New Testament, saith the Pa●ormitan Abbot. Panormit. ●n cap Signi●ic●st● de Elect. Every learned man may and aught to withstand a whole counsel, if he perceive it errs of malice or ignorance, saith Mr. john Gerson. But where, and how, I pray you, if not in a Council? Or, to speak more properly, where can they do it more fitly than in such an assembly? and how should they do it there if they be not admitted? 45 It will be replied, that they may be allowed to come there, but only to consult: and so they will expound most places out of Cowncels and ancient authors. For example, that which a Socrat. lib. 1. Eccles. hist. ca ● Socrates saith of the Council of Nice; There were present (saith he) many very learned Lay men, and well skilled in disputations: that which was ordained at the Council of b Concil. Tolet. 4. tom. 3. concile pag● 65● Toledo, concerning the assistance of Lay men at Counsels: L●● m●n admitted at Constance and Pisa. that which we find recorded of the sixth general Council at c Council gener. 6 Constantinople, and of the d Const. et Conc. generale 7. Nicaenum tom. 3. Council pag. 234 & 452. seventh general, which was the second Nicene Council, at both which, in all of their Sessions, divers Senators and officers of the Emperor did assist: that which e Guilielm. Du●ant. in trans. de Concil. Durand Bishop of Manned saith in his treatise of Counsels: that which the Abbot of Panormo, in his allegations for the Council of Basil: f In tract. de potest. Papa lib. 3. c. 12. Et in Conc. gen●ralia dist. 13. q. 4. Cardinal Turrecremata, and Cardinal g Cardinalis jacobatius lib. 2. the Concil. Art. 6. jacobatius, who admits them in divers cases, and amongst others in this very case whereof we speak. Yet for all that, I cannot see what they can answer to h Marsilius part. 2. cap. 20. in def pac. Marsilius of Milan, who allows Lay men to be judges in Counsels; for he would have all countries in the world, and famous commonwealths, following the ordination of their humane lawgiver, to elect out of faithful men, first of Priests, next of others, provided they be fit men of an honest life and well versed in God's Laws. And as for the places before alleged, let them say what they will, it is plain enough in most of them, that Lay men were admitted into Counsels to give voices, and be partners in the judgement. 46 But be it granted that they ought not to be received, but only as counsellors; yet still there will be a grievance here, seeing they were never admitted nor summoned thither in that kind. There were only three Doctors of the Civil and Canon Laws, (saith Onuphrius) that were indeed called thither: or, to speak more properly, sent thither. But what to do? to be slaves and servants to the Lords of the Council. Mark what service Bellarmine deputes them to. * Onuphriu● in Pio 4. Bellarm. lib. 1. de council. ca 15 Of Laymen (saith he) some few shall be called thither as shall seem serviceable and necessary for some office in the Council. That is, in plain English, the Pope will send some such as he means to serve himself of, so as the gate is shut against all others: and such, saith Bellarmine, was the practice of the Council of Trent. We desired to hear thus much from him● that our complaint might have the surer ground. This was not the form of that famous Council of Constance, Vide chronicum Pauli Langii anno 1417. Et Pietro Messia en la vita de Sigismondo. where were present men of great eminency of all countries and conditions: those that have left us the description of it, say there were twenty four Dukes, a hundred and forty Earls, diverse Delegates for Cities and Corporations, diverse learned Lawyers, diverse Burgesses of Universities. And it may easily be gathered from the Acts of that Council, that the Laiques were not debarred from giving of voices, and power of deliberating. 47 At the first Council of Pisa, there were the delegates of Universities, the Proctors of Cities, and some Doctors in law, to the number of four hundred. Apologia concilii 2. Pisani Impressa Mediolani per Gotardum Ponticum ●nno 1512. Vide Acta con●ilii Pisani 2. All of whom (saith the Apology) treating of points of divinity, when they had deposed the two antipopes, that contended for the Popedom, and elected Alexander the fifth Pope in their stead, a most learned and discreet man, made many good ordinances in the Church of God. 48 At the second Council of Pisa, there were also the delegates of Universities, amongst others of Paris, Tholous, and Poitiers, with sundry Doctors in Law, and other men in great abundance, (say the Acts) well skilled in matters both divine and humane. Thus should general Counsels be composed; mainly then when the question is about putting an end to disorders, schisms, wars, and bloodshed; then when the Clergy cannot agree themselves. I know well it will be hard to persuade the Pope and his disciples to this; who having usurped all authority over Counsels, surely over Clergy men of the meaner sort, will be loath to let it go. I know beside, the Pope is not well content that his presidency should be disputed, nor his power of calling and confirming Counsels, which he pretends a title to: that he is very impatient that any man should call him in question, and indeed not without good cause; there i● matter enough to put him past his patience. Let us therefore take a friendly course, handle the matter gently, Nothing done in the Council but what the Pope pleased. confer together and depute some men of rare knowledge of all conditions whatsoever; it may be God will bestow his blessing upon it. At least this care, this endeavour, this attempt, will be commendable, and excuse both before God and men, those whom it concerns to provide for such matters. CHAP. IX. That this Council was nothing else but a Papal conventicle. 1 WE may collect from the former discourse, that no man had any voice in the Council, but such as were sworn to the Pope; and thence quickly infer, therefore nothing was done there, but what he pleased. Though the conclusion be good, yet will we descend to the proof of it. King Henry the second saith as much in his act of Protestation; Extat in libello de statu Eccles. Gallic. in schismate. He hath bred a suspicion in all men, (saith he, speaking of the Pope) that this calling of the Council again, was not any way for the common good and profit of the Catholic Church, but rather upon compact and accord with those whose interests are served in this assembly: He means the King of Spain, who was the Pope's favourite, and by consequence the Counsels. Nor was there any Canon, or Decree, or any other thing resolved there, but by direction from the oracle of the Court of Rome; Extat in eodem libello. witness Mr. james Amiot, Abbot of Bellosane, and afterwards Bishop of Auxerre, who presented the act of Protestation to the Council the first of September 1151, and who set down the whole story of it in a letter of his written to Monsieur de Morviller; They will not (saith he) have this act come to light, till there be some or other answer to it, which they expect to be sent them from Rome, This makes that story credible, which some have delivered in their writings, Du Moulin en son conseil sur le concile de Trente. Et l'autheur de l'advertissement sur la reception du concile de Trente. urging Mr. james de Ligueris for proof thereof, who went to the Council in behalf of King Henry, the year 1551, to see what was done there; namely, how the article of the residence of Bishops, being even upon the point of being concluded upon, with some infringement to the Pope's authority; he being advertised thereof by his Legates, commanded them to defer the conclusion of that decree for six months; during which time he mustered up, or created anew full forty Bishops of Apulia and Sicily, whom he presently embarked and made them hie to Trent: and how when they came there they hindered that resolution which was like to have been made, crying out that the Council could not set laws to the Pope, and that they were all nothing but his Holynesses creatures. 2 The Emperor Ferdinand hath said as much in terms so express, Extat hac epistola Parisiis impressa apud Nicholaum Chesneau anno 1563. in a letter of his writ to Pope Pius the fourth, as taketh away all scruple which can be made hereof. That it may be lawful (saith he) for the Fathers, freely to speak and decree that which the Holy Ghost and their own consciences shall suggest unto them without fear or favour, all good order being there observed, by which means all confusion which might be feared shall be avoided, so as there shall be no need of ru●ning out of the Council for the determination of such points as are debated in it. We are confident your Holiness will never bend your designs that way; Lay m●n calle● to Counsels in France. and that you will never give way to the introduction of any novelty, into a State so distempered and troubled, whereby the liberty of the Council may seem to be any way abated or violated. There are yet other complaints in the same letters, which show but the too great slavery of those good Fathers, and the little respect that was used towards them. Guido Faber in Oratione sua habita in Conc. Tried 4 junii, ●nn. 1562. 3 The French Ambassador gives them also some quips, and those pretty ones, and plain enough: Christendom (saith he) hath reaped but little or no good at all from the many Counsels which have been holden in and before our times, both in Germany and Italy; things remain still at one stay, that is, in a poor and miserable plight. But the ca●se of that misery doth now cease, and hath no place in this present assembly; for their judgements were not free, and for a great many of them there was more subjection to the humours of great personages, than liberty of conscience; which is much to be feared in a matter of this nature. But as for you, Sirs, who are here assembled in the name of God, you acknowledge no superior, but the honour of God, and the quiet of his Church. 4 And presently after he adds; If we will apply ourselves to the humour of this or that Prince whatsoever; and if we choose rather to mistake the truth by that means, than embrace our own salvation, and the right managing of affair● there is no question but the neglect of our duty deprives us of the glory of heaven and if so be there be any default of yours in this respect, (howbeit your virtues do assure me of the contrary) the state of religion will be so desperate, that there will be no hope of remedy left. I have seen the original copy of a letter in the hands of a learned Catholic, dated the 19 of May 1563, written from Trent to Rome, by Monsieur de Lansac, King Charles his ambassador at the Council of Trent, unto Monsieur de Lisle, the same King's ambassador to the Pope; wherein he entreats him to deal so, that the Pope would leave the Council to their liberty, and send the Holy Ghost no more in a Clokebag. The Lord de Ferriers, assisted by the Lord of Pibrac in his oration delivered in September 1563, touching the precedency of the King of France, before the King of Spain, accuseth the Pope of bereaving his eldest son of the honour that belongs unto him; of arrogating unto himself power over the Council, and prescribing unto it what it must follow and observe. And in the letters written by the same Ambassadors unto King Charles, the 25 of November 1563, upon occasion of their retiring to Venice; they say amongst other reasons, they departed from the Council, Because nothing was done there, but what pleased the Pope; and hereupon they stood so long upon determining things proposed, if there was any difficulty, because they must send to Rome to seek the Pope's resolution. 5 This is also the great complaint, which hath ever been made, and that justly, by the Protestants of Germany. Hear what Paul Vergerius (who had formerly been the Pope's Legate in Germany against Luther and the Protestants) speaks concerning it in an Epistle of his to the Bishops of Italy. Voyes ●es commentaires du Sieur precedent de l' estat de la religion et republique so●s Henri et Francois 2. et Charles 9 I desire you moreover to consider a little, and throughly to inform yourselves of that which Pope Paul the third, and julius the second lately deceased, were wont to do: they framed Ordinances and Decrees to their carrier, than they sent them to Trent, with an express injunction that nothing should be determined, but what they commanded. Which I know to be very true, because in the time of Pope Paul myself being then Bishop was at Trent, from whence I was ferreted, because I was suspected to have taken notice of it: whereupon they were afraid lest I should disclose it; howbeit I knew but very little of it at that time. And there is none now but knows that all the definitions which were first made at Rome by the Pope's commandment were sent afterwards to the Legate, that he might look well to this, that the divines observed the same order and platform in their disputes, as was prescribed to them. Whence it came to pass, that they commonly say nowadays, The Holy Ghost came to Trent packed up in a Clokebag. 6 A learned man of those times among the Protestants, The Council depended wholly upon the 〈◊〉 Pope. called Fabricius Montanus, hath made a great complaint hereof in a speech of his pronounced before the States of Germany; which is contradicted by Fontidonius a Doctor in Divinity, he that made the speech in the behalf of the King of Spain at that Council. Apol●●ia Fontidonii. I shall content myself with two passages which that Apologist labours to refute in his rejoinder. As for that (saith he) which you urge and account for a fault, that the Pope doth not submit himself to the Council, but rather the Fathers of the Council are subject to him, what furtherance can that bring to your cause? And in another place; You rake up many calumnies, not crimes, which you do not confirm by any arguments, as that the Fathers of the Council do wholly conform themselves to that which is prescribed in a certain schedule containing the declaration of his pleasure. There are many other writings beside, wherein may be read the same complaint. 7 Howbeit the Doctor do peremptorily deny that it was so, and says that the Pope and the Council did accord very well, yet for all his answer it is not amiss to tell him what Onuphrius saith in the life of Paul the third, Onuphrius in vita Paul 3. for it serves very well to our purpose. Being thus highly offended with the Emperor (saith he) without any dissembling of it, he began to think of suspending the Council (which he had formerly commanded to be kept at Trent, in courtesy to the Emperor) and of removing it to Bononia, which he was the more willing to do, because he had understood how his dignity was taxed and disparaged by the malice of some suborned Prelates, in certain sanctions decreed upon in an odious disputation. See what the Pope's use to do when the Counsels do● not please their palate, and do what they would have them: so Pope Eugenius dealt with the Council of Basil, AEn●as Sylviu● i● comment ●●●cil. Basil● and Pope julius the second with that of Pisa. This transferring of the Council was put in execution, howbeit it was contradicted by diverse Bishops, as appears by the eighth Session. 8 We will conclude, we need not seek a more authentic proof hereof ●han the determinations of the Council itself, which were all entirely submitted to the Pope's authority, and which for the most part tend to no other end but the support of his greatness. So Pius the fourth in a public oration of his delivered in the Consistory after the conclusion of t●e Council, thanks them heartily for having such a tender regard to his authority, when they went about an Ecclesiastical reformation; in so much that if he had undertaken to reform himself he should have gone more severely to work; as appears by that Oration printed with the French translation of the Council of Trent, which was very wisely retained by a learned Sorbonist. But indeed it is a thing not much to be marvailed at; for what could such men do else, which were not their own masters, which were bound to the Pope by such a strict oath that they durst not flinch from him, yea they durst not so much as speak the truth in what concerned him? So said AEneas Silvius in an Epistle to the Chapter of Mayence: Even to speak truth against the Pope is to break the oath of a Bishop. And indeed mark the purport of one of the clauses in the new oath, They shall disclose, and effectually hinder with all their might whatsoever shall be plotted, negotiated, or attempted against the Pope. They are also tied by the ancient form, Cap. Ego de jurejurando. Extra. To defend the Popedom of the Church of Rome against all sorts of men. Besides it was very equitable that they should do something for him, considedering the benefit they received from him. First, it is to be considered that they were maintained there at his proper cost and charges; which (if it be duly observed) was no small matter, to defray such a number of men for so many years. Onuphrius in vita Pii 4. Pope Pius (saith Onuphius) spent a great sum of money in the celebration of this Council, considering that he gave liberal allowances for diet and maintenance of the poor Bishops and Priests, and to all the Officers of the Council: a thing which was anciently done by the Emperor. 〈…〉 bea●e ●h●●ha●g●s of ● Council. 9 AS for this last, we read indeed that Constantine the Emperor feasted all the Bishops of the Council of Nice; that he bore their charges, and gave presents to them; as also he caused his officers to allow them the coaches and horses of the State to help them on their way. ●useb. lo●. 10. ●●p. 5. Ch●odoret l. 2. ●. 16. Euseb. de vit●●ons●antini lib. 3. ●heodoret. l. 21 cap. 30. Sozomen. lib. 4. cap. 16. Sulpitius Se●erus Sacra hist. lib. ●. The same Emperor sent the chief of his Court to jerusalem to minister such things as the Bishops there assembled, with their associates, and all other necessitous people stood in need of. And thus must we understand that which Sozomen speaks of the expenses of the Commonwealth upon the Bishops which were summoned to Synods; for this must be referred to the Emperors. Constantius commanded that the Bishops at the Council of Ariminum should have their lodging and diet allowed; but our Frenchmen were so scrupulous that they would not accept of it; choosing rather to live sparingly upon their own pittances, than to feast it at the public charges. 10 It was good reason this charge should be transferred from the Emperors to the Popes; since they pretend now adays that the right of calling Counsels, and presiding in them belongs to them, which was formerly the Emperors: nay more, since they have now engrossed all the Imperial power and dignity into their hands, that so he that enjoys the honour, should also bear the charges. Yet these are they that underwent this charge, that they might thereby confirm their claim of presidency and convocation which was questioned, and to win a more favourable verdict from those Fathers. If a judge may be refused by course of Law, because he hath eaten or drunken with one of the parties, much more may they be that make themselves domestics and pensioners, as those Bishops did, whose judgement is therefore lawfully rejected at this present. 11 Pius the fourth did them yet another courtesy, for by his Bull of the first of April 1561. he exempted them from all paying of tenths during the time of their abode at the Council: and it is furthermore probable that he anointed them in the fist with some good fat Benefices, at least the stoutest of them, and those which did him the best service. CHAP. X. That the number of Bishops there present was so small, that it cannot be accounted General. 1 LEt us here observe that the number of Bishops in this Council was so small, This Council compared with others for number of Bishops. that it doth no way deserve the style of General and Ecumenical. In the first Session there were four Archbishops, twenty three Bishops, the King of the Romans Ambassador, the Captain of the City of Trent, five Generals of Orders, and a few Doctors. In the next there were five Bishops and three Abbats more. In the third there was an eke of one Cardinal and two Bishops. In the fourth they were in all nine Archbishops, and forty three Bishops. In the fifth there came in five Bishops more. In the sixth there were fifty seven Archbishops and Bishops in all a Yet I have seen a Catalogue printed 1546. wheres when the 6. Session was se● are reckoned but 3. Ca●dinals, 3. Archbi●sh●ps, 1. Ambassador, the Secretary, ●nd Proctor of the Council, 4. ●enerals, and 2. Spanish Doctors: in all 38. AEneas Sylu. liv. 1. Comment. Council Bas. Bellarm. de con●cil. author. l. ●. cap. 19 . In the seventh three Bishops more. In the eight, forty three Bishops, and eight Archbishops; and so on in the most of the rest, except the last, wherein the number was greater. But what is this I pray in comparison of that of Nice, where there were three hundred and eighteen Bishops? Or that of Ephesus, where there were two hundred? that of Chalcedon, where there were six hundred? that of Constance, three hundred? that of Basil, where were above four hundred Bishops, and others? The first at Constantinople was the thinnest, where there were only a hundred and fifty Bishops; but the reason of that was, because at the same time there was another holden at Rome. 2 We urge this of purpose that we may serve our turn with that which Bellarmine says; who would make us believe that the former Sessions of the Council of Constance are null and invalid, because that certain schismatical Bishops fell off there and were defaulty, because they sided with the factions of the two schismatical Popes, these (as he saith) made up two parts of the Church: howbeit in those very Sessions there were present two hundred Bishops, divers Cardinals, the King of the Romans in person, and sundry Princes and Ambassadors. Now by the same reason we may lawfully say that the greatest part of the Church made default in this of Trent, yea & that it was no better than a Conventicle, or at the best a National Council. And indeed if we throughly read the acts of this Council, we shall find that the greatest part of the Bishops & ecclesiastics that were there were either Italians or Spaniards; and that there was but a very slender number of other nations; and that especially towards the end. In all the Sessions under Paul the third we find but two Frenchmen, and in some none at all. Insomuch as one of the Precedents of that Council in a discourse of his in the last of those Sessions, said, That many Prelates are not yet come, who we know very well are upon their journey, (saith he) and especially the devout and noble French Nation. They were not only not come, but which is more, they came not at all, as appears by the catalogue annexed after that same Session. And after the death of Paul the third, the Council was forthwith broken up, from the fourteenth of September 1547. till the first of May 1551. that it was set on foot again and continued by virtue of the Bull of julius the third, under whom were holden six Sessions, and not a Frenchman assistant in any one of them, as appears by the same Acts. Thus it was at the time that Henry the second protested against the Council, Henry 2. protests ●g●inst the Council. and prohibited the ecclesiastics of his Realm to go thither, as shall be said hereafter. Extat in libello de statu Ecclesiae G●lli●anae in schisma●e. 3 That Protestation may be seen in print, bearing date in August 1551. out of which we have borrowed these words: He protested (as he may do by law) that being busied in great wars, he is not bound of necessity to send the Bishops of his Kingdom to the Council of Trent; inasmuch as they could not have free and safe access thither; and because the Council itself, from which he was excluded against his will, is such as was never reputed for a general one of the whole Church; but rather accounted a privy Council, invented not out of any desire of reforming discipline, and restoring it, but for countenancing and favouring some body: briefly, such as that there are more private respects than public in it. Nor was there only a want of French Bishops and Ambassadors there, but beside in all the Sessions holden under those two Popes, there was but a very small number of Clergy men, so that it cannot be said that it was a general Council. 4 As for the other Sessions under Pius the fifth, from the 18 of january 1562, till the end of the Council, the Bishops and other ecclesiastics of France were there indeed, howbeit no great store; as also the Ambassadors of Charles the ninth. But mark what is urged, That which is invalid from the beginning, cannot be made valid by tract of time: the last Sessions could not legitimate the former, nor purge them of that vice which was inherent in them. We may add moreover, that the same plea of enmity which was alleged for Protestants, holds good also for our Kings of France; inasmuch as Pope julius the third took part with the Emperor against King Francis; and julius the third with heart and good will made open war upon Henry the second, declaring him to be his enemy; whereof he complains in the forementioned act of Protestation: as also that he sought peace and quietness by the Lord Tervie● his Ambassador, and all other means possible, but to no purpose. CHAP. XI. The nullities of the last Sessions. AS for those latter Sessions under Paul the fourth, it is urged, Complaints made by the Emperor and th● French king that being built upon a weak and frail foundation, they cannot hold out against a tempest, bu● must of necessity fall to the ground. Authorities for proof of this have been produced by those that writ before me. Vid. Can. principatus 1. q. 1. t. Egi tecum. D. De rejudicat● l. Sedet & manente precariò. D. De prec. Canonist in ca 51. qui authoritate de praeb●n. in 6. Bald. Cons. 50● l 5. & alios. Besides, all the faults and defects of the former Sessions, redound unto them, and must be reckoned and imputed to them too; as also all other nullities, which we have hitherto insisted upon, seeing they belong as well to the last Sessions as the first. Over and above all this, we will here add the complaints that have been made of the inujust proceedings of that Council. The Emperor Ferdinand in his letters written to Pope Pius the fourth, May the third 1563, faith, We have with great grief of heart been given to understand, that in this holy Council things are not carried in that order and fashion as we and all devout people could wish, and which the miserable state of the Christian commonwealth, and our distressed religion might justly require, which grows less and less every day; it being to be feared, that if convenient remedies be not presently applied, the issue of the Council will be such as will minister scandal and offence to all Christendom, and occasion of laughter to such as have cast off their obedience to your Holiness, and the holy Apostolic See, and of maintaining with greater obstinacy than ever those several opinions repugnant to our faith, which they have already embraced. And a little after; Alas, what a pitiful thing it is, that the Fathers and Doctors in the Council should begin to abandon themselves to quarrels and contentions, to our great loss and discredit, and to the scorn and derision of our adversaries? 2 Arnalt Ferriers, Precedent in the Court of Parliament of Paris, in that oration which he made in the Council, September the 22, 1563, assisted by the Lord of Pibrac, complains thus; That the Council did not set about the reforming of the Church as they ought to do: That it was not the reformation of those which are dead, or those which shall come after, which was demanded. Non di●o, sed ● numeratione sacilè conclusio inferri potest. Of whom then? I will not tell you, but it is easy to collect by enumeration. If any will reply, that there have been certain decrees made concerning reformation, and that by them satisfaction is given to such things as were demanded. We answer, that they might indeed afford sufficient content, if one thing might be paid for another without consent of the creditor: Si invito creditore aliud pro alio solvi possit. That there was a great deal of stir about reforming those things that needed not: That Kings and Princes were hereby deprived of their rights: That censures and excommunications had been denounced against them: That the liberties of the Gallicane Church, have been beleaguered; whereupon according to the command which they had received from their Prince, they were constrained to oppose themselves as they did. 3 I have seen the letters of King Charles, dated August the 28. 1562, written to his Ambassadors the Lords of Ferriers and Pi●rac; wherein he commandeth them to retire from the Council, and to cause the Bishops of France to retire also. In another oration of his spoken about the end of the same September, complaining of the wrong done to the French King touching precedency; The French Ambassadors lef● the Council. he said, That the French would not acknowledge Pius the fourth for Pope; and that according to the command which they had received, they charged the Bishops and other ecclesiastics of France, to retire themselves and depart from the Council. They were so hot then, that the Council was upon the point of inditing them; yea, they had entered the action when they went to Venice, from whence they writ a letter to the Lord Cardinal of Lorraine, that stayed at Trent, dated the 24 of October 1563, wherein they complain unto him that some French Bishops blamed their proceedings; and amongst others the Archbishop of Sens, who had said, that it was all one as to turn Protestant; that is, Heretic; which they stranged very much at, seeing they had done nothing in that matter but by special command from the King. And in the letter which they writ to King Charles from Venice the 25 of November 1563, they certify him of their departure from the Council according to his command; telling him particularly the great motives they had of so doing. 4 The nullity of their proceedings shall more plainly appear by such reasons as we shall urge in the following Books; where we shall show how this Council hath not had so much regard to the justice of the main demands put up by Catholic Princes, as to assert and augment that injust power which the Pope hath usurped over the Church and secular States: and that it hath even trampled under foot the right of our Kings, and the liberties of the Gallicane Church. CHAP. XII. That in regard of the protestations made by those that complain● of this Council, their right remains entire. In what ●se a ●udge may be refused. 1 BUt before we pass to the handling of such points as concern the ground of the matter, it is fitting we proceed to show, that there is nothing that stops our entrance, or can hinder our passage; that there are no pertinent or approvable reasons for the rejection of our plea. Amongst such as have reason to complain, some say they were not heard: others, that if they were, yet that is no hindrance, but the judgement may be reiterated● So then, here is the question, if so be they may have a hearing, whether there must be a Council assembled again, or we must do them right some other way? Gl●ss. in C●n. ●l●. cause. 3. q. 5. in verb. canonic. The glossator of the Canon law decides the first point, when he saith, That he which hath been lawfully obstinate; that is, against whom the formalities required in case of obstinacy, have been observed, before a judge which is suspected and refuseable, is not bound to send a proctor there to plead the causes of his suspicion; nay, it is not necessary to protest: but even eo ips●, inasmuch as he hath occasion to make refusal, all the process is avoidable. The reason whereof, in my opinion, is, because the judge that knows himself to be suspected, should have the modesty to refuse himself, and not stay till it be said unto him, Forbear. So the old a Tacitus ●ive Quintilian. in dialogo de causis corrup. eloq. Romans used to do; and it is the practice in France, which hath been prescribed to us by our b L'ordinance d●●lo●●. ordinances: recusations have ever been admitted with ease; and oftentimes it hath been sufficient to c Vtebantur hac formul● EIURO NIQWS EST. Asconius in Verrinam 2● swear, that the party refused was an injust judge, The King of England's Protestation. without rendering any further reason. It was to be wished that the Pope had asked his own conscience, and examined whether he could be judge in the case in hand; seeing that he was accused and taken for a party himself, and he also presecuting the condemnation of his enemies, those whom he had pursued with fire and sword, and condemned already by his Bulls. Which seeing he did not do, he is therefore the more refuseable, and there is a flat nullity in all his proceedings. 2 In the first place, the Princes of Germany assembled with their Divines at Smalcald, the year, 1537, after they had proposed by the Vicechancelour of the Emperor Charles the fifth, Mathias Held, a●● declared the reasons that withheld them from repairing to the Council, they published a writing to that effect, the contents whereof were, Sleidan. comment. lib. 11● that a Council where the Pope and his adherents have the commanding power, ought not to be holden legitimate: That the power of judging belongs not only to the Pope and the Bishops, but to the Church, wherein are comprehended Kings and other States: That the Pope in this case is a party: That it is not only his power and excess which is called in question, but his laws and doctrine, and he is accused of heresy and idolatry: That he hath already condemned those whom he intends to judge in the Council: That the Convocation of it is not such as was promised it should be, namely in a place of freedom and safety, and that in one or other of the Cities of Germany. But because the author of this narration may be suspected by some, I will produce his adversaries. Pontanus speaking of this assembly, saith, that the Protestants after much deliberation made answer, that they would never give way to the keeping of the Council in Italy; nor that the Pope and his confederate should be precedents of it: That the Pope and his favourits should condemn their doctrine, however sound: That they would not submit themselves to his tyranny. 3 Laurence Surius is yet more ●ull; for speaking of that very assembly he saith; Surius in hi● History; in the 〈◊〉 1537. ou● of the French translation by james Estou●neau. The twenty fourth of February, all the confederates made answer at large; which answer I would here set down, if it were to any purpose. They talked much of the Council, which they would have to be free, and that Luther forsooth and his companions, should have as much power and authority in it, if not more, as the Pope of Rome; although it be directly against the customs of antiquity. And this they said not without many bitter taunts of his Holiness; saying, that he had broached, and at that present defended a doctrine not only contrary to the word of God, but also to the ancient Fathers and Counsels. And anon after, The last of February the Protestants made answer at large to the points proposed by Held, but I am loath to set them down: The sum of all that they said, is in their answer to the Council set forth by the Pope. For they plead, that the authority of judging belongs not only to the Pope & the Bishops, but also to the Church, in which Kings and Princes are comprised. They might as well say, Hucksters, Catchpoles; Druggist's, Apothecaries, and such like. As if it belonged to Lay men, to a Cook, or, a Cowherd, to intermeddle with the questions and decrees of the Church. 4 Henry the eighth, King of England, although he was then a Catholic, made the like protestation; for hark what Surius saith of him. Surius ibid. About the same time the King of England set out a book, wherein he showed the little account he made of the Pope of Rome, and that he would neither come nor send his Ambassadors to the Council which the Pope had called; and he ever and anon put in good store of jerkes at St. Peter. Considering what we have heard from Surius, that which Sleidan relates will not now be suspected. 5 Presently after (saith he) the King of England put forth a book in the name of himself and the Lords of the Land: The King of England's protestation. wherein he complained that the Pope took upon him to call the Council; a thing not in his power to do: and that he called it then when there was open war betwixt the Emperor and the French King. Sleidan. comment. lib. 11. Besides, the City of Mantua, where he appointed it should be, is no sure place for all parts, nor yet convenient. For his part he desired a Christian Council, but he would not go to the Popes, nor yet send his Ambassadors: for their common practice is in such assemblies to oppress Christ and his truth for their own advantage. Nor hath he any thing to do with the Bishop of Rome, whose Edicts and commandments do concern him no more than any other Bishops. The custom was to call Counsels by the authority of the Emperor and Kings, and it were fitting that custom were put ●n ure again, especially in these times when the Pope hath so many vehement accusations laid against him: And yet it would cost a man his life if any one shuold be so foolhardy as to reprove him and accuse him to his face, unless it were in a lawful Council. Nor he, nor his are secured by safe conduct; and say he were, there are such apparent dangers, as it is not fitting he should come there: for it is no new thing with the Popes to break promise, and to stain and imbrue themselves with the blood of innocents. And however other men may safely go thither, yet for his part he cannot, and that for reasons well known: for the Pope lays snares for him, and hates him mortally, putting him out of favour with other King● as much as he can: and this for no other reason, but because he hath ca●t off his tyranny, and withholden his Peter-pences, which mads him so; and the rather, because he is afraid lest other Kings by his example may ere long do● the like. At this instant the Council is prorogued till the first of November, without any mention where it shall be 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 go roundly about the business, but is ever a playing tricks and treacheries. If he remove the Council to another place, he must take a City that belongs to some of his feudatary Princes, or else one of his own: for he hath a goodly patrimony, with many fair 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 despair of ever seeing a true Council, he thinks it most fitting that every Magistrate reform religion amongst his own people. If the Pope plead custom, that will not serve the turn; for, as Saint Cyprian saith, Custom without truth is but an inveterate and grounded error. Therefore this is his advice, and this he thinks 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 less the Protestants; nay they repeated them diverse times after; Sleidan. l. 16. This answer was printed an. 1561. and amongst the rest at an assembly at Worms holden 1545. and another a Naumburg the year 1561, where an answer was given to the same effect to Pope Pius the fourth his Legates, who came thither to summon them to appear at the Council. 7 There were yet some other Protestations made against the Council on the behalf of our Kings: Henry the second protested against the Pope and the Council in the year 1551, saying amongst other things, V. libellum de statu Ecclesiae Gallic. in Schismate pag. ●78. 179. That the publication of it which was made, regarded not the good of the Church Catholic, but the commodity of some particulars: That it seemed the Pope would exclude him from it: That the beginning, progress, and issue of his Holiness designs did intimate as much: That being employed in the war which he had raised up against him, he could not send the Bishops of his Kingdom thither, seeing they could not have safe and free access: and that neither he nor the people of France, nor the Prelates and Ministers of the Gallicane Church will be bound to it hereafter. 8 King Charles the ninth, upon notice that all things went amiss in the Council, and that the demands of the Kings and Prince's Catholic, There were divers Counsels about the same thing. were not satisfied, that the reformation was not applied to such things as stood in need of it, and were required to be reform; yea more, that they entrenched upon the liberties of the Church of France● and the rights of the Kingdom, caused protestation to be made by his Ambassadors against the same Council, as appears by the Oration made by M. Arnald de Ferriers, the 22. of September 1563. where amongst other things, after he hath laid down 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 Council, as they interposed.) Whereupon it is storied, that a certain Prelate of the Council 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 qu● orat Rex Christianissimus? What doth the most Christian King intercede for? 9 But say the Pope and the rest that joined in judgement with him were not to blame; say they were competent judges, & such as could not be refused; say the proceedings were lawful; yet still it was a judgement and sentence passed upon men in their absence, so that the door is open to all those that will enter their plaint: they may justly demand to begin anew, and that things be reduced to their first state. A repeal may be had against a sentence given in case of contumacy, only paying the charges. But for them, I think the Pope that bo●e them will never ask them again: and if he 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 undergo, to show his magnificence: and in case he might redemand them, he must commence his action either against those whom he defrayed, or against the Emperor, ¶ who was anciently used to pay them, and not against those who do now desire to justify themselves; seeing that according to the Decrees of Constanc● and Basil General Counsels should be holden every ten years. 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 Council, and had audience there. For this may be questioned in regard of the King of France, who complains now how he was wronged in his rights, and yet he had his Ambassadors resident at the Council, We say he is ne'er the worse for all that, considering that diverse protestations were made against the Council on both sides. This we shall prove by some examples. 11 We read how the Donatists were many times condemned, and that by many; Augustin. in in breviculo Collatine cum Donatistis. Et Optatus Meli●it lib. de schismat. Donatist. Et Collatio. Carthagini habits. Idem August. in Collat. 3. dict, cap. 12. Idem ib. c. 19 Idem ib. c. 2. how the Emperor 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 Council at Rome; from which they appealing, their cause was afterward examined at the Council of Arles: the Emperor Constantine the Great took the pains to hear them himself: and yet after all this, under the Emperor Honorius, and by his command there was a general conference of all the Bishops Catholics and Donatists at Carthage in Africa. Where it is to be observed, that the Catholics desired that Conference: so saith St. Austin, who was one of the disputants, The Emperor's commission being read, it was declared how the Catholics had demanded the conference, and that it was granted unto them. 12 It is well known how many Counsels were called and kept to convince the Arrians: the first that was holden against them might have sufficed, namely, that of Nice, considering the ●ame and worth of it; and yet there was another General Council holden at Sardis, where the Emperors 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: The ca●●●ag● of the Coun●●l at Ariminum. so say the Fathers of that very Council, in a letter of theirs to Pope julius. And after that there were yet two others called both at one time, one at Ariminum of the Western Bishops, a Hilarius in fragmento ex opere historico. the other at Seleucia of the Eastern: where, howbeit the Catholic Bishops were more in number than the Arrians, yet they suffered themselves to be supplanted, b Sulpi●us Severus in historia sacra. chiefly in that of Ariminum, by the subtlety of the other, who were backed with the favour of the Emperor Constantius. 1● But it is expedient we here set down the very words of a Sulpitius Severtus, c Idem Sulpitius li. 2. Sac. hist. Ac siqui ●ertinactùs obsislerent, dummodo is numerus intra quindecim esset, in exilium pellerentur. Idem ibid. Dubius anni● [Hilarius scilicet] & magnâ curarum mole aes●uans, cum plerisque videretur non ineundam cum his communionem qui Ar●minensem Synodum re●●pissent, optimum sactu ●r●itratus [sic legendum; non, arbitrati] revoc●re [incipit,] cunct●s ad emendationem et paenitentiam frequentibus int●a Gallias Conciltis atque omnibus ferè Episcopis de er●ore profit enti●us ap ud Ar●minum gest● condemnavit, & in statum prislinum Ecclesiarum fidem reformavit. who hath well related the whole History; After (saith he, speaking of the Council of Ariminum) that they were all met, they divided themselves into two companies, ours took the Church, the Arrians another place, who were in all but four score; the rest, who were three hundred and twenty, were all of our side. After many disputes, and a delegation to the Emperor, this was the issue; Many of our men, partly by reason of faint heartedness, partly of distemper which their long journey had cast them into, yielded themselves to the adversaries; who after the return of the delegates, were now grown the stronger party, and had bestowed themselves in the Church when they had expulsed our men; and having once daunted their courage, they ranked themselves in great troops o● the other side. If we would here stand upon terms of non-admittance, our case were desperate. What would be said against this Council? It is true, Constantius the Emperor was inclined to Arrianis●●, yet for all that he allowed them to dispute with all freedom; there were a great many more Catholics there, than other; he used no kind of violence against our men, but only commanded his Lieutenant not to suffer any body, either one side or other, to depart the Council, till such time as they were agreed; yet so as he should meat and maintain them at his charges: Only he ordained, that in case they should come to accord, so as not above fifteen dissented, those should be banished. The number of Arrians grew so great at last, that the Catholics were almost quite out of hopes. But mark here one thing observable, such as, if others will not make use of, our French ought to take notice of, because it is a domestic example. The Catholics that remained, being but a very few, were so scrupulous that they would have no communion with such as had received the Council of Ariminum; Hilary on the other side thought it best to converse with them, and to call them to such Counsels as were frequently holden in France upon such occasions: and he wrought so, that correcting them, and advising them to repentance, they almost all acknowledged their error, and in fine, the Council of Ariminum was condemned, and true faith replanted in its former state. See here how those that go astray should be dealt with; see what use there is of the frequency of Counsels. That which cannot be done in one, may be done in another. A Council is the touchstone to try doctrine by, so it be free, and not enslaved. 13 Let us not then so rest upon the determinations of one Council, as not to be willing to come to another: d Vide Epist. Concil. Aquileiensis ad Imp. Gratian Valentin. & Theodos. & ●●ta ●jusd. Concil. for notwithstanding all that passed concerning the Arrians, the Council of Aquil●i● under Theodosius the elder, did not stick to give audience to those that remained of that sect, and dispute with them, and convince them. How necessary this Assembly was (say the Fathers there) will appear by the event; considering that Palladius and Secundianus, those two enemies of God, defenders of the Arrian sect, who only durst come to the Council, after they were convinced of their impiety, had such a sentence as they deserved passed upon them to their face. And it appe●res by the Acts of that Council, that St. Ambrose disputed with them. e Vide Concil. Constant. 1. ●om. Conc. 14 The General Council of Constantinople holden about the same, time proceeded likewise to the condemnation of Arrianis●●, and that upon the advice, which the Council of Aquileia gave to the Emperors, Counsels have been repeated about the same thing. Gratian, Valentinian and Theodosius, who sent the letter to Constantinople. 15 The third General Council at Ephesus under Theodosius the younger, had condemned the doctrine of Nestorius; Can. dist. 15. and yet for all that the fourth General of Chalcedon did not stick to take it under hand again, as Isidore saith, whose words are inserted in Gratian'ss Canons, to make one of the Pope's Laws. 16 The Felician heresy was condemned in a Council in Germany, Aimonius l. 4. cap. 83. 85 V. Acta Conc●lii Francof. to, 3. Concil. called by Charles the Great: it was after that condemned by Pope Adrian and his Council at Rome: and lastly it was condemned at Francfort, at a Council called by the same Emperor, whereof Rhegno makes mention. In this Synod (saith he) the Felician heresy was condemned the third time. Rhegno. sub ann. 794. In hac Synodo tertio condemnatia est baresis Feliciana. 17 There are many more examples of this kind that have been observed by such as writ before us: we will add but one more very proper for this discourse. The second Council of Ephesus had been lawfully called and lawfully begun; Pope Leo had consented to it, yea and sent his Legates thither also: yet for all this the process of it was illegitimate, there were some quarrels, practices and plottings of murders after all that; the Pope's Legates retired themselves and protested against it, yet nevertheless it held on. But what was the issue? Leo rejected and detested it, who had formerly approved it; he begged another of the Emperors, and obtained it, which was at last assembled at Chalcedon. But to give a better lustre to this example, we must see what Leo saith at first, and then we shall see what he said at last. Leo in epist. 14 ad 2 Synod. Eph. tom. ●. Concil. In his Epistle to that Synod at Ephesus he saith For as much as such things ought not to be neglected, and seeing it hath pleased the most Christian Emperor to cause a Council of Bishops to be assembled, to the end that by more sound judgement all errors may be abolished, we have sent our brethren julian a Bishop, and Renald a Priest, with our son Hilary a Deacon, and Dulcitius the Notary, of whose fidelity we have experience, to the end that they may assist in our stead in your holy Assembly, to ordain by common consent with you, such things as shall be wellpleasing to God. He saith as much in a Idem Leo epist. ad Flavian. Constan. 15. Ad Theod. August 16. Ad Pulcheriam 17. A julianum Episc. 18. other places, and namely in an Epistle of his written to Bishop julian, he saith he hath given sufficient instructions to his Legates. Now let us see the other side. In an b Leo epist. 21. ad Constant. Epistle of his to them of Constantinople he saith, Having understood what hath passed at Ephesus, contrary to the judgement of all men, we confess our heart was much grieved, and we should never have thought that injury had got the head so far, had not our son Hilary the Deacon, who was sent thither with others to supply our place in the Council, returned from thence by flight, to scape the having a hand in an unjust sentence. For when our Legates opposed, the Bishop of Alexandria, having usurped all power into his own hands, refused to give ear; he drew the Clergy to his side against their wills, and made them subscribe by force, howbeit there was no reason at all to proceed to any condemnation. And in his Epistle to the Emperor Theodosius. Whiles particular interests are prosecuted under pretence of religion, Idem epist. 2●. ad Theodo. August. V. etiam epist. 26. add Faustu● et 30. ad Marri. et Faust. a fact hath been committed by the impiety of some, whereby the whole Catholic 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 compelled to subscribe) how that many ecclesiastics arrived at the Council, who would have been very serviceable both for deliberation and judgement, if he that assumed unto him the first place would have contained himself within the bounds of Ecclesiastical modesty; and been content (as the manner is) with a fair and equitable examination, with all liberty of speaking what is agreeable to faith, and profitable for those that are in an error. But on the contrary, we are informed that all those that came to the Council did not give voices the judgement; Pope Leo's protestation holds good against T●en●. and that some were put back, and other some admitted, namely, such as had rendered their hands captive for the subsigning of those impious subscriptions; knowing that it would go ill with them, unless they did what they were enjoined. And after that; Which our Legates perceiving, they boldly protested, as they ought to do, etc. And yet after. Wherefore (Reverend Emperor) we entreat 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 Council of Trent, as we have formerly proved; and to make it the more evident, we will add the protestations that have been, made against it at diverse times, and by diverse men, that we may from thence conclude, That neither absence nor presence could be any prejudice to those that now find fault with this Council. A REVIEW OF THE COUNCIL OF TRENT. BOOK II. CHAP. I Of the denial of justice made by the Council to such demands as were there proposed by Catholic Princes. 1 HAving treated of such nullities as concern the form and proceedings of the Council, Nullities in the matter of the Council. we now come to those which concern the matter: and these we make of two sorts; for they consist either in the denial of justice, or in the making of injust Decrees. For the first, we may truly say, this Council made no conscience of satisfying the requests and demands of Christian Princes. I will not speak of those the Protestants made, and others that have drawn back from their obedience to the Pope● but only of such as were made by Catholics, the Emperor, the King of France, the Duke of Bavaria, the whole Germane 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 Council: so that by consequence, though the judgement were injust, we cannot ground a plea of denial of justice upon them: however not to divide them from the rest, we shall here set them down, after we have done with those that concern the Pope and the Court of Rome● not meddling with others, nor with the points of Religion now in controversy, which belong properly to Divinity. 2 The Emperor Ferdinand by his Ambassours (as a Catholic historian hath it) desired a reformation both of the Pope and Court of Rome; Th● demands of the Emperor and French King. 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 Diocese where they stand; These demands of the Empero●r and some others, are related by Natalis Comes l. 4 hist. sui temporis. an abatement of the multitude of Canons and Decrees; a repeal of many that are superstitious; a reducing of Ecclesiastical constitutions to the rules of God's law; prohibitions against proceeding to excommunication, unless it be in case of mortal sin, or public scandal; a purging of Masse-books and Breviaries, and expunction of that which is not taken out of the Scripture; a joining of certain prayers & orisons in the vulgar tongue, together with the latin hymns: communion under both kinds: a mitigation of that extreme rigour of fasting, and licence for eating flesh: a permission for the marriage of Priests: a rasing out of diverse glosses upon the Gospels, and a making of some new oaths by the most learned men, which all Curates should be bound upon great penalties to receive. 3 The King of France his Ambassadors, 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 known tongue: and for this last their instructions were express, to demand that Psalms might be sung, the Sacraments administered, and a Catechism made in the vulgar tongue: And beside, to assist all such as should require a just reformation in all other matters. The originals of these instructions which I have seen, were signed by the late King Charles, the Queen mother, Monsieur the Duke of Anjo●, the King of Navarre, the Prince of Rochesuryon, the Constable, the Duke of Guise, the Marshal Memorancy, the Chancellor of the Palace, and some others. Natali● Cames lib. 14. hist. sui ●●mporis. Hereupon the King of France his orator said when they proposed these demands, that they did wonderfully agree with those of the Emperor, and for that reason they had deferred the proposal of them; supposing that if the other were assented unto, they should also be satisfied: But perceiving the linger and delays that were used in that behalf, and withal 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 be taken for instructing the people what they ought to bel●eve concerning the worship of Images, and to clear it from all superstitions and errors, if any were crept into it: and the like essay to be made about indulgences, pilgrimages, relics of Saints, and fraternities: that not only the ancient form of public penance might be restored in the Church for heinous and public offenders, but also public fasts for the appeasing of God's wrath: that general Counsels might be holden every ten years: 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 enjoined to bestow them not upon such as seek after them, but those that are worthy of them and avoid them; and for certain proof of their merits to make them preach sometimes, and those such as have taken some degree in the Vniversities● upon whom only livings might be conferred by the consent of the Bishop and the people. Vid. Centum grav●mina. Et ●laudium Espens●um 〈◊〉 comment. ●d cap 1. epist. ad Titum pag. 67. & 134. 4 The Catholic Princes and all the States of Germany, assembled in an imperial Diet at Noremberg 1522, put up certain articles in some points agreeing with these, but in number far more: Which they imparted to Mr. Francis Cheregat, Pope Adrian the 6 his Legate, upon the declaration which he made unto them in the behalf of Adrian; that for appeasing differences in religion, and reforming of abuses, a free Council should be called. Grievances put up by the Princes of Germany 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 Council. Amongst other things they complained against the forbidding of meats, and marriages at certain times: of those mercenary dispensations, whereby all that great rigour was remitted for a little money: against the abuse of indulgences, by which means Germany had been polled and impoverished, sins remitted as well future as by past, souls delivered out of purgatory; remedies applied 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 Pope's granting of Conservators, or sending of Commissaries: Against the exemptions and immunities granted to certain monasteries by the Popes; the entrenching upon the right of advowson; the usurping of the benefices of such 〈◊〉 died in the Court of Ro●●, 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 Pope's household, 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 years, 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 kind 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 Ecclesiastical dignities to be holden in commendam; against the impunity of Clergy men, by reason of their privileges: Excommunications for petty matters, and that even for the fault of neighbours, which they cannot avoid: Against the interdicting of a whole town or towns upon the murder of a Clerk: Against the excessive number of Holy days: Against the abuses and attempts of the Clergy in point of jurisdiction almost in all causes and occasions, to the prejudice of the Laity: As also the abuse in excommunicating Lay judges, whereby they compel parties to compound, because they cannot have justice: Against the abuses committed by the Pope's Legates, and the County Palatines of his institution.] And other things of this nature, which it were too long to set down. 5 The Orator of Albert Duke of Bavaria according to his master's command, August. P●ungartus, cujus oratio excus●● est Pari●iis anno 1563. apud johannem D' Allier. was very earnest for the marriage of Priests, and the restoring of the cup: and for the former, he first tells the occasions, before he ●●kes his demand. In the last general visitation (saith he) overall Bav●ria, whoredom was found so frequent, that scarce three or four of an hundred but were either common whoremongers, or privately married, or else publicly. And he afterwards adds; Men of judgement and discretion, who have mo●e nee●ly and exactly examined these things, are of opinion, ●h●t to supply t●e scarcity of a learned Clergy, it will be very ●●rd to m●ke ●p so many as to suffice for divine service, especially at this time, by any other means, ●nle●●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; es●●●i●lly ●hat they may preach the Word of God. For the other point, hark w●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 express for communion under both kinds: but for one kind only not a word. Whereto we m●y add, that the use of both kinds is frequent and evident not only in the Primitive Church, The Duk●●f bavaria's demands. but in all the Eastern Churches at this day; yea the Church of Rome itself was not exempted anciently from this custom, as may be easily proved by diverse testimonies of History. Lastly, after many discourses upon this subject he concludes; 6 That the most experienced and wisest Catholics think that the people who are puffed up with a desire of innovation cannot be kept in obedience to the See Apostolic, nor diverted from a separation to which they are inclining, unless holy orders and licence of preaching be conferred upon chaste married men, to take away the liquorish custom of keeping Concubines; and also the use of both kinds be allowed to appease the minds of the incensed multitude. He goes yet further, and shows that there is somewhat to be reform 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 jealousy he hath, lest that design might breed some trouble. But when this is done (saith he) it will be then full time, when all things shall be 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 Catholic 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 be slighted of devout Catholics concerning this point. And if so be that his Holiness opinion be demanded herein, he could without much entreaty inform what hath been 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 we cannot at this present se● down, because we have not the Acts by us. And it is far from our intention to speak any thing without proof. We may here add the consultation which was made when the Council was talked of at the commandment of Pope Paul the third 1538, Extat hae● consultatio in to. 3. Concil. pag. 819. in Coloniensi edict. facta 1551. Item apud Sleidan. Et ejus capita quae dam ●eferuntur ab Espensaeo in co●●en●. in epist. ad Titu●. pag. 71: by the Cardinals and other ecclesiastics, 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 expressly, 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 unto him. And on the other side they set down this maxim, That it is not lawful for the Pope to take any thing for the use of the power of the Keys, which Christ hath committed unto him; seeing Christ hath commanded, Freely ye have received, freely give. They set down many other heads of reformation like these, which were never provided for. As for example, the abuses committed at Rome in the granting of benefices and Ecclesiastical dignities, by dispensations, indulgences, exemptions, reversions, commendams, etc. which are all derogatory to the Cano●s of the Church. And yet these deputies composed these Articles of reformation, after the Pope had charged them by oath to tell him the truth upon pain of excommunication, as they themselves testify in the same Act. CHAP. II. General complaints touching the reformation of the Head. AFter the proposal of these demands, Reformation of the Head desired, but not obtained. I will now show you two things; First, that the Council never touched upon most of them, and therefore there was a plain denial of justice: Next, that they are no new demands, being they were made and repeated diverse times, in diverse ages, and by diverse men; to which we shall add the several complaints that have hereupon been made by many good men, for the most part of the Clergy. The very same demands were also for the most part made by the Protestants, and the rest that had relinquished their obedience to the Pope. But I will not speak a word of that; as I protest also that I will not use reasons of divinity to justify them, nor authority of Fathers, but very seldom. 2 The first and principal, and that upon which many others depend (which we shall only handle, not meddling with the rest) is the reformation of the Head, that is the Pope of Rome, which was required by the Emperor Sigismond, and that in terms very respective; hear his own words. First, that the supreme Bishop would be entreated to condescend that there might be some reformation in himself and the Court of Rome. Conformable whereunto was the King of France his demand, for he required in express terms that the abuses of the Court of Rome might be reform, with proffer of reforming those of his own kingdom; beside, his Ambassadors had an express Mandamus to adhere unto such as should desire any reformation. Pope Adrian the sixth had professed also that it was very necessary, in regard of the great abuses and corruptions of that See. The Deputies of Pope Paul the third make all the abuses and maladies in the Church to be derived from thence. Those enormities which were required to be reform, were the cause of all the schisms and divisions in those times; for thence grew the first original of complaining; that was it that caused this Council to be so desired and sought after. 3 Yet for all that the Fathers of that Council would never touch upon it so much as with the tip of their finger. This is plain from all the Acts and Decrees of it, as also from the oration which Pius the fourth made in the Consistory, upon the confirmation of the Decrees of that Council. We heartily thank the Fathers (saith he) that in matters concerning the correction of Ecclesiastical discipline, and reformation of manners, they had so much respect unto our authority, and were so moderate on our behalf, that if we ourselves would have been our own reformers in what concerns us, and not have left all to the Fathers we should have been more severe against ourselves. Adding afterwards: If the● Fathers for reasons best known to them, have omitted any thing, or been too timorous, we are ready to relieve their modesty, and supply the rest, as being left to our judgement. See here fair promises, but we yet expect the performance of them. We will here add by way of commentary, that which Claudius Espenseus a Sorbin Doctor, Claudius' Espensaeus in ep● ad Titum c. 1. digres. 2. p 74. & 75. and a witness above all exception hath written hereupon. 4 Wherefore (saith he) that Council so much desired by all men, interrupted for ten whole y●eres, at last obtained of Pius the fourth, resumed again at Trent, and there assembled the third time, The Author's protestation. although all was by the Pope referred to the Fathers, yet it s● forbore the purging of the Court of Rome, that even in all that it prescribed to inferiors, touching the reformation of manners and Ecclesiastical discipline, it protested that the authority of the See Apostolic stood safe and sound; in the 21. Canon of the ninth and last Session. In so much that the same Pius no less pious than sensible hereof, did heartily thank the Trent Fathers, in an Oration which he delivered publicly at Rome in his Consistory of Cardinals, who were there assembled in great numbers, that they had such a special regard of his authority, in the Ecclesiastical reformation, and had used him so gently, that if he should have undertaken to reform both himself and th●se about him, he should have been more severe. What remains, then but that he refuse not the authority of a reforming Council? and that he supply what the Fathers for certain reasons did o●●it? and that wherein they were over timorous, it being left to his discretion, as he promised to do in that Oration? For if it was as truly as freely spoken by Pope Adrian. that the corruption of manners now reigning is derived from the head to the body of the Church, Ezek 9.1. Pet. 4. it is requisite that his successor Pius s●●●e his Sanctuary, and begin at his own house. He sees well enough to what plight the Church of the holy Apostles, yea the whole Church of Christ is brought by the base gain and filthy avarice of some of his predecessors; who sought that which was their own and not that which was Christ's: how many men are gone away from it within these few years, in so much that it is to be feared there will more go yet, if he do not now at last apply some remedy, after much delay of salving those sores wherewith the Church is oppressed; which delay, the longer it is, the more chargeable it will be. The principal cause of these so long stirs, is, because for so many years nothing is altered, nothing amended: and that which cuts off all hope of reformation, is, that they would see a reformation in all the rest of the body of the Church, who have suffered for so many hundred years together that City wherein they have both mere and mixed power and jurisdiction to be the most deformed of all. For what excuse can they allege, or what can they invent either true or likely, they to whom neither King nor Emperor, people nor Clergy, not a General Council, no nor the whole Church must say so much as, Why do you so? What pretence, I say, can they have for delaying so long to reform them and theirs? For where shall we find under the Sun greater licentiousness in all evil, greater outcries, greater impunity, I had almost said infamy and impudence? Without doubt such and so great it is, that none will believe it but he that hath seen it; none will deny it, but they that have not seen it. 5 See you here what this excellent Devine speaks without any flattery; but let us go to them of more antiquity, and see how long it is since these complaints against the See of Rome begun first to be made. Idem Espens●●●● ibid. pag. 76. If we believe the same author, this complaint is pretty ancient, and it is a long time since this reformation hath been called for: for see you what he speaks of it in the sequel of the forecited passage: I will omit the complaint which hath ever been made thereof from age to age, even from St. ●eromes time. Vid Paul● & Eustochii Epist. ad Marcell●●● inter epist. Hie●ony●a. 6 Nor will we take our rise so high, but will insist upon these latter ages. But here first I protest I have no purpose to discover the shame of that supreme See, to expose her faults to derision and mockery, but only with intent to see them corrected and amended. As also I declare that I mean not to inquire into the personal vices of the Popes, for that would rather tend to calumny and injury, than the end which I purpose, but only the abuses of the Popedom, the maladies of the See, the usurpations and overbold attempts which have been derived to their successors; briefly, no more but such vices as are become hereditary. Which to compass we will begin with the general complaints that have been made in diverse ages, and thence descend to particulars, as from the bowl to the branches; speaking always by another man's mouth, unless it be when the connexion of places shall enforce us to contribute something of our own. The reigning false of the Popedom. 7 The Acts of the Council of Rheims holden under Hugh Capet the year 990. have these words: Acta Synodi Rhemensis. Poor Rome, what clear lights of fathers hast thou brought forth in the time of our predecessors? what horrible darkness hast thou poured out upon our times, which will redound to our shame and dishonour in future ages? Hildebert Archbishop of Tours, who lived about the year 1100. hath left us two pretty nipping verses against the Popes: Rome, to be masterless were well for thee, Or some to have not void of honesty, Saint Bernard, who lived under the Emperor Conrade, and Pope Euge●ius the fourth, cries out bitterly against the vices that were even then annexed to the Papacy: as against ambition, dominion, pomp and vanity, avarice, jurisdiction over temporal goods, against the abuses of dispensations, indulgences, appeals, exemptions, and such like wares; we will bring the places hereafter, and dispose every one in due order. That holy man is to be commen●ed for speaking so home of those abuses, and that even while he wrote to a Pope; for which cause he is applauded by every one, and with a certain emulation cited in honourable terms by all those that lived after him. 8 Marsilius of Milan, who writ above three hundred years ago in the time of the Emperor Ludovicus Bavarus, about the year 1320. hath spoken of the abuses of the Pope and the Court of Rome, both in gross and by retail: for in the 24. Chapter of the second part of his book entitled Defensor pacis, he saith, That the body of the whole Church hath been infected by that plenitude of power which is allowed unto the Pope; and he adds afterwards, Let the faithful cast their eyes that way, those who have visited the Church of Rome (which I might more truly call a shop of traffic, an horrible den of thiefs) shall plainly see, and those who were never the●e shall learn by the report of an infinite number of men of credit that it is become the receptacle of all rogues and rascals, of truckers for all wares both spiritual and temporal; for what is it else but a haven for Simoniacal persons, who repair thither from all quarters? what else but a noise of Lawyers, an assault of detractors, a v●xation of honest men? the justice of the innocent is there in hazard, or else is so long deferred (unless it be redeemed with money) that being at length quite exhausted, and wearied by infinite troubles, they are enforced to give over their just causes full of commiseration. For there the laws of men do ring again, but God's laws are either quite dumb, or at least very rarely understood. There is nothing but plots and projects how to seize upon Christian countries, to win them by force of arms, and wrest them out of the hands of such to whom they do of right appertain. No further care, no consultation ever about the conquering of souls. Besides, no order dwells there, but a perpetual horror. 9 In the eleventh Chapter of the same Book, he makes along discourse of the robberies of the Popes and the Court of Rome: of their Simony, luxury, sensuality, vanity, desire of domineering, and of invading Lordships and Principalities; and in an infinite company of places he shows the injust power which the Popes arrogate unto themselves over matters both spiritual and temporal, and the means they used to usurp it, some passages whereof we shall elsewhere relate. This great divine was not moved to write these things by any hatred or discontent towards the Popes, but only by a just obligation to defend the Emperor Ludovicus Bavarus, who was injustly excommunicate. 10 A little before this divine put forth that Book, to wit, in the year 1310, William Durant Bishop of Menda in Languedoc, Reformation of the Pope required in the 12 and 13 age. being summoned by Clement the fifth, to the general Council at Vienna, to come and see what was fitting to be reform in the Church, made a book De Conciliis, towards the beginning whereof he saith, It seems to be a thing considerable, that it is most expedient & necessary, that before any thing else we should proceed to the correction and reformation of such things as aught to be corrected and reform in the Church of God, as well in the head as in the members. And in the first Chapter of the third Book; Certes as concerning the reformation of the Catholic Church to bring it about profitably with perseverance and effectually, it seems expedient that it begin at the head; that is, at the holy Church of Rome, which is the head of all others. Then he sets down in particular such things as stood in need of reformation, representing a good many abuses of the See of Rome that deserved to be corrected. But for all his learned discourse, there was nothing done about them in that Council, witness the Bishop of Panormo in his advice touching the Council of Basil. Panormit. de Concilio Basil. This decree concerneth the estate general of the Church, and the matters belong to a general reformation, which may be hindered by a dissolution, as it was by the dissolution of the Council of Vienna. 11 Nicholas of Pibrac, who lived about the year 1290, tells strange stories both of the Pope and his Court, in his book called Occultus, which I will not here insert. And he afterwards adds, Dites au Pape je vous prie Que sous couleur de pieté L' eglise abonde en Simony; Et y a multiplicité De maux: que s'ils sont de duree Nuiront à cette foy doree Eclipseront la pureté. Tell the Pope, I pray, from me, That under colour of piety, The Church abounds in Simony; And such a many faults there be, That if not mended presently, They will eclipse the purity Of faith, that shines so gloriously. 12 Francis Petrarch who lived about the year 1370, under the Emperor Charles the fourth, and Pope Gregory the 11 reproving also an infinite number of abuses; speaking of Rome under the name of Babylon, and of his departure from thence, in the 92 Sonnet he saith, De l' empia Babilonia; ond' è fuggita Ogni vergogna, ond' ogni bene è fuori; Albergo di dolour, madre d' errori, Son fuggit' io per allungar la vita. From wicked Babylon from whence is fled All modesty, all goodness banished, Harbour of grief, mother of errors rife, I fled, in hopes so to prolong my life. In his 20 Epistle he styles it, The nest of treasons, wherein the venom of all the world is hatched and brought up. 13 Francis Zabarel Cardinal of Florence, who lived about 1400, Reformation of the Pope ●equi●ed in the 14 century. in a tract which he writ of the Schism a little after the first Pisan Council, speaks thus concerning the reformation of the Head, which (as he saith) must be done in a Council. These laws are observable; Francis●us Zabarella in tracts de schismate pontificio. insomuch that they were not well considered of by diverse flatterers that would often heretofore humour the Popes, and who still persuaded them they might do what they list; yea, even that which is not lawful, and in that respect more than God himself. For hence have ensued an infinite company of errors, insomuch that the Popes have usurped all the right of inferior Churches, so that other Prelates are but cyphers; and if God do not provide for the state of the Catholic Church, it is like to go to wrack: But by the grace of God there is some hope of reformation, if the Council which is appointed in the Church do indeed meet, as it is reported it shall. In which assembly order must be taken, not only for the present schism, but for the future also; and the power of the Pope must be so moderated, that inferior powers be not overthrown; and that from henceforth the Pope may not do what he will, but what is lawful. 14 At the Council of Constance there were articles put up by diverse Natitions about the point of reformation, Co●cil. Con●stant. Sess. 40. wherein it was demanded amongst other things, That there might be a reformation of the head and Court of Rome. Whereupon was enacted this good decree; That the Pope whom they should create, together with the Council; or such as should be deputed by every nation, should proceed to the reformation of the head, the members, and the Court of Rome, according to equity and the good government of the Church, before the breaking up of the Council. But Pope Martin the fif●h, being elected by them, did ease them of that trouble, Martino●. putting off the reformation till another time, to the great regret of many, seeing it is ever to begin anew. 15 The Cardinal of Cambray, who lived about 1414, Petrus de Atliaco in tract. de reform. Eccles. c. 1. and was at the Council of Constance, in a certain Treatise of his, Of the reformation of the Church, after he hath showed the good that comes of the celebration and frequency of general Counsels, he adds● The second consideration is of such things as aught to be reform in the Head of the Church; that is, concerning the state of the Pope and his Court of Rome. Idem cap. 2. And he afterwards speaks, of the abuses of exactions, excommunications, the multitude of Canons and decretals, presentations to benefices, elections to dignities, granting of exemptions, and many such like excesses, which (saith he) it would be too long to relate, which he desires may be reform. 16 Mr. john Gerson Chancellor of Paris, who was also at the Council of Constance, in a Sermon made by him upon the voyage of the Emperor, joannes Gerson in sermone pro viagio Regis Romani. in 2. directione. saith, It is expedient to do so now before the election of the Pope, in many things which concern the state general of the Church, which the Pope's abuse by too much using the plenitude of their power: as in this that they will never keep any general Counsels, nor suffer inferior Prelates to enjoy their ordinary rights; wherein they have manifestly erred without any manifest reason or convenience; sometimes disannulling the decrees of general Counsels, sometimes altering them, sometimes expounding them at their pleasure; sometimes granting privileges and exemptions. 17 Nicholas de Clemangiis, Nicolaus de Clemangiis in lib. de ruin. & reparat. Eccles. one of the most learned and eloquent divines of his time, who was contemporary with Mr. Gerson, speaks also very bitterly against the See of Rome in diverse tracts, but especially in his book De ruina & reparatione Ecclesiae. I shall set down some passages in general terms: First (saith he) let us speak of the Head, upon whom all the rest depends. He afterwards adds, For the supreme Bishops (that I may come to them in the last place) who by how much they see themselves ranked above others in greatness and authority, 〈…〉 of the Cour● of R●me. by so much they labour the more to overthrew them, out of a domineering humour for the enlarging of their primacy and supreme power, considering that the commodities of the Bishoprique of Rome, and S. Peter's patrimony which is very large and above any Kingdom, (though it have been sufficiently curtalled by their negligence) can no way suffice to maintain the greatness of their state, which they have purposed to raise high enough above all the Emperors and Kings in the world, have cast themselves into those others flocks that abound in breeding, in wool, and in milk. He afterwards specifies the looseness, luxury, vanities, worldliness, rapines, vexations, usurpations, oppressions, and other such like vices and abuses of the Popes and their Court. In another book of his, entitled, Clemangius in lib. de lapsu et repar. just. pag. 10. De lapsu & reparatione justitiae; he shows that the Court of Rome hath infected France by coming there, specifying all the vices and blemishes which are communicated unto it, and those no small company. 18 Lastly (saith he) there was a time when the Apostolic Bishop being vexed with the tyranny of the Italians, made choice of France for his seat, and for all t●e Court or Rome, supposing he could not ●inde assured refuge elsewhere: to whom I could wish the strength of France had never proved a staff of a reed, as it was a long time before foretold that it should● what was it else that brought France upon the sudden into these miseries, making her fall away from that eminent glory which made her flourish above all other nations, but that, degenerating from those ancient virtues which adorned her with such an excellency of honour, she is changed from valour to cowardice, from diligence to sloth, from honesty to ignominy, from gravity and constancy to a wanton lightness, from temperance to luxury, from courage to presumption, from liberality to covetousness and unrestrained spoiling, from thrift to prodigality, from trust to treachery, from piety to impiety, from order to confusion, from a solid glory to pride and vanity, from zeal of the public good, to private gains, from correction and discipline to a general impunity and licence of all wickedness and misdemeanours? and, to sum up all in a word which is proper for our present subject, from justice to injustice and all iniquity? 19 The author of the book entitled De Hierarchia subcoelesti, De hierarch●a sub●●lesti lib 14 cap. 7. who lived about the same time, under Charles the fifth and sixth, hath made us also an inventary of the abuses, deformities, and debauchments of the Court of Rome, which (as he saith) crept into it for the most part after Clement the fifth. Celestine the fifth (as the story goes) seeing the state of the Court of Rome even then disorderly and corrupted, retired himself of his own accord, and renounced the Popedom: and although it be said that he was cheated by Boniface the eighth his successor (of whom it is said that he entered like a Fox, and reigned like a Lion) yet the same Celestine was moved so to do, rather out of a desire of avoiding pomp, and enjoying the embraces of his Rachel. Benet, who was of the order of the Pre●icants, succeeded Boniface, who having made peace with the King of France, with whom his predecessors were at odds, he undertook to reform the Church, but he could not go through with it, being he lived not a whole year. After him there was a Pope chosen by the name of Clement the fifth, a Archbishop of Bourdeaux in France, under whom all the Canons, the Customs Ecclesiastical, and other virtues did utterly perish, their gallantry was increased, Simony flourished, avarice sprung up, pride and pleasure waxed hot, they gave themselves up to the delicacies of the palate; a puddle of luxuries did overflow all, and was poured down upon the Clergy. Was not all the Church afterwards made tributary? Consider the pecuniary tithes, the slaughter-houses, the procurations in absence, the injust reservations of all dignities, The ●efo●m●tion of the Pope ever desired, never effected. the bestowing of benefices put all into one man's hand, the exemptions which are as it were the maims of all the members of the Church, the plenary indulgence of all sins granted to rich men. Consider also the presenting of insufficient men to Bishopriques, and the commutation of all offences into pecuniary mulcts. 20 john Duke of Bourges in an Epistle which he sent to Pope Innocent the seventh, amongst other things tells him, Epistola joannis quondam Regis Francorum filti B●turigum Ducis ad Innocentium 7. supper ●a●lo unionis Ec. les● habetur in libro de hierarchia Subcoelesti. That in Peter's case the Sun of righteousness was wont to rise, and the fruitful earth brought forth fruit of the purity of the divine seed a hundred fold: that there the authority of the Fathers remained entire and incorrupted, whereas now we see a head faint, a heart sick, and scarce ought sound from the sole of the foot to the top of the head. And he had said before, That ambition the fountain of other vices, is now growing in the Church of Rome, and that it spreads abroad monstrous and abominable vices over all the earth, like branches of a green stock. 21 Afterwards the Council of Basil was called; many good decrees were there made: there the Popes, who had now reered their power too high, were brought under the yoke of a Council; there their enterprises were reprehended, their power bounded and regulated. Hark what Silvius saith: How that decree was necessary to curb the ambition of the Popes of Rome, AEnaas Sylvi●us de Concilio Bas. lib. 1. in fine. who thrusting up themselves above the Catholic Church, thought it was lawful for them to do what they list, and a little to divert the thoughts of the Popes from the care of temporal matters, considering that they never thought of spiritual. But when all came to all, this was to no purpose: for the Popes hold that Council to be apocryphal, yea heretical; they condemned it in the Lateran, for as much as concerns them; so that we are to begin again. Whereupon it was expedient to call yet for a reformation of the Head. Besides what we have elsewhere spoken of the Council of Basil, we will here set down the testimony of Gregory Haymbourg a Germane Lawyer, who lived at that time. Gregorius Haymburg. in tract. de refut. primatus petri. The Council of Basil endeavouring to abolish and reform that, and desiring to reduce the present Vicar of Christ to some form which come near the life of Christ, hath been letted hither towards; forin the prosecution of that reformation which w●● begun, so soon as it touched upon the Court of Rome, there was such a storm raised against it, that the ship of Peter seems buried in the waves, where it swims, being it cannot sink. 22 Nicholas Cusan Cardinal of St. Peter ad vincula, who writ not long after the Council of Basil, in his books De Concordia Catholica, saith, The power of the Bishop of Rome ought to be handled in the first place, Cus●nus lib. 2. Cap. 27. because (as Gregory saith) in a Council where they meddle with reformation, they must begin at the head. And afterwards he saith, That when the head is sick all the members are sensible of it, and that the health of inferiors depends upon the soundness of those that are set over them; and that there cannot be a greater enormity than when he who thinks every thing lawful for him in regard of his uncontrolled power, invades the right of those that are under him. 23 james de Paradise, of Chartres, who writ also a little after the Council of Basil, in his book De septem statibus Ecclesiae, saith: Seeing than we hold it possible to proceed to a reformation as well of the head as the members, by such as have authority and presidency both spiritual and temporal, jacobus de Paradiso in libro de septem stat. Eccles. it must be either by one man or more. That it should be by one man, is against all reason, how eminent soever he be for his virtues, his knowledge, his worth, although he be renowned for his miracles, nay in my opinion not by the Pope himself alone. For there are so many Canons, Decretal, and Constitutions made by ●hem already, as are good for nought but filling up parchment to no purpose, without working any reformation. Besides, seeing it is evident, ●ay palpable, that hi● own Court stands in great need of reformation, a● hath been well known by the common cries of the last General Counc●●●●; which Court of hi● if he either cannot or will not reform, 〈…〉 P●pe 〈◊〉, b●t not 〈…〉. which he covers under his wing, how is it credible that he should ●eforme the Church which is of so large an extent? Besides, it may be objected to him● Apply the salve to your own sores first as being the head; for when that is cured, you may with less difficulty cure the members; wherefore Physician heal thyself. You must first take the beam out of your own eye, and then you may take the mo●e out of your brother's eye, else you will do no good by an inverted order. unsavory salt is not good for seasoning. Wherefore by the just judgement of God his decrees are scarce well received yet, nor ever will be till he have reform himself and his dependants. And in good deed I think the chief cause of the deformation of the Church is the wound in the Head, which hath need to be cured first and foremost. 24 And anon after, Wherefore it seemeth to me an incredible thing that the Catholic Church should be reform, unless first the Court of Rome be so; but as the world goes now, we may see how hard a thing that is. And anon after. Those which have the presidency in Counsels on the Pope's behalf, when they see that matters in the Council make against their masters and them, what can be expected from them, but that they will withstand the decrees of such Counsels with might and main, either by dissolving them, or sowing dissensions in them, and so the thing shall remain unperfected, and we be driven to return to the old wilderness of error and ignorance? Every body knows this to be most true, unless it be some one haply who is not experienced in times past. The tragedy which was acted in our age at the Council of Basil doth sufficiently prove it, as they knew well who have laid down the story before our eyes. 25 Felix Hemmertin who lived at the same time, a great zealot of the Popes, so far that he rails upon the Counsels of Constance and Basil; yet he thus speaks of them. Felix Hemmer●in Cantor Tubi●ensis in tract. de libertate Ec●lesiastica. I protest I will open my mouth to speak in parables, and will at first set down such propositions as are things which we have seen and known, and which our forefathers have declared unto us, and which have not been concealed by their children in another generation. Truly by reading turning, searching, perusing, and examining all the histories, and all those that have been versed in them, we find that since the time of the Prince of the Apostles, through all his successors one after another, following herein those that have writ exactly of the acts and affairs of the Bishops of Rome until this present, we never saw, heard, nor understood that greater and more notorious excesses were committed in point of avarice, ambition, oppression, cheating, cozening, naughtiness, cruelty and severity by way of state● and under colour of mildness, than is now adays committed by great and small that have any command in the house and Court of Rome. 26 james Piccolomini Cardinal of Papia, who lived in the time of Pius the second, hath inserted amongst his epistles a letter which a friend of his writ to him from Rome in this manner. johannes Pe●ru● Arrinab. in epist. ad jacobum Piccolomini Cardinalem Papiensem pag. 75. Ipse provocator ●ell● non lacessitus suit. Would you know what is done in the City? nothing but as it used to be, nothing but coursing, canvasing, and plotting; the saying of the Philosopher is verified, the Court is a place ordained for deceiving and being deceived mutually; the Counsel seldom sits; the Pope is mightily troubled with cares, that is, with the care of that war which he had voluntarily undertaken, as the same Epistle tells us, lest any should think that it was the zeal of thy house hath eaten me up. 27 In the dialogue entitled Aureum speculum Papae, made about two hundred years ago, we find this exclamation. Good God, with what danger i● the ship of St. Peter tossed! the preaching of Paul is despised; the doctrine of our Saviour neglected; and in the Court of the Church of Rome (which is the head of all other Churches) there is no soundness from the sole of the foot to the crown of the head. Theodorick of Nihem who was the Pope's Secretary, Theodoricus à Nihem de ●schism. l. 2. ●ap ult. Clemangius de ●●ina & re●●●. ●cal●s. said as much in the end of his second book of schism, which he writ in the year 1410. In effect there is no soundness in the Catholic Church even from the head to the sole of the foot. As also Nichola● Cl●mangiu● in his book Of the ruin and reparation of the Church. The saying of the Prophet is true, Simony practised at Rome. from the sole of the foot unto the crown of the head there is no soundness in it. 28 Baptista Mantuan a great Devine in his time, Espensaeus in epist. ad Titum. cap. 1. digress. 2. à pag. 76. ad 8●. a Friar of the order of St. Mary of Mount Carmel, an Italian borne, who lived about 1490. hath spoken much of this subject: Espensaeus the Devine hath stuffed ten or eleven pages with his verses, which talk of nothing more than the vices, abuses, and abominations of the Popes and their Court of Rome. I will forbear to recite them, contenting myself to refer the curious reader either to the author himself, or to him that there quotes them. 29 Mr. john le Maire one of our French Historians, who writ his book of Schism about the year 1500, gives us to understand that they were about this reformation in his time, without which the former Counsels were to no purpose, showing withal how necessary a thing it is. Every good Christian (saith he) ought to pray God that the two last Counsels of the Gallicane Church may engender one great universal and general Council of all the Latin Church, to reform that Church as well in the head as the members, so as those General Counsels use to do. And that if it be not kept at Lions it may be kept in some other place most expedient and necessary for the public good: which may be very well done at this present, considering the great peace, amity and union which is betwixt the two greatest Potentates in Christendom, the Emperor and the King, together with their third confederate in the league, the Catholic King Ferdinand of Arragon, who ought altogether to be inclined to reform the abuses of the Church of Rome: which reformation must of necessity be made. 30 The second Council of Pisa was holden in the year, 1512, where they consulted about many good rules against the Pope: But julius the second played them a trick● calling the Council of Lateran, which made that of Pisa to cease, and disannulled all the decrees thereof; so that we are yet complaining against the Court of Rome. Now that it was necessary at that time to proceed to the reformation of the Head, we perceive well enough by the testimony of Mantuan and john le Maire: as also it is evident from the Acts of that Council of Pisa, as we have said in the fourth Chapter of the first book. This very necessity continued till the Council of Trent; so much we learned from Pope Adrian the sixth, and the relation of the delegates of Paul the third for matter of reformation: As also it is confirmed by Langius a Germane Monk in the Chronicle which he writ in the year 1520. For see here the description of a few abuses of Rome under Leo the tenth. Paulus Langiu● Monachus Bozawiensis in Chronico Cit●zensi sub ann. 1113. The desire of money makes all things saleable at Rome; Simony is tolerated for gold; pluralities of prebends are granted in great number; all benefices and dignities of what condition soever are reserved for the Cardinals, Protonotaries, and Pope's minions; graces and resignations are granted without any stint; annates, or half of fruits are exacted without delay: yea, not only those annates that were granted by Princes for three years in the time of Pope Calixt the third are yet in force, but are enhansed daily; pressing and oppressing more grievously than ●ver. And if the Princes do not take an order with it, all the gold and silver raked and squeazed out of Germany, will be carried to Rome at time and time, as into an hole sack and an insatiate gulf: the dismembering of monasteries, and chopping of Churches are allowed against all right and reason: the government and administration of Churches are not bestowed on those that deserve best● but those that bid most: the elections made by Bishops are commonly rejected, and devolved to them of Rome: great store of money is exacted and extorted for the purchase of Bishop's pals, to the detriment of the Churches. At last he makes this Epilogue. By reason of the foresaid grievances. and such like as proceed from the Court of Rome, there grows nothing but ruins, destructions and miseries over all Christ●ndome. Conclude we then, The Pope's care o● temporals, neglect of spi●ituals. that there was good reason why the Emperor, the King of France, and the States of Germany demanded this reformation of the Head and Court of Rome, and no reason why it was denied. This is not all; we must now see in particular where in this reformation consists, at least for the main heads of it, and show in particular the abuses that are to be corrected, and the plaints that were put up against them. CHAP. III. Of the Popes too great care about temporal means, and of their greediness in getting them. 1 THe first thing that ought to be reform in the Church of Rome, is the overgreat care which the Popes take of temporal things nowadays; and the trick they have got of raking up goods, revenues, and riches together; of setting their hearts wholly upon them with an ardent and inordinate desire; yea, so far as they forget spiritual matters and set light by them. AEneas Silvius, AEn●as Silvius lib. 2. the Concil. Basil. who was afterwards Pope Pius the second, makes the precedent of the Council of Basil speak in this manner. This decree was necessary to divert the minds of the Popes a little from the care of temporal things, seeing they never thought of spiritual. He speaks of that decree whereby the Pope's power was abated, and made subject to the power of a Council. But they knew well enough how to take order with it afterwards, by means of the Counsels of Lateran and Trent, who have given them the upper hand, and shamefully sold the liberty of the Church. 2 Cardinal Cusan speaks of this matter more at large: The Pope (saith he) hath hooked unto himself so much money by investitures, Nicolaus Cusanus lib. 3. de Concord. Cathol c. 29. that they complain generally in Germany, not that they are overcharged, but that they are quite broke and utterly undone: there is a raging appetite after the temporal means annexed to Churches, which possesseth the hearts of our ambitious Bishops now adays; so as we see them commit that openly after their promotion, which they laboured for underhand before. All the care is of the temporal, none of the spiritual. That was not the meaning of the Emperors; they never intended that the spirituals should be swallowed up by the temporals, which were bestowed on Churches for their augmentation. And presently after; The Court engrosseth unto itself all the best and the fattest; and that which the Empire hath set apart and ordained only for the service of God and the public good, by pretended reasons and new inventions is diverted another way, since lust and avarice have so seized upon it, that what was Imperial is now made Papal, and the spiritual temporal. Theodoricus à Nihem l. 3. the schism. c. 10. 3 Theodorie of Nihem, in his third book De Schismate; speaking of the large revenues which the Emperors had bestowed upon the Popes, saith, What comes there of all this pomp, of so much temporal means, wherein the Church of Rome prides herself in these times, but a neglect of spiritual matters, a setting up of tyrants over them, a many divisions and schisms in that Church, and many other maladies? This is well enough known. 4 Mr. john Gerson in his book De Ecclesiastica Potestate, after he hath spoken of diverse abuses of the Popes, he adds, Romish Simony. What shall we think is to be said of an infinite number of such like things that are done, casting aside all care and regard of all spiritual and divine matters which concern the Christian faith and religion? 5 It is a wonder to think whither the ardent desire of getting hath transported them: They have not spared God's service, and all that depends upon it to attain their ends, to become rich, and make themselves great Lords: They have spared neither Croisadas, excommunications, nor any thing that is most holy and sacred, which they have not made stales to their avarice, luxury, and ambition, not without treason against the Divine Majesty. We speak too much hereof of ourselves, although we do not say all: let us give place to our witnesses to speak, who we desire may believed, and not our bare word. In the first place let us produce those that testify the setting to sale of spiritual and holy things, which is practised at Rome. We will marshal the Popes own domestics in the front. Vid additionem ad glos. in cap● fundamenta. in verbo gens Sancta de elect. in 6. See what is said to this purpose in an addition to the Canon Law, taken out of johannes Andraeas, and inserted in the gloss. The same john the Monk said, that Rome being founded by robbers, doth yet retain her first original, being called Roma quasi rodens manûs, because she corrodes the hands; and he added that verse, Roma, manus rodit, Quos rodere non valet odit. The hands Rome grates, Or if not so, she hates. The elegance of the French complies with the Latin. Fontanus in addit margin● add gloss. Vid. Accurs. in l. Libertas D. de regulis juris. james Fontanus puts this other in the margin borrowed from the glossator of the Civil Law, Rome is the fountain head of avarice, And therefore all things there are at a price. Gregory the thirteenth hath expunged all these additions in his new purgation of the Canon Law. It were fitting that covetousness were blotted out of their hearts, not their books. Avery of Rosate, an ancient commentatour of the Law, Alberius in Lexico. in verb● Roma. mentions the forecited verse, and puts this other to it, Dantes custodit, Non dantes spernit & odit. The givers it protects, The rest hates and neglects. 5 AEnaeas Silvius before he was Pope, writ to a brother to his, AEneas Silvius epist. 66. There is not any thing which the Court of Rome bestows without money; even the imposition of hands, and the gifts of the Holy Ghost are set to sale there; no remission of sins but to such as have money. Pope Honorius the third, in his letters to the Clergy of England, Matth. Paris. in Henric. 3. pag. 316. Matth. Westmonast. l. 2. sub ann. 1226. pag. 119. doth freely confess the villainy of his Court, but to a pretty purpose I trow; mark what the English Monks say of it, And though the Pope's Nuncio did publicly rehearse before them all the letters wherein the same Pope did allege the scandal and old reproach of the holy Church of Rome; to wit, the imputation of covetousness, which is the root of all evil. And mainly in this, that no man could dispatch any business at Rome, without chaffering and disbursing large sums of money, and giving of bribes. Co●ruptions in the Court of Rom●. But in as much as the poverty of Rome (said he) is the ground of this scandal and infamy, the natural children ought to relieve the poverty of their mother. Wherefore (said he) for the utter rooting out of this scandal, we require that two prebends be allowed us out of all Churches and Abbeys, and the means of one Monk out of every Covent. But the English perceiving the fallacy to be too gross, made a mock of that demand. Albertus Argentin. in Chro. in joan. 22. sub anno 1334. 7 We must here relate a dream which a certain Bishop had of the Election of Benedict the 12, and what he said unto him. He dreamt that some body appeared to him upon the night, and said, Thou seekest the Pope; He is not. And returning again a little after said, Wouldst thou see the Pope? This is he; showing him a big man whom he knew not; but being arrived at Avignon, where the See then was, just upon the point when they were going to the election of a Pope after the death of john the 22. Having found that Cardinal Blank was the man which was showed unto him, he sought him out, saying unto him, Father, you shall be Pope: And having rehearsed his dream unto him, he added, He that showed me your visage, carried me into a most filthy stable, full of dirt and dung, where I saw a coffer of most white marble quite empty; you are that coffer, which you must fill with virtue in executing this charge. O you shepherd and stable-groome, cleanse the Court and See Apostolic, which is now nought else but a filthy nasty stable of villainy, covetousness, and Simony. jason in l. qui Roma. §. Scia. n●. 16. D. ver. obligat. Ludovicus Comes in Regal. Cancel de valo. exprim● in praesat. pag. 451.6 Felinus in cap. 2. colum. 8. De rescrip. joannes Andreaes' Gr. p. 232. Petrus de Ferra●i●●. 8 One of our Law-commentators saith, The Emperor like the Eagle leaves his prey, & does not as one insatiable● set his teeth to every kind of meat: but it is otherwise with the pope, who like the universe contains all things. An officer of the court of Rome, after he hath spoken of several taxes of the Chancery, saith, By these upstart and unusual exactions, is verified the saying of Alphonsus King ●f Arragon recorded by Antonius Panormitanus in his book of the Apothegms of Alphonsus; to wit, that the Harpies do not live now in the Isles, but have shifted their habitation and reside in the Court of Rome. So true they found it, that one of our greatest Canonists cities the very same. Another Canonist geeringly says, The Pope is very liberal that takes a great deal of gold for a little piece of lead. But he hit it more fitly that said, The Pope in this had found out the Philosopher's stone. One of our ancient practitioners makes this prayer, That some good Emperor would stand up against those that destroyed the world anciently by their devotion, but now by their covetousness and rapine; who have ruined the state of the Empire, and all Lay men. And in another passage, speaking of charges, Idem Ferrar. in ●orm. libel. qua uxor agit ad dotem. in verbo, matrimonium pag. 168. The Pope (saith he) hath reserved them both in this case, and many of this nature, to fill his own purse, and his insatiate Court. And again he saith, That the ground of all avarice and ambition is in the Court of Rome, and that the Romanists do many things against God and his laws, to their eternal disgrace, and everlasting loss of their souls. Matth West monast. l. 2. sub anno 1181. pag. 56. 9 An English Monk saith, that in the year 1181. under Alexander the 3. Prester john King of the Indies (for so he calls him) was aminded to serve the Church of Rome; Of which great design there had been a happy issue, if the same, or rather the infamy of the Roman avarice had not defiled the whole world through all parts of the earth, which made his devotion to grow somewhat cold. V●. Paulum Langium in Chron. Citizen. si sub ann. 1404 pag. 878. Theodoric Vric a Divine of the order of the Austin Monks, in his first book De consolation Ecclesiae, which he dedicated to the Emperor Sigismond, affords us also this testimony. Papa stupor mundi cecidit: secúmque ruêre Calica templa Dei, membra simúlque caput. Papa dolour, mundique pudor, per crebra patescit Crimina seu scelera famine sonifero. Heu, Simon regnat! per munera quaeque reguntur; judiciumque pium gaza nefanda ●etat. Corruptions of the Court of Rome. Curia Papalis fovet omnia scandala mundi, Delubra sacra facit perfiditate forum. Ordo sacer, baptisma sacrum, cum chrismate sancto Venduntur turpi conditione fori. Dives honoratur, pauper contemnitur, atque Qui dare plura valet munera, gratus erit. Aurea quae quondam fuit, hi●c argentea, Papae Curia procedit deteriore modo. Ferrea dehinc factâ durâ cervice quievit Tempore non modico, sed modò facta i●tum. Postque lutum quid deterius soletesse? recordor Stercu●, & in tali Curia tota s●det. Down goes the Pope, the wonderment of all, With him God's Church, the head and members fall. The Pope, the worlds both grief and shame, is known By's many crimes, which now are famous grown. Now who but Simon? bribes are all in all, And wicked pelf just judgement doth forestall. The Popish Court doth foster all disgrace, And turns the Church into a market place. Chrism, Orders, Baptism (all which holy are) Are basely sold as at a peddling fair. The rich is honoured, and the poor neglected; He that can give most shall be best respected. The Court of Rome, which was of gold before Then turned to silver, of a base ore; Next, stiffnecked she, not only for a flirt, Grew into iron, now is turned to dirt. And after dirt what worse? yet now I think on't, What but? Sir reverence, all the Court doth— on't. [All this which the author delivers in a hobbling verse, Petrar●● in ep. Du Ranchin translated word for word, to keep the closer (as he saith) to the sense. But we have expressed it as you see.] 10 Petrarch in an Epistle of his saith, That the grim porter is appeased with gold; that heaven is opened with gold, and Christ himself sold for money. Espensae●● in comment. in epi ad Titum. cap. 1. pag. 76.78. Learned Espensaeus complaining of the connivance of the Fathers in this Council, cities diverse verses out of Mantuan, wherein the vices of the Court of Rome are represented, wherewith he hath filled diverse pages; but not to swell this Treatise too big, I shall content myself to set down here only this little fragment of his discourse. Whose distich is this I pray you? (saith he:) Vivere qui cupitis sanctè, discedite Roma. Omnia cum liceant non licet esse bonum. He that would holy be from Rome must ●ye, All things are lawful there but honesty. Surely it is not only a Poets, but a Philosophers, yea a Divines, yea a Monks, and that an Italians, namely Mantuans: the very same is urged also by Clenard the Divine, professor of Hebrew at Louvain, Clen●rd●● in epist. at Paris, in Portugal: yea more, this man who was nothing less that a Lutheran, hath ventured to express the same in this other distich. Popisa exactious. Quisquis opes sacras nummo reperire profano Quaerit, ●at Romam, sacra sunt vaenalia Romae. He that would purchase sacred wealth with gold, Get him to Rome, there sacred things are sold. He cities these verses also out of the same Author. — Vaenalia nobis Templa, sacerdotes, altaria, sacra, coronae, Ignes, thura, preces, coelum est vaenale, Deusque. We sell the temples, altars, priests, and all, Incense and fires, which we most sacred call, Crowns, vows, and zealous prayers, we spare them not, Heaven with his lights, and God himself to boot. The same Doctor adds, Mantuan lib. 3. the calamit. temporum. O that our holy Father Pope Pius the 5. would understand thus much, and at my request now at last take notice of it. I know not whether his immediate predecessor Sixtus the fourth ever heard of it, but I am sure he took no order for it. All this was spoken and published since the Council of Trent, and therefore so much the more remarkable. CHAP. IU. Of the means which the Popes used to enrich themselves by, and first of Taxes. 1 NOw they served themselves of diverse means and instruments to compass these riches. Claudius' Espensaeus in comment an epist. ad Tit. cap. 1● digress. 2. Doctor Espensaeus sets down a list of the many tricks and devices of the Court and Chancery of Rome, invented merely for catching of money; where he puts in among the rest expectative graces, or reversions; howbeit this was after the Council: knowing very well that the reformation made in that regard did not bind the Pope. Now (saith he) to omit Annates, under what colour or pretence soever they be demanded, which were condemned as Simony in the 21. Session of the Council of Basil, what shift can we use to excuse from dishonest and filthy lucre those things which they call graces expectative, secret reservations, bestowing of Benefices upon the first comer, uniting of many benefices to one Chapel, Prebend, or other Benefice; mandates, preventions, propinations, small or ordinary services, conditional resignations, detaining of all the revenue in lieu of pension, and a number of such like things which were not heard of for a long time in the Church, and which would be strange news to Peter and Paul, ● Pet. 2. if they should come into the world again. This is no more yet than what the latter of them foretold, that they should buy and sell us with feigned words, by reason of their covetousness, such and so excessive are these abuses, that not so much as their own glossers but speak against them. For the Commentator upon the rules of Innocent the eighth, ●eg. 8.47.66. sometimes styles the Chamber Apostolic the money-mother; sometimes with jugurtha in Sallust, he confesseth that all things are saleable at Rome; Exa●●ions for pa●dons and excommunications. sometimes he doth not conceal diverse things either appointed or granted for the getting in of money by hook or crook: according to what was observed by joannes Andrea's i● cap. Sedes. In Rescriptis. And his holiness great liberality in giving lead, and taking gold, which Mantuan speaks of, is publicly known even to children without any contradiction. Eclog. 5. &. 6. Si quid Roma dabit, nugas dabit, accipit aurum Verba dat: heu! Romae nunc sola pecunia regnat. Hoc est Roma viris, avibus quod noctua. If Rome give aught, 'tis nought: She takes your ware, And gives you words. Alas! there's none reigns there But Lady money now. And as the Owle's To other birds, so Rome to simple souls. 2 This learned divine hath spoken much of these things, yet withal he hath omitted more; as we shall also do, referring those that desire further information herein to the book entitled Taxa Cancellaria Apostolicae, printed at Paris by Toussaint Denis the year 1520. And yet this is nothing in comparison of the penitentiary tax, printed with the same book, where every sin, every crime, how heinous so ever, hath his price set; so that to have a licence and impunity for sinning, there needs no more but to be rich; to have a passport to Paradise● both for a man's self and his misdeeds. But (that which might make Rome blush if there were any shame in her brow) these pardons and indulgences are denied to the poor and indigent, who are not of means sufficient to raise these criminal and incestuous impositions. It was not enough to exclude them indeed, but they must specify so much in downright terms, for fear lest some body might presume of some favour or exemption herein. For in the second Tax marked B. under the title De rebus matrimonialibus, it is said, The dispensation for contracting within spiritual kindred. g. LX. The same judgement serves for the scond degree; for which the Datary must be compounded with, for some great sum, sometimes three hundred, sometimes six hundred, or otherwise according to the quality of the person. And mark it well, that such graces and dispensations as these, are never granted to poor men. 3 So that we live not in those days when it was more hard for a rich man to enter into the Kingdom of heaven, than for a † Camel. cable to go through the eye of a needle; for now the Kingdom of Heaven belongs to them, and not to those beggarly creatures that have nothing but a staff and a wallet. We might here allege many testimonies concerning this subject, to evince this abuse; but because it is too apparent, we will content ourselves with setting down the complaint which the same Espensaeus makes hereof, after the Council was done; that so every man may perceive that those abuses were not taken order with, but are now more frequent than ever they were. 4 There is a book publicly set to every man's view (saith he) which sells as well now as ever, entitled, Claudius' Espensaeus in comment. in epist. ad Titum cap. 1. digress 2. pag. 67. et seq. Taxa Cancellaria Apostolicae, which is prostitute and set out for gain, like a common whore; whence more naughtiness is learned, than from all the Summists and summaries of all vices. There is licence granted for many of them, and absolution for all; but only to such as will buy them. I forbear the names, for (as one says) they are very fearful even the sound of them. It is strange that in these times, in this schism, that index and inventary of so many unclean and abominable villainies, so infamous that I am confident there is not a more scandalous book in all Germany, Suitzerland, Exac●ions by dispensations and takes. or any other place, which hath separated from the Church of Rome, was not suppressed: Yea, it is so far from being suppressed by the Treasurers of the Church of Rome, that the licences and impunities, for those so many and such horrible crimes are renewed, and for the most part confirmed by the faculties of the Legates, which come from thence into these quarters, with power to restore to their former estate all things that were utterly lost, and so to legitimate all bastards, whoresons, and such as were begot by any unlawful conjunction, etc. to allow people marriage with such as they had formerly committied adultery with, to absolve such as were perjured, Simoniacal, falsifiers, robbers, usurers, schismatics, heretics recanting; Yea, and even to admit them to orders, honours, dignities, and all sorts of benefices; to dispense with casual, not wilful murderers; howbeit the forecited Tax doth not except wilful parricides, killers of father, mother, brother, sister, children, or wife: sorcerers, enchanters, concubin-keepers, adulterers, incestuous with parents or kindred, Sodomites, sinners against nature, abusers of themselves with beasts, etc. O that Rome would from henceforth have some shame, and cease to set out such a shameless catalogue of all manner of wickedness. Nicolaus de Clemangiis in tract. de praesulibus p. 66. 6. 5 We will here add the complaint of Clemangius the divine upon this subject: So the Church which Christ hath taken for his spouse, without wrinkle or blemish, disfigured by this horrible villainy, is now the shop of all pride, of all tradeing, of all filching and stealing, where the Sacraments are hung out for a show, all the orders, even the priesthood itself: where favours are sold for silver, dispensations for not preaching, licences for nonresidence: where all offices and benefices, yea, even sins are bought and sold● Lastly, where Masses and the administration of the Lords body are set to sale. Would any man have a Bishoprique? let him provide his money, and that no little sum, but a pretty great one for so great a Title; and let him not stand upon emptying his purse for the purchase of such a dignity, seeing he will quickly fill it again, and that more sound than he could do by many sorts of Merchandise. Doth any desire a prebend, a Provosts place, or some other dignity? it is no matter for knowing his deserts, his life and conversation; but so many crowns as he hath in his chest, such hopes may he conceive of compassing his desire. For what skill it to speak of poor folks, who are accounted unprofitable in all things, and unworthy of all government or charge; and who have no other hopes but to wax old and pine away in misery disrespected and despised. What should a poor man go to market for with an empty pouch, when he hath nothing to buy the wares with? L. Plebeiis. C. Theodos. De Episcop. Eccles. & cleric. 6 The case is finely altered; the Imperial laws exclude rich men out of Churches, and the Papal poor men. These last examples lead us to a third kind of Taxes, which is raised out of Bishopriques, and other benefices; in the catalogues hereof are set down what sums of money the Pope was wont to exact for first fruits, vacancies, or expedition● There were two of these printed among the rest, the one in Germany, containing the taxes of Archbishopriques, Bishopriques, Abbeys, Priories, and other benefices thoughout all Christendom: The other (which is particular to France, containing only the tax of the Bishopriques and benefices of this Kingdom) at Paris by Toussaint Denis 1517. Paulus Langius in Chronico Citizensi. sub ann. 1404. Platina in Boni●acio 9 Theodorius à Nihem de schism. l. 2. c. 7. The sums that came into the Pope's coffers by this means are inestimable: nothing like to this for the destruction of Kingdoms: and yet Princes are so bewitched as to suffer it. Boniface the 9 was the inventour, or at least the Promoter of it, after john the 22 had given a hint to it: for before this time the world knew not what it meant. So many writers do testify; amongst others Langius, Platina, and Theodorick of Nihem; the words of the last are very remarkable. 7 About the tenth year of his Popedom, Of Annates o● first-fruits. to go more cunningly to work in that matter, and palliate the Simony which he practised under some colour of necessity, he reserved to his exequeter one yeeros first-fruits of all the Cathederall Churches and Abbeys that were vacant; Ludovicus Comes in Regal. de valour exprim p. 451. et in prooemio. q. 1. in such sort, that whosoever would be preferred by him to any Archbishoprique, Bishoprique, or Abbey, he was constrained first of all to pay the first-fruits of the Church or Monastery, to which he would be sent; although perhaps he could never get possession of it, for this Boniface scarce ever thought of that: Nay, on the contrary he was wont to say, God grant he may not get possession of this Church, or that Monastery: which he therefore desired that he might get money for it of another. Now these first-fruits were rated by him at thrice as much as those levies which were formerly made, for discharge of ordinary duties, by letter's out of the Apostolical Chamber. And, for as much as all those that desired to be preferred, had not always so much money in their purse when they came to the Court as was needful, Usury grew so frequent at Court in the time of this Boniface, that it was not thought to be a sin any longer; nay, such Usury was sometime publicly required in the presence of the judges and Officers of the same Boniface. 8 He relates diverse other tricks of the same Pope concerning taxes; so foul and stinking, that I will not defile this discourse with them. It will be said that these are personal faults; so say I, but they suited so well with his successors, that they derived them through their veins, and that with interest. I speak not only of first-fruits, but the tricks of petty tols, graces expectative, altering the rules of Chancery, to put all in confusion, dispensations, subscriptions, and such like things, which that Historian thought horrible matters at their first beginning, but custom hath sweetened them unto us. And for annates, whereas Boniface the 9 exacted them only of Bishopriques and Abbeys, they brought in Priories, and other benefices in after ages: Fo● mark the title of those of France; Here follow the names of the Archbishops, and Bishops of the Kingdom of France, and also of all Abbeys, Priories, and other benefices within their circuit, with the tax which is reserved upon them for the See Apostolic, when they come to be void, and which is paid for annate, or provision. Hieron. Gigas in tract. de pension. q. 25● num. 2 Leo the 10 extended this tax to pensions also, as is testified by a Doctor of the Canon Law. This was the custom (saith he) till the time of Leo the tenth, what time it was ordained, that annates should be paid out of pensions also, if they amounted to twelve ducats of Gold in the Pope's book. This tax was further enhansed by his successors, and made far more heavy than before, at it is affirmed in the 77 Article of the remonstrance of the Court of Parliament, made to King Lewes the eleventh. 9 Item, it is to be considered, that though the exactions were excessive, both in the vacancies, and otherwise, then when these constitutions were made: Yet after the repealing of them, in the time of Pope Pius, Remonstrance of the Parliament of Pari● Art. 77. and at this present they are more excessive by half: For then in case of vacancy, they paid but ad volorem taxae, reduced ad mediam taxae; but after that repeal ordinarily there was more exacted in the vacancy, than the whole tax came to as sometimes a whole years value of benefices, sometimes two. Insomuch that some pawned their Bulls to the usurers, as the Abbey of Bernay by name, because two hundred ducats were demanded, whereas the Abbey was not worth two hundred: and nine hundred for St. Pharon of Meaux: So likewise of graces expectative, they took two parts or the thirds, and more than ever was accustomed. 10 This open Simony, like a poison which hath gotten to the heart, hath occasioned many complaints and groans. Marsilius of Milan, saith; Marsilius Patavinus in 2 part. def peace cap. 24. p. 361. By the same power he reserves unto himself the rent and revenues in all places whatsoever, of all benefices for the first year of their vacancy, engrossing to himself by that means all the treasures in the world, wiping all Kingdoms and provinces of them. Of Popish Simony ●●sks, a●d hist 〈◊〉. 11 The Bishop o● Menda, in the reformation which he proposed to the Council of Vienna, saith, The Court of Rome, and the College of Cardinals, together with the Pope, would have a certain allowance of all Bishops that are preferred there; Gu●lielm. Durand●●n tract. De modo Celebrand●●oncilii g●n●r part. 2. ●t. 20. it seems very requisite that this were taken order with. For this heresy doth much corrupt the Catholic Church, and the common people; and the remedies which have been applied hitherto are quite disrespected, inasmuch, that the contrary is usually practised in the Court of Rome, as if it were no sin at all to commit Simony, or if it were not all one to give first, and then take, as first to take and then to give. The thing was taken into consideration at the Council of Vienna, so as they were once advised to allow the twentieth part of all livings in Christendom, to the Pope and his Cardinals; but at last it was shifted off without resolving upon any things A Doctor of the Canon law, saith, Ioa●nes Andr●●s in Ca inter ●aetera de o●fi●●●nar. E●tq 'em ●itat G●ynnerin prag. Sanct. ●●t. De Annatis in verbo Annata. Nicola●s ●usan. ● lib. ●. de Conc. Cath. c. 30 it was better for that, because their covetousness is so insatiable, that if that had been resolved upon, they would have taken both. 12 Cardinal Cusanus desired the very same reformation at the Council of Basil; The world cries out (saith he) of the gettings of the Court of Rome; if Simony in its kind be an heresy; then sure it is a sacrilege to oppress inferior Churches: If he that doth such things, according to the Apostle, be an idolater, it will be very necessary by way of reformation, to take away all these and such like gains, especially because the Catholic Church is scandalised for this covetousness of her governor's, and the Church of Rome more than other Churches. Wherefore it is expedient in this holy reforming Council, to remove that especially which is so opposite to God's Laws, so prejudicial to souls, and so scandalous to the whole Church, that all things be done gratis in the Church of Rome, and other Metropolitan Churches. Clemangius de ruina & repar. Eccles: 13 Nicholas Clemangius in his book De ruina & reparatione Ecclesiae, saith, The Popes, over and above the former charges, have laid other tasks upon Churches and Ecclesiastical persons, to fortify and maintain their Chamber, or rather their Charybdis: For they have made a Law, that as oft as any Ecclesiastical person dyeth, of what dignity or condition soever he be, or exchangeth his benefice with any other whatsoever, their chamber shall receive all the fruits and revenues for the first year next ensuing, rated at a certain sum according to their good will and pleasure. Which exaction, and diverse others, by him reckoned up there, he blames and condemns. 14 The Glosser upon the pragmatique sanction, saith; That Boniface the 9 was the first that extended the use of annates to all Churches, contrary to the equity's of all Laws, C●smo Guy●nerin in P●●g. mat. Sanct. de annatis in verbo anna●● pag. 1936. Theodoricus de Nihem in notis ad troth l. de privilegiis et ●ur. ●mp. divine and humane. And he afterwards adds, What are they that give, and receive annates, but the buyers and sellers of the Temple cast forth by Christ? 15 Theodorick de Nihem upon the tract De privilegiis & juribus imperii, saith, There is no reason why the Pope and the Cardinals should not prefer other men to Bishopriques, Monasteries, and other Ecclesiastical dignities gratis, and freely, without any intervention of money, promise or compact whatsoever. But if it be said that the Pope is the general steward of all Bishopriques, Monasteries, and other Ecclesiastical preferments, and of all the goods that belong unto them, (howbeit no such thing can be proved out of the Gospel, the holy Scripture, nor by the testimony of the Saints,) yet we must believe and maintain that this jurisdiction reacheth no further, than to the giving unto discreet and faithful Popes and Cardinals, the power of disposing Ecclesiastical benefices, dignities, and other means, to distribute and bestow them freely, as they have freely received them, upon serviceable and deserving men. And a little after; Besides, hence it is that they never regard the will of God, nor the benefit of the people committed to their charge, but their own gain, as many good Divines say. Hence have risen every where some great errors in Christendom, and grievous defamations against the Court of Rome; which is also drawn into an example by others. 16 He adds yet further; Exactions by Annates or first-fruits. Idem ibid. p. 830. What then, if he that hath the power of preferring make a law, (which is the case in hand) that he which will be preferred to such a dignity, shall pay before his preferment one full years value of that dignity? Many great Divines are of opinion, that it is a heresy to hold and maintain that such a law may be observed without mortal sin; because the inferior cannot abrogate the law of the superior, and he can make no such law of himself, how great soever his state and glory be. And anon, Whence then comes this power of making and observing this law? Ye may say that it is abusively by the devil's suggestion, which haunt them that buy and sell holy Orders; which obtain by Simony Bishopriques, Prebends, Curates, etc. 17 In another place he saith thus, Idem ibid. p. 791. Simony is always excepted in the bestowing of Bishopriques, and supreme Sees; which if so, why was it brought up by the Church of Rome, and the Churchmen thereof (to wit, the Pope and the Cardinals, who were then at Avinion,) that those who should be preferred by them to any Archbishopriques, Bishopriques, or Abbeys, should compound with the chamber Apostolic, and for the ordinary service of the Lord Cardinals? otherwise none should be preferred or created Bishop from thenceforth, unless he either paid or entered bond for the payment of so much, upon most damnable forfeitures. 18 The Author of the book, Tract. de privileg & juribu● Imp. p. 831. entitled, De privilegiis & juribus Imperii, which is very ancient, shows that these annates were never exacted by the Emperors, when they bestowed investitures; and he takes offence at the Pope's using them; We never read, (saith he) nor is it credible that the Emperor Otho did ever either demand, or receive by himself, or by any other, the fruits of one whole year; no, nor of half a year, for any Church, Monastery, or Ecclesiastical dignity, which he bestowed upon any man for a title. Why then is the contrary pactised by some ecclesiastics? It is a strange thing: And perhaps by reason of the excess herein, or because no regard is had to the ancient laudable customs, which have been left by the holy Fathers to the Church militant, the covetousness of the times keeping it so close, it appears more in deed that in writing, in what sort the Catholic faith prospers by this means. 19 Gregory of Haymburgh a Germane Lawyer, Greg. Haymb. in confut primate. Pap. who lived in the time of the Council of Basil, complains likewise of these Annates, and other exactions of the Pope upon benefices, and Ecclesiastical preferments; The Empire (saith he) being thus divided or vacant, they proceeded further, reserving to themselves all advowsons and dignities how Canonically soever disposed of; yea and the presentations to benefices; surcharging withal the Bishopriques, and other livings, with Annates, and other simoniacal exactions, for investiture into these livings, that otherwise belonged to the Empire; that the Popes by this means might squeeze all the treasures of the world, as if they were not content to have usurped the Empire. It was one of the Articles proposed by all the Nations of Christendom at the Council of Constance, there to be reform; Council Const. Sess. 40. conceived in these terms, Of Annates, and petty services. And indeed there was a mighty bickering about it betwixt the Cardinals, who opposed the proposal, and the French who did earnestly solicit the contrary: as appears by the answer of our French men, printed amongst the works of Nicholas de Clemangiis; but at last the Cardinals, by means of their shift and put-offs, got the victory, insomuch that there was nothing done in it. 20 Albert Crants, a Germane Historian and Devine, in his book, called, Wandalia, Albert Crantziu● Wandal. lib. 13. c. 5. speaking of a tenth which Pope Paul the second would have laid upon Germany, for making war against the Turk, saith, That the Archbishops of the Rhine were scarce willing to give way to this imposition, because the Pope received the first fruits, which was a great pressure to Germany; Valaterran. Comment l 30. Cap. quomodo servi tractand●● and all (saith he) that the Cardinals may have to feed their beasts. Volaterranus speaking of Rome in the 30 book of his commentaries dedicated by him to Pope julius the 2, saith, That livings are there bestowed for wages, 〈…〉. and the spiritual treasure is made a merchandise. 21 There is an arrest of the Parliament of Paris, dated the 11 of September 1406, wherein it is said, 〈◊〉 hoc Arr●●●um ●pud N●● de Clem●● p. 115. 〈◊〉 Basil Sess 21. That Pope Benet and his officers should from thenceforth give over and abstain from the exaction of Annates in this Kingdom of France, and the Country of Daulphiny. The Council of Basil, made also a very remarkable Decree hereabout in the 21 Session; The holy Council ordaineth, that from this time forwards, there shall be nothing exacted either in the Court of Rome, or else where for letters, Bulls, seals, Annates, common and petty services, first-fruits, or any other title, name, or colour whatsoever, for confirmations of elections, admission of requests, provisoes of presentations, nor for any collation, deposition, election, demand, or presentation to be made even by Lay men. Nor for institution, installation, and investiture in Churches, (even Cathedral and Metropolitan) Monasteries, dignities, benefices, and other Ecclesiastical offices whatsoever: Nor for Orders, nor the sacred benediction, nor for the Pall. This same decree was in express words inserted in the Pragmatique sanction, and confirmed by it. We may take notice by the way, of the prohibition made by the Council, and the Pragmatique sanction against the Popes, that they should not take any thing for the mantle or Pall, which they were wont to sell to Archbishops and Metropolitans, at a good round price; as they did also afterwards notwithstanding these decrees; as appears by the complaint which Langius maketh against Leo the 10; Paulus Langius in Chr●ni Citiz: sub ann. 1513. A great sum of money (saith he) is extorted for the purchase of Bishops Palls, to the detriment of Churches, against the constitution of the holy Council of Basil, which ordained that nothing should be paid for the Pall, nor for the confirmation or obtaining of other offices. But to return to Annates. 22 It may seem that the Bull of Pope Leo the 10, added at the end of the Concordate, and confirmed by the letters patents of King Francis the first, hath derogated from the Pragmatique sanction. But that Bull was never received and approved in France, P. Rebucous in Concord. Rubric. de man● dat. Apostol. § s●n. Et Rubric. de Annat. Ordinance d' Orleans Art. 2. as M. Peter Rebuffus doth testify; This constitution (saith he) as being about a money matter, was never received by the inhabitants of this Kingdom. Nor is it comprehended within the Concordate, nor the King's declaration concerning it, verified in the Court of Parliament: And indeed all such Annates are expressly prohibited in the second Article of the Decree at Orleans; Upon the remonstrance and request of the delegates of the said States, to the end that for the time to come no money for vacancy, nor Annate be paid for the grant of Archbishopriques, Bishopriques, Abbeys, or other benefices that concern the Consistory; we have determined to confer and treat more largely hereabout, with the Commissioners of our holy Father the Pope; and in the mean time, by the advice of our Council, and according to decrees of the sacred Synods, and ancient Statutes of the Kings our predecessors and the arrests of our Courts of Parliament; we do ordain that all transportation of gold or silver out of our Kingdom, and all payment of money under colour of Annate, Vacance-money, or otherwise shall be left off and surcease; under pain of paying fourfold, to all such as do contrary to this present decree. But afterwards the execution of this decree was suspended by the letters patents of the same Prince, dated the 10 of january 1562, procured by the earnest entreaty of the Cardinal of Ferrara; and Annates were tolerated in this Realm, by reason that the Pope assured the King, he would take order for a reformation herein, as appears by the contents of the said letters: which run thus; 23 Charles, etc. Whereas at our coming to the Crown, at the request of the three estates of our Kingdom, holden in the City of Orleans, by the advice of the Princes of our blood, and other great eminent persons of our privy Council, we commanded our subjects, that they should not transport or carry any more money out of our said Realm, under colour and pretence of Annates, and Vacants; Of Annates or first-fruits. and made other prohibitions concerning the obtaining of benefices by anticipation, devolution, dispensation, or such like means of dispatch, sent out of the Court of Rome, as is specified in the copy of the Ordinances aforesaid, in the second, fourth, and twenty second Articles: Which prohibitions were published in our Court of Parliament, and other the jurisdictions of our said Kingdom: whereof complaint and remonstrance hath been made unto us by our dea●ly and well-beloved Cousin, the Cardinal of Ferrara, Legate in France, who hath entreated us to restore the things aforesaid unto that state wherein they were before the said Ordinance of Orleans: We declare, that we desire to render all honour and filial devotion to our Holy Father, and out of the great confidence we have, that his Holiness will look to provide, and speedily to take order, as need requires, that the matters aforesaid may be reform, as our said Cousin, the Cardinal of Ferrara, his Legate, hath promised unto us on the behalf of his said Holiness, 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 Queen, the Princes of our blood, and our Privy Council: we have removed and taken away, and do 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 do make void the Ordinances aforesaid, for the reasons before mentioned. 24 The Council of Trent was holden at the time when this declaration was made, See the remonstrance of 〈◊〉 Co●●● of P●●ha●●●. Artic. 68 ●3,74, 75, 76.79,80. V. Syloam. Locoru● Communium Henri●● Token. Mathh West. l. 2. sub ann. 1245 p. 191. ●ecit per ●ingulos Comitatus Anglie inquiri summam redituum Rom●no●um et inventum est quòd ad tan●un lem pecu●ia ad●cendisset quantum reditus ● s●us. viz. sex●ginta millia marcarum puri reditus● Exceptis vari●s e●olumentis. Matth. Paris. sub Henrico 3. p 647. Estate de Tours. See the e●tr●ce joined with the book, De Ecclesia Gallicanae statuin schismate. 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 vain. Whence it follows, 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 be inclined, in as much as we 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 means, there goes almost a million of crowns from hence to Rome every year. Which is further confirmed by the testimony of the Ambassadors of the Archbishop of Magdenburg in Germany, who was present at the Council of Basil, who hath left upon record, that he learned from the Archbishop of Lions, then living; that during the Popedom of Martin the fifth, who sat 14 years, there were carried to Rome out of this Realm of France only, nine millions of Crowns, without reckoning what was brought in by the Clergymen of inferior quality. 25 It is reported by an English Historian, that Henry the 3 King of England in the year 1245, caused an estimate to be taken of the pure rents which the Pope had out of his Kingdom, and that it was found they amounted to as great a sum of money, as all that he himself received out of his Realm, nor reckoning diverse 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 himself, who is the guardian of the Church, and the governor of the Kingdom. And hereupon the the transporting of gold or silver to Rome was forbidden in this Kingdom by many good Statutes made at several times. Saint Lewes, who amongst diverse others made one hereabouts expressly forbidding all such exactions, was nevertheless Canonised for a Saint. King Charles' the 6, Henry the 2, Charles' the 9, and others, were never thought the less Catholic for this; nor the people of France that demanded it in their Counsels of State, ever reputed the less zealous in Religion. For by this means the Popes and Cardinals would be the more honest men; Po●●sh Simony and ●x●ctions by taxes. for there is nought that spoils them, but too much ease and wealth. And so they should both clear themselves from that infamous crime of Simony, which all Christians detest and abhor; and also acquit all those that barter with them; who, according to the opinion of a Theodoric. a Nihem lib. 2. the schism. c. 2. & in tract. de privileg & ●u●ibu● Imperii p. 829. & seq. Marsiliu● Patavinus in defence Peace part. 2. c. 11. 24. Divines, and the sentence of the Parliament of Paris, in the 71 Article of their Remonstrance, share with them in the sin also. For to believe the Pope's b Iohann●s de Turrecremata inc. Si qui● pe●unia. nu. 4. dist. 79 jacobatius l. 4. the Condil. art. 4. Aug. de Anco●a in lib. de potest. E●clesiastica. q. 5. art. 3. Et alii ab iis ●itati. flatterers, who go about to persuade them in their filthy writings, that though they practise Simony, yet they cannot be Simoniacal: this were to hood wink 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 pain of excommunication, to tell him the truth concerning the reformation of the Church, told him plainly, amongst other things, c Concil. dele●torum Cardinalium de emendanda Eccles. Paulo tertio jubente. conscriptum ann. 1538. Extat. tom. 3. Conciliorum Co●oniae. editorum ann 1551. That it was not lawful for the Pope and Vicar of Christ, (these are their very words) to make any gain out of the use of the power of the Keys, committed unto him by Christ: For it is Christ's command (say they) Freely ye have received, freely give. 26 The Emperor d Natalis Comes l. 14. Historiae sui tempo●is. Ferdinand, in his demands, put up at the Council 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 find no exception for him there; but our Council had no leisure to think of this. I could here make a large discourse of the Reservations of Bishopriques, and other dignities, and benefices Ecclesiastical: of the granting out of Graces, and the next voidance of benefices; of mandates of provision, and other ways which the Popes have used and do 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 diverse authors. All those that ever meddled with reformation, put always up some Articles about this point: The deputies of Paul the third, have a whole Chapter of it in their Council. The Council of Basil, and the Pragmatique Sanction hath condemned them: The King of France desired the like in his demands: Yea, and the Council itself hath taken an order with them, but it is with reservation of the Pope's authority above all; which is as much as to put a gull upon all Christendom, seeing the reformation in this case was demanded only 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, do very well know, and can testify, how the Pope doth still practise these means, and whether all the decrees of this Council have debarred him of dispensing his favours. 27 The Popes not content with the gold and silver which they get by these means, do use taxes and tributes beside, like secular Princes, not only upon Clergy men, but Lay men also; yea, upon whole Princes and Kingdoms. Gregory the 9, the year 1229, demanded of the Kingdom of England, the tenth part of all the movable goods, as well of the Laity as Clergy, to maintain his war against the Emperor Frederick● telling them that he only had undertaken that war in behalf of the Church Catholic. Matth. Paris. in ●ist. Angl. sub Henrico 3 pag. 349. Which demand, Henry the third, King of England, (saith an English Monk) having passed his word to the Pope, by his officers, for the paying of those tenths, had no way to gainsay. But the Earls and Barons, and all the Laity did oppose it, refusing to engage their Baronies and domains. As for the Bishops, Abbats, Priours, and other Prelates, after three or four days consultation, they at last condescended to it, with a great deal of murmuring; fearing the sentence of excommunication in case of refusal; as the Monk hath it word for word. The execution whereof ensued as rigorous as ever: For one Mr. Otho, who was sent as Legate upon that occasion, did not spare excommunications: causing beside, certain great sums of money to be levied for the defraying of his charges; England oppressed by ●he Pope's exactions. because (as he said in this commission) he was not bound to make war at his own charges. Mean while the Legate not forgetting himself, did not neglect to extort both money and means for himself: Idem ibid. pag. 506. Idem pag. 507. for compelling every one to pay him procurations, he sent certain rigorous injunctions, to the Bishops and Archdeacon's to this effect. He afterwards demanded the fifth part of all the goods, and spiritual revenues of the Clergy men aliens, who had any preferments in England, whereof there were then good store; and from them he proceeded to the rest: and all to make war against the Emperor Frederick. And whereas diverse were marked out for that beyond-sea voyage, he dispatched a pretty commission to his Legate, to absolve them of their vow, and to exact of them certain great sums of money. All these evils were occasioned mainly by the softness of King Henry the third, who when it was asked by his subjects, Why he would suffer England, Idem pag. 508. considering the large privileges thereof, like a Vineyard without a wall● to lie open to the prey and desolation of passengers; He replied, ● neither will nor dare contradict the Pope in any thing. 28 Nor is here an end; Matth. Paris. pag. 51●. For about that time (saith the same Author) there came into England a new way of exaction, most execrable, and unheard of in any age. For our holy Father the Pope● sent a certain exacter into England, Peter Rubeus by name, who was instructed to wipe the poor English of an infinite mass of money, by a new invented mousetrap trick. For he came into the Chapters of the Religious, cozening, and compelling them first to promise, and then to pay, after the example of other Prelates, whom he lyingly affirmed to have paid already. For he said, Such and such a Bishop, such and such an Abbot have already freely contributed; why do you slowbacks' delay so long, that you may lose your thanks with your courtesy? Besides, this cheater caused them to swear not to reveal the manner of this exaction to any, till half a year after; like robbers, who compel those they rob, to promise that they will not speak of it. But though men should be silent, the very stones out of the Churches would cry out against such rake-hells. This fit of the fever descended like an hereditary disease upon his successors. Innocent the fourth knew well enough how to husband such a fertile field; but so as he made all England cry out of him, who brought their complaints as far as the Council at Lions, in the year 1245, then and there demanding for justice and relief against these tyrannical exactions; and that even before the Pope's nose, who was there in person, who (as the Historians say) casting his eyes down for shame, durst not say mum. Matth. Paris. sub Henrico 3. pag 646.648. Matth. Wes●monas●. l. 2 sub ann. 1245. p. 195. Matth. Paris. in Hen. 3. pag. 677. And for the Council which regarded nothing but the Pope's pleasure, it was deaf on that ear. The same complaint was afterwards put up in a Parliament in England by King Henry himself, who begun to mean himself; where these Articles were exhibited amongst others: The Kingdom of England is grieved, inasmuch as the Lord Pope is not content with the subsidy of Peter pence, but doth extort a grievous contribution of the whole Clergy of England● and intends to extort far greater yet; and this he doth without the assent or consent of the King, against the ancient customes● liberties, and laws of the Kingdom, and against the appeal and protestation made by the Proctors of the King and Kingdom, in the general Council. 29 This Parliament used so much respect to the Pope, as to content themselves with sending some soothing letters to him, thinking to soften his heart with the relation of their miseries: but this was all in vain, for the grievance grew daily greater and greater; and indeed you may observe a new kind of extortion, whereof complaint was made to King Henry; Idem Paris. in Hen. 3. There were lately brought certain letters from the See Apostolic, containing no little prejudice against the King and Kingdom; to wit● that the Bishops should maintain some ten men of war, well provided of horse and armour, some five, some fifteen, to send over to the Pope, The Pope's exactions in Englan●. for the service of the Church, for the space of one whole year, to be paid by the Bishops of England, and employed where the Pope should think expedient; which Knights service is not due, save only to the King and Princes of the Realm, etc. Idem p. 694. A little after, The Pope taking courage to trample under-feets the poor English, (as the same Historian calls them) and in trampling to impoverish them, commanded the Bishops of England with more imperiousness than was usual, that all the beneficed men in England, should contribute unto him; to wit, such as were resident, the third part of their goods, and the rest, half: adding withal, some very hard conditions. Idem p. 706. He sent to one M. john, his Legate, that if any Bishop should make dainty of paying the subsidies which he demanded, under colour of exemption, that he should sesse them deeper. Another English Historian, speaks thus of this matter, Ma●th. Westmonast: l. 2 sub ann 1247. pag. 222. By reason of these, and such like oppressions, there was a great murmuring, both amongst the Clergy and people; insomuch, that whatsoever was contributed, was given with imprecations; or to speak more properly, and not conceal the truth, with downright cursings, putting the Pope in mind of their grievances, with a complaint proceeding from the bottom of their hearts, and setting before him their insupportable oppressions. And he afterwards adds these grievances; The Church of England is intolerably vexed with infinite charges, in the tenth of all their goods, in the hastening of reliefs, in the money levied for Soldiers, in the subsidies diverse times exacted by Otho the Legate, in the paying of 6000 Marks, in the twentieth part of their three years' revenues, in the subsidy of the Roman Empire, in the subsidy granted freely. Matth Paris. p. 729. 30 Matthew Paris sets down an infinite company of other barbarous exactions, saying, The charges were marvellously increased, with a great deal of overplus; and flowed day by day from the Court of Rome, over the miserable Kingdom of England; besides the burden, and unwonted slavery; insomuch, that the Bishops were debarred from the bestowing of their benefices, till they had discharged these exactions, and yet the pusillanimity of the King never contradicted it. Horrible burdens, and unheard of oppressions, did spring up daily. We have thought fit to insert in this book, not all the charges, for that would be a very hard thing, nay, altogether impossible to set down, but only some few; to the end, that such as read them, may be sorry for them, and pray to God that we may be one day freed from them. We should spend too much paper in setting down all which is delivered by him at large, concerning this point; it shall suffice us to recount the proverbial speech of that Pope; Idem p. 683. England (said he) is indeed the garden of our pleasures, an exhaustible pit: and where there is abundance, out of much, much may be taken. This proverb was received with all honour and reverence by his successor Alexander the fourth, who sent one M. Rustand into England, who rifled the purses of the poor Clergymen sound, with the aid and assistance of the Bishop of Hereford, who was licenced by the Pope to borrow money in the name of the Abbeys, and Monasteries, and to pawn their goods for the payment thereof. Which he so effected, that the money went to the Pope, but the bond laid upon the Abbats and Priours; which they were compelled to pay, together with the costs and damages, and interests. The pretence was, that that money should be employed to the use of the Abbeys, and Monasteries. But for fear, lest the juggling should be discovered, he took a course to hinder the thing from ever coming to trial by any means whatsoever. An English Historian after he hath delivered this relation, adds these words, Idem Paris. p. 886. These things, and others like detestable, O shame! O grief! did spring at that time from the sulphureous fountain of the Church of Rome. The same M. Rustand had commission to levy the tenth of the goods in England, Scotland, and Ireland, and to raise some other great and intolerable exactions, with injust actions, and contumelious speeches, hear what the ●ame Author says of it. Idem p. 884. At that time Rustand called all the Bishops of England together at London, by virtue of the Pope's authority, The Pope's ex●ctions in France. to hear his commission: where being met after the faculties of the said Rustand were read, he broke with them, requiring of them all an infinite sum of money, by virtue of certain writings full of injury and injustice, which might have deeply wounded the hearts of the most patient men: if that sum had been levied, the Church of England, yea the whole kingdom should have undergone a most base servitude, and been thrown into an irrecoverable poverty. Afterwards he commanded his debts to be discharged by the English Clergy, Idem Paris. p. 904: writing to this or that Bishop by name to pay such a sum, excommunicating such as were refractory. There are an infinite examples of the like nature, recorded by Historians from age to age, which witness unto us, that this is not a fault personal, but perpetual and Papal. 31 Nor hath England only made these complaints. France also hath diverse times groaned, and appeared to be in a kind enslaved. Nicholas de Clemangiis, a French Devine makes a long and ample description of the taxes and subsidies of the Popes; amongst which he ranks the imposition of tenths, & diverse other tributes; What shall I say of the spoiling of Prelates? of the too too usual tenths, and of other taxations? And a little after, Nicolaus de Clemangiis de ruina & reparatione Ecclesiae p. 4. What should I do setting down particularly an infinite company of other tributary impositions, which are daily exacted of the most infortunate Clergy? The Pragmatique of S. Lewes is very observable concerning this point; Item, we will not in any wise, that there be any levy or collections made of the charges and exactions of moneys, imposed by the Court of Rome, upon the Churches of our Realm, by means whereof, our said Realm hath been impoverished. Nor is it less considerable which Matthew Paris relates, to have happened under that Prince; Matth. Paris. sub Henrico 3● About the same time (saith he) the Pope sent his authentic letters to all the Bishops in France, in particular by his solemn Nuntioes, to the Predicants, and Minorites, entreating them that every one of them, according to his ability, would furnish him with a certain sum of money, which he would undoubtedly repay so soon as he begun to get breath. This coming to the King's ear, who suspected the avarice of the Court of Rome, he sent out prohibitions, that no Prelate of his Realm should impoverish his country in that kind, upon pain of forfeiting all his goods. And so those sophistical Legates of the Pope, upon whose shoulders this charge was laid, returned out of the Realm empty-handed, with hissings and mockings. He means Innocent the 4, in whose time King Lewes reigned, the year 1247, what time this was done. This was the Pope, who so soon as he was come to Lions to hold his Council, wherein he excommunicated the Emperor Frederick, made such a pitiful complaint of his poverty, and the great sums of money which he ought, that our French Prelates shifted themselves to their very shirts, to exercise their charity towards him; without sparing either gold, silver, moveables, apparel, vessels, horses, or other things; whereby he got an inestimable treasure. 32 But the story of the Abbot of S. Dennis is memorable, Matth. Paris. in Hen. 3 p. 64● who having extorted great sums of money out of his Abbey, to present unto the Pope as others did, in hopes to be made one day an Archbishop, S. Lewes the King, as Patron of that Abbey, compelled him to repay the said sum out of his own purse. Charles' the 6 in a Decree made February the 18, 1406; They take occasion to reserve the first-fruits in the vacancies, and to extort great sums of monies whereby the kingdom is exhausted, and to thrust themselves upon the Popedom, for to enrich and prefer both them and theirs. And in another Decree made the same year, he accounts this amongst other extortions; Imposing tenths and other subsidies at their pleasure, without ever consulting with the rest of the Bishops about it; in the raising whereof, there is no mean observed either of justice or equity. And in another made in March 1418. That an infinite deal of gold and silver, O● th● Cl●●gy 〈◊〉 w●ls. A●● o● the 〈◊〉. and rents were transported out of the Kingdom and the Province of Dauphiny, to the prejudice of the ancient customs, and the undoing of the Realm, to the irreparable loss and damage of the Commonwealth, and the miserable desolation of the Churches, aswell such as were of royal foundation as others. We will here relate what Marsilius saith of tenths; Mars●lius in de●ens. pa. par. ●. c●1 ●1 So that this Bishop (speaking of the Pope) seeking to get this jurisdiction over earthly Princes, although wrongfully, by such a kind of distribution, or donation of such like temporal, matters, of benefices, and tenths, (which when I look upon all Kingdoms at once, do amount to an inestimable deal) he may stir up a great deal of sedition; and indeed hath ever hithertowards so done, and doth yet, more especially in the Catholic Empire of the Romans. 33 The Popes do likewise claim unto themselves the spoils and inheritance of the rest of the Clergy, & therefore have denied them so much power as to make their wills and dispose of their own goods. Concerning which we have already heard the testimony of Nicholas Clemangius; let us now hear what Marsilius of Milan saith; Marsilius in de●ens pac. part. 2. cap. 24. Add hereunto (saith he) a new branch of that root, how that the Bishop of Rome, by virtue of that plenitude of power, hath forbidden all such as have any Ecclesiastical preferments in what place soever, to make any testament without leave from him; and hath decreed that their goods shall devolve immediately to his See, whether they die intestate or otherwise. Charles' the 6 in an Ordinance of his, dated October 6, 1385, registered in the old book of Ordinances, which is at the Parliament of Paris, folio 114; That our judges do not in any case permit the goods of such as die, to be transferred to the Pope; but to their heirs or executors, or others to whom the said goods of right appertain. And in another of the 18 of February 1406, Certain Co●●ectors, and other the Pope of Rome's officers particularly for his moneys, have for some years of late oppressed and vexed the Church and Churchmen of our Realm and Province of Dauphiny, by an insufferable slavery, in seizing upon the goods of the Bishops and Clergy men, both Regulars and Seculars, presently upon their decease. Matthew Paris saith, Matth. Paris: in Henrico. 3 p. 685. that Innocent the 4 made a constitution touching this point; Hereupon he made (saith he) a new and unheard of law, that if any Clergy man from thenceforth should die intestate, his goods should be converted to the Pope's use. Matthew Westminster confirms it; Matth West. monast. lib. 2. sub a●no 1246. p. 206. The Pope (saith he, speaking of Innocent the 4) reached out his hands further to get and grasp within the clutches of his covetousness, the goods of all such as died intestate, not without wrong and damage on the behalf of Princes. And even till this day they exact and levy certain taxes of the Stues and Courtesans, whom they tolerate by reason of that infamous gain which they reap from thence. Nicholas Clemangius doth abhor this villainy; Nicholas de Clemang. in tract. de praesul. Simoniac. p. 670. I purposely pass over those things (saith he) which it is a shame to speak; as the open toleration of whoredom for a certain yearly sum; and the public permission of whores and Concubines, who are now called by a common by name, YEARLY KINE. And thus must those verses of Mantuan be understood, unless we will put some mystical sense upon them; Baptis●a Mantu●nas d● Nicolao Tolentino. l. 2. — Roma ips● lupanar Reddita, foemineo Petri domus oblita fluxu Ad Stygios ●let usque lares, incestat Olympum Nidore hoc, facta est toto execrabilis orbe. Rome now a stews, where Peter once did dwell, Infect with female flux, doth beastly smell Down to the Stygian vaults, up to the skies; And is grown loathsome in the whole world's eyes. It will not be amiss to add in this place what the Deputies of Paul the third said concerning this point, Rom●sh luxury. V Cons●itut. delectorum Cardinalium Paulo 3. exhibit in to. 3. Concil. edit. Colon ann 15●1 pa. 819. in their consultation about the reformation of the Church; Besides, the whores in this City pass along the streets as honest women, and ride upon their mules, attended on the high light day by the chiefest servants or retainers of Cardinals, and by Clergy men. We have not seen the like corruption in any other City save this, which is an example to others. Besides, they dwell in the fairest houses. This vile abuse ought to be corrected. CHAP. V. Exactions under pretence of a Holy War. 1 But behold a kind of sacrilege which outstrips all the rest: Namely, that they have diverse times served themselves of Croysadas for the conquering of the Holy Land, or making war against the Turks, to make a hand and scrape up money by that means. Matthew Paris relates it thus, Matth. Paris. in hist. Anglicana p. 507. At the same time my Lord Legat received a commission from the Pope, to wipe faithful people of their money by another trick; in such sort, as shall appear to the observing reader in this following script. Such and such a Bishop to our well-beloved sons, all the Archdeacon's within our Diocese, greeting. We have received letters from my Lord Legate, the tenure whereof runs thus; Otho. etc. Being given to understand, that certain English men crossed for the Holy wars, which are not of ability for that service, have recourse unto the See Apostolic to be absolved from the vow of the cross which they had made; having also received a commission from the supreme Bishop, not only to absolve them, but also to compel them to redeem their vows; being pleased herein to ease them of some pains and charges: wherefore we command your fatherdome, by virtue of the authority committed unto us & withal entreat you, that you cause this power of ours, granted by our holy Father the Pope, ●o be forthwith published throughout your Diocese, to the end that the said crossebearers may repair unto us, to receive that courtesy, according to the form prescribed unto us. Speaking of the Council of Lions under Innocent the fourth, where the Croisada for the conquering of the Holy Land was agreed upon. 2 As for the business of the Cross (saith he) there were somethings determined at the Council, Idem Paris. p. 658. very profitably and wisely, but as soon as the contribution of money was mentioned, they contradicted the Pope openly and to his face● even because of that addition which was generally odious. That they should contribute their aid and relief, by the hands of such as should be appointed for the purpose by the providence Apostolic for as much as the faithful in the Church have very often complained, that they have been cheated by the Court of Rome of the money which they bestowed for the maintenance of the Holy Land. 3 A Germane Monk and Historian, chargeth Leo the tenth, P●ulus Langius in Chron. Citiz. sub. ann. 1513. with levying a great sum of money for himself and his Cardinals, under pretence of a war against the Turk. At the same time he created (saith he) other thirty Cardinals, of whom he received by compact fifty thousand crowns: he had put them in some fair hopes, but being either not able or not willing to perform his promises truly out of S. Peter's patrimony; however to stop their mouths and keep covenants, he invented this means, or rather this cheat and cozenages to send four of his Legates into diverse parts of the world, Le●i●s for●h holy Wa●●n Engl●nd and 〈◊〉. to levy a huge mass of m●ney under pretence of a war with the Turk. And that with many indulgences, to the end that he might deal amongst those new creatures of his, the Cardinals, all the money that was collected by this device. He adds another trick, no less impious than the former; Otherwhiles (saith he) he is enforced with great greediness to scrape up money by hook and crook out of all parts of Christendom, but especially out of Germany, by means of his Commissaries sent with his indulgences, under colour of building and repairing S. Peter's Church: howbeit Pope julius his predecessor, who begun that work with great care and magnificene, left an infinite treasure to that end. Yet the work begun goes but softly and slowly on: and no marvel, considering that the stones which are hewn by day, are (as it is reported) secretly carried away by night to the great Palace of the Medici at Florence● which is now a building; and the money which was collected is not bestowed upon the building, nor employed against the Infidels, but distributed amongst the Cardinals and the Pope's minions. Guicciardine saith, Guicciardine in h●s 〈…〉 bo●k of th● W●●●●s of It●ly. his sister Magdalen had a good share of it, and that it was not done in hugger mugger. 4 Besides, they served themselves of these Croisadas and indulgences to wreak their malice, or strengthen their purposes, to the disturbance and confusion of all Christendom. An English Monk of good credit, tells us how urban the second had this bad design, when he caused the conquest of the Holy Land to be undertaken at the Council of Clerimont; In the year of grace 1095, (saith he) Pope Vrban the second, Guilielm. Malm●sh. hist. Angli●. lib. 4. ●. 2. who sat in the See Apostolic, having passed the Alps, came into France: the cause of his coming which was publicly given out, was, that being chased out of Rome by the violence of Gilbert, he came to solicit the Churches on this side the mountains to assist his Holiness: but his more private end was never given abroad; which was, that by the advice of Boadmond, he might stir up all Europe to make war in Asia, to the end that in the general hurly burly of all Provinces, Vrban might with case possess himself of Rome; and Boadmond of Illyrium and Macedonia, after they had consulted with such as were to assist them. 5 Alexander the fourth turned the vow of jerusalem into a vow of Apulia, in the case of Henry the third King of England; Matth. Paris. hi●●. Anglic. in Hen●ico 3. p. ●84. that is a cross of devotion into a cross of revenge. The Pope gave his Legates power to absolve the crosse-bearing King of his vow, dispensing with him for going to jerusalem, always provided that he should go into Apulia, to make war upon Manfred, the son of Frederick late Emperor, an arch enemy of the Church of Rome. The English author who relates this story, complains in another place, I●em ibid. p. 890. that the tenth was granted for the relief of the Holy Land, and we are compelled to turn it to the aid of Apulia, against the Christians. 6 A Croisada for the conquering of the Holy Land being resolved upon at the Council of Vienna, under Clement the fifth; Philip the Fair and his three sons, as also Edward King of England took up the cross to go thither in person, with an infinite number of men beside, Then did Pope Clement (saith an old French Chronicle) grant great indulgences to such as could not go, but on condition, that they should find money for that use: So as he that gave a penny was to have one year's pardon, he that gave twelve pence, twelve years pardon, and he that would give as much as would maintain a man going over seas, a plenary pardon for all. And the Pope appointed certain men whom he put in trust for the receiving of this money. A man cannot conceive the great sums of money that were given for the purchasing of these pardons for five years together: And when five years were gone and passed, and the good men were ready to go and perform what they had promised and vowed, the business was brook off, but the Pope kept the money, the Marques his Nephew had a share of it, and the King, and other who had taken the cross stayed here at home. The Saracens there are in peace and quietness, and I think they may yet sleep securely. Levies for the holy War in ●paine. 7 The same Pope Leo, whom we spoke of before, caused in his time the tenth of all Ecclesiastical revenues to be levied in some places, under colour of defending the Christian Commonwealth against the Turk, but indeed to put it into his own purse. This was the cause he found such strong opposition in Spain, that it was th●re resolved by th● Clergy Synodically assembled, that they would not pay any thing to it. The Archbishop of Toledo did presently interpose, and told the Pope by his Proctor, that if his meaning was to make war against the Turk, he should declare himself openly, which done they would employ the best of their abilities, but not otherwise. Which the Pope perceiving, he disavowed the act of his Legate in Spain in requiring the tenth, because (said he) he was too hasty, and it should not have been levied yet. But let us hear the Spanish author himself tell the story. Alvarus Gomecius lib. 7. de rebus gestia Francisc● Ximenii. Nor did be use less diligence (speaking of the Archhishop of Toledo) in appeasing the commotions of the Clergy which were then a foot, by reason that Pope Leo the tenth, (by authority of the Lateran Council) required the tenth part of the commodity of their benefices of the Clergy. It was demanded under colour of defending the Christian Commonwealth; for when it was supposed that Selim Emperor of the Turks, having conquered the Sultan of Egypt, and put him to an ignominious death would bend his forces against Italy: the Pope in the last act of the Lateran Council, treated with the Fathers there, to have the tenth of their benefices for three years, to defend the sea coast, and fortify the passage against the enemy to the utmost of his ability. This was denied him by diverse, who thought it very hard to see their livings overcharged in that kind, contrary to the decrees of other Counsels, and the constitutions of the Popes; especially seeing Christian Princes, to whom the frontiers belonged, were not mustering any armies nor made any semblance of war. The Pope on the otherside maintained, that there was the like necessity now as at the Council of Constance under Martin the fifth. For what greater cause could there be to move them, than the preparations of the public enemy of Christianity for the invading of Italy and Rome? The Clergy of Arragon, (who were emboldened by the Bishop of Saragossa the King's Lieutenant there, and liberty which all in that Kingdom enjoy) at their meetings in provincial Synods, determined to deny the payment of those tenths. But forasmuch as it nearly concerned them to take the authority of the Archbishop of Toledo along with them, who was in great account with the Pope; aswell the Bishop of Saragossa as the other Bishops of Arragon entreated him by letters to undertake the cause of the Clergy, and that he would not suffer, being such a potent man in the Province as he was, (wherein he outwent all his Predecessors) the immunities of the Clergy to be so far prejudiced. Ximenius, who had taken order that it should not be put in execution in Castille, answered them courteously and with all mildness, promising them that he would do whatsoever lay in his power, for the preservation of their Ecclesiastical liberty. But in the mean time he advised them to dissolve their assembly, and expect in patience what would be the event of things; that he would treat with the Pope and the Emperor Charles hereabout, and that he hoped the issue would be to their content. Whereupon he thought fit in the first place to acquaint the Emperor, to whom he writ his advice to this effect; That seeing the Clergy of Arragon had begun to oppose by calling of Synods, that ours may have the like assemblies, to examine the grounds of these exactions, and try whether that were true which the Pope alleged or no; providing that in imitation of the Kings of Spain, the Clergy did not meet to determine such controversies elsewhere than in the King's Court. On the other side he writ to Arteaga his Proctor at Rome, to go and greet the Pope with all reverence, and offer unto him in his name, not only the tenths of his Diocese, but even all the commodity, all the moveables of the Churches, all the gold and silver coined or uncoined, which could be found in the Priest's coffers, The Po●●●● demands denied in Spline. and the Chapels and Churches; but that he should earnestly entreat him withal, openly to declare his purpose and resolution concerning the preparation of the Holy War. For he would never be a means to make the Spanish Clergy tributary (whom he had appeased, having been already in some commotion) without very just cause. He enjoined his Proctor also to inquire diligently, what was the determination of the Council of Lateran concerning those tenths. Arteaga having informed the Pope of these things, together with Laurence Putius, and julius de Medicis, Cardinals, the Pope's privadoes, 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 Council nor otherwise: Nor would he impose any but in case of extremity, and when his affairs did not only require, but compel him so to do, according to the last Decree of the Council of Lateran. But he laid the blame upon john Ruffus, Archbishop of Cosenza the Pope's Nuncio in Spain, who had (as they said) divulged these things very iudiscreetly. Wherefore the Clergy of Spain might sleep secure for aught that concerned the paying of tenths. And there was beside a Bull of the Popes showed to the Proctor, which was shortly to be published, which concerned the Act of the Lateran Council. Yet Ximenius, so soon as he 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 he went to Tourverte. For Peter Martyr who was present at that Synod, as Proctor of the Church of Granada (as appears 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 patronise and defend it if need required. It is also plain, 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 think, in Italy only, or other of the Pope's dominions. CHAP. VI Of other demands concerning the abuses of the Court of Rome. 1 COnsequently to what we have already delivered in the former Chapters, concerning the greediness and insatiable desire of the Court of Rome, we will set down this certain complaints and demands exhibited by the States of Germany in this behalf: The first whereof shall be against the provisoes and clauses made at Rome concerning all manner of benefices, to the defeating of the Patrons, both Ecclesiastical and Lay, of their right of advowson by diverse subtle fetches: And all this for the great wealth the Court of Rome gains by this means, and which is brought in thither out of all the Kingdoms and Provinces in Christendom. This demand deserved to have been well considered of, yet it was not; it is attended with many grievous complaints hereof made in diverse ages. The Statutes of our Kings speak throughly of it, and amongst others, that of Charles the eighth, of the 18 of February 1406; the words whereof are these: Some years ago the Popes of Rome, in despite and contempt of the Decrees of ancient Fathers and General Counsels, have brought all Ecclesiastical dignities, Cathedral, and Collegiate under their disposal, Pope's entrenching upon o●her Bishops. and all others of greatest value next after Bishopriques; they have granted livings in reversions upon the Vacancy to any that would sue for them, which hath been 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 Colleges; insomuch that there is none now that hath the power to present to a living. Bernardus Clarevall lib: 1. the consider ad Eugenium. 2 S. Bernard toucheth this abuse to the quick, in his books De Consideratione, which he dedic●tes to Pope Eugenius; Never tell me of the words of the Apostles, who saith, Being free● 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, simoniacal, sacrilegious, adulterous, incestuous, and such like monsters of men, to obtain, or retain Ecclesiastical dignities by your Apostolic authority, etc. 3 The Bishop of Mende put up this abuse in the Council of Vienna to be reform. Guilford Dura●d● in ●●act d● modo celebrandi Concil. gener. part. 2. tit. 7. For after he had said that every Bishop's jurisdiction ought to be preserved entire to himself, he adds, That Ecclesiastical benefices which belong to the collation and disposal of Bishops are bestowed by the S●e Apostolic, 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 as much as they are none of their preferring. He would never have demanded the reformation hereof, unless the abuse had been notorious. 4 Marsilius of Milan his contempora●y tells us as much; Marsilius in 2. par●. defence. c. 24. The Bishops of Rome (saith he) reserve unto their own power immediately the bestowing almost of all Ecclesiastical Preferments, yea even unto the meanest & basest offices; yea of such as may agree to mere Lay men, for any thing that concerns Churches, by means of which reservation, they abrogate and make void all elections how legally soever they were made, though of approved and sufficient men. 5 The Cardinal of Cambray puts this also amongst those things which ought to be reform in the Church; Pet●us de Alliaco in lib. de reformat. Eccles. in 2. consider. It is further expedient (saith he) to provide against certain 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, Clemangius De ruina & reparat. Eccles p. 1. where speaking of the Popes, he saith, They have arrogated unto themselves the right of disposing of all Churches, in all places, as far as Christian Religion reacheth, of all Bishopriques and dignities, which are conferred by election, voiding and disannulling the Decrees formerly made by the holy Fathers, with so much care and commodity, that so they may by this means fill their own budgets the better. And a little after; But it may be peradventure that the Bishops of Rome took the creation of other Bishops, and disposal of the highest dignities in the Church into their own hands, quite abolishing all elections, to the end that by their providence the Churches might be the better provided for, and that such governor's might be set over them, as are most commendable for their life, and excellent for their learning. It might be thought that this were the reason indeed if the thing itself proclaiming the contrary, did not make it apparent, that since this custom was used, there have been none but dunces, worldlings, money men, and such as were raised to those dignities by Simony. And again, But to the end that the rivers of gold derived from all parts, may flow unto them in a fuller stream, they have taken away the power of presentations, and the liberty of bestowing and disposing of benefices by any means whatsoever, from all Diocesans and lawful patrons: Forbidding them, upon pain of Anathema, rashly to presume (for so their writs run) to institute any person into any benefice within their jurisdiction, The Pope's engrossing of church-living till such time as some one be presented to it, to whom by their authority they have granted it. Gerson in decla defectuum virorum. Eccl. c. 62. 6 M. john Gerson in his book De defectu virorum Ecclesiasticorum, where he treats of the Reformation of the Church, and which he presented at the Council of Constance, saith, Mark what that means that now adays Bishops, Prelates, and Parish Priests are mostly elected by the Pope; as much as to say, take an order with that abuse. The Pragmatique Sanction hath another relation much of the same strain; The Prelates and other ordinary dispensers, as also the Patrons are deprived of their right, the Hierarchy of the Church is confounded, and many other things are committed contrary to the laws of God and man, to the loss of souls, and the oppression of the Churches of our Realm. The Council of Basil did provide a remedy against this abuse, and the Pragmatique after it, but so as the Popes have cast off the yoke of it, having disannulled almost all the Decrees of that Council. 7 The States assembled in the City of Toures 1483, in a bill which they presented to King Lewes the eleventh, amongst other things, say, That if the King do not undertake to defend them, considering the quality of their persons, the power and authority of the Holy See Apostolic, they shall not be able to resist the usurpations and impeachments which any subject of the Realm, and others ambitious of preferment, will make against the electors, which have the right of election or ordinary donation, by censures Apostolic. And by this means all this Kingdom, which is already at a low ebb, and very poor, shall be stripped and despoiled of that little money which remains of the former exactions. 8 A Germane a Paulus Langius in Chron. Citiz. sub ann. 1●1●. Monk complains likewise, that under Leo the tenth, the elections made by Bishops were quite rejected, and the right thereof devolved to them of Rome. A certain b Card. Zabarella in c. licet. extr. de elect. Cardinal complains, That the Pope usurps all the rights of inferior Churches, that he engrosseth to himself all power and jurisdiction, making nothing, as it were, of other Bishops; which he doth not according to Saint Peter's pattern. Marsilius c Marsilius Patavin. in def. pac. part. 2. c. 22 saith, That the Popes arrogate unto themselves a coactive power and jurisdiction over the ministers of all Churches of the world, and that they have expressed by their decretal epistles, that the dispensing and disposing of the temporal means of all Clergymen belongeth unto them, to do with them as they list, without ever ask the consent of any College or particular person, of what dignity or authority soever. The Parliament of Paris in their Remonstrance made to Lewes the eleventh, say, d Remonstrance of ●h● Pa●liament ●o Lewes the 11. Art 41. That in the time of Mounsieur S. Lewes (these are the very words) those of Rome begun to go about to hinder elections, and let lose the reins to the former inconveniences; but that he by good advice and Counsel made an edict, and decree to the contrary. That is the Pragmatique e Extat haec pragmatica inter Constitutiones Regias in magno earum volumine. Et in libello de Sta●u Eccles. Gallic. in schismate p. 124. which we have at this day entire, wherein we read amongst other Articles, Imprimis, that the Bishops, Patrons, and ordinary doners of the Churches of our Realm, keep their right entire, and that every man's jurisdiction be preserved. Item, that Cathedral Churches and others of our Realm have their elections, and that they be the sole judges of the validity of them. In another Article f Remonstrance of the Court of Pa●liament cap. 42. of the same remonstrance, it is said, Item, And consequently King Lewes Hutin confirmed the same edict of S. Lewes in the year 1315, and that of King Philip the Fair, who had formerly made a like Decree. And afterwards King john, the year 1551, confirmed the said ordinance of his said Grandfather Philip. All these ordinances tend to the repulsing of the usurpations of Rome, from which our ancestors had so much ado to preserve themselves. 9 The States of Germany complained also in the process of their former grievances, that the Pope, not content to usurp the right of another, in case of elections, and investitures, committed also another intolerable fault in conferring benefices and Ecclesiastical dignities upon ignorant people and strangers, Livings bestowed upon dunces or ●●●ens. respecting in his elections only his own gains, not their persons, which were indifferent to him. We have told you already what Cl●mangius said of dunces, we will yet add this out of him; You have seen many, which at their coming from their studies and Schools; nay, which is worse, from the plough, have betaken themselves to the care of the Church, and government of Parishes, and other benefices, after they had practised servile arts; which understood as little Latin as Arabic; yea, which could not read, and (which I am ashamed to speak) could not distinguish a B from a Bull-foot. He saith as much concerning their manners, declaring how those who were preferred by the Popes, were wholly addicted to vices, and dissoluteness of life. 10 Marsilius of Milan said as much, Marsilius Patav. in 2 part. def. pac c. 24. or more before him, In stead of sufficient and approved men, out of the plenitude of their power, they ordain such as are ignorant of divinity, mere idiots, and without scholarship, and ofttimes debauched persons, and notorious offenders. Charles the sixth in his ordinance of the 18 of February 1406; And when there is any question of preferring men to elective dignities, they never used those ways which ought to be observed, and which are appointed, to examine and try them; whence it comes to pass, that it being not possible that the Pope should know all men, and the state of the Churches, he admits diverse into those dignities who are unworthy of them, and sometimes such as are unknown to him, but by their money. Pragmatica Sanctio Car. 7. Charles' the 7 in his Pragmatique Sanction, saith, That unworthy persons unknown, and unexamined, are preferred by the Popes to the greatest dignities, and fattest benefices of this Kingdom. The States of Tours in their complaint say, V. Libel. d● Statu Eccl. Gallic. in schiss p. 148. So illiterate people, and not Ecclesiastical, should be preferred to livings, as we have formerly seen. Amongst the ten grievances which Germany presented to the Emperor Maximilian, to be redressed, this was one; That at Rome the government of Churches is committed to those who are the least worthy of them, and who would be more fit to govern and feed Mules than men. 11 As for strangers preferred to benefices by the Popes, there have been always great exclamations, by reason of the many evils & inconveniences which follow of it, which have been diverse times exhibited, but to no purpose. Marsilius of Milan urgeth this abuse, and shows that many are elected by the Popes, Marsilius Patav. in d●f. Pacis par. 2. c. 24. who cannot communicate or talk with those who are committed to their charge, Wherefore (saith he, speaking of john the 22) let him answer Christ, who against or after elections, made or to be made, among other monsters which he hath made, and doth yet make, he hath created two Bishops, his own country men of Languedoc, one of † Winchester. Silchester in England, the other of lands in Dacia, over those people with whom they cannot have any conference by discourse. As for their manners and learning, it concerns not me to speak of them. Let the Bishop of Rome tell me, say I, how that shepherd shall call his own sheep by their name, as knowing their conditions by their confessions, and reproving them? or how can the sheep follow him by hearing the voice of his preaching and teaching? 12 M. john Gerson in his treatise De defectu virorum Ecclesiasticorum, Gerson in decls. de defectu virorum Eccles. c. 52 wherein he sets down such things as aught to be reform in the Church, puts this, That known men, and such as are most fitting, be elected out of the same Country; that strangers in manners, Language, and education, be not sent and set over Churches. King Charles' the 7 in his Edict the tenth of May 1431, assures us that it is a law established by his Predecessors, confirmed by the Ordinance of his deceased Father Charles the 6, intimated to the Council of Constance, and Pope Martin. He further treats of the inconveniences and prejudices which follow upon it, when they are admitted; as, that divine service is ●hereby neglected, by reason of their nonresidence; that the Schools of the Kingdom are unprovided of Students, Of preferring strangers. and left desolate; that it is a hard case to see the noble and brave Scholars of the Realm unprovided, and strangers preferred; that by this means enemies and adversaries may be acquainted with the secrets of State, and the estate of the Land; that strangers reap the profits, and get the honours of it. 13 Lewes the 11 in an Ordinance made 1464, speaks hereof in this sort; Howbeit that by privileges express, and Ordinances royal, no man can have any elective benefice within our said Kingdom, unless he be a native; and that for the safety of us and our said Kingdom, and Dauphine, it concerns us much that the Bishopriques, Abbeys, and other dignities, and elective benefices be furnished with able and known men, such as will comply with us, and be firm and sure for us; especially such as hold the said benefices, and by reason of them diverse places and fortresses, for which diverse duties and services belong unto us from them: yet notwithstanding our late pious Father granted the said favours and patents so plentifully, and to all manner of persons of what Nation, Kingdom, or Religion soever they were without distinction, that many under shadow and pretence of these licences and patents, have insinuated and intruded themselves into the said dignities and elective benefices of our said Kingdom, and do hold them; howbeit many of them are strangers unknown, and not to be trusted by us; and such as neither can nor aught to perform those duties and services, which they are bound to do unto us by reason of the said benefices. Remonstrance of the Parliament of Paris to Lewes the 11. chap. 53. 14 And the Court of Parliament in those Remonstrances which they made unto him, amongst other inconveniences; which they urged would follow upon the abrogation of the Pragmatique Sanction, say; By this means strangers would be preferred by the Pope, and not the natives of the Country, wherein the benefices lie; not of the same qualities and conditions with the Country: Whereupon would ensue questions and controversies betwixt the Churchmen or Seculars, to the great hindrance of the salvation of souls, and irreverence of the blessed Sacraments. 15 Henry the 3 in the fourth Article of the Ordinance of Blois; We mean● not that from henceforth any shall be preferred to any Archbishopriques, Bishopriques, Abbeys, or to be Generals of Orders, neither by death, resignation, nor otherwise, unless he be a natural Frenchman; notwithstanding any dispensation or clause derogatory to these presents which they can obtain from us, whereto we will not have any regard to be had. The deputies of Paul the 3 touched upon this string in their reformation: Consil. delectorum Cardina●ium. to. 3. Condil. edi●. Colon. ann: 1551. pag. ●19. That no benefices (say they) in England or Spain, be conferred upon any Italian, nor on the contrary: Which ought to be observed aswell in Presentations upon vacancy by death, as by resignations, wherein regard is only had to the pleasure of the resigner, and nothing else. Their Counsel did no great good, for there was nothing done in the point for all that. CHAP. VII. Of suits commenced at Rome, and of the entrenching upon other Courts of justice, and jurisdictions. GERMANY complained also of suits commenced at Rome concerning benefices; Of drawing suits to Rome which is a very usual ancient complaint backed with sound reasons, seeing that from hence comes the squeazing of Provinces, both of their men and money: and abundance of other evils and calamities. Charles' the 6 in the Ordinance of the 18 of February 1406; They insert diverse clauses in th●ir Bulls which are sometimes inextricable; they make diverse rules beside the law, or else quite against law, which they revoke at their pleasure; insomuch that the most clear-sighted cannot discern who hath best right amongst diverse pretenders. Hence arise infinite suits in law, which they must go and prosecute out of the Kingdom with great expense and charges. 2 Charles' the 7 in the Ordinance made 1422; Divers of our subjects and others, by virtue of resignations, or Apostolic Bulls, do take and receive, and endeavour to get and obtain benefices within this Realm, V Libel: de Statu Eccles. Gallic. in schism. p. 75. and take possession of them, and labour to summon, or cause to be summoned our ●●ige subjects unto the Court of Rome, or before some Commissioners or Delegates appointed by our Holy Father; which is downright to oppose the rights and liberties of the Church and Clergy. Lewes the 11 in an Ordinance of the 16 of August 1471; The most of the benefices in our Kingdom are in suit; in the prosecution of which suits, a huge mass of money is strangely spent and squandered away; nor is it certainly known to whom the livings do of right appertain or belong: Whereupon divine service, instruction of the people, and administration of the blessed Sacraments, are ofttimes left off; and the revenue of the livings, whi●h should have been bestowed upon the reparations of the Churches there, is employed in charges of Law, and suits: Whereupon some great mischiefs and inconveniences have, and do daily come to pass. 3 Nicholas de Clemangiis, in his book De ruinis & reparatione Ecclesi●, after he hath spoken of the Canons and constitutions of the Popes, of the ambiguity of them, and the controversies which arise from thence, he adds; Nicolaus de Clemangiis in De ruina & reparat. Eccles● p. 5. It is hard to find any one, though he make his title to appear as clear as the day, that goes away with a living without all dispute: For than they think their Court to be most flourishing and fortunate, when it rings with a multitude of causes, suits, quarrels, and wranglings, with a wild and furious noise: and on the other side to be lame, miserable and forsaken, when it wants suits and is at quiet; when the incumbents do peaceably enjoy their right. 4 Cardinal Cusan in his book De concordia Catholica saith, We know the great noise of suits in the Courts both Ecclesiastical and Civil, Nicolaus Cusanus in De Concord Cath. l. 3. c. 40. p. 669. bring much hurt to the Commonwealth, by reason the suits are so intricate and endless; but especially for that causes are not ended and determined in those places where they were first conceived, in their own Country: but are oftentimes drawn to the Court of Rome, and that upon every trivial point that concerns benefices; whereas none but causes of importance ought to be brought thither. Of drawing suits to Rome 5 The Parliament of Paris in the Remonstrance made to Lewes the 11, in behalf of the liberties of the Gallicane Church, and for the retaining of the Pragmatique. Remonstrance of the Parliament Art. 60. 63,64. Item, in very deed, if these constitutions were not, there would not be a Clergyman certain of his estate. For proof whereof we may remember how they of the Court of Rome have behaved themselves herein, after it was repealed by the King. For they not only taken upon them the cognizance of causes Ecclesiastical, but also of causes concerning right of inheritance; yea and of causes royal, the cognizance whereof belongs to the King and his Court of Parliament; as hath been seen in many particular cases, where the Court sent to the King in Guien, and there the King provided for them, by remarkable Edicts, which were registered and published in the said Court. Art. 63. Item, to prove that it is a depopulation of the King's dominions, it is certain, that before these decrees and constitutions were made, by reason that reservations and donations in reversion were in force, and the cases tried in the Court of Rome, the subjects of the Realm left their Country in great numbers; some to serve Cardinals, others to be officers, others wanting service spent that means which their parents left them to to purchase some favour there, and others in great abundance to vex and trouble those that stayed at home, to get their benefices: insomuch that what by the tediousness and danger of the way, what by reason of the plague, which is commonly at Rome, the most of those that went thither died: and those that escaped these perils so molested with citations old feeble persons residing upon their livings, and such as were not able to defend themselves, that by reason of these vexations they shortened their days, and died sooner than they would have done by the common course of nature. Item, Others ambitious of preferments, exhausted the purses of their parents and friends, leaving them in extreme poverty and misery, which was sometimes a cause of shortening their days; and all the gains they got was a piece of lead for gold, and when they thought to be preferred by their patents, in comes another with an annullation; and sometimes you might find ten or twelve grantees of the same benefice● and upon the controversy thence arising, all enforced to trudge to Rome again to plead the case there: to the continual vexation of the subject, and the dispeopling of the Realm. Bernard●● Abbas Clarevall. l. 1. de conoid. ad Eugen. 6 S. Bernard also exclaims hard against these suits arising in the Court of Rome; for, addressing his speech to Pope Eugenius the 3, he saith, What means this, I pray you, to plead from morning till night, or to hearken to those that plead? with my consent let malice be content to take up the day; but the very night● are not free, there is scarce so much allowed to the necessity of nature, as will suffice for the repose of this poor body; it must rise again for these wranglers: one day begetteth suits to another, and one night certifieth his malice to another. 7 In another place he complains of the great multitude of appeals, which ●low to Rome from all coasts of the world; Idem Bern l. 2. the conoid. ad Eugen. How long must it be before you awake, and consider such a mighty confusion and abuse of appeals? They are commonly practised without either right or reason; beside all order, or custom; without any distinction or difference of place, manner, time, cause, or person; they are easily admitted, and ofttimes impiously. Those that would be wicked, were they not wont to be terrified with them? but now they, on the contrary, do affright others, and especially honest men with them: goodmen are appealed by knaves to hinder them from doing good, and they give off for the awe which they bear to the voice of your thunder. Lastly, appeals are put up against Bishops, that they may not dare to dissolve or forbid marriages; appeals are put up against them to hinder them from punishing or curbing rapines, robberies, sacrileges, & such like crimes; appeals are preferred to hinder them from putting back, or depriving unworthy and infamous persons of sacred offices and benefices. Of appeals to Rome. Which he afterwards proves by such examples as befell in his time, which we pass over. 8 Hildebert Archbishop of Tours, Hildebert. ep. 82. exhibited the like complaint to Pope Honorius the second, in these words; We never yet heard on this side the Alps, nor found any such thing in the sacred Canons, that all sorts of appeals should be received in the Church of Rome: but if haply any such novelty be crept in, and it be your pleasure to admit all appeals without distinction, the Papal censure will be undone by it, and the power of Ecclesiastical discipline will be trampled under foot: for what roister with not appeal upon the least commination of an anathema? What Clerk or Priest is there, which will not defile, or indeed which will not bury himself in his own excrements, upon confidence of his frustratory appeal; by virtue whereof, the Bishops cannot presently punish, I say not, all sorts of disobedience but, not any at all? The least appeals will break his staff, rebate his constancy, quell his severity in putting him to silence, and the malefactors to an impunity of offending. 9 They not only en●ruate the ordinary jurisdiction of Bishops, V. Marsil p. 354 36●. Centum Gravam. p. 26. Ivo epist. 269. and other ecclesiastics by their appeals, but also by other ways, without sparing of those that breathed nothing but the greatness of Rome; as amongst others, Ivo Bishop of Chartres, who after he had done much good service to the Court of Rome, insomuch that he cast himself out of favour with his Prince, and did many ill offices to France, Idem epist. 2●● was finally compelled to make make his complaint, that a cause of his depending before the Ordinary, was removed to Rome by an extraordinary way: And likewise that the ordinary course of justice is defeated and stopped by Apostolical letters, and rescripts The Germane Nation framed likewise a complaint concerning this point, and presented it to the Emperor Maximilian; Fas●ic. rerum expetend. p. ●67 The causes (say they) that might be determined in Germany, where there are both just and learned judges, are removed to the Court of Rome without any distinction. 10 The Popes have likewise gone about to usurp the Lay jurisdiction, and to draw unto them all sorts of Lay men, even in profane ma●ters, whereof the States of Germany made a grievous complaint also, which we will here insert. Seeing that not only the grounds of equity, Centum Gravamina. c. 9.10 but also the order of things doth require, that the bounds of jurisdictions be distinct and limited● and that every Ordinary content himself with his own bounds, without entrenching one upon another in the exercise of their jurisdiction; yet the Popes heretofore never considered this equity, but slighting it, have oftentimes cited Laymen to Rome, and made them appear in judgement before them; and that ev●n in causes profane, as cases of inheritance, or mortgages, and those of the first rank: Which thing tends to the loss, damage, and misprision, not only of those that are summoned, but also of the states of the Roman Empire, and to the disgrace and infringing of its jurisdiction. Item, when any man offers to affirm upon oath at Rome, that he doth not expect that he can obtain justice of his competent judge in Germany, he is forthwith admitted to take that oath, and letters are granted to him to set his adversary a day, and so the suit is removed from Germany to Rome, without ever any request made to the judge, or notice given to the party. Whereupon under pretence of this oath, neither the reasons of not proceeding, nor any other proofs are admitted, although it may be plainly convinced, that the adverse party is perjured. Which thing, if it take any deep root, and be not remedied in the beginning, all causes in fine will be devolved to the tribunal of the Court of Rome, and all Ordinaries deprived of their jurisdiction, which would be both unjust and untolerable. 11 We will here set down, by way of commentary on these Articles, the several usurpations which the Popes have made upon Lay men in point of justice and jurisdiction. Of usurping Lay jurisdiction. The Glossatour upon the Canon Law freely confesseth, Glosan C. Simo Clericu● de soro competenti. Extr. Remonstrance of the Court of Parliament to Lewes the 11. c. 61. Petrus de Ferr●●iis in forma respon. in convent. in verbo Excommunica●io. That the Pope doth daily give out writs to Clergymen, against Layiques, in all causes whatsoever; and by this means getteth the jurisdiction of the other. The Parliament of Paris urgeth this usurpation in their Remonstrances to Lewes the eleventh, Item, the Clergy would not only be molested by citations from the Court of Rome, but the Seculars would be like the Barbour before S. Dennis of the Charter, who lost his son in the Court of Rome by the Pestilence, and the Father was afterwards summoned into the Court for his son's debts, as also M. john d' Argonges, the King's Advocate. One of our old Lawyers toucheth this very usurpation, Observe (saith he, speaking of the exception in case of excommunication) that this was invented by the Pope for another reason; to wit, that his power might be therein enlarged, as well in the Civil Court, as the Ecclesiastical, which ought rather to be restrained, than augmented; inasmuch as the psaltery doth not agree well with the jettrens. 12 Other Prelates have done the like, after the example of their Head, witness the complaint of M. Peter de Cugueres against the Clergy of France; Although the cognizance of Lay men belong to the Secular judge, excepting in spiritual cases; yet the Bishop's Officials cause them to be summoned before them upon the demand of the parties; Petrus de Cugueriis in articulis Laicorum ●. 3. and if the said Lay men decline the jurisdiction of those Officials; or those Lords whose subjects they are, require that they may be dismissed, as being their temporal Lords and judges, the said Officials refuse to do it, and compel the parties by excommunications to proceed before them. He quoteth many other cases in diverse Articles, which the reader may see in the Author. CHAP. VIII. Of Ecclesiastical informations: and of the Pope's Commissaries, and Legates. 1 THe chief means whereof the Popes have served themselves against Laymen, to get the jurisdiction over them, even Kings and Princes, have been Ecclesiastical denuntiations: for upon complaint and information made unto them against a Layman, they would cause him to be summoned before them: namely then, when there was any oath in the business, or any sin might follow upon it, which commonly fell out in all causes. And suppose all this failed, the Plaintiff needed but swear, that he looked for no justice from the Lay judge, as the articles of the States of Germany have it. 2 We have a pretty example in Philip Augustus' King of France, who having some difference with King john of England, surnamed Lacke-land, concerning the Dukedom of Guienne and Earldom of Poitiers, Cap. Novit. De j●diciis extr. which Philip supposed to belong to him, because homage was not done for them; and concerning the Dukedom of Britain, which was confiscated unto him by the murder of Arthur, King john's Nephew, whom he had killed; he was summoned to Rome by Innocent the third, upon the information made by john, supposing that the Pope ought to have the determining of their controversy, by reason of an oath upon the settling of the lands formerly made between the two Kings, Attempts upon the Civil jurisdiction in France and Engl●nd. and the violation thereof: concerning which he writ at large to the Bishops of France, that they would approve of his proceeding, which was so well liked by his successors, that they canonised his Decretal, which nevertheless hath been disliked by some Divines. And for the Canonists, Gabriel Biel supra Can. Missae. lect 75. Hos●iensis & al●i in cap. Novit. de judic. extra. some of them have said, that the Protestation which he makes at the beginning of it, contradicts the Act itself; in as much as he declareth that he will not meddle with the jurisdiction of the Kings of France, which nevertheless he did; for the feudal differences being determined by the Peers of France, betwixt Philip the Lord, and john the Vassal, yet the Pope would have his Legates to have the cognizance of them; for hark how he speak●, That Philip would patiently suffer the Abbot of Casemar, and the Archbishop of Bourges to have the full hearing, whether the complaint put up against him be just, or his exception legal. The observations of learned Cujacius up 〈◊〉 that Chapter are remarkable. Cujacius in d. c. Novit. de judic. extr. He protesteth (saith he) doing one thing an●●etending another, not to intermeddle nor usurp the cognizance of the fieffs belonging to the King, which he knoweth to appertain to the King and the Peers of France, but only to have the cognizance of the perjury. And he afterwards adds; All this he wrote to appease the Prelates of France, and bear them in hand that he proceeded justly against their King, and put all his Kingdom in an interdict upon this occasion; yet for all that he gained nothing by it. 3 In the time of Saint Lewes a great complaint was made against Innocent the fourth by the Nobility of France, upon occasion of such usurpations. Yea in so much that they put out a very bitter declaration, which startled him a little, as the English Historians do record. Lo here a piece of it. Matth. Paris. in hist. Anglor. sub Hen. 3● p. 798. Et Matth. Westmon. l. 2. sub ann. 1247 All we prime men of the Kingdom, perceiving out of our deep judgement, that the Kingdom was not got by Law written, nor by the ambition of Clergymen, but by the sweat of war, do enact and ordain by this present decree, and by joint oath, that no Clerk nor Layman shall sue one another before the Ordinary, or Ecclesiastical judge, unless it be in case of heresy, marriages, and usury, upon pain of confiscating all their goods, and the loss of a limb to the transgressors hereof: for which certain executioners shall be appointed, that so our jurisdiction being resuscitated may revive again, and those who have enriched themselves by our poverty (amongst whom God for their pride hath raised up profane contentions) may be reduced to the state of the Primitive Church, and living in contemplation may show us those miracles which are fled out of the world a long time ago, and we in the mean time lead an active life as it is fitting. The Historian adds, The Pope having heard these things, sighed with a troubled mind, and desiring to appease their hearts, and break their courage, after he had admonished them, he frighted them with threats, but he did no good for all that. 4 The King of England, in imitation of our French, made also a Statute for the preservation of his justice. Matth. Paris. in Hen. 3. p. 705. The same year 1247 (saith Matthew Paris) the King of England following the example of those Lords that made these Statutes in France which were approved and sealed by their King, to tame in part the insatiable greediness of the Court of Rome, ordained that these things following should be inviolably observed. To wit, that Laymen should not be convented before an Ecclesiastical judge in case of perjury, or for breach of promise. Gregory the seventh kept a fine decorum, when after he had deposed out of hand the Emperor Henry the fourth, when he was doing his penance at Rome, and created Ralph in his stead, he would afterwards be the judge of their controversy, to see whether had the wrong. Helmoldus Presbyter in Chron. Slav●● c. 28. A German Priest makes mention of the penance appointed to the said Henry, whereof we speak in another place: he saith moreover, that in the time of the vacancy, The Pope sent a crown of gold to Ralph Duke of Suevia, The Pope's intermeddling wi●h Kings, Crown●s, and dignities. accompanied with a verse which we have cut into two as good as the Latin. Petra dedit Romam Petro, tibi Papa Coronam. The Rock gave Peter Rome in fee: The Pope bestows the crown on thee. He adds, that the Pope commanded the Archbishops of Mayence and Cullen, and other Princes and Bishops of Germany to take Ralph's part, and to make him Emperor; which was done accordingly. That the Bishop of Strasburg, the Emperor's great friend, going to Rome, after he had sought him diligently a long time through the City, and found him in the places consecrated to the Martyrs, and told him of the new election, and how much it concerned him to go to Germany in all haste, to ●ll, enfort ●his friends, and repel the force of his enemies, the Emperor making somewhat nice of departing without the leave of the Sea Apostolic, the Bishop informed him that all the mischief of the treason proceeded from the Roman treachery, and that it was necessary he should fly away privily, if he would avoid being taken. 5 The case being thus, let us now hear the narration which Gregory made hereof, in his Bull of excommunication, and his pretence for the judgement. Certain Bishops, Platina in Gregorio 7. and Princes of Germany (saith he) having been a long time vexed by that wild beast, in stead of Henry, who fell from the Empire by reason of his offences, chose Ralph of Suevia for their head and King; who, using such modesty and sincerity as befits a King, sent his commissioners forthwith unto me, to give me to understand that he undertook the managing of the Empire against his will: That notwithstanding he was not so desirous of reigning, but that he loved rather to obey us, than those who promised him the Empire: That he would be always under our power and Gods; and to the intent we may be assured that he will be so, he hath promised to deliver his children unto us for hostages. From thenceforth Henry hath begun to vex himself, and entreat us at first to repel Ralph from usurping the Empire, by anathemas: I replied that I would see who had the right, and that I would send my Nunioes' to examine the whole business, and afterwards I would judge who had the better cause. 6 They have gone so far in this point, that they have attempted to exercise jurisdiction over Kings and Princes in their own cause; Matth Westmonast. lib. 2. sub ann. 1301. p. 419. as Boniface the eighth, who having a controversy with King Edward the first of England touching the Realm of Scotland, which the Pope said belonged to the Church of Rome, he writ to him, That if he pretended any title to the Realm of Scotland, or any part thereof, he should send his Proctors and special Ambassadors to the See Apostolic, with all his rights and instruments belonging to that particular, there to receive full justice upon the premises. The King of England caused answer to be made unto the Pope by the chief Lords and Barons of his Kingdom assembled together in Parliament (as they call it) where they say concerning this point, Idem Westmonast. ann. 1302● p. 436. That the Kings of England have not nor ought not to answer for the titles which they pretend to the said Kingdom, or other temporal matters, before any judge Ecclesiastical or Civil, by reason of their royal dignity and prerogative, and the custom inviolably observed in all ages. Wherefore after mature deliberation and advice about the contents of your letters, the common and unanimous consent of all and every one of us was, and shall be without starting for the future, that our King ought not any way judicially to make answer before you concerning his right to the Kingdom of Scotland, or other temporals, nor in any wise submit to your sentence, or bring his right in question and dispute, Of turning Lay men into Cle●gy m●n. or send his Proctors and Ambassadors before you for that purpose: and we do not allow nor will in any wise allow, what we neither can nor may, that our King, (if he would) do the said things which are inusuall, unlawful, prejudicial, and unheard of; nor that he go about to do them in any wise. 7 Innocent the fourth (saith another Historian) caused Henry the third King of England to be summoned before him to answer to one David a vassal of his, and to give him satisfaction, as he said, Matth. Westmonast. l 2. sub ann 1246 pag. 206. for some injuries which he had done him: this thing was derided and made a mock of among many. 8 They have not only attempted to determine of profane matters between Lay men; but which is more, to disannul and correct the sentences of Emperors and Princes, having caused their Arrests in this kind to be enroled in their books, as marks and Trophies of their victories, and to serve for perpetual precedents for the future. Clementin. Pas●●●●●is de sentent et re judie. So Clement the fifth cassed the sentence and proceedings of the Emperor Henry the sixth, or the seventh against Robert King of Sicily● his vassal in case of treason. Hark how he speaks of it; We aswell out of the superiority, which without question, we have over the Empire, as out of that power, by virtue whereof we succeed the Emperor when the Empire is vacant, but especially out of the plenitude of that power which Christ the King of Kings, and Lord of Lords hath conferred upon us, though unworthy, in the person of S. Peter, with the advice of our brethren, declare and pronounce the sentence, and all the proceedings aforesaid, together with all that followed thereupon, or from that occasion, to be null, invalid, and without effect. 9 But see the censure which a Doctor of ours passeth upon that Clementine; Baldus in l lib●ert● libertae nu 18. de oper● liber. In this Chapter (saith he) there are somethings which taste a little of the truth of law, and somethings which do ne'er a whit taste of it; and herein the Pope hath been more partial than Apostolical. 10 Now because the Popes found some resistance now and then, when they attempted the jurisdiction over Lay men, to make the stream of their usurpation run more even, they begun to metamorphize Lay men into Clergy men, or (to speak more properly) to dress them up in a Mask, and make them appear such when they came to them. Marsilius of Milan hath detected this policy unto us; Boniface the 8, Marsilius Pa●avin. in de●. ●a●. part. 2 c. ●. (saith he) to enhanse his Secular jurisdiction, ranked all such amongst the number of Clergymen, as had married a Virgin, and who contented themselves with one wife: and ordained by his Decretals, that they should be accounted for such. And not containing themselves within these bounds, they have exempted from all hu●●●●● Civil Laws, a company of Lay men, whom in Italy they call Fratres Gaudentes, but elsewhere Beguins: as also the Templars, Hospitallers, and other such like Orders; together with them that are called, De alto pas●i●. And by the same reason, they might do so with all the rest. But if all those that be of this kind, be thereby exempted from the jurisdiction of Pri●ce●● according to their Decre●als; it is very probable that most part of men will enter themselves in their societies, considering that they receive, without any ●ifferenc●, aswell the unlearned as learned. 11 M. Peter Cug●ores said the very ●●●e in his plead; Petrus de Cug●eriis in articul●s La●cor●● contra Praelato● c 23. p. 21●. To the end that the Ecclesiastical Court may be enlarged. (saith he) the Prelates make a great many shave-pates, some infants at under age, some the children of servants● some married me●●●learned and insufficient. We will conclude this discourse with the saying of Cy●●● Pist●r●usis, Cy●us Pistoriensis inter e●s §. ne ●ew●re. C de apple. Centum Gravam●●. 12. one of our ●ost ancient law commentatours, The Pope's Court ●o●ld gladly have all the world to be squ●●azed in it, so great is their insatiable desire of 〈◊〉 and 〈…〉 12 The States of Germany 〈…〉 ●efo●●ation in respect of the Pope's 〈◊〉 and Delegates, which 〈…〉 all Provinces● and which are ever a means to augment both his power and riches. Of the Pope's Commissaries and Legat●. The Pope's Holiness (say they) upon the request of the Clergy, is wont to send his Commissaries and Delegate judges through Germany, as judges Ecclesiastical, to the end that the plaintives that procure them may cause Lay men of what rank and quality soever, to be convented before them in judgement for profane matters. Lib de Statu Eccles● Gallic. in schismat. p. 75. 13 The Peers of France complained likewise of these Commissaries and Delegates in the time of S. Lewes, as we have seen proved already out of the place before cited. So Innocent the third delegated the Abbot of Casemar, and the Archbishop of Bourges, to judge the controversy between the King of England and France. 14 Charles the seventh speaks of these Commissaries in his Ordinance of the year 1422; Divers (saith he) do endeavour to cite our subjects, or cause them to be cited in the Court of Rome, or before certain Commissaries or Delegates of our Holy Father, which is directly to offend against the liberties and privileges of the Church, Concil. Trid. Sess. 25. c. 10. 15 So far is the Council from providing against this complaint, that point blank to the contrary it hath ordained certain delegated judges, whom it will have appointed and sent into every Diocese, to the number of four or upwards; according to the nomination which shall be made in the Provincial Synod, or Council of the Diocese, so as the names be sent to the Pope: As if there were not judges enough already, even Ecclesiastical, but they must needs proceed to a new creation. Which mainly concerns Kings and Princes, without whose will and consent, new judges cannot be established within their Dominions. 16 They addressed a complaint also against the Pope's Legates, which are his Quaestors and Treasurers, whom he sends into the Provinces; who like those that traffic in Peru, bring us little guegawes, to transport our gold for them: Yea which proceed further now adays, and embroil themselves in making of Leagues to alter the state of Countries. The request which they made was very pertinent; namely, that it might not be lawful for such Legates to legitimate bastards, incestuous persons, and such as were got by a damnable copulation, Centum Gravamina c. 9●. so as to qualify them to inherit with other legitimate children, and make them capable of all offices and dignities. 17 This power hath been oftentimes granted to the Legates that came into France, and amongst others to Cardinal de Boissy, who was sent hither Ann. 1519, in whose faculties this Article was included; The power of dispensing in default of legitimate birth for inheriting of lands. As also to the Cardinal of Ferrara 1561 in the 6 Article of his faculties; And likewise to legitimat all bastards of either sex, even those that are borne by unlawful and damnable conjunction, See the Grand R●●ueil des Ordonnances de Fontan●n. tit. 4. des Legates. Extant. Parifiis excusae hae facultates, apud Vincen●ium Sertenas ann. 1561. Espensaeus in comment. in ep. ad Titum. c. 1. digress. 2● p. 66. jointly or severally, so as they may be admitted to their father's inheritance, and all other goods whatsoever, whether hereditary, or emphyte●tiques, without prejudice of those that should succeed the intestate, and received to all kinds of dignities, Magistracies, offices as well public as private; and to exercise them in like manner, as if they had been truly begot in true and lawful Matrimony; and to clear them and take away all stain of birth, and restore them to their original legitimate rights of nature. 18 Espensaeus exclaims against these legitimations, and condemns them as illegitimate; What shall we say (saith he) of this, that by means of this money, they legitimate bastards, or such as are begotten by a damned conjunction, in unlawful marriage against the laws of God, the Church, and the Prince; making th●m capable an● fit for the administration of all places and dignities, and to share equa●●y in the inheritance with the lawfully begotten. He disclaims also diverse other Articles of these kind of faculties, Of th● faculties of the Lights. as appears by the passage which we have urged elsewhere, speaking of the penitentiary taxes of the Church of Rome. 19 This power was never more than imaginary in France; for Legates were never permitted to exercise this faculty there, as being contrary to the Laws of the Land, and indeed hark what the Collection of the liberties of the Gallican Church saith concerning this point; The Pope cannot legitimate bastards and illegitimate persons, Recueil des libertes de l' Eglise Gallican● c. 14. so as to make them capable of succeeding, or being succeeded by others, nor to bear office, and purchase temporal estates in this Kingdom. 20 Many other abuses might be here alleged which are committed in these faculties, as they call them, & that in particular, which is so ordinary that it can never be forgotten: To derogate from all Decrees of Counsels, and dispense with them, or (as others term it) to put a dorre or obstacle before the Council, and other Constitutions derogatory to them. Of which abuse Gerson speaks thus: Nicolaus Cusanus l. 2. c. 20● It is not lawful for the Pope to make so much ado about these obstats which are ordained in General Counsels. Cardinal Cusan in his book De Concordiâ Catholicâ, makes a large Chapter of this. But we should have enough to do if we would seek out all the abuses and usurpations of the Court of Rome. CHAP. IX. Of the Pope's usurpation of Lordships, and Kingdoms. 1 THey have laboured hard to usurp Lordships, Kingdoms, and Empires, insomuch that they quite forgot the care of Spirituals. Two main causes have moved them hereunto, Avarice and Ambition. We shall here prosecute only so much as concerns the first, or at least as belongs jointly to both. Mar●ilius● Pat in def. pac. part. 2. c. ●5. Marsilius of Milan, Not content with those temporals, which were bestowed upon them by Princes, by reason of their insatiable appetite they have seized upon many temporal things that of right belong to the Empire, as the Cities of Romandiola, Ferrara, and Bononia, with diverse other possessions, and many lands, and Lordships, then especially when the Empire was vacant. 2 Langius reporteth a passage out of the Chronicles of Engelbert Wester●itz, Paulus Langiu● in Chron. Citizens. sub ann. 1405. a Clerk of Brandenburg, where as much is said of the City of Rome, The keys whereof (saith he) were presented by the Citizens to Innocent the seventh, with branches of Palm trees, and the temporal dominion thereof granted unto him. but with little equity and commendation; forasmuch as the abundance of temporal things are no little impediment to spiritual; and the Pope, who is Saint Peter's successor, ought not to take this dangerous temporal dominion upon him; for we never read that in former times, even after the donation of Constantine, (in which our curious Canonists do greatly hug themselves) that any Pope did administer the temporal dominion of the City of Rome: but in these latter days, and within our memory some Popes have ventured to meddle with it, thereby heaping upon themselves both cares and troubles; howbeit, from all antiquity, Rome was ever the royal and imperial City, else he that should be lawfully preferred to the Empire by the Electors deputed, Pope's usurpation in Rome, Fr●nce, ●nd Pol●nd. whosoever he were, should be vainly and idly called the King of the Romans, as commonly he is by the ancient Historians. 3 There is nothing here but very true: and yet our Popes, beside the donation of Constantine, Can. Ergo Ludovicus. dist. 63: have forged us another made by Lewes the Gentle, who bestowed upon them the City of Rome in express terms, howbeit the ancient Historians speak not a word of it, and it is plain they never enjoyed that right till within this little while, to wit, after the time of Boniface the ninth: who being entreated by the Roman●s to remove his seat from Avinion to Rome for the great gains which they presaged they should reap by the approaching year of jubilee, he being arrived there, seized upon the Citadel of the Castle of S. Angelo, and made himself master and commander of the City for him and his successors. But let us hear the testimony of Guicciardine concerning this. Franc. Guicci●rdine in his history of Italy l. 4. 4 Being returned to Rome upon these conditions, while the Romans were busy about the gains that year 1400, the Pope having got the command of the City, fortified the Castle of St. Angelo, and bestowed a garrison in it, whose successors till Eugenius, although they were troubled with diverse difficulties, yet having fully established their government for the future, the succeeding Popes have ruled the roast at Rome at their pleasure, without any contradiction. 5 But we shall speak more at large of such usurpations as these hereafter; we will only observe, that the Popes were ever so crafty in the managing of Empires and Kingdoms, under the pretence of spiritualty, as to pick out something always for their own advantage. Matth Westmonast. l. 2. sub ann. 1301. Polydor. Virgil. l. 17. Anglic. hist. So Boniface to take up the quarrel which was betwixt the King of England and Scotland, whom the other King pretended to be his vassal, came in play as to assist the Scotch, Affirming how that Kingdom belonged of right to the Church of Rome, and that it was in his power only to give it or take it from whom he pleased: which he affirmed so as that he would needs be the judge himself, but he met with a people that would not believe him. 6 A certain King of Poland called Casimire, being turned Monk, and enured into the Abbey of Clunie in France, was dispensed with for his vow by Pope Bennet, Albertus Crantzius Wandal. l. 2. c. 37. at the request of the Polanders, repenting themselves of their fault; so as he had licence both to reign and to marry: but, for the pot of wine, It was ordained by the Pope, that the Polanders should pay a yearly pension to S. Peter's Church in Rome, for maintaining of candles, which is called in Polonish, Snatro Petre, that is, S. Peter's Saint. 7 Charles of Anjou, brother to S. Lewes the King, was by Clement the 4, who prosecuted the design of his predecessor Vrban the 4, Platina in Clement 4. Declared King of jerusalem and Sicily with this condition, that he should pay forty thousand crowns yearly to the Church of Rome by way of fee. Wherein two usurpations are remarkable● one in the manner of the fee which Peter Anaclete the antipope had formerly laid upon Sicily: Albertus Crantzius Norman. l. 4. c. 16, 17. Matth. Paris. in johan. p. 225. the other in the tribute, which Clement the fourth added de ●ovo. 8 But there is nothing so memorable as the usurping upon the Kingdom of England, where excommunication was openly profaned. King john of England being at enmity with the Lords of the Land, by reason of certain injuries pretended to be done unto them by him, was excommunicated by Innocent the third, the year 1513. This excommunication was carried from Rome by Stephen Archbishop of Canterbury, William Bishop of London, and Peter Bishop of Ely, who thundered it out in France, where that King had then certain Earldoms and Dukedoms, Verba Matthaei Westmonast. p. 92,93. after they had acquainted King Philip Augustus with the whole business, Whom those Bishops commanded, as also all others for the remission of their sins, Pope's usurping u●on the c●●wn of E●gl●nd. that invading England in hostile manner, they should depose King john from his crown and dignity, and substitute another worthy of it● by the authority Apostolic. The King of France having such a wi●●ed occasion offered, Se●tentia ●adem etiam apud Parisiensem. made ready for warre● and mustered up an army: But in the mean time, (behold the fraud,) while the coming of the King of France was expected by sea, Pandulphus the Popes Legate, coming out of France, goes to King john, tells him what eminent danger he is in, shows him how he is utterly undone, unless he shadow himself under the Pope's wings. The King having learned from him how this protection might be, swears upon the holy Evangelists, in the presence of the same Pandulphus, that he will submit unto the judgement of the Church. Which judgement of the Church was, that this poor King should be a vassal, a slave, and tributary to the Church of Rome. Hear the words of the same Author ensuing immediately afters Idem West●●nast. p● 93● Than he resigned the Crown of England to Pope Innocent, and did homage unto him, bringing a most free country into bondage, to be made King of his own Dominions, and that with a tribute, having framed an instrument hereof to be pitied and abhorred of all those that understand it. 9 He that would read the Conveyance may find it at large in the Histories of Matthew Paris, and Matthew Westminster; we will here relate so much of it as shall serve our turn; We offer and give unto God● and to his blessed Apostles Peter and Paul, to our mother the holy Church of Rome, to Pope Innocent the third, and his successors, all the right of Patronage which we gave to the Church of England, together with the whole Realms of England and Ireland, and all their rights and appurtenances, for the remission of our sins, and the sins of our progenitors (as well alive as dead) and receiving at this present from God and the Church of Rome, all the premises as a vassal and feudatary, for which we do liege homage, and promise fealty to Pope Innocent and his Catholic successors. And afterwards. And in witness of this our gift and grant, we will and decree that the Church of Rom● receive yearly a thousand Marks ●●erling of the proper revenues of our said Kingdoms, besides the Peter-pences. 10 After this, that honest john Lack-land was absolved from ●is excommunication, And my Lord Legat began earnestly to advise the King of France to desist from his enterprise, Matth. Paris. ubi supra. who was now in readiness to pass over into England with great forces. So Matthew Paris. Another relates it thus. The King of France being cozened by the many talks and fair words of the Pope's Nunioes', seeing King john sheltered under the shield of the Court of Rom●, gave over his enterprise after he had spent forty thousand pounds upon it, receiving thereby a great deal of shame. Thou wrongs him, Englishman, Matt●● Westmon. ubi su●●●. it is the sanctity of Rom● which should have blushed at it rather. 11 This history with diverse others of this kind which we could urge, prove that to be true which Marsilius of Milan witnesseth. The Bishops of Rome (saith he) having thus broken the ice, they first excommunicated some, under pretence of labouring for peace and unity amongst the faithful people of Christ, whereas it is indeed because they refused to stand to their judgement. Afterwards passing sentence against them both real and personal, and very roughly against some (namely such as are of least abilities to resist their power, such are particular persons, and commonwealths in Italy) more mildly against others, as Kings and Princes, whose assistance and coactive power they are afraid of (on whom notwithstanding they encroach by little and little) and they endeavoured ordinarily to do it by usurping upon their jurisdictions, having the boldness to throw at all at once● by reason whereof, their close prevarication hath hithertoward● kept secret, forasmuch as concerns the Emperors of Rome and their subjects; Of the Pope's Kindred. yet so as that now they say they have all the coactive temporal jurisdiction. 12 The Emperor Frederick the second being excommunicated by Gregory the ninth, could not make his peace with him without a great sum of money. He obtained it not (saith Platina) till he had given twenty hundred thousand ounces of gold to the Church of Rome, Platina in Greg 9 p. 167. Blondus l. 7. decad. 2 p. 282. for the damages which he and put it to, and till he went in the habit of a supplicant as far as Anagusie to the Pope: About the year 1338. 13 Lewes King of Hungary was compelled to buy Campania at a dear rate of Clement the sixth, which belonged to him as heir to his brother Andrew. About this time (saith Aventine) the King of Hungarie's Orators stuck fast in the same mire at Avignon. johannes Aventinus, ex Iohanne Mysta Strigenen●i, l. 7 annal Boiorum p. 627. Lewes' King of Hungary, that he might not be excluded from his brother's kingdom, bought Campania the inheritance of his brother Andrew, which was set to sail by the Pope, and gave him two millions eight hundred and sixty thousand crowns for it. 14 Now these great treasures which they rake up together, are partly for themselves, partly for their children, nephews, and other kinsfolks, which are oftentimes seen to be both beggars and Princes on one day. For the first thing they do after they are settled, is to prefer and ennoble their kindred, and divide amongst them not any petty sums of money, but whole Earldoms, Dukedoms, and Principalities, to make them Generals of Armies, and such like things, so as all the pomp and magnificence is for them. 15 This was in fashion in Marsilius de Paduaes, age, who lived about 336 years ago; for speaking of the Popes, he saith, They either bestow when they are alive, Marsilius Pat. in des. pac 2. part c. 11. p. 201 or bequeath when they are like to dye, as great sums of money as they can; not upon the poor, but upon such as are linked with them in affinity or otherwise, however they be, robbing the poor of them. The author of the Vergers dream makes the Knight speak thus: Le Songe du verger c. 24. Ye never consider the goods of holy Church which your children, your nephews, your parents, and sometimes other lewd persons catch away. 16 Roderick Bishop of Zamore in Spain, and Constable of the Castle of St. Angelo, Rodericus episc. Zamorensis in Speculo humanae virae. impress. Bisuntii. ann. 1488. in his Book entitled The mirror of man's life, dedicated by him to Pope Paul the second, about the year 1488. amongst other cares and inconveniences of the Popedom reckons this for one: First (saith he) domestic care is an hindrance; and beside, that most unjust greediness, and (as I may so say) most enraged madness of preferring their parents, of perpetuating their family, Frances Guicciardine in his fourth book of the History of I●●ly. their kindred, and the whole generation of such as are descended of their blood; for some Popes would not have one only, but many great families and noble houses owe their original to them, and have honourable principalities springing from them. 17 These are they of whom those words in the ordinance of Lewes the 11, made the 16 of August 1478, aught to be understood. It is a strange thing (saith he) that the unjust exactions of the Court of Rome should be suffered; such are their expectative Bulls, and other like knacks, their money for vacancies, which is levied contrary to the holy Canons and Decrees, and contrary to the determination of the Catholic Church and sacred Counsels, that what is so gotten may be employed in purchasing of Earldoms and Lordships, to bestow upon people of mean condition, and to prefer them without any precedent merit, without any service or use which they can do to the Church, or for the defence of the faith. 18 Francis Guicciardine in the fourth book of his history of Italy, in the discourse which he makes of the Popes of Rome (which hath been expunged by some † It is effaced by the Inquisition out of the Original in in most editions, but the English reader may find the whole passage set forth by Dallington, with a discourse upon it. As also annexed to The history of the Council of T●ent. cozeners) amongst other vices and abuses which he observes in the Popedom thi● is one, An earnest and everlasting desire of preferring their children, their nephews, and all the rest of their kindred and allies, Of the luxury of Po●●s. not only to inestimable riches, but also to Kingdoms and Empires. And a little after; To exalt their kindred, and rai●e them from a private state to principalities, they have of late years been the authors of wars, 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. Guicciardinc in his fourth book of the history of Italy Their study and business is not only (saith he, speaking of the Popes) holiness of life, nor the propagation of religion and charity towards God and men● but arms and wars against Christians, handling sacred things with bloody thoughts and hands; but an infinite desire of money, new laws, new tricks new inventions to ●nhanse their rents from all parts; for which ends they shoot out their celestial arrows, they most impudently practise a trade and traffic of all things sacred and profane; whereby their riches being augmented to an excessive greatness, 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 conductor of the Pope's army, of one who was Leo the tenths favourite. 20 Let us pa●se a while upon this luxury which he speaks of, and set down the complaint which diverse others have made against it: First, that which S. Bernard saith to Eugenius the 3, D. Berna●dus lib 2. the considerate. ad Eugenium Papam. I do not spare you here (saith he) that God may spare you hereafter; show yourself a shepherd towards this people, or else confess that you are not so; you will not deny that you are, leas● you should deny yourself to be his successor, in whose See you sit, that Peter, who for aught that we know, never went adorned with precious stones, attired in silks, and clothed 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 commandment, If thou love me● feed my sheep. 21 john Sarisbury Bishop of Chartres, who lived about 1180, saith, joannes Sarisburiensis in Policratico l. 6. c 24. That the Pope is burdensome and insupportable to all men 3. ●e builds Palaces out of the ruine● of Churches; he goes accoutred not only in purple, but in gold. 22 Marsilius of Milan. Marsilius Patavinu● in def. peace part. 2. c. 11. Let them tell me, I pray them, with what conscience, according to Christian Religion, they spend the goods of the poor, living after a worldly fashion, upon so many unnecessaries in horses, servants, banquets, and other vanities and delicates, both secret and public? They, I say, who for the ministry of the Gospel, aught 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. The Pope's flatterers. 1 ONe of the main points touching the reformation of the Popes, is the unbridled and redoubted power which he challengeth both in spirituals and temporals; considering that he pretends to have an absolute and sovereign power over both: It were fitting, me thinks, to set bounds to the plenitude of that power which hath neither banks nor bottom; 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 Christendom, by the ears together; which is the source and fountain of all our miseries, and against which there have been so many complaints exhibited upon this occasion. Consult d●lectorum virorum Tom. 3. Concil. edit. Colon. 1551. 2 Paul the thirds Delegates had a touch at this point in their reformation● In former times (say they) the truth could not have access to the audience of certain Popes, by reason of certain flatterers which magnified and extended their power too much: persuading them that they were Lords paramount of all, and might do any thing what they list: from this spring have so many miseries in great floods overflowed the Church, that she is now quite overborne and drowned. See here what they say, who were conjured by the Pope upon oath, and upon pain of excommunication, to tell him the truth of all that required reformation. We have formerly observed a place in Zabarel of the like strain with this. joannes Gerson de potest. E●cles. Confid. 12. 3 Master john Gerson in his book De potestate Ecclesiae, hath the very same; On the other side, (saith he) upstarts cunning and glozing flattery, whispers the Clergy, but especially the Pope, in the care. O how great is the height of your Ecclesiastical 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 successors: So that Constantine gave nothing to Pope Sylvester, which was not originally his own, but only restored unto him what he injustly detained from him. Again, as there is no power but is of God, so there is nothing temporal or spiritual, Imperial or Regal, 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 kind of sacrilege. To whom no man may say, Why do you so? although he should exchange, purloin, of sell all the temporals, the goods, lands, and lordships of the Church. Let me be a liar if all these things are not written by such as seem to be wise men in their eyes, and if they have not been believed also by some Popes. Marsilius in def pac. part. 2● c. 25. 4 So Marsilius of Milan 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 wickedness, namely the plenitude or fullness of power; which they say was given to them in particular by Christ in the person of St. Peter as that Apostle's successors: By reason of which accursed title, Plenitude of the Pope's powe●. and their sophistical manner of discourse, they use a certain captious kind of arguing by equivocation, and labour to bring all Princes in the world, all people, all corporations, and particular persons within their servitude. For having first taken that term in the sense whereby it signifies an universal cure of souls, and the power of absolving men from sins and punishments; under colour of piety, charity and mercy, underhand, and by little and little they come to take it in a sense, where by plenitude of power is understood an universal authority and supreme jurisdiction, or coactive sovereignty over all Princes, all people, and all temporal things. 5 Gregory of Heymburg, a Germane Lawyer who lived in the time of Pius the second, about the year 1460, saith, Grego●ius Heymburgensis in De consut. primate. Pap in princ 2 part. After this the Pope's being carnal, have presumed so far as to arrogate unto themselves a fullness of power, by virtue of their Decrees, (as if that were an authentic book) which they cannot prove out of Scripture: Yea so far forth as that Adrian the second denied his benediction to Frederick the first, when he asked it as his predecessors were wont to do, and that because he held the left stirrup when the Pope alighted off his horse, and not the right, as the Pope desired he should have done. Good God what a proud fellow was this! And after he hath set down the means which they used to arrive at this plenitude, and given some examples of them, he adds, Well may our Pope's call and write themselves Christ's Vicars and S. Peter's, considering what we have said, as if they derived from them the whole plot of the Plenitude of power; which St. Paul notwithstanding calls folly. 6 Peter de Ferrariis a Paduan Lawyer who lived about the year 1400, Petrus de Ferrariis in form. Opponend. Contra testes. in ver. Contra jus. p. 164. in his plead of law, saith; As for Plenitude of Power, which is used of l●ter times to be ascribed to the Pope's privileges and rescripts, it is against God and all law, to the perpetual detriment and everlasting infamy of their souls. 7 Clement the fifth assumes this Plenitude of Power, Clement. Pastoralis De sent. & re judic. Extra. unam Sanctam. de major. & obedient ●an. omnes. dist. 22. and extends it to Empires and Kingdoms, as do also other Popes of whom we shall speak anon. 8 From this Plenitude of power are deduced those grand maxims which the Pope and they of his Court take for granted, but good Catholics have ever denied them. We will here set down some few of them, (not all, for that would require a large volume) which we will produce either out of the Popes own books, or out of such Doctors and interpreters of theirs, as are avowed and approved by them. Behold here one of them in the first place which seems to comprehend all; a Lanc. Conrade. in Templo omnium judic. l● 2. c. 1. §. 4. That the Pope is holden to be Christ's Vicar, not only in respect of things in earth, in Heaven, and Hell, but even over Angels both good and bad Let us now set down the rest in order. The b Baldus in l. Rescripta. C. de praeci. Imper. off nu. 7. Pope alone hath all the dignity and power which all Patriarches ever had. The c Baldus ibid. Pope's power is greater than the power of Saints. The d August. Triumphus (●ive de Ancona) in De potest. Ec. q 18. art. 1. Pope, to whom is committed the government of the Universe, excels all Angels in jurisdiction. The e Idem ib a 2. Pope is greater than the Angels in respect of the administration of the Sacraments, which was not committed to them by reason of their insufficiency whereby they are not fit for it. The f Idem ibid. art. 3. Pope is greater than the Angels, as touching dominion, not in respect of himself merely, but by authority from God. The g Ibid art. 4. Pope is inferior to Angels, in regard of natural knowledge, but in regard of gratuitous revealed knowledge, he is above them. The h Ibid art. 5. Pope as concerning recompense of reward, may be superior to any Angels. The Pope may excommunicate the Angels. Th● Pope's 〈◊〉. 10 Besides, the Popes suppose the Angels to be but their ushers and Sergeants. I did think that what is related of the Bulls of Clement the fifth, whereby he commands the Angels to take souls out of Purgatory and put them in Paradise, was but a fable; howbeit they which urge them, assure us that they are extant at Vienna, Poitiers, and Lymoges: Extat h●● Bulla in tract. de materiis indulgentiarum● joannis Phesfer Wittenberg Theol Pro●ess. in Vnivers. Friburg. scrip. a●●. 147●. Decisio 1. vel 447. ●n compila. Rebuffi. Edit. Lugduni ann. 1555. p. 27. Extat haec Ep. Nicholai 1. ad Michaelem Const. to ●. con. Vnde sumptus Canon. Satis evidenter. dist. Augustin. Steu●cheus in lib de Donat. Constan●stantini. Audi● summum Pontificem à Constantino Deum appellatum & babitum pro Deo? hoc videlicet factum est cum illum praeclaro illo edicto decoravit. Adoravit u● Deum. Augustin. Bero●us in rubric. de offi●. deleg. nu. 10. Baldus in l. ult. C. de senten. rescindend. Lancelotus Conradus l. 2. de templo omnium judic. c. 1. §. 4. de praestantia & potesta●te Pont. maximi. Idem ibid. Idem l. 2. c. 1. §. 4. Hostiensis in tit. 4. de transtat Episc. & ●lii. Lancelot Conradus ubi supra Bellar. de Rom. Pont. l 4. c. 5. Idem Lanc. l. 2. c. 1. §. 4. De reservati● Pontifici. Cap. Debitus de appellation. Idem Lancelot. l. 2 c. 1. Baldus in cap. Cum Super. de causis propriet. & possess. Id●m in cap. Eccles. u● lite pendente. Lancelot Conrade. ubi supra. l. 2. c. 1. §. 4. Ceremonial. P●●tif. l. 3. tit. 1. but I have met with one of Clement the sixth, where, speaking of altering the jubily from a hundred to fifty years; he ordains among other things, That if a man be going to Rome upon devotion in the year of jubily, and happen to dye by the way, he ●●all be totally acquitted and absolved of all his sins. And he afterwards adds, Howsoever we command the Angels of Paradise that they convey his soul into the glory of Paradise, being totally absolved from the pains of Purgatory. 11 They pretend also to be greater than the Apostles: Harken what is said to this point in the late decisions of the Rota of Rome; All that the Apostle hath commanded or prohibited is from God and the Holy Ghost, and binds all men; I mean of inferior persons, not of the Pope, who is greater in power than the Apostles, and therefore may dispense with the Apostles. 12 Nay they make themselves equal to God, and pride themselves in being called Gods. Pope Nicholas the first, in an Epistle to the Emperor Michael, saith, It is evident that the Pope was called God by the devout Prince Constance; and it is a plain case that God cannot be judged by man. The Gloss would have this honour communicated to other Bishops, who (it saith) are called Gods likewise: But there be other interpreters who inform us, that it is peculiar to the Pope only, and that the title is not given unto him as unto others by way of hyperbole, but that he is a God indeed. 13 Augustin Steucheus, the Pope's Library-keeper, Knowest thou not (saith he) that Constantine called the Pope God, and accounted him so to be? So he did when he honoured him with that goodly Edict, he worshipped him as a God. And yet Constantine spoke of Bishops in general, for it was at the Council of Nice, and not at the time of that pretended donation which never was made. 14 Elsewhere it is said, That the Pope is equal to God: That there can be no appeal from him to God: That he is God upon earth: That as God he can judge of the verity of the fact, and according to conscience: That he is never supposed to judge otherwise than God himself: That God and he have one and the same Consistory: That he can determine against the law of Nature, the law of Nations, and the law of God with reason; yea that sometimes he can make expositions and limitations against the law of Nature, of Nations, and of God, with reason or without reason: That he must be believed upon his bare word, even to the prejudice of another: That if he prefer an unworthy person, it is to be thought he dispenseth with him: That he can make something of nothing: That he can go against all Counsels and Statutes: That he can make wrong to be right: That he can do any thing beside law, above law, against law: To whom no man may say, Why do you so? Whose pleasure stands for reason: Whose power may not be disputed, without incurring the crime of sacrilege, forasmuch as he is the cause of causes, and the just cause; and for that it is to be presumed that whatsoever pleaseth him is just and reasonable. 15 Divine honours have also been ascribed unto him: for it is appointed and prescribed in the Ceremonial, That all persons of what dignity or degree soever, when they come before the Pope shall bow the knee thrice before him at a certain distance, and kiss his feet. Thence follows adoration. The Bishop of Zamore saith; The Pope's usurped power over Princes. Let him be highly honoured, let him be extolled and adored in all the parts of the world, let every knee bow before him, as is fitting they should Menot●● speaks of these honours with a very good grace; I will make him speak in his own language for the elegancies sake: Rodericus episc. Zamoren●is in Speculo humanae vitae. l. 2. c. 3. Michael Menotus in Sermon. quadrages. feria 3. post 2. dominicam quadrages Haec est Arnulphi Aurelianensi● episcopi oratio habita in Concilio Rhemensi. Acts inserta. Nec est bodie princeps super terram qui non flectat genua coram Domino Papâ, & qul non se multum aestimet, qui ne se tienne bien fire, ejus pedes osculari. joseph Stephanus a Devine hath writ a book in our days which he entitles Of the adoration of the Pope's feet. 16 These excessive honours, and this divine power which is ascribed unto him, have constrained some to cry out and complain of them. In the Acts of the Council of Rheims under Hugh Capet, we find these words directed to the Pope: What think you (Reverend Fathers) who that should be that is seated in the highest place, who glisters with a garment of gold and purple, I say, who think you that should be? if he be without charity, and be puffed up and exalted only for his knowledge, than he is Antichrist sitting in the Temple of God, and carrying himself as God: but if he be neither grounded in Charity, nor exalted in knowledge, he is like an image, like an idol in the Church of God. 17 The Emperor Frederick the second in the letters which he writ to the Princes of Germany, saith; The Pope being grown over wealthy to the great decay of Christian piety, thinks he may do any thing, like most wicked tyrants, as if he were a God, he will not give any reason for his actions to any man; he takes upon him that which belongs to God alone, for it is thought he cannot err. Eberhardus episc. Salisburiensis apud Aventinum l. 7. Annal. Boiorum p 547. 18 A Germane Bishop who lived under the same Emperor, in a certain Oration which he delivered in an assembly held at Rhegimburg, saith amongst other things, That the Popes will never have done till they have trampled all things under their feet; till they be seated in the Temple of God, and exalted above every thing that is adored. And a little after. He that is a servant of servants desireth to be Lord of Lord, just as if he were God. 19 One of our old French practitioners hath made the very same complaint. joannes Faber in praesat. ad justinian. Institut. Papa in verbis se dicit servum servo●um, de facto tamen se adoraripermittit● quod Angelu● in apocalypsi refugit. Zabarella Card●nal Flor. in tract. de schism. Pont. Can. Constantius dist. 96. The Pope (saith he) styles himself in words a servant of servauts, but in very deed he suffers himself to be adored, which the Angel in the Revelation refused to do. A learned Cardinal of Florence reproves the Pope's slatterers, because they bear them in hand That they may do any thing, that they may do what they please, even things that are unlawful, and so more than God himself: whence infinite errors have proceeded. He afterwards adds, that in the Council which shall be holden about the reformation of the Church, It will be fitting to advise concerning the honour which shall be done unto the Pope, that there be no excess in it, that he be not honoured as God himself. 20 They take upon them also all power, authority and jurisdiction over Emperors, Kings, and Christian Princes, and over all temporalties whatsoever. We will here insert some of their maxims concerning this point: First, that which they say is contained in the donation of Constantine: To the end that the Pontificial dignity be not disesteemed, but more eminent in glory and power than the Imperial, we give and grant to the most blessed Bishop Sylvester, universal Pope, our Palace and City of Rome, together with all the Provinces, Palaces and Cities of Italy, and of the Western Countries: we decree by this our Pragmatique Sanction, that he and his successors may dispose of them, and that they shall belong to the right of the holy Church of Rome. By this pretended donation all the Princes of Europe are made the Pope's vassals and subjects. They say further, 21 That a Cap. unam sanctam. extra● de majorit, & obed. it is necessary to salvation to believe that every creature is subject to the Pope of Rome. 22 That b Ca 1. Extra● de Cons●●t. he is set over Empires and Kingdoms. O● t●● Pope's 〈◊〉. 23 That c C●●undament●. de elect ju. he carrieth both the temporal sword and the spiritual. 24 That d Clementin. Pastoralis. de r● judie. the Empire depends upon the Pope, and that he hath dominion over it. 25 That e August. de Anco●a. De Potest. Ec●les. q. 36. art. 2. the Imperial or regal power is borrowed from the Papal or Sacerdotal, for as much as concerneth the formality of dignity, and receiving of authority. 26 That f Idem ibid. q. 35 art. 1. he may choose an Emperor himself upon just and reasonable cause. 27 That g Lancelot. Conradus in templo ●mnium judic. l. 2. c. 1. §. 4. he may appoint guardians and assistants to Kings and Emperors, when they are insufficient and unfit for government. 28 That h Idem ibid. de Praest. & potest. Pontis. maxim. he may depose them, and transfer their Empires and Dominion● from one line to another. 29 That i Ca Venerabilem extra. de electione. Pope Zachary transferred the Kingdom of France upon Pepin. 30 That k August. de Anc. q. 37. a. 1. the translation of all Kingdoms whatsoever was done by authority of the Pope, or of some other that represented him. 31 That l Idem q. 37. art. 2. the Empire was transferred upon the Romans by the Pope's authority. 32 That m Idem q. 37. art. ● the Empire was transferred from the Romans to the Grecians by the Pope's authority. 33 That n Idem q. 37. art. 4 Et ●a. Venerabilem. extra de el●ctione. the Empire was transferred from the Grecians to the Germans by the Pope's authority. 34 That o Idem August. q 37. art 5. the Empire may be transferred from the Germans upon any other by the Pope's authority. 35 That p Idem q. 38. art 1. the confirmation of the Emperor belongs to the Pope, to whom also belongeth an universal jurisdiction. 36 That q Idem q. 38. a●t. 4. the Emperor ought to swear allegiance to the Popes. 37 That r Idem. q. 39 art. 1● he cannot exercise his Imperial power, unless he be confirmed by the Pope. 38 That s Idem q. 35. art 6. the Pope may make the Empire hereditary, if he see it expedient for quietness sake; for just as he now ordaineth that it shall be elective, so he may bring in an hereditary succession. 39 That t Idem q. 35. art. 3. he may change the Electors o● the Empire, if any evident and apparent benefit of the Christian Commonwealth do so require. 40 That u Idem ibid. art. 4. the Electors of the Empire may be appointed out of another Country than Germany, if any just reason so require. 41 That x Idem q. 46. a. 3 he may absolve subjects from the oath of allegiance. 42 That the Pope upon just cause may set up a King in every Kingdom; for he is the overseer of all Kingdoms in God's stead, as God is the supervisor and maker of all Kingdoms. 43 That y Idem q. 45● art. 3. art. 3. if one be oppressed in the Court of external judgement, he may appeal from any man, King or Emperor, unto the Pope. 44 That z Idem ib a 2. the Pope hath jurisdiction over all things, as well temporal as spiritual, through the whole world. 45 That a Idem q 46. art. 1 it belongs to the Pope to correct Kings when they offend, seeing that he is the judge of the quick and the dead in Christ's stead. 46 That b Ibid q 44. art. 4. the Pope may correct the Imperial law by his authority, as the divine law doth the humane. 47 That c Idem ibid. art. 5. the Pope may alter the Imperial laws according to the diversity of the times, if any evident commodity be like to ensue upon it. 48 That d Alvarus Pelagius de planctu Eccles. l. 1: art 37. the Pope, by reason he hath the Empire of Rome may and aught to reduce the Holy Land under his jurisdiction. 49 That e Idem ibid. the Pope hath the propriety of the Western Empire, and the rest of the world in protection and tuition. 50 That f Idem ibid. he may justly make an ordination and decree against infidel Princes, although their Countries were never possessed by Christian Princes, ●h● Po●●s bestowing of Kingdom●s. that they do not injustly molest the Christians within their dominions. 51 That g Idem ibid. if they evil entreat the Christians, he may by his sentence deprive them of that power and jurisdiction which they have over them. 52 That h Idem ibid. he may command the Infidels to receive the Preachers of the Gospel into their territories. 53 For aught that I can see, the King of China and the great Mogul shall far no better than Christian Princes, unless they come very speedily and submit themselves to the Pope. He hath met with the Kings of India, of Peru, Brasile, Cuba, and all those other ●les of the Ocean; which were of far more difficult access than those Kingdoms we speak of. Alexander the 6, anno 1493 made a fair deed of gift to Ferdinand King of Arragon, C●p. 〈◊〉 de insu●● novi or●is l. 7. Decret. of all those poor Barbarians, and of all their Countries and Kingdoms, although he never knew them, nor had they ever offended him: Of our mere bounty and certain knowledge, and the Plenitude of our power Apostolical, we give, grant, and by these presents, do assign to you, your heirs and successors for ever, Kings of Castille and Leon, all the Lands and Continents which have already been discovered and found out, or which hereafter shall be towards the West and South, drawing a line thereof from the Arctic or North●Pole, to the Antarctic or South Pole. And we make, constitute, and appoint you, your heirs and successors Lords thereof, with full free and absolute power, authority and jurisdiction. But enough of this, for any man may judge by this what will become of the rest. 54 So one of their Doctors expounding that passage of sacred writ, Give unto Cesar the things that are Caesar's, Iac●bus de Teran● in tract. Monarch. saith, That was spoken but for a time, not for ever; that it was to hold only till the ascension of jesus Christ; and afterwards that should come to pass which was spoken, When I shall be lifted up from the earth, I will draw all things after me. That is, (saith this great Rabbin) I will recover all the Empires and Kingdoms of the world, and will take them from Cesar, from Kings and Princes, to give them to the Pope. See here one of the finest and truest Prophecies that ever was read; for he hath more stroke in the Empire and Kingdoms, than the Emperors and Kings themselves, at least among Christians. 55 We need not wonder hereafter at the extravagant of Boniface the 8, ●●trav Vnam s●nct●m. de m●●●rit. & obed. where he will have it to be necessary to salvation, to believe that all the faithful people of Christ are subject to the Pope of Rome; that he hath both the swords; that he judgeth all men and is judged of none. Nor of that which he writ to King Philip the Fair, That he was subject to him both in spirituals and temporals. Nor at that which a Germane Historian relateth of him, Albert. Crantz. Metrop. l. 9 c. 201. Platina in Greg. 7. That supposing Kingdoms and Empires to be in his power, he made his brag that he had two swords. Nor at that which before his time Nicholas the first writ to the Milanois, That God hath bestowed upon S. Peter and his successors, the right both of the Terrestrial and Celestial Empire. Nor at that which Gregory the 7 saith in one of his Bulls, speaking of himself, That all the world may understand at last, that we give and take away Empires, Kingdoms, Principalities, and whatsoever mortal men are capable of. Nor at that pretence of Clement the 5 in one of his Clementines, Clementin. Pastoralis de sent. & re judic. That without all doubt he hath the command of the Empire, who, by reason of that power which he hath, succeedeth the Emperor in the vacancy of the Empire. Sabell●cus Ennead. 9 l. 8. Nor at that which Clement the 6 pretended, that the Empire devolved upon him after the excommunication of Ludovicu● Bavarus, and that upon that occasion he placed Governors in the Cities of Italy; N●uclerus Generate 45. following herein the example of his predecessor john the 22● who set forth in his Bulls to all the world, That he had divided all Italy from the Empire, and from the Kingdom of Germany: That the Pope is universal Lord, not only of things spiritual but also of temporal. Nor likewise at this, that the Popes have declared all those to be heretics who in their writings have defended That Empires and Kingdoms depend not upon the Pope, but upon God alone. Of the King of France his Privileges. 56 The King of France is deceived if he think he is exempted by his Clementine, Meruit; he hath to do with people that know how to expound Scripture; that will pick out the sense where all the greatest Doctors of the Sorbon would be put past their divinity. They know well enough how to tell him that he and his Kingdom are only restored by that Clementine, into the state wherein they were before Boniface his Bull; that the Realm of France was, before that, subject to the Pope's Dominion, by the donation of Constantine; Can. alive. cause 15 q. 16. That the Pope is Lord and Monarch of the Universe; that he hath both the swords; a plenitude of power both over temporals and spirituals; that the Decrees which bestow this right upon him, are confirmed by the Council of Trent: that Pope Zachary deposed Childeric, absolved his subjects from the oath of allegiance, and bestowed the Realm upon Pepin: that this Pope Clement being a French man would have favoured the French, but he could not do it to the prejudice of St. Peter's patrimony: that he trembles yet at the fright which Nogaret put his predecessor into. And whereas it is conceived that some such promise was extorted from him, and some obligation which bound him so to do, upon condition he were made Pope, they will urge the example of the Emperor Henry the 5. whom the Counsels of Lateran and Vienna caused to give up his investitures, notwithstanding the dispensation which Paschal the second had granted unto him in that behalf; yea, and the examples of our own Kings whom Benedict the 13, julius the 2, Gregory the 14, and Sixtus the 5, did not stick to excommunicate for all their privileges. 37 Besides, the Council of Trent being allowed, which gives all power to the Popedom, even over Counsels, it must belong to the Pope to dispose of all things as supreme judge, to alter the Decrees of his predecessors, to abrogate such as are disadvantageous unto him; who shall contradict him? No King dare intermeddle how great soever he be; and if he do, he will but lose his labour. We will return to the days of old, when excommunications from Rome were so terrible, when all things shrunk at the flash of those thunders. The frederick's, the Henry's, the Ludovici Bavari have felt the force of it; they have been abandoned of their subjects, their vassals, their kindred, their allies, their own children: they have been trodden under foot, deposed from their Empires, defamed as heretics, chased like rascals. Goodly mirrors to represent to the life to all Princes of Christendom, if they were not blind, the miseries that hang over them and their successors. 58 Not without good reason did that great divine Marsilius, after he had seen all the tragedies in his age acted, make a loud outcry, which deserves now more than ever to pierce the ears of Princes, I cry aloud (saith he) like a trumpet of truth, Marsil● Patau. in def pacis. part. 2. c. 25. and tell you it is the greatest prejudice that ever was done to Kings and Princes, to all people, assemblies and languages, which the Bishops of Rome with their associates the Clerks and Cardinals have done: By this their Decree, which is utterly false in all the grounds of it, (he speaks of the Clementine, Pastoralis, after he hath urged the words of it) they go about to bring you in subjection to them, if you suffer this constitution to prevail; yea if you suffer it to have the power and force of a law. For consider that it follows of necessity that he which hath authority to repeal a former sentence of any Prince or judge whatsoever, hath also jurisdiction and coactive power over him; and further, the power of erecting or putting down his Princedom. Now the Bishop of Rome doth challenge to himself this authority equally over all Princes and Principalities of the world; inasmuch as by virtue of that Plenitude of Power which he● affirms to be granted unto him by Christ in the person of S. Peter, The King of F●ance his privilege va●●n. he hath repealed the sentence of Henry the 7. No man can tell how to give the force of a law to that Decretal which he speaks of better than by receiving the Council of Trent; which expressly confirmeth all the Constitutions of the Popes. 59 But it were fitting we here added the examination which the same author makes of Boniface his Decretal, and the Clementine, Meruit, to show that the King of France his privilege cannot choose but be void; Mursil. Patau. in d●s p●c part● 2. c. 20. and that other Princes being the Pope's subjects, he must needs be so as well as they; Considering more throughly these kind of Epistles and Decretals, they may seem to be mere fooleries: for that of Boniface obligeth all Princes and people in the world to the belief of it: that of Clement not all; for only the King of Fr●nce and his subjects are excepted out of it. So then there will be some things which some men by authority of Scripture are bound to believe upon pain of damnation, which other some are not bound to believe: surely this is not one God, one faith; all are not bound to go to Christ in the unity of faith; and yet the Doctor of the Gentiles plainly affirms the contrary in the 4 to the Ephesians. Besides, we may ask Pope Clement in what sacred sense the King of France and his subjects could merit by their faith not to be bound to believe those things which ought to be believed upon pain of damnation? either than they merited by their faith to be Heretics and Infidels● or else the Epistle of Boniface contains a downright lie: and so things which are not true ofttimes overthrow themselves when no body thrusts them. Besides, there is matter of admiration for other Princes and people, who may demand what place of Scripture, or what exposition makes them subject to the jurisdiction of the Pope of Rome, and exempts the King of France? Or why some are more bound to believe upon pain of damnation than others? For this being like a fiction, hath been deservedly much derided, and is yet; as proceeding from the ambition of them that vent such things, and the earnest desire of reigning over Secular Princes, and the terror of the most illustrious King of France. 60 We will add furthermore that this domineering power which the Popes have usurped over all Princes of Christendom, hath driven them into some heinous injustices, as to usurp their Empires and Kingdoms, to raise up war among them; to rob them of their inheritances to muster up their own subjects against them; to sow quarrels and contentions among them; to cause innocent blood to be shed; to abuse excommunications, and other spiritual weapons: and in a word to exercise an intolerable tyranny: Whereof there are so many pregnant proofs and examples that no man can doubt of it, if he be not a mere novice in history, or unless he have not been extant in the world in these latter times. Nevertheless I will quote some in the * Venericus Vercellensis lib. de unit. Eccles. conser. p. 12. 37. 40. Epistola Leodiensium tom. 3. Council ex edit. Colon. ann. 15●1. Marsilius Patavin. in desens. pacis part. 1. cap. ult. & part. 2. capi●ib. 22,23,24,25. Aventinus lib. 7. annatium Boiorum ubi refert rogationem Procerum Germanorum pag. 621. & ubi loquitur de Frederico. 2. pag. 533. Arnaldus Ferronius de rebus gestis Francorum, ubi loquitur de julio 2 Guicciardinus lib 4 hist. Italia, in loco detracto. Baptista Mantuanus lib. 1. Sylvarum. Erasmus in apologia adversus Stunica blasphemia●. L●dovicus Romanu●. co●s. 522. num. 9 Martinus Pol●nus in Henrico 6. sub ann. 13●9. Guilielmus M●lmesburiensis Auglus lib. 4. cap. 2. Platina in Gregorio 7. & in Bonifacio 8. Alexandr●●, & in Innocentio 4, & in Eugenio 4, & in julio 2. Otho Frisingensis lib. 7. Chron. c. 9 Helmoldus in Chronico Slavorum c. 28. & sequent. margin to justify my assertion against detractours. CHAP. XI. Of the Pope's honours. Of holding the Pope's stirrup. WE will now speak a word or two of those honours which they would have Emperors and Kings, and other earthly Monarches, to do unto them, whom they make their Lackeys, causing them to attend upon them in most shameful manner: Can. Constant. dist. 96. August. Steuchius, Pape● bibliothecarius, l. 2. de donat. Constant. c. 66. Platina in Steph 2. Ceremoniale pontiff. Tit. 2. sub §. Ordo processionis continet. Et l. 3. sub §. de prima lotione manuum. Et §. de modo portandi fercul. Helmoldus Presbyter, Lubecensis, in hist. Slavorume 8. For we are bound to believe, by the supposititious donation of Constantine, that the Emperor Constantine holding the bridle of Sylvesters horse, underwent the office of a Lackey. Some of the Pope's domestics affirm that Pepin, one of our Kings, did as much to Pope Stephen the 2. 2 And in the Pope's Ceremonial these Chapters are inserted; That Kings and Emperors must hold his stirrup when he gets up, or alights from his horse. That they must lead his horse by the bridle: That if he go in a litter, the Emperors and Princes must carry him upon their shoulders: That when he sits down to table, they must hold the basin while he washeth: That they must carry up his first mess. 3 Now these honours are not only set down in their Books, but have been actually proffered and been admitted and received. Frederick● the first is thought to have fared but ill because he had not well studied this point of civility and duty, when Pope Adrian the fourth came into his army; for, running to the rising stirrup to help him in alighting, in stead of going to the other, he is thought to have lost his crown for it: For the Pope was so offended at him, and took it out so heinously in point of honour, that being desired to proceed to his coronation, he made answer; that S. Peter had been dishonoured, in as much as the Emperor in stead of holding the right stirrup had holden the left. Frederick being much amazed at that complaint, excused himself, saying, That it was for want of knowledge, not devotion; and that he haed not been accustomed to holding of stirrups. But the Pope from his excuse drew a subtle argument against him, to pronounce him unworthy of the Empire; for (saith he) if he have neglected out of ignorance a thing which is so easy, how think you he will manage weighty matters? The Emperor seeing himself in danger to be degraded as insufficient and incapable of the Empire, bended all the nerves and veins of his wit, to make this dilemma, which gained him the cause, I would be better informed (saith he) whence this custom proceeded, whether out of good will, or out of custom: if of good will, the Pope hath no reason to complain, if a man have failed in a thing which concerns civility, seeing that consists in the mind of the giver, and not in necessity of right: if you say that this reverence is due to the Prince of the Apostles from the first institution, what difference is there betwixt the right stirrup and the left, so that humility be observed, and the Prince humble himself to the feet of the supreme Bishop? The Historian adds, That the question was disputed a long time, and with much eagerness. He says further, That they parted without giving him the kiss of peace. It went so far, that the Pope returned without crowning Frederick, and being entreated, and importuned thereunto by the Princes of Germany, he commanded him first and foremost, for penance of his fault, to go and conquer Apulia from the Pope's enemies, to restore it to S. Peter; The Pope's pride ov●● Emperors. and he had much ado to make him give over that design. All this is reported by a Germane Priest not suspected. judge ye now if he did not play his part well. 4 There was yet after that another great quarrel betwixt them, by reason of certain letters which the Emperor had writ to Adrian, wherein he committed this gross absurdity, to put his own name before the Popes: whereat he being justly offended, told him in his letter. That he wondered much at this, that he seemed not to give unto S. Peter, Nauclerus gener. 39 and the holy Roman Church her due reverence, for (saith he) in those letters which were sent to us, you put your name before ours, whereby you incur a censure of insolence, if not of arrogance. Whereunto the Emperor replied, That all the royalty which the Popedom had, it had it by the liberality of the Emperours● and thereupon (said he) when we writ unto the Pope of Rome, we put our own name before of right and custom, and by way of justice; we allow him to do the like when he writes unto us. Search the records, and if you have not observed what we affirm, we will show it you, 5 We might here add the picture of Rome, Albertus Crantz 2 Metrop. 6. c. 35. which represents Innocent the 2 sitting in his pontifical chair, and Lotharius the Emperor, who received the crown from him, lying prostrate at his feet, which (as Historians say) caused the Emperor Frederick the first, to fret and fume when he cast his eye upon it. As also that form of inscription in Innocent the fourth's letters; Innocent etc. The virtue of God, the wisdom of God, Matth Wes● monast. l. 2. sub ann. 1245. to whose unspeakable majesty all things are subject. 6 Henry the 4 was enjoined this penance by Gregory the 7. Not to go out of Rome for a year; not to get on horse back; to visit the Churches in a Pilgrim's habit, and to bring forth fruits worthy o● repentance, by fastings and prayers. While the poor Emperor was at his Pater nosters, submitting himself to all that he would lay upon him, the Pope made another Emperor to be created in Germany, whereof a Germane Priest gives this reason, That the Cardinals, and others of the Court of Rome, Helmoldus ubi supra. seeing how the earthly powers trembled for fear at the shaking of the See Apostolic, and how those that bore up the world did bow down to it, might suggest to the Pope, that he should confer the Empire upon another. Another time coming to meet with the Pope at Canisium, bare foot in the midst of Winter, in Pilgrim's weed● he was compelled to stay three days in the Suburbs, like a poor rogue, without obtaining audience. 7 The indignity done to Frederick the first, by Alexander the third, Abhas Vispargensis in Hen. 4. is well enough known, when he received him in peace, he cause him to cast himself upon the ground in S. Marks Church in Venice, and to ask him pardon; when, setting his foot upon his neck, he said these words● Thou shalt go upon the Basilisk and Adder, the Lion and the Dragon shalt thou tread under foot. 8 A Duke of Venice to make his peace with Clement the fifth, for himself and the State, was constrained to go upon all four towards the Pope, Le mer de histoires. with a chain about his neck; Innocent the 4 would not forgive Frederick the 2, notwithstanding, the intercession made by King S. Lewes, who writ unto him in person to Lions; who offered in behalf of the Emperor for satisfaction of his faults, To go in Pilgrimage into the Holy Land, to make war, and stay there all the days of his life. Matth. Westmonast. 2. sub ann. 1246. Whereat the good King taking scandal, came home vexed and ill appeased, having found no humility in the servant of servants, (saith an English Monk). Nay which is more, He forbade him entrance into his Kingdom, saying, The Vicar of Christ follows not the footsteps of Christ, as the same Author. 9 The same King by the Council of the Peers in France, had formerly denied Gregory the 9 entrance into his Kingdom, The Pope's omnipotency. Knowing that by his coming, there would no good come either to the King or the Kingdom, saith the Historian; Matth Westmon. l. 2. sub ann. 1244. who further adds this, speaking of the French men and the Pope; They were afraid that he would not know his enemies, as the rat in the poke, or the serpent in the bosom. And yet this King was Canonised by the Popes. Philip the Fair was in danger to be so by Clement the 6, for sending Boniface into Paradise. But Lewes the 12 was excommunicated by julius the 2 for being too good to him: and Henry the 3 by Gregory the 14, because he was grown too devout, and doted too much upon the relics of Rome. Rodericus Episc. ●amorensis in speculo humanae vitae l. 2. c. 1. 10 Let us now see some draughts of the Pope's greatness, taken from that description which the Bishop of Zamore, and Constable of the Castle of S. Angelo makes of it in his mirror of man's life, which he dedicated to Pope Paul the 2. That the Pope is instituted and ordained not only for humane principalities, but also for divine; not only to rule over mortals, but also immortals; not only over men but also over Angels; not only to judge the quick, but the dead also; not only in earth, but also in heaven; not only to preside over Christians, but also over Heathens: And, to be short, that he is instituted and ordained by the great God in his stead over all mortals; to be held in the same dignity, to have the same power and jurisdiction, and the superior and universal dominion over all the world. 11 Afterward he applies unto him certain places of Scripture which speak of God: Of whom (saith he) it was written by job, job 9 that those which bear up the world stoup before him: and that the Kings of the earth are matters worthy of derision: that he only hath all power: the Scripture saith, that he is one, and there is not a second: and that it was writ to him, Thou art alone and there is no man with thee. And again, Thou art mighty over all them which are mighty: To whom all justice, power, and Empire doth belong, as the Prophet testifies; and whom David afterwards meant, when he said, He hath given him the power and the Kingdom, and all people and languages are subject unto him. And presently after he saith, The greatness, excellency, commodity and necessity of the Popedom is seen in this, that (as the Philosopher testifies) the world could not be governed if there were not some supreme principality in it. We must needs come to him only who directs and governs all particular things: by whose managing and disposal all actions of the Hierarchies are ordered: that in fi●e the disposal of this lower world, may be administered conformably to the Celestial Monarchy. And yet more, The power of justice would decay (witness the same Philosopher) if there were not one in the world to administer it to all, and supply the defects of the negligent. And again, There can be no true nor right Commonwealth, if there be not one above all the rest to guide and govern them. Which is the Pope the Vicar of the immortal God. Afterwards he ascribes unto him a commutative and distributive justice over the universal world; and speaking of this last, he saith, that being exercised by him, it doth institute and ordain dignities, principalities, Kingdoms and Empires according to merits, and transfer them from one Nation to another, according to their demerits. Antoninus in 3 part. hist tit. 22. ●. 17. §. 1. jacobus de Terano in tract. Monarch. 12 He that will not be content with this, may further read the Oration which was spoken in the presence of Pope Pius the second, by the deputies of Florence, registered in his History by A●tonine Archbishop of that City, for the instruction of posterity. He may read also, that which one james de Terano, Chamberlain to Vrban the 6 hath written concerning this point; and Avarus Pelagius, great Penitentiary to john the 22. Together with other mercenary authors, the Pope's domestics; who spare no qualities, either divine, or humane, to set forth unto us the power, the dignity, A censure of Popish author's. and the divinity of the Popedom. Which authors and others above by us alleged, are so well approved by them, that they sleep upon their pillows, just as Homer's Iliads did upon Alexander's. For that same Austin de Ancona, out of whom we formerly cited many maxims, and those of the finest, w●s dedicated by the author to john the 22, Ann. 1320, and afterwards to Pope Gregory the 13, by a General of the Order of the Austin Friars, and printed at Rome by George Ferrarius, Ann. 1582, with express privilege of the same Gregory. And Lancelot Conrade, who helps well to build up this divinity and omnipotency, out of whom we have cited some passages, professed in his Preface that his book was approved by Pope Pius the fourth, one of the authors of the Council of Trent, and one that did the most good there. To make this assertion yet more evident, you need but read the Index expugatorius, set out by the authority of the Council of Trent, where neither any authors of this stamp, nor any of their fooleries and impieties are ever condemned; but all those who in diverse ages have been so saucy, as to open their mouths, and utter any truth against the Holy See, who have gone about to defend the right of the Church, of the rest of the Clergy, of Kings, and Emperors against the tyranny of Rome. CHAP. XII. Of the complaints and oppositions which have been made against the Pope's dominions over Kingdoms and Empires. NOw these great attempts as they have occasioned great mischiefs, so have they raised great complaints and just disobediences to their unjust commands. Our French men, both Lay and Clergy, Hincmarus Episc Rhemen. in ep. ad Hadrianum pap●m. assembled in a Council at Rheims about the year 870, gave Pope Adrian the 2 to understand (who would have put this Realm of France in an interdict, and bestowed it upon another, by reason of the question betwixt King Charles the Bald, and Lewes the son of Lotharius) that his attempt was a novelty and unusual, and they would never suffer it: For see here the resolution which was sent unto him on their behalf, by Hincmare Archbishop of Rheims, Hincmaru● ibi. That he could not be both King and Bishop at once: that his predecessors disposed and governed the Ecclesiastical order (a thing which belonged unto him) and not the Commonwealth, which belongs unto Kings. 2 In this action we may observe a double abuse: First, that the Pope undertakes to transfer Kingdoms by excommunications: next, that it is not for any spiritual matter, but upon a difference of succession, and therefore that assembly added, That it was not fitting for any Bishop to say, that it is lawful for him to deprive a Christian of his title, so long as he is not incorrigible, and the question is not of his personal faults, but of the losing or getting an earthly Kingdom. 3 The Emperor Henry the 4 was excommunicated by Pope Gregory the 7, Ann. 166, and Ralph Duke of Suevia set up in his stead by his authority: and that because he did not make his appearance before him, being summoned upon pretence of Simony which he injustly laid to his charge. Of deposing of Kings. The quarrel grew betwixt them upon this occasion, that the Pope was elected without the Emperor's consent, contrary to the ancient custom. Whereupon a Germane Bishop writes thus, Idem Otho l. ●. c. 34. I read and read again the lives and Acts of the Roman Kings and Emperors, but I never find that any of them was excommunicated, or deprived of his Kingdom before this, unless we take that for an excommunication which passed in the case of Philip, the first Christian Emperor; who was put among the penitents by the Bishop of Rome: or that of S. Ambrose who prohibited Theodosius the Emperor from coming into the Church, because he had murdered many men. 4 Godfrey of Viterbe in his Pantheon which he dedicated to Vrbane the 3, saith as much; Godofridus Viterbiensis in Chron. par. 2. in Henr. 4. p. 499. We never read that any Emperor before this was excommunicated by the Pope, or deprived of his Empire. Yet the Abbot of Vsperge saith, that there are examples of it, and he urgeth that of Pope Gregory the 3, who caused all Italy to revolt from their obedience to the Emperor Leo, whom he had excommunicated and deposed from his Kingdom; yet withal he gives us to wit, that he doth not approve the fact. Howbeit (saith he) the Popes of Rome challenge this power unto themselves, and make their boast that they have done it, yet we acknowledge these things came to pass by the judgement of God, by reason of the sins committed by the Emperors, the consciences of Princes and people binding them to make resistance against them. Epist. Leodiensium adversus Paschalem 2. tom● 3. Concil. Edit. Colon. 1551. p. 809. 5 The Clergy of Liege in their Apology against Paschal the 2, who had commanded Robert Earl of Flanders to make war upon them, and had excommunicated them because they would not abandon the Emperor Henry the 4; How comes this to pass (say they) that Pope Paschall not content with the spiritual sword alone, sends his Champion Robert to spoil the lands and inheritances of the Church, which if they must needs be destroyed, aught to be so by the Edict of Kings and Emperors, who bear not the sword in vain? Bernard l. 2. the considerate. ad Eugenium papam. 6 S, Bernard exclaims mightily against the Pope's dominion, and gives good advice to Eugenius the 3 about this particular, where he tells him amongst ●ther things, You were made superior to others, for what, I pray? not to domineer I trow. We therefore having a conceit good enough of ourselves, do not yet remember that any commanding power was given unto us, but that a ministry was laid upon us: You must consider that to do the work of a Prophet, you stand in steed of a weeding hook, not of a Sceptre. He saith in another place, This is plain, that dominion is prohibited by the Apostles: go you then, I pray you, and (if you dare) usurp either the Apostleship as rulers, or the power of ruling as the Apostles. The one of the two is forbidden you; if you will needs do both you loose both. Do not think that you are exempted out of the number of those against whom God makes this complaint, They have reigned but not by me, etc. He hath more concerning this point, but this shall content us. Venericus Vercellensis lib de Vnitate Ecclesia. 7 Venericus Wercellensis in his book of the unity of the Church, saith, That the sacerdotal judgement hath no more but the spiritual sword, which is the word of God. And speaking of Hildebrand, that is of Gregory 7, But Hildebrand (saith he) and his Bishops have doubtless challenged to themselves the very top of regal Authority; yea they have usurped the function of both jurisdictions, insomuch that the Kingdom is fully in their power, or where they are pleased to bestow it: being grown more perverse by reason of this great pride● so that they can neither look to the one, nor the other; neither the Priestdome nor the Kingdom: considering that no one man is sufficient to discharge either of the two, they being such weighty employments: But however he is neither Christian nor Catholic that contradicts the Gospel, and despiseth the doctrine of the Apostles, which saith, Give to Cesar the things that be Caesar's, and to God the things that are Gods. He that serveth God meddleth not with the things of the world. Fear God, honour the King: Be subject to every humane creature for God's sake, etc. The Pope● usurpation upon Princes. He urgeth many other reasons and places out of Scripture, which to set down might be troublesome. 8 A Germane Abbot who writ about 1●50, Albertus' Abbess Stadensis in Chron ad ann. 1245. speaking of the excommunication of the Emperor Frederick the 2, whom Pope Honorius had also deposed from the Empire; This sentence (saith he) being noised abroad into the world, some Princes and diverse others took it ill, saying, that it concerned not the Pope to set up or pull down the Emperor, but only to crown him after he is elected by the Princes. 9 An English Historian makes an observation herereupon, which may much import all Princes, Matth. Paris. in Hen. 3 p. 660. One thing (saith he) vexed all the Princes and Prelates, weighing the future dangers by the foresight of their understanding; that was, that however Frederick had sufficiently deserved to be deposed and deprived of all honour; yet if the Pope's authority by God's permission deposed him, so as he could not relieve himself, the Church of Rome abusing the grace of God, would grow hereafter to such an intolerable height and pride, that she would depose Catholic Princes, though just and innocent; yea and Prelates also upon sleight occasions● or would cause them to be deposed and disgraced: and speaking haughtily, and boasting themselves, however descended from low degree, they would say, We have trodden under foot the great Emperor Frederick; and who art thou that thinkest to withstand us? 10 The Pope having excommunicated King john of England, Matth. Westmonast in Florib. hist ann. 1216. and put his Kingdom in an interdict, compelled him to become a vassal and tributary to the See of Rome. Whereupon Philip Augustus King of France gave him to understand, that it was an unjust thing, and more than he could do: wherein he was seconded by the great Lords of France, as we have said in the beginning of the first Book. 11 In the reign of S. Lewis, ann. 1247, what time (as it is probable) he was gone in the Holy wars, the Nobles of France finding themselves vexed and troubled by Pope Innocent the 4, made a League and set forth a declaration against him, where they say amongst other things, That the Clergy (pointing at the Pope) swallow up and frustrate the jurisdiction of Secular Princes, so as by their laws the children of slaves pass judgement upon free men and their children: Whereas by the Secular laws of our Kings and Princes, they ought rather to be judged by us. 12 The year 1244, the Prince of North-wales, being a vassal of the King of England, Matth. Westmon. in Florib. hist. ann 1245. p. 181. 1●9. put himself and his Princedom into the protection of the same Innocent; who received him by the mediation of a certain sum of money, promising him to shake off his royal yoke. Th●se things (saith an English Monk) being come to the knowledge of the King, the Lords of the Land, and other Princes aliens, they were much displeased at him; and abhorring the covetousness of Rome, they persuaded the King of England to put it to a battle, to curb the upstart insolence of such an ungrateful person. Matth● Westmonast ann. 1254 p. 265. The same Pope Innocent the 4, after the death of C●●rade King of Sicily and Apulia, seized almost all the Kingdom into his hand, and entered upon it with an army: Which the chief of the Country perceiving (saith the same author) they were vexed at it, and setting upon Memfred, bastard son to the Emperor Frederick, they adhered unto him, and did him homage. 13 Philip the Fair being excommunicated by Boniface, Epistola. Archi. episcoporum, Episcoporum Abbatum, Priorum de Pari●iis Congreator● ad Bonif. ●. who pretended to be Lord Regent of France, was so borne out by his subjects, that when he demanded their advices how he should demean himself, and whether he should put up that wrong: they made answer u●to him, commending his good intention, That they were ready not only to spend their goods (which they there wholly offered unto him) for that end, The Pope's temporal dominion oppugned. but also to expose their persons even to death for him, not refusing any torments. Adding further, and that more plainly by word of mouth, That if the King (which God forbid) would suffer it, or connive at it, yet for their parts they would never endure it. Which, and such like words as may be read in some other passages of that Epistle, are no signs of disobedience, but testimonies of ardour and affection to the service of Princes, which hath often made their subjects speak in this strain. 14 This reply was made by the nobility, and the three Estates, as is testified by the Clergy in their letters to the Pope upon that subject: which Clergy sided also with their Prince, as it appears by those same letters: yet with more caution, by reason of the great reverence which they bore to his Holiness. Mr. john Tillet Bishop of Paris, joan Tilius in Chron. sub ann. 1202. speaking of this fact in his French Chronicle, The impudence of this man (saith he of Boniface) was wonderful, who durst affirm that the Realm of France was a benefice of the Papal majesty. But I think ●hem the greater fools who dispute the point; Whether the Pope hath this power or no, he put our France under an interdict for the time, but the Bishops took the King's part. Marsilius of Milan speaketh of it in this manner: Experience the mistress of all things, hath shown as much; it is not long ago when Pope Boniface the 8 dared to excommunicate Philip the Fair of happy memory, Catholic King of France, and put his Kingdom under an interdict, together with such of the Clergy as adhered unto him. The King on the other side complaining of a certain ordinance publicly set forth by the said Boniface, Marsil. Patau. in def. pac part. 2. c. 21. by the advice of his Cardinals, (which begun Vnam sanctam) containing amongst other things, yea by way of conclusion, peremptorily determining, that all Princes of the world, all Commonwealths and Secular persons, are subject to the coactive jurisdiction of the Pope of Rome: albeit the same Boniface had resolved at the same time, to band himself particularly against the said Prince, and to stir up against him his subjects and adherents, and other Christian Princes and people, if death had not hindered him: as the eternal truth, and the memory of diverse yet alive can testify. 15 Ludovicus Bavarus was deprived of the Empire by Pope john the 22, because he had taken upon him the name and title of Emperor, and demeaned himself as such, Albertus Argentin. in Chr. Idem p. 129. Integra haec constitutio extat apud Albe●icum de Rosate, in●. Bene à Z●none C. de quadrien. Pr●script. Et apud Aventinum l. 4. annal. Boiorum p. 6●1. Extat haec constitutio apud Nauclerum generat. 45. Et Aven l. 4. annal. Boior. p 623. before he was approved by the See Apostolic. But an Imperial decree was made thereupon, containing, That Pope john's proceedings were null, and that th● Pope could not attempt such things against the Emperor, considering their jurisdictions are distinct: So the Germane Historian, But you must know that there were two Decrees made thereupon by the states of the Empire: by the one it is enacted, That the imperial dignity is immediately from God alone, and that he ought to be accounted and called King and Emperor of the Romans, merely for his election; that he ought to be obeyed by the subjects of the Empire; that he hath full power to exercise all Imperial rights, and do all other things, which belong to a true Emperor, and that he needs not the approbation, confirmation, authority, or consent of the Pope, the See Apostolic, or any other whatsoever. The other whereby the process of john the 22, against Lewes the 5 called of Bavaria, is cassed and nullified; whereof we have spoken elsewhere, setting down the very same words. 16 This opinion was maintained at that time by diverse great Prelates, and learned men in the Court of Rome, Albericus de Rosate being then present, who witnesseth as much in these words, Albe●icus in l. been a Zenone. nu. 16 C. de quadrien. praescrip. I hold (saith he) th●t this opinions That the Emperor hath his power from God, is more true, by right, then by the authority of Innocent and others. And there was a great controversy concerning this in the time of john the 22 and his successor Benedict, betwixt them and Ludovicus Bavarus Emperor elect, myself being at that time in the Court of Rome. The Pope's usurping upon the Emperors But I heard then that some great Prelates, and some learned Lay men in both the laws, inclined to that opinion as the truer. 17 The same Author saith in his Dictionary, That the Pastors of the Church, thrusting their sickle into an other man's harvest, made three Decretals concerning that particular: Albericus indiction in verbo El●ctio Imperatoris. Cap. ●en●rabilem Extr. d●●le. Cap. Admetus Apostolic extra. de S●ntentia et ●e ●ud in 6. Cap. Pastoralis. ●esent. & re judie. in Clem. Cap. 1. de ju●● ju●ando in Clement. One about the election of the Emperor, another about the deposal of the Emperor Frederick, a third about the dissension and sentence of treason given by the Emperor Henry. There is yet another about the oath of allegiance, which the Emperor is bound to swear to the Pope, and some other power of the Pope above the Emperor. Which Decretals God knows whether they be just or not; for my part, I think none of them are according to law, (with submission to better advice, and under correction, if I think amiss) nay I believe they were made against the liberties and rights of the Empire; and I hold that the powers are distinct, and that they proceed from God. 18 Peter de Ferrariis, an Italian Lawyer, who lived about 1400, speaking of the abuse of excommunication, exclaims thus, O poor Emperors and Secular Princes which endure this and other things of this nature, and enslave yourselves to the Church! You see they usurp upon the world infinite ways, and you never think of any redress. Petrus de Ferra●iis in Practica. in ●orma respons rei connect in verbo, Tanquam publi. p. 85. Idem de Ferrariis ibid. in verb. praescrip. versus fin. In another place, questioning whether the Canon law ought to be observed in case of prescriptions after he had determined for the negative, he adds, The Emperors do ill, yea very ill, to suffer them to have a mere and mixed Empire, seeing God said to Peter, Put up thy sword into his place; thereby expressly forbidding him to meddle in these matters, whereto Peter obeyed, (as Cynus saith in the Authentic, Clericus C. de Episcopis & Clericis) and considering that this concerns the purchasing of Lay men's goods, the Pope cannot determine any thing about it, for so he should put his sickle into another's harvest, contrary to the chapter Novit, and other such like, and the Gloss upon that Extra de judie: let the Canon law then be observed amongst the Clergy, who carry their conscience in their hoods, and lose it when they leave them. 19 In another place he enlargeth himself more fully upon this subject, commenting upon those words, Plenam & omnimodam jurisdictionem, The covetousness of men (saith he) is so much enhanced, that they endeavour with all their might to climb up to jurisdictions, honours, donations, and if it were possible, to the thrones of Heaven: But they never consider what Tully, the Father of eloquence, said in his Offices, we ought to take heed of the desire of glory, This appetite and desire is so much enlarged, that not Layiques only, but even great Prelates and Clerks are wholly infected with this vice and malady. For you see how the Pope himself, who should like a true Vicar follow the steps of JESUS CHRIST, bestirreth himself, to seize upon, and by force of arms to keep the jurisdiction of Countries, Cities, Villages, and other places which naturally and ever since the creation of the world, and by Christ's own ordinance belong to the Roman Empire; according to that, Give unto God the things which are Gods, and unto Cesar the things which are Caesar's. Yea the Pope stands to have superiority over the Emperor, which is ridiculous to speak, and odious to hear: For naturally ever since the beginning of the world, not only Lay men but the Clergy also have been subject to the power and jurisdiction of the Empire. 20 Speaking in another place of a woman's jointure aliened by the husband, Idem Ferrariensis in forma libelli in quo uxor agit a dot. in verbo, Coram vobis● This (he saith) cannot be recovered by the wife, when she is bound by oath, according to the Canon law, which in this case is repugnant to the civil: The Canon law (saith he) is observed, even in the lands of the Empire: Here take notice how the Pope● usurps upon the jurisdiction of the Empire in this, as he doth also in diverse other things; which cometh to pass, by reason of the inexperince of the Emperors. Of the two swords. 21 Theodorick de Nihem in his third book De Schismate, speaks his mind very roundly, exclaiming against those who put two swords into the Pope's hands: Theodoricus a Nihem l. 3. the schisma●e c. 7. Now that the Empire (saith he) depends principally and immediately upon God, as well as the Church or Ecclesiastical power, is manifest by evident reasons. It is further confirmed by that Decree, where the Pope writes to the Emperor, My Church over which our God hath ordained my Priesthood, while you govern humane affairs, &c: It is proved also by diverse testimonies out of the Law. Whence it follows, that they talk sorrily and soothingly, who say that the Pope or the Church hath two swords, the spiritual and the temporal: whereas it is said in the Gospel, Put up thy sword into thy sheath: For if both the swords were in the Pope's power, the Emperor, 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 error over all Christendom, and raise as it were a continual emulation, or contention betwixt the Pope and the Emperor. For by this means the Imperial authority is trampled under foot, and his power called in question, to the great damage of the whole Commonwealth. 22 Antonius de Rosellis in his book De potestate Imperatoris & Papae, saith, Antonius de Rosellis in l. de potestate Imperat. & Pap. versu Ne Prolixius p. 9 It is a foolish and heretical opinion, that the whole disposal of temporal things i● or aught to be in the Pope's power, or any other Ecclesiastical persons. He saith further, He omittes that and laughs at it, which some use for a shift, That the dominion over temporal things, belongs to the Pope habitually, and in power, though he do not immediately actuate it, but by the mediation of the Emperor, 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 follows, that the Pope hath not the power of electing and crowning the Emperor, Idem de Rose●lis in versic. de●imaratio p. 11. 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 be revoked upon occasion. Albertus Crantzius Vandali●orum l. 8 p. 179 23 Albert Krants a Dutch Historian and divine, who lived a little before these late broils about religion, speaketh so of the creation of Kings which the Pope challengeth, as that he plainly shows, that he dislikes it; For, telling a story of a Duke of Cracovia, whom Pope john 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, we find 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 Kingdom, or with the diminution or disposing of them, as the said monitory affirmeth, contrary to all the constitutions and Canons of Counsels that were ever yet seen upon record in the books of his predecessors. 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 Sovereign that now is, and the Prince of Conde, depriving them of their goods and Lands; As for the holy Bull, the Court doth find it to be of a new style, and so far from the modesty of the former Popes, that it hath no affinity with the ways of a successor of the Apostles: and forasmuch as we do not find 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 Prince's religion, Of absolving subjects from their oath of allegiance. the Court cannot take it into consideration till the Pope do first show some right which he pretendeth for transferring of Kingdoms, ordained and established by God before ever the name of Pope came into the world; till he have showed us upon what title he meddleth with the successor of a Prince, full of youth and strength, and who naturally ought to have his heirs of his own body. He must inform us with what colour of piety and religion he bestows that which is none of his own, he takes from another that which belongs unto him, he putteth vassals and subjects in rebellion against their Lords and Sovereigns, and reverseth the grounds of all justice and civil government. 26 As for the absolving of subjects from the oath of allegiance to their Lords and Princes, the last words of Ralph Duke of Suevia, whom Gregory the 7 had caused to rise up against the Emperor Henry the fourth, losing the tie of that oath which bound him to his Prince, and creating him Emperor, are sufficient proof to any man, that it is a very unlawful act; Helmoldus in Chron Slavorum. c. 29. p. 65 You see (saith he 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 Pope's commands brought me to this, to break mine oath, and usurp an honour which was not due unto me. You see what end it is come to. I have received this mortal wound upon this hand which broke the oath. Let them then who have incited us so to do, consider in what manner they urged us, for fear that we be not brought to the downfall of eternal damnation. 27 Sigebert, Sigebertu● sub ann. 1088● p. 101●6. speaking of the sam● 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 allegiance, I dare say (saith he) by the favour and good leave of all honest men, that that new doctrine (that I call it not heresy) was not yet come into the world, That his Priests, who hath said to a King Apostate, and made an Hypocrite to reign for the sins of the world, teach the people that they owe no obedience to bad Kings; no allegiance though they have taken an oath to perform 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 he that will be against him, absolved from injustice and perjury. 28 He that writ the Book De unitate Ecelesiae observanda, in the time of the same Henry the 4, which is supposed to be Venericus Vercellensis, Ven●ricus Ve●cellen. in De u●i●a●e Eccles● p. 31 & 33. refuting the motives and reasons of Gregory the 7, saith, As for that which he adds, it seems wondrous strange, that any religious Bishop of Rome should undertake to absove any man from his oath of allegiance. Not long after he adds, See how the Catholic Church defendeth every thing which is not reprovable; and therefore she 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 allegiance which they had sworn to their King, as Pope Hildebrand giveth out in writing, that so by this precedent he may cozen the Peers of the Realm: as if he could absolve them from their oath of allegiance, which they have sworn unto their King in the Name of God, intending by that means to depose him and strip him of his Kingdom. Which being diverse times attempted within these fourteen years last passed and above, did never yet take effect for all that. 29 Afterwards he relates the story of Pippins coronation, and there concludes, Mark 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 Realm, (as Pope Hildebrand writes) and absolved the French from the oath of allegiance which they had taken unto him: which oath (as hath been formerly proved by the testimonies of holy Scripture) no man can dissolve without making the party absolved a liar, O●●●solving subjects from th●ir allegiance and perjured, and damning of the sin-absolver. Extat ●aec apologia ●ive epist. Tom. 2. Concil. edit. Colon. 1661. Et in collect. de jurisdict. imperiali p. 134. 30 The Clergy of Liege, in their Apology against Pope Paschal the second, speaking of the absolution of the oath of allegiance, which he had granted against the same Henry the 4, Who can justly blame a Bishop for favouring his Lord's party, to whom he oweth allegiance, and hath promised it by oath? No man doubts but perjury is a grievous offence: God only sweareth and repenteth not, because wisdom keeps the Commandments of God's oath: But for us, who often repent that we have sworn, we are forbidden to swear: If man swear God enjoins him to perform his oath unto the Lord. Which is not unknown to those that rend the Kingdom and the Priesthood by a new schism, and with their upstart traditions, (as some would have it) promise to absolve from all sin, such as incur the crime of perjury towards their King. Never regarding what God said to Zedekias by the mouth of Ezekiel, who had committed perjury against his King Nebuchadonosor, He that hath broken the Covenant, shall he escape? Which St. jerom expoundeth thus; Hence we may learn, that we ought to keep touch even with our enemies; and not consider to whom, but by whom we have sworn. Greg. Heym. in De confutat. primate. Pap. 31 Gregory of Heymburg in a tract of his, With what conscience (saith he) dare any Priest, even the Pope himself undertake to absolve the Liege subjects of the Empire from their oath of allegiance and obedience, to which Christ and his Apostles do bind every one, especially so long as the piety of faith is preserved entire? And if the Pope may dispense by his oligarchical law, yet he cannot so by the divine law without imputation of error. Marsilius in tract. de translat. Imperii. c. 5. 32 Marsilius of Milan in his Treatise, Of the translation of the Empire, speaking of Gregory the 13, who made all Apulia, Italy, and Spain revolt from their obedience to the Emperor Leo, and made them deny to pay him tributes and subsidies, by reason of a controversy about Images which was then betwixt them, saith thus; For this reason the said Gregory undertook to excommunicate the said Leo, and persuaded all Apulia, Italy and Spain to withdraw themselves from his obedience, and as much as in him lay put it in execution, howbeit without any great right: He also in solemn manner forbade him to receive any subsidies: By what authority I know not, but I wot well by what temerity. 33 Divers Doctors 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 temporal sword: that it is in the power of Princes, and other Magistrates: that he hath no Secular power or jurisdiction over Kings and Princes, nor over their Empires and Kingdoms, which depend upon God, not upon him: that consequently he cannot take them from them to bestow them upon another; nor absolve their subjects from the oath of allegiance. These witnesses have withstood the Pope as stoutly by their pens, at Kings and Emperors by their swords; yea so far forth that their armour had been but very weak, if they had not been tempered in these writings, as some Historians do assure us. And thence it is that the Popes many times have darted out their thunderbolts against them, and their works. Which our Council of Trent hath used to do, and which our Popes do put in execution daily, according to the commission granted them by i●, stuffing their Index Expurgatorius, with their names. I should be troublesome if I should here quote their authorities, and much more if I should set down their reasons: Christ and the Pope paralleled. I will content myself with citing some few in the * johannes de parisiis in De potestate regia & Papali. Dantes Aligerius in De Monarchia. Rodulphus de Columna De translatione Imperii. Guilielmus Occan. lib. 6. dialogorum part. 1 cap. 9 Et in De potestate Eccles. q. ●. cap. 8. Antonius de Rosellis in De potestate Imperatoris & Papae. jacobus Almain in De potestate Ecclesiastica. Author privilegiorum & jurium Imperii ● Theodorico ● Nihem restitutus Somnium Viridarii. AEneas Silvius De ortu et authoritate Imper. Rome cap. 10. Carolum●, Imperatorem. part. 2. q. 2. Andraeas de Iserina in usibus seudorum, Tit. Quae sui regal. joannes Igneus in disputatione. An Rex Franciae recognoscat superiorem. Guicc●ardinus lib. 4. de bello Italiae, in loco detracto. Franciscus Duarenus De sacris Ecclesiae ministeriis l. 1. ●. 4. margin besides those whom I have already alleged, 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, we will here set down the antithesis of Gregory Haymburg, Gregorius Haymburgensis in confurat. Primatus Papae part. 2. versus finem. which suits very well with the former discourse. 1 CHRIST rejected the Kingdom of this world. His Vicar canvaseth for it. 2 CHRIST refused a Kingdom when it was offered him. His Vicar will needs have one which is denied him. 3 CHRIST refused to be made a Secular judge. His Vicar takes upon him to judge the Emperor. 4 CHRIST submitted himself to the Emperor's deputy. His Vicar prefers himself before the Emperor himself, 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 Ass. His Vicar is not content with a stately Cavalierie, unless the Emperor hold his right stirrup. 7 CHRIST united the disagreeing jews, and all other Nations in one Ecclesiastical Kingdom. His Vicar hath oftentimes raised seditions amongst the Germans, when they were at unity. 8 CHRIST, though innocent, endured injuries patiently. His Vicar, though nocent, ceaseth not to do injuries to the Church and Empire. 2 Nicholas de Clemangiis after he hath discoursed of all the vices of the Popedom, Nicoldus de Clemangiis in De ruina & reparat. Ecclesversu● finem. and those of the rest of the Clergy, which he deriveth like petty rivulets from that great fountained applies in fine the ancient Prophecies to the See of Rome, and bespeaks her thus; Rouse up thyself now at last from thy too long slumber, O happy sister of the Synagogue! awake one day, & moderate thy drunkenness, that I may so say, wherein thou hast sleeped too long: see, read, and understand this prophet, and the rest, (if yet thy drunkenness have not quite bereft thee of all sense and understanding) if there be yet any spark of sound judgement remaining in thee: search the words of the Prophets, and thence consider thine estate, and thy confusion which sleepeth not, but is near at hand. The P●ide of Rome. Thou shalt see what ends are prepared for thee, and how that now is the time that thou crouchest under these villainies with danger; but if thou wilt not hear the Prophets, nor believe that they spoke of thee when they denounced so many miseries, thou cheatest and deceivest thyself by a too dangerour error; for it is of thee they spoke, and thou may perceive, if thou hast not lost all sense, that all those curses which are denounced shall fall upon thee. But suppose their prophecies aim at another thing, what thinkest thou of that Prophecy in the Revelation of St. john? dost thou not think at least, that it concerns thee in some sort. Thou hast not so lost thy shame with thy sense, that thou wilt deny it: Observe it then and read the condemnation of the great whore which sitteth upon many waters: there behold thy fine pranks, and thy future miseries. Besides, when thou observest how all Empires and Kingdoms, how great, large, and potent soever they are, have been brought to nought by their pride and injustice, when thou seest them turned upside down, and overthrown; and how on the other side, thou hast so far abandoned thy humility, which was thy foundation, and lifted up thy horn so high, how canst thou imagine that the foundation of humility being taken up and razed, such a great weight of pride as thou hast built thereupon, should not fall to the ground. It is a long time since thy pride, not able to withhold herself, hath begun to fall down, but slowly and by little and little, and therefore the downfall was not perceived by many, but now it begins to fall headlong and like a torrent. Marsilius Patavinus in defpacis part. 2. c. 24. 3 Marsilius of Milan after he hath represented all the Popish usurpations, and the indirect means which they used, at last resembleth the Court of Rome to the Image in Daniel; which passage we will here insert, as fitting well with the whole tract concerning the reformation of the Head; As for me which have seen it, (saith he, speaking of the Court of Rome) and who have been there, me thinks I saw the terrible Image which Daniel tells that Nabuchadonosor saw in a dream, having the head of gold, the arms and breast of silver, the belly and thighs of brass, the legs of iron, the feet half of iron, half of clay: for what is that great Image else, but the state of the people of the Court of Rome, or of the great Bishop? who was anciently terrible to wicked men, but is now horrible to be beholden by all good men? For the higher members of that Statue (to wit, the Head, the breast and the arms) what are they else to the eye, to the desire● and to the embrace, but gold and silver, and the work of men's hands? the belly and thighs, what are they but the noise and din of plead, and processes for the goods of this world? but calumnies and Simoniacal contracts as well of spiritual things as carnal? the thighs of brass, what are they but the pompous preparations of pleasures, of luxury, and all kind of vanities, even such as are not fitting for Lay men? which even they do stamp upon the minds of men, who should be patterns of chastity and honesty. The legs, feet, and toes of iron upon which the Image stands, and which are partly of earth and clay, what do they import but the usurpation, invasion, and seizing upon Secular Dominions, Provinces, and Kingdoms, by the violent power of armed men, and overlaid with iron, upon which they bear their superior members? the furnishing with gold and silver which invites the men of war hereunto? the belly also and the thighs of brass, by a promise which is often made both loud and large, by a cheating absolution of their sins and punishments, and by an unjust condemnation and curse (however harmless by ●eason of God's protection of such as stand in defence of their own liberty, and will preserve the loyalty which they owe unto their Princes.) The basis of the feet and the toes of earth and clay, which may therefore be broken● what do they denote but the inconstancy of the Court of Rome? Of th● fall of Rom●. what do they signify but the open weakness, that I say not the falseness and unjustness of those causes and occasions, which the Pope takes to oppress the faithful people of Christ? But according to the testimony of the same Prophet, there must a stone fall upon this Image, rend from the mountain without hands; that is, a King whom God will raise up, having chosen him by his grace, from amongst all people, giving unto him the power and Kingdom which shall not be transferred upon an other; he (I say) more by the strength and grace of God, than by the work and power of the hands of men, shall first break in pieces that piece of clay, the feet upon which it unjustly stands; making the false and unjust pretences, or to speak more truly with the Poet those bald occasions, appear unto all Princes & people; discovering their Sophistry, refuting them by humane demonstrations, and disannulling them by the truth of the holy Scripture. And afterwards, repelling the iron, that is the barbarous and impious dominion, and then the brass, that is, the authority of reviling against Prince and people, which it challengeth, he shall cause the tumults of Secular usurped jurisdictions, and by consequence of processes and vexations to be hushed: he shall cause the luxury of voluptuousness, and the pomps of vanity to cease: he shall moderate the gold and silver, that is, the avarice and rapine of the Pope, and those higher members of the Court of Rome, and shall allow him the use of temporal things with due moderation. 4 A certain Chronicler writ a pretty while ago, Magister jordanus in Chron. ubi loquitur de Frederico ultimo. that this King should come of the house of France, and the race of Charlemaigne, according to that which was prophesied of him; Some say (saith he) that there is another common prophecy, that some of the Carolingians, that is of the race of King Charles, and blood royal, shall have an Emperor of France, by name Charles, who shall be Prince and Monarch over Europe, and shall reform the Church and State. He that is curious to see this prophecy may find it amongst the vulgar revelations. Now that the Kings of France now reigning are descended from Charles the Great, the Popes themselves confess; as Innocent the 3, who after he had made mention of Charlemaigne, he addeth, Of whose race this King, viz. Philip Augustus, is descended: Innocent. 3. in c, Novit. Extra. de judic. and by consequence all the rest of Hugh Capets' line. Whether this prophecy be true or no, I refer myself to other men's judgements. I will only say, that it seems this reformation is destined to come from France, considering that in the greatest distempers of the Church, our Kings have ever put to their hands with the foremost; that they have ever either wrought, or procured a reformation: That they have been instigated, and exhorted so to do by the words and writings of the learned men of their times; (as we shall elsewhere observe:) That they have preserved the liberti●s of the Church within their Kingdom, more than any beside: That at this instant all men of understanding cast their eyes upon them, as they who must be the restorers of the Church, and which have more ability to do it now than ever. When God hath appointed it to be done, he will touch their hearts. CHAP. XIV. Of Cardinals. Of abating the ●umber of Cardinals. 1 AFter we have done with the Pope, we will speak a word of the Cardinals. The Emperor Ferdinand desired they might be reduced to a smaller number; the Council hath determine● nothing about it, and yet nothing could be more justly demanded: that great company stands in great charges: they have need of many incomes to maintain them. Hence mainly do proceed an infinite company of abuses reigning now adays, which the Pope must dispense with to ease his coffers of so much; for there is no good reason he should create such great Lords as they are to starve them for want of sustenance. Besides, the public must ever be sensible of it; Christian Princes and their Kingdoms must pay dear for their folly, though they be hardly able; and all must light upon their shoulders. 2 This is not the first time this reformation hath been demanded, it is above an hundred and seventy years ago since one of their own order complained of it; namely the reverend Cardinal of Cambray in his book De reformatione Ecclesiae, for amongst other ways which he proposeth for the lessening of those monstrons' exactions which were made in his days in the Court of Rome, he puts this for one, The diminution of the number of Cardinal's, that so their multitude may not be so great and burdensome, as it hath hitherto been: That it may not be objected to the Court of Rome: Thou hast multiplied thy people, but thou hast not grown greater; it would be expedient to take an order for the means of Cardinals, and other Clergymen, so as it may not be lawful for them to enjoy that prodigious and scandalous plurality of benefices: of which abuse the ancient Sages have complained, and amongst them William Bishop of Paris. 3 It will not be amiss to set down also the complaint of a French man of our own, Nicholas de Clemangiis in his tract De ruined, & reparatione Ecclesiae, who after he hath exclaimed against their pride and vainglory, But omitting their vanity (saith he) who can sufficiently express the infinite and insatiable hunger of their covetousness? First of all, what greediness is this to hold such a number of repugnant and incompatible benefices? They are Monks and Canons, Regulars and Seculars: Under the same habit they enjoy the rights, degrees, offices. and benefices of all religions of all Orders, of all professions; not two or three, but ten, twenty, an hundred, two hundred; yea sometimes four hundred, even to five hundred, and upwards: And those no petty ones, nor contemptible, but of the fattest and best, and how great a number soever they have of them, they are never content but would still have more. They are daily suing for new graces, new grants: Thus they catch up all the vacancies, and go away with all. He speaks yet more of this point, but this must suffice for the present. 4 See then a reason of great consequence for the lessening of their number: and indeed it was one of the petitions which were put up at the Council of Constance by all the Nations of Christendom, and and which was set in the forefront, Council constantiense Sess. 41. Of the number, quality, and Country of the Lords Cardinals. 5 Upon which Pope Martin took time to deliberate; just so have his successors done ever hithertowards; and for our Fathers of Trent, it never troubles them. A REVIEW OF THE COUNCIL OF TRENT. BOOK III. CHAP. I. Of the calling of Counsels. WE come now to the grievances which are found in the Decrees of this Council (for as for the Canons, The power of calling Counsels. we meddle not with them) and observe in the first place, that whereas former Counsels, at least such as were free and lawfully called, have always cowed the Pope's power, when it swelled into an excessive greatness, this hath run quite counter to the r●st, ascribing unto him a power truly sovereign: For the Pope now adays hath absolute authority over all things in the Christian world. The power both in temporals and spirituals is given unto him, not only over Kings and Emperors, but over Counsels also: So that when he shall please to wrong any man, there is no means left to resist him. We shall make this appear so plain, that there shall be no occasion of further doubting, by setting down here all the Decrees of the Council which concern this point. 2 First, it is to be observed that Pope julius the 3, in his Bull, December the 15, 1551, engrosseth to himself the sole right and authority of calling Counsels. We (saith he) to whom it belongs, as being now P●p●, to signify and direct General Counsels. Authority of calling Counsels usurped by the Po●e. This is the Bull wherein he signified the continuation of the Council of Trent, which is inserted amongst the Acts ●f it. 3 But this is not all yet: for after he hath declared that he will be precedent in the Council, for the further manifestation of his high and sovereign power he adds, Ordaining nevertheless that whatsoever any man, by what authority soever, shall attempt to the contrary, whether he know of this or not, shall be void and of no effect. Wherefore it shall not be lawful for any man in the world to break or infringe this present Act of our advice, pleasure, innovation, and decrees, or out of an audacious rashness to contradict it. All these brags and bravadoes were approved by the Fathers of that Council; inasmuch as the Council, which had kept Holiday for full four years, and been adjourned to Bononia by Paul the 3, was brought back again to Trent, by virtue of this Bull; so that the Bishops there obeyed the Pope sans contradiction. 4 So then he challengeth the power of Convocation exclusively to all others, wherein he is avowed by the Council; nay it is the Council itself which gives him this prerogative: For after all the resolutions it made both about faith and discipline, it adds; Session. ult. in fin●. If it so fall out that any thing herein contained, stand in need of further declaration or determination, besides other remedies appointed in this Council, the Holy Synod trusts that most blessed Bishop of Rome will take order that the necessities of the Provinces shall be provided for to God's glory and the peace of the Church; either by sending for such (out of those Provinces especially where such difficulty shall arise) as he shall think fit to negotiate such a business; or by holding a General Council if he think it necessary; or any other more commodious way as he thinks good. 5 As for the translation of the Council to Bonony, indeed the Cardinal de Monte, Precedent for the Pope, did the Council the honour to let them consult about it the 10 of March, 1547, as appears by the 8 Session: But this was after an absolute and peremptory injunction, whi●h ●he same Pope had formerly made, as appears in his Bull set out in Mar●h, 1544. Where he speaks in this manner; Of our ●wn proper motion, certain knowledge, and full power Apostolical, with advice and consent correspondent, we give you full and absolute power by authority Apostolic, by the tenure of these Presents (he speaks to his Legates) to transfer and remove the said Council from Trent to some such other City, as you shall think fit; and to suppress and dissolve it in the said City of Trent; and to prohibit the Prelates and other persons of the said Council to proceed any further at the said Trent, upon pain of Ecclesiastical censures and punishments; and to cite the said Prelate's, and other persons of the Council unto that city whither it shall be transferred, upon pain of perjury, and other punishments expressed in the letters of Convocation. 6 See here, good weighty words which in a most extraordinary way do crush the authority of the Council, yea even enslave and subject it to the Pope. And yet the Council is so far from complaining, that on the contrary it professeth that it consented to this translation, in consideration that it was done by the Pope's command: For hark how they speak of it in the beginning of the ninth Session holden the 21 of april 1548; This holy Ecumenical Council, etc. considering that upon the 11 of March this present year, in a general public Session holden in the said city of Trent, at the accustomed place, all things requisite to be done being first done after the usual fashion, upon some earnest, urgent and lawful reasons, and by the intervening authority of the Holy Apostolic See, granted in special manner to the said right Reverend Precedents, decreed and ordained, etc. They express it as well as they can, for fear lest some body should be so far mistaken, as to think the translation was made upon the Counsels own motion; to the prejudice of the Pope's authority; for they would have taken that in dudgeon. Councils lawfully called and not by the Pope. 7 Let us now see whether the Pope challengeth this right● which is confirmed unto him by this Council, by usurpation only, or whether it do indeed justly belong unto him. If we will take the Popes own word for it, the question will be quickly decided; for they affirm that to make such a Convocation belongs to none but them. Ca●. 1,2, 4,5, 6. dist. 17● Their Doctors and Disciples have so fortified this proposition, that they have stopped all passages, and not left so much as one hole open, whereby there is any possibility of surprising it. Some few have been so reasonable as that they have made some exceptions; as in case the Pope refuse to call the Council, or in case he be an heretic, or in case the question be about some fact of his own, or about his condemnation: Some are of opinion that then the Emperor is to undertake it; others, that it belongs to the Cardinals; others, to the Council. But those who were more deeply engaged, or spurred on by fairer hopes and goodly benefices, do not leave ought open, not one chink; yea they come so far as to say that those Counsels which were not called by the Pope are bastards, & illegitimate, void and of no effect: condemning by this opinion those four General Counsels which Gregory the Great did reverence as the four Gospels; beside, a great many more which w●re either holden without the Pope, or at lest which were not of his calling, or where he was not Precedent. 8 True it is, that some others which are more subtle, to wave this objection put in this alternative [Or consented unto, and approved by him] whereby they give us to understand, that without this approbation all those ancient Counsels should be either heretical or without effect; always putting the Pope's authority above a Counsels. I know very well that all learned men and truly religious souls do abhor this: But seeing our Sophisters nowadays do here bring their own dreams and fancies to make a clear cas● seem doubtful; and seeing they cannot deny but the Emperors called those Counsels, they run to the Pope's consent or authority, maintaining that it was ever interposed. I shall prove the contrary by the Acts of ancient Councels● by the testimony of Histories, and by the Pope's own confessions, or their Decrees. 9 The Council of Nice was called by the Emperor Constantine, Eusebius de ulta Constant. l. 3 c 6. Theodoret. l. 1. c. 7. Ruffin l 10. c 1● Hist tripartit. l. 1. c ult l. 3. c. 9 13. l. 10. cap 2●3. Zonara's to. 3. V. Tom. 1. Condil. V. Isidori d●cret. Parisus impress. ann. 1524. p. 79. Et ann. 1535. p. 74. Et confer cum collectione Concilior●m Generalium Edit. Colon. 1537. p. 314. Et an● 155● by virtue of his Edict; as is set down in the beginning of the Acts thereof, Chapter the 5● The Emperor seeing there was some trouble in the Church, called a General Council, exhorting by his letters all Bishops to repair unto Nice, a City of Bythinia: The same is affirmed by Eusebi●●, Theodoret, Socrates, Zonaras, Ruffin and many others. Whence we discover his forgery that framed the Epilogue of the second Council of Rome; In the time (saith he) of Pope Sylvester and Constantine the Emperor, there was a great Council holden at Nice in Bythinia, where three hundred and eighteen Catholic Bishops were regularly assembled by the call and command of Pope Sylvester. If this be true● the Acts of that Council are false, and so many ancient Authors all liars which ascribe the Convocation of it to Constantine. 10 And yet this goodly Epilogue is foisted in among the Counsels, as if it were an ancient piece, whereas the author of it is but a modern man: for he hath enlarged Isidores prefaces, putting in many things of his own head● as in that of the Council of Ephesus: For Isidore having said simply, At which Council the most happy Cyril Bishop of Alexandria was precedent: This fellow puts in of his own, Instead of Pope Celestine: Which is detected by comparing Isidores Decree printed at Paris ann. 1524, and 1537, with the collection of General Counsels printed at Cullen ann. 1537, and 1551. Bellarmine gives us ground enough to know it also, inasmuch as he never maketh use of it. It is true, he maintains that that Council was called by the Pope's consent: which he strives to prove by the testimony of the Pope himself, Counsels called by the Emperor Constantine. namely of Damasus in his pontificale. Wherein he behaves himself so mildly, that he may justly be accused of prevarication, seeing that some copies have it praecepto, and not consensu: so that he might maintain by the authority of Damasus, that Constantine called it by the Pope's command: But seeing he is not willing to undertake so much, let us rest content with what he proposeth us 11 The Nicene Council (saith Damasus) was holden in Sylvesters time with his consent. So was it with the consent of other Bishops either tacit or express. But if Bellarmin will refer this to such a consent as was necessary for the calling, he had need of another proof. He hath recourse unto the Acts of the sixth General Council holden at Constantinople, where it is said in the tenth action, That Constantine the Emperor and Pope Sylvester assembled the Nicene Synod. But these words which are spoken only upon the by, and by some men which treat about another matter, ought not to have more force than the authority of so many Historians, some of which lived at the same time; yea than the very Acts of the Council itself, where it is plainly said that it was called by Constantine, without any mention of Sylvester. The testimony of Ruffian will not avail him aught, when he saith that Constantine called it by the advice of the Clergy: for suppose the Pope gave his advice amongst the rest, yet for all that there is nothing that concerns him in particular; and to limit those words to the Pope's advice alone, were to make that author speak what he never thought; they should rather be referred to the Bishop of Alexandria, who entreated of the Emperor, and obtained the calling of that Council, as Epiphanius witnesseth. Theodoret. l. 5. c. 6 12 The second General Council was called by Theodosius in the City of Constantinople: Being come to the Empire (saith Theodoret, speaking of him) he purposed in his mind above all things to provide for the unity of the Church, and to that end commanded all Bishops, of what Bishoprique soever, to repair to Constantinople. The letters of that Council written to the same Emperor are sufficient proof hereof; for after they have thanked God for giving them Theodosius for their Emperor, they add, Since the time of our assembly at Constantinople by your command etc. And afterwards follow the Canons of the Council, with this inscription, ●xtat. haec epist. in libello constitut●onum Synodalium. Tom. 1. Concil. These are the things which were decreed by the Bishops that came to Constantinople out of diverse Country's, being called thither by Theodosius ●he Emperor. Zonara's confirms it, By the Emperor's command (saith he) was the second Council proclaimed, and the holy Fathers assembled at Constantinople, etc. 13 In all these places there is no talking of the Pope's consent. Bellarmine opposeth the letters which the Fathers of this Council have writ to Pope Damasus, where they say themselves that they were assembled at Constantinople, by command of those letters which he sent to the Emperor: but for this point he hath not well understood it. We shall make it appear by the very text of that Epistle, how the sense which he puts upon it, is far from the words and contrary to the truth. First see here the inscription of it, To our most honoured Lords, most reverend and most devout Fathers and associates, Damasus, Ambrose, Britton, Valerian, Ascholius, Anemius, Basil, and other holy Bishops assembled in the great City Rome, the holy Senate of Orthodox Bishops assembled in the great City Constantinople, send greeting in the Lord, And a little after the beginning of the Epistle, it is said, But after that you, proceeding by the will of God, to the calling of the Synod of Rome, of your brotherly charity called us thither as your fellow members, by virtue of the letters of the most devout Emperor, that we alone having endured the afflictions, you might not now r●igne without us under the peace of th● most pious Emp●rour, but receive us rather into the society of such a Kingdomed according to the word of the Apostle, Counsels called by the Emperor Th●odosius. we have all earnestly desired (if it were possible) to apply ourselves to your desire, or rather to the present exigency, leaving our own Churches; but considering how by this means those that were restored again would be abandoned, and many of us could not do it, by reason that we resorted to Constantinopl●, upon those letters sent the last year, by your Reverences, to the most holy Emperor Theodosius, after the holding the Council of Aquil●ia, etc. for this reason and others such like, seeing we cannot all come, we have entreated our brethren and companions Syriacus, Eusebius and Priscian Bishops, to take so much pains as to come unto you, to let you understand the desire we have of the union. This Epistle is extant at large, in Theodoret, Theod. l. 5. c. ●● and the Acts of the Council of Constantinople. 14 Now we must observe diverse things which will serve us for an answer. First, that these letters of the Synod of Constantinople are not directed to the Pope alone, but to the whole Council assembled at Rome, as is plain from the inscription and tenure of them. Secondly, that those other letters which they mention, were not sent by Pope Damasus to the Emperor Theodosiu● (as Bellarmine would have it) but by the Council of Aquil●ia, where the Pope was not present. Thirdly, that by those letters they neither enjoin nor command the calling of a Council, as he dreams, but only they acquaint the Emperor Theodosius, as also the Emperors Gratia● and Valentinian, with the resolution which they had taken in their Council, about condemning the doctrine of two old men Palladius and Secundianus, and some other points. It is very true that they entreat them to cause them proceed to judgement and condemnation of them, and some other of the same sect, which gave occasion to the Emperor Theodosius to call the Council of Constantinople. 15 For full proof of all this, you need but read it in the letters which the Council of Aquileia sent to the said Emperors; Extat inter Acta Concil. Aquileiensis Tom 1. Concit the inscription whereof is this. To the most mild Christian Emper●urs, and most happy Princes, Gratian, Valentinian and Theodosius, the holy Council assembled at Aquileia sendeth greeting. After the narration of the proceedings therein, and the designs which the Arrian Bishops had there, they say in fine, We do abhor (most mild Princes) such execrable sacrileges, and such wicked doctrines; and to the end that they may deceive people no more, we have thought good that they be degraded from their Priesthood, and beseech your majesties to cause such patrons of impiety be driven out of the Church, and make them be summoned befor● competent judges. They further entreat them to hinder and forbid the followers of Photius from making of assemblies. 16 Any man may now judge whether these letters contain any command to the Emperor for calling a Council, and whether the Pope made any such command, who was not present in that Council, neither in person nor by proxy. Bellarmine hath taken up the error of one of the Latin translators of Theodoret who renders these words [〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉] mandat● vestrarum literarum, [by command of your letters] in stead of, per vestras literas, [by reason of your letters] in as much as these letters gave occasion to the Emperor Theodosius to call the Council of Constantinople, bu● not by the Pope's command: Yea the Council of Constantinople was so far from being called by the Emperor upon the Pope's command, that on the contrary the Pope summons the Eastern Bishops to the Council of Ro●●, by virtue of the Emperor's letters, as the forecited letters of the Council of Constantinopl● run. 17 Bellarmine brings also the authority of the sixth General Cou●●ell but, under correction, he hath foisted in a little too much of his own; ●or it is said simply, The third General Council not called by the Pope. Macedonius denied the divinity of the Holy Ghost, but Theodosius and Damasus opposed him stoutly● Bellarmine adds, by the second Synod. He might well have opposed him before the Synod, yea, in the Synod, by means of his Legates, as some other Bishops did; he is named only as the foreman of them; but it follows not, therefore that the Council was called by him or by his authority. 18 The third General Council was called at Ephesus by the Emperor Theodosius: the Historians that speak of it make no mention at all of the Pope's consent. I will set down the places, Socrates l. 7. c. 34. The Bishops (saith Socrates) came together from all parts, and met at Ephesus by the Emperor's command. Nestorius (saith Evagrius) would not submit to the advice of Cyrill and Celestine Bishops of old Rome, Evagrius l. 1. c. 3. but belched out his venom against the Church, and demanded that a Council might be assembled at Ephesus by the authority of Theodosius the younger, who at that time governed the Eastern Empire: Wherefore letter● were dispatched from the Emperor unto Cyrill and the rest of the Bishops. Niceph. l. 14. ●. ●4. 19 Theodosius (saith Nicephorus) commanded by his letters Imperial the Bishops of all places to come to Ephesus, setting them a day against the feast of Pentecost. This Council of Ephesus put this inscription to a letter written to the Synod of Pamphylia, The holy Synod assembled at Ephesus by the grace of God and good pleasure of the most devout Kings, to the holy Synod of Pamphylia, greeting. V. Libel. Constitut. Synodal. Tom. 1. Concil. Et Acta Concil. Ephe●ini. And in another Act afterwards. The Synod by the grace of God, and by virtue of the Edict of our most devout Kings, lovers of Christ, assembled in the Metropolitan City of Ephesus, etc. The Kings which these Acts speak of are the Emperor's Theodosius and Valentinian. 20 But there is no need of these authorities, considering that we have the Acts of that Council yet extant, which may clear the doubt that might be raised. If there be one single word in them whence it may appear that Theodosius required ●ope Celestines consent to the calling of that Council, than Bellarmi●e shall win the day; but withal if there be nothing spoken of it, however the Acts are very large, he shall give us leave not to believe it. Those Acts speak in divers places of the convocation, but so as it is always ascribed to the Emperor's Theodosius and Valentinian without any mention of the Pope. 21 The 25 Chapter of the first Tome contains letters of the same Emperors sent unto Cyrill to command him to come, but no news of the Pope. In the first Chapter of the second Tome, it is said, The Synod was assembled in the Metropolitan City of Ephesus, by virtue of the Emperor's Decree: Not a word of the Pope. In the same Chapter it is commanded, Let the Edict which was sent by the most pious and most Christian Emperors be read, and give light like a torch unto such things as we now begin to treat of. The 17 Chapter of the second Tome contains those letters which the Fathers of that Council writ unto the said Emperors, whereby they certify them of the coming of the Pope's Legates; and mentioning the Council they add, Which your majesties commanded to meet at Ephesus. In the 18 Chapter of the second Tome Cyrill saith, in an Epistle of his to certain Bishops, The time for holding the Synod was appointed by the most devout Emperors, to be upon the day of Pentecost; so did their first letters, by which we are summoned thither, command. The 19 Chapter of the same Tome contains a certain writing of the Clergy of Constantinople, which begins thus; The sacred Synod assembled at Ephesus by virtue of the Edict of the most devout, and most Christian Emperors, having found that the enemy of Christ continues obstinate in his perverse opinion, hath deprived him of his orders, and degraded him. There are many other places in those same Acts, where that convocation is spoken of without ever ascribing it to the Pope; nor part, nor quart, (as they say,) and yet the contrary is debated amongst us. 22 But (saith Bellarmine) Cyrill was in that Council as the Pope's Legate; Bellarmine's put-offs refuted a certain argument that it was not called without his consent. We deny both the one and the other: For you must know that the Nestorian heresy was condemned in a Council holden at Rome by Pope Celestine; and forasmuch as Cyrill Patriarch of Alexandria, the professed enemy of Nestorius' Patriarch of Constantinople, had formerly written unto Pope Celestine about it; the said Celestine certified him of the resolution which had passed upon it, and entreated him withal that he would be pleased in his stead, to cause the sentence of the Synod of Rome to be put in execution. 23 All this was done before there was any speech of the Council of Ephesus, as i● plain out of the letters of that Council, written to the Emperors, the words are these; Celestine the most holy Bishop of Great Rome, had signified the judgement which was passed by him and his before any Synod was assembled at Ephesus, and entrusted in his stead Cyrill the most holy and religious Bishop of Alexandria, with the putting of that in execution which was determined at Rome. So then he was not sent by the Pope to supply his place at the Council of Ephesus, which is properly to be a Legate. Nor had he any express charge from the Pope to supply his place in that Council, for there is no mention at all of any such command. We conclude therefore that it cannot be inferred from thence, that there was any particular consent of the Pope in the calling of that Council. We do not yet meddle with the Presidency of Cyrill, that we reserve for another place. 14 This notwithstanding Bellarmine urgeth some authors for proof of his assertion, namely Evagrius, Photius, and Celestine himself in his Epistle. They all say that Celestine by his letters did substitute Cyrill in his place. It is true; but it is true withal, that when those letters were written he spoke not of the Council of Ephesus, but of that of Alexandria, which was holden by Cyrill. Besides, the Pope sent his Legates to Ephesus, in number three to supply his place; which he would never have done if he had taken Cyrill to have been there in his stead. It is true moreover, that Cyrill, who would have ●ad it so in opposition to Nestorius, to gain himself the more authority at Ephesus, during the time of that Council, did serve himself of that substitution which had been formerly granted unto him. But this makes nothing at all for the Pope's consent to the calling of the Council, which is the point now in question. 25 Bellarmine flies to the authority of a Chronicler to prove the Pope's consent. Prosper (saith he) shows in his Chronicle, Prosper in Chron. that the Council of Ephesus was holden by the industry of Cyrill, and the authority of Celestine. Under correction he never thought so; The year 431 speaking of the heresy of Nest●rius, who taught that our Saviour Christ was borne of the Virgin Mary, not God● but mere man. This impiety (saith he) was principally opposed by the industry of Cyrill Bishop of Alexandria, and the authority of Pope Celestine. There is no mention of the Council of Ephesus. But at the year 434 in these words, The Synod being assembled at Ephesus, of above 200 Bishops, Nestorius was there condemned, and that heresy which took the name from him. There is nothing there for the Pope's consent. Martinus Polonus in Celestino sub ann. 42●. Martinus Polonus would have afforded him a more favourable testimony, for he saith that the Synod of Ephesus was assembled by the commandment of Pope Celestine and Theodosius the younger. But what can an upstart Historian, who writ not till 250 years afterwards, testify against so many Acts? Bellarmine knew that well ●nough. 26 Nor do we find that the Emperor's Valentinian and Martian asked the consent of Pope Leo for the calling of the Council of Chalcedon. Act. 1. Concil. Chalc. Tom. 1. Concil. In the first Act whereof it is said, That a Synod was held in Chalcedon, the Metropolitan of Bithynia, The Cou●cell of Chalcedon not called by the Po●e. by the Decree of the most devout and faithful Emperors, Valentinian and Martian. The Emperor Martian witnesseth as much himself in his constitution for the confirmation of the Council; L. 3. C de sum. t●●m. For (saith he) whosoever dare call in question, and publicly dispute those things which have been once judged and well determined, he wrongs the reverend Synod: forasmuch as those things which were agreed upon concerning the Christian faith, by the Clergy assembled in Chalcedon, by our command were determined according to Apostolical expositions, etc. And Martinus Polonus saith, The fourth Synod of Chalcedon, consisting of six hundred and thirty Bishops, was holden by the industry of Pope Leo, and the command of the Emperor Martian. No body denies but that Council was assembled by the industry of Leo, who was a solliciter for it; but those Emperors were so far from desiring his authority and consent, that on the contrary he used earnest prayers to Theodosius for the obtaining of the Council; bestowing tears to that end, which he said were shed for his Clergy: using withal another man's favour in his suit. 27 After the death of Theodosius, Valentinian and Martian were more favourable unto him: they granted him a Council after they were petitioned by his Ambassadors. Martian writ a very honest letter unto him, whereof Bellarmine now serves himself to prove that the Pope's consent is requisite to the calling of Counsels, Extat haec epist inter epist praeambulares Concil. Chal ced. Tom. 2. Concil. p. 126. The Emperor (saith he) entreats the Pope to come and hold the Council. There is no such entreaty, but only these words, It remains, that, if it please your Holiness to come into those parts to celebrate the Council, you would be pleased to do so out of religious affection. The Pope by his letters, and by his Legates desired two things; that a Council might be kept, and that it might be in Italy: the first he obtained, the second was denied him. True it is that Martian qualified the denial with fair words, as that, If he would not be present at it, he would tell them so, to the end that they might call the Bishops unto that place which should be pitched upon, to provide for the Christian religion, and the Catholic faith, by their decision; as your Holiness shall determine according to Ecclesiastical constitutions. I find no other consent to the calling of it, but such as stands with a petitioner. Indeed seeing he desired it, and that in such manner as we have said, it follows that he consented unto it; but divers other Bishops have the same plea that he hath, in as much as diverse times they became petitioners to the Emperors for the holding of Counsels. 28 Bellarmine urgeth a letter written by certain Bishops of Bursia, wherein they say, That many holy Bishops are assembled in Chalcedon, by the command of Pope Leo. But it is a hard case that he would rather trust those poor ignoramus's whom the distance of place and inexperience of affairs doth in some sort excuse, than the truth of the Acts. Considering withal that these Bishops speak more in this point than he would have them; for he standeth only for the Pope's consent, and they ascribe unto him the command. Why doth not he speak as they do? If they be mistaken in the command why should we believe them about the consent? especially seeing they never speak of it? 29 Afterwards he descends to domestic testimonies; as to Pope Gelasius his Epistle to the Dardan Bishops: where he saith, That the Apostolic See by her sole authority, decreed that the Council of Chalcedon should be holden. Decreed it indeed, but with prayers, entreaties, and tears, with much passionate importunity to the Emperors. See wherein that authority consisteth: see how the Popes would make us believe it! 30 The same question is concerning the Council of Sardis; to the convocation whereof Bellarmine pretends that the Pope's consent was required, and that by Emperors themselves: He takes a great deal of pains to fight against the truth, which he hath obscured, but not extinguished. Counsels called by Emperors. We can easily evidence to the contrary; Then (saith Socrates) there was a General Council appointed, that all should repair to Sardis, a City in Illyri●m, and that by the will and pleasure of the two Emperors; the one by his letters requiring it; the other, who governed in the East freely condescending unto it. The Bishops of the same Council in their letters to all the Churches speak on this manner; of●ardis ●ardis. Extat h●c epistola in libello Constitutions Synodalium to. 2. Concil. Et in fragmentis Pithoeani●. Et apud Theodorat l. 2. c. 8. Et apud athanas. apolog. 2. Let us hear wh●t Bellarmine urgeth to the contrary: he brings a passage out of Socrates, where he saith, That the Eastern Bishops lay the blame of their absence from the Council of Sardis upon Pope julius, because the time allotted them for their coming was too short. Whence it follows (saith he) that the Council was not called by the Emperor alone, but by Pope julius also, yea and that principally by him. But he mistakes himself in his inference; Pope julius was deeply engaged for Athanasius, he had written in his behalf certain angry letters to the Oriental Bishops assembled at Antioch; gaining nothing at their hands, he addressed himself to the Emperor Constans, and persuaded him to write to his brother Constantius, to send certain Bishops to Rome to answer for their rejection of Paul and Athanasius: Lastly, after some other accidents which befell about that point, it was decreed by the will and pleasure of the two Emperors, that the Bishops of both sides should meet at a day appointed in Sardis, a City of Illyrium. Sozomen l. 3● cap. 9 &. 10. All that we say is related by Sozomen, without any intermixing of aught of our own. So that it is not without good reason that the Eastern Bishops imputed the shortness of the time unto the Pope, seeing they had occasion to believe that he had prosecuted and obtained the holding of that Council without allowing them sufficient space to come thither. CHAP. II. Other examples to prove that the Pope's consent was not required to the calling of Counsels. 1 HEre Bellarmine stops, and speaks not of other Counsels which were holden afterwards: it is true that he seems to dissipate and dispel all that we have replied concerning the former Counsels with one puff: that is, that for four or five Counsels which the Emperors called, the Popes have called a dozen. He puts us upon the necessity of urging other examples over and above the former. If any of those with whom Bellarmine bickets, had delivered a thing so exorbitant, and remote from all truth, he would have given them the lie, and hooted at them. Let us show the contrary without passion, without calumny: for these are things mis-beseeming learned men, and especially those that meddle in these matters. 2 The fifth General Council holden at Constantinople, under the Emperor justinian, was called by him without the Pope's consent. This is proved out of his own letters, Eight General Counsels call●d by Empep●rou●s. We have summoned you (saith he) unto the royal City, exhorting you in general, that when you are come thither, you would declare your opinion and your minds about these matters. Nicephorus witnesseth as much, justinian. in epist ad Episcopos Synodi Constantin. Tom. 3. Concil. Niceph l. 17. c. 17. Zomaras Tom. 3 in Constantino 4. Martinus Poton●● in Constantino 4. Et Iustin●a●o 2. Et in Agathone & sub ann. 670, 678, 687. Canone Habeo horum dist. 19 Canone, Sexta Synodus. dist. ●adem. The Emperor justinian (saith he) called the fifth Ecumenical Council, and cited the Bishops of all Churches unto it upon this occasion. 3 The sixth General Council was called at Constantinople by the Emperor Constantine the 4, as Zonaras testifieth; Constantine (saith he) being an Orthodox Prince, laboured to unite the Churches, that were at odds by reason of the heresy of the Monothelites, who sprang up after the reign of Heraclius, his great Grandfather: whereupon he called a Council at Constantinople. Martinus Polonus ascribes the Convocation of that Council to the Emperor Constantine; and speaking of Pope Agatho, he saith nothing of him, but only that the sixth Synod was holden in his time. 4 He saith as much of the first Nicene, when he speaks of Constantine the Great, and Pope Sylvester. But for the Pope's consent there is no news at all. The Popes themselves witness this truth in their Decree compiled by Gratian. For it is said in the sixth distinction; The 6 holy Synod after the publication of the sentence against the Monothelites, the Emperor that called it dying presently after, etc. And in another place, The sixth General Council was holden at Constantinople, in the time of Pope Agatho, by the care and diligence of the Emperor Constantine who was there in person. The Popes verily have done themselves a great deal of wrong, that they declared not that Convocation to be made by their authority; for it is not their fashion to forfeit their right for want of demanding, or of publishing it. Synodus Nic. 2. in princ. Tom. 3. Council p. 452. Tarasiu● in Epist. ad joannem presbyt. tom. 3. Concil. p 549. Zonara's tom. 3. 5 The Acts of the second Nicene, which is the seventh General Council, tell how it was called by Constantine, and his Mother Irene. The holy and General Synod assembled by the pious Decree of those Emperors, in the most famous City of Nice, the Metropolis of Bithynia. And this is confirmed by that letter which Tarasius Patriarch of Constantinople, writ unto a certain Priest, inserted in the Acts of the Council; and by that which Zonaras speaks of it. 6 The eighth General Council, which is the sixth of Constantinople, was called also by the Emperor Basil, witness Zonaras: Zonara's tom. 3. in Basilio Imp. Basil (saith he) come into the great Church upon a festival day, to receive the unbloudy sacrifice, was hindered by Photius the Patriarch, who called him murderer: but he being incensed with this repulse, calling a Council, cast Photius out of the Church. 7 Cardinal Cusan freely confesseth that the Emperors had anciently this right of calling Counsels: Nicolau● Cusanus, de Concordia Cath. l. 2. cap. 2. Yea he affirmeth that the eighth General (whereof we have spoken) were called by them, Howbeit (saith he) we read that the General Counsels were ofttimes called by the Emperors, yea all the eight, as may be proved out of their Acts; yet notwithstanding in those Counsels the Pope had always the authority of presiding. So then in his opinion the Pope had no share in the calling; that's all which we demand for the present. As for the presidence that's another matter● we will speak of it anon. 8 This is no small thing that all the eight General Counsels were called by the Emperors. I say the eight General, which are acknowledged to be such by the Pope: But we will find more yet: Theodoret speaking of Athanasius' adversaries saith; Theodoret. l. 1. c. 28. He persuaded Constantine the Emperor to call a Council at Caesarea in Palestine; and to command that Athanasius should be arraigned: but St. Athanasius knowing the malice of his judges, went not to the Council. He afterwards adds, He suspecting that Athanasius would not appear in Caesarea, by reason, I suppose, of the Bishop of that place, commanded that the Council should meet at Tyre. Pope's petitioners for Councils. Eusebius in the life of Constantine, speaking of the same Synod of Tyre saith, The Emperor called together a great company of Bishops out of Egypt, Africa, Asia, and Europe, and opposed them as an army of God against that enemy of mankind. Eusebius in vita Const. l. 4. c. ● 1. V Concii. Carthag. ● an princ. tom. 1. Concil. p. 6●2. 9 The Acts of the first Council of Carthage testify, that it was called by Constantine, where Crates the Bishop of that City, speaketh thus: L●t us thank God that he hath inspired the religious Emperor Constantine, with a desire of the union of the Church, and to send Paul and Macarius, servants of God, as his ministers in this holy work: to the end that we may hol● Counsels in diverse Provinces. 10 Theodoret, speaking of the Council of Antioch; Theodoret. l. 2. c 21. About that time (saith he) Constantine making his abode at Antioch, called and assembled the Bishops together again. 11 The Council of Aquileia writes thus unto the Emperors, V. Gesta Conc. Aquil. eiensi● to. 1. Concil. p. 717. Gratian and Valentinian; We give you thanks● most mild Princes, that, for the taking away of all quarrels, you have taken the pains to assemble an Ecclesiastical Council, and of your bounty have done this honour unto the Bishops, that such as would might come, and no man be compelled. 12 About the year 413, The Emperor's Honorius and Theodosius the younger, called a Council at Carthage, consisting of 313 Bishops, for the condemning of the Pelagians; so Martinu● Polonu●. Martinus Polonus in Honouring sub ann. 412 And speaking of Pope Innocent the first, who lived at the same time, he saith indeed that he condemned Pelagiu●, but it was not in that Council; whereto he neither gave consent for the calling of it, nor had voice in the decision. 13 Under the same Emperors there was a disputation and conference holden in the same City betwixt the Catholic Bishops and the Donatists, where St. Austin was present, and where all the Bishops of Africa, both on the one side and the other were summoned to appear. Flavius Marcellinus one of the Emperor's officers, was made judge there; to whom those who appointed the place of meeting direct these words, V. Gesta Collat. Carthag. circa princip. Your greatness hath sent us through the Provinces according to the Emperor's command, and hath dispatched his edicts & injunctions through all Africa; to the intent that all Bishops, as well Catholics as Donatists, should come unto this conference within four months. 14 The Fathers of the General Council at Constantinople in Trullo, speak thus unto the Emperor justinian the second, V. Acta sext● Synodi, in Trullo apud. Bal●amon. You ordained that this holy General Council, elected by the divine providence, should be called together. And anon, Upon this occasion we have written these holy Canons, being assembled together in this Imperial, and religious City by your piety's special command. 15 The Acts of the fourth Council at Rome assembled under Pope Symmachu●, In prin. Romanae Synodi 4. to. 2. Con. p. 472. show that it was called by the command of King Theodoric, than ruler in Italy. Th●● holy Synod assembled at Rome out of diverse Nations by the command of King Theodoric, etc. 16 Those of the Synod of Aix the Chapel in Germany, holden under the Emperor Lewes in the year 816, speak in this sort● To. 3 Concil. p. 820. Author. appendicis ad Eutrop. Whereas the most Christian and glorious Emperor Lewes hath called a holy and General Council at Aix, etc. He that writ the continuation of the History of Eutropius, speaking of the Emperor Lewes the second, the son of Lotharius, saithe The royal Majesty opposed the Apostolical dignity, objecting to the Pope the ancient decrees of Fathers, whereby it is not lawful for a Prelate to excommunicate a Bishop without a Synod: which Council ought not to be called by the Pope, but by the Emperor. All this is spoken in favour of john Archbishop of Ravenna whom Pope Nicholas the first had excommunicated. Counsels called by the Emperor. 17 The Emperor Otho the Great, after he had admonished Pope john the 12, and saw that he would not amend his scandalous life, Called a Council (saith Platina) making all the Bishops of Italy meet to condemn that wicked person. The Emperor Henry the 3 (saith the same Platina) having called a Council after he had there compelled Bennet the 9, Platina in joanne 12. Idem in Gregorio 6. Sylvester the 3, and Gregory the 6, as three most hideous monsters to renounce the Popedom, he created Sindegerus Bishop of Bamberg Pope, who was afterwards called Clement the 2. This was done in the year 1047, The Emperor Henry the 3, having called a Council at Worms, Martinus Polonus sub ann. 1067. consisting of 24 Bishops, and diverse noble men commanded that all the decrees of Pope Gregory the 7 should be cassed and canceled. 18 Radenicus speaking of the Emperor Frederick the first, Supposing (saith he) that after the example of the ancient Emperors, Radenicus l. 2. de gestis Fred. c. 54. Idem lib. 2. c. 64. jean le Maire en la seconde party du schism. as justinian, Theodosius, Charles, etc. the power of calling a Council belonged unto himself. And elsewhere he makes Frederick speak in the same tone, in that oration which he delivered to the Council. The Council of Constance (saith john le Maire) was assembled by the command of the Emperor Sigismond, and by the common consent of the five principal Nations of Christendom, namely the Germane, French, English, Spanish and Italian for noting out of schisms. 19 The Bishops thus called by the Emperors (that we may note this by the way) were bound to go to the Counsels; which is sufficiently verified out of those places we have formerly alleged: for the Emperor's summons being legitimate, it must needs follow that the parties summoned were bound to make their appearance. But it is requisite we prove it out of the Acts themselves, for there are some of the Pope's Advocates which run to this lurking hole. Constantine the Great, without any prejudice to those honours which he had granted unto the Bishops of the Nicene Council, writ thus to that of Tyre; Theodoret. l. 1. c. 24. If there be any (as I hope there are not) who cunningly goes about to slight our command, and refuseth to come unto the Council, we will send some from hence who shall dismiss him of his dignity; to teach him that no man may contradict Imperial ordinances made in behalf of the truth. So the Emperor Theodosius, when he called that of Ephesus, which was the third General Council. Nicephorus saith he added thus much unto his letters. Niceph. hist. l. 14 c. 34. That he would not hold him excused neither before God nor man, who should not make his appearance at Ephesus upon the day of Pentecost appointed: For (saith he) he who after citation to a holy assembly of Bishops, doth not run with cheerfulness, he gives us to understand that he hath no good conscience. There is yet this clause more; So than we, being diligently employed about this business which we have set our mind upon, V. Tom. 1. Act. Concil. Ephes. c. 25. will not suffer any man to be absent, without punishing him. 20 Let us now return to our former discourse. We suppose our adversaries are so reasonable that they will content themselves with these many examples which we have urged; and I believe they will suffer themselves to be persuaded hereafter, that the Counsels we speak owhere not called by the Pope's authority, or consent. If so, those Historians which write of them do grossly abuse us, considering they never speak a word of it: the Acts of those Counsels which are yet extant amongst us for the most part, must be accused of falsity, which are silent in a matter of such moment. The Popes themselves have prevaricated in their own cause, who have never mentioned their pretended consent, when they speak of the convocation made by Emperors; as when they make mention of the sixth General, and the four first so much renowned Counsels. Harken w●●t Pope Gelasius saith to it in his Council holden at Rome, As for the four first General all Counsels, three of them were called by the Christian Emperors; Can. Sancta ●omana. dist 15 to wit, the Nicene by Constantine, that of Constantinople by Theodosius the elder, and that of Chalcedon by the Emperor Martian. He might have added the fourth at Ephesus, Counsels c●lled by the Emperor. which was called by the Emperor's Theodosius and Valentinian. Harken what is said hereof in another place of the Decretes concerning the Council of Milan; The Emperor Valentinian desiring to put a Catholic Bishop in the City of Milan, after the death of Auxentius the Arrian, Can. Valentinianus. dist. 63. having called the Bishops together, spoke unto them in this manner; You know very well, as being versed in Scripture, what manner of man a Bishop should be, etc. And afterwards. The Synod desired him to make choice and nominate one himself. So that St. Hierome ought to have used another phrase, when he said in his Apology against Ruffian, Hieron. l. 2. apolog. contra Ruffin jacobatius l. 3. de Conc. art. 1. Bellarm. l. 1. de Council c. 12. circa princip. Tell me by what Emperors command that Synod was called? He who was a Clergyman should rather have said, Tell me what Pope consented to the Synod? For our Sophisters hold, that the Pope's authority is the sovereign plaster, which salves all: and that it is no matter who call them, so that his authority come in any way, either in the beginning, the middle, or the end. But what will they say when we shall make it appear, that the Popes themselves became supplicants to the Emperors to entreat them to call Counsels? That they became the Emperor's servants in calling them at their command? That they were summoned unto Counsels as well as other Bishops? Yea that the Emperors have holden Counsels sometimes without them, sometimes against them? It is necessary that we treat a little at large of all these Articles, to take away all means of shifting, and evasions from such as will not yield to reason. CHAP. III. That the Popes have been suitors to the Emperors to get leave of them for the holding of Counsels. WE descend to the proof of this point not without good reason; considering that some have ventured so far, as to affirm that the Emperors called Counsels only by commission from the Popes. Cardinalis I●cobatius lib. 3. the Council art. 1. V. etiam Bellarmin. l. 1. de Concil. c. 13. ubi de Concilio Constantinop. 1. Alleging to this effect a misconceived passage out of the epistle sent by the first Council of Constantinople to the Council at Rome, which we have expounded in the first chapter of this third Book. We therefore maintain this assertion to be so far from truth, that on the contrary the Popes have become humble suitors to the Emperors, to desire of them that they would call Counsels. 2 Pope Liberius, upon the instance made unto him by Constantius an Arrian Emperor, to abandon Athanasius, considering how he stood condemned for a heretic by a Synod, makes this reply, Theodoret. l. ●. c. 16. That in proceeding to Ecclesiastical censures, great equity ought to be used, and therefore if it please your Holiness command that an assembly be called to sit upon him to the end that if he be to be condemned's sentence may pass upon him in manner and form Ecclesiastical. By which words he means nothing else but the calling of a lawful Council. Which may be collected from the sequel of that discourse betwixt Constantius and Liberius about the Council of Tyre, wherein Athanasius had been condemned: As also from that which Ruffian delivers concerning this particular in the sixteenth chapter of his Ecclesiastical History. O●he●●oun●els ●●lled by Emporiums. 3 Pope Celestine with his fellow Patriarches were petitioners to Theodosius the Emperor for the Council of Ephesus. These things were no sooner known to the other Patriarches (saith Zonaras, Zonara's tom. 3. speaking of Nestorius' Patriarch of Constantinople) but Celestine Pope of Rome, Cyrill Patriarch of Alexandria, john of Antioch, and juvenal of jerusalem opened the cause to the Emperor Theodosius and Pulcheria the Empress, humbly entreating them to cause the opinions of Nestorius to be examined in a Council. 4 Sozomen reports, Sozomen. l. 8. c. 2●. (in his eighth book, and 28 Chapter) how Pope Innocent sent five Bishops and two Priests to the Emperor's Honorius and Arcadius, to entreat a Synod of them, together with the time and place for the calling of it. 5 Pope Leo, together with the whole Synod assembled at Rome, earnestly entreats the Emperor Theodosius in his 23 Epistle, Leo epist. 23. et 31 et. 24. that he would command a General Council to be holden in Italy. He repeats the same request to the same Emperor in his thirty first Epistle: and withal makes use of the favour of the Empress Pulcheria in his twenty fourth Epistle: As also of the Empress Eudoxia, as appears by her letter to the Emperor, and his answer; which are recorded in the Acts of the Council of Chalcedon; Zonara's l. 3. p. ●8. and further confirmed by the testimony of Zonaras. 6 Pope Gregory exhorts one of our Kings to command a Council to be called, for the punishing of the vices and abuses of the Clergy within his Realm; Gregorius in registro c. 273. We are urgent upon you by our second exhortation, that for the reward which you shall thence reap, you would command a Synod to be assembled, and (as we have long since writ unto you) cause the corporal vices of the Priests, and the foul heresy of Simony to be condemned by the joint sentence of all the Bishops; and to be utterly rooted out of all the confines of your dominions. This passage is the more remarkable, in as much as it is put into the Canon by some of those that collected the Canons and Decrees of the ancient Fathers: Burchard l. 15 decret. c. 20. and also this his request is often repeated in his several Epistles to King Theodoric, King Theodebert, Gregorius in Registro l. 7. indict. 2. c. 110. et 112. l. 9 indict. 4 c. 53. and Queen Brunechilde. 7 Nor did the Popes herein any thing but what was the common practice of other Bishops; who when just occasion was offered became supplicants to their Princes for the keeping of Counsels. Athanasius reports how himself and some others, Athanasius in epist. ad Solitarios. finding themselves aggrieved by the Arrians, petitioned the Emperor Constans for the calling of a Council; and how upon their entreaty it was called at Sardis, whither the Bishops repaired from above five and thirty Provinces: The list of whose names you may find in Theodoret. T●eodoret. l. 2. c. 8. 8 The Arrian Bishops prevailed with the Emperor Constuntius, for the calling a Council at Milan; Theodoret l. 2. c. 15. They persuaded him (saith Theodoret) to call a Council at Milan a City of Italy; and compel all the Bishops to subscribe to the abdication of the injust judges of Tyre; and to set out a new Creed, and cast Athanasius out of the Church. Thither the Bishops came in obedience to the Emperor's royal command. Eusebius with his partisans, that were of the same sect, Socrates. l 2. c. 8. Sozomen. l. 4. c 22. Idem lib. 4. c. 16 desired the Emperor to have it at Antioch: who by the cunning of the Arrians was wrought at last to proclaim two Counsels, one at Seleucia for those of the East, and another at Ariminum for them of the Western Church. 9 Besides● that at other times also they called Counsels by virtue of the Emperor's authority, is plain from that passage of the letter which was sent by the General Council at Constantinople to Pope Damasus, and the Synod at Rome; where they mention how the Pope and his Council had convoked the Eastern Bishops, by virtue of a commission granted by the Emperor Theodosius; But (say they) whereas you● proceeding to the holding of a Council at Rome, have out of your brotherly charity summoned us thither, by virtue of the Emperor's letters, as your fellow members, etc. Popes summoned to Counsels. So then we are already at a great deal of odds with those people that put the Cart before the horse. CHAP. IU. That the Popes have been summoned to Counsels by the Emperors, as well as other Bishops. 1 Emperors when they intended to call Counsels, were wont to write unto all the Bishops, that they should make their appearance at such places as they appointed; but more especially to the Patriarches and Metropolitans. Thus much we collect out of Eusebius in the life of Constantine; Eusebius lib. 3● de vita Constantini cap. 6. of whom he saith, That he called a General Council, as if he had mustered an army of God; and thither he summoned the Bishops from all parts, by his letters conceived in respective and honourable terms, to make them appear with the more alacrity. 2 The Emperor Theodosius and Valentinian in their letters to Cyrill, tell him, how they had writ to all the Metropolitan Bishops, to make their appearance at Ephesus. Cap. 23. tom. 1. Act. Concil. Ephes. As for the proclaiming of the most holy Council our clemency hath given out our letters to all the Metropolitan Bishops. 3 In the Acts of the Council of Chalcedon, john the Priest, and chief Secretary saith; It is the pleasure of our most Christian, and most devout Emperors, to ordain that this your holy and reverend Synod should be here assembled: We have now in our hands their honourable letters, which we do but intimate to your Holynesses. Dioscorus the Reverend Bishop of Alexandria addeth further. That the most holy and religious letters sent by the most Christian Emperors to every Metropolitan in particular were publicly read, and inserted in the Acts of the Council. 4 And to prove that the Bishop of Rome's case is no whit different from other Bishops, but just of the same rank and quality Hark what follows immediately in the same Acts; Bishop julius (who was Deputy for his Holiness the Archbishop of Rome, and used florence Bishop of Lydia for his interpreter) said that the most holy Bishop of Rome Pope Leo had been summoned by the most Christian Emperors, by their letters of the same tenure. 5 We may observe by the way, that at that time the Greek tongue was so well understood at Rome, and the Latin in Greece, that the Bishops of both Countries were glad to speak by interpreters. Yea in the very same Council of Chalcedon, Act. 16. Concile Chalced. the Emperor Marcian made one oration in Greek for the one part, and another in Latin for the other; the matter of both being but one and the same. The Council of jerusalem made certain Creeds both in Greek and Latin. Sozomen. l. 4. c. 5 The Pope's Legates at the Council of Ephesus had their interpreter to expound their words: Cap. 13. tom. 2. Act. Concil. Ephes. and when Celestines letters were there read, the Acts tell us how the Bishops desired they should be translated into Greek, and read over again: Insomuch that the Romish Legates had almost made a controversy of it, fearing lest they should prejudice the Papal dignity by such an Act; and alleging therefore how it was the ancient custom to propose the Bulls of the See Apostolic in Latin only, The Pope's ignorance of the Greek tongue. and that might now suffice. Whereupon these poor Greek Bishops were in danger not to have understood the Pope's Latin. But the Legates were at last content with reason, when it was evidenced unto them that the major part could not understand a word of Latin. Ca 17. tom. 1. Act. Concil. Ephes. 6 But the prettiest of all is Pope Celestines excuse to Nestorius for his so long delaying to answer his letters, the ground being this, that he could not by any means get his Greek construed any sooner. Pope Gregory the first ingenuously confesseth to the Bishop of Thessaly, that he understood not a jot of his Greek. It is very probable that the proverb of honest Accursius was even then in use; Gregor● in reg●s●ro indict. 4. l. 9 epist. 64. Graecum est, non legitur. The Popes were very capable in those days, of having omnia jura in scrinio pectoris, all laws in their breasts, but not all languages in their mouths. 7 To return to the point in hand: Tarasius Patriarch of Constantinople, speaking in a certain letter of his to a Priest, of the calling of the second Council of Nice, saith; I suppose you have heard how there was a Synod called at Nice, Tarasiu● in ep. ●● joan presb tom. 3. Concil. whither we are gone, as also all true Priests: namely the Delegates aswell of the Pope of old Rome, as of the great Bishops of the East, and diverse other holy Bishops according to the letters of the most devout Emperors. Yea the Pope himself was summoned thither by virtue of those letters aswell as others. Zonara's is more full in the relation where he speaks of that Synod; When all were agreed upon is, holy Tarasius being elected Patriarch, he and the Emperors sent to old Rome, where Adrian was then Pope, and to all other Patriarches, requiring them to send some in their place to assist at the Council. If the Pope had had an hand in these summons with the Emperors, as Tarasius had, some would surely think they had won the day. But lo here you see the Pope summoned, aswell as others, by the Patriarch and the Emperors, to make his appearance at a Council; even he that brags that he is above them all. 8 We may observe in the last place how Bellarmine, after he hath maintained that Emperors could call no Counsels till they had first required and obtained the Pope's consent, forgetting what he said, confesseth afterwards that the Popes were called unto Counsels by the said Emperors, which cannot consist without a downright contradiction: For if Counsels were called only by leave and direction from the Pope, there was no need that he should be summoned himself, seeing it was he that summoned others. But there's yet a better jest behind: For, saith he, Bellarm. l. 1. de Concil. c. 19 The Emperors when they called Counsels, summoned all other Bishops by way of Edict and command: but for the Pope they entreated him, that if he pleased, he would vouchsafe to come thither. I never saw so many fine devises. The prealleged passages do plainly show that all this is nought but wind and smoke. Those letters of the Emperor Martian, which he urgeth for these pretended terms of honour and respect, are no more but the responsories to Pope Leo's own letters, which he had sent by his Legates, as is expressly affirmed in the letters themselves. Leo had a long time been tampering with the Emperors for the calling of a Synod, and at last obtained one: not in Italy, where he desired it should be, but in the East, whither he is by these letters entreated to come: So that these are not the ordinary copy of the Edict, for the Convocation of the Council. CHAP. V. That diverse Counsels have been called either without the Popes, or against them. 1 WE said before that Counsels have been called without the Pope's consent, yea even against them. Counsels called against Popes As for such as have been holden without the Popes, we have precedents in store; the Counsels of Aquileia, Africa, France and Spain. Those which are reckoned in the Canon, prima adnotatio, and others of like nature; Vid Can. prima adnotatio dist. 16. whereof though some were national, some General, (that is, consisting of Bishops out of diverse Countries) yet notwithstanding they were holden without the knowledge or consent of the Popes. 2 It may be said peradventure that the Popes slighted these petty Counsels, and that they only stand for their authority over such as are General. But there is no such matter; for the very same prerogative which they pretend to have over General and Ecumenical Counsels, they stickle for it over others also. Pope Symmachus tells us ●o very roundly. The Counsels of Priest's, which by the Ecclesiastical Canons ought to be holden every year through the Provinces, C●●. Concii. dist. 17. have lost their force and power, inasmuch as the Pope is no longer present with them. It is true indeed that Gregory the thirteenth, when he purged Gratian'ss Decrets, puts those words upon Damasus' adversaries, Can. nec lichit. et Can. multis cadem dist. Lu●tprandus de ●. bus per Europam gestis lib: 6. c. 6. et seq. M. Adamus in hist. Eccles c 55 Plat●n● in. joanne 1●. ●n Benedicto 9 in Sylves●ro 3. in Clement 2. Otho F●i●ingensis lib 1. de gestis Fred rici. Et Radenicus in appendice. Benno de vita et gestis Hildebrand. Platina. in Gregorio 12. V. Acta Conc●l● Pisani 2. Et Arnoldum ●●rronium in I●●dov co 12. N●ucl●rum to. 2. generate. 47. and (to help them for a shift) the ensuing words upon him, Silly fools that you are, did you ever read of aught that was determined in them but by appointment from the See Apostolic, and without having constant recourse to that See to consult when any matter of importance was in hand? 3 Yet still this makes the validity of these Counsels to depend upon the Pope's authority: And Pope Gelasius is in the same tune, saying, That it is not lawful to assemble any particular Council; nor was it ever permitted so to do: but when any question was to be resolved either touching some doubtful passages in General Counsels, or touching salvation, recourse was wont to be had unto the See Apostolic. The several Acts of Counsels both Provincial, national, and General holden in diverse Countries, may easily convince these domestic testimonies of falsity: in as much as it is plainly evident from them that those Counsels were holden without the presence, authority, or consent of the Popes; and yet withal they made some Canons whereof the Popes afterwards served themselves; and were well content they should be enroled in their books. 4 We have also diverse precedents of sundry Counsels holden against the the Popes: as that of Rome called by Otho the Emperor against Pope john the 12, about the year 956: Another called about 1040 by the Emperor Henry the 3, against the Popes, Bennet the 9, Sylvester the 3, and Gregory the 6. That at Sutoy a town in Tuscany, called by Henry the 4 Emperor, against Bennet the 10, ann. 1058: That at Brixine called by the same Emperor against Gregory the 7. about the year 1083: As also the first and second at Pisa, the one against Gregory the 12, and Bennet the 13, the other against julius the second. There is not one of all these which was either called or consented unto by them at first; The Pope's authorities answered. and I am much deceived if ever they were confirmed by them after. CHAP. VI That notwithstanding all these authorities, the Popes do arrogate unto themselves the power of calling Counsels: and how long it is since they usurped it. 1 IT is not without good reason that we have produced so many passages, to prove by the testimony of all antiquity, that the right of calling Counsels belongs to the Emperors, and not to the Popes; and that their consent or advise was never required thereunto; considering that, if we give ear to them, there is no man how great soever he be in place, that may interpose himself in this business but themselves. And if we must stand to their words, it is a judged case. Observe, I pray you, how they speak of it; Pelagius 2. ep. 1. ad Orientales. The power of calling General Counsels (saith Pelagius the second) was by special privilege devolved upon the See Apostolic by Saint Peter. And Leo the first, that so belaboured the Emperor's Theodosius, Valentinian, and Marcian, to obtain leave of them that a General Council might be called, saith in a certain epistle of his directed to a Spanish Bishop, Leo Papa in ep. ad Turbium 91 c. 17. Sixtus Papa 3. in epist ad Orientales. V. epist. Marcel. ad Episc● Anti●chen. Et rescriptum julii contra Orientales in decret. Isidori p. 54. et. 163. We have sent out our letters to our brother-Bishops, and summoned them to a General Council. Sixtus the third saith, Valentinian the Emperor hath called a Council by authority from us. So Pope Marcellus and julius the first affirm, That Counsels cannot be holden without the authority of the See of Rome. 2 As for Pelagius we must tell him by his good leave, that it is not true which he saith; and desire him to answer all the forecited authorities. And for Pope Leo, if the will may pass for the deed, it was he that called the Council indeed: for I doubt not but he was as greedy of arrogating this to himself, as the presidency, for which he was at daggers drawing with Dioscorus, who, as he said, had cozened him of it underhand. But it may be he goes not so far as some would bear us in hand: for he means only of a General Council of all the Bishops of Spain, but not of all Christendom. The entire passage, which is mangled and cited by Bellarmine, is (as we have formerly alleged it) conceived in these terms, We have sent out our letters to our brethren and fellow-Bishops of Tarraco, Carthagena, Portugal, and Gallicia, and have summoned them to a General Council. And it seems he much disinherited his own power; for he adds, But if any thing hinder the celebration of a General Council, (which God forbid) yet at least let the Clergy of Gallicia assemble themselves. Now he that should grant the Pope this power of calling a Council of the Bishops of Spain, should give him only the authority of a Patriarch in the West: but not in afric, nor in the East. So that there is nothing gotten by this place for the calling of General Counsels: and for others we shall speak of them anon. 3 Now for Sixtus we will demur upon an answer for him, till such time as he hath proved unto us that the Emperor called that Council which he speaks of by authority from him. And for the saying of Mar●●llus and julius, it is capable of a tolerable construction; All Patriarches should be present at General Counsels. for they speak not of the calling, but of the holding of Counsels. 'Tis true indeed, that for the holding of them, they take too much upon them by the word Authority: they should have used another term, for that is too imperious to express what they intent. For all the authority they pretend to, comes but to this; That a General Council cannot be holden, unless they be called to it. Which we grant to be true. And this is the meaning of that old Ecclesiastical Canon mentioned by some authors, Socrates. l. 2. c. 5. Nicephorus l. 9 c. 5. Which forbids the making of Decrees in the Church, or (as Bellarmine expounds it) the celebration of Counsels, without the opinion and advise of the Bishops of Rome. The application which Pope julius the first makes of it, clearly proves as much; when he complains that he was not called to the Council of Antioch, where Athanasius was condemned, charging them for that with the breach of that Canon. julius (saith Socrates) in his letters to the Bishops of the Council of Antioch, Socrat. l. 2 c. 13 tells them they had offended against the Canons of the Church, in that they called not him to the Council: Forasmuch as the Ecclesiastical Canon forbids the making of any Decrees in the Church without the opinion and advise of the Bishop of Rome. 4 And Sozomen saith; Sozom. l. 3. ●. 9 julius writ to the Bishops which were assembled at Antioch, accusing them for seeking after novelties, contrary to the faith and belief of the Nicene Council, and contrary to the laws of the Churchy for not calling him to the Council: Forasmuch as, by virtue of a law made in behalf of the dignity of Priests, all Decrees are invalid which are enacted without the opinion and advise of the Pope of Rome. Hence Bellarmine infers, that Counsels cannot be held, unless they be called by the Pope; and yet Pope julius doth not complain that he did not call the Council, but that it was kept and he never called unto it. Whereof he had just occasion to complain, considering that a Council cannot be termed General, nor any Decrees and Canons made to bind the whole Church Catholic, unless all those which ought to be present, especially the patriarchs, be lawfully called thereunto. 5 Nor is this any special privilege to the Bishop of Rome, but a right common to him with all other patriarchs; who ought of necessity to be summoned to all General Counsels. And this is the reason why the second Council of Constantinople is not accounted properly General, because all the patriarchs were not there. B●l●amo in comment. ad Synod. Constant. 1. ad finem. However (saith Balsamon) the Synod of Constantinople be no General Council, because the other patriarchs were not there; yet is it greater than all other Synods, and the Archbishop of that See is styled, Universal Patriarch. 6 For this cause also, Nestorius, when he was summoned to appear at the Council of Ephesus, Socrat l. 7. c. 33 answered, that he would, so as soon as john the Patriarch of Antioch was come thither: for all the rest were there already; to wit, he of Rome, and he of Alexandria in the person of Cyrill, as also he of jerusalem: and for the other of Constantinople he was the man whose case was then in question. And this was the reason why the Patriarch of Antioch was so highly offended with Cyrill, (who would not vouchsafe to stay for him) that being come after the sentence of deposition against Nestorius, he bandied with his own Bishops against Cyrill, and excommunicated him. 7 The eigh●h General Council, after the arrival of the Patriarch of Alexandria's deputy, who came somewhat tardy● Actio 9 g●neralis● 8 Synod. to. ●. Condil. in fine ejusdem Synodi. Zonara● to 3. Gave thanks to God at his coming, because he supplied what was wanting to a General Council, and made it most complete. And Basil the Emperor calls those five patriarchs, The five Architects of the Ecclesiastical tabernacle. Zonara's calls the same patriarchs constantly, The Keys or Princes of the Council: as when he speaks of the General Counsels of Ephesus, H●w long since the Pope's fi●st called Councils. the first of Constantinople and Chalcedon: we shall urge the words when we come to speak of the presidency. 8 The author of the book entitled, The explanation of Councels● doth the like. Nay they were not only called to General Counsels, but the custom was, for honour's sake, Author explanationis Sanctor●m et veneral Council c 18 Tom. 2. Actor. Co●cil. Ephes. to wait for them certain days, when they did not come at the day appointed. So they stayed sixteen days after the time was expired, for the Patriarch of Antioch at the Council of Ephesus. It were good reason to give the like respect to him of Rome; and so they should do, yet not so as that they should forthwith break up the Council, or totally defer it till his coming; or pronounce all things null and invalid which were concluded upon without him. It should suffice that he was duly summoned as the rest of the patriarchs. 9 Hereupon Talasius Bishop of Caesarea in Cappadocia, upon a report which was current in the Council of Ephesus, that Pope Leo's Legates had been summoned, and yet disdained to appear, said, Action 1 Concilii Chalced. Seeing so much hath been done as was decent and convenient for the Holy Council to do, I hold it no way necessary to delay the time any longer. It will be answered that this Synod is rejected by the Pope. It is true; yet for all that the beginning of it was lawful, and the calling of it duly performed; so that it is neither impertinency nor contradiction to affirm, That the saying of that Bishop was true, and yet the Synod was rejected. 10 The eight General Council having expected the Pope's Legates for certain days, and seeing they came not, took this ensuing resolution, V. Acta 8 Synodi in definitio●e Concilii ante adventum v●carii sen. Rom. To 4. Concil. Considering the deputies for the See of old Rome have bee●e a long time expected, and that it is against all reason to wait for them any longer, we hold it an unbeseeming thing to slight and endanger the tottering Church of our Saviour jesus Christ by such delays. 11 We are only put to the pinch to find out when this Ecclesiastical Canon whereof we speak, was made, and who are the author of it. Bellarmine holds it is one of the Canons of the Apostles, Bellar. l. 1. de Concil. ● 12● Marcellus in epist. decretali. 1. ad episc. antioch. Prov. to 1 Conc. Can Sexaginta. Can. Clement. Can. Placuit. dist. 16. Bellar. l 1. de Concil. c. 12. Synods Alexand●ina in epist. ad Feli●em. in debreto Isiodori p. 167. V. Can 51. Concilii Carthag. et Balsamon. in laud. and urgeth Pope Marcellus' authority to prove it. But Marcellus only fathers it upon the Apostles, or their successors, so that for all him the author might as well be a Pope as an Apostle. Besides, if so, than we should find it amongst the Canons of the Apostles, whose greatest number is determined by the Synod at Constantinople● in Trullo, but to be fourscore and five; howbeit others reckon fewer, some fifty, some sixty, some seventy. Bellarmine, upon the testimony of Pope julius the first, and the Council of Alexandria, saith, this Canon was renewed by the Nicene Council. But we find no such matter in the Acts and Decrees of the Council of Nice. Nor is it likely it should herein give any advantage to the Pope, seeing that in the sixth and seventh Canons, by limiting his power and jurisdiction, it makes him equal to other Patriarches. A● for the Council; Counsels sometimes equivocate in their quotations. It is said in the Synod of Carthage, that Priests are enjoined by the Nicene Council to make their oblations fasting; and yet Balsamon assures us that there is no such thing determined in the Council; nor indeed can we find aught of it in the Acts which are extant among us at this day. So likewise the Pope did equivocate, who would have made the Council of Carthage believe that there was a reservation in the Council of Nice, for appeals to him. 12 It may be answered that we have not at this day all the Canons and Decrees of the Nicene Council extant: V. Interpretem. Concilii Nicen● in suis anno t●●. But I reply, That it is not pretended that there were any more than twenty Decrees, touching Ecclesiastical Discipline: Now all those we have; and the power of calling Counsels, which is the point in question, is a matter of discipline. As for those which concern points of faith, it skils not for the present whether there be more or fewer of them. Yet I suspect somewhat which is not improbable; namely, The Canon in favour of the Popes when made. that the confirmation of that Ecclesiastical Canon, which he affirmeth to have been made by the Council of Nice, must be referred to that which is ordained in the sixth Canon: Where it is said, That it is a plain case, that if any be ordained Bishop without the opinion and advise of the Metropolitan, he ought not to be acknowledged for such. For this aught to be extended to all things which are treated of by an assembly of Bishops: So Balsamon expounds it, who after he had said, Forasmuch as the Bishop of Rome is Patriarch of the Western Provinces, he adds, The Canons mean that patriarchs should be above Metropolitans, and Metropolitans above Bishops; to the intent that no matter of moment and importance be done by the Bishops without them. Now the Pope gains nothing by all this, for any Patriarch may serve himself of this Canon, and apply it to his own cause. So likewise it is probable that the old Canon which was made hereabout, spoke not of the Bishop of Rome in particular, but had reference to all the other patriarchs and Metropolitans; and that Pope julius, being the first that complained of the breach of it, alleged that Canon as if it had been particularly in favour of himself, howbeit it was conceived in general terms. And indeed he is the speaker both in Socrates and Sozomen; Socrat. l. 2. c 13. et Sozomen. l. 3 c. 9 and those who afterwards mentioned the complaint or accusation which he commenced against the Bishops in the Council of Antioch, in imitation of his words, have also restrained the Canon to particular terms, howbeit at the first it ran in general. 13 If this exposition will not give all the world content, we may say that that Canon being made, as it is probable, by the Bishops of the East, they ordained that they should not set out any general Decrees, nor hold any Synodical assemblies, without calling in the Bishop of Rome unto them, by that means to preserve the union of the Churches: Decreeing thus much in favour of him, rather than any other in consideration of his remoteness: as also, for the same reason, they allowed him to nominate some Greek Bishops for his Legates: Balsamo in 6 Synodum Constant● in Trullo. p. 194. A way was invented (saith Balsamon) because of the length of the way, that the Pope should have Legates out of our quarters, yet were they not therefore under him. For all this we will never deny but by the See of Rome was always held in honourable esteem, both for the glory of the City, which was the head of the Empire, and the sanctity of the Bishops in those days; nor that much reverence and respect was ever given unto it; though not such and so much as they now take upon them. And hence it is that the Bishops in the Council of Rome, writing to the Bishops of Illyrium, amongst other reasons which they urge for the rejection of the Council of Ariminum, bring this for one, because certain Bishops, whom they there mention, never consented unto it, and amongst others the Bishop of Rome; Theodoret. l. 2. c. 22. Of whose opinion and advise special regard ought to be had above all others. 14 It may furthermore be said, and that not unlikely, that this Canon was first made at that Council, Martinus Polonus in Victore su● ann 203. Platina in Victore Eusebi●● hist. l. 5. c. 22. which some say was holden at Alexandria in Palestine, about the grand controversy concerning the keeping of Easter day; if so be it be true, which is reported, that Pope Victor was present there in person● together with Narcissus' Patriarch of jerusalem, Theophilus Bishop of Caesarea, and Ireneus Bishop of Lions: considering that (as Eusebius relates) about the same time there were sundry Canons and Decrees made in sundry Counsels concerning that controversy: which might very well give occasion to all those patriarchs and Bishops there met together, to ordain, for the better avoiding of such difference for the future, and preserving the union of the Church, that from thenceforth no universal Decrees should be made, unless all the patriarchs or Metropolitans were first called. 15 Yet for all this I do much suspect that Council of Alexandria, especially in that form wherein it is presented to us; Spu●●ous Cano●s imposed by th● Pope's. it being very improbable that both Victor and Ireneus should be there in person● and without question it is a mistake of our later Historians, who misconceived the words of Eusebius, Eu●ebius hist. Eccles. l 5. c. 22. telling us that about the same time there were diverse Counsels holden upon occasion of that diverse celebration of Easter, (which some kept upon the fourteenth day of the moon, the same day upon which the Passeover was kept, others upon the sunday after) as in Palestine by Theophilus and Narcissus, at Rome by Victor, in France by Ireneus, and by others in other places. And indeed that quarrel was not then accorded, but continued till the Council of Nice; so that we are yet to seek for the authors of that Canon, nor is there any body that can tell us any news of them. But be he who he will, it may suffice that we have set down the true meaning of it. 16 Let not then Bellarmine and Baronius, and all those that speak of it, give any more right to the Pope by virtue of that Canon, than he himself pretended to have. For julius never complained that the Council was called by another, and not by himself: nor yet that the design of holding the Council was concluded upon without acquainting him with it, but only because he was not called unto it. V● Epist. decretales M●rcelli Papae 1● ad Episc Antioch. & ad Maxentium tyrannum in decreto Isiodori pag. 54,55. I know very well that the Popes afterwards have been taught to speak another language. Did I say afterwards? nay even before too, even those that lived before the Nicene Councell● who tell us wonders of the authority of their See; who (as they say) command the Pagan Emperors, and make laws and rules against them; who arrogate unto themselves the appeals from other Bishops, and the jurisdiction of making all causes of their cognizance; who foist in other Canons and Decrees of the Nicene Council upon us, than those which were approved of, and for their own advantage: who in case of appeal from other Bishops, go beyond the bastard Canon of Nice, which the Popes, to their own shame and confusion, would have had legitimated by the Counsels of Africa: who would persuade us also that it belongs to them to call Counsels, to preside in them, to ratify and confirm them, although in those days there was no such matter. Those good Bishops (I say) who never thought of aught but martyrdom and tortures, have been made to speak after their death, what their life disavowed and gave the lie unto. 17 But seeing that the rude and ignorant style of those Decrees betrayeth the ass unto us by the ears; that this new plant could never yet take root in the understanding of the learned; that the Popes own Canons give us just cause of suspicion against them, inasmuch as they inform us that the most ancient Decrees in this kind are those of Sylvester and Siricius, Can de libels dist. 21. Can. Si Romanorum dist. 19 Gra●ian● in versic. quomodo: & Can. vigi●t dist. 17. so that our predecessors long ago rejected all those other which were said to be more ancient, upon this ground, because they were no where to be ●ound in that Codex Canonum which they used in their days; & besides that our Gratian assures us, that, excepting the twenty Decrees which we have of the Council of Nice, all the rest (if yet there be any other) are out of use and practice, and not admitted in the Church of Rome; we will therefore forbear that long discourse which we had prepared upon this subject, and refuming our former thread will only add what was afterwards observed and practised, which plainly proves our exposition to be true. Hermoge●ianu● in le. Si de interpetatione D. de leg●b. 18 Our Lawyers tell us that when there is any controversy about the sense and meaning of a law, special regard ought to be had of that sense which practice hath put upon it. Let us observe this rule in the exposition of our Canon. The question is, Whether the Pope ought to call Counsels, or no: we find by practice that the Popes did not call them, but the Emperors; and that they did so constantly, the Pope's seeing and knowing as much; that they themselves have been petitioners to the Emperors to get them called; that they have appeared at the Counsels upon command from them; The Ppopes usurpation how ancient. therefore we may well conclude, they have no right at all, by this Canon, to call Counsels. 19 We will add furthermore, that the Popes never complained of the Emperors for taking upon them that power of Convocation; which doubtless they would have done, if it had belonged to them of right; for they have always observed that rule to a hair. De vigilantibus non dor●ientibus. So as, to say the truth, no man can accuse them of negligence in preserving St. Peter's patrimony, which they have husbanded so well, that their successors for the future need make no scruple of receiving it without an inventary. 20 We say moreover, that it is but a little while ago since they usurped this authority: for we do not find that ever they used it till the year 1123● what time the first Council of Lateran was holden, Calixt the second being Pope, and Henry the fifth Emperor. Platina in Calisto 2. Platina saith that Pope held a Council of nine hundred Bishops to consult about the sending of succours into the holy Land. Howsoever we must observe that this usurpation, which they continued from thence forwards, was not without all interruption; for the Emperors always kept a hawk of their right, though it was but extrema quasi lacinia. They called diverse Counsels after that time, as that of Pavy, which was assembled by the Emperor Frederick the first, to determine the schism between Victor and Alexander the third, about the year 1163 or 64: but it is not amiss to hear what language he useth in his letters of Convocation. 21 And for the prescribing of a remedy pleasing to God, Radericus de rebus gestis Friderici l. 2. c. 55. and proper for this disease, we have resolved, upon the advice of certain godly and religious men, to hold a general Councell● which we appoint to be at Pavia. The author that relates these letters, speaks thus of them. Idem. lib. 2. c. 54 The Emperor supposing that the authority of calling a Council appertained unto him, after the example of justinian, Theodosius, and Charles; and that the controversy could not be determined by any lawful judgement, unless both parties were summoned thereunto, sent Bishops both to the one and the other to summon them. Idem lib. 2. c. 64. The same Emperor useth the same terms in his speech made at the opening of the Council. He was also the man that called the Council of Dijon about 1165. Platin. in Alex. 3. It is true that Pope Alexander the third would not be seen there, Because (saith Platina) he did not call it himself. But he raised that quarrel too soon, considering that his right was not yet well caulked. 22 So likewise the Counsels of Pisa and Constance were called by the Emperors. Now if the possession was afterwards lost by the negligence of the Emperors, yet this is sufficient to bring a writ of Right, and make an entry: for which trial the Emperors are better furnished of evidence than the Popes; and beside they who should breathe nought but justice and honesty, will voluntarily surrender unto Ces●r what of right belongs unto him. 23 What we here speak is concerning General Counsels, for as for Provincial, we deny not but the Popes have h●d authority to call them within the bounds of their own territories, as have also other Patriarches and Metropolitans. * See this question largely and learnedly canvassed by Salmasius and Sirmondus, (& others) in their diverse late tracts de Suburbicariis regionibus. And yet those bounds are but very narrow: for we do not find that they were extended over all the West: and what a Balsamo in can 6. conc. Nic. Balsamon saith, that the Bishop of Rome is the precedent of the Western provinces, must be restrained unto Italy. And for matter of fact, the Pope was neither seen nor heard, in person nor by proxy, at the Council of b Synod. Agrip. to. 4. Concil. p. 17. Cullen, which consisted of the French and Germane Bishops, and was assembled by the authority of the Emperor Charles the third, Anno Dom. 887. 24 Nor was he at that of c V. Histor B. Servat●● & Synod. Aquilei●● 〈◊〉. 1. Concil. p. 7●●. Aquileia, called by the Emperor's Valentinian and Theodosius, consisting of the Bishops of France, Africa, and other Provinces, at which Saint Ambrose Bishop of Milan was present. 25 The like may be said of such as have been holden in France, Spain, and other Kingdoms or Provinces of the West; Wh●●her a General Council be n●w possible. the calling whereof belonged either to the Primates and metropolitans, or to the Kings and Princes. 26 So Maximus Patriarch of jerusalem assembled the Bishops of Syria and Palestine to receive Athanasius into the communion of the Church, and restore him to his former dignity. Theodoret l. 4. c. 2. & 3. Sozomen l. 5 c. 16. & l 6. c. 7. B●sil. epist. ●0. Ambros epist. 44. So Athanasius himself after he was called home out of exile by jovinian the Emperor, assembled a Council of Bishops. But it would be tedious to hear all the examples which are extant about this subject. As for the calling by Kings and Princes we shall speak of that anon. 27 For the present we must answer an absurdity which Bellarmine presseth, that in these days it would be impossible for any one to call a General Council but the Pope: for as for the Emperor, (to whom we said it of right belongeth) he cannot do it, (saith he) because he hath no authority over Kings and Princes; but, on the other side, the Pope hath over all Christendom. Bellarmine is deceived; for the Pope in that respect hath scarce any more authority at this day than the Emperor. Let him cast up his count of those Kingdoms and Provinces which have withdrawn their obedience from him, and he will find that he hath misreckoned himself. All that Bellarmine can infer is this, that we must talk no mor● of General Counsels in these days, seeing there is no man to call them with convenience and authority. We answer, that he that should now undertake of his own absolute power to call any, should much deceive himself, even the Pope not excepted. But that every one out of courtesy would be willing to hearken unto it. There is not a Prince in Christendom but yields the first degree of honour to the Emperor, and would take in good part any gentle and kind summons which should come from him, for the holding of a Council. Radenicus l. 2. cap. 55.70. The Emperor Fred●ricke the first found a way to assemble that of Pavy, whereunto he summoned the Archbishops, Bishops, Abbats, and other Ecclesiastical persons, as well in all his Empire, as in other kingdoms; to wit of England, France, Hungary, Denmark. And it is probable, that when he made this convocation, he writ of it in particular to those Christian Princes which were no subjects to the Empire: Idem ibid. for the Acts of the Council say in express terms. That the Kings of England, Hungary, Bohemia, and Denmark consented thereunto. So likewise the Emperor Sigismond called that of Constance: the Emperor Maximilian that of Pisa. 27 Although the Pope's Primacy be not acknowledged by the Greek church, yet he assembled the Council of Ferrara, where were present the Emperor of Greece, the Patriarch of Constantinople, and a great number of Greek Bishops. Let us never then make it a matter impossible; it is feasible enough, if we give our minds to it. When the Pope called the Council of Trent● he communicated it first and foremost with Christian Princes, and required their advice about it. Having asked the advice (saith Paul the third in his Bull of Convocation) and sounded the minds of Christian Princes, whose consent in the first place we thought useful and convenient, and finding them not averse from this our design, we have thereupou denounced the Council. So King Charles the ninth became a suitor to the Pope and Princes of Christendom for the renewal of that Council: for mark how he speaks of it in his letters directed to the Prelates of France to cause them go thither. Although the present troubles of the Church have moved as to desire and procure by all means possible, the holding of a General and Ecumenical Council, and that our holy father the Pope, the Emperor, and other Christian Kings and Princes, by their several answers made upon our instant request and suit unto them thereabout, do make a fair show of being willing to hearken thereunto, etc. Guiliel Neu●●rigens. rerum Anglicarum ●. 4. ●. 1. 28 He did no more in this but imitate the pattern of other Kings his predecessors. Charles the sixth, to make up the schism betwixt Pope Boniface and Pope Bennet, sent his Ambassadors to the Emperor, the Kings of England, Bohemia and Hungary, The Council of Trent gives the right of Kings to the Pope. to entreat them to have a regard to what concerned the public good and quiet. The same King went so far that he persuaded Wenceslaus the Emperor to come to Rheims, where there was a General Council holden upon that occasion, where the Ambassadors of the King of England, and diverse other nations, were present. CHAP. VII. That the authority of calling Counsels belongs also to Kings and Princes. 1 THese examples invite us to look a little further into France, and speak more fully concerning this point of calling Counsels. And the rather because both our Kings and all other Princes of Christendom, are deprived of this royal prerogative by the Council of Trent; and that in such sort that the Pope thereby enhanseth his own greatness, to whom all such Counsels are bound to swear obedience, and not to depend upon any but upon him. The Decree runs thus; Conc Trid. Sess. 24 c● 2. [et in aliis Sess. 8 Can. 9] Provincial Counsels if they have been any where disused, let them, for reformation of manners, correction of abuses, composing of Controversies, and such other ends as are allowed by holy Canons, be brought up again. Wherefore let the Metropolitans themselves, or, if there be any lawful impediment why they cannot, the signior Bishop● within a year at the furthest, after the end of this present Council, and after that once every three years at least, after the octaves of the resurrection of our Lord jesus Christ, or at some other more convenient time, according to the custom of the Country, not fail to call a Synod in their several Provinces. 2 And in another Session there is a strict injunction laid upon them, Sess. 25. c. 2. [et in aliis Sess. 9 Can. 2.] That at the first Provincial Synod which shall be holden after the end of this present Council, they publicly receive all and singular such things as have been determined and ordained by this holy Synod, and withal promise and profess true obedience to the Bishop of Rome. It remains that we prove this right of calling Counsels to belong to our Kings within their own Kingdom. In the collection of the liberties of the Gallicane Church, there is this Article; The most Christian Kings have always, as occasion and the necessities of their Country required, assembled, or caused to assemble, Synods or Counsels Provincial and national: Who among other things concerning the preservation of their State, have also treated of such matters as concerned the order and Ecclesiastical discipline of their Country: touching which they have caused rules, Chapters, laws, ordinances, and Pragmatical Sanctions to be made and set out under their name, and by their authority. We read another Article of this strain in the third Chapter of the Remonstrance made by the Parliament of Paris to Lewes the eleventh. 3 Nor is there aught in all this but is well backed by such examples and authorities as shall be produced. We begin then with Clovis our first Christian King, by whose command the first Council at Orleans was assembled about the year 506. So say the Bishops that met there in the letters which they sent unto him. Concil. Aurel. c. 2. to. 2. Con●. To their Lord, the most illustrious King Clovis, the son of the Catholic Church. All the Clergy whom you commanded to come unto the Council. Cou●●●ls called by the F●ench Kings. So likewise the second Council of Orleans was holden in the year 533. by command from King Childebert; which is mentioned in the subscription of the Bishop of Bruges: and it is said in the Preface, Concil. Aurelian●● in prince & in ●ine. to. 2. Con p. 551 552. Conc. Aurelian. 5 to. 2. Conc. p. 574. Concil. Paris. 2 in princ. to. 2. Council p. 8●3. We are here assembled in the city of Orleans, by the command of our most illustrious Kings. The fifth of Orleans was called by King Cherebert, the year 549. Wherefore the most mild and invincible Prince Cherebert, having assembled the Clergy in the city of Orleans, etc. The second of Paris was called by King Childebert, ann. 558. Being met in the city of Paris, (they are the words of the fathers of it) by the command of our most illustrious King Childebert. The first of Mascon by King Guntrand, in the year 576. We being assembled in the town of Mascon, by the command of our most illustrious King Guntrand. Conc. Matisc. in princ. ●o. 2. Con. p. 840. Conc. Valentin. Gall. 2 in princ. to. 2. Conc. p. 853. Edictum Regis Guntrandi ad ●inem 2. Conc. Matisc. to. 2. Conc. p 854 Cabilonense Conc. in princ. to 3. Conc. p. 208. 4 The second of Valencia was called by him also in the year 588, and it hath the same Preface. He called also the 2 of Mascon the same year 588; and afterwards by his Edict confirmed the Decrees thereof, as made by his commandment. Wherefore (saith he) we will and command, that whatsoever is contained in this our Edict, be for ever observed and kept, forasmuch as we have taken pains to cause it to be so determined at the holy Synod of Mascon. That of Cavallon in Provence, or (as others fancy) of Ch●alons upon the Saon, was holden in the y●er 658, By the call and appointment of the Illustrious King Clovis. The Synod which was held in France, ann. 742, was called by C●●loman, as he himself witnesseth in the Preface thereunto; I Carloman, Duke and Prince of the French, with the advice of the servants of God, and the chief Lords of the Land, have assembled in a Council all the Bishops of my Kingdom, together with the Priests, in the 742 year of Christ's incarnation. Synod. Francica in Princ. tom. 3. Conc. p. 437. Synod. Suessionens. in princ. to. 3. Conc. p. ●38. 5 In the time of King Childeric, Pepin, who then ruled all the roast, called a Council at Soissons, in the year 744● where he assisted in person, together with the greatest Peers of the Land. In the second year of Childeric the French King, I Pepin Duke and Prince of France, with the consent of the Bishops and Clergy, after I had consulted thereabout with the chief Lords of France, determined to hold a Synod or Council at Soissons; which we have also done. The Decrees of that Council are all conceived in his name; for the constant form of them is, We ordain with the consent and advice of the Bishops, and chief Lords of the Land. Now these Decrees are concerning the confirmation of the Nicene Creed, the keeping of yearly Synods, the ordination of Bishops● the obedience due unto them, the life and manners of the Clergy, and such like matters. 6 The same Pepin being afterwards King of France, in the year 755, caused almost all the Gallican Bishops to meet at the Council of Vernes the Palace● so saith the Preface to it. Conc apud Palatium Vernis in princ. to. 3. Con. p. 439. Libel. Sacro●yl. in Acts Conc. Franco●s●h to. 3. Conc. p. 232. Charles the Great called the Council of Frankford, where the heresy of Felix was condemned, and the seventh General Council, as it is confessed in the Acts thereof. A great number of Bishops out of all the Provinces under the dominion of the most mild & Illustrious King Charles, assembled themselves with especial care, by virtue of his ordinance and command. Charles the Great saith as much himself in an Epistle which he writ to Elipend Archbishop of Toledo, which is inserted amongst those Acts. To accomplish that joy, being incited thereunto by a fraternal Charity, we have commanded that a Synodical Council be assembled, out of all the Churches of our Dominions. Which is further confirmed by the authority of the old Chronicle; The King in the beginning of harvest (what time ●ee called also a general meeting of the States) caused a Council of Bishops, out of all the Provinces of his Do●inions, to meet in the same citie● to condemn the heresy of the Felicians; annal rerum gest●a ●●rolo Magno. sub ann. ●94. where the Legates of the Pope of Rome were present also. 7 The Bishop of Aquileia in a speech which he made at the Council of Friuli, holden likewise under Charles the Great, and Pepin his son, gives us to understand that he had been in diverse Counsels called by the command of Kings and Princes. Counsels called by the French Kings. For it having oftentimes befallen the humility of my meanness, to be present at the General assembly of a Council, very famous for reverend fathers, being thereunto summoned by the sacred commands of our Princes. Council Foro. juliense versus Princ. to 3.1 Conc p. 665. Synod. Arelat. 4. sub Princ. to 3. Conc. p. 679. Turonens. Synod. 3. in Princ. to 3. Conc. p. 682. Council Moguntin. 1. to. 2. Con. p. 630. Synod. Rhemens'. in Princ. to. 2. Conc. p. 100L. annal incerti authoria inter S●riptores ●●●●aneos Pith●● Matth. West●●●●●●. ●. 1 sub ann. 813. The fourth Council of Arles was holden also in the time of Charles the Great, and called by him in the year 813; the Bishops thereof make this prayer for him, That he (God) would confirm in his faith the Emperor Charles our Sovereign, by whose commandment we are here assembled. So likewise the third of Tours, the same year 813; The time and place being appointed when and where the assembly should be, we are come to the place appointed, according to the injunction which was laid upon us by so great a Prince. There was another holden the same year 813. under the same Emperor at Mentz, at the beginning whereof they speak thus unto him; We are come to the city of Mentz, according to your command. So likewise at Rheims the same year 813● at the beginning whereof it is said, This is the order of those Chapters which were made in the year 813● at the Council of the Metropolitan See of Rheims, called by the most devout Emperor Charles, after the custom and fashion of the ancient Emperors. There was also another holden under him, and by his command at Chalons, mentioned by diverse ancient Historians, who speak also of those others which were holden under him, whereof we have spoken already. For say they, He commanded the Bishops also to keep diverse Counsels for the reforming of the state of the Church: one whereof was holden at Mentz, another at Rheims, a third at Tours, a fourth at Chalons, and a fifth at Arles. We have the Acts of that of Chalons extant, wherein, although Charles the Great be mentioned, yet it is not said that the Council was holden by his command: And we may observe the case to be just the same in diverse other Counsels holden in France. The same King and Emperor held many other Counsels, the Acts whereof we have not now extant; yet thus much is testified by Regino, V. Regino in Chronicis, sub annis 770.771. 772 775. 776.779.787. 788.704. Concil. ●qui. in Princ. to. 2. Conc. p. 703. Matth Westm. l 1 sub ann. 870. that he called them; who hath reckoned us up nine or ten after the year 770, till 994. King Lewes the 6 called the Council of Aix in Germany, in the year 816. Seeing that (say the Acts) the most Christian and most Illustrious Emperor, Lewes by the grace of God, Victorious, Augustus, had called a holy and General Council at Aix, in the year of Christ's incarnation 816. 8 There is an old Chronicler that says it was in 819; and another puts it in 820. There was a Council holden at Paris too, by the command of him and his son Lotharius, in the year of grace 829; and three others at the same time in other places; as is collected from those words in the preface: Conc. Paris. in princ. to. 3. Conc. p. 764. Epist Episc. ad Imperat. in Acts Concilli Paris. to. 3. Conc p● 769. Concil. Aqui. grand in princ. to 3. Conc. p. 820. Hereupon they ordained that Synods should be assembled at the same time in four several convenient places of their Empire. Besides, this is the very title of the preface, Here beginneth the preface of the Synod which was holden at Paris by the command of the most Illustrious Emperors Lewes and Lotharius his son. And again in letters sent by the Synod to those Emperors, We the most loyal and most dev●u● solicitors of your salvation, according to the meanness of our understanding, in obedience to your desire and command, have observed and set down in these precedent papers such things as concern Christian religion; which we present unto your clemency to be perused and approved of by you. 9 There was another Council holden at Aix by his command in the year 338. Council M●gunt. in princ. to. 3. Council p● 832. Synod Aquensis to. 3 Conc. p. 840. Whereas we Bishops were assembled together by a Synodical convocation, the most Illustrious and most orthodox Emperor Lewes, the most invincible Augustus, having summoned us thereunto. And yet another at Mentz, anno 834. We● are come to Mentz (say the Bishops of it) according to your commendment. And another at the same place, anno 837. whither the Bishops say they were assembled By a seasonable and most wholesome order and command from the Emperor Lewes. 〈◊〉 ●●lled by ●h● kings of France And this is a Synod of which an ancient French Historian speaks, saying, Rhabanus was created Bishop of Mentz in 847, who by command from King Lewes held a Synod at Mentz the same year. annal incerti authoris apud scriptores co●tancos Pithoei. The title of this Synod saith that this same Rhabanus was precedent of it, and not unlikely; but we must understand that this was by authority from King Lewes, who, as we have said already, commended him to hold that Synod. There was yet another Council holden at Mentz under him, and by his command, in 852; where the same Rhabanus was precedent, the same Emperor being willing to have it so. There was likewise (saith an old French Historian) by the will and command of the same most mild Prince, a Synod holden at Mentz a Metropolitical City of Germany, where Rhabanus, the reverend Archbishop of the place, was precedent. Council Valent. in princ to. 3. conc. p. ●89. 10 There was afterwards a Council holden at Valentia under King Lotharius, in the year 855, the Acts whereof speak in this manner: The most reverend Bishops of three provinces being, by the command of King Lotharius, assembled together in one body at the City of Valentia, upon occasion of the Bishop thereof, who had been cited and impeached of diver● crimes. Histoire de Reins ●. 2. c. 5. The History of Rheims mentions a Council at Paris called by the same King: That the Canons concluded and agreed upon at the General Council assembled in S. Peter's Church in Paris, by the diligence of King Lotharius, be inviolably observed. It mentions also another called by Charles the Bald: Histoire de Reins l 1. c. 1. In the year 845 Charles called the Bishops of his Realm to a Synod at Beavis, summoned forth of the Province of Rheims. Conc. Ticin in princ to 3. Conc. p. 894. King Lewes the second (as we have elsewhere observed) prescribed to the Council of Pavy, holden 855, what points they should consult upon: whence it follows that that Council was called by his command as well as the rest. The Council of Worms was called by the same King Lewes the second, anno 868: Conc Wormat. in princip. to. 3. conc. p. 977. We being assembled in the City of Worms, in the year of grace 868, by the command of our most excellent & Illustrious Sovereign King Lewes, to treat of certain points concerning the good of the Church. annal incerti authoris inter scriptores cooe●aneos pithoei jean le Maire en la 2 part. de la difference de schisms. Concil. Tribur. in princip. to 3. conc. p. 26. 11 An old French author tells us that the same King caused another to be assembled at Cullen, anno 870. There was a Synod holden at Cullen (saith he) by the command of King Lewes. john le Maire tells us that Lewes the Smatterer called another at Vienna in the time of Pope Formosus, anno 892. 12 King Arnold held another at Tribur, anno 895, which consisted of a great many both Ecclesiastical and lay men. In the year of our Lord 895, the eighth of his reign, the thirteenth Indiction, in the month of May, the King came by the instinct of the holy Ghost, and the advice of his Princes to the royal City of Triburia, seated within the French dominions, accompanied with the precited Bishops, Abbats, and all the Princes of his kingdom, and a great number both of Ecclesiastical and Secular persons repairing thither, etc. Now if the King held the Council, I suppose none will deny but he called it. jean le Marie au second trait● des schisms & des Conciles. 13 Hugh Capet who lately reigned in France (saith john le Maire) called a Council at Rheims in Champagne, consisting of the Prelates of the Gallican Church; where he caused Arnalt Archbishop of Rheims to be deposed. Robertus de Monte in appendice ad Si● gibert. sub anno 1140. 14 In the year 1140, by authority from King Lewes the younger, there was a Synod held at Sens, of the Bishops, Abbats, and other religious, against Peter Abelard, who scandalised the Church by a profane novelty both of words and sense. Rigordus de gestis Philippi Augusti. Idem ibid. 15 Philip Augustus (saith an ancient Frenchman) called a General Council at Paris, anno 1179, of all the Archbishops, Bishops, Abbats, as also all the Princes and Lords of the Realm of France. He called another likewise in the same City, anno 1184, to entertain the Patriarch of jerusalem, and consult about sending aid against the Saracens. He commanded (saith the same Author) that a General Council should be called of all the Archbishops, Bishops, and Princes of his Realm. Coun●●l● called by the kings of England. Ivo Carnotensis epist. 28. jean le Maire au mesme trait● The Bishop of Chartres tells us there was another called at Troy's by his commandment. 16 Pope Eugenius the third of that name (saith Le More) being come into France, as well to avoid the tumultuous fury of the Romans as to animate Christian Princes to the beyond sea voyage, King Lewes the younger, son of Lewes the Fat, caused a Council to be assembled in the town of Vezelay in Burgundy, of all the Prelates & Princes of France, to whom he purposed to declare, by the mouth of Saint Bernard Abbot of Clerevale, all the misfortunes that had befallen in the holy Land. Idem ibid. There was another called at Paris by the command of Charles the sixth, where he was in person attended by the Nobility of his Princes and Barons. 17 So likewise Lewes the eleventh called one at Orleans. Lewes the 12. one at Tours, Idem ibid. another at Lions. King Charles' the ninth summoned the Bishops and other Prelates of the Churches within his Realm, by his letters patents of the tenth of September 1560. Lettres du Roy Charles impr●mees à Paris par Michael Vas. cosano an 1560. By whose advice we have concluded and agreed that a general Assembly of the Prelates and other members of the Churches within our dominions, be held the 20. of january next ensuing, to confer, consult, and advise what they shall think fit to be proposed at the said General Council, if so be it be holden shortly. And in the mean time resolve amongst themselves notwithstanding of all things which may, upon our part, any way concern the reformation of the said Churches. In a word, it is a thing without all peradventure: so that we may now conclude, that the calling of N●tionall Counsels belongs unto the King of France within his own kingdom. And as oft as we find that any Council was holden in France, if there be no particular mention of the calling of it, we must always presume it was by the authority of our Kings. 18 Sometimes indeed it was not by their command, but by their bare consent and approbation: as that of Arvergne, Arvernense conc in princip, tom. 2. conc. Council Turon. 2. ibid. Concil. Meldense tom. 3. Conc. Synodas apud divum Medatdum● in princ. tom. ●. Conc. Synodus Colon. in princip. tom. 3● Conc. in post. edit. jean le Maire en la 2. part. de la differ. des schisms. Idem en la 2. part. d● schism. Idem au second trait● des schisms. Rigord de gestis ●hilipp● Augusti. Matthaeus Westminst. t. 1. sub anno 905. Florentius W●gorniensis in Chronicis sub anno 1070. which was held by the consent of King Theodebert. The second of Tours, by consent of King Charibert. That of Meaux by consent of Lewes the younger, anno 846. That of St. Medard of Soissons by consent of Charles, son to Lewes the Emperor, in the year 853. One at Cullen under Charles the Gross, anno 887. and another in France by the approbation of Lewes the father of St. Lewes in the year 1222. And this must be understood of all those Counsels which we read were called in France by the Popes, their Legates, or other Prelates: for this was always done either by the express consent of our Kings, or else by their toleration; as hath been particularly expressed of two, to wit that of Clerimont, and another of Rheims. Which (as john le Maire saith) were holden by the approbation and consent of King Lewes the Gross, and whereat Pope Innocent the second was present. Unless perhaps it be some few which were holden against them: as that of Compeigne called by the Prelates of France against Lewes the Gentle: that of Rheims by Benedict the seventh against Hugh Capet: that of Dijon by one of the Pope's Legates against Philip Augustus: that of Clerimont in Arvergne by Vrban the second against Philip, and such like. But for such as these we may call them spurious and illegitimate Counsels, unlawful Conventicles, and Monopolies; for so john le Maire calls that of Compeigne, although it was called by the consent of Pope Gregory the fourth. 19 Let us now pass over into England, which will furnish us also with variety of examples, and show us this right annexed to the Crown of their Kings, to use it when they please. In the year 905 King Edward the elder, together with Plegmond Archbishop of Canterbury, called a famous Council of Bishops, Abbats, and other persons. In the year 1070 (saith an English Monk) there was a great Council holden at † W●nchester. Silchester upon the Octaves of Easter, by the command, and in the presence of King William, the Pope consenting thereunto. and contributing his authority by his Legates. Coun●●ls called by the Kings of spline. Matth. Westm. l. 2 a● ann. 1301. In the year 1301 Edward the first called a Council at Lincoln. Sometimes the Kings let either the Archbishops of Canterbury call them, or some other of the Clergy who proceeded thereunto only so far as they had their leave and consent. So Anselm Archbishop of Canterbury under Henry the first, by his will and pleasure called a Council at London in the year 1102. Guilielm. Malmesbur. de gestic pontiff. Anglor. l. 1 pag. 129. Poly or Vergil. Angl. hist. l. 13. in Hen. 2. Pope Alexander the third (saith another English historian) assisted by the favour of the Princes (he means the Kings of England and France) held a General Council at Tours, in the year of grace 1163. King Henry the second of England having quieted the state of Ireland, caused diverse abuses, not sufficiently purged out of the Church, to be reform and corrected, according to the doctrine of Christianity; and by a Council by his means holden at Casselles. Idem lib. 13. in Hen. 2 pag. 239. Idem. lib. 16 in Hen. 2. pag. 316 The same King caused a Council, consisting of Bishops and other Princes, to be called at Northampton. King Henry made all his adversaries be pronounced enemies of their Country by a Council which he caused to be holden at Winchester, which others call Silchester. He that will be curious to inquire into their histories may find diverse other precedents: and yet it may be said that this Kingdom of all others hath been most subject to the papal power. 20 As for Spain the Acts of almost all those Counsels which we have in the great collection of them, do plainly show us that the Kings had the whole stroke in this matter. For the Preface of the first which was holden at Braque, Bracarense Conc. in princ. Tom. 2. Conc. pag 823. in the year 572, runs thus, Whereas the Bishops of Gallicia were met together in the Metropolitan Church of the Province, by the command of the most Illustrious King Aramirus. And a little below, Now then seeing our most glorious and most devout son, hath by virtue of his command royal, granted unto us this day, so much desired of our Congregation for us, to assemble ourselves all together, let us in the first place treat of the state of the Catholic faith. In the year 573 there was another Council holden in the same place By the command of the same King. Bracarense Conc. 2. in Princ. Tom. 2 Conc. pag. 828. Concil. ●olet. 2. in Princ. To. 2. Conc. pag. 859. In some copies Miriclias is named in stead of Ariamirus, but that imports not the point in hand. The third Council of Toledo, where the Arrian heresy was condemned ann. 589, was called by King Recharedus, as is set down in express terms, both in the Acts thereof, and by diverse a Sigthertus in Chron. sub. ann. 592. Matth Westmonast. l. 1. sub ann. 595. Franciscus Tarapha de regibus Hisp. in Recharedo. Historians. The b Concil. Tolet. 4 in princ. Tom. 3. Concil. p. 67. Francis. Tarapha Barcinonensis in Sismando. fourth of Toledo was called by the command of King Sismand. The c Concil. Tolet. ●. et. 6. in princ. Tom. 3. pag. 7. 80. et 83. Tarapha in Suintilla. fifth and sixth by King Suintilla: for besides that it may be proved out of the Acts of them, there is a Prebend of Barcelona which affirms it downright; This King (saith he) called the fifth and sixth Synod in the city of Toledo. The d Concil. Tolet. 7. in princ. Tom. 3. Concil. pag. 81. Taraph. in Sindasundo. seventh of Toledo was called by King Sindasund. The e Idem Tarapha in Ri●isundo Council Tolet. 8. in princ. item 9 in princ. item 10. in princ. Omnia habentur Tom. 3. Concil. pag. 184. 201. et 204. eighth, ninth, and tenth by King Risisund. After he was received into the Kingdom, (saith the same Prebend of Barcelona) he commanded three several Counsels to be held in the City of Toledo, under Archbishop Eugenius. But we have no need of his testimony, for the Acts themselves plainly say as much of those Counsels, at least of two of them. The f Council Tolet. 11. Tom. 3. Concil. pag. 216. 223. Tarapha in Bamba. eleventh of Toledo was commanded by King Bamba, in the year 674. The Acts do obscurely intimate so, but Tarafa clears it: Bamba (saith he) after his victory over Paul, and the Gauls, returned to Toledo, where he commanded the celebration of the eleventh Council. So likewise the third of g Council Bracarense 3. in fine Tom. 3. Concil. pag. 227. Braque was called by him the same year, as we have it set down in the end of the Acts. The h Concil. Tolet. 12. in principio. item Tolet. 13. in principio. habentur Tom. 3. Concil. pag. 374. et 383. Tarapha in Eringio. twelfth, thirteenth, and fourteenth of Toledo were called by the command of King Eringius. The Acts of the first testify as much directly: those of the second intimate so: and for those of the third we have them not, Counsels called by the Kings of Spain. but the same Prebend of Barcelona relates it in this manner; This Eringius in the second year of his reign caused the twelfth Council of Toledo to be holden, which consisted of thirty six Bishops: in his fourth year he made the thirteenth be holden, consisting of forty eight Bishops: and the foureteenth in his fifth year, wherein were twelve Bishops: all three under julian Archbishop of Toledo. The other four following Counsels of Toledo, King Egytas assembled: Vid. annotat. positam in fine Concilii. Tolet. 13. Tom. 3. Concil. pag. 38●. Franciscu● Taraphai● Egyta. the Acts of two whereof were carried to Rome to help to correct Gratian'ss Decret's by; as is mentioned in a note put at the end of the Acts of the thirteenth of Toledo: but waiting till they be put out in print, we shall content ourselves for the present with what is delivered concerning this point by the forementioned Canon of Barcelona; King Egyta (saith he) in the first year of his reign (which was the year of our Lord 693) caused the fifteenth Council to be celebrated, under julian Archbishop of Toledo, consisting of sixty one Bishops: the sixteenth Council in his third year, and the seventeenth in his fourth, under Philip Archbishop of the same Church. We shall observe by the way, that these Counsels of Spain consisted partly of the Bishops of Languedoc a Province of France● Vid. Concil. Tolet. 3. in subscriptionibus tom 2. Concil. pag. 78. Et Tolet. 8. in subscriptionibus pag. 194. Et Tolet. 11. pag. 223 tom. 3 Concil. johannes Vaseus in Chron. Hisp. pag. 446. Vid. annal incerti authoris inter scriptores coaetaneos Pithai sub ann. 732. 736. et 793. Testamentum Ca●oli Magni apud eundem. Aimonum lib. 5. cap. 17. 35. et 38. for there are named in the subscriptions of some of them, the Bishops of Carcasson, Narbo, Beziers, Lodeu●, aged, Maguelone (who is now Bishop of Montpelier) Nismes, and others in the same Province: and this because the greater part of it was then under the dominion of the Goths, who held it together with Spain; wherefore it is sometimes by our French Historians called Gothia, Gottica Provincia, and Gothica regio. CHAP. VIII. That it belongs to the Emperor and Kings to appoint the time and place when and where Counsels shall be held, and not to the Pope. 1 HAving proved already that the calling of Counsels belongs unto the Emperor and Kings, and not unto the Pope: it follows then that it is for them also to appoint the time and place. Yet notwithstanding we will further confirm it by some examples. It is storied by Sozomen, that Constantine the Emperor resolved to hold a Council at Nice, upon occasion of the new doctrines of Antiochus, and the heresy of Aetius, and how by the persuasion of Basil he changed his purpose, and would have removed it to Nicomedia; but by reason th●t city was ruined by an earthquake, by the advice of the same Basil he made choice of Nice again; and how, when there happened another earthquake there too, he resolved upon the persuasion of one or other, to have two Counsels holden at the same time, one at Seleucia for the Eastern Churches, and another at Ariminum for the Western, which was accordingly put in execution. Th● place of th●●ou●cell chosen ●y Princes. 2 The same Emperor notwithstanding would have left it to the choice of the Bishops to appoint the place where it should be held, after that misfortune which befell at Nice; but when they could not agree about it, he resolved upon that course which we have already spoken of. And to see that the nomination of the place belongs not to the Pope, Leoni● Papae epist. ●3. we need no more but read Pope Leo's Epistles, wherein he makes earnest suit to the Emperor Theodosius, that the General Council which he entreated for, might be appointed in some city of Italy. The like he did to the Emperor Valentinian, and to the two Empresses Pulcheria and Eudoxia, who all interceded for him to the Emperor Theodosius, V. epist. Leoni● 24. Et epist The●dosi● ad Valentin ad Eudoxian, ad Pulcheriam. Item epist. Valentin. et Martiani, et alteram Martiani ad Leon●m inter ●pist. Praeambul. Synod. Chalced. to. 1. Concil. Concil. Aurelianense 2. et 5. to. 2. Conc. Conc. Matisconense to. 2. Con. both for the calling of a Council, and the having of it in some city of Italy: but he would never harken unto it: and howbeit that after his decease, the Pope made the like instance to the Emperor's Valentinian and Martian; yet he could not prevail to have it in Italy; but it was first called to Nice, and afterwards to Chalcedon. 3 And as for our Realm of France, when it is said in the Acts of the Counsels holden there, We are met together in the City of Orleans, by the commandment of the King, as they speak in the second of Orleans; or, The King having assembled the Clergy in the city of Orleans, as they in the fifth of Orleans say, and so of the rest, it must necessarily be inferred, that the designation of the place was our Princes doing. But the second Council of Mascon puts it out of all doubt which might be raised; for having decreed to hold Counsels in France every third year, it addes● And this to be done with the good will of the Prince, who shall appoint a convenient place in the midst of the Country for the holding of it. 4 As for the time without doubt the designing and prescribing of it belongs unto them likewise. This is collected from a place of Nicephorus formerly cited, where he saith that the Emperor Theodosius when he had called the Council in the city of Ephesus against the day of Pentecost, Niceph. Eccles. hist. l. 14. c. 34. Cap. ●5. to. 2. Actor. Conc. Ephes. V. eorum epist. in 1 actione Conc. Chalced. Ivo Carnot●nsis ep. 28. Declared by his letters that he would not hold him excused that should not appear there at the day appointed. Theodosius and Valentinian appointed that the first Council of Ephesus should be at Pentecost. The second of Ephesus upon the first of August. The Bishop of Chartres in a letter of his to Pope Vrban the second, speaks in this wise of a Council of Troy held under Philip the first, King of France; By command from the King, the Archbishops of Rheims, Sens, and Tours have warned their suffragan Bishops to appear at Troy, after your answer shall come, the first sunday after All-Saints day. 5 King Charles' the 9 by his letters patents of the 10 of September 1560, commanded in like manner the Prelates of his Realm to repair towards Paris about the beginning of january, so as they might be all there upon the 20 of that month, To meet and confer together in the said city, or some other place near adjoining thereunto, such as shall be appointed for them. This was for the conference which was at Poissy. It vexeth us to insist upon things which are so evident. Let those that deny them bear the blame of it. CHAP. IX. That it belongs to the Emperor and Kings to adjourn or prorogue Counsels, and not to the Pope. 1 IT is certain that to whom the convocation belongs, Counsels adjourned b● Emperors. to him belongs also the prorogation, translation, or dissolution of Counsels. Yet howsoever it is expedient to make it appear by some examples, that this belongs of right to the Emperor and Kings. Pope Leo having obtained by his instances that a Council should be called, not in Italy, as he desired, but in the East, he afterwards besought the Emperor's Valentinian and Martian to put it off for a time, Leo Papa ep 47 but he could not entreat so much. We will set down what he saith himself about that matter; We well hoped (saith he, writing to the Emperor Martian) that your Clemency might have condescended so far to our desire, considering the present necessity, as to defer the Council till a better opportunity: but seeing it is your pleasure that it be holden forthwith, I have sent Paschasinus thither. 2 The same Emperors having caused that Council which Leo so desired, to be assembled in the City of Nice, they adjourned it afterwards to the City of Chalcedon. That alteration was in very deed made in favour of the Pope: for having earnestly entreated the Emperors, that they would be pleased to honour the Council with their presence, they caused it to remove to Chalcedon● where they than were, V. epist. Valent. et Marciani ad ad Nicaenam Syno●. inter praeambu●. epist. Con●. Chalced. tom. 1. Conc. Theodoret. l. 2. c 21. V. libellum constitutionum Synodalium qui extat in to. 1. Conc. Extat haec relatio inter Constitutiones Synod. to. 1. Conc. as appears by two several letters written by those Emperors unto the Council while it was yet at Nice. 3 Constantine the Great had in like manner formerly transferred the Council of Tyre unto jerusalem. After this (saith Theodoret, speaking of the Synod of Tyre) they went to jerusalem: for the Emperor had commanded that all the Council assembled at Tyre should be transported thither. 4 The Emperors Theodosius and Valentinian did likewise transfer one to Constantinople, which was held at Ephesus. This is gathered from a relation in the letters writ by the Synod of Ephesus to certain deputies whom they had sent to Constantinople before, to decide a certain case. Forasmuch (say those fathers) as we who were summoned to this City of Ephesus for the good of the Church, are now, by the Edict of our Kings, cited over to Constantinople, as you very well know. The same Synod of Ephesus put this superscription to their letters written to the Emperors, To the most devout Emperors Theodosius and Valentinian, the Synod assembled at Ephesus according to your Edict. 5 They proceeded yet further when they sent to seek whole Synods in gross, making them come unto them out of one Province into another, to give an account of their actions: as the Emperor Constantine did, Socr. l 1. c. 22. Zonara's to 3. who made that of jerusalem come to Constantinople to justify the deposal of Athanasius. Theodosius did the like to that of Ephesus. 6 Charles the fifth made the Pope know at the Council of Trent, that he was not well catechised in the Article of the Pope's omnipotency, nor that power of Counsels, Wh● P●e●id●nis in ●he Ch●lc●d●n Co●n●●ll. which consists in the translation and removing of them; insomuch that he caused some rude protestations to be made by his ambassadors after the translation of the Council from Trent to Bonony, both against the Pope and that Council: for he made them tell them amongst other things, Sleidan l. 19 versus finem not con●●dicted b● Surius no● Portanus. Rove●us Pontanus lib. 4. rerum memorabilium sub anno 1547. pag. 374. la● part. de la di●●er. des schism. That they could not remove it, or alter the place, but with the consent of the Emperor, who hath the tutorage and protection of all Counsels: that they had no authority to transfer the Council: that seeing they made no reckoning of the common salvation, the Emperor therefore as the protector of the Church, would take the charge of it. 7 As for our Kings we need not doubt but they had the same authority, considering they had power to dissolve Counsels after they had assembled them. So Lewes the 11 was used to do, witness john le Maire; Upon a time (saith he) King Lewes the 11 assembled the Gallican Church, and all the Universities together in a Council in the City of Orleans; aswell the better to understand the substance of the said Pragmatique Sanction; as also to take order for the Annates of Church livings. By which exaction the extreme greediness of the Court of Rome, did vex and impoverish the Realm of France, by raking up every year a marvellous great sum of money. The Precedent of this Council was the late Monsieur Peter de Bourbon Lord of Beajeu. But as soon as ever the points were brought in question, in came the King, who had altered his resolution, and ere any other conclusion was determined, he gave every man leave to depart. Saying that he would call them to Lions hereafter. Which was never done. CHAP. X. That it belongs to Emperors and Kings to prescribe the form to Counsels, both for persons and matters, and other circumstances. Vid eorum Imp. epist. in 1 tom. Act Concil. Ephes' cap. 25. Extat eorum Epist. in 1. Act. Concil. Chalc. 1 THe Emperors Theodosius and Valentinian writ to Cyrill Bishop of Alexandria, to bring with him unto the first Council of Ephesus certain other Bishops out of his Province; namely, such as he should think fit and able men. The same Emperors enjoined Dioscoru● Bishop of Alexandria by virtue of their letters to take unto him to the number of twenty Bishops, eminent for their faith and learning, and to bring them along to the second Council of Ephesus, which they had called to be holden upon the first of August. Sozomen. lib. 4. cap. 15. It pleased the Emperor Constantius (saith Sozomen) to call a Council at Nicomedia, a City of Bythinia, and to cause such Bishops of every nation as should there be found fittest to consider of things wisely, and sufficient to apprehend and argue subtley and learnedly, to repair thither with all diligence upon a day prefixed; who might represent unto the Synod the whole Clergy of their several provinces. 2 They allowed also whom they pleased to go into Synods. So by the Emperor Martians command there were certain Priests and Monks of Egypt brought into the Council of Chalcedon. Princes proposed the matter of Counsels. Notwithstanding all opposition to the contrary, they proposed what points should be disputed, and prescribed what matters should be treated of. The Emperors Constans and Constantius gave the Council of Sardis leave to dispute questions, Actio 4. Concil. Chalced. tom. 1. Concil. and examine things anew, without standing to what had been therein already determined by former Counsels. So the Bishops of that very Council assure us in those letters which they sent to Pope julius. There were three things to be handled, Extat haec Epist. in fragmentis D. Hil●rii. for the most religious Emperors gave us leave to dispute anew of all that had been formerly determined: and especially of the holy faith, and integrity of that truth which they had violated. 3 justinian did the like at the fifth General, holden at Chalcedon. Martian forbade that of Chalcedon to dispute any otherwise about the nativity of our Lord and Saviour jesus Christ, than according to the determination of the Council of Nice. V. Marti●n● oration. in 1. act. Conc Chalced. Cap. ult to. 1. Actor. ●onc. Ephe●●n. Cap. 72. tom. 4. Act. Concil. Eph●sin. The Emperors Theodosius and Valentinian writ to the first Council of Ephesus, how they had sent Candidianus their Ambassador to the Council, to whom amongst other things they had given this in charge, to see that no other question were proposed till such time as the controversies than a foot were first decided. An● accordingly do the Bishops of that Council speak in their letters to those Emperors: We being assembled at Ephesus for no other cause than to consult and treat of the faith, according to your holy Edict. 4 Our French Counsels afford us very pregnant proofs and precedents hereof; for in the most of them our Kings caused them to consult about such points as they proposed; and did often call them together of purpose to take then advice in doubtful cases King Clovys sent certain heads or chapters unto the first Council of Orleans, ●●ncil. A●relianense tom. 1. Conc pag. 1045. which himself had called, there to be discussed. Which being put in execution accordingly by that Synod, the resolutions were sent unto him by the Synod, and submitted unto his judgement. 5 King Guntrand called a Synod at Mascon, chiefly to make a decree against those that travel upon the Sunday; which he confirmed afterwards by his Edict directed unto the same Synod. Concil. Matisc. 2. tom. 2● Conc. We will and command (saith he) that what we here enjoin by virtue of this Edict be from henceforth inviolably observed: inasmuch as we have caused those things which we now publish, to be determined (as you know) and ju●ged at the Council of Mascon. 6 Carloman, who is called Duke and Prince of the French, Synodus Francica tom. 2. council. p. 456. assembled a Council in France, anno 742, (the place we know not) to take advice of it, How he might re-establish the law of God and religion, which had been trodden under foot and overturned in the time of his predecessors: and by what means Christian people might compass their salvation, and not suffer themselves to be seduced by false Priests. 7 The Emperor Lewes the Gentle made an exhortation at the Council of Aix in Germany, (which he had there assembled) when he came into it; V. Concil. Aquisgranense in princip. tom. 2. Conc. p. 638. wherein he advised the Bishops to take a course with some things which he then proposed, and which stood in need of reformation: he prescribed also a certain form unto them, which they were to follow, and which was applauded by the whole Council. 8 The same Emperor having by his authority caused a Council to be assembled at Pavy, he sent certain points unto them, commanding them to deliberate upon them, and that with this clause: We send these chapters unto you, to consult upon them, and let us know your advice: Concil. Ticinen. in princip. tom. 2. Concil. for some things of lesser moment which concern the general (yet so as they touch upon some men's particular) and stand in need of reformation, we will that you pas●e your sentence upon them, and send it to us afterwards. Pre●●dents proposed the matter of Counsels. 9 The Emperors Lewes and Lotharius called a Synod at Paris, anno 824, to deliberate upon the point of images. So say the Bishops there, About the business which your Piety commanded us, namely about the case of Images. Synodus Parisiensan princip. 10 The same Lewes and Lotharius his son proposed likewise certain heads or Chapters to another Council by them assembled at Paris, in the Acts whereof the Bishops, addressing their speech to the Emperors, do say, Concil. Paris. tom. 3. Conc. in noviss edit. Your Serenity hath collected all that seemed worthy of correction at this present, into certain heads. Upon which heads they did deliberate. Sugerius Abba● in vita Ludovice Crassis. 11 Lewes the Gross having called a Council at Estampes, he made them consult whether he should acknowledge Pope Innocent, who was fled into his Realm, or no. And upon the advice there taken, he approved of his election, and did acknowledge him. jacobus Meieru● in annalibu● verum Flandricor. sub anno 1398. 12 Charles the sixth having called a Council at Paris, the year 1398. to consult about the schism which then was betwixt Boniface the ninth and Benedict the thirteenth, He would not suffer the Archbishops and Bishops of Rheims, Rouen, Sens, Paris, Beauvis, and some others to assist there, because they were benedict's partisans, by reason of the great courtesies they had received either from him, or his predecessor. Concil. Toletanum 4. in princ. tom. 3. Concil. pag. 67. 13 The Bishops of the fourth Council of Toledo use this preface which is very remarkable: We being assembled in the City of Toledo by the care and diligence of King Sisenand, to treat in common of certain points of Church discipline, according to his injunctions and commands. We will conclude this Chapter with a passage of Marsilius: Marsilius Patavinu● in defence. pac. 2. part. cap. 20. Humane lawgivers (saith he) are bound to choose out fit men for the keeping of Counsels, and provide necessaries for the defraying of their charges: to compel such as refuse, to come thither, provided they be able men, and have been chosen, whether they be Clergymen or others. CHAP. XI. That the presidence in Counsels belongs to the Emperor and Kings, as also the judgement. 1 THe calling of Counsels doth not only belong to Emperors and Kings, but also the presidence and judgement in them. Prince's Precedents in Counsels. Constantine the Great was precedent in that of Nice. So Pope Miltiades testifieth in Gratian'ss Decrees. Valentinian, Theodosius and Arcadius the Emperors do confirm it in the same Decrees. Can ●uturam 12. q 1. Can. Continu●. 11. q. 1. Constantine the Emperor (say they) presided in the holy Council of Nice, etc. The reasons which are urged to the contrary are too weak to disprove these authorities: as when it is objected that Constantine would have sit upon a low seat in token of humility: that he would not be judge among the Bishops, Bellarm. de Con● lib. 1. cap. 19 tom. 1. but professed that he ought to be judged by them: that he would needs subscribe unto the Acts in the last place. It is not good to use so many compliments with Popes: that which is given unto them of courtesy, is taken as of necessity. This yielding hath made them soar so high, that if this Council be received, we must talk of greater m●tters than kissing their pantofle. If they who defend the Pope's cause so stoutly refuse to believe their Canons, at least without a dispensation, what others will do, judge you. St. Ambrose his authority which is further added, is of no more force than the rest. Constantine (saith he) would not make himself judge, but left the judgement free to the Clergy. We must distinguish betwixt the function of a judge, and of a Precedent. They would have made him judge of the Bishop's crimes, that he would not do: this is nothing to the Presidence: we shall speak of it elsewhere. The saying of Athanasius is the most pressing of all, in that complaint which he makes against the Emperor Constantius, who would have been Precedent and judge against him in the Council of Milan; yea and that so as to condemn him. The condemnation was indeed injust; but O how passion blinds us in our own cause! the good man to prove the nullity of the judgement, urgeth amongst other things, that it cannot be a lawful Council wherein a Prince, Athanas apol. 2 Idem in ep. ad solitariam vitam agentes. or any other Lay man is Precedent. For (saith he) if it be a judgement of Bishops, what hath the Emperor to do there? He exclaims mightily against such Presidence, but all because he was condemned there. If he had been acquitted, he would have been sure not to have said mum to it. He condemns in this what he approves in a like case; Socr. l 1 c. 22. for when he was deposed by the Council of Tyre, he had recourse to Constantine; he presents himself before him to make his complaint, and was a means that the Emperor sent to seek all the Council to render a reason of that action of theirs. If a man should have said then, If it be a judgement of Bishops, what hath the Emperor to do with it? Socr. ibid. Gest. Collationer Carthag inter Cath. et Donatistas'. What would Athanasius have answered? 2 The grand controversy in point of religion betwixt the Catholic Bishops and the Donatists, which was spread over all Africa, was decided at Carthage by Marcelline, one of Honorius the Emperor's Officers, after a long dispute in his presence. Read all the books and you shall never find that ever they complained of him. Nay on the contrary St. Austin, who was one of the disputants, to testify his gratitude for his just sentence, Prince's Precedents in Counsels. dedicated his books De civitate Dei unto him. Pope Nicholas admits them unto Counsels, when points of faith are there handled: yea and all other Lay men too without distinction, Can. Vbinam. dist. 96. whether it be to judge or to preside there. 3 If a man will suppose me here an ignorant Prince, it would be a very great indecorum for him to engage himself in such matters as these, and he had better forbear: yea and just so had a Bishop too. But if the Prince have learning and ability, what reason is there to exclude him? It would indeed suit better with the dignity of his person to let disputing alone to the Bishops, yea and the ordering of the whole action to some one of them or other, such as he shall think fit; always reserving to himself the Presidency, with the determination, confirmation, and putting in execution the Decrees, after he hath seen and considered of them. It is no jesting matter when salvation is in question: a Prince hath as deep an interest in this as a priest. But let us hold on our course. 4 Zonaras testifieth that the Emperor Theodosius assisted at the first Council of Constantinople; Zonara's annal. tom. ●. Nicolaus Papa 1. in ep ad Michaelem Imper. Cap. 32. tom. 1. Actorum Conc. and therefore we may infer that he was precedent of it, for we read of no other that took that place upon him, as we shall say elsewhere. As for that of Ephesus, Theodosius the younger sent Candidianus, one of his Officers, to preside there: but with a limited commission, having first charged him not to intermeddle with questions and controversies of divinity. And this is the reason why Cyrill, the chief in dignity of all the Patriarches who were there in person, is by some authors called the Precedent of that Council. 5 Dioscorus Patriarch of Alexandria did preside at the second Council of Ephesus, by authority from the Emperor Theodosius. This we collect out of the first Action of the Council of Chalcedon, where the judges that were precedents say, How the Right reverend Bishops, to whom at that time, (that is, at the time of the Council of Ephesus) by the Emperor's clemency, authority was given over such things as should be there treated of, give a reason why the letters of the most holy Archbishop Leo were not read; yea and when it was interposed, that they ought to be read. Dioscorus the Right reverend Bishop of Alexandria made answer, Evagrius l. 1. ●. 10. The Acts themselves bear witness how I did twice interpose that they might be read. This is further confirmed by Evagrius in his Ecclesiastical History. 6 Bellarmine thinks he hath given us very good content, by saying, that against all equity he extorted this Presidence from the Emperor: and he thereupon urgeth the authorities of Zonaras and Evagrius: But by his Graces leave he imposeth upon them both: For see what the former saith; Eutyches went to seek Chrysaphius the Eunuch, whom he had brought over to his side, and led him in a string, who being in great credit with the Emperor, obtained of him, that Dioscorus, who governed the Church of Alexandria after the death of Cyril, might be called to Ephesus with other Bishops, and the opinion of Eutyches there examined. The other in his first book and tenth Chapter, saith, Dioscorus, who succeeded in the Bishoprique of Alexandria after the death of Cyril, was appointed Precedent of the Council For to kindle more hatred against Flavianus, Chrysaphius, the governor of the Palace, had laid this plot very politicly. These authors in their discourses blame the carriage of the business, and the plot which was laid for the approbation of Eutyches his doctrine, and the condemnation of Flavianu●: but they never say, nor ever meant to say, that the Emperor was to blame in taking of the Presidence from the Pope, and conferring it upon another. It may be said furthermore, that Pope Leo rejected this Council; but it was because of the unlawful proceedings of it, just as we condemn this of Trent: But for the calling of it, that was so far from being unlawful, that the Pope himself had his Legates there. Counsels adjourned by Kings. 7 The Emperor Martian did preside at the General Council of Chalcedon, both at the beginning, and the sixth Action thereof: and at the opening of it he made an oration himself to the Congregation, as Constantine the Great had done at that of Nice, wherein amongst other things he forbid them to dispute of the nativity of our Lord and Saviour JESUS CHRIST, V. Acta Conc. Chalced. tom. ●. Conc. otherwise then according to the determination of the Council of Nice. And that Because (saith he) we will assist at the Council for confirmation of the faith, not for ostentation of our virtue. Which words Bellarmin hath made a nose of wax, affirming that the Emperor doth thereby protest he would not assist there as a judge. And passing from better to worse, he further adds, that in the succeeding actions, there were indeed some secular judges that presided in the Emperor's name, but it was only to see there were no tumult or disorder, and not as judges of faith. If the Acts of that Council were locked up in the Archives at Rome, as many other monuments are, than we might hold our peace: But being exposed to the view of all the world, I am constrained to say, that this is to deal too saucily with the truth. It is plain from those Acts that seven Officers of the Empire, and eleven Senators were not only Precedents, but, which is more, judges of all controversies, which were handled and determined there. They put interrogatories both to one and other: they pressed arguments against such as held any erroneous opinions: they threatened to condemn them: they told Pope Leo's Legates, when they desired that Dioscorus Patriarch of Alexandria might be cast out of the Council, that if they would become his accusers, they must depose the person of judges: they commanded that such Acts should be read as were exhibited to the Synod: they caused men to give their suffrages: they pronounced the sentence. In brief, as o●t as the Pope's Legates are named in the Council of Trent, so oft and oftener are these judges and Senators mentioned in that of Chalcedon. Shall we now then aver with confidence that they were not judges? What do they mean then who ascribe the Presidence and judgement in this Council to the Pope's Legates? They sit in the highest place, (so they say) they speak the first, they subscribed the first, they pronounced the sentence against Dioscorus Bishop of Alexandria in the name of the Pope and the whole Council. Here is enough to pierce to the quick, here's an ergo well shod with frost-nailes. But let us take one piece after another. 8 They sit in the first place. Yes, after the judges and Senators; and they sit not as Precedents, but as deputies for the chief Primate or Patriarch. They speak first. Yes, at the beginning when they exhibit a libel against Dioscorus, and when the judges and Senators told them, that seeing they made themselves parties against him, they could not assist at the judgement; and at the end too when they put up a complaint against the whole Council, for giving the Patriarch of Constantinople the next degree of honour after him of Rome, for setting bounds and limits to either of them. As also in the third Action, whereof we shall speak anon. They subscribe the foremost. Yes, in the same third Action, but not elsewhere, They pronounce the sentence against Dioscorus. This is it that presseth hardest. But harken to the answer; Of all the Actions of that Council, (which are sixteen in number) there were two at which the Emperor himself was Precedent, thirteen at which the ●udges and Senators whom the Emperor had deputed, and one wherein one of the Pope's Legates presided. Observe how that came to pass. There was neither judge nor Senator present in that Action: whereupon when there was a controversy about speaking. Paschasin the Pope's premier Legat, gave the company to understand, that he had commission from his master to preside in that assembly: for, saith he, He hath commanded our ●●annesse to preside in the Council in his stead: and therefore it is necessary that what ever be proposed it be determined by our interlocution. Po●●sh arguments answered. He never durst speak of this presidency in any manner, so long as the Emperor or his officers were there. In the ensuing Actions he never proceeded to any act of a Precedent. 9 All this makes against the Pope: for from hence we conclude, that where the Emperor or his Officers are, there the Pope nor his Legates have no right to preside. In case they be absent, it stands with good reason that some one of them that are of prime rank and quality manage the affairs; or else that they proceed in this case by election. Which they would never condescend unto, so much as for one day: and yet it is an ordinary thing in all societies. Now for priority of honour and dignity, there is no question but it belonged to the Bishop of Rome● as being Patriarch of the chief city in the Empire. This is evident from the very Acts of this Council of Chalcedon, in the sixteenth Session, whereof they say, The Fathers have granted certain privileges and prerogatives to the See of old Rome, because it is the imperial city. Nor did the Pope dispute this title of presidence against the Emperor and his officers, but only against the other Archbishops and Bishops For behold the very clause inserted in his instructions to his Legates: Conc Chalc●d Act. 16 tom. 1. Conc. p 938. By all means preserve the dignity of our person, considering that we send you in our place and stead: And if there be any that undertake to usurp any thing, relying upon the lustre of their cities, (this aims especially at the Patriarch of Constantinople) repel all such enterprises with that courage which is requisite. 10 It is an easy matter now to answer all the objections of this great Disputer. The pronouncing of the sentence against Dioscorus, was done in this third Session. The judges and Senators tell us so in the next action, yea and that by way of complaint; Your Reverence (say they, speaking to the Council) must give account before God for the case of Dioscorus● whom you have condemned without the Emperor's knowledge and ours. The Synod saith in their letters to the Pope, That he is in that Council as the head to the members. That is either in respect of the Presidency in that one Action; or in respect of other Bishops; but not in reference to the Emperor and his officers: with whom these Pope's Legates never once contested, but ever gave place to them with all willingness; taking it for a great honour to supply their place and execute their charge in their absence. 11 Some of our age have left upon record, that Pope Leo had an aim at this Presidence, and that he required it at the Emperor's hands. But in good time, the Doctor himself gives them the lie. For Leo himself, in one of his letters to the Emperor Martian, saith in plain terms, Leo papa epist 47 ad● Martian. Imperat Idem ep. 24. 25 26. But forasmuch as some of our brethren (we speak not this without grief of hear●) have not had the means of expressing a Catholic constancy against the storm of falsehood, it is fitting that Bishop Paschasin, whom I send, preside in my place. And in very deed he complained both to the Emperors and Empress of Dioscorus Bishop of Alexandria his being precedent at the Council of Ephesus. 12 But here is that which seems to be more pressing than all the rest: namely that the Emperor and his officers were not judges of controversies of faith, nor pronounced any sentence in those points, but submitted themselves to the sentence of the Bishops: in short, that they were only to guard the action from troubles and tumults. Bellarmin is the man that affirms it, and one of the Precedents of the Council of Trent before him. Stanis●●us Hosiu●●●● adversu Prolegom. Brent● Acto 2. Conc. Chalced. All this is pointblank against the truth of the Acts. When the question was about debating some point of faith, the Officers of the Empire (who are constantly called ●udges throughout all the Acts of that Council) and the Senators caused that to be rehearsed which had formerly been determined at the Counsels of Nice and Constantinople concerning that particular; and withal Pope Leo's Epistle which he writ to Flavian Archbishop of that city. Precedents in the Chalcedon Council. And because there were some Bishops which doubted of that faith, the judges and Senators decreed that the matter should be put off for five days; during which time Anatolius Archbishop of Constantinople, should make choice of some few of the most learned, to instruct them that were not fully resolved, so as the whole Synod should not need to trouble themselves about it. Hereupon there being a diversity of opinions; some approving of that Decree, and others not, the judges pronounced, To. 1. p. 879. That which we interposed, shall be put in execution. 13 In the fifth Action they caused every Bishop to make rehearsal of his Creed, and the rule of faith to be read; and ordained further that certain Bishops should be chosen and shut up in St. Euphemia's Oratory with Anatolius the Archbishop, and the Pope's Legates, To 1. Conc. pagg. 879. 8●0. in the presence of the same judges. Some of the Bishops falling at variance hereabouts, the judges ordained that it should be referred to the Emperor: who, being perfectly informed of all, confirmed the Decree of the judges, which was afterwards put in execution. The Bishops elect being assembled together with the judges, to treat of matters of faith, after they had all agreed upon them, went to the Synod to acquaint them with their resolution. But it is requisite to set down the very words. First it is said, And the judges being entreated thereunto by all the rest, went into the Oratory of St. Euphemia● with Anatolius the Reverend Archbishop of Constantinople, Paschasin and Lucentius Right Reverend Bishops, Boniface the Priest, and julian the Reverend Bishop of Cos, deputies for the See Apostolic of the great city of Rome● etc. And after they had treated of the holy faith, they came forth and all sat down. The most magnificent, and most glorious judges said, The holy Synod is pleased peaceably to hear what things have been determined by the holy fathers assembled together in our presence, who have also expounded the rule of faith. Afterwards the determination concluded upon and put in writing was read; which contained a ratification of what had been formerly determined by the Counsels of Nice and Constantinople in that behalf. In the next Action the Emperor being come himself in person, confirmed that very Creed, and enacted that from thenceforth it should be embraced. 14 See here a discourse somewhat of the longest indeed, which yet was no less than necessary, to convince such as will believe nothing without good warrant. I will further observe, to do them a courtesy, that Paschasin the Pope's Legate, in his subscription to that Creeds useth this form; Paschasin Bishop, in stead of the most honourable Leo Pope of the Catholic and Apostolic Church of the city of Rome, who presided at the Synod, hath ordained, consented, and subscribed hereunto. Which must be imputed to the vanity of the man; for the truth is, he presided not in that Action wherein this rule and Creed was made, but the judges; as hath been said. And which is more, when they are spoken of that were nominated to make it in the presence of the Lay judges, Act. 4● Conc. Chalced. tom. 1. pagg. 987.880. the Pope's Legates are thrice put after the Patriarch of Constantinople. 15 Now I demand further yet, if the Pope's Legates had presided in all these Actions, what would they have done more than these Imperial judges did? They would have made the proposals, they would have chosen a certain number of Bishops to draw the form of confession; they would have caused their resolution to be read, which is all one with the pronouncing of the sentence: they would have interposed their authority, as the Emperor did in person, that the matter might carry the more weight with it. If they will say that they would have given voices, which the Lay judges did not do; we answer. It cannot be collected from the Acts of the Council, that the judges did not give their opinions too● for whereas they say, The determination was made in their presence, Precedent of the Council of Chalcedon. they do not deny that that they had any voice in it. But I will grant they did not give their own opinions: yet they were the judges of others opinions, and might reject what was resolved upon by the Synod, in case they found it to be injust; this is far more than to give a voice. And indeed when the Synod cried with one voice, That they would stand to that definition of faith which had been rehearsed, the judges contradicted it, saying, that it was defective, and that it was requisite to add something to it● which was the cause why they met in the Oratory of St. Euphemia, where the form of faith was drawn, as hath been said. I will transcribe the whole passage: 16 The Bishops cried with a loud voice, Let the definition stand, or else let us dye. The most magnificent and Right honourable judges said, Dioscorus did say, I admit that of two natures. The most holy Archbishop Leo did say, There are two living natures inconfusibly, inconvertibly, indivisibly, in the one and only Son of God JESUS CHRIST our Saviour. Which of the two do you follow? Whether holy Leo, or Dioscorus? The right reverend Bishops shouted, We believe as Leo believed, those that do otherwise are Eutychians. Leo hath well expounded it. The most magnificent and Right honourable judges said. So than you add to the rule of faith, according to our holy father Leo's opinion, that there are two living natures in Christ, inconvertibly, inseparably, and inconfusedly. And these Right honourable judges, being entreated thereunto by all the rest, went into the Oratory of St. Euphemia, together with Anatolius, etc. And after they had treated of the holy faith, they came forth, and all sat down. And the copy of their determination was read by the appointment of the judges, as we said before. 17 Now if we shall make it yet appear that the judge's opinion was followed, and that addition which they insisted upon was admitted. What can be said more? Now mark what it contains amongst other matters; So then consenting to the holy Fathers, we teach all with one accord to confess one and the same Son JESUS CHRIST our Saviour, to be one in two natures, inconfusedly, immutably, indivisibly, inseparably. If this may not be called judging of matters of faith, than I may put up my pipes. 18 Yet for the further clearing of the point in hand, we will compare the Presidence of the Pope's Legates in one Action, with that of the ●udges; to see if they wrought any greater wonders than the judges. See first the power which they assumed, Act. 3. Concil. Chalced. in. pr. ●0. 1. Con p 83● That such things as should be proposed might be judged by their interlocution. The judges had the very same power of interlocution: For at the end of the second Action thus they speak, That which we interposed by interlocution takes effect. And at the beginning of the seventh, The Right honourable judges said, We have thought it necessary to give notice of these things before the holy Synod, to the intent that what shall be resolved hereupon, may be confirmed by our sentence and interlocution. The Legates pronounced the sentence of condemnation against Dioscorus: So did the judges the sentence of absolution for Theodoret in the eighth Action: The words are these; The Right honourable judges, according to the decree of the holy Council, said, The most holy Bishop Theodoret shall receive the Church of Cyrrha. Bellar. l. 1. de Conc. c. 19 Conc. Chalced. Act. 3. in sin. to. 1. p. 847. et 545 Leo ep. 47. Con. Chalced. Act. 6. to. 1. Con. p. 835 858.889. 19 It must be further observed that Bellarmin was a little too hasty when he read the Council of Chalcedon: else he might have found that what he calls the pronouncing of the sentence, was no more but a bare proposal made by the Pope's Legates unto the Council, to cause the assembly to consult upon it: and that this is true, see here their conclusion: So as this great and holy Synod ordain what shall seem good unto it in the case of Dioscorus. And afterwards follows the giving of voices. Besides, by his account all the Pope's Legates that were present at the Council, should have been Precedents; Precedents of the Council of Constant●nople. which is not true; for none but Paschasin was: As appears by Pope Leo's request to the Emperor Martian in that behalf; and that of Paschasin, then when he officiated as Precedent; and by the subscriptions both of himself and his fellows; for he only and none else takes upon him the quality of Precedent. 20 Let us now come to other Counsels. justinian the Emperor did not preside himself in the Council of Constantinople, V Synod. Constantinop. sub justini. to. 2. Conc. p. 579. holden under him in the time of the Patriarch Mena; but he determined of the Presidence: that is, he chose and nominated the Precedents of it; to wit, the Patriarch of Constantinople, with whom he joined as assistants those whom the Pope sent. Hear what the very Acts of that Council say concerning this point; After the Consulship of Belisarius the most holy and most happy Ecumenical Archbishop and Patriarch Mena being Precedent in the city of Constantinople, the most excellent and most holy Bishops Sabinus and Epiphanius, sent out of Italy by the See Apostolic, sitting upon his right hand as coadjutors by the command of justinian the Emperor. 21 It is objected that this Council was not Universal. I grant it; but so as it be granted me withal, that neither was the Pope universal; and that it belonged not unto him to preside in all Counsels. If he had any right to preside in General Counsels, much more had he in national; especially then when he was called unto them, or was present at them upon any occasion. 22 As for the fifth General Council, which is the second of Constantinople, holden under the same justinian by his command, we shall make it appear ●non that all things were carried there by him and his authority; although himself were not present at it, no more than Pope Vigilius, who having travailed from Rome to Constantinople, and being there at that time the Council was holden, yet had never the courage to go unto it. 22 The Emperor Constantine the fourth was Precedent of the sixth General Council of Constantinople, Sexta Synod. Cons●an. tom. 3. Conc p. 237. and diverse of his Officers assisted there by his command; whose names and qualities are registered in the Acts of it. Lo here the words; The same Emperor Constantine being Precedent, in a place of the Palace which is called Trullus: there being present there as auditor Nicetas Exconsul and a Patrician, and master of the Offices Imperial, Theodorus exconsul & Patrician, etc. Which is repeated in every Action of it. And as for the Pope's Legates, they are indeed marshaled in the first place amongst the patriarchs and Archbishops, but not as Precedents, but because the priority of honour amongst the Clergy belonged to the Pope. Where it is to be observed that in Counsels ordinarily, the Legates and Vicegerents took the same place of honour that belonged unto him that sent them. And of a truth in the Acts of this same Council, there is one Peter a Priest and Monk, the Patriarch of Alexandria's Legate, placed betwixt the patriarchs of Constantinople & Antioch: and another Priest and Monk called George, the Patriarch of Ierusalem's Legate, put between the same Patriarch of Antioch and the other Bishops. The like may be seen also in the Acts of the second Council of Nice. 23 This Council is wholly approved by the Pope. And it is yet further observable in it, that the five patriarchs were all there in person, or by proxéy; which was not so in any of the rest. Be●t. tom. 1. Contr. 4. l. 1. c. 19 All this is out of question but here's the doubt: Bellarmine pretends that Pope Agatho by his Legates presided there. He urgeth Zonaras for proof of his assertion, who makes nothing for him, but indeed against him. See here the passage entire. Constantine called a Council at Constantinople, Zonard● Annal. to. 3. in ul●a Cons●a●●i● 4. the chief whereof were Pope Agatho's Legates, George Patriarch of Constantinople, and Theophanes Patriarch of Antioch: for Alexandria and jerusalem had no Patriarches at that time, being then taken by the Saracens. Who precedent in the Council of Constantinople. When he saith (Chief, or Princes) he doth not mean (Precedents) for so all the patriarchs should have been Precedents there, seeing the word relates unto all: which yet Bellarmine denies to be so. If we would express it in plain English, we should say chief and principal, for that is the genuine sense of the author. 24 If we should admit of other Precedents over the Clergy besides the Emperor, it would not be the Pope, but the patriarchs of Constantinopl● and Antioch: Lambertus Schasnaburgensis De rebus Germanicis. p. 151. for hark what Lambert an old Dutch Historian saith of it; Constantine called the sixth Synod, at whose request Pope Agatho sent his Legates to the royal City, amongst whom was john, than Deacon of the Church of Rome. This sixth Council was holden at Constantinople, where there were present one hundred and fifty Bishops, George Patriarch of the Imperial City, and Macarius of Antioch being Precedents. He calls them Precedents because either of those two patriarchs were there in person, and the rest only by their deputies. 25 In the next place Bellarmine saith, they are named first in all the Acts. He should have said, they are named first after the Emperor, and all his Officers that assisted there. That is, first among the Clergy; this is the honour which belonged to Rome. But he adds further that they speak first. I know not where he learned that, but I dare believe he never read it. I desire no more for proof of what I say, but the Acts of the Council themselves. For of all the eighteen Actions of that Council, Act. 2.4. 5. 9 11.12 et aliis. in most of them the Pope's Legates do preside so honourably, that they speak never a word. In the first they put up a complaint: in some others they deliver their opinion as other men do, sometimes in the first place, sometimes in the last, sometimes after a good many. Besides, this order is observed, the Secretary always proposeth, and the Emperor determineth in the eleven first Actions and last; and in all the rest, the two Patricians and two Exconsuls', whom he sent and substituted in his place. And in pronouncing their Decrees, both the Emperor and the judges by him delegated, do always say, The Emperor and the holy Council, or The judges and the Holy Council, said, appointed, commanded, ordained, etc. No such matter with the Pope's Legates. Nothing passeth without the Emperor and his Officers, be it they treat of points of faith, or what else so ever: they discuss controversies in divinity as well as the Bishops. To be sho●t, a man cannot collect aught out of the whole story of this Council, but that the Emperor and his Officers were judges and Precedents of it. Bellarm. de Concil. l. 1. c. 19 And yet some dare say, that the Emperor was no judge nor formal Precedent of it; that he pronounced no sentence there: And for subscription, all the Clergy signed first, and the Emperor last of all. His Officers did not subscribe at all; it was not the fashion: their master's subscription was sufficient. And for his subscribing first or last, it is neither here nor there to the cause. If the Pope's Legates had presided but in one Action only, as at the Council of Chalcedon, they would have been careful not to forget that title of honour in their subscription. It is a strong argument to prove they had not the Presidence neither in show nor substance; for otherwise they would surely have told us some news of it. Sexta Synod. in Trullo. in praesat. apud Balsamon. p. 192. 26 As for the other sixth General Council of Constantinople, in Trullo, the Emperor justinian the second did not only call it, but presided in it. The Bishops thereof address these words unto him in their preface; Our Saviour Christ hath given us in you a wise governor, a pious Emperor, and a true Precedent. We know very well this Council is rejected, but we are yet to learn the just reasons of this repulse; Balsam in Comment. ad 6. Synod in Trullo circa princip. for Balsamon, Patriarch of Antioch, assures u● the Pope's Legates assisted there. 27 We have formerly by the way made mention of the Conference at Carthage, Emperor's precedents in Counsels. betwixt all the African Bishops both Catholics and Donatists, called by the command of the Emperor Honorius: who were summoned thither by the Imperial Officers, who disputed all along before Marcellinus, the Precedent and judge delegated by the Emperor; Gest. Collationis Carthag. habits Honor●●●ussi●, inter Cat●●licos et Donatist. Lambe●tus Scha●naburg. de rebus Germ. sub ann 963. Add Reginon, in Chron sub. ann. 963. who in fine passed his sentence of condemnation upon them. 28 Otho the first surnamed the Great, called a Council at Rome, the year 963. and presided in it. There was a great Council held at Rome (saith Lambert) (wherein the Emperor Otho did preside) with a great multitude of Bishops, Abbats, Priests, Clerks. and Monks, by whose determination Bennet was deposed from the See Apostolic. This was Bennet the fifth, in whose stead Leo the eighth was created Pope. 29 Otho the second son to the former, being arrived at Ravenna in the year 967, (saith Regino) and having there kept his Easter with Pope john the third, he there assembled diverse Bishops of Italy, and Romania, and himself keeping the Council, he invented many things to the profit and behoof of holy Church. Therefore he was Precedent and judge in the Council. 30 The Emperor Henry, the son of Conrade, being beyond all patience displeased with the excessive Simony, which had got foot amongst the Clergy, called an assembly of all the Archbishops and Bishops of his Empire: so saith Glaber Monk of Clunie in the last chapter of the fifth book of his History. After he had made remonstrance unto them of diverse things concerning that point, he set out an Edict over all his Empire, (saith the same author) That no degree or Order of the Clergy or Ecclesiastical Ministry should be purchased for money: and whosoever should be found to have given or taken any thing, should be deprived of all his honour, and be accursed. You see then he was judge and Precedent of the Council. We shall then conclude for hereafter, that not only the Presidence in Counsels, but the judgement also belongs unto the Emperors. 31 Whereunto we will add, as touching this last point, That from the beginning to the end of the Counsels, all matter of action was performed by the Emperors, or those to whom they committed that charge. The Convocation was made by them: the place was appointed by them: the form of meeting and treating was prescribed by them: the number of persons, both Clergy and Layty was stinted by them: they forbade some and commanded others to come there: ofttimes they proposed the points which they would have consulted of; and prohibited the mentioning of any other: they guided the action, caused the rest to give voices, disputed cases, passed their sentences, approved the determinations which were agreed upon, whether they were absent or present: and many such like things they did. 32 And yet for all this some would bear us in hand that they were no more but spectators, without contributing any thing thereunto besides their authority: or to speak more properly, that they were but the porters and doorkeepers of Counsels; the executers of their decrees. Which honour is preserved unto them by the Council of Trent; for hark how they speak of them in the 22 Canon of the last Session; Con. Trid. ss. 25. cap. 22. The holy Council also exhorteth all Kings, Princes, Commonwealths and Magistrates, and by virtue of holy obedience commandeth them to interpose their aid and authority for the assisting of the foresaid Bishops, Abbats, Generals, and others that have the charge and superintendance of putting the said reformation in execution, every time, and as oft as they shall be required so to do. And at the end of the same Session; Conc. Trid. Sess. 25 c 21. de recipiendis decretis. It remains now that it exhort in the Lord (as it doth) all Princes, so to employ their pains, that they suffer not such things a● are decreed by ●t to be depraved and violated by heretics; but that they and all others devoutly receive them, and faithfully observe them. Good God where is now the time that Counsels entreated the Emperor with so much honour and submission and humbleness of spirit to confirm their decrees? Who Pr●si●●● of the Nicene counsel yea when they came in corpse from one Province to another to find him out, to acquaint him with them, to entreat him to assent unto them, and to authorise them? CHAP. XII. That the Pope did not preside in General Counsels. 1 HAving proved already that the Presidence in Counsels belongs to Emperors and Kings, it is good to infer, therefore there is no reason the Pope should arrogate it unto himself exclusively to all others: and that the Council of Trent is by good right rejected in France, because he took upon him to authorise it. The Pope may yet pretend that this right belongs unto him, at least by way of concurrence with others. He would make us believe upon Bellarmine's word, that by means of his Legates he always presided in General Counsels. We have made it appear that it is not so. He may say perchance that at least he presided in many of them. Let us now prove the contrary; which will be an easy matter to do. We have already showed that Constantine was Precedent in that of Nice. Bellarmine saith it was the Pope's Legates, who were in number three, and amongst them Hosius the Spanish Bishop was one. Mark his reasons: They all three (saith he) subscribed first. True, but not in the quality of Precedents, (they never say so) but as supplying his place to whom the first rank of honour amongst the rest of the patriarchs doth belong. And to prevent a reply, Bellarmine, saith the same Hosius, was Precedent of the Council of Sardis; Conc. Sardicens'. ad sin. and yet we find one and twenty, or more that subscribed before him. This is ordinary in all the ancient Counsels, that he who was most eminent in Ecclesiastical dignity subscribed first, not he that presided. There needs no more to prove this, but to perufe the subscriptions, which we have for the most part at the end of the Acts. 2 In the next place he saith. Cedrenus and Photius affirm, That Pope Sylvester by his Legates gave authority to the Council of Nice. I grant it; but so did the other Patriarches as well as he, for without them a Council cannot be called General. And further, there's none denies but the See of Rome carried always a great lustre, and that in consideration that the City was the head of the Empire; but the conclusion is not worth a rush, to say, therefore he was Precedent there. Athanas. in ep. ad solitariam vitam agentes. 3 For a thir● reason he serves himself of the authority of Athanasius, who writes, That Hosius was the Prince in that Council, and that he was the man that compiled the Creed. But we must consider that the word Princeps in that place doth not signify Precedent: But when Athanasius useth it, or Zonaras the verb 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, or another the verb 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, they mean those that were the principal in the Council for dignity or knowledge. Zonar. to. 3. annal. So when Zonaras speaks of those patriarchs that were present at a Council, he calls them all Princes of the Council. And speaking of the second General, he saith, that The Great Bishop Gregory Nyssen, and St. Amphilochius were the Princes in that dispute. And for Hosius he was the Bishop, that by reason of his learning overtoped all the rest, not only in this Council but in all others wheresoever he was present. The Pope not Precedent in the second General. And this is the reason why the same Athanasius in his second apology saith, What Council is there where he was not Prince? Or who is he that was able to withstand his Orthodox opinion? What Church is there that hath not the most excellent monuments of his defences? So then here's the point: He drew all the world to his opinion, he was admired for his learning and discourse, and for that reason he was as the Prince, or chief above all the rest, Ergo he was Precedent. We deny that argument. 4 It is also agreed upon that the Pope did not preside at the second General Council, which was holden at Constantinople, neither in person, nor by his Legates. It is true, Bellarmine observes one thing which he thinks very advantageous for him; which is, That the Emperor sent ●uto the Bishops the Pope's letters, whereby they were summoned to the Council: But we have already made it appear that Bellarmine's wits were a woolgathering when he made this exposition, seeing the Pope's letters to the Emperor do not decree that convocation; but on the contrary the Pope summons the Eastern Bishops by virtue of the Emperor's letters; as we have showed elsewhere at large. He excuseth the Pope for not being present at that Council of Constantinople. We admit of his excuse, but we entreat him withal to believe, that though he had been there he should not have presided, unless it had been the Emperor's pleasure. For whereas he saith, the Bishops of that Council do by their letters acknowledge the Pope for their head, and call themselves his members; we deny that it is aught so. They do not direct their letters to the Pope, but to the Council of Rome, which had writ unto them, and whereto they return an answer. Afterwards they call themselves members of the Council, but do not speak a syllable of the head. What can he gather thence for the Pope? 5 Bellarmine concludes, that Nectarius Bishop of Constantinople did preside in the Pope's absence. But I doubt of that, for I have read in Theodoret, Theod. l. 5. c. 8. Zona. to. 3. annal. that the Council of Constantinople begun before this Nectarius was admitted Patriarch; who was formerly a Patrician and Senator, and by consequent a Lay man. Which is further confirmed by the letters of the same Synod of Constantinople to that at Rome, where it is said, Extat in Act. Conc. Constan. to. 1. Con. p. 407. We have created Nectarius Bishop of Constantinople, in the open face of the General Council with unanimous consent, before the Emperor Theodosius, and all the Clergy, the City likewise consenting thereunto. This being so, I am afraid we must be forced to seek the presidence in some other than Nectarius. And without doubt the Emperor was the man, let Bellarmine say what he will, who removes him far from the Council; telling us how he sent the Pope's letters thither, which contained the convocation of it. Bellar. l. 1. de Conc. c. 19 The Council hath already informed us by their letters which they sent to Rome, that the Emperor was present at the election of Nectarius. And Zonaras testifies that he assisted at the Council after the creation of Nectarius. Zonar. tom. 3. annal. p. 90. Great Amphilochius (saith he) desired the Emperor, that the Arrians, who spoke ill of the son of God, might be banished the City, or at least prohibited from having any assemblies: but perceiving that Theodosius set light by it, having taken a time of purpose when Arcadius the Emperor's son sat in the Council with his father, he did unto Theodosius both in word and gesture that honour which was due unto him as Emperor: but unto Arcadius, he said no more but, God save you my son. Whereat the Emperor being offended, this holy man told him; You, who are but a man, take it heinously out that your son should be slighted, do you think that God is not offended also that his only son should be evil spoken of? 6 Come we now to the third General Council which was holden at Ephesus. It hath been said above, that Theodosius the younger scent one Candidianus thither for his part to preside there, Precedents of the Council of Ephesus. but with a limited power, not to intermeddle with points of divinity. This limitation was a reason why there was another to manage the action; to wit, Cyrill Bishop of Alexandria, namely for such matters as Candidianus had no commission to deal in. Now the question is, whether Cyrill was chosen by the Emperor, or by the Council, or assumed the presidence as of right belonging to himself. And it is further questionable, whether he presided in the quality of the Patriarch of Alexandria, or of the Pope's Legat. We cannot well resolve either one or other of these questions for want of authorities, for the ancients do not specify whether he had this Presidence by election, or intrusion, or toleration. And for the other query, we have nothing to say to it for certain. He was precedent, 'tis true; he was the Pope's Legate, 'tis true too. But for all this it will not follow that the Presidence was granted unto him as the Pope's Legate, for so the rest of the Pope's Legates should have been Precedents aswell as he, which no ancient author ever yet affirmed. So all the places which are brought to prove the Pope's Presidence in that Council, in the person of his Legates speak but of Cyrill only: whence it follows that they exclude the rest ●rom it. 7 There is yet a very notable reason, which is, that before there was any talk of this council of Ephesus, V. to. 1. Act. Conc. Eph. c. 16. the Pope had sent Cyril in his stead to put the sentence in execution, which was by him pronounced in his Council at Rome against Nestorius' Patriarch of Constantinople, in case he did not relinquish his heresy within ten days after admonition. For behold what the same Council saith of it in their letters writ to the Emperor's Theodosius and Valentinian; Celestine the most holy Bishop of Great Rome, Act. Conc. Eph. ●o. ●. c. 17. signified by his letters the sentence passed by him and his Council at Rome, before any Synod was assembled at Ephesus, and had delegated Cyrill to put in execution what had been adjudged by him at Rome, and sent him in his place and stead. And in deed the Pope, thinking no more of that delegation, sent afterwards other Legates for the Council of Ephesus, which yet did not preside there. Which plainly shows that Cyrill was precedent in some other quality than of the Roman Legate: A●tor. Conc. Ephes. to. 2. seeing they who had particular and express charge from the Pope to assist at that Council for him, and who came in fresh in his behalf, had more right so to do, than he who had been only delegated by him to put a sentence in execution. 8 For the fourth General Council which was that of Chalcedon, it i● plain from what we have said of it already, that one of the Pope's Legates presided only in one Action, and that in the absence of the Emperor and his Officers, and not as a true Precedent neither, but as one who found himself to be the most worthy person in degree of honour; neither the Emperor nor the Council having made other election: beside, that the Pope strongly affected this presidence, that he writ to the Emperor about it; that he complained to all the world of it; that he had given instructions to his Legates that they should be sure to take the place without suffering themselves to be prayed to it, yea without being invited to it. Nor can there be any advantage for the Pope taken from that which Zonaras saith in the third Tome of his History, That the Pope was Prince of that Council: for that signifies he was one of the heads: for Zonaras speaks as much of the other Patriarches, calling them Princes or prime men of the Council. The Princes of this Council were (saith he) Leo Pope of Rome, Anathalius Patriarch of Constantinople, and juvenal of jerusalem. 9 For the fifth General, which is the second of Constantinople, Bellarmine grants that Eutychius Patriarch of Constantinople presided at it, Photius in lib. de septem. Synodis. and not Pope Vigilius: but he adds that Vigilius might have been precedent if he would. He proves his assertion by the authority of Zonaras, who makes against him if we read the passage entire, and not by halves, as he cities it: for (saith he) Under Eutychius (that is the Patriarch of Constantinople) the fifth Council was assembled, Princep Concili● what it means. consisting of 165● Fathers, of whom Vigilius Pope of Rome was Prince, and Eutychius, of whom we have spoken already, and Apollinaris (Patriarch) of Alexandria● See here, the Pope was not precedent himself alone, but had his associates, which he will not allow. And therefore we must have recourse to what we have said before, that the word Prince is taken for the principal among the Clergy, whether for learning or dignity: and this is the reason why all the Patriarches (amongst whom he of Rome is chief) are called Heads or Princes of the Council; but there can nothing be inferred from thence for the presidence. And to the end that we may put this exposition out of all question, (which is in itself most true) over and above those passages of Zonaras● whereof we have spoke already, we will yet produce some to that purpose out of the book entitled, An explanation of the holy and venerable Synods, printed at Paris the year 1553 out of the King's library. Libellus ita inscriptus, Sanctorum & venerabilium conciliorum ex habitabili orbe convocat●rum explanatio. Excusa Parisits apud Martin●● juvenem ann. 1553. Where it is said of the first Nicene Council, At which Council Sylvester Bishop of Rome, Alexander of Constantinople, Alexander of Alexandria, Eustachius of Antioch, and Macarius of jerusalem were heads or precedents. Those were the five Patriarches which were present there, either in person, or by their Legates. Where notwithstanding (to give notice of it by the way) we may observe a mistake in the author, who by way of anticipation reckons the Bishop of Constantinople amongst the Patriarches, not remembering that he obtained that degree of honour at the second general Council holden at Constantinople: and hither also must that other passage of the same author be referred, The Precedents of this Council were Damasus Bishop of Rome, Nectarius of Constantinople, Timothy of Alexandria, Cyrill of jerusalem, Meletius of Antioch, Gregory the Great the Divine, Gregory Nyssen, & Amphilochius of Iconium. He reckons the five first as patriarchs, and the three last as great Doctors, famous for their learning. Zonara's saith, Zonaras. ●o. 3● p 30. they were chief in the dispute, using the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, which the Latin translation renders Principes fuere. For the third General holden at Ephesus, he speaks thus of it: In this Council Celestine Bishop of Rome, Cyril of Alexandria, juvenal of jerusalem, and Memnon of Ephesus were Presidents. This last is ranked also amongst the chiefest, by reason of his worth and learning. Of the fourth General holden at Chalcedon, he saith, At which Council Leo Bishop of Rome, Anatolius of Constantinople, juvenal of jerusalem, and Maximus of Antioch were chiefs and Precedents. Of the fifth General at Constantinople, The heads of which Council were Vigilius Pope of Rome● Eutychius Bishop of Constantinople, Apollinaris of Alexandria, Domnus of Antioch, and Damianus of jerusalem. Of the sixth General holden at Constantinople, The chiefs of which Council were Agatho Bishop of Rome, George of Constantinople, Peter the Monk, deputy for the Bishop of Alexandria, and Theophanes of Antioch. Of the seventh General held at Nice, The Precedents of which Council were Hadrianus Pope of Rome, Tarasius Bishop of Constantinople, Politian of Alexandria, Theodoret Bishop of Antioch, Elias of jerusalem. In all which passages it is in the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉: and in the Latin translation, Cui Concilio praefuerunt. You see then the Pope is well accompanied in his pretended Presidence. He is continually named first for his degree of honour before, not for his superexcellence above the rest. And beside he is reckoned first only amongst the Clergy, for as for the Emperors and their Officers, they took place of all in Counsels, as is evident from the Acts: But let us come back to Bellarmine again. 10 That other passage which he allegeth out of Eutychius the Patriarch of Constantinople's letter to Pope Vigiliu● seems to be more pressing, where he saith, Wherefore we desire to treat and confer upon these points with joint forces, Praesidente nobis vestr● beatitudine, under your presidence. These words might be spoke by way of compliment, in manner of a kisse-your-hand, or proffer of service: Pre●idens in the 6 General Counsel. But however we must of necessity confess two things: First, that the Emperor justinian, however he was not present at the Council, had authority there notwithstanding, for he called it; he sent the points which they were to deliberate upon; he commanded them to appear at the Synod with the rest of the Bishops. justinian. in ep. ad Episc. Synon Const. 5 in Act. Concil. Constant. to. 2. ●onc p. 496 Ibid p. 500 We have commanded him (saith he) by our judges, and by some among you, to meet you, and treat in common with you of the points aforesaid. It is true the Pope excused himself, saying, He could not come, (these are his very words) because there were a great many Eastern Bishops at the Council, and he should have but a few Western with him there. And this he always insisted upon, saying, that he would only give his advice upon three points which had been proposed by the Emperor; and that in such sort, that the Bishops of the Council were offended with him: for see here what they say of him at last● And whereas he proffered to give his advice by himself alone, after he had been diverse times invited by us all to come hither, and by the right honourable judges sent unto him on the behalf of the most devout Emperor after he had notice of that answer: having the Apostles admonition in mind, That every one shall give account to God for himself; and also fearing that judgement which is laid up for those that offend one of the little ones, much more when they offend the most Christian Emperor, whole Nations and Churches; and that which the Lord said to St. Paul, Fear not, but speak, and be not silent, for I am with thee, and no body shall do thee harm, We therefore being assembled together, have acknowledged in the first place, etc. 2 The n●xt is that the Pope would never condescend to assist at that Council, though (as it follows from these very passages) he was entreated thereunto both by the Emperor and all the Bishops therein. In brief, he desired always to act his pageant apart, and would not entermedle himself among the Eastern Bishops. Wherefore nothing can be collected hence which makes for the Pope's advantage. But on the contrary, whosoever shall read all the acts of that Council, will find it is a thing much redounding to his disgrace; that he should be resident in the same City after a Council was there assembled, and being requested to go to it to treat of points of great importance, that he should refuse to communicate with his brethren and fellow-Bishops, as it is related in the very Acts. And without doubt this is a mighty breach in his universality; especially seeing he excuseth himself for not coming into the Council, because he had but a few Western Bishops with him: for he thereby confesseth he had no great authority over the rest: Yea it is one of the strongest arguments that can be brought to prove that the presidence in Counsels belonged not to him; it being very probable that if so, he would have forborn coming thither: Which Bellarmine in his works doth not greatly dissemble. 11 The Acts of the sixth General Council, which was the third of Constantinople, Sexta Syn. Const in princip to. 2. Con●. p. 282. tell us in downright terms, that Constantine the Emperor was Precedent of it, and not the Pope's Legates. 12 As for the second Nicene, which is counted the seventh, it is not said in the Acts thereof, that the Emperors assisted at it, for they were absent. There are indeed certain Officers and Senators which were present through all the Acts, h●t not in the quality of Precedents or judges. As for the Pope's Legates they are named first in every action, and subscribed in the first place; but nothing can be concluded thence for the Presidence. This was only granted unto the Pope, because he was chief in Ecclesiastical dignity. It is a hard matter to know who had the Presidence in that Council, because when the question is of decreeing, or pronouncing any thing, the Council is made to speak in corpse, as on this manner, The Council saith. The Council ordaineth. Yet is not this carried so closely but it may appear that Tarasius Patriarch of Constantinople managed the action; Precedents in the ●ight General Counsels. seeing for the most part he proposeth and decreeth: yea, and when the question is of giving voices, the Pope's Legates come in the first place, and he in the last to make the conclusion, as in the third Action. And besides those Legates show themselves so seldom, that he that shall read all the Acts will never take them for Precedents. But observe I pray that which gives a shrewd blow to the Pope's Presidence. When the Council was finished, Zonar. tom. 3. in Constantino & Irene. Those which had celebrated it (saith Zonara's) repaired to Constantinople, where the Acts of the Council were read in the Palace royal, the Emperor presiding there, and upon the audience of every Action, they were approved and subscribed unto by them. 13 As for the eighth General holden at Constantinople, I profess the Pope's Legates presided there: only I entreat the reader to observe in his perusal of the Acts, in what manner they make their Presidence pass for good; they take good heed of not forgetting that title as in the former; and it is credible they would have been as careful then, if it had been in their power. In the first place they produce their commissions and instructions, whereby they are charged by the Pope to preside there: they met with such Emperors as they desired, that is, so honest and respective, that they not only yielded the Presidence to them, but (which is worse) they would not sign the Acts till after the Bishops and Delegates; as is testified in their subscriptions. Certain Princes and Lords, which assisted at that Synod by the Emperor's command, were also so mild and courteous, in imitating their master's example, that the Pope's Legates having requested them to put some interrogatories to certain men who were come into the Council concerning a petition preferred by them, they replied, In obedience to your request, and upon your command we will examine them, not of our own power, for this power belongs to you. To be short, it cannot be denied but the Pope was truly the Precedent of that Council. So that we need not marvel that he did such an ill office to Charles the Great, as to condemn his Council of Francfort, considering he did not vouchsafe to devolve the presidence upon him. 14 Now we affirm yet for all this that this courtesy ought not to be drawn into an argument: that the Emperors might well prejudice themselves thus, but not their successors. Yea it may be said that what they did in this case is a nullity, seeing that by the very Decrees of Pope Alexander the third, no man can forfeit a privilege which is granted to his order, rank and dignity. Cap. Si diligent●. Extra de foro Compet. That because a man hath presided in one Council, he must not therefore pretend that the whole presidence belongs unto him, and that the Emperor who was wont to preside in all, hath no more right ever after. 15 All this then being proved to be true, That the Emperors called Counsels; That they, and not the Popes, presided in them; That when they pleased, they had the whole stroke and authority in them: who will not henceforth startle to hear the language of Pope Nicholas to the Emperor Michael? Where did you ever read (saith he) that your predecessors had aught to do in any Council, Ca●. Vhinam. Dist. 96. unless perchance in some one, wherein matters of faith were handled? We ask him on the contrary, where did he ever read, that they had not to do? Yet we are much beholding to him for that exception, unless in some one. The language of Leo the tenth and his Council of Lateran is yet more frightful: Vid. Conc. Lateranense ultimum sub Leone 10. The Pope of Rome alone, as having authority over all Counsels, hath full power and right to call, transfer, and dissolve Counsels. CHAP. XIII. Of the Presidence of Kings and Princes, in Counsels. Kings of France Precedents in Counsels. 1 HAving spoken of the Presidence of the Emperor and the Pope: it remains we speak of that of Kings in the Counsels & Synods of their own realms. And for France we shall here marshal the examples of Charles the Great, Lewes the Gentle, and other French Emperors, howbeit they might have been disposed amongst the former. It is reported in the life of Charles the Great, a Apud authorem De vita Caroli Magni Et Annales incerti author. inter scriptores co●e●ancos Pit●●rt. At that time King Charles held a Synod at Valentia. And b Apud eundem auth. De vita Caroli Magni. again in the life of the same Prince; He, together with the French in general, held a Synod at Gennes; and there dividing his army, he marched towards mount Senis. So saith c Regino sub ●nnis 77●. 771. 772.775.776. 779. Regino diverse times when he speaks of Charles the Great, The King held a Synod: the words in Latin are habuit, tenuit, which signify, both his presence and his presidence. The Acts of the d Synod. Francofurt. in epist. ad ●raesules Hispan tom. 2. Con● p 655. Synod of Francfort say in plain terms that he presided there; for hark how they speak of him in their letters to the Bishops of Spain; We have all met together by the command of the most pious, and most glorious King Charles, who presided amongst us, to repair the state of the Church. Yea, which is more, he disputed there about matters of faith, and therefore it is probable he delivered his opinion concerning them. e Synod Francofurt. in libello Sacrosyllabo. to. 2. Con p. 640 Upon a day (say the Acts) being all at the Palace, the Priests, Deacons, and all the Clergy being seated circularwise, in the presence of the said Prince, there was a letter brought in, sent by Elipend, Bishop of Toledo, who had committed a most enormous crime, and being read aloud by the King's command; that reverend Prince rising up on a sudden from his chair of State, continued standing, and discoursed of matters of faith for a long time together; adding at the close, What think you of it? And the Canons and Decrees of that very Council inform us of much more: namely that Charles the Great was the author of them, for he is the speaker. The fourth begins thus, The most pious King our Lord ordaineth with the consent of the Synod. At the sixth, seventh, and eleventh, the King and the Council both speak, It is decreed by the King our Lord, and the holy Synod. And at the tenth, It is decreed by the King our Lord, or by the Synod, etc. Con●. Aquisgr. 1. in princip. to. 2. Conc. p. 638. et 639. 2 Lewes the Gentle at his entrance into the Council of Aix, made an exhortatory speech, wherein he warns the Bishops to provide for some things by him specified, which stood in need of reformation: he prescribed unto them a set form which they were to follow; which was highly commended by all the Synod; yea, and approved in all points: beside, he furnished them with divinity books which they might make use of. All this is related in the Preface of that Council, whence it may be inferred that he presided there. 3 We read in an old French Historian, that Rhabanus Archbishop of Mentz, presided in two several Counsels holden in that City by the command of Lewes the Gentle. annal incerti author. inter scriptores cooetancos Pithoe●. But the same author tells us plainly, that it was the same Emperor's pleasure, and in his absence: seeing that in the Acts of those Counsels, at least of the first (for the rest we have not) the same Rhabanus and all the Synod speak continually of the Emperor with a great deal of humility, French Kings Precedents. even referring all to his judgement. But hark what the forecited author saith of it; Orgarius Bishop of Mentz, died in the year 847, and Rhabanus succeeded in his place, who by command from King Lewes held a Synod at Mentz the same year. The title of that Synod imports, that Rhabanus presided in it; whence it follows that it was by virtue of the Emperor's command. The same author saith, In the year 852, there was a Council holden at Mentz, the Metropolitan City of Germany, by the will and command of the said most renowned Prince, Rhabanus Archbishop of that City being Precedent of it. A little after he adds further, that at the same time while they treated of Ecclesiastical matters, the King was employed in public affairs, and that they sent their Decrees unto him to be confirmed: a certain testimony that the presidence was conferred upon Rhabanus by the Prince. 4 King Charles the Bald was present at the Council ●olden at Pi●tis upon Sein, in the year 863. He is named first: Conc. in loco qui dicitur Pisti●. to. 3. Con. p. 900 the Decrees are conceived in his name; whence it follows that he presided there. We may make the like inference of all those other Counsels which run in the name of our Kings, or to speak more properly, where our Kings speak and decree such things as are proposed, with the advice of the Clergy; of which kind we find good store: for without doubt either they themselves presided in them, or others for them. 5 King Arnold after he had called the Council of Tribur● Conc. Triburiense to● 4. Conc. p. 26. in the year 895. presided there himself, as may be collected from that epistle which cont●ines the Preface: which is likewise avouched in plain terms at the end; In this holy Council, the devout Prince, and most renowned King Arnold being Precedent, and employing himself about it, the holy fathers and Reverend Pastors of the Church, which came thither, were all seated. 6 Philip Augustus called a Council at Paris, ann. 1●84, at which he presided, as is collected from the words of the author, who speaks thus of it; He commanded a General Council to be called at Paris, of all the Archbishops, Bishops, and Princes of his Realm; which he having kept with them by common advice, Rigordus in lib. de gestis Philippi August sub ann. 1184. by his authority royal he enjoined the Archbishops, Bishops, and all the rest of the Ecclesiastical Prelates, by their frequent Sermons and exhortations, to persuade the people committed to their charge, to go to jerusalem to defend the Christian faith, against the enemies of the cross of Christ. 7 When King Lewes, the father of St. Lewes reigned in France, (saith john le Maire) and Gregory six● jean le Maire ● en la 2. Party des schisms. Romanus the said Pope's Legate came into France; by the will of the King there was a Council of the Gallicane Church assembled, whereat the King and the said Legate did preside. 8 In the year 1286 there was a Council holden, consisting of all the Prelates and Barons of France, Against Pope Boniface the eighth, Idem ibid. where King Philip was present in person, and presided at it, reckoning up all the outrages and injuries which he had received from that Pope Boniface, Constitutio Caroli 6 quam alii Arrestum Curiae Parliamenti appellant. Extat in libello de statu Eccles. Gallic. in schismate p. 4. Et inter Regias Constitutiones. Et in Catalogo testium veritatis. p. 472. saith the same author. 9 The Ordinance of Charles the sixth in the year 1408, makes mention of certain Precedents by him established at a Council holden at Paris; Not long ago (saith he) it was proposed and demanded by our Attorney General at a Council holden at Paris, consisting of the Bishops and Clergy of the Churches within our Kingdom, and Dauphiny, where our cousin Lewes King of Sicily, our eldest son Duke of Aquitain and Viennois, the Duke of Bourges our uncle by the father's side, the Duke of Burgundy our cousin, and the Duke of Bourbon our uncle by the mother's side, did preside for us, that the Pope's exactions and other grievances formerly rehearsed, might be utterly abolished. Ki●gs of England Precedents. 10 King Lewes the eleventh caused a Council Of the Gallicane Church, and all the Vniversites to be assembled in the City of Orleans, to be more fully informed in the business of the Pragmatique Sanction: at which Peter Duke of Bourbon Lord of Beavieu presided in steed of the King. jean le Maire en la 2. party de● schisms. Matth. Westmonast. l. 2. sub ann. 1073. 11 There are Precedents in store for England too. William the first presided in a Council holden at Rouen, in the year 1073. It was judged (saith an English author) at a Council holden in that City, where William King of England was Precedent, that the Monks which were guilty of the crime, should be kept in close prison during the Bishop's pleasure. The same King presided also at another holden before that at † Win●hester. Florentius Wigorniensis sub ann. 1070. Matth. West. ●. 2. sub. ann. 1107. Wilhelm Malmesb. de gestis pontis. Anglor. p. 129●6 Silchester in the year 1070, whereof we have spoken elsewhere. In the year 1102, or (as others have it) 1070, Anselm Archbishop of Canterbury, called a General Council of the Churches of England to London, and presided at it (but it was with the consent and good will of Henry the first) where some Ecclesiastical affairs of great importance were treated of. 12 We could also produce some examples for Spain: for he that shall read the Counsels holden in that Country, ●ill easily acknowledge that the Kings had all the authority in them whensoever they were pleased to use it. 13 All the discourse which we have made upon this point, is in a manner superfluous; for having proved by so many examples, that Kings and Princes called Counsels, it follows that they had also authority to preside in them: which yet they did not always use, being for the most part more apt to wield the sword than to manage an Ecclesiastical action, to give their opinions or cause others to opine in spiritual matters, to pronounce the sentence of judgement, and such like. Demetrius Comatenus Ar●chiepisc. Bulga●iae in respon ad Constantinum Ar●hiepiscopum Dirrachii. To. 1. juris Gr●co-romani p. 1317. For this reason ofttimes they left all to the Clergy without intermeddling themselves: but when they were pleased to interpose, they were so far from being censured for taking too much upon them, that on the contrary they were highly extolled and commended for it. And what was spoken to the Emperor by an Archbishop of Bulgaria is appliable to all Princes within their own Realms and Dominions; The Emperor, (saith he) as the common-skilfull Monarch of the Churches, is Precedent of the Decrees of Counsels, and makes them be in force; he ordaineth Ecclesiastical orders; he sets laws to the life and policy of those that serve at the Altar, etc. CHAP. XIV. Of the approbation and authorisation of Counsels. 1 IT remains now that we speak of the authorising of Counsels, Confirmation of Counsels ascribed to the Pop●. which the Popes in their books arrogate unto themselves, exclusively to all others; which is also confirmed by this Council of Trent: The words of the Decree, as they are in the French translation by Gentian Hervet, Canon of Rheims, are very remarkable; It pleased all the fathers to make an end of this holy Council, and that his Holiness should be desired to confirm it, saving only three who said the confirmation needed not be required. Wherefore we the Legates and Precedents conclude this holy Councell● and desire the confirmation of it from our holy father, in as earnest manner as is possible. That which is spoken here of those three is razed out of all the Latin copies which were printed since. It is a loss that the names of those honest men who were of that sound judgement, are not known. 2 See here a Decree which doth not a little enhanse the power of Rome. The Pope's heretofore cried most stoutly, that it belonged to them to authorise and confirm Counsels: yet for all that no body believed them. This Council states the question, and will not have any to make a scruple of it hereafter. So that if the pope think good, it is a thing done to his hand, there needs no more talking of it. As for the Emperor and Kings and Princes, and all other persons whatsoever, no matter for them: they have no more to do but receive what shall be sent them, to execute what shall be enjoined them, without making any bones of it, referring themselves in all things wholly to another man's trust. 3 And the worst of all is, that by assembling this power of confirmation, the Pope pretends to be above the Council. Bellarm to 1. cont●overs. 4. lib. 2. c. 17. arg. 5. For amongst other arguments which the Romish Doctors use to prove the Pope's power to be above the Counsels, this is one, that he conforms and rejects the determinations of Counsels. To repel this error we shall prove three things. 1 That in the approving of Counsels the Popes have no more authority than other men. 2 That the approbation of them made by them in times past, hath not won them any supreme authority over Counsels. 3 That for point of approbation Emperors and Kings had anciently more power than they. 4 For proof of the first, we say that anciently after the celebration of Counsels, the Synodical fathers, as also the Emperors were wont to give notice unto those that were absent, and to the Provinces, of such things as had been determined in them, to the end that they might conform and give their consent unto them; yet so as there can be nothing observed which makes for the See of Rome in particular. This course the Council of Nice useth towards the Church of Alexandria, and the Bishops of Egypt, Lybia, and Pentapolis, Theod. l. 1. c. 9 Marius Victor● l. 2 contr. Art. as is apparent from that Epistle in Theodoret. Victorius testifies that the Nicene Creed was sent over all the world, almost approved of all. The first Council of Ephesus writ in general to all the Provinces, and sent their Canons and Decrees unto them: The Acts of the Council itself do witness it, wherein the letters directed to them upon that occasion are inserted. The Council of Sardis did the like to the Bishops of the whole Church Catholic, whose letters to that effect we may read at this day. C●●●●●ls ●pp●ov●d by C●u●●●ls. The Emperors kept that authority to themselves, principally of sending abroad what had been determined in those Ecumenical Counsels, The●● l. ●. c. 8. Et ●●●●ment. D●i●●lar●●. Th●●●oret. to the intent that every man might become conformable thereunto. The letters of Constantine the Great, directed to all the Provinces of his Empire to that effect, do fully testify as much. And in stead of doing it by their own authority, the Popes will needs say they did it only as executers of their and the Counsels Decrees: wherein they have grossly abused those that have been too credulous towards them. 5 Provincial Counsels took the same course of proceeding, and gave notice one to another of their determinations, and of the Canons and Decrees which they made, to the intent that they might mutually conform one to another. So the Council of a In pro●●●tio C●n● G●ngrensis to. 1 Con●. p. 607. Gangra in Cappadocia did to the Bishops of Armenia; So that of b In ges●is Conc. A 〈…〉 p●in●ip. tom. 1. ●●n● p. 7●●. Aquileia to the Bishops of the Provinces of Arles●nd ●nd Narbon: So that of c In ●●●tis ●o●c. 〈◊〉 to. 2. Co●●. Valentia to the rest of the Bishops of Gaul, and the Clergy and people of Friuli: So the third of d In g●●tis Con. 〈◊〉 to. 1. 〈◊〉. Carthage to the Bishops of Numidia, Mauritania, and Tripoli. Pope e 〈◊〉. ● Syri●i● P●p●● 〈…〉 res●r●p●. ●●isc. Synod. T●ll●ns. qu● ex●●nt in Act eju●dem. Synod. to. 1. Con. p. 745. Syricius after he had held a Council at Rome of eighty Bishops, took the very same course, in acquainting the Bishops of Africa, with the resolutions of it, as also another Council holden at the same time at Telense, formerly a city of Italy. Pope Damasus with other Bishops Synodically assembled at Rome f Theo●. l. 2. c. 22 C●nc. ●●rel●ten 1. to. C●n●. p. ●●●. Prospero in thro'. ann. 420. acquaint the Bishops of Illyrium with the resolution they had taken for rejection of the Council of Ariminum. 6 On th' other side, the Council of Arles holden under Constantine the Great doth the like to Pope Sylvester. But to the end that such as ascribe unto him authority over Counsels, may not wrest it to their advantage: I will set down the very words as they are recorded at the beginning of the Council, To their holy brother Sylvester, Marinus, or the assembly of Bishops that was in the City of Arles, greeting. We signify unto you of our charity, what we by common counsel have decreed, to the end that all men may know what they ought to observe for the future. There is an ancient Chronicler that relates how when there was a Council holden at Carthage of two hundred and sixteen Bishops, the Synodical Decrees thereof were brought to Pope Zozimus, where being approved, the Pelagian heresy was condemned all the world over. The Pope hath not yet gained any thing by all this. There is nothing for him in particular; but here's it which is presupposed, namely that the authorising of the Canons and Decrees belongs unto him alone, exclusively to all others. Let us evidence the contrary. l● a●versus A●ri●n. 7 Victorinus testifies, that when the determination of the Council of Nice was sent every where, it was approved of by an infinite number of Bishops. The Council of Nice was approved by the third of Carthage, Con●. ●a●thag. ●. l. 1 Conc. p. 749. in the Acts whereof it is said That the confession of faith made by the Council of Nice, was rehearsed and confirmed. The same was done at the second of Constantinople, In princip. Con. Constant 2. l. 2. Condil. p. 669. Afterwards they confirmed the Council of Nice: So the Acts. The first of Toledo used the like confirmation; as did also the sixth of Carthage; as appears by the first and seventh chapters of it. Athanasius speaking of the Council of Sardis, saith, In prin●ip. Conc. 1. T●letan● to. 1. Conc. Athanas. apol 2 These things being set down in writing, the holy Council of Sardis sent them unto those which could not be there present, who by their suffrages also approved the Decrees of the Synod. It is good reason the Pope should contribute his authority aswell as others, and that he be not in a worse state than others. Pope Sylvester the first in his Synod at Rome, In princip. Con● Rom. 1. to. 1. Co●●●. 543. confirmed and approved all that was decreed at the Council of Nice. Pope Hilary used the like approbation in another Council holden under him at Rome. Con● R●m. 3. in prin●. to 2. Con●● 412. Yea further, he approved the holy Scriptures and commandments contained in them. Counsels confirmed by Emperors. Nay which is more, all the Popes were wont at that time presently upon their creation to publish a profession of their faith, and say their Creed according to a certain form composed for them, a piece whereof we yet read in Gratian'ss Decree, wherein they approved the eight General Counsels, Can. Sancta● Dist. 16. and promised to keep and observe them. There were other articles in that form, as the addition made by the authority of Gregory the thirteenth, doth show. And it is probable they spoke of the Scriptures contained in the Old and New Testament: yet will we not affirm though, that they took their authority from that approbation. We shall observe by the way, as a privilege of our Kings, that the Popes, presently after their preferment to the Popedom, were anciently accustomed to send that profession of their faith unto them: V. ●artic. 2. des libertes de ●egglis Gallic. and it is to be had to this day amongst the records of the King's Treasurer under the name Benedictus, as some of our French authors do affirm. 8 From all these passages we conclude, that the confirmation of the Canons and Decrees of Counsels, which the Pope pretends to belong to him, is of no more force and energy than that of other Bishops; unless they will ple●● this reason, that the Pope had power to reject them, and that those which he rejected were accounted for illegitimate. Theod. l. 2. c. 22. So Damasus reprobated the Council of Ariminum, and gave the Bishops of Illyrium notice of that his rejection, to which they conformed themselves: but here it must be observed, that this reprobation was made by the Council of Rome, and not by the Pope alone: and that the Council of Ariminum was generally condemned by all, forasmuch as it confirmed arianism 9 I shall willingly grant that the Pope, upon good grounds, might disallow a Council, and reject it of himself alone; ●ut it must be granted unto me likewise that it was lawful for others to do the like. The Council of Tyre having unjustly condemned Athanasius, the Emperor Constantine writ some sharp letters to them, and commanded the Bishops of that Council (who were then removed to jerusalem) to come to Constantinople, to render a reason of their fact, and to justify their sentence. Sozomen. l. 2. c. 27. Saint Hilary rejected the Council of Milan, and writ against it. Athanasius writes of the Emperor Constantius that he served himself with the colour of a Council to condemn him, but that in very deed it was himself that gave the judgement against him. He condemns such a Council as unlawful and unjust. This very reason do we urge against the Council of Trent. We say it was but a Pope dressed up in mummery, and which carried the name of a Council: that he hath taken too much power upon him in making the validity of Counsels to depend merely upon his authority. Nay we say yet further, that Emperors and Kings have far more authority than he in the confirmation and approbation of Counsels, which we shall make evident by some examples. 10 Eusebius in the life of Constantine witnesseth that he confirmed the Council of Nice. Extat haec Epist. in libello ●ynodat. Consti●. The Bishops of the second General Council write to the Emperor Theodosius on this wise: We desire your clemency that you by your letters would confirm the Decrees of the Council, and command that it be ratified and established. In the first Action of that of Chalcedon it is said, V. Conc. Chalc. Act. 1. & 3. to. 2. Conc. The Emperor Theodosius confirmed all that was decreed by the holy and General Council. And in the third Action the Emperor Martian said, We confirm the reverend Synod by the sacred Edict of our serenity. Pope Leo acknowledged that this kind of approbation belonged to the Emperor; for being displeased with the second Council of Ephesus, to take order that it might not be approved by the Emperor Theodosius, he and all his Synod of Rome writ to him about it. Epist. 23. ad Theodosium Impera●. Both I and all the rest of the Bishop my Colleagues do beseech you (most Christian & venerable Emperor) to command that all things remain in the same state they were in before the holding of the Council, Councils confirmed by Emperors. and the judgement there passed to be suspended, till such time as a great number of Clergymen may be assembled from all parts of the world. And in another place, Idem in cadem epist. ubi de cadem ●yn●d. Ephes' 2. Vt. etiam epist. 24. ad P●●●her. Augu●●am. ●eo Epist. 58. All the Clergy entreat you with sighs and tears, that, considering those who were sent thither by us did faithfully oppose themselves against it, and that Bishop Flavianus put in his appeal from it, you would command a General Council to be kept in Italy. The same Leo writ to the rest of the Bishops in commendation of the Council of Chalcedon, to the end that they should receive it as legitimate; but it was, as he himself confesseth, by command from the Emperor Martian. 11 The Emperor Constantius prescribed the form which they should go by, and the points which they should treat upon, to the Counsels of Ariminum and Seleucia, and commanded them by his letters. ●ozom. l. 4 c. 16. That so soon as they had passed sentence commanded them that ten of each Council should come to the Court to inform him of their proceedings. Wherein he was obeyed by them. Theodosius and Valentinian commanded the Ecumenical Council of Ephesus to send some of the Bishops unto them to acquaint them with the causes and motives of their deliberations, which was done accordingly, as appears by the letters of the Council to those Emperors. ●elatio Synodi Ephesinae quae extat to. 1. Conc. Your piety being moved by our prayers (say those good Fathers) hath commanded that this General Council should send unto you some of the Bishops and Religious, to lay open all the causes and motives in your presence: whereupon, after thanks to God, we have chosen out Arcadius, luvenal, Flavian, Firmus, Theodotus, and Acatius Bishops, Euoptius and Philippicus Priests and delegates for Celestine Bishop of the See Apostolic of great Rome, whom we commend unto your sanctity, desiring you to hear them graciously. 12 After the second Council of Nice, called the seventh General, was ended, Those who had been at the celebration of it (saith Zonaras in the third Tome of his Annals) repairing to the City of Constantinople, they rehearsed the Acts of the Council in the Imperial Palace, the Emperor's presiding there in the face of the whole world, which were approved and subscribed by the same Emperors. Theod. l. 5. c. 8. We read also that the Emperors did publish and promulgate the Canons and Decrees of Counsels: that they sent out proclamations concerning them: that they dispersed them through the provinces to cause them to be observed, with commination of penalties: yea they directed them to the Popes themselves. Act. 3. Concil. Chalced to. 1. Concil. There are two several Edicts of the Emperor's Valentinian and Martian extant in the third Act of the Council of Chalcedon, whereby that Council is confirmed. 13 We have some pregnant examples in our Realm of France in case of such confirmations, such were constantly reserved to our Princes by the Counsels there kept. The first of Orleans address their Decrees to King Clovis, with this recommendation, Conc. Aurelian. ●. to. ●. Conc. pa. 510. If the things which we have ordained be approved and found good by your judgement, the resolution of so many reverend Bishops as are here, is, that the authority and consent of so great a King as you are be preserved. The fourth of Arles holden under Charles the great, breaks off with this conclusion: Conc. Arelat. 4. To. 3. Concil. p. 679. We have briefly touched what we thought worthy of reformation, with a purpose of presenting unto the Emperor what we have done about it; desiring his clemency that if ought be found defective it may be supplied by his wisdom; and what shall be amiss may be amended by his judgement, and what shall be found to be well done may be confirmed and perfected by his assistance. 14 The third of Tours, holden under the same Emperor in the same year makes this preface: council. Turon. ● ●o 3. Conc. pag. 682. We have distinctly divided into chapters certain points which we thought pertinent to so great a work, and to stand in need of reformation; following therein the canonical order, that we might show them to our most renowned Emperor. Emper●u●●s ●nd Kings confirm Counsels. The second of Cavaillon holden under the same Emperor, saith in the preface. We have observed certain points and chapters to be presented to the Emperor himself, and referred to his most sacred judgement; Conc Cabillonens in prin. To. 3. Conc pa. 686. to the intent that by his prudent examination those things may be confirmed, which we with good reason have determined. The first of Mentz saith to the same Emperor, That your Imperial dignity would command such things to be corrected as stand in need of correction. And they had said before, Concil. ●ogunt. 1 To. ●. Conc. in prae●at p. 694. Synod M●gunt. 2● in fin. To. ●. Concil. p 838. That the chapters by us collected may be confirmed by your authority. The second of Mentz, holden in the year eight hundred thirty four, concludes with these words directed to Lewes the Gentle, We desire that these resolutions which are sent unto you, may be confirmed by your authority. An ancient Historian gives this testimony of the third of Mentz, holden under the same Prince, annal incerti author. ●pud scriptores cooetaneos Pithoei. They treated of Ecclesiastical questions (saith he, speaking of the Bishops of that Council) but the King being employed in public affaires● and composing differences among the Princes and Governors of Provinces, returned to Bavaria, after he had approved the Synodical acts, which were referred to his judgement. 15 In all this it is to be observed, that in none of these Counsels was it ever consulted about requiring of t●e Pope's approbation, nor his consent in any thing whatsoever; which is much different from the manner of proceeding in that Council which we reject. Histoire de Rheins l. 3. c. 9 Only we read that a certain Bishop of Rheims sent the acts of a Synod holden at Soissons to be confirmed by Pope Bennet, who succeeded Leo. But withal that he did not do it by any decree of the Council: and this example is not so much worth against so many to the contrary. And it is so far from truth, that the Pope's confirmation was ever required to the Ecclesiastical laws of France, that on the contrary the Popes themselves have received them, as we prove elsewhere. Conc. Aquisgr. in fine to. 3. council. p. 864. The Council of Aix holden in the year 837, entreat King Pepin To take their act in good part. There are diverse others which do the like. 16 There are some also extant whose decrees are conceived in the name of our Kings, whom the Counsels bring in speaking, that they may be of more force: which denotes the great authority of our Kings over Counsels. Such are the decrees of the Council of Soissons, holden under Pepin in the year 744. Such those of Francfort under Charles the Great, about the condemnation of images, and the Felician heresy. Such are those of the Synod of Pistis upon the Seyne, holden by Charles the Bald. Such the Pragmatique Sanction of Charles the seventh, which is nothing else but the Decrees and Determinations of the Council of Bourges, and diverse others. A REVIEW OF THE COUNCIL OF TRENT. BOOK IU. CHAP. I. That the Council of Trent advanceth the Pope's authority above the authority of Counsels. IT is not said in express terms by the Decrees of the Council of Trent, That the Pope is above a Council; yet it is such an easy matter to see that this was the intention of those fathers, that there is no reason to make any scruple of it. So they which now adays plead the Pope's cause, build their main arguments upon it; to whom by the way we shall take leave to make some resistance, in defence of the Gallicane Church, and indeed of the liberty of all Christians. See here's then the means whereby the Pope is authorised by them to be above a Council. 2 First of all, inasmuch as the Bishops there present suffered and approved the Pope to use absolute prohibitions against them, and that with commination of punishments and penalties; and that of his own authority he commanded his Legates to remove the Council, without ever making any mention in his Bulls of ask their advice, but rather of mulcting them in case they should refuse so to do. Tren● C●●●c●l ●i●●s Pope's authority ●bove Co●●●●l●. We have already transcribed in the chapter of the convocation of Counsels, that passage wherein these things are contained. 3 In next place, Because the authority of the Pope is by this Council in all things reserved: which is as much as to say, is preferred above the Decrees of the Council, so as he may change and alter them at his pleasure. In the second Decree of the sixth Session, it is said, The same holy Council, the same Legates there presiding, intending to prosecute the business in hand touching reformation and residence, hath resolved that it be ordained as followeth, saving always in all things the authority of the holy See Apostolic. And in the 21 chapter of the last Session; Finally the holy Council declares, that in all and every thing which hath been ordained in this holy Council touching reformation of manners, and Ecclesiastical discipline, under what clauses and words soever expressed, as w●ll under Pope Paul the third, and julius the third, as under the most blessed Pius the fourth, they were so ordained and decreed, as that the authority of the holy See Apostolic is and must always be understood to be reserved. S●ss. ul●. c. 5. 4 In the third place, Because they give unto him power to declare, interpret, and resolve all doubts, and difficulties, which shall arise about the Canons and Decrees of the Council in such manner as he shall think good. Sess. ult. c. ult. 5 Fourthly, Because in the conclusion of the Council they desire a confirmation from the Pope of all and every such things as were there by them ordained an● determined. S●ss ult ●. 2. 6 Fift●ly, Because they decreed that Provincial Counsels shall promise and make protestation of true obedience to the Pope. 7 Sixthly, Because the Pope, during the time of the Council, did and exercised what of right belonged to the Council, and not to him: as the creation of Cardinals, the according of Princes, and other things of like nature 8 Seventhly, Because the Pope took authority upon him in the very Council: As when the question was about the controversy betwixt the Kings of France and Spain. 9 Eighthly, Because they permitted, yea approved the ordinance of Pius the fourth: That if the Pope chance to die during the time of the Council, the election of another belongs to the Cardinals. 10 Ninthly, Because it confirmed all Papal constitutions in general; and consequently that of Leo the tenth, wherein he disalloweth the Pragmatique Sanction, and declares the Pope to be above a Council. 11 Tenthly, Because they suffered, that the Popes which reigned during the time that they were assembled together in Council, inserted in the faculties of their Legates; namely the power of derogating from General Counsels. 12 And lastly, Because they treated and resolved upon nothing in that Council, till such time as they had sent to seek the the holy Ghost at Rome, and had consulted the Pope's oracle, as we said already in another place. Hence than we with good consequence conclude, that they gave the Pope's authority over Counsels: which was never done before, save only in the Lateran Conventicle: and it will never appear that the former Counsels gave any such advantages to the Popes in any of these cases here specified. 13 For the first, it was never heard of before, that Popes took upon them to mulct Counsels: to command them in an imperious way. Eugenius the fou●●h commanded indeed the translation of the Council of Basil, but in milder terms, and yet he was not obeyed in it. This was one of the questions discussed and resolved at the Council of Basil, That the Pope of his own authority cannot dissolve, nor transfer, nor protract o General Council lawfully assembled, without its consent. Pope's have no right to transfer Councils. This very resolution was received and approved in France by the confirmation of the Council of Basil, made at the Synod of Bo●rges; as may be seen in the Pragmatique Sanction of King Charles the seventh, wherein that Decree is inserted word for word. If we look up to the ancient times, it is certain that the translation, prorogation, and dissolution of Counsels belonged to the same to whom the Convocation: Now the Convocation (as we have showed) was made by Emperor's an● Princes; therefore it belonged to them also to translate them when they thought sit, without any injunction from any man in this matter. 14 It will be said perhaps that the translation of this Council from Trent to Bonony, by virtue of the Pope's Bull, was avowed by the Council. It is true; but here we must take notice of two things: First, that when the Pope commanded that removal, he did not put into it any saving or reservation of the good will of the Councell● which ought to have been done according to the Council of Basil. The second, that the Bishops indeed which were there did deliberate upon this translation, but it was to conform themselves to the Pope's command: for say they, ●ess●o 9 The Authority also of the holy See Apostolique● unto the said most reverend Precedents in more special manner granted intervening. They were very fearful of doing otherwise, and swarving the least jot from his pleasure, considering those comminations whereof we have spoken already. Nay besides all this, in bringing of it back again from Bonony to Trent by the only authority of julius the third, there was not any deliberation at all about it in the Council; howbeit that Bull contains some as peremptory clauses as the former; as for example this which follows; julius' the ●hi●d● Bull pu● 〈◊〉 ●he end of the te●th Session. Decreeing notwithstanding that if ought be attempted to the contrary hereof by any person whatsoever, by any authority whatsoever, it to be void and of no effect. Let it not therefore be lawful for any man to infringe, or in a temerarious boldness to oppose this Chart of these our present exhortation, desire, admonition, ordinance, declaration, innovation, will and decrees. By virtue of this Bull those Reverend fathers returned from Bonony to Trent, without ever finding fault with that clause which aimed directly at them: yea without ever giving their voices, or consulting about this second translation; but only about the resumption and continuation of the Council after they were returned to Trent: add hereto that the Pope saith in that Bull, that he decrees this translation of his full power, and with the advice of the Cardinals, making no mention at all of the Fathers of the Council in this respect. 15 Shall we now say this was a free Council, and that it had authority over the Pope, being so rudely curbed and checked by him, and that in such harsh terms? All which (as this is it betrays the naked truth of their intention) are registered in the Acts of the Council. Now all these forementioned clauses deserve to be paralleled with those in the Bull of Eugenius the fourth, whereby he decreed the translation of the Council of Basil, and which raised such a deal of tragedies, to the confusion of that great Pope, to see if there be any thing in it, wherewith those fathers of Basil might be more justly offended than ours of Trent were. That Pope had ordained that the Council should be transferred from Basil to Bonony, and afterwards that it should continue at Basil, with all respect and reverence unto it, and without any haughty speeches; as appears by his Bull of the year one thousand four hundred thirty one, which is extant in the Acts of that Council, Session the first. Notwithstanding that translation, and without any regard of it the Council held on at Basil: yea and meddled with business without waiting for the arrival of the Pope's Legat. And (to the intent the Pope might have no stomach to transfer, or dissolve the Council at his pleasure) it confirmed the Decree of the Council of Constance, Eugenius paralleled with Trent-popes'. wherein it is said in downright terms, That a Council is above the Pope; and this was done in the second Session. The next year after when the Council had notice of the Pope's intention, which was to dissolve the Council by means of this translation, they sent to entreat him that he would not do it, and at the very same time fixed upon this resolution, not to suffer it: this was consulted upon the same year, one thousand four hundred thirty two, as the Acts relate it in the fourth Session. Upon this reason Eugenius by his Bull dated in August, one thousand four hundred thirty three, after he hath told how he translated the Council from Basil to Bonony, and how he afterwards ordained that it should be continued in the same City of Basil under the Presidence of his Legate, and also of the disrespect of that Council towards him, who had held their Session without his Legate, and in contempt of the translation; hereupon he sent out a Bull, which is not in any thing more presumptuous than those of julius the third, and Pius the fourth, about the translation of the Council of Trent. We will here set down the very words, that so the comparison may be more easy. 16 Of our full power Apostolical we abrogate and annul, and decree ●hat whatsoever hath been enacted, declared and ordained by the Council of Basil against us our Laws and liberties, and of the See Apostolic, be invalid and of no effect. Forbidding all Christians to obey or give ear to such decrees, ordinances, commandments and proceedings: declaring that no man is tied by any bond of oath, promise, or compact made with them, of what estate, degree, or eminence soever he be: and whether he be of dignity Imperial, Royal, Cardinal, or whatsoever else Ecclesiastical or Civil. Let it not then be lawful for any person to infringe, or in a temerarious boldness to oppose this our declaration, ordinance, will, command, cassation, abrogation, and prohibition. 17 Let us now examine all these clauses. I. First of all he declares that he proceeds therein with full power Apostolic. Paul the third saith in his Bull dated in March 1544, Out of our own proper motion and full power Apostolic. II. Secondly, he casseth and declareth, that what was done by the Council of Basil in prejudice of his authority, is a nullity. Pope julius the third● in his Bull of the 15 of December, saith, We decree notwithstanding that if any person whatsoever by any authoritiy whatsoever, do attempt any thing to the contrary, it shall be void and of no effect. III. He forbids all persons to oppose his Bull out of temerarious boldness. Hear julius in his upon that point, Let it not therefore be lawful for any man in the world to infringe this present Chart, or out of a temerarious boldness to oppose it. And here is all that can be said out of Pope Eugenius his Bull to the Council of Basil. But this is not all of Pope Paul's to the Council of Trent. For behold he hath yet more, inasmuch as he commands his Legates, To remove the Council of Trent to what other place they please; to suppress and dissolve it in the said City of Trent: and to forbid the Prelates and other persons of that Council to proceed any further at the said Trent, upon pain of Ecclesiastical censures and punishments. This might well have sufficed, but to make up the upshot, see yet more: To summon the said Prelates and other persons of that Council unto that City whither it sha●l he adjourned, upon pain of perjury, and other punishments expressed in the letters of Convocation. This clause is so newfangle, that the Popes never used it to any Council before. Yet nevertheless poor Eugenius because he conceived such an enterprise was declared an heretic by the Council of Basil, and deposed from his Popedom. Whereas these on the contrary have won the day, and triumphed over the Council, over Emperors, and Princes, yea indeed over all Christendom. These denouncing of punishments are formally against the Decrees of the Counsels of Constance, Basil, and Pisa, whereby it is said, That the Pope hath no power to transfer a Council without its approbation. Which notwithstanding the foresaid Popes did by their Bull's abovementioned. Council of B●●● above the P●●●s authority. 18 It is said another decree of the Council of Basil, That the Pope hath no presidence either coercitive or authoritative above a Council, as they phrase it, Sess 17. Conc. Basil. that is, none which gives him any authority over it. Which Decree was made with great and mature deliberation, after they had spent a long time in the search of books and some Canons, and had employed the most learned men about it. 19 The Cardinals that called the second Council of Pisa made a complaint to the other Cardinals that were near to julius the second, because they had consented that they should be summoned with Ecclesiastical censures to another place to keep the Council. Vid. Responsionem da●am Epis● po Al●●and. Nuncio Collegie Cardina●●●●● Roma ex●slentis ● Card●●●libus Conci ium Pisanum indicentibus, apud Acta C●ncilii Pisani 2. We were highly displeased that you should yield your consent, or give your advice (if that be so) to such grievous admonitions and censures as are said to be pronounced against us, and that namely summoning us by censures to a place which is notoriously suspected to us. Yet nothing was done for all this, for they let the Pope hold his Council of Lateran at Rome, while they celebrated their o●her at Pisa. 20 The Council of Basil used another manner of language to Eugenius the fourth. Let us hear what Platina saith of it. Eugenio●. Then the Pope being distracted with a doubtful care because he was pressed with wars on every side● and saw the Council of Basill, which was formerly begun by Pope Martin's Decree, to increase every day, the Kings of Spain, France, Germany, and Poland s●ocking thither, as referring the common cause of the Christian Commonwealth to the Counsels arbitrement resolving with himself to break off the Council, he transferred it first from Basil to Bonony with the consent of all the Cardinals that were with him. But the Emperor and the rest of the Princes and Prelates then at Basil did not only disobey him, but admonished him two or three times to come with the Cardinals to Basil, the proper place for the holding of the Council, and which had been pitched upon by Pope Martin, otherwise they would proceed against him as a prevaricator and contumacious person. Eugenius being moved with these words, confirmed the Council of Basil by his Apostolical letters, giving every one leave to go thither. But all this which he relates doth appear yet more plainly by the reading of the Acts of that Council, to which I refer the Reader. 21 As for the Pope's authority, which is always reserved in all the Decrees of this Council, it is as extraordinary a clause as can be imagined. I confess there was always a great deal of honour given to this See of Rome in consideration it was the chief City of the Empire: but to make such a reservation of his authority was a thing unusual and unknown. 22 When the question was about condemning the Felician heresy, Ai●oniu● lib. 5. because the author of it had been formerly sent to Adrian the first, and convicted in his presence, therefore the Council of Francford being to excommunicate the Bishops of Spain, did him so much honour as to make an express reservation of Pope Adrians' privilege. Which is no general privilege comprehending any authority over Counsels: but only a prerogative in that point which concerned the Bishop's condemnation, to the intent that the process might be revised by his authority, according to the Decree of the Council of Sardis. So likewise the first Council of Ephesus did Pope Celestine the honour to refer john Bishop of Antioch his cause to his judgement, and that for the reason which we elsewhere relate. But all this was done out of a prerogative of honour, not out of any acknowledgement of the Pope's superiority over a Council: for it can never be found that other Counsels reserved the Pope's authority over their Decrees. 23 Besides, this is a way to bring a tyranny into the Church, seeing he that should have such an unlimited power not subject to any control or reproof, Trent Council subject themselves to the Pope unjustly. might alter and change all things concerning manners and Ecclesiastical discipline, might lead all the world in a string, and have them under his lash; might hook into his own hands the election, deposition, and judgement of all Clergymen: in a word, this is put all in his hands. There was no need of staying such a while at Trent to make up so many Decrees, if they must afterwards send them to the Pope to cancel. For it is well known he dispenseth with them sufficiently himself, so as there is no necessity of enlarging his power any further. They might have done better to have referred all to his discretion at first, to clip and stitch them up at his pleasure. The expenses of so many armies might have been spared. But see here a thing worth your observation: All the Princes and people of Christendom groan after a reformation of the Church: cry out that it must begin at the head, & from thence descend to the members: The instructions given to the Ambassadors of the Emperor, the King of France, and all Germany are charged with it. Pope Adrian confesseth it by his Legate in the Diet of Noremberg. And yet for all this in stead of a pastoral staff which he had before, they give him a club, a two edged sword. In stead of reforming the abuses, they foment them: in stead of extirpating them, they increase them. Let us now prosecute the other points. 24 The Council refers the exposition and declaration of such doubts and controversies as may arise about it solely and wholly to the Pope. Whereupon we reply, that if they be petty doubts they should as well be resolved by other Bishops as by him, seeing they are all expositors of God's law, which hath at least as much authority as the Council of Trent. And therefore by consequent the Council of Trent derogates from their authority, in ascribing that to the Pope alone which belongs unto them all. But if there be some great controversy in question, the definition of it belongs to a Council. These Fathers knew it well enough, when they said that the Pope might provide for it by holding of a Council: Condil. Constan●ien. Sess. 39 but the sting and venom is in the tail, or by any other way as shall seem to him to be most convenient. The Counsels of Constance and Basil did not use the matter so, but piously ordained that from thence forwards General Counsels should be holden from ten years to ten years. In which they were approved by the Pragmatique Sanction of Bourges. This is the true means of expounding doubts, of weeding out heresies, of tilling the Lords field, as it is said in those Counsels. 25 This keeping of Counsels every ten years was found so necessary, that the Pope was forbid to prolong the time, howbeit power was given him upon just cause to abridge it. Our Trent Fathers were of another opinion: having this conceit that the Popes are much enamoured of Counsels, in these times especially when it is lawful for them to do any thing, they have l●ft it to their discretion to call them when they shall think good. What I pray? give a child a rod to whip himself when he list with. They have no lust to procure them, although by this of Trent they are declared masters over them, whereas by others they were but servants to them. They are too apprehensive of the return of tho●e former times. Let a man but consider the mystery of that of Trent: five and twenty years must they pause upon the calling of it, and spend eighteen years in the holding of it. Why all this? if not to choose the times and seasons of purpose to dispose persons to their desire, to alter their minds, to break off the good designs of such as laboured a reformation, to employ them upon business, to stir up troubles, and put all things in commotion, that so they might reign more powerfully, and bring all things under their Empire? ●ib 3. Cap. 14. 26 As for the approbation of it which was demanded at the Pope's hands, we have spoke so fully of it in another place, that there is no need of adding any more to it. We shall only say that those Fathers did merely befool themselves in their mystery, Provincial synods not subjects to th● Pop●. by ordaining that the Pope should confirm that which himself had made, either at Rome from whence he sent the Canons and Decrees ready made to their hands; or at Trent, where he presided by his Legates. But this was to make it appear to every man that all depends upon him alone, and that the rest of the world is but his footstool. 27 As for the oath of true obedience to the Pope, to which Provincial Synods are submitted by this very Council, we say likewise that it is an unusual thing, yea unknown in former Counsels: which were so far from taking an oath of obedience to the Pope, that on the contrary they opposed him when he outrayed from his duty; and made him know that every one of the Bishops, of whom they consisted, was as good a man as he, saving his patriarchal dignity, which is common to him with others of the same Order. Hear what the Bishops of the Synod of Metz say to Pope Nicholas who had excommunicated them. Annal●● in●erti auth●● 〈◊〉 scriptures cooetin●●s 〈…〉 Avertin●● l. 4. ●●st. 〈◊〉. We see thine anger and thy swelling power. We do not yield an inch either to thee or to thy pride; and we will make thee know we are none of thy Clerks, as thou boastest thyself, and art proud of it; seeing that if thy passion would suffer thee, thou should acknowledge us for thy brethren and fellow Bishops. But we shall handle all that can be said to this point in the gen●rall question, Whether the Pope be above a Council. We will only add here, that this obedience is of a new stamp: and to be full assured of its novelty we need but read the Counsels holden in former times, where we shall find no such thing. That of Basil speaks at large of provincial Synods in the fifteenth Session, and prescribes them a form which they shall observe, and sets down what they shall do. But it hath quite forgot this clause of obedience. 28 It is also a thing notorious, that the Popes proceeded to the creation of a great number of Cardinals during the time of the celebration of the Council. Onuphrius testifies that Pius the fourth in four elections which he made created full forty six before the end of this Council. Onuphrius Panu●nus in addit. ad Pl●●inam. l● 〈◊〉 4. Now by that of Basil in the fourth Session, the Pope is forbid to create any Cardinals during the time of the Councell● The holy Council ordains by this irrefragable Decree, that during the time of this sacred Council, the Pope of Rome, absent in person from the place of this Sacred Council, nor ought nor can prefer any man of what quality soever to the dignity of Cardinal, by any means or upon any pretence whatsoever. 29 That which we urge touching the according of Christian Princes is not causeless: it is one of the functions belonging to Counsels to appease the quarrels and controversies amongst them. The Council of Basil saith it was assembled For the extirpation of errors and heresies: 〈…〉 Basil Sess 2. for the reformation of manners in the head and members; and for the pacification of Kings and Kingdoms, and all other Christians. Now it was evident that during the time of the celebration of this Council, all Christendom was up in arms: the Popes were observed to make commotions, to kindle wars and sound an alarm, I say not against those that were departed from his obedience, but even against Catholic Princes. Henry the second, King of France, may serve for instance. And when the Pope pleased agreements were made. All this while our Council never said a word to it, but like a snail drew in its horns, and among all these tempests remained close shut up in its shell, not daring show itself in such dainty affairs: letting all things pass as if it had no interest in them: as if it had been the blood of Barbarians which was shed, and not of the members of Christ. When there arose a controversy in the Council betwixt the Ambassadors of France and Spain about precedency, our Council continuing in its accustomed silence, suffered the Pope to interpose in it, and to negotiate the accord, after he had fomented the quarrel. In brief, we may fitly say this Council was nothing but a white wall upon which the Pope might write what he list: Pope's elected by Counsels. that it moved only by him; that it was a Pope Council, that is, a Council in name, but a Pope in deed. 30 As for the authority which we say the Pope took upon him over the Council, it appears in that commandment which came from him for censing the Ambassadors of the two Kings both at once, which was an occasion of dissension: witness Onuphrius, who saith, Onuphrius Panuinus in Pio 4. in addition. ad Platinam. There was a great controversy by reason that by command from the Pope the Ambassadors of the two Princes were both censed at once. 31 But lo here that which outgoes all the rest I namely, that Pius the 4 ordained by a Bull of his, P●●●. That if the Pope happened to dye during the time of the celebration of a Council, the election of a new Pope shall belong to the Cardinals only, and not to the Council. Which Bull (saith the same Onuphrius) was confirmed and approved by all the Fathers of this Council. Besides, if they had not done so in express terms, the general Decree would have been sufficient for it● whereby they have authorized all the Pope's Canons and Decrees, and beside have in express words advanced the Pope above the Council in all things, and to all effects and purposes. Now the Pope having made this Decree during the time the Council sat, and the Council having admitted of it, we may well conclude that it hath resigned its power to the Pope, and hath advanced him above itself. 32 Now that the Election of the Pope belongs to the Council, is clear by that of Constance in the fourteenth Session. The holy General Council of Constance ordaineth that the next election of a Pope of Rome shall be performed in such manner, form, place and time as shall be appointed by the sacred Synod: and that the said Council may for the future qualify, receive and depute such persons as it shall think good, of what estate and condition soever, to make such election active and passive. This Decree was after confirmed by the Council of Basil in the 37 Session. The holy Synod ordains that if the See Apostolic happen to be void while this holy General Council sits, the election of the Pope shall be in this place, forbidding it to be done in any other. 33 It is true the Council of Constance gives the Cardinals leave to proceed to the election: but that was always with authority from the Council. So saith the Abbot of Panormo in express terms. In capit. licet. De electione. disput. 2. To avoid dissension it was obtained of the Council of Constance that the said Council should for that time transfer their right upon the College of Cardinals. The same Council of Constance speaks thus of it in the forty fifth Session's The holy General Council of Constance, in execution of their Ordinance, Decree, and Constitution, touching the form of electing the Pope of Rome for this turn, to proceed to the said election, hath joined to the right Reverend Cardinals, with their express will and consent, the Reverend Patriarches of Constantinople, &c, There are thirty there nominated to proceed to the said election with the Cardinals. Which was done at that time with their consent, to avoid trouble, by reason of their great power. And that this was the reason doth plainly appear by that which was done afterwards in the like case at the Council of Basil, which gave the Cardinals no such power, but made choice of other persons to proceed to the same election without their consent. For see what they say of it in the thirty seventh Session. The said Council doth ordain and declare that the election of a Pope shall for this turn be executed and performed by this Sacred Council of Basil, or at least by its authority, according to the form already set down. Now the form was this: that the Cardinals which are or shall be may assist accidentally at the said election, with two and thirty other ecclesiastics of all Orders, always provided that they be Subdeacons' at least: Not by their own proper authority, but by that of the Council, as it is said in these words, Pope's elected by Counsels. That they have free power to choose a Pope by the authority of this Council. 34 Besides, it was not questioned in the Council there, Whether the power of choosing a Pope belonged to the Council during the time of its celebration: but only whether the Council could depose the Pope, as we find it in the Acts of that Council, collected by AEneas Silvius, afterwards called Pope Pius the second: which teacheth us further,, that the consent of the Cardinals was no way necessary, but only granted to them in a compliment. The Father's thought it requisite (saith he) to take the election of a Pope into consideration, ●●d the chief of them having consulted about the manner of proceeding, it was proposed and at last agreed upon in full assmbly, that two and thirty Fathers, who had taken the Orders of Deacon should be selected out of the body of the Council, who having first taken their oaths, should enter into the Conclave with the Cardinal of Arles to choose the Pope. This being thus determined by these two Counsels, it is needless to urge the authority of Doctors and Divines; as of james Almain in his lecture De potestate Ecclesiastica: Mr. john Gerson Chancellor of the University of Paris, in his tract De potestate Ecclesiae, and his other De substractione Papae erga Ecclesiam: and others which hold in terminis, that during the celebration of a Council it belongs to it, and not to the Cardinals, to proceed to the election of a new Pope, in case the See become void. We shall only say that this is so, because it is the Council which gave the Cardinals this power of choosing the Pope; to wit that of Lions and that other of Vienna: and therefore if there be one assembled when the See falls void, it belongs to it only to proceed to the election, or to depute such a● they shall think good to do so. Now the Council of Trent having diverse times suffered them to usurp this right of election, it must needs be confessed that it had not the force and authority of an Ecumenical Council. 35 Pope Leo's Constitution made at the Council of Lateran, whereby he derogates from the Council of Basil and the Pragmatique Sanction (as concerning the authority of a Council above the Pope) is also notoriously known to every body: whereof we shall speak towards the end of this Treatise. 36 And for the faculties of the Pope's Legates to dispense with Counsels, this is proved by those granted by julius the third to Cardinal Saint Marti● de Montibus, in the year 1551. and to Cardinal Saint George de Vitulo aureo, the year 1553. by Paul the third to Cardinal Caraffa, the year 1556. and to Cardinal Trivultio, the year 1558. by Pius the fourth to the Cardinal of Ferrara in the year 1561, all Legates in France. We find this clause in all these faculties, To oppose the gainsayings of General Counsels, and to derogate from them. CHAP. II. That Popes are not above Counsels. The Pope is not the Church 1 TO make some of the injustice of this usurpation and ascribing too much to the Pope appear more plainly, we will make it evident by authentic proofs that the Pope hath no power over a Council. We shall content ourselves with touching upon the most pregnant reasons, yea and to omit such of them too as would draw us into over long discourses. Though we had no authority at all to prove that the Pope hath not any jurisdiction nor command over a Councell● reason alone were sufficient to lead us to this persuasion. Granting that to be true which is disputed by some, that the Pope is the ministerial Head of the Church; it is an unusual thing in all companies and congregations (supreme Monarchies only excepted) that the Head should have more power than all the body. He may do much when he is joined with it: but by himself if he do aught which doth not proceed well, it belongs to his body to take order with it, to take him under their cognizance, to judge of his proceedings, and of appeals from him, and such like matters. Otherwise the inconveniences are too great when a ministerial Head hath absolute authority. If he be unjust, perfidious, wicked, corrupt, abominable, impious, tyrannical, inhuman: we must have patience and submit ourselves to all, there being no other remedy, but prayers and tears, to which alone these honest Doctors bid us have recourse. 2 For another reason; what good will it do us to have Counsels hereafter, to what end shall we use them, if they depend entirely upon the Pope's authority? if he alone may alter all in an instant, make new Canons and Decrees, and no body can say to him, Why dost thou so? 3 Lastly, what a misery, or rather what an abuse is this, that the name of the Church should be confined to one man? that so many goodly qualities and prerogatives as are ascribed to it, should agree properly to the Pope● Yea that he himself should be both the bridegroom and the bride? And I desire all good Catholics to take notice of this, and to open their eyes that from henceforth they may discern these illusions. They ascribe unto the Pope both the nature of the Head, and the nature of the Body: they say he is the Bridegroom, and they will have him to be the Bride too. Hear the testimony of Bellarmine concerning this: Bellar. l. 2. the Concil. author. C. 17. All the names (saith he) which are given to Christ in holy Scripture, whereby he is set above the Church, the same are all ascribed to the Pope too. He is called the Head of the body of the Church: He is styled the husband or speuse. See here what he saith in one place● Hear also how he speaks in another place, treating of the same subject, and expounding that passage, out of the eighteenth of St. Matthew, If thy brother have offended thee, tell it unto the Church: being not able to disentangle himself from that which is objected, that those words are directed to St. Peter, and by consequent to the Pope. Bellar● l 2. De Concil. author. 〈◊〉 19● I add (saith he) that the Pope may fulfil this command by a way of his own: first he must reprove him that hath offended, in private; then afterwards before witnesses: lastly, the telling o● it to the Church; that is, the telling of it to himself as Precedent. Pope Gregory confesses himself inf●●●o● to Counsels. O terrible id est! which like a magic spell, showing us the Pope sometimes like a man, sometimes like a woman, makes him an Hermaphrodite. One of the prime expositors of the Canon Law expounded those words thus, Tell it to the Church, that is, to a Council. Archia●iaconus in Ca Praecipne 11 ●. 3. But that opinion is now cashiered. We do not live in those times wherein they spoke on that fashion: these are the nowadays terms of heretics; and such as are more dangerous. 4 I know very well the word Church hath reference sometimes to the Pastors of it; and that St. Chrysostome expounded the place thus, Tell it to the Church, that is, to those that preside in the Church. And we are content to understand it so: but this were to call the Pope in question upon the same controversy which we have now in hand: for St. Peter, and by consequent the Pope, being commanded to tell it to those which preside in the Church, that is, to his brethren and fellow-Bishops; this is to make some hail-fellows with him, and to hold the authority of a whole Council of more force than his alone, which we will not allow of. Here you see the reason why it was necessary to turn that word Plural into a singular, and to understand that passage in such a way as the Pope may propound a question to himself, and presently make answer to himself, and so play Martin the Priest; both Priest and Clerk. 5 Hereafter we must gloss that gloss upon the Decree, where it saith, Gl●s in Canon N●●● 9 q. 3. In●u●●a al●a in C●●. St papa. dis●●n●. 41. If the Pope chance to offend, his fault may be told unto the Church, if so be it be lawful to accuse him. To the Church then, that is, to the Pope; to himself and no other. We must also make Pope Gregory speak a most fearful languaged and say in spite of his t●eth what he never so much as thought on, Pope though he were: for in an epistle of his writ against the Patriarch of Constantinople, who styled himself Universal Bishop, We (saith St. Gregory, speaking of himself) to whose prejudice such and so great a fault, by a bad attempt, G●e● l. 4. Regis●●● ep. 92. hath been committed, do observe that rule which Truth itself commanded, saying, If thy brother hath offended thee, etc. I have therefore endeavoured, by means of those whom I sent in my behalf with gentle words once or twice, to correct the fault which is committed in the whole Church: and now I write myself. I have left nothing undone which I ought to do with humility: but if I be slighted in this my correction: it remains that I must add the Church. That is, according to Bellarmine's opinion. It remains that I tell it to myself. An● Pope Nicholas the first will be in the same taking, who useth the same threatening to one of our Kings, namely Lotharius, Canon Praecip●e 11 l. 3. in case he would not forgo his concubine Gualdrada. 6 But see here a greater mystery yet! for by this reckoning we shall find that the Pope is greater than St. Peter. Hear what the same St. Gregory saithe G●eg Magnus. ibid. in the same epistle; Peter (saith he) the chief of the Apostles, is a member of of the holy Catholic Church. Paul, Andrew, john, what are they else but heads of particular persons? and yet all members of the Church under one head? and to bind up all in the compass of a brief manner of expression● the Saints were before the law, they are under the law, they are under grace too, and yet all three making up the body of the Lord, are made members of the Church. Now say we to make our argument good, But the Pope is the Church, therefore he is greater than St. Peter, yea than God himself: For it is said in this passage, that all these Saints which are members of the Church, make up the body of the Lord. But the Pope is the head of the Churchy nay he is the Church itself, ergo he is greater than any of the Saints; yea than Christ himself. Besides, all the world is spoken of in that passage except the Pope, and yet he was a Pope that spoke it. But there is nothing lost by this, if this exposition be admitted. Only I find myself a little troubled to make sense of those words, spoken to St. Peter in the same place of St. Matthew, Po●●s c●nfesse themselves inferior to Counsels. If he will not obey the Church, let him be unto thee as a heathen or publican. For it should seem by these words that the Church and St. Peter are two things. But I am out: for is it all one as when we speak to a King, to whom we sometimes say (You) and sometimes (Your Majesty.) Good God what absurdities be these! what impieties! what monsters in an age so enlightened, so well weeded! You see here the testimony of one Pope, behold yet another: Damas. apud Ambros. ep. 79. 7 Pope Damasus making answer to the judges, deputed by the Synod of Capua in the case of Bonosus, who did him the honour to ask his advice; I received your letters (saith he) whereby either in truth or in modesty you have been pleased to ask our opinion. But it being adjudged by the Council of Capua, that Bishops next adjoining should be assigned for judges to Bonosus and his accusers: we are of opinion that the form of judgement cannot stand with us: for if the Synod were at this day unbroken up, we should haply ordain the very same which is contained in your commission. It is your part therefore, who have undertaken the charge of the judgement, to proceed unto it, and pronounce your sentence upon all that concerns it● against which nothing must be attempted. And anon after, Wherefore it is necessary in the first place, that they pass judgement of it to whom the power of judging is committed. For us, it were not sitting that we should judge, as having no commission so to do by authority from the Synod. To this it is said in the Pope's defence, that if he would have judged of this case, he might have done so. That's true, he being so fairly invited to it. But it must be granted too, that if he had not been entreated to it by those to whom that charge was committed by the Council, he could not have done it. Now it was wisely done of him not to meddle in it, being he had no commission, for in case either the defendant, or the plaintives should have complained to the Council of his judgement, he could not have stood to it. He adds that he would have been willing to have passed his sentence of it, if the Council had been then assembled. Which must be understood in case he had been required, or appointed by the Synod so to do. For otherwise what greater power could he have during the sitting of the Council then afterwards. To say that he would not meddle with it, for fear lest he might seem to wrong the Council, by reason of that deputation of judges by it already made: the wrong had been far greater if he should have bearded the Council, and undertaken to do it without being apppointed thereunto. 8 Pope Symmachus, who lived at that time when Odoacer was King of Rome, fearing least there might be some trouble about the Election of his successor, entreated Basilius the King's Lieutenant in that City, that he would assist at the election: which was the reason that he made a Decree about it. But Symmachus, perceiving the displeasure which the rest of the Clergy conceived against it, caused a Council to be assembled, to consult upon the matter: which declared that the writing containing that Decree● was of no force● adding further, that although it were valid and might stand, Yet it was the Pope's duty to repeal and cancel it in a Synodical assembly. 9 Here are two or three things remarkable in this matter. 1 One, that it was a Provincial Synod of the Bishops of Italy, as appears by the subscriptions, where the Pope hath the main authority as being the head of it, according to the sixth and seventh Canons of the Council of Nice, in the commentary upon which Balsamon saith, it was decreed by the sixth and seventh Canons, Balsamo. in Can. 6. et 7. Synod. Nicen. That the four patriarchs should be honoured according to the ancient custom: to wit, he of Rome, Alexandria, Antioch, and jerusalem. For the ●atriarch of Constantinople was created by the following Council. And speaking of the three last, he assigns to every one of them their several Churches and Provinces. In as much (saith he) as the Bishop of Rome, hath also under him the Western Provinces. Provincial Counsels above the Pope. 2 Another, that Symmachus caused that to be abrogated by a Council, whereof himself was the author, as appears by his own relation extant in the Acts of the Council. 3 Thirdly, that the Council saith it belonged to him to cancel that Decree, not of himself alone, but together with the body of a Council. See now what we infer from hence: If the Pope had recourse to a Provincial Council for the abrogating of a Decree whereof himself was the author: if the Council did abrogate it: if it said that the Pope could not repeal it himself, but together with the assembly of a Council: than it follows that the Pope hath no authority of himself, at least not so much as he pretendeth to: and less yet over a provincial Council, seeing in matters of consequence he can do nothing without it; and least of all over an Universal and Ecumenical Council. Nor ought we to be moved at that which we read in the same Acts: That the Pope was wont to make Synodical Decrees valid: Seeing it will not follow from thence, that therefore he is above a Council: but only that Counsels (that is, General ones) cannot be holden unless he be called to them: which is not peculiar to the Pope, but common to him with the rest of the patriarchs, as we show in another place. 10 And as for particular Counsels, the Pope hath nothing to do with those which fall not to his share, but are held within the Provinces of other patriarchs and Metropolitans, unless it be to look upon them. And to this purpose that passage of Balsamon is remarkable; B●lsamo in 6. & 7 Can Concilii Nicaeni. The meaning of the Canons is (saith he) that the patriarchs should be above their Metropolitans, and the Metropolitans above their Bishops. He saith not that the patriarchs and Metropolitans may do all without the Bishops, as our Council would have it. 11 Pope Hilary gives us plainly to understand that what is ordained by a Synod, though it be but a Provincial one, is of more force by a great deal than what is done by authority of a Pope alone. V. Conc. Romanu● sub Hilario. to. 2. Et Can. Quod quis. 35. q. 9 For being desirous to reform certain abuses which were current in his time, he proposed the matter to the Synod which he had assembled in the City of Rome: and saith afterwards, And to the intent this may be the better looked to for the future, if you please, give us your advice, and set your hands to it, that so the gate to things unlawful may be shut up by the judgement of a Synod. V. dictum Conc. Can. 4. To which it was answered by the Synod, We confirm it and declare it so to be. And from this very clause it follows, that if the confirmation give any authority to the party confirming above that which is confirmed, as Bellarmine pretends, a mere Provincial Council shall be above the Pope. 12 Pope john the eight having excommunicated Count Lambert and Count Adalb●rt, and some others which had evil entreated him in Italy, A●moniv●l. 5. c. 37. he came into France the year 870, where he called a Synod at Troy's, consisting of the Bishops of that Kingdom and the Low Countries, to desire their consent to that excommunication, which they accordingly granted him. This he would never have done if his authority had been greater than the authority of Counsels. 13 The Pope otherwhiles at his creation was wont to take an oath to observe General Counsels. Can. Confidi●u● 25 q 1. Epist. Gelas●i Papae ad Episc. Dardan. to. 1. Conc. Pope Gelasius saith there is never an Episcopal See which is more bound to keep the Canons of General Counsels than that of Rome. Howbeit at the end of his Epistle he falls into the Pope's disease. The Dardan Bishops complain of him for condemning Achatius by his own authority, without calling a Council. 14 Gregory the Great saith, that he reverenceth the four first General Counsels as the four Gospels: and that he holdeth the fifth also in great esteem; Can si●ut. dist. 15. and presently adds, Whosoever presumes to lose those whom these Counsels bind, or bind those whom they lose, he destroys himself and not the Counsels. Ie●●●s esteem o● the Pope. 15 The saying of St. jerom, which hath been inserted in Gratian'ss Decree, and therefore must be received at this day as one of the Pope's sentences, is of no mean consequence: who being of opinion that Deacons are inferior to Priests, which he proveth by many reasons, to that objection made against him, that it is otherwise observed at Rome, he answers. Can Legimus. § Si authoritas. dist. 93. If we must come to authorities, the world is wider than one City; let the Bishop be in what part of it soever, be he at Rome, be he at Eugubium, be he at Constantinople, be he at Rhegium, be he at Thebes, he is still of the same merit and like priesthood. The power or riches and the humility or poverty doth not make a Bishop greater or lesser. Lastly, they are all the Apostles successors. But you will say unto me, How comes it to pass then that at Rome a Priest is received into Orders by the testimony of a Deacon? Why do you object the custom of one City against me? See here is enough to prove that the Pope is inferior to a Council, seeing that which is practised in his Church cannot be a law to others: seeing the meanest among the other Bishops hath as much authority as he. For if he be above a Council, than all the rest are so: and if he deny it them, he makes a law against himself too. What were the Popes a thinking of when they undertook to pronounce out of their own mouth that which Saint jerom spoke to their discredit? The Glossatour (it seems) took this for currant money, when he collected from thence, That the Decrees of a Council prejudice the Decrees of a Pope, when they are repugnant. 16 All that is brought to stop this gutter is but lanterns and cresset-lights. As namely, that the Pope is Lord of the world: that the question is there about a custom not ordained by the Pope: that a Council is not all the world. To puff away all this dust there needs no more but to compare what they say with the words of the produced passage. He is Lord of the world (say they:) And yet for all that Saint jerom gives no more authority to him than to the sorriest Bishop: Yes, he is so; but it is in spirit, just as the Patriarches of Constantinople and Alexandria, and other such like which are nowadays created by him. He speaks (say they) of a custom not authorized by the Pope: then Saint jerom is beside the cushion, when he quarrels with the Pope himself about it. But a Council is not all the world: Surely no, not with the Pope to boot, seeing he is but of the same size with another Bishop. Can Haec est ●ides. 24. q. 1. 17 I will help them to a better cudgel, to beat Saint jerom with Saint jerom. For (as it seems) not remembering himself what he now saith to Pope Evagrius, speaking to Pope Damasus he saith, This is the faith, most blessed Pope, which we have learned in the Catholic Church, and which we have always maintained. But if perchance there be aught amiss in it, we desire it may be corrected by you, who hold the See and faith of Saint Peter. But if this my confession shall be approved by the judgement of your Apostleship, whosoever shall reprove me, will but show himself an ignorant or malicious person, or somewhat besides a Catholic, to wit a heretic. V Novam Decreti ed●● authoritate Gregorii 13. expurgat. in d. Can. Haec est fides. 24. q. 1. I will not here set down what was patched to it afterwards, seeing Gregory the thirteenth in his new edition hath confessed that it was a Pope that spoke it, and not Saint jerom. Besides that the passage there added, taken all together, plainly shows that what is there spoken of this point is no more but a bare wish. 18 See here now a many blows laid on all at once! St. jerom acknowledges the Pope for his superior, in exhibiting his Creed unto him: he hath recourse unto him as to an Oracle: submits himself to his judgement, which he extols above all. So than it must be one of these two, either he is a flatterer, or he is a liar, seeing in another place he hath ranked the Pope so low: But it may be well maintained that he is neither so nor so. The Bishops and others of the Clergy had a laudable custom in ancient time, Pope's faith sent to others to approve. one of them to communicate with another by letters or otherwise; and mutually to declare the faith they were of, and the doctrine they fellowe●. We could produce diverse instances, hereof; but we shall content ourselves with one, which gives full satisfaction to all that can be collected from the former passages: It is Pope Liberius' epistle written to Athanasius, containing a rehearsal of his faith, with a request that he would approve it, that so he might be more assured of it; Epist. Liberii Papae ad Athanasium. Wherefore (saith he) I beseech you brother Athanasius to subscribe to this confession, that I may be more assured of it, and may fulfil your commands without delay. He that shall take this passage in the strictest sense will make brave stuff of it. That a Pope, who is the universal head of all the Church, and for whom it is not possible to err, (as Bellarmine saith) would be further assured in his faith by the approbation of a Bishop: that he submits himself to do his commands. This is too much. Say we then that they are words of compliment aswell in the one as the other. Those which St. jerom useth, are more respective indeed but we must consider withal, that it was a mere Priest which spoke to the Pope. Besides, it was the part of a good Orator to extol the Pope and his authority, that so he might gain his consent, and bring him to approve of that his confession. 19 Nor will I ever deny but that the See of Rome had always a great deal of lustre; and much honour was always given unto it: but never so much as to make it a sovereign judge, and state it above a Council. We might further confirm this by diverse other testimonies of Popes. They themselves have granted that they may be judged when there is a schism amongst them, Can. Si duo. dist. 79. Can. Si papa. dist. 40. Glos in dist. Si Papa. and the election is not rightly performed; as also when they err from the faith. This is enough to prove that they are inferior to a Council. The glossatour goes yet further, when he saith, That a Simoniacal Pope, or an adulterer, or he that scandalizeth the Church by any other notorious crime, and is grown incorrigible, may be accused. Now in all these cases they must be judged by a Council, as the same Glossatour expounds it; whence it follows that they are inferior to it. CHAP. III. Popes judged by Counsels. Counsels and Emperors depose Popes. 1 THe Council of Sinnesse in Italy condemned Pope Marcelline because he had sacrificed to Idols. Marcelline fell upon the ground before the Synod, and lying prostrate all along in that manner, he was condemned by the Synod. These Acts are more to be credited than Pope Nicholas, Nicholaus 1. epist. ad Imperat. M●●h. Bellarm l. 2. de authorit. Conc. c. 19 who saith that never a Bishop durst pronounce the sentence of condemnation against him; or Bellarmine, who saith that Marcelline first condemned himself. 2 These answers cannot serve in Pope Honorius his ca●e, who was condemned of heresy by the sixth General Council holden at Constantinople. Synod. 6. Constant. Act. 13. Together with these (say the Acts) we have cast Honorius, who was Pope of old Rome, out of the holy Catholic Church of God, and have anathematised him: because we find by his writings directed to Sergius, that he hath followed his opinion in all things. Here they apply another plaster: this is, say they, for the crime of heresy: Gloss. in Can. Simo Papa. dist. 40 and it is the Glossatours' pleasure to comprehend simony, adultery, and other crimes whereby a man may fall into contempt, under this of simony. This will prove anon all one with the times of some Emperors, under whom there was but one crime, namely that of treason, but that included all others. For to piss in his hose (as they say) or at least against a wall was treason. Platina in vita joan. 13. 3 The Emperor Otho called a Council of the Italian Bishops, By whose judgement (saith Platina) the life of this so lewd a person (he speaks of Pope john the thirteenth) was to be judged: but he being afraid of the judgement of honest men, fled away. This Pope durst not rely too much upon his letters of Tonsure, I mean upon the Pope's privilege, which is that he cannot be condemned by any but God himself. He chose rather to dye miserably, being stricken by the Devil (as Platina saith) than submit himself to that judgement. We must here observe that Platina relates but half the story, as in many other things, for fear of prejudicing the Pope's prerogatives: but Luitprand a Clergyman, one employed in affairs, and who lived at the same time, tells us all the business from one end to the other: Namely that he was informed of to the Emperor by the Bishops, Luitprandus de rebus per Europam ges●is l 6. ●. 6 & seq. the Clergy, and Citizens of Rome for diverse crimes: that the Emperor called a Council consisting of the Cardinals, Patriarches, and Bishops of Italy, Germany, France, and the prime Citizens of Rome, in St. Peter's Church in Rome: that the Pope was commanded to appear by the Emperor's letters: that he disdaining to make appearance, the Bishops of the Council, after they had understood the heads of the accusation, and the crimes wherewith he was charged, were all of one opinion, that john ought to be degraded and deposed from the Papal dignity; desiring the Emperor to depose him and put another in his place. Which was done accordingly. M Adamus in hist. eccles. c. 55 Another Historian saith almost as much of him: at least he speaks of his condemnation by the Council. The King having assembled a Council (he speaks of the Emperor Otho) caused Pope john (whose name was Octavian) to be deposed though he were absent, being accused of diverse crimes, (for he had declined the judgement by flight) and caused Leo to be put in his place. Otho Emperor deposeth and electeth Popes. We must here observe that this Pope john was not accused of heresy, but of fornication, and simony, and leading a scandalous life; as appears by the rehearsal of the crimes objected against him, set down by Luitprand. 4 Which we will further confirm by the testimony of Theoderic à Nihem, V. E●●am Anton. de Royally in cap. Contraria p. 14. The●d●i●us à N●hem l. ● de schism. c. 9 who hath some remarkable passages to this purpose. Now that the Emperor (saith he) hath power over the Pope, especially if he be wicked and incorrigible, and such a one as scandalizeth the Church, doth sufficiently appear from the acts and exploits of the Emperors or Kings of the Romans. For Pope john the twelfth (others call him the thirteenth) was sans controversy or dispute, the alone Pope, who before his Papacy was called Octavian, descended of a noble and potent family; who after he was admitted into the Popedom, gave himself sometimes to the hunting of wild beasts: and leading a loose and voluptuous life, addicted himself to suspected women; evil entreating some of his Cardinals, and maiming them in their limbs because they had reproved him for it Afterwards he relates how the Emperor Otho went to Rome: how he reproved him for his vices: how the Pope standing in awe of him promised to behave himself well: how he did the clean contrary: how, when he understood the Emperor was coming again, he fled away into the Country of Campania. Lastly, he adds, That the Emperor, not spending the time, called a Council of the Roman Clergy in the City of Rome against that Pope. Where the said Pope being deposed by the unanimous suffrages of them all, another called Leo the ●ight of that name, a man of great renown, of a laudable life and holy conversation, was surrogated in his room. 5 The same Emperor (saith the same author) Id●m lib 3. c. 10 seeing a schism risen in the Church, returned back into the City, and having understood the difference between the two competitors, quickly called the Clergy together in Council, and so caused the one of them to be declared Pope, and sent the other, to wit Benedict the second, into exile into Saxony. He adds afterwards in commendation of the same Emperor: Idem lib. 5. ●. 1● Who would then have disputed with this great Otho about his judgement of the competitors for the Popedom, and of one vicious and perverse Pope by himself? Who durst have told him that they could not be judged but by God alone? I wish with all my heart there would come such an Emperor in our days, that would cancel the many writings in this labyrinth, which have increased so fast by reason of the multitude of writers, that a hundred Camels would scarce serve to bear them. 6 Yet the Emperor Henry (saith Platina) having called a Council, Platina in vita Ben● l 9 ●ylve●tr 3 & Cle●. 2. compelled three Popes to renounce the Popedom; namely Bennet the ninth, Sylvester the third, and Gregory the sixth. Popes were otherwhiles deposed by the Counsels of Pisa, Constance and Basil. I know very well there are salves invented for all these sores; that the crimes of heresy and schism are excepted out of the rule. But still it stands good that the Council is above the Pope, inasmuch as it is his judge in certain cases. Besides, among these examples there were some that were condemned for other crimes. 7 They say further, that when a Pope becomes an heretic, he is longer Pope. As if any man lost his honour before he were condemned. And for schism, they hold that they that are unlawfully preferred are not accounted Popes. Yet still they are condemned and judged by the Counsels as such. And beside, some have been deposed that were lawfully elected. They hold that the Pope is reserved to the judgement of God alone. It was the courtesy of Constantine the Great which first brought in this maxim; which the Popes have appropriated to themselves, and have excluded their fellow-Bishops from it, howbeit he spoke of all. And see here how well they knew to make their advantage of things! But the worst is, that though they have been always harping upon their privilege and exemption, Pope's in fact have yielded to Counsels. yet they have not always been believed: but diverse of them have been accused, judged and condemned; as appears by the former instances. So that in truth, setting aside the testimonies of the Popes, which depose as witnesses in their own cause, we find no good ground to build this pretended privilege upon, unless it be in certain particular Synods, composed of Italian Bishops which depended upon the Popes: as the fourth of Rome holden in the time of King Theoderic for the condemnation of Pope Symmachu●: where the Bishops set down these two maxims. One, that a Council ought to be called by the Pope and not by the King. Th'other, that he ought to be reserved to the judgement of God. The falsity of the first is apparent from that proof which we have made of it elsewhere. As for the second, we must persuade ourselves that these good Fathers would have us to believe so, who were opposed herein by Theoderic, and the Senate of Rome: who notwithstanding when all came to all let go their hold, referring all entirely to the will of the Synod; which used in this matter rather a kind of arbitrement and composition, than a judiciary process: putting thus much howsoever in their subscription (for fear lest they should seen to have quitted a guilty person) That they left the whole judgement of it to God. Now I am content their opinion be so, that the Pope could not be judged by them: for this must always be understood of a particular Synod, (such as this fourth of Rome was) not of a General; seeing there can be no example urged in that kind. And even for particulars, there have been diverse which have proceeded to such condemnations; the precedents whereof have been already observed: whereto we shall add that the Popes themselves have practised it. 8 As for example, Stephen the fourth, Who (saith Marianus Scotus in his Chronicles) so soon as he was elected desired the Emperor Pepin, to cause the most expert and understanding Bishops to judge of Pope Constantine in a Synod. The Council then being assembled at Rome, caused all his Priest's 〈◊〉 be burnt, and Constantine himself to be buffeted, compelling him to make a resignation: and he was afterwards burned. Stephen the sixth in the year 898 Having assembled a Council, he caused the corpse of Formosus his predecessor, to be apparelled in man's attire: and after he had made him to be devested of his pontifical garments, he caused him to be thrown into the Tiber, after he had made two of his fingers to be cut off: So saith Martinus Polonus in his Chronicle; and Platina after him in the life of Formosus. john the ninth in the year 900, taking Formosu●'s part, Held a Synod at Ravenna of seventy four Bishops, where that was condemned which had been done by Pope Stephen, saith the same Martin in his Chronicle. See you now how the Popes themselves have proved by their own practices that they may be judged by particular Counsels. 9 As for General Counsels they never so much as thought of exempting the Pope from their jurisdiction: On the contrary we read that Pope Leo the fourth being accused of treason, AEnaeas Silvius epist. 25. Can. Nos Si incompetenter. 2 q. 7. that is, of going about to transfer the Empire upon the Grecians, he submitted himself to the judgement of Lewes the second, Emperor, and King of France, as we read in the Decree. See now how that excessive greatness finds some superiors, yea and acknowledgeth them too, not abating aught of its right, but applying itself to its duty. We have made mention already of the condemnation of Formosus at the sixth General Council. We know also what was determined concerning this point at the eighth General Council of Constantinople, one of the most favourable to the Popes that ever was holden: considering that the Legates commanded there according to their desire, with all the honour done unto them, which he and his predecessors had a long time longed for. If, when the General Council is assembled, Pope Leo judgd and cast at Chalcedon. (saith the 21 Canon) there be any controversies or complaint against the holy Church of Rome● enquiry ought to be made upo● the question proposed with convenient reverence and respect, and to admit of satisfaction, and to proceed, or cause to be proceeded therein: yet not andaciously to pass sentence against the supreme Bishops of old Rome. Whence we collect th●t it was the intention of the Council that process should be made against the Bishop of Rome● with all honour and reverence indeed, then when he was accused in some sort, yet still that process should go on against him. 10 The Council held formerly by Photius Patriarch of Constantinople, had condemned Pope Nicholas. This anathematizeth Photius, not because he ventured to proceed to that reformation, (as some would make us believe) but because he had laid a false accusation against him, and for certain other causes; as the sixth Canon declares; We anathematise Photius for his intrusion into the Church of Constantinople: for his subornation of false vicar's: for his adventuring to hold a Council of vanity: and for the crimes which he falsely objected against Pope Nicholas, 11 The General Council of Chalcedon was judge in Pope Leo the first his cause against the Patriarch of Constantinople, Conc. Chalced. Act. 16. touching point of honour: which was thus; The Council of Nice had tacitly assigned the first place of honour to the Patriarch of Rome, the second to him of Alexandria, the third to him of Antioch, and the fourth to him of jerusalem: and because that Constantinople was then scarce borne, there was no talk of it: but at the second Council of Constantinople the question was canvassed, where it was determined that the Bishop of that City should be honoured as the next Primate to the Bishop of Rome● because it was new Rome. The Pope complaine● of this Decree to the Council of Ephesus, pretending that the Council of Nice was disparaged: the other on the contrary stood for the Decree of the Council of Constantinople; the Council gave sentence that what had been there determined concerning this point, should stand; The reverend Bishops said, This sentence is just: We all say so: It pleaseth us all likewise: The Decree is just. See here how they pronounced against the Pope: whose Legates the next day desired the retractation of that Decree, or at least that their protestation might be registered; and that they might know what to inform the Pope of, to the end (say they) that he might pass his sentence upon the injury done to his See, or of the subversion of the Canons. Hereupon the judges pronounced, Our interlocution was approved by all the Synod. 12 Pope Leo was much displeased with this sentence, Epist Leoni● 57.58.59 et 60 which he did not dissemble in his letters written to the Emperor Martian, Pulcheria the Empress, the patriarchs of Constantinople and Antioch, and others. Yet for all that he durst not withstand the Counsels resolution, nor proceed any further than only to complain against it. Howbeit, speaking to the two last, who were interested in the cause as well as himself, he tells them that he will not consent to that sentence. He had reason, for his consent to it wa● never demanded. But he never complains of the Council for confirming the definition and rule of faith which he sent thither; Leo Papa epis●. 61. Evag●ius l. 2. c. 13. Conc. Chalce●. in allocutione ad Mariam ad finem. but brags of it in his letter to Theodoret Bishop of Cyprus; which notwithstanding was strictly examined in this Council, which gave every man leave to impugn it. If it be not (say they) consonant to holy Scripture, let any man disprove it. As also they reprove, yet very nimblely, and by way of exposition, that saying of his, That it belonged to none to expound matters of faith, saving the Fathers of the Nicene Council; and they show how it belongs to others also, not so as to derogate from aught that had been there determined, but to explain the controversies which arise about it. 13 Bellarmine seeing that this is prejudicial to the Sovereignty of his Patriarch, saith that Leo's epistle did not contain any definitive sentence, Decisions of Popes judged by others. but only his advice: and we on the contrary affirm, it was his determination and resolution. Let us hear what he himself saith of it, What God had first determined by our ministry, he hath now confirmed by the irretractable consent of all our brethren. And for the last course, if it may be said, this Leo was one of the most ambitious Bishops that ever wore Mitre. He that shall peruse his epistles without passion, will ever pass this judgement upon him. 14 The Emperor Constantius, having banished Liberius, another whose name was Felix was elected in his stead. Sozomen. l. 4. c. 10. et 14. The Emperor having recalled Liberius some time after, the Council which was then at Sirmium a city in Hungary writ to Felix, and the Clergy of Rome, to receive him in such sort as both of them might continue Popes, and might execute that function with one common consent: l●●. c. 19 Which was done accordingly. Bellarmine answers two things. First that the Council doth not command so, but only send some exhortatory letters: But this is but a shift: for Sozomen saith, the Council ordained so: Next, that this Council was composed of Arrians for the most part. This consideration were to the purpose if the question were about their doctrines: but here the controversy is about a thing which was never in dispute with them. And beside, both the Popes were Orthodox. But be that as it will be, we collect from hence all that we desire, namely that the Council passed sentence in the Pope's case. 17 Pope Miltiades was by the Emperor made judge between the Catholics and the Donatists, and after him the Bishop of Arles, as St. Austin testifies: at which judgement the Donatists being displeased, St. Austin adds, Augustin. ep. 162. But suppose the Bishops which judged at Rome, did not judge aright: recourse may yet be had to a Council of the Church Catholic: where both the cause and the judges themselves may yet be tried: that so if they be convinced to have judged amiss, their sentence may be repealed. Bellarmine quits himself but poorly from this argument. Bellar. l. 2. de Conc. author. c. 19 First of all he affirms that thi● cause was judged again by the Bishop of Arles, not (saith he) because there was any reason why it should be so, but because it was the Emperor's pleasure: this I do not deny to be true. But in the second place he saith, that a cause judged by the Pope in a particular Council, may afterwards be judged by him again in a General Council. This is nothing to the purpose; for St. Austin saith not that the Pope ought to assist in this General Council as judge, but only to defend his own sentence; being in danger to see it repealed if it were found to be injust. 16 Besides, if the Pope hold his greatness only by St. Paul's sword, and St. Peter's keys, and if he be above all; then he ought to be esteemed as great and gross in a particular Council as in a General; seeing that by his reckoning, all Counsels whatsoever, are but petty accessories which bring no great advantage to the principal. But if he grant that a General Council where the Pope is, hath no more power than a particular where the Pope is also, he plainly confesseth that the principal authority of Counsels is not derived from their heads. CHAP. IU. Of Appeals from Popes to Counsels. 1 THat which Saint Austin proposeth in the place above-cited, Appeals by Emperors, Duk●s, Friars, etc. touching judgement of a Council after the Pope's sentence, is a kind of Appeal. This gives us occasion of here setting down certain precedents of such as have been put in from Popes to Counsels. The Emperor Ludovicus Bavarus, the fifth of that name, relieved himself by this means against Pope john the twenty second, who had excommunicated him for taking upon him the name of Emperor before he was confirmed by him. German. Chron. l● 24 p. 227. Vide etiam Albertum Argentin●ns. in Chronic. p. 123. He appealed (saith the Germane Chronicle) to a General Council, and to the Pope (who was now misinformed in the matter) when he should be better informed. Yet notwithstanding he charged his Ambassadors whom he sent to john, to use all kind of humility towards him, to see if he could pacify him before he proceeded to this remedy. Which being done they got no other answer but this, That it was not lawful for him to demean himself as Emperor, and be called by that title, unless he had by way of preamble been confirmed by him after his election: and he appointed him a day to make his appearance at Rome to excuse himself, and make satisfaction for his faults, upon condition that in the mean time he leave off the name and administration of Emperor. And upon his refusal to do thus he thundered out his excommunications against him. Whereupon (say the same Chronicles) Lewes did appeal from him. And that which follows is worth the noting. The process of the See of Rome had at that time a great deal of force; for it was a crime inexpiable to be of a different opinion from the Pope. But Lewes had some Doctors in both laws which held the Pope's sentence to be invalid; which opinion of the Doctors was a cause that many stood firm to the Emperor's party. 2 The States of Germany assembled at Francford the year 1338 went yet further, Nau●ler generat 4●. Add Albericum de Rosate in l Bene à Zenone C. de quad●●en. praescrip. Et Avent●n. l. 7. annal Boiorum Paulus Langiu● in Chron. Citizensi sub ann. 1328. for they cassed the sentence of the Pope, and of his conventicle held at Avinion. By the council and advice of all the Prelates and Princes of Germany met together in the City of Francford, we declare and ordain that all such proceedings are of no power, force, nor efficacy. But of this we have spoken sufficiently in the first Chapter of our first Book. 3 In the year 1328 (saith a Germane Monk) Pope john in full Consistory condemned the letter of the general Chapter of the Friars Minorites holden at Peruse: whereupon Michael de Cesano, General of the Order for that year, made an appeal against the Pope; affirming that the Pope's determination touching the poverty of CHRIST JESUS was heretical. 4 In the year 1460 Sigismond Duke of Austria pleaded an Appeal from Pope Pius the second to a General Council, in these terms: Considering then that his Holiness hath bereft us of all hopes of possibility of obtaining justice at his hand●; by reason whereof we cannot appeal to the Pope better informed● seeing that his ears are grown deaf towards us, and his indignation is inflamed after his desire. We appeal unto the Pope which shall succeed him, to judge of his predecessors actions: A●p●●ls t● in the Po●● m●●● by th● F●●●c●: and to the General Council which shall be assembled. The cause of this appeal grew from Pope Pius his excommunicating of Sigismond: and the ground of the excommunication was because that Sigismond had kept back Cardinal Cusan from the Bishoprique of Brixen, which was within his dominions, being highly offended that it was given unto him in commendam by the Pope. And because the act of this appeal was drawn by Gregory Haymb●urg● a learned Lawyer in his time, and that he had made it be sixth upon the gates of the Church of Florence, A●n●eas Sylviu● epist. 14. the Pope fell a quarrelling with him too, thundering out another excommunication at his head: of which, as also of the former, he makes mention in one of his Epistles. But our Doctor was so little amused with it, that he put up another appeal in his own name, from the Pope to a ●uture Council; which he set out with many pretty reasons: the copy whereof we may read to this day. 5 We have oft relieved ourselves in France against the abuses and usurpations of Popes by this course. Innocent the third caused this Kingdom to be interdicted by his Legate which was come hither: and that because of the marriage which Philippus Augustus had contracted with I●geberge sister to Cam the King of Dalmatia. But the King (saith john le Maire) armed himself with an appeal to a future Council. Howbeit it is recorded by another author, that the appeal was put in by the King's Agents fro● the Legate to the See of Rome; but they may be both true. For the appeal might b●e first made from the Legate to the Pope, and, because that appeal was not admitted, then from the Pope to the Council. And I believe it was so; considering that we read at this day the Decretal Epistle of Innocent which he sent to Philip; where he maintains that his Legates ought not to admit of the Appeal: (seeing (saith he) an Appeal cannot be made from a Minister:) and that his Legate had done nothing of his own proper motion, but by command from him. Platina in Boni●. 8. V. les libertez. de l'Eglise Gal●●cane, versus ●●n. 6 So likewise Philip the Fair appealed from the usurpations and insolences of Boniface the eight, to the See Apostolic then vacant (as he said) and to a fu●ure Council, saith Platina in his life. This likewise was the means which M. ●ohn de Nanterie the King's Attorney General used against the Bulls of Cardinal de Balice, appealing from them to the Pope better informed, or unto those to whom the Appeal did of right appertain. These are the very words as they are in the Collection of the liberties of the Gallicane Church. jean l● Maire en la ● part. des schisms. Robert. Gaguin lib. 10. in Ludovico 11 Du T●llet en son advi● sur les libertez de l'Eglise G●llicane. 7 The famous University of Paris, perceiving the eager pursuit which Pope Pius the second made, by his Legate sent into France to Lewes the eleventh, to get him to cancel the Pragmatique Sanction, appealed from all the Pope's attempts to a ●uture Council, saith the same john le Maire and Robert Gaguin, who lived at that time. And the same King Lewes in the year 1463, to secure himself from the censures of the said Pope, with the advice of his Parliament, caused an Appeal to be put in by his Attorney General from the said Pope to ● future Council: and ordained by an arrest that the Cardinal of Constance should be punished● because he had resisted the authorities and rights of the King; saith Mr. john de T●llet. 8 The same University put in an Appeal to a future Council touching the condemnation of the Council 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 Council was confirmed. But it is expedient to hear the truly pious words of that generous University. Pope Leo the tenth in a certain assembly holden at Rome, App●llatio Vnive●sitatis Parisiens'. quam vide in ●●sci●●lo rerum ex●●●endarum (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 Counsels,) hath resolved, we know not upon what advice, to abrogate the said so useful Decrees, transgressing herein against the Catholic faith and authority of sacred General Counsels, and therefore hath condemned the holy Council of Basil: Appeals to Counsels ●gainst the Pope. making certain other Decrees at his pleasure (under correction be it spoken) to the prejudice of the Realm and of Dauphin, 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 persuasion of some body or other, to give his consent unto them, while he was in Italy employed there in business of war. Wherewith we the rector and University do find ourselves grieved, wronged, and oppressed, and do provoke and appeal from the Pope ill-advised as concerning the abrogation of the Ordinances and Decrees of the said holy Council of Basil, and the Pragmatique Sanction thereunto adhering, to a future Council lawfully assembled in some safe and free place, etc. Given at Paris in our general Congregation solemnly holden at Saint Bernard's May the 27. 1517. A Germane Monk speaking of this Appeal● saith, Not without cause did the University of Paris become appellants to a General Council against Pope Leo, for the good and preservation of the Churches of the whole Kingdom, and especially for that the same Pope Leo had undertaken to condemn and disannul the Council of Basil, in a certain assembly or conventicle of Cardinals holden a● Rome. 9 Some of the Commentators among the Canonists have said in express terms, Ludovicus Romanus Cons. 321. Abbas Siculus in allegationibus quae incip●●ant Quoniam ve●●a● in 10. r●tione. Et in disputat quae in●ipit. Episco put. 〈◊〉 Recueil des ●il ert●s de l' Eglise Gallicane v●●s●s fin. Sozomen lib. 3. ●ap. ●. that an Appeal may lie from the Pope to a Council, amongst whom are Ludovicus Romanus and Abbas Siculus in his allegations. Such Appeals to a future Council are not to be stranged at; for in France they go further than so, insomuch that it is lawful to appeal to the Parliaments from the execution of the Pope's abusive Bulls. 10 But Bellarmine urgeth some examples to the contrary against us, to wit of Appeals made from Counsels to Popes: the first is of Athanasius Bishop of Alexandria, and Paul Bishop of Constantinople; who (saith he) being deposed by a Council, appealed to Pope julius, and were by him restored to their Sees again. This he takes out of the Ecclesiastical history of So●●●en which makes against him. First, he doth not any way speak of appealing ●●om the Council to the Pope, for that was not then in use. He saith indeed that Athanasius and some other Bishops being deprived of their Sees, and pers●cucuted by the Arrian Bishops which were in the East, fled to Rome as to a haven of refuge: 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 Eastern Bishops, whom he rebuked for deposing them: but we must always remember that they were Arrians and persecuters, and that the controversy was not between par●ie and party. If Bellarmine deny it, or if he answer that we must look here only to the form of proceeding which was ordinary, we will take him at his word, and presently oppose unto him the authority of his own author; who saith that these Bishops so soon as they had received the Pope's letters, framed him an answer full of ironyes and threats. That they confessed, as he said, Sozomen ubi supra: that the Church of Rome was the principal, as that which was the prime of the Apostles, and the Metropolitan for piety ever since the beginning, (howbeit tho●● which planted Christian religion there came first out of the East) but they were displeased that he should think they were inferior to himself, because his Church was of a greater lustre; though they excelled him in virtue and sanctity of life. They objected also against him as a crime, that he 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 Council. 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, P●●●●nded appeals to Popes● answered. from the second Council of Ephesus by Flavian Bishop of Constantinople, and Theodoret Bishop of Quars. It is easy to make it appear th●● t●is was not so. For first it is plain from the Acts that the Appeal was put in ●imply by the word (Appello) without mentioning whither. Act 1. Concil. Chalced. Evagrius l 2. c. 2 Action. 3. Conc. Chalc. Secondly, the appellants presented a petition to the Emperors, tending to this effect●●hat they would be pleased to refer the cause unto a Council. Thirdly● the Council passeth the judgement upon the case of the Appeal. And fourthly, the Pope himself was condemned by that Synod. He was one of the plaintiffs against Dioscorus the Head of it. Whereupon it was said to his Legates by the Precedents of the Council of Chalcedon● Act. 1. ejusdem Council. Nicolau● 1. in epist. ad Michaelem Imperat. That they being accusers could not be judges. Pope Nicholas the first testifies that Dioscor●● was not so much condemned for his heresy, as for daring to pass sentence against the Pope. To what purpose then had it been to appeal to him, seeing he himself was condemned and was a plaintiff? 12 The third example is of an Appeal made to Pope Innocent the first by john Chrysostome, who was deposed by a Council, as it is testified by Pope Gelasius. But he makes us sometimes believe that they, as other men, will be sure to let us have the best in the pack, when their own greatness is in question. Sozomen. lib. 8. cap. 26. Sozomen is more to be credited in this point than he, who relating the fact, saith not a word that comes near to any such Appeal. Only he tells us that Chrysostome was deposed by a Council of Chalcedon, (not the General, but another) that Pope Innocent having notice of the fact, condemned it: that is, was displeased at it, and disallowed of it. That which follows confirms this exposition: that he took pains to get a General Council called: that he writ some consolatory letters to Chrysostome, and the Clergy of Constantinople, where he was Bishop. Amongst other things he saith, But what remedy can we apply to it for the present? There must of necessity be a Synodical judgement. So I have said a long time that we must assemble one. And accordingly he sent five Bishops and two Priests of the Church of Rome to the Emperor's H●norius and Arcadius to entreat a Synod of them with the appointment of the time and place. CHAP. V. This maxim, Tha● a Council is above the Pope, proved in express terms. 1 WHerefore notwithstanding these examples objected to the contrary, The case desided by Counsels. considering the weakness of them, we may justly infer that the ancient: Popes having confessed and acknowledged the authority of Counsels to be greater than their own; having been judged and condemned by them, both in matters civil and criminal; as also appeals from their sentence unto Counsels, having been allowed; therefore they are inferior to them, and aught at this day to acknowledge their power and authority. But we must yet undertake a greater task, and show that this maxim, That a Council is above the Pope, is in express terms in the Decrees of Counsels, the Constitutions of Pope●● the decisions of Doctors, the opinions of Universities, and the approbations of Princes and Provinces. 2 We can scarce bring aught from them any higher than since the Council of Constance, Platina in vita Alexandri. 5. by reason that the question was not yet on foot, and they never thought of resolving i● in express terms. Yet this was the opinion of the first Council of Pisa, which was holden before that of Constance, which deposed two Popes at one time, and created another in ●●ed of those two, who was acknowledged for a true Pope, namely Alexander the fifth's And for the fact, hear what Naucler●● saith of it; Nau●ler to. 2. Generate. 47. It was disputed a long time at the Council of Pisa about the pretended deposition of the Popes: principally by Laurence de Rodul●is, Doctor in both Laws, and Professor at Florence: to wit, whether, supposing it for true that the two Popes scandalised the Church by the open violation of their oaths, and of the vow which they had made for the union of the Church, considering they had no regard of it, but by mutual collusion did dissemble it, and that a most wicked schism is very harmful to the Church: Whether (I say) the Cardinals might call a Councell● and both Popes, being cited to the Council and not appearing, but persisting in their contum●●y, might be deposed; and whether they might proceed to the election of another. Whereupon after a long dispute, in the presence of many Doctors of Divinity and both the Laws, it was at last resolved without contradiction, they all being of the same mind, that it might be lawfully and Canonically done. 3 As for that of Constance the formal Decrees of it are extant in the fourth and fifth Sessions; Conc. Constan. Sess 4. et 5. The holy and General Council of Constance, doth ordai●● and declare, that a Synod lawfully called in the name of the holy Ghost, making a General Council, and representing the Catholic Church militant, h●●h it● power immediately from Christ, to which every one is bound to obey in what estate or dignity soever he be set, though it be in the Papal, forasmuch as concerne● faith● the extirpation of Schism, the general reformation of the Church of God both in the Head and members. This i● the former Decree, but the s●●ond is yet more express; Item, it declares that whosoever shall neglect to obey the commands, statutes, ordinances, or decrees of this sacred Synod● or of any other General Council lawfully assembled, in the things aforesaid, 〈◊〉 others t●●●●to appertaining, made or to be made; Councils by their Decrees above Popes. if he do not repent of it, he shall undergo a condign penance, and shall be severally punished; yea and that with recourse, if need requ●●e, to other remedies of law against him, 〈…〉 estate, or dignity soever he be, though he be Pope. These Decrees were confirmed by the Council of Basil, and inserted ●ord for word in the second Session held in the year 1431, and again in the sixteenth and eighteenth Sessions, in the year 1434, and in the thirty third Session, holden 1439. The Council holden at Bourges in our Realm of France, under 〈◊〉 the seve●●●, in the yea●e 1438, confirmed the same Decree and transcribed it verbatim● into the Pragmatique Sanction. 4 There was another General Council holden at the City of Lausanne, in the year 1449, where Pope Felix abjured the Popedome● and Pope Nicholas the fifth was confirmed in his place. The Acts of that Council, which was a General one, contain only four pieces, to wit● the renouncing of the Popedom by Pope Felix● a general absolution of excommunication, the new creation of Pope Nicholas the fifth, and the dissolving of the Council: Whence I have extracted these ensuing places, which serve for this purpose. In the first Act; Wherefore there is need of strong and ready succours, forasmuch as the authority of sacred General Counsels, now more stirred than ever, doth not only shake, but is already borne down to the ground. For the decision of the Sacred Council of Constance, which ought never to be forgotten, is not yet quite o●t of memory, to wit; ●o wit, that a holy Synod lawfully called in the name of the Holy Ghost, making a General Councell● and representing the Catholic Church militant, hath its power immediately from Christ, to which every one is bound to obey in what estate or dignity soever he be set, though it be the Pope; for as much 〈◊〉 concerns faith, the extirpation of Schism, and the general reformation of the Church of God, both in the Head and the members. ●o the creation of Pope Nicholas 'tis said, To set the holy Church of God a● peace and union, we have directed our petition to the person of Thomas, the well-beloved son of the Church, called Nicholas the fifth in his obedience hoping that he will do what on● that is to be Pope ought to do, having understood by credible information, that he believes and follows that which is truth, for the preservation & upholding of the authority of Sacred Counsels, so as it was determined & declared at the most sacred Synod of Constance, & renewed at the holy Council of Basil● & received, preached and dogmatically delivered by the Prelates, Kings, Princes, and Universities of the earth: to wit, that a general Synod lawfully called in the name of the Holy Ghost, making a General Council, etc. Which is the Decree of the Council of Constance at large, as it was above rehearsed. 5 In the year 1512 there was another General Council holden in the city of Pisa, afterwards removed t● Milan, where these same Decrees of the Counsels of Basil and Constance were afterwards confirmed● So saith King Lewes the twelfth in his letters patents dated the 16 of june 1512. verified in the Court of Parliament, containing an approbation of the said Council; together with his letters written to the University of Paris, containing an exhortation and injunction to them to examine the book of Thomas de Vi● Cajetano, entitled De comparatione authoritatis Papae & Concilii, which he had writ against the Counsels of Constance, Basil, and the second of Pisa: and likewise against john Gerson Chancellor of Paris. But there is no need of seeking proofs abroad, considering that the very Acts of the Council itself do sufficiently prove it. See here the Decrees of it contained in the third Se●●ion; The holy General Synod of Pisa lawfully assembled in the name of the Holy Ghost, making the Council General, and representing the Church Catholic, doth ordain and declare as followeth; First that his holy Synod, nor shall, nor can be dissolved, till such time as the Church Universal be reform in faith and manners, as well the Head as the members: Th● Council of Pis● against th● Pope. and till the heresies and schisms which are a growing be extinguished: till the warrest which are a preparing amongst Christians, be accorded. Yet notwithstanding for the continuation of it, it may be removed to a place of safety by the common consent of the fathers; especially with our most holy Father the Pope, if he can be got to agree thereunto● always provided that it be not to Rome, it being notorious that it cannot be in safety there. It further ordains that the Canons of the holy Council of Constance here underwritten, contained in the fifth Session thereof, shall be strictly observed and kept in the same manner that they lie, and that the contents of them shall be inserted into this Decree, and shall be holden by all men as most true, as they here follow. First the holy Synod lawfully assembled, making a General Council, etc. Item, in the second place it declares that if any man, of what condition, estate, and dignity soever he be, though it be the Pope himself, shall with contumacy neglect to obey the edicts, ordinances, and commands of this sacred S●nod, etc. These two Decrees are there inserted at large, but we have here cut them short because they are set down before. 6 And forasmuch as our adversaries in this point make such a great matter of the Pope's authority and confirmation, ●nd place the true validity of Counsels in that, we shall make it appear that it came in at these General Counsels, either in the convocation, or the presidence, or the approbation. As for the first of Pisa where the roots and foundation of this maxim were laid hear what Pope Alexand●r the fifth said of it a little before ●is death: Pl●t●na in Alex●n●r. 5. That he● thought and beleev●d that all that was ordained at the Council of Pisa was just and right, and void of all fraud and deceit. Naucleru● reporteth the same words. Pope Al●xand●r the fifth (saith h●) tow●rd● the end of the first year of his Pope●ship, N●●●l ●us tom. 2 G●●erat●7 ●7. began to find himself very ill; and perceiving death to draw near he called the Cardinals, protesting unto them by that death which he saw b●●or●●is eyes, which he did no way fear, as being confident of his good life, that he verily thought and believed that at the Council of Pisa all things were well de●reed, and with integrity of heart, without any fraud or deceit. 7 That of Constance was called by john the twenty third, a lawful Pope, as it is agreed on all sides. His Bull of Convocation is inserted at large in th● first Session of the Acts of the Council: he himself also di● preside the●e● as it is said in the Preface. It is true that by reason of the accusation which was a brewing against him, he took him to his heels without bidding adieu: and being condemned and deposed by the Council for many crimes by him committed, himself approved this condemnation, 〈…〉 〈…〉 Sess. ●●● as it is to be seen in the A●ts of the Council, and confirmed by the testimony of Platina. Martin the fifth being created in his stead, confirmed the Decrees and Determinations of that same Council, as 'tis avouched in the last Session. 8 The Council of Basil was called by Pope Martin the fifth, 〈◊〉 B●sil. ●●ss. ●. as it is apparent by his Bull, and being not able to go thither himself by reason of his age, he sent his procuration to Cardinal julian to preside in his place: which was afterwards continued by Martin's successor Eugenius the fourth. The same Eugenius confirmed the foresaid Decree of the Counsels of Constance and Basil in express terms, as is clear from the sixteenth and eighteenth Sessions. Extat post ult. Session. ●on●il. Basilie●sis. Pope Nicholas the fifth confirmed also the said Counsels of Basil and Lausanne, as appears by his Bull. Thus much of Popes. 9 As for Doctors and Commentators both in Divinity and in either Law, there are abundance which, either in expectation of some Bishoprique or Benefice, or because they were the Pope's mercenaries, have ascribed as much power unto them in their writings as ever they desired, yea more than ever they durst arrogace unto themselves: but yet there are others beside that have refuted their errors, and have taught the pure tr●th, maintaining the liberty of Counsels, Authors for Counsels superiority. and their authority over Popes. Such are the a Petrus de Alliaco in tract. de potestate Ecclesiae. Cardinal of Cambray, Cardinal b Nicholaus Cusanus lib. 2. the concord. Cathol. cap. ult. Cusan, the Cardinal of c Cardinalis Florentin. in repetit. cap. licet de election. Florence, the Bishop of d Episcopus Gadicensi● in allegation. contra Eugenium. Calis, the Bishop of e Panormitanus de Concilio Basiliensi. in disputatione Episcopus. in cap. significasti de electionib. Panormo, Mr. john Gerson Chancellor of the University of Paris, f joannes Gerson in tract. de potestate Ecclesiae. con●id. 4, 8, 10, 12. In sermon● pro viagio Regis Romani. in Tractat. de au●eri●ilitat. Pap. james g Iacobu● Almain magister Parisiens'. adversus Thomam de Ʋio Cajetano. Almain Doctor of the Sorbon, William h Guilielmus Okkam●● 6. lib. 1. part. Okkam, i Marsilius Patavin●● in defence. peace. part. 2. cap. 21. & 24. Marsilius of Milan, k Hermannus Monachus in lib. de potestate Papae & Concilii. Herman the Monk, l jacobus de Paradiso in lib. de septem statib●● Ecclesiae. james Paradise of Chartres, m joannes de Parisiis in tract. de potestate Regali & Papali cap. 21. in fine. joannes of Paris Doctor of Divinity of the Order of Predicants, n Immol● in cap. Cum in●erior. De majoritate & obedientia. Et in cap. Quant●. De translatione Praelatorum Immola, o Ludovicus Romanus cons. 181. & 421. Et in tribus ultimis Conci●iis. Ludovicus Romanus, p Grego●ius Heimburgensis in Schedulis appellationum pro se & pro Sigismundo Austriae Deuce. Et in confutatione primat●s Pap. Gregory of Heimburg, q Guilielmus de Montserrat● in Commentar. supra Pragm●t. Sanction. part. 1. William of Montferrat, r Vincentius in allegationibus cap. 13. Vincentius in his allegations, and many more. CHAP. VI The opinions of Universities touching the authority of Counsels, and the approbation of Princes and Provinces. 1 THe most famous Universities of Germany and Poland have also given their opinions upon this point, consonant to the Decrees of the foresaid Counsels: and that at the very time when the Princes of Germany for the good will they bore to Eugenius, resolved to carry themselves neuters, as in conclusion they did. The said Universities withstood this neutrality stoutly and strongly; laying this for a ground, that a Council is above the Pope: which they prove by many reasons and authorities: and therefore seeing Pope Eugenius was deposed by the Council of Basil, and Felix the fifth elected in his place, that therefore the first must be rejected as schismatical, and the last obeyed as legitimate. King Charles' the seventh favoured Eugenius likewise, but so as that he professeth he will stand to the Decrees of the Council of Basil above all, (as Nicholas Clemangiis tells us) as did also the Princes of Germany. But let us hear what the Universities say of the power of Counsels, as for the other heads of their answers, we shall forbear from relating of them by reason of their prolixity. 2 The University of Cullen, being required by Theodorus Archbishop of that City, to let him know what they thought of it, made a little tract, some pieces whereof we will here set down. The first proposition is, The Church Synodically assembled, hath supreme jurisdiction upon earth, to which every member thereof aught to obey, of what dignity soever he be, though it be Papal: which no man can dissolve or remove without their Synodical consent. This is proved by the Decrees of the Council of Constance and Basil. The first part is grounded upon that in the 18 of St. Matthews Gospel; Tell it unto the Church. Where (as it is collected from that which follows) is signified the power of jurisdiction given to the Church Synodically assembled. The University of Colons opinion. And there are many good writings upon that subject, and diverse testimonies of Scripture, whereby that truth of the Counsels of Constance and Basil is confirmed. There have been infinite books and treatises writ of it already. The second part is clear, inasmuch as the son, the servant, the Scholar, is bound to obey his mother, his master, his schoolmaster: but the Church is the mother, the mistress, and the pedagogue of all the faithful in Christ, of which number the Pope is one, though he be the eldest son, and the chief servant: styling himself, not in a feigned humility, but in a Catholic verity Christ's Servants Servant, and the principal among all the other disciples of the faith. So then he is set as the rector, pastor, and Doctor of the rest of the faithful of Christ, in Christ's corporal absence, who is always mystically and spiritually present: and by Christ the spouse of the Church, the father, lord, and master of the faithful, by the authority of Christ, and of the Church his wife and Spouse; which is another new Eve, sacramentally taken out of the side of the new Adam sleeping upon the cross, and joined in marriage with him, as th'Apostle witnesseth. This is a great sacrament, betwixt Christ and the Church, not betwixt Christ and the Pope. Whence it is easy to show that the Church Synodically assembled is a judicial consistory, and supreme over all the faithful of Christ. And from hence also the third part of the conclusion is evident; inasmuch as no party can transfer or dissolve the judge's Seat at his pleasure. For if the Pope had this power, he should be above not under the Church, using not a mere borrowed power of the Apostolic keys, but an absolute free Princedom, a jurisdiction belonging to himself. And he should not be only the Pastor and steward over the sheep and lambs of Christ, but the King and Pastor of his own sheep, against that which is said in the last of St. john's Gospel, Feed my sheep: he ●aith not feed, thine own. Besides, if the part had power over the whole, the thing contained over the continent, the particular badness of the Pope might oversway the universal good of the Church's intention, and the Pope's pleasure should be a law to the whole Church. And that Church, which in one of the Articles of our Creed we believe to be holy, built upon the immovable rock of our Christian faith, should be made subject to a moving, to a movable and erring Prince; against which (saith Saint. jerom) neither vices nor heresies, which are meant by the gates of Hell, shall ever prevail. 3 The University of Erford was of the same opinion, and gave the same advice concerning the receiving and approbation of the Council of Basil, which they directed to Theodorus Archbishop of Mentz in the year 1440: we will here set down some passages of it; Now it is fitting to set which of the two ought to be obeyed, whether Eugenius or the holy Council: having showed the validity and subsistence of the Council of Basil, the superiority and preeminence of the Council is proved thus. Although the Pope or supreme Bishop be so the principal part of the Church, or in the Church, that there is no one member of the said Church or particular council, greater or more principal than he, nor indeed so great as he is avowed and acknowledged to be by all those that have treated of the power of the Pope. Yet no Catholic, that will understand the ma●ter, can e●er doubt but that the whole Church, or a firm and subsistant General Council, 〈◊〉 greater than he, and his superior in matters that concern faith, or the extirpation of schisms, or the general reformation of manners. For this was determined by the authority of the Church Catholic at the sacred Council of Constance, and confirmed at the holy Synod of Sens and of Basil, in these words; That a Synod lawfully assembled, in the name of the holy Ghost, making a General Council, and representing the Church militant, The University of E●fords opinion. hath its power immediately from Christ, to which every one is bound to obey, of what estate or dignity soever he be, though he be Pope, in matters which concern, etc. And although this declaration of the Catholic Church might suffice alone to prove the supreme authority of sacred Counsels upon earth: yet notwithstanding, for the greater confirmation of what hath been spoken, That the rest of the body of the Church (excluding the Pope, if he be contrary to it) hath this authority, there may be brought both reason, and experience, and authority. In the first place, reason teacheth us, etc. After they have proved this in manner aforesaid, at last they conclude in this sort. Considering then that all General Counsels are grounded upon such authority, that if they be assembled about faith & reformation of manners, & that which belongs thereunto, every man from the least to the greatest is bound to obey them: as also considering they cannot err, and that the sacred Council of Basil continues firm and undoubted until this day, as hath been proved. From hence three things are inferred: First, That if a General Council and the Pope, though he be truly and really Pope, be at variance, and command contrary things, the most illustrious Princes Electours, and all other Christians ought and are bound to obey the Council and leave the Pope. The second, that the sacred Council of Basil and Pope Eugenius that was, commanding contrary things, they are bound to yield obedience to that sacred Council and not to Eugenius: Yea to account him no Pope, seeing the Council had power to proceed to the deposing of him for his disobedience. The third, that they are bound to obey the most holy Pope Felix, who was chosen by the Council. 4 The counsel and advice which the University of Vienna gave to the Archbishop and Metropolitan of Salizburg, upon his request made unto them, is conformable to the former. To the second, namely whether the holy Council of Basil had full power to proceed against Eugenius, and to depose him and create another, it is answered; That the holy Ghost hath openly declared by the Organ of the sacred Council of Constance, that the Church, and a holy Council wh●ch represents it, hath such a power over any man whatsoever he be, although he be placed in Papal dignity. Afterwards they add the Decree of the said Council which hath been here alleged already; together with another of the same Council, made against those that do not obey the commandments thereof, though they be placed in dignity Papal. And in another place 'tis said, It follows then that the Holy Ghost is there, (at the General Council) but not as a subject, but as a supreme Precedent, from whom it is not lawful for any of the faithful to make appeal, and by consequent not from the Council neither, forasmuch as concerns the Articles, wherein it is certain the Council is governed by him, and that he presides there by a special grace and lustre: to wit, in what concerns faith, the extirpation of schisms, and the reformation of the Head and the members. How can it be otherwise but an open contempt of the majesty of God, and almost a piece of Idolatry to appeal from a Council to the Pope in such cases? what is it else but to appeal from God himself, who is confessed to preside in a sacred Council for such things, unto a mere man? and to take the power of judging from God the Creator, and devolve it upon a man? what is it else but to prefer a man before God as a more just judge than he? 5 The University of Cracovia gave also their advice and counsel concerning this point unto Ladislaus King of Poland and Hungary, consonant unto the former, but far more large, containing some very pretty reasons to prove that the Pope is inferior to a Council; out of which we shall bring only some passages to make it appear what their resolution was. First of all it is said, That a General Council representing the Church Catholic, is a rule directed by the Holy Ghost, and given by Christ jesus, which every one is bound to hear and obey, Counsels urged to prove the Pope inferior to Counsels. of what estate and condition soever he be, although he be a Pope. And in another place. Whence it follows, that the Pope is not head of the Catholic Church nor of a General Council which represents it; but he is head in respect of particular Churches and particular members in the Church. In reference to whom he is supposed to have full power as the Vicar of Christ. And elsewhere. Wherefore let this be the third conclusion concerning this point. That every General Council lawfully assembled in the name of the Holy Ghost, doth represent the Catholic Church, and hath its power immediately from Christ. This proposition hath no need of proof, considering that it hath its proof and foundation from the decree of the General Council at Constance. See here the very words of it, that we may not be put to repeat them hereafter. These are the two Decrees of the said Council, which we have inserted here before. After which it is said, Behold the Constitution of the sacred Council of Constance, which may suffice to make any man content unto this conclusion, considering it is the assertion of the Catholic Church. After the proof of the said conclusion, they proceed unto the fourth in this manner. And forasmuch as the Catholic Church and the General Council which represents it, hath its power immediately from Christ by the fo●mer conclusion, let this now be the fourth. The power of the Church Catholic, as also of every General Council lawfully assembled, which doth represent it, is above the power of the Pope, and all other power whatsoever upon earth, to which every one of what estate, condition or dignity soever he be, though it be Papal, is bound to obey and submit himself. And if he will not obey he may be punished with condign punishment. This conclusion they prove by many reasons and authorities, which it would be long to set down in this place. We shall only say how that, serving themselves with the authority of the Council of Constance, and having related at large all that passed in that respect, they add, All which facts of that Council are and will be a perpetual memorial unto succeeding generations. Whence it plainly appears whether a ●enerall Council have any jurisdiction over the Pope or no. Which every body that hath any judgement may easily know. Where it is to be observed that the authority of the Council of Constance was not any way doubted of in those days, but continued generally approved by all in this respect. In another place it is said, Whence it may be inferred, that, although it be convenient the Pope in some sort should be called the head of the Church, yet ought he not therefore to prefer himself before the Church. Yea it might perhaps be inferred from hence, that, eo ipso, because he quarrels with the Church for superiority, either in his actions or affection, he not only is not superior, but also that he is no member of the Church; as one that is ill opinioned of the authority of the holy Mother the Church, and deficient in the true faith. It is further said towards the end of that conclusion: Whatsoever hath been heretofore delivered in this point by the Glosses and Doctors sometimes for the affirmative, sometimes for the negative part, we must now stand to the decision of it made by the sacred Council of Constance, for as much as concerns those cases expressed in their Decree: to wit when the question is about faith, or the extirpation of schisms, or the reformation of the Church in the Head and members, and in cases thereunto belonging: as when the controversy is about a notorious scandal, and so of others. In all these the Pope is inferior to a General Council. And if any man be strongly confident of the contrary he ought to be esteemed a heretic. I could yet extract some other passages, but see here is more than needs for them that hold the contrary. 6 Now we come to our Universities of France, which have all approved this opinion; That the Pope is inferior to a Council. Counsels of Constance and B●sil app●ov●d by Princes. Which they did not by their several counsel and advice, as those of Germany and Poland, but being all Synodically assembled at the Council of Bourges, together with all the Prelates and chief Lords of the Land, as it is affirmed in express terms in the narrative of the Pragmatique Sanction, whose words we have set down in another place. 7 And for that of Paris, as she excels all the rest in dignity and knowledge, so hath she performed the bravest exploits in this regard. For she not only approved the Decrees of the Counsels of Constance and Basil at that time; but even after that, when she saw that Pope Leo the tenth went about to repeal them in the Pragmatique Sanction by the Council of Lateran, and by the Concordats made with King Francis, she put in an Appeal to a future Council, with such masculine and generous terms as the honour of France might require: as appears by certain passages which we have drawn out of them b●fo●e when we spoke of Appeals from the Pope to a Council. 8 Besides, the second Council of Pisa, holden in prosecution of those of Constance and Basil, did her the honour to desire her to write against Cajetans' book, wherein he maintains that the Pope hath authority over a Council. See here the letters which were writ unto her upon that occasion. The holy Council of Pisa lawfully assembled in the name of the Holy Ghost, representing the Church Catholic, and by way of continuation, removed to Milan for a time, to our beloved sons the Rectours, Doctors, Masters, and Regent's of the mother nurse the University of Paris, health and blessing from God Almighty. Our beloved son jeffrey Boussard Chancellor of Paris, will by our direction deliver unto you a certain suspected book full of injuries against the Counsels of Constance and Basil, and against ours, and against john Gerson the main defender of the Church, made by a certain Friar Cajerane, a bold fellow, and a dangerous: who we desire may be corrected according to his desert. Wherefore we desire you in the name of the Lord to examine and diligently to sift that book, and speedily to send us ●●ur resolution and opinion of it, to the end that we may proceed with your sage advice according to the merit of his boldness. See here their most respective letters, and withal those which were writ unto a company which hath always been reputed in effect the eye and light of the world. 9 Let us now speak of the approbation of Princes and Provinces. First, it is to be observed that the Deputies of the chief nations in Christendom were present at the Council of Constance: to wit, of England, France, Germany, Spain and Italy: As is apparent from the Acts of it, and from the testimony of Platina, who speaks thus of it; Platina in vita joannis. The affairs of the Council (saith he) were managed by the votes & suffrages of five nations; to wit, of England● Italy, France, Germany and Spain. All that was decreed and resolved upon by suffrages of these nations continued firm and strong, and was proclaimed and publicly declared by a crier or public notary: insomuch that it was afterwards confirmed by the general consent of all. 10 The Ambassadors of diverse Princes were at the Council of Basil, namely, of the Emperor, the King of France, the King of Spain, and others. The Decrees thereof were also approved in the diet of Mentz in Germany by the Electours of the Empire, and the Orators of the Princes of Germany: witness AEnaeas Silvius, AEnea● Sylviu● lib. 1. de gestis Concil. Basil. afterward Pope Pius the second: witness also the University of Erford in Germany● which speaketh to the Council aforesaid in this manner; The Princes without all doubt or hesitation whatsoever have taken their oaths, and yielded obedience, by themselves or their Ambassadors and lawful Attorneys, unto that sacred Council, as also after that in the Diet of Mentz. The pretended abrogation of this sacred Council being already decreed, admitting of it with certain qualifications, they make no scruple about the power of it, ●he Prag●atique ●●●ction yet in fo●●●. as it is contained at large in the letters set out touching the acceptance of it, in these words; We accept and receive presently, and without delay, with all devotion and reverence, the foresaid Decrees of the holy Council of Basil, with convenient caution, as touching the correction and reformation of the things aforesaid, some simply, as they lie, others with certain forms and modifications. Not that we doubt of the power of that sacred Council which made them, but to the intent that they may stand with the convenience of the times and manners of the said Country of Germany, as it is hereafter specified. The University of Vienna saith likewise to the same Council, That all Christian people called it a Council lawfully assembled, and received it with all reverence. 11 Our Kings of France have approved all these three Counsels of Constance, Basil, and Pisa: to wit, the two former in the Pragmatique Sanction, with certain forms and qualifications, V. Pragmatic. Sanct. in prooem●o. which concern especially the liberties of the Gallicane Church, and do not any ways derogate from the power of the Council over the Pope: for the Decrees which were made in that kind are inserted there by name. And the last, together with the two former, by the letters patents of King Lewes the ●welfth, of the 16 of june 1512. And although Pope Eugenius the fourth was very earnest with King Charles the seventh, to get him to repeal the Pragmatique Sanction, and reject the Cou●cell of Basil, after the translation of it to Ferrara: yet for all that he could not obtain it, but answer was made to his Ambassadors, That the King had acknowledged the Council of Basil for a true Council; V. Nicolaun de Clemangiis in ●as●iculo ●erum exp●●end. Cons●i●utio Ludo●i●● 12. ann. 1499. art. 1. quam vi●e in tit D●s Pragmat● Sanction. in 〈◊〉 Constitut. Franciscus' 1. in Constitut. ●a●ta super B●ll●●●●onis 10 de Valour Benesi●iorum. that he had sent his Ambassadors thither: that diverse good things had been there ordained concerning faith and manners, which he approved of; and that he never accounted that assembled at Ferrara for a Council: That for the Pragmatique Sanction his pleasure was it should be inviolably observed and kept. The same Pragmatique Sanction, which is nothing else but the substance of the Counsels of Constance and Basil, was afterward confirmed by King Lewes the twelfth, after it had escaped shipwreck under Lewes the eleventh, together with the Council of Basil aforesaid, by an Ordinance made in the year 1499. 12 Since that time there was a Concordat made betwixt King Francis and Pope Leo the 10; which derogates from it concerning the point of Elections, Presentations, and such like things, but not in that which concerns the power of a Council. For see here what the same Prince saith of it; to wit, that, To avoid the great dangers which may happen hereafter about the recalling of the Pragmatique, whether such revocation be obeyed or it be not, (which may be foreseen by all such as are well affected) he hath made certain Concordats with the holy See Apostolic. Now in these agreements there is nothing expressed either for the confirmation or abrogation of these decrees concerning the power of Counsels: although that was the main cause that stirred up the Pope's hatred against that poor Pragmatique. And if so, it is yet further to be observed that the University of Paris hath put in an Appeal from such Concordats to a future Council. CHAP. VII. A confutation of their reasons that maintain that the Pope is above a Council. Counsels of Constance and Basil decree Counsels to be above Ppes. THe Popes are in default who have endeavoured to obscure this truth; yea desired to overthrow it in the suit, either by their proceedings, or by their Decrees and their Conventicles; or by the writings of their hireling Doctors, whom it is now my task to answer, but very briefly, because it is none of my proper design: beside, that which I have touched upon above may suffice abundantly. 2 Their main encounter is with the Counsels of Constance and Basil, yet so as they cannot agree amongst themselves about them. For some of them say, It was not absolutely determined by them that General Counsels have power over Popes, but only in one case, to wit, when there is a schism, and it is doubted who is the true Pope. But the very words of the two Decrees which we produced in the former chapter, do sufficiently refel them, so that we need say no more of that. They do not only give the Council power over Popes in case of schism, but in all that concerns the faith, in all that concerns the reformation of the head and members, and all things that depend thereupon. 3 What would a man desire more? Bellarmine knew well enough that this reason is but of base aloy, for contenting himself with the bare mention of it, and quoting of the authors, for his part he hath recourse unto others, but such as are no whit stronger. He saith then, for the Council of Constance, that when it made these Decrees it was not such as had power to determine controversies of faith, inasmuch as it was not then General; that it had but the third part of the Church, to wit, only so many Prelates as obeyed Pope john the three and twentieth, and not those which obeyed Gregory the twelfth, and Bennet the thirteenth. And mark here how he would enervate what was done by a General Council, because of the absence of some schismatical Prelates. By this reason all the Council should be a nullity, from the beginning till the end, and not a part of it only, as he would have it. For the Prelates which acknowledged Gregory for Pope, Platinain Eugenio 4. never assisted at it but persisted with their Pope in that schism, even till the end. And yet Bellarmine affirms that this Council is legitimate and approved: only for the reason aforesaid, he excepts that Session wherein these Decrees were enacted. It was not then such (saith he) that it had power to make these decisions in matters of faith. But, I beseech you, a Council consisting of two hundred Fathers then when it made these Decrees, where the Emperor and many other Princes were present in person; the Ambassadors of all the Kings and Princes of Christendom, except two, the Proctors and Syndiques of all the Nations and Universities in Christendom, and so many persons of another quality in such abundauce that above thirty thousand horse were seen to arrive there at the beginning, as Navelerus testifies. This Council, I say, (according to Bellarmine) could not ordain any thing concerning the power of the Pope and of a Council, The Council of Constance asserted against the Pope. by reason of the absence of some schismatical Prelates. Now let any man be judge, if any thing firm and strong can be expected from Counsels. Now that all those whom we mentioned were at the enacting of those Decrees, is apparent from the very text of the fourth Session: the words are these; The thirtieth of March there was holden a General Session in the Cathedral Church of Constance, in which there were two hundred Fathers, etc. There was also the King of the Romans, with the habit and formalities belonging to the King of the Romans. After mass was done the Cardinal of Florence read certain constitutions which should be observed by the Council, the tenure whereof is set down hereafter: which being read and approved by the General Council, Henry de Piro, Proctor and Syndic for the Germane nation, did desire in behalf of that Nation, that a copy of those ordinances (that is, the Decrees mentioned) might be given unto him: The like was required by the Proctors and Syndics of all the country's subject to the King of the Romans, of the Universities, the Schools, and Ambassadors: there being present at the same time the most illustrious Princes, Frederic Burgrave of Noremberg, Ralf Duke of Saxony, the Count Madesburg, Count Bertold de Vrsinis, the Ambassadors of the Kings of England, France, Poland, Norwey, Cyprus, Navarre, and also john Viscount of Milan, the marquis of Montferrat, and diverse other nobles, and reverend Fathers in great abundance. Shall two schismatical Popes with their Prelates of the same stuff have more authority than all this great multitude? 4 Now that these Fathers were Schismatical (and consequently those of their faction) before those Decrees were ma●e, is apparent from the testimony of Platina himself, who speaking of the first Council of Pisa, where their deposition was decreed before that of Constance, By mutual consent (saith he) they deprived Gregory and Benet of the Papal dignity, Pl●tina in Gr●gorio 12. all nations assenting to that so hard sentence, except the neither Spain, the King of Scotland, and the Earl of Armaniac, who favoured Pope Benet. Now this deposition, together with all the Decrees of this Council of Pisa, Plati●● in Al●xan. ●. was confirmed by Alexander the fifth, who was accounted lawful Pope. And yet Bellarmine will have these two Popes with their Prelates to make two parts of the Church. For see what he says of the Council of Constance; B●ll●rmin. l 2. de Con●. author. cap. 19 It was not then a General Council because there was only the third part of the Church there; to wit, only those Prelates which obeyed john. For those which obeyed Gregory and Benet did oppose that which was done by the Council. He saith further, That there was no certain Pope in the Church, without whom controversies in faith cannot be determined. So that he doth not acknowledge john for Pope, who was then acknowledged by all, and was so ever after until his condemnation. Pla●ina in joanne 24. Platina testifies that he was created at Bononia with the consent of all. It is he that called the Council of Constance: it is he that assisted in some Sessions of it. He was not indeed at the fourth and fifth, where these Decrees were made, by reason of his flight. But he was lawful Pope tho, and continued so still till he was deposed and condemned; which was occasioned by his lewd life, and those crimes committed by him. As also on the other side he acknowledged it for a lawful Council. For upon the very day of the fourth Session, came the Archbishop of Rheims with letters of credence from him, the contents whereof were, Con●. Constanc. Sess. 4. That his sudden departure was not for fear or cowardice, but by reason of the bad air; and that he offered to fulfil all that he had promised to the Council: and when they proceeded to his condemnation, approved of all ● adding that in all things he conformed himself to every ordinance, deliberation, and determination of the said sacred Council: Conc. Constant. Sess. 11. and that he ratified the process made against himself, affirming the Council of Constance is most holy: that it cannot err: that it is a continuation of that of Pisa: and that he would never contradict the sacred Council of Constance. The Council of Constance confirmed by the Pope. 5 But suppose there was no Pope certain, what follows upon that? That the Council (saith Bellarmine) could not deliberate upon matters of faith. This is ever to return to the place whence we came: 'tis as much as to say, The Pope alone is more than all the body of the Council. He hath more authority than it. The council hath not its power from Christ immediately. But see here that which strikes the stroke! Pope Martin the fifth accounted legitimate by all, and confessed (God be thanked) even by Bellarmine himself, hath approved the Acts of this Council in the last Session of it. Bellarmine slyes to his distinctions, saying, He confirmed only such Decrees as concern the faith; such as were made Conciliariter, that is, (saith he) according to the use in other Counsels, after the thing had been diligently examined. And it is apparent (saith he) that this Decree was made at the Council of Constance, without any examination. How does that appear? doth not the passage above recited show the contrary? It is not said there were any disputes or controversies about it: nor that any man did stand out against it: nor that there were diversities of opinions about it. What, is it therefore less valid because it was agreed upon by the common consent of two hundred Fathers? by so many Cardinals, Conc. Constant. Session's 4. et 5. so many men of note? and decreed at two several times, and at two several Sessions? which is a sufficient testimony that it was maturely consulted and deliberated upon. Besides, it is thought sufficient to register the Decrees and resolutions in the Acts, but not the disputes. For example, AEnaeas Silvius tells us at large of very deep and difficult disputes that were controverted at the Council of Basil about this very point; Conc. Basil. Session. 2. et. 3. to wit, concerning the power of a Council in relation to the Pope. And yet he that shall read the Acts of that Council will find nothing there but the bare Decrees, without any mention made of the discussion which was of them. 6 When Eugenius his Legates were arrived at Basil, to preside at the Council in stead of the Pope, by virtue of his letters: They were not forthwith admitted (saith the University of Cracovia) but a greater number of the most learned Doctors in the world were deputed, that having searched the Scriptures and the sacred Canons, they might advise whether these Precedents ought to be admitted to a coercitive Presidence and full authority, such as they demanded, or no. Who having continued a long time upon that deliberation, they were of opinion that this coercitive Presidence ought not to be granted them. And the thing being afterwards consulted upon, it was concluded according to their opinion. Read now the seventeenth Session of that Council, you shall find nothing there but the bare resolution, without a word of this above. So that we believe that this Council of Constance, which consisted of the most learned Divines and Lawyers that were then alive, did not pass these two Decrees till they had throughly examined them: especially considering the thing was put to the trial again. 7 Bellarmine wrongs them to believe otherwise of them; but we shall not wrong him by retorting his exposition upon himself and his Council of Trent; and rejecting all the Canons and Decrees of it, as not made Conciliariter. For there is not a syllable to that effect in the Acts of the Council: but on the contrary we have showed by diverse testimonies, that they did nothing but sup up the porridge which was sent them from Rome. But 'tis strange that in his exposition by the word Conciliariter, he would exempt those Decrees from Pope Martin's approbation. The word to an understanding man signifies no more but Synodaliter, that is, in a Synodical assembly. Now it is certain these Decrees were made in full assembly, and in two several Sessions. What would he more? 8 But I desire all men to observe this one thing; that the Council of Constance was not questioned or controverted of old in this respect, as appears from those passages which we have produced in the former chapter out of the Opinions and Advices of the Universities of Germany and Poland; Council of Ba●il approved by Eugenius. who hold the authority of the Council of Constance for undoubted, and argue from it as from a received and irreproveable authority. Pope Martin did sufficiently approve it, when he took an oath at his coronation. Concil. Const. Sess. 39 To believe and maintain the holy Catholic faith, according to the traditions of the Apostles and holy General Counsels. Conc Basil. Sess. 1. When he called the Council of Basil by virtue of the Decree of the same Council of Constance: considering that that Decree puts a cavesson upon the Pope's nose, and subjects him to a Council, by prescribing a law unto him for the calling of Councels● Conc. Constant. Sess. 39 limiting him the time and form of convocation, and all with the approbation of the Synod; debar●ing him of the power of delaying the convocation. Add hereunto that the Council of Basil approved that of Constance in all things and to all intents, and in particular those Decrees which are now in question. 9 We add that Pope Felix did likewise approve of it in full and express terms, Concil. Basil. Sess. ●. 17.18. & 39 setting down the first Decree of that Council word for word. Wherein is contained the power of it over the Pope. Yet Bellarmine calls it into question again, and saith it was not approved in that point. It was (saith he) lawfully begun, but unlawfully ended. We on the contrary affirm, that it was also lawfully continued and ended: this we prove by the approbation of three Popes. To wit of Eugenius the fourth; First, because Cardinal julian his Legate was present there when those Decrees concerning the power of a Council over the Pope were made, Co●cil. Basil. Sess● 1. with full power on the Pope's behalf. Secondly by his Bull extant among the Acts of the Council, in the sixteenth Session. Behold here the very words. Concil. Basil Sess 16. We denounce and decree that the said General Council of Basil was and is lawfully continued ever since the time it first begun: and that it hath had a continual succession: and that it ought to be continued and prosecuted about the things aforesaid, and others belonging thereunto, as well as if it had never been dissolved. By those words, the things aforesaid, he means the reformation of the head and the members● and others specified before. Platina witnesseth as much in his life. At the beginning of his Popedom (saith he) guiding himself by bad counsel, he put all things both divine and humane in confusion For he stirred up the people of Rome to arms: and authorised the Council of Basil, which was a cause of infinite evils, by reason of his approving the Decrees of it by his Apostolical letters. This testimony cannot ●ee rejected, as proceeding from an historian passionately affected towards E●genius. 10 Nauclerus gives the like testimony. Nau●ler generate 48. Eugenius (saith he) endeavoured to remove the Council of Basil to Bonony: but the Emperor and the rest of the Princes and Prelates which were then at Basil, did not only disobey him; but, which is more, they warned him two or three times to come to Basil with his Cardinals: the proper place, and which was chosen by Pope Martin: otherwise they would proceed against him as a prevaricator and contumacious person. Eugenius being moved with their language, confirmed the Council of Basil by his letters Apostolical, giving every man leave to go thither. When the Legates whom he sent to preside there, Concil. B●sil. Sess. 17. & 18 were received with great solemnity in the presence of the Emperor Sigismond, who assisted there in his Imperial robes, and of some other Princes: the foresaid Decrees concerning the Counsels authority over the Pope were renewed in the next Session following: Ibid Sess 16. & 17. yea at the very time of their admittance and incorporation they swore to maintain the said Decrees. And yet there was no coercitive presidence granted unto them, but with submission to the Council, as appears by those Decrees. Whereto the University of Cracovia adds in the forementioned Advice, That neither the Legates, nor any other on the Pope's behalf, nor he himself did complain of it. The Council of B●sil approved by Popes. 11 The second Pope is Felix the fifth, who was lawfully created by the Council of Constance with great solemnity, and who some years afterwards did resign the Popedom for quietness sake. He declared at the time of his resignation that he approved the Decree of the Council of Constance, concerning the authority of a Council over the Pope, setting it down at large in the instrument which was drawn of his resignation: and consequently that of Basil which hath the same thing. We have quoted the whole passage in the precedent Chapter. 12 The third is Nicholas the fifth, who in general terms confirmed and authorized all and every the Acts of the Council of Basil; and likewise all that was done by Felix in that behalf. Bellarmine denies it, restraining that confirmation to that which the Council had ordained touching Benefices and Ecclesiastical censures But he took no notice of that general clause in the Bull: Extat in Actis Concilii Basil. post ultimam Sessionem. We approve, ratify, and confirm all and every the Acts, deeds, grants, gifts, indults, dispositions, and ordinances (although they be greater and weightier, or of another nature than the former; and although they require a special declaration, which we will have to be accounted as expressed) which have been made or done as well by those that obeyed that Council of Basil and Amedeus, called in his obedience Felix the fifth, as by those that continued together under the name of a General Council at the Cities of Basil, and Lausanne. As also when he was admitted and approved Pope by the Council of Lausanne, he had formerly made evidence that he was thus resolved, to acknowledge the authority of the Council over him, and to approve their Decrees: as it is said in the Act of his confirmation, which passage we urged in the former Chapter. 13 Lastly, Bellarmine in stead of a buckler useth the authority of such Popes and Counsels as have condemned this of Basil. Bellar l. 3 d● Ecclesia militante. cap. 19 He puts Eugenius in the first place, whose hap it was with all speed to confirm the Decrees which are now in question, and all that was done at the Council of Basil till the sixteenth Session: whose hap it was to send his Legates thither to preside there; which they did, afterwards confirming those same Decrees. With Eugenius he joins his Council of Ferrara, saying that it was holden at the same time with that of Basil, and that there were a greater number of Bishops there: that the Emperor of Greece was there in person, with many other Bishops of that nation; and the Emperor of Germany's ambassador: and that the Pope presided there. V. principium Concilii Flo●entini. I will grant him all this; but withal he must know he hath gained nothing by it in the question which we have now in hand: Inasmuch as the Council of Florence or Ferrara began not before the year 1438, at which time, yea a long time before, those Decrees of the Council of Basil which we speak of were made, to wit in the year 1431. And therefore though there might be some doubt about the last Acts of it, yet there can be none about the first. 14 He saith further that all the Church rejected that which the Council of Basil decreed concerning the authority of a Council over the Pope, inasmuch as notwithstanding Eugenius was deposed by that Council, yet she acknowledged him still for a true Pope. The truth is, that Eugenius was taken for Pope by some few Princes and Nations, after his deposition: but the consequence is false, that therefore the Church rejected those Decrees touching the authority of a Council over the Pope. For many approved the one who disliked the other, by reason of their particular affection which they bore to Eugenius. And in deed King Charles the seventh declares in plain terms, Nicholaus de Clemangiis. That he held the Council of Basil for a true Council: that he never approved that of Ferrara: that for the deposition of Eugenius and election of Felix, he never yet did approve of them, nor doth he now approve them. The Bishop of Panormo saith, That all the Ambassadors of the Emperor, Kings and Princes, The Council of Basil approved. which were at the Council of Basil before, stayed there, notwithstanding the pretended translation of it to Ferrara: and which is more (saith he) the King of France did expressly forbid any of his subjects to go to Ferrara to celebrate the holy Ecumenical Council upon pain of great penalties, always acknowledging the General Council of Basil. Vid. Naucler. generat. 28 AEnaeam Sylvium in ●onc. Basil. Et Panor●● in tract. de Con●. Bas●l. This author is irreproveable, considering he was sent to the Council of Basil by Eugenius, to cause that Council to cease: so far forth that, in favour of him, he there disputed against his conscience; maintaining some false opinions which he afterwards recanted in his writings. 15 To make it more evident that the pretended rejection of the Council of Basil concerns only the deposition of Eugenius, and that it was received for all beside, we will here produce the very words of a protestation made by King Charles the sixth. The King protesteth as a most Christian Prince treading in the footsteps of his predecessors, that he will obey the Church duly and lawfully assembled. But forasmuch as diverse honest and grave personages doubt whether the suspension and deprivation (of Eugenius) and the election (of Felix) made at Basil, be well and canonically performed and celebrated; and that it is questioned, whether that assembly, then when these things were done, did sufficiently represent the Church Catholic, to proceed to such great matters and so important: the King persists and remains in obedience to Eugenius, in which he is at this present. This protestation was made the second of September 1440, and is printed with an oration of M● john Gersons. All the * ●is●ioulus temporum in Imp●●●●. Frederic. ●. sub ann. 143●. Nav●l●rus ●enera●●. P●●lu●●angius in chronic. 〈◊〉 sub ann● 1●●1. Bergon●ensis l. 15. sup●lementi sub ann 1438. Historians that have writ of this Council do highly comm●nd the beginning of it, and find no fault with it, no not in that which concerns the reformation of the head and members. But for the end, they say that was shameful 16 Bellarmine saith further, that the Fathers of the Council of Basil did submit themselves to Pope Nicholas the fifth; as also Pope Felix, whom they had created, did yield to Nicholas the successor of Eugenius. We answer, that for the quietness sake of the Church, Felix did resign the Popedom, and yielded to Nicholas; as the act of that Session hath it: and that Nicholas was created Pope anew by the Council of Lausanne, which was nothing else but that of Basil: and that this very Pope confirmed the Acts of the Council of Basil. Now in the Act of his creation there is this amongst other things: We have declared that peace is necessary, yet so as the authority of the Church be always preserved entire, according to the determination of the holy Council of Constance. And afterwards; The holy Synod lawfully assembled, representing the Church Catholic, with mature and concordant deliberation, hath chosen the well-beloved son of the Church Thomas for supreme Bishop, calling him by the name which he is now called, Nicholas the fifth. This was done in the year 1449. In the same Act it is said that the Kings of England, France, Sicily, and the Dolphin did much further that union. 17 Bellarmine urgeth Leo the tenth against us also, and the Council of Lateran, which was continued and ended under him, after it was begun by julius the second. For the better judging of the validity of this Council, we must know the cause of it, as Onuphrius a witness beyond exception doth deliver it. Onuphrius Panu●nus. ad Platinam in julio 2. The French being puffed up with the good success of their affairs summoned Pope julius the second to a Council which should be holden at Pisa the first of September, as it was agreed upon betwixt them and the Emperor, and the Cardinals that were revolted from the Pope: who having laboured to make peace with the King of France Lewes the twelfth, upon condition of recovering Bonony and dismissing this Council of Pisa: seeing that he was grown insolent after his victory, and that he obstinately refused to hearken unto him, by the advice of Anthony de Monte, he called the General Council of Lateran to Rome, to defeat the Conventicle of Pisa. And beside he excommunicated the King of France, the Florentines who had received the Council into the City of Pisa, The occasion of ●he Pisa● Councils. and all those that were assembled thither. He deprived five Cardinals of all their honours and dignities, who had been the authors of that Council. He labours to slight the authority of this Council, by setting down the small number of Cardinals, yea by minishing of them contrary to truth. For by the Acts thereof it appears that there were other five besides those whose names he rehearseth. The author of the Dialogue upon the death of julius reckons nine. Nine Cardinals (saith julius, who is the speaker) revolt from me, proclaim a Council; invite me to come to it, desire me to preside at it: when they cannot obtain that, they call it themselves, and summon all the world unto it, with the authority of Maximilian as Emperor, and Lewes the twelfth, King of France. But let him make the number as little as he will, it may suffice our other Frenchmen, yea all good Christians, that this reverend Council of Lateran was not called out of any zeal to religion, but only to break that of Pisa, and to hinder the reformation which they would have made of the head and the members. But it is fitting to show thoroughly the validity of that of Pisa, and the nullity of the Lateran● to the honour of our Kings, and the shame of the Popes. 18 The world had a long time gaped after that so much desired reformation of the Head and the members: ●ivers Counsels had been holden for that end, but still in vain, by reason of the Pope's craftiness. I will say nothing without good warrant: that is a thing must be looked to nowadays. Give ear therefore to the instructions which the Cardinals that called the Council of Pisa gave to joannes Baptista de Theodorico, and Francis de Treio whom they sent to Rome; Having not had any General Counsels (say they) for so many years, and however some few were assembled, as we find that there have been five within these hundred years last passed; viz. that of Pisa, Constance, Sienna, Basil, and Florence: yet for all that the Church hath not been reformed effectually, by reason of those impediments and quarrels which have intervened: and the Lords field in the mean time is overgrown with briers and thorns, that must of necessity be purged by a Council. Upon this occasion also it was religiously ordained by the Counsels of Constance and Basil, that Synods should be held every ten years. 19 But this being neglected by the Popes after the Counsels of Lausanne and Florence, at last the See coming to be void in the year 1503, the Cardinals before they went to a new election, bound themselves by an oath, that he amongst them upon whom the election should light, should be bound to call a Council within two years after: and they drew an instrument hereof, whose inscription runs thus; The things underwritten are the public chapters ordained betwixt the supreme Bishop that shall be, and the right reverend Cardinals unanimously, and with common consent for the defence of the liberty of the faith, and the reformation of the Church in the Head and members. Then follows the text; We all and every one of the Cardinals of the holy Church of Rome here underwritten, do swear and vow to God Almighty, to the holy Apostles Peter and Paul, and promise to all the saints of holy Churchy that if any of us be chosen Pope, presently after the solemnity of his election, he shall swear and vow purely, and in all simplicity, and good truth, to keep and cause to be effectually fulfilled and kept, all and singular the Chapters here underwritten, and to require all notaries to send out public Bulls of the same. 20 First of all he shall swear and promise, that, in case of necessity of assisting faithful Christians, etc. There are yet some more Chapters, and then it is said; Item, forasmuch as it is very important to call a General Council with all speed, for the peace of Christians, the reformation of the Church, the abolishing of many exactions● as also for an expedition against the infidels: he shall promise, swear, and vow to call it within two years after his creation, and to begin it effectually in some place of freedom and safety; Pope julius his oath, and perjury. which shall be chosen by him and two parts of the right reverend Lord Cardinals, by † Little stones whi●h Electours 〈◊〉 giving o● voices. ballots. The oath and vow made by the Cardinals concerning the things aforesaid. 21 We all and every one of us the Cardinals of the holy Roman Churchy assembled together at Rome in the Palace Apostolic, for the election of a future Pope of Rome, confirming the Chapters aforesaid, agreed upon amongst us with consent and concord, for defence of the Catholic faith's Ecclesiastical liberty, reformation of the Church in the Head and members, and for the band of charity and peace betwixt the supreme Bishop and the Cardinals of the Church of Rome his brethren; do vow to God, to the glorious Virgin Marry his mother, to the blessed Apostles, and to all the Court of heaven, swearing upon the holy Gospels corporally touched, one to another, and also to the public notaries here underwritten, as legal persons covenanting in the name of the holy mother Church, and of our sacred College, and of all others that have any interest therein; that whosoever amongst us shall be chosen Pope, he shall fulfil and keep all and singular the things contained in the said Chapters, without all coven, fraud, and treachery, and without using any exception: that he shall not countermand●ny of them directly or indirectly, openly or privately: that after his election, or before the publication of it, he shall confirm all the things aforesaid, and shall approve them in authentic form, and s●all make an absolute promise of them anew; yea and that in manner of a contract, etc. There are yet some other clauses to restrain him further, which need not be rehearsed: they being all bound and tied by this vow and solemn oath, julius the second was chosen Pope, being one of them that had sworn so religiously; who to satisfy what was promised, made his Papal oath in this wise. The subscription, vow, and oath of Pope julius the se●●nd concerning the things aforesaid. 22 I julius the second, Pope, being chosen to the dignity of supreme Bishop, do promise, swear, and make a vow, to fulfil and keep all the things aforesaid, and every of them, wholly and entirely, purely, simply, in good truth, readily and effectually, upon pain of perjury, and anathema; from which I will neither absolve myself, nor procure myself to be absolved by any other. So help me God and the holy Gospels. All this was done in the year 1503. Now julius so little regarded those two oaths so solemnly sworn, that he let not only two years go, but even six or seven over and above, without ever taking any great thought of accomplishing his vow. Whereupon the Emperor Maximilian, King Lewes the twelfth, with a number of Cardinals and diverse other persons being scandalised, especially because julius, more strongly representing an Emperor than a Pope, did employ himself in wageing war, they resolved to take order for it; and to that end those Cardinals, upon request made unto them by those two Princes, called the General Council of Pisa, in default of the Pope, the year 1511. Which the Pope perceiving he called his at Rome, to quash the other, as Onuphrius told us. So that the one is called upon a lawful cause● the other to a very bad end. 23 This is not all. The Council of Pisa submitted so far to Pope julius, that when they saw he was determined to keep a Council, they desired him to have it in some free city, and of safe access; julius' the 2. his demanour. which if so, than they offered to come unto it. For you must take notice by the way, that this was another julius Cesar, which made his armour ring all Italy over, and that even against the Gauls aswell as the former whose name he bore: Yea they came so far as to entreat him to make choice of any one of those ten free cities which they should nominate in diverse Provinces: or himself to nominate as many in Italy, which were not under his temporal jurisdiction, nor under the Venetians, and they would agree of one of them; To the end (say they) that it may be evident to every one that the holy Council proceeds in all things with bounty, humility, and peace; and that they do not deny your due reverence, they have thought good to send their Orators unto you with express charge and special power, that the cities here mentioned, be presented to your Holiness in the name of the Synod, which are most of them Imperial cities: to wit, in Italy, Vercel, Turin, Casal of Montferrat, and Verona: Out of Italy, Geneva, Constance, Besanzon, Mentz, Avignon, and Lions, to choose which of them you please: after which choice the Council will remove thither, etc. But if your Holiness think it not fit to accept of any of these places, for the greater evidence of the good meaning of the Synod, and to make their reverence towards the Pope more plainly appear, it is left to his power to nominate as many Imperial cities in Italy, so they be not within his temporal dominions nor the Venetian jurisdiction, etc. 24 The Orators of the Synod having sent a messenger from Florence to Rome, to get a safe conduct of the Pope, they had no list to go any further by reason of the ill entreating, the injuries and beat done to him whom they sent; who was compelled for fear of prison or death, to return without doing any thing: of which there was an Act and instrument drawn, which is extant amongst those of the same Council. The Synod being advertised hereof, did resolve to expect yet thirty days, to see whether the Pope would alter his resolution: whereof intimation might be made unto him by placards set up in places next adjoining, because free access thither could not be had. All this is related in the very Acts. We may do better to set down the very words of them. But forasmuch as the said Orators, as soon as they were arrived at Florence, sent a faithful and loyal messenger to the Court of Rome, to procure a safe conduct from the Pope. Which they not only did not obtain; but, which is worse, the messenger was so horribly threatened, that he was constrained to fly for fear of prison or death, and to return again to the said Orators, (as appears more at large by the instrument made thereupon) the holy Synod granteth & appointeth another term of thirty days, etc. And forasmuch as it is notorious that there is no free access to the Pope, the holy Synod ordains that this decree of prefixing this term be published and intimated to his Holiness, by bills set up (if it may be done) in the neighbouring places and next adjoining; whereby probably it may come to the knowledge of the Pope, or at least to the Cities of Milan or Florence. 25 The Pope in stead of accepting what was fairly offered him, on the contrary commanded all those of that Synod to depart from thence, upon pain of losing their offices and benefices, say the same Acts. Yea he and his Council went so far as to excommunicate King Lewes the twelfth, and the Cardinals that were at Pisa, Onuphrius in julio 2. (as saith Onuphrius) putting the Realm of France in an interdict, and stirring up the Kings of Spain and England against our Prince, the one whereof brought over his armies into France, and the other into the Kingdom of Navarre, (as the same author hath it) a great part whereof he conquered, and yet holds by that only title. It is further to be observed, in behalf of our France, that there were a great number of Bishops and other Prelates, and Ecclesiastical persons of this Kingdom present there at Pisa, and besides the deputies of the Universities of Paris, Tholouse, and Poitiers, julius' the 2. his condition●● as it is recorded in the same Acts. So that whatsoever was there done by Pope julius, doth principally redound to the discredit of this Nation. 26 But that it may more clearly appear what manner of man this julius wa●, we will here set down what the Legend of Flamens saith of him, an ancient book and not to be excepted against in this case. O Pope julius (saith it) who waste surely the abomination of all desolation, (as a modern author testifies) durst thou falsify thy faith, desert St. Peter's chair, and usurp the title, not only of julius Cesar, (for he never falsified his faith, nor ever went against his loyalty, as thou) but of julian the Apostate, whose name thou hast borne for a long time, (Conveniunt rebus nomina) and unfold and display the Apostolical keys, and the three crowns in the field? sleep in the watchtower? God knows how bravely he made the crosses, crosiers, and mitres to clash and flourish in the camp. The devil himself durst not have come there. For benedictions and plenary indulgences à poena & culpa marched so thick as nothing more. And to prove this true, in the month of August last passed, when I complained to one of the late Pope Leo's Chamberlains, of the inconstancy, or rather disloyalty and treason of Pope Leo the tenth, who against his faith and promise so solemnly sworn at the Parliament of Boloyne to the most Christian King Francis of France, had declared himself the King's enemy, wondering with myself at the little fidelity and loyalty of the modern Popes; more especially of the two last, julius the Genoois, and Leo the Florentine, considering that in former times the Popes would have chosen to suffer death rather than break their promise; he swore and protested unto me, that when Ferdinand King of Arragon, came out of his country of Spain, into the City of Savoy, the same Pope julius had sent him an absolution from the treason which was then hatched, and plotted to cozen King Lewes of France. He speaks more of this point than I was aware of: for he joins Leo the tenth with julius. And if I were not afraid to be censured that I went about to expose the personal vices of this Leo, contrary to my protestation, Paulus Langius in Chron. Citiz●nsi. sub ann. 1●1● I could here represent him all loaden with vices and crimes. It shall suffice me to refer the reader to those that have spoken of his life, and amongst others to Langius a Germane Monk. 27 See here then the two authors of this Council of Lateran, which is now opposed against the first and second of Pisa, those of Constance, Basil, Sienna, and Lausanne, and against our Pragmatique Sanction. The former called it, and the latter continued it. The former triumphs victoriously over the Council of Pisa; and the latter over the Pragmatique Sanction; and together with it over the Counsels of Basil and Constance, if we may believe them in this point, and let them alone here. We may then affirm that this Council of Pisa was lawfully called, and upon just and necessary causes: and on the other side that this of Lateran ought to be reputed schismatical and illegitimate, being it was assembled by a Pope doubly perjured and contumacious, only to serve his own passion, to decline a reformation, and live in disorder: to make a mock of that laudable design of the Princes and Clergy, who dreamt of the good of Christendom. But the French are unworthy the honour of their nattion, if they do not for ever detest and abhor this pretended Council, which did so much mischief and trouble to that great Prince Lewes the twelfth: which did anathematise him, and interdict his kingdom: which raised up armies on all sides to assassinate him: which made the fields blush with blood: which caused the towns and kingdoms that did him homage to be invaded: which pronounced a nullity and flaw against that which was ordained and decreed at the Council of Pisa by the most famous Prelates and Universities of this Realm. Councils of Lateran but a Conventicle. 28 Signauter dico, which did interdict both the King and Kingdom: for it is not julius alone but all his Council. In the third Session whereof was that thundering Bull of his made, which remains there yet all entire. Out of which I have collected this piece. Sessio 3. Concil. Lateran. ultim. V quoque Session. 2. With the approbation of the sacred Council we condemn, reject, detest, and declare to be void, invalid, and of no effect, all the acts, facts, gests and writings published and ordained by the children of damnation, Bernardin Caravaial, William Brizonnet, Renald de Pria, and Frederic de Saint Severin, heretofore Cardinals, together with their favourers, abettors, and complices, Schismatics and Heretics: who endeavour to break the union of the holy mother Church by the Conventicles of Pisa, Milan, and Lions. We do likewise, with approbation of the same Council which hath full cognizance thereof, renew our letters, whereby we have interdicted the Kingdom of France, because of the approving, favours, assistance, and adherence of the said King of France, and other Prelates, Officers, Nobles, and Barons of that Realm, unto those schismatics and heretics for the keeping and continuing of that damned and reprobate Conventicle of Pisa. And we submit unto this interdict, the said Kingdom, with all the towns, territories, cities, and other places whatsoever. 29 I am not ignorant that after this Pope was dead, the same King Lewes, who had approved the Council of Pisa by his letters patents of the 16. of june 1512, verified in Parliament, came afterwards to dissolve and renounce it, that he might join with that of Lateran which had changed the master; Sess. 8. & 9 Conc. Lat●ran. and that because of the good affection which Leo the tenth● the successor of julius showed towards him. I know likewise that the Concordat betwixt the same Leo and King Francis, was afterwards made, which is recorded in the eleventh Session of that Council; and that afterwards in the same Session the abrogation of the Pragmatique Sanction and the Council of Basil, for as much as concerns the power of a Council over the Pope, was concluded. But I answer that this Council of Lateran was then but a mere Conventicle, Sess. 11. Conc. Lateran. considering it had in all but sixteen Cardinals and what Patriarches, what the Pope's assistants o● Orators but eleven, with fifty three Bishops, one Abbot and four Generals. Of which it was said by the University of Paris in the Act of Appeal put up by them, That it was not assembled in the name of the holy Ghost. This we urge of purpose against Bellarmine, who holds that the Council of Constance was not Ecumenical, for what concerns the Decrees of the fourth and fifth Sessions, though there were to the number of two hundred Fathers, because some schismatical Bishops were absent. Besides, it is certain that the abrogation of the Pragmatique and the Council of Basil, as touching the power of Counsels over the Pope, was never approved in France no more than in other places: and this was it was disputed at the time of the Concordat, and which they would never yield to. 30 For proof hereof there needs no more but the reading of the opinions of certain Bishops in that Council, which are set down in the eleventh Session then when that point was canvassed. Sess. 11. Conc. Lateran. After the reading thereof (say the Acts) their fatherhoods were asked whether this Concordat pleased them. They said all plainly that it pleased them● except the reverend Father Domenic Bishop of Lucerin, who said the things contained in the Bull pleased him, always provided that the French accepted the other Bull containing the repeal of the Pragmatique Sanction. Two other Bishops were of the same opinion: but all the rest went along so as that our Pragmatique and the Council of Basil stand good still. Besides, it was abrogated for as much as concerned the contumacy of Prelates, Chapiters', Parliaments, Laymen, & other French which stood upon that pragmatique, who had been cited diverse times in vain. Lo here now a strange manner of proceeding, A Council is above the pope. Reasons to the contrary answered. to pronounce a sentence of condemnation after a solemn agreement made, to compass that means what was denied them by the compact. And as for the abrogation of it made afterwards by the same Session, it is repugnant to this agreement, which being made only about certain chapters of the Pragmatique Sanction, the rest that were never touched upon remain still in their full strength. 31 Besides, the University of Paris put in an Appeal to a future Council about the abrogation both of the Pragmatique Sanction, Theses Fratri● Heliae Beauva●● Minoris Su●murensis sub praesidio Emundi Richer. Doct. Theol. Sorbon. anno 1599 die 11. mensis Mat. and of the Council of Basil; testifying by that very Act that they firmly believe that a Council is above the Pope: and in very deed there is none but knows that this University holds the contrary opinion for heretical unto this very day; and Theses are ordinarily proposed and disputed against it; one whereof myself have seen, and have it in my custody, conceived in these terms, Concilium supra summum Pontificem eminet maximè. A Council is eminently far above the Pope. CHAP. VIII. A refutation of those reasons which Pope Leo with his Council of Lateran urgeth to prove his authority over Counsels. 1 IT is not enough to have laid open the lightness of Belmines' reasons; Council Lateran. Session. 10. we must answer those of the Lateran Council. Leo then and his Conventicle after they have set down this rule, That the Pope is above a Council, and that by virtue of this power he may call, change, and dissolve it at his pleasure, he underprops it with diverse reasons: The first is this; V. Epist AEgyptiorum ponti●. ad Felicem Papam. That the Council of Alexandria where Athanasius was present, writ to Felix Pope of Rome, how the Synod of Nice had decreed that Counsels ought not to be kept without the authority of the Pope of Rome. 2 This authority is taken out of the Epistle of the Egyptian Bishops written to Pope Felix, which is suspected for supposititious by all those that have any clear insight, and which know how they can tell to forge things at Rome, where instead of all other miracles they have kept this of making dead men speak. But granting it be genuine, our answer is, that there can nothing be concluded from thence, but only that General Counsels cannot be valid, unless the Pope of Rome be summoned thither; seeing he hath as much to do in them as other Patriarches: which is particularly mentioned of him rather than others, because of his remoteness; by reason that generally Counsels were most commonly holden in the East. For this very reason he had power to choose for his ordinary Legates the Bishops of Athens, Corinth, Crete, and others of those Countries, notwithstanding that they were beyond his bounds, and not subject unto him, as a Patriarch of Antioch hath it. But we have spoke sufficiently of this in another place. Theodorus Balsam. in praesat. ad 6. Synod. in Trullo. 3 The next reason is, because Pope Leo removed the second Synod of Ephesus to the City of Chalcedon. We read indeed that Pope Leo complained of the second Synod of a Leo Epist 23. Ephesus: Po●es ●●moved Cou●cels but with their cons●●●. that he entreated the Emperor Theodosius to call another in Italy, to have an account of the former: that he employed b Leo Epist 24. vide etiam Epis●ol●s L●●en●ae & ●acidiae ad Thendos. & Epist Theod●sii ad Valentinian. in praeambulis epist. ad Synodum Chalced. Valentinian, the Empresses, yea all the world to obtain that request of Theodosius, who played the deaf man, and would not hearken to it ● c Epist. Valentinian. & Martian● Et altera ●jus dem Martiani a● L●on●m & al●●ra ●orundem ●mp ad Episc●pos in praeamb epist. that after his death the Council was called by Valentinian and Martian, not in Italy, as he desired, but at Nice in Bythinia: that the same d L●o ●pist. 41. Leo having entreated that it might be deferred, could not obtain so much at those Emperor's hands: e ●pist. Imp. Valent. & Ma●●i●n. a● Concil. Ni●en. ●n pr●eam●. Epist. Concil. Const. Session. 39 that they afterwards translated that Council from Nice to Chalcedon. But how should we believe another man that Leo translated it from Ephesus to Chalcedon, when he himself saith the contrary? Who could better know than himself? What can be more authentic than the very letters of the Emperors that were the authors of the translation, which are joined with the Acts of the Counsels? But grant that he transferred the Council from one place to another: it is a very weak consequence to say, therefore he is above it. The Emperors will have as much authority as he, who transferred them from one place to another; yea and made them come all in corpse after them from one country to another, to render a reason for what they had done, as we have proved elsewhere. 4 Let us come to the third reason. Pope Martin the fifth gave his precedents at the Council of Sienna power to remove the Council, without any m●ntion made of the consent of that Council. If Leo and his Council will make us believe that, they must abolish the memory of all those other precedent Counsels. It was decreed in the thirty ninth Session of the Council of Constance, That Counsels should be kept from ten years to ten years, in such places as should be nominated by the Pope within a month before the end of every Councils with the approbation and consent of the Councls, or in case of his default by the Council itself. It is further said, that the place being once appointed, it shall not be altered by the Pope without apparent necessity; in which case he may do it with the consent of the Cardinals, or two parts of them. According to this Decree, this Pope Martin, of whom we speak before the breaking up of the Councell● did nominate the City of Milan for the holding of the next Council that should be called. Which he did with the consent and approbation of the said Council, Concil. Constant, Sess 44. as it is affirmed in express terms. When the question was about going to keep that Council, the same Martin sent forth a Bull containing the creation of his Precedents to assist there; declared the nomination which he had made with the consent and approbation of the Council; Extat haec Bulla in 1. Sessione Council. Basil. and gave them power upon lawful cause, to translate it from one city to another, to prorogue it, dissolve it, preside at it, make Decrees, and other such like things. But with this clause, which relates to all the things aforesaid, Eodem approbante Concilio, with the approbation of the same Council. 5 But this is not all yet. When the Council was assembled at Sienna, he was earnest with the Fathers thereof to change the place: they consulted upon it, and resolved to go to Basil: Concil. B●sil. Session's 1. So say the Acts, The Precedents convoked the Deputies for all the nations of the present Council of Sienna, about choosing the place for the future Council. And anon after: They did nominate and choose the City of Basil unanimously and with one common consent. And yet after, it is said, That the Precedents assented to the nomination which was made by the Deputies. Now how shall we believe this alteration was made, or that Martin did attempt to do it without the consent of the Council? He, I say, who approved the Decrees of it, which is more, as it hath been demonstrated in another place. 6 The fourth reason is, That diverse Synods have given a great deal of reverence to Popes, and have obeyed their injunctions and commands with all humility. There was no necessity of saying so much for fear it should be denied. For reverence sake a great deal of honour was ever done to the See of Rome: Popes not obeyed by Counsels. it was acknowledged to be the first in degree and dignity, but not in power and authority. Besides, the Pope was put to wrestle for honour with the Patriarch of Constantinople, and the Archbishop of Ravenna, by reason of the translation, the one of the Imperial seat, the other of the exarchat into their Cities, pretended that they had got the prerogative of honour. The other patriarchs had scarce any less than he; sometimes more was done unto them, and sometimes less. The Popes for their part ever made good use of it: they were never ashamed to proclaim their own praises, and they lost nothing for want of challenging. They have often turned the fair proffers which were made unto them into strict obligations; and have monopolised to themselves what was common to all. But to do them a courtesy, let us grant them some special favour and prerogative. From all these honours and respects there can be nothing concluded: as for authority and power, we have no more to do, but set up our staff there. 7 The last is more pressing, which speaks of the humble obedience which General Counsels have done unto them. Let us therefore examine those examples which are urged upon us. The first Council of Ephesus granted it to Pope Celestine in obeying his Decrees. What a lie is this! Pope Celestine in a Synod which he held at Rome of the Western Bishops, condemned the opinion of Nestorius' Bishop of Constantinople: gave notice of the determination of his Synod to Cyrill Patriarch of Alexandria: and before he speak of the General Council of Ephesus, he entreats the same Cyrill to cause that to be put in execution which had been defined at Rome: from whence an argument for his presidence is drawn, as much to the purpose as the rest. Being advertised of the Council of Ephesus, he sends his Legates thither; of a truth they speak some magnificent things tending to the Pope's advancement, but of which they can make no great booty; saving only that the Council was glad that the definition of the Western Bishops was found conformable to that which had been made by the Eastern. V cap. 16. To. ●. Act. Conc. Ephes. Vid c 17. ibid. And to this intent The Synod decreed, Considering the Legates of the See of Rome have spoken such things as are conformable to what had been formerly determined, they would subscribe to their Acts, that they might continue constant to their promises. And presently they sent letters to the Emperors, Theodosius and Valentinian, wherein they say, That God hath touched the hearts of the Western Bishops with a godly zeal● for although the length of the journey did not permit all that multitude of Bishops to come to Ephesus, notwithstanding being all met together in one place. the most holy and most devout Celestine Bishop of Rome, being present and presiding amongst them, they have determined in point of faith conformably to what we had defined; and have declared those that are of a contrary opinion unworthy of Priesthood, and of all Ecclesiastical honours and degrees. And Celestine the most holy Bishop of great Rome had signified by his letters this opinion of his, and of those that were with him, before ever there was any mention of holding a Council at Ephesus: and had sent to Cyrill the most holy Bishop of Alexandria, and well-beloved in the Lord, to prosecute and perform what had been concluded upon at the Synod of Rome, substituting him in his place. And not content with that, he hath now repeated the same things again by other letters directed to this Synod assembled here at Ephesus by your command, which he hath sent by his Legates, which do represent at this present his person in the Council. All this they inform the Emperors of, to let them see that the condemnation of Nestorius was concluded by the common consent of the Church Universal. 8 Now if they call this obeying the Pope's Decree, Conc. Ephes. To. 1. cap. 14. et 16. we may say as well that the Pope obeyed the Decrees of the Council of Alexandria holden by Cyril, in as much as when he had notice of them from Cyril, he wholly conformed himself unto them. Counsels not v●lid because confirmed by Popes. The Council of Chalcedon did strictly examine the confession of faith which was sent them by Celestine; yea and mended something which did not run well; gave leave to any that would to contradict it; cast him in the case of honour which he took in great disgust. In that answer which was made unto him this piece is indeed to his advantage, Synod Chalced. in allocut. ad Marcian. Ib. Act. 16. Ib. Act. 23. That he was to the Council as the Head to the members in the person of his Legates. But this is in regard they were as a head to the rest of the Clergy, as having the first degree of honour, yet without presiding there; as we have expressed at large in another Chapter. As for the humble obedience in question, they must seek it elsewhere: for there is no more spoke of it here than is to Pope Agatho, Hadrian and Nicholas in the sixth and eight Counsels. 9 The Council that yielded the most to the Popes was the eight General, holden at Constantinople, which granted Hadrians' Legates the Presidence, (which the rest never did) and which decreed with a great deal of respect concerning the accusations of Popes. But it never came so far as to do him humble obeisance, or to acknowledge him for its superior, as is pretended. 10 The fifth reason is the declaration which the Bishops of Italy made to the Bishops of Illyrium touching the Council of Ariminum, which they said was invalid because it wanted the Pope of Rome's consent: and Pope Leo's declaration to the Bishops of Sicily, wherein he pretends the very same reason. We have an epistle of those Bishop's extant at this day, by the means of that learned French man, to whom all Christendom is so much beholding, which discovers unto us the Pope's cunning to manage their designs. They condemn indeed the Council of Ariminum: But why? that they tell us, We do justly reject the Decrees and determinations of the Council of Ariminum, V. F●agmenta D. Hilarii. with the consent of all the Provinces, as having been corrupted by the prevarication of some body. We send you the copy hereof, to the intent that there may be no difference neither in retaining the same saith, nor in rejecting the Council of Ariminum. As for Pope Leo we make no question but he might have done that which is put upon him, although the letter which he writ to the Bishops of Sicily make no mention of it. For he only tells them that they must send every year three Bishops to Rome, to assist at the Synod which shall be holden there. Which cannot be referred to a General Council. And for the rest, no body denies but the Pope hath the same power in respect of the Churches which depend upon him, which the other patriarchs and Metropolitans have, 11 But let us grant what they say of him. There is nothing got by it; it is a domestic testimony, and of one that is himself a party. He that hath at other times disputed the presidence of Counsels, is now in question himself in his own cause and his successors. Besides, we have spoken sufficiently elsewhere of the approbations and subscriptions of the Acts of Counsels which were desired at the Pope's hands; that they desired as much of other Bishops to maintain the union and intelligence of the Church, from whence no advantage will accrue to the Pope: and yet● for all the Council of Lateran makes this a strong ground: as neither from that which the Council of Constance did, which our Lateran Fathers have put in the list too, thereby tacitly approving it. Of whom I demand lastly, Why then do they not observe its decrees touching the power of a Council, seeing they can find no flaw in them? They take at nothing but the Council of Basil, and this poor Pragmatique; and that by reason of the sauciness of them, as they intimate unto us by those words, Which was likewise observed by the Fathers of Constance: which laudable custom if those of Bourges and Basil had observed, without doubt we should never have all this ado. This for the point of approbation which Counsels required at the hands of Popes. Of the Pragmatique Sanction Let us then leave our Bourgeois and Basilians there, and confess they were to blame to exempt the Pope from trouble. But what had the Council of Constance to do with it, that the Decrees thereof must be abrogated for this? Besides, is it not a fine argument, to conclude that the Pope is above a Council, because that of Constance demanded the approbation of their Decrees at his hands, whereas by the same Decrees they make the Pope inferior? 12 See here all their reasons, Extat Ludov●ci 12. Constitutio in Se●sione 4. Council Lateran. saving that they urge the abrogation of our Pragmatique made by Lewes the eleventh, and consequently of the Council of Basil. To which we cannot answer but to the shame of Pius the second, who having wrought wonders against the Popes at the Council of Basil, having even writ the history of all that passed there with exceeding approbation thereof, when he came to be Pope urged King Lewes with the performance of a promise which he had extorted from him when he was Dolphin, of repealing that pragmatique as soon as he should come to the Crown; and he never gave over soliciting of him by letters and Legates till he had his desire. So then the pragmatique was repealed by this Prince with the advice of a few: but was set up again presently after with the consent of many, having perceived the prejudice done to France by him. We must confirm all this by good witnesses. 13 M. john le Maire relates many things about this particular; jean le Maire en a● party de la differ. des Schisms. it is fit we hear him. Forasmuch (saith he) as the Popes are not content that the pragmatique Sanction be in force, although it be founded upon the holy Canons, and authorized by the Council of Basil: But it derogates from the insatiable covetousness of the Court of Rome, and therefore they say it is a pure heresy. Pope Pius the second imagined by all means to persuade and put it in King Lewes his head to abrogate and put all down: under colour, as the Pope pretended, that the said Lewes when he was then but Dolphin had promised the Pope, that when he came to the crown he would abolish the said Pragmatique. And to bring this about, Vid. etiam Gaguin. lib. 10. hist F●anc. presently after the King's coronation Pope Pius sent the Cardinal Monk D'Arras for his Legate into France. The Legate being arrived in France put the King in mind of fulfilling his promise: and the King being willing to condescend to the Pope's desire, at least making a show of so doing, dispatched his letters patents in ample manner, directing them to the Parliament of Paris, and sent Cardinal Balue thither to have the Decree of the Lords of the Parliament thereupon. But when the ●ase was discussed, the auditory of the Court being present, the King's Attorney, called john de Rome, a sharp man, of great eloquence and courage, strait opposed himself against it; boldly affirming and maintaining that a law so holy, so redoubtable, and of so great benefit to the kingdom, ought not to be repealed. In like manner the University of Paris joined with the King's Attorney, and appealed from all the Pope's attempts to a future Council. At which things Cardinal Balue, a wary, malicious, and stout man, was much offended and used big words: but all this notwithstanding he returned to the King again without doing any thing. And so our Pragmatique continues still in force, save that the King did afterwards bestir himself to cause his letters patents to be verified. 14 Now that he made this repeal without counsel, we prove from Pope Pius, Pius 2. Epist. 401 ad Ludovicu●. out of his letters gratulatory which he sent to him thereupon. Mean while we commend that (saith he) that you have determined to disannul this Pragmatique without the assembly or advice of many, as the same Bishop hath given us to understand. Certes you are wise, and you bewray a great King, to govern and not to be governed. See here the good counsel of the Pope● but which did not thrive very well with him: for this default made all be cancelled. Malum consilium consultori p●ss●mum. Let 〈◊〉 hear yet his other elogyes concerning that repeal. Pius the 2. his inconstancy. You were reserved till these times to restore her liberty to the Church of Rome, by abolishing errors, that is, the Pragmatique. And in another passage. You do what is meet, knowing that the Pragmatique is godless, you have resolved to abolish it out of your Kingdom. The rest may be seen in the author himself. 15 But let us here observe the inconstancy of this Pius, who saith in his Commentaries of the Council of Basil, that every one held the conclusion of the Bishop of Arles (who presided there) in admiration, AEnea● Sylviu● l. 1. de gestic Conc. Basil. concerning the authority upon a Council against the Pope: as undertaken by the special favour of the Holy Ghost, saith he. In another place he extols the integrity and devotion of those Fathers with exclamation, Idem lib. 2. matter● Now our Pragmatique is nothing else but the marrow and substance of the Council of Basil, yea but the very Decrees of it. Now we demand of him, Cur tam variè? as our Practitioners speak. He will give us King Francis his answer, It is not for a King of France to revenge an injury done to a Duke of Orleans: But rather it is for a Pope to defend the Pope's cause. Quod AEneas laudavit Pius damnavit. That when he writ that (as well as that which he writ against the Donation of Constantine) he was but one of the Council of Basils' frogs: but this he pronounceth as Pope, that is, as one who is now better advised; having all wisdom both divine and humane in his pantos●e, and all law in his budget. 16 I will not now spend time upon answering the arguments which Bellarmine brings out of holy Scripture, to make the Pope above a Council. As Thou art Peter; Feed my sheep. Ergo the Pope is above a Council. Item, The Pope is the Head, the Steward, the Shepherd, the husband or spouse of the Church. Therefore he is above a Council. Part of which have been confuted by the Council of Basil, in the Acts collected by AEnaeas Silvius; and part by many other Doctors which writ since. Besides the solution of them may be gathered out of those places which we have here above transcribed out of the opinions of the Universities of Germany and Poland. 17 We have also made answer already to that which is urged of the Counsels of Sinnesse and Rome: That the Premier See, that is, the Pope, cannot be judged by any man: and we have showed that this is meant of particular persons, or of Provincial Counsels at most. Besides that, we have diverse examples of their judgements, in which this maxim was never determined. Add further, that we have made it evident by an infinite number of examples; that diverse Popes have been judged even for other crimes than heresy. 18 But the most pressing argument of all is that which he collects out of the letters of certain Eastern Bishops writ to Pope Leo the first, and the Council of Chalcedon jointly, and that during the celebration of that Council; in the inscription whereof they put the Pope's name before the Counsels; and yet the Fathers there assembled, to whom these letters were presented, never complained of it, saith Bellarmine: He had great dearth of good arguments when he flies to such as these. By the very same reason the Archbishop of Constantinople must be above the Council, whose name is put before the name of the Council in the letters of Eusebius Bishop of Doryleum: To the most holy and most blessed Archbishop Flavian, (saith he) and to the holy Council. See here the Patriarch of Constantinople as good as the Pope; Conc. Chalced. Action. 1. and by consequent Pope Leo, who pleaded the contrary in that very Council, hath lost his right by Bellaermines judgement. If he should have said so much in his time it is a hazard he had never been Cardinal: so highly was the Pope displeased at the judgement of this Council. Placing of name's, o● what forc●. Another Bishop puts the names of the Pope and of the patriarchs of Constantinople and Antioch all before the name of the Council in a letter of ●is. The Council of Chalcedon writing to Pope Leo, puts itself before him; Conc. Chalced. Action. 3. Lant●r ●la●as● C de sum. trinitate V. ep●stolas Leonis. Item ●pist. ●d●●am ad Taras●um in 2. Acti. Synod. Nic●n. 2. Epistolas diverso●um Ponti●. Roman. apud Willelm. Malmesbur. lib. 3. the Pontisic. Anglorum. and on the contrary writing to the Emperor's Valentinian and Marcian puts itself after them: all in the same Session. Bellarmine knows also very well that the Emperor justinian writing to Pope john, puts his name of Emperor before that of Pope: and that john also puts it before his in his answer. It is true, the gloss spoils all, which saith, This would not be so now adays. We know Pope Adrian the fourth had a great quarrel with the Emperor Frederic about it, who had been so bold as to put his own name before the Popes, in the letters which he writ, whereof we have spoken elsewhere. But our predecessors went not so precisely, but in writing one to another they put their own names sometimes before, sometimes after; as we could make it appear by many examples, if it were worth the while. 19 Bellarmine adds, that the Council of Chalcedon itself hath acknowledged this for true, when they call the Pope their head, and themselves his members. Yea but they were to blame to put the head under the feet in that inscription which we urged. We have said before in another place that he is called the head, because he was the first in degree of honour amongst the Clergy, because he sat in the first place amongst the Bishops. Others say because he is the head of particular Churches, but not of the Universal, represented by an Ecumenical Council. All the other arguments which he brings are refuted by us in diverse places, saving only those which are drawn from the authority of Popes; whom we desire to forbear aswell from giving evidence as from passing sentence, seeing their own cause is in question. A REVIEW OF THE COUNCIL OF TRENT. BOOK V. CHAP. I. Of Indulgences. THe Pope hath usurped such an excessive power in point of Indulgences, that there is not a good Catholic but is sorry for it. I will not here dispute whether these indulgences be profitable or no, and whether he hath power to grant them or no, I leave that question to Divines. My aim is to show that this Council did not satisfy the desire and hope of Catholics. The abuse which the Popes have committed in matter of Indulgences, and which they commit every day, is notoriously known to every body; as also the complaints that have been made of it. The Popes have undertaken to pull souls out of Purgatory, by commanding the Angels to take them forth, and to carry them into Paradise. We have set down the Bull of it in another place. As for the plenary pardon of all sins, with this expression, Id constituit Paulus 2. Vide Bulla● julii 3 de ann. ●ubil●i. be they never so heinous, this is ordinary with them: not only at the great jubily, (which they reduced from an hundred years to fifty, from fifty to thirty, from thirty to twenty five, and ere it be long they will abate yet a little more of the term, to the intent that they may augment their Court, Pardon of future sins, occasion of much wickedness. and oblige every body to come thither the oftener) but also in their particular Bulls which they grant out. That of Sixtus the fifth of the year 1588., granted to the Catholics of this Realm of France makes prose of it; which gives the Curates and Confessors power, To absolve from all crimes, sins, and excesses be they never so heinous: Extat Charunti excusi anno 1588. with many others which I could allege, containing bolder clauses than that: which not long since have with scandal been presented to open view. 2 But that which is yet more to be condemned in them, is, that the Popes do not only give remission of sins already committed, but also of such as are to be committed. Which is a means to oblige all the base rascals in the world unto him, and to give them occasion to redouble their crimes and misdemeanours; to rob with four hands, to kill father and mother, to set upon their Lords and Masters, to violate the authority of their Princes, and usurp their Dominions. For provided they can make their party stronger, and that they be devout towards the Holy See, there will be no want of an indulgence: yea even without that, always provided they pay their rent. Epist. Leo diens. To. 2. Concil. edit. Colon pag. 809. 3 The Clergy of Liege in their epistle directed to Pope Paschal, tell how they had read that Pope Gregory the seventh commanded the marchioness Maud, that as she would have her sins remitted, she should make war against and destroy the Emperor Henry the fourth. But we do not conceive by what authority either he or others could do it justly. And afterwards, addressing their speech to Paschal, O holy mother Church of Rome, hitherto thou observest the fashion and custom of binding and losing discreetly; and commandest us so to observe it. Whence is then this new authority, whereby impunity of sins already committed, and liberty of committing for the time to come, is offered to delinquents without confession and penance? What a gap hast thou hereby set open to the wickedness of men? O mother, God deliver thee from all evil. Matth. Paris. in hist. Anglor. in Henr. 3. pag. 935. 4 The story which is related by an English Monk is very remarkable. About the same time (saith he; to wit, the year 1258) there came into England a certain Friar, of the Order of the Minorites, called Mansuetus, sent by the Pope, at the instance of the King, who trod in the steps of Mr. Herlot, being instructed with a great power, insomuch, that, changing their vows, he absolved all the Royalists (as they called them) at his pleasure, or justified excommunicate, falsifiers, and perjured persons. Whereupon diverse delinquents took occasion to offend; for the facility of pardon gives occasion to sin: but wise men made a mock of it. It is a means to induce any man to abandon himself to all kind of vice and lewdness, to be assured that all the sins which he can commit shall be forgiven him. 5 We will here set down some passages out of a Bull which came to our hands, containing the summary of many others, granted by Pope Paul the third, (who called the Council of Trent in the year 1539) to the brethren of the Fraternity of the Sacrament of the altar, printed at Chartres by Philip Hotot, the year 1550, at the request of the Protectors, Proctors, and brethren of that Fraternity. Lo here the very words; Giving and granting furthermore to the said faithful Christians, which shall enter into the said Fraternity of the blessed Sacrament of the body of JESUS CHRIST, upon the day of their entrance, full pardon of all their sins, they being first confessed, and the said sacrament of the altar devoutly received. Besides, three times in their life a like plenary pardon in manner and form of a jubily. Furthermore, unto the said brethren such as shall accompany the said blessed Sacrament when it is administered to sick folks, or to such as by reason of their impediments cannot do it, and shall cause it to be so accompanied as is above expressed, and shall assist at Processions and divine service, such as shall be done and solemnised by the said brethren, as above said, an hundred years of true pardon for every time they shall so assist. And those that shall visit the said Church every Friday in the year, P●rdo●s g●an●ed by sev●rall Popes. ten years of true pardon, and as many quarentains, saying a Pater noster, and an Ave ●ary, every Friday. Behold yet another Article which goes further, as we shall understand by the commentary. As also power to use and enjoy all and every the privileges, indults, exemptions, liberties, immunities, plenary pardon of sins, and other spiritual graces given and granted to the brotherhood of the image of St. Saviour ad Sancta Sanctorum, of the charity and great hospital of St. james in Augusta, of St. john Baptist, St. Cosmus and Damianus. Of the Florentine nation, of our hospital of the Holy Ghost in Saxia, Of the Order of St. Austin and St. Champ● Of the fraternities of the said city, Of the Churches of our Lady De Populo & de verbo● together with all the gifts, graces, pardons and indulgences granted by our predecessors to those which visit the said Churches, or to be granted by our successors, to have and enjoy for ever. 6 In the sequel of that Bull are set down the indulgences granted to the Churches, brother-hoods● and Hospitals mentioned in the former Article, with the names of the Popes that granted them: amongst whom are named, Sixtus, Gregory, Innocent, Celestine, Clement the fifth, Boniface the eighth, Innocent and Sixtus the fourth. But we may do better to transcribe the whole; for it may be there is now a scarcity of copies. The Statutes and Ordinances of the worshipful Fraternity of the most blessed body of our Lord jesus Christ, newly founded and erected in the Church of St. Hilary of Chartres, together with a summary of the pardons and indulgences given and granted by our holy Fathers the Popes, and by our holy Father Pope Paul the third of that name, confirmed to the said Fraternity, and all others of like denomination, as well at Rome as out of Rome, erected or to be erected. Which Statutes and Ordinances, by virtue of the taking out of those Bulls made thereupon, by authority of Pope julius the third of that name now reigning, given at Rome the sixth day of May, in the year one thousand five hundred and fifty, shall be observed and kept in manner and form f●llowing. The pardons, Indulgences, jubily, and plenary remissions granted to such as visit the altar, where the blessed Sacrament and precious body of jesus Christ is placed in the said Church of St. Hilary, upon the days, in the year, and according to the manner and form hereafter declared and expressed; to the end that every Christian desirous of his salvation, may purchase and come by them. 7 And first the declaration of the Indulgences given and granted to the brethren of the said Fraternity found in the Church of St. Hilary of Chartres, verified, approved, and confirmed for ever, but made valid by our holy father, Pope julius the third of that name now reigning. 8 The Indulgences granted to the Hospital of St. james in Augusta. 9 The Indulgences granted to the Church of St. john of Florence, and to the company and society of the said nation, and of St. Cosinas and Damianus of Rome. 10 The Indulgences granted to the society of the holy Camp of Rome. 11 The Indulgences granted to the brethren and sisters of St. Saviour ad Sancta Sanctorum. 12 The Indulgences granted to the company of the Charity of Rome. 13 The Indulgences of the great Hospital of the Holy Ghost in Saxia, of the Order of St. Austin of Rome. 14 The Indulgences of our Lady de Populo of Rome. The catalogue and declaration of the Indulgences aforesaid, with the names of the Popes that granted them, and the days upon which they may be had. 15 First, our holy Father Pope Leo hath granted to all and every one of the said brethren which shall be present at Processions and other divine service, Plenary pardo●s g●●nted by Leo and Grego●y, Pope's. celebrated upon Corpus Christi day, remission of all their sins, provided they be confessed and penitent, or have a full resolution to confess themselves at the times appointed by our holy mother the Church. Plenary pardon to those of the brethren that shall name the name of jesus at the point of death. 16 Item, he hath granted a plenary pardon to all such of the brethren of the said Fraternity, as shall name the name of jesus at the point of death, and they shall be partakers of all the good works of the whole Church Catholic. Plenary pardon upon all the feast days of our Lady, upon All Souls day, and upon St. Philip and james day. 17 Item, he hath granted to every one of the said brothers and sisters, who upon any of the feasts of our Lady, upon All Soul's day, and upon Philip and james day, from the vespers of the eves until the vespers of the said dayes● shall, being confessed and penitent, visit the great Altar of St. Hilary, upon which the most precious blessed Sacrament is set, plenary pardon of all their sins, upon every one of the said days. Plenary pardon upon all the second Sundays in june and upon the sixteenth of july. 18 Item, Pope Sixtus hath given and granted to every brother and sister that shall visit the said altar upon the second Sunday in june, and the sixteenth day of july every year, for every of the said days a plenary remission of all their sins. Plenary pardon to the dead. 19 Item, he hath granted to every brother that shall give any alms, or offer any sacrifice, according to his means and ability, by way of suffrage for the soul of any one deceased, that he shall obtain plenary pardon for the sins of him so deceased. Plenary pardon upon our Lady's day in mid-August, which is the Assumption. 20 Item, Pope Gregory hath given and granted to every brother that shall visit the altar of the blessed Sacrament in the said Church of the said St. Hilary upon our Lady's day in mid-August, which is the Assumption day, plenary remission of all his sins. Plenary pardon upon all the feasts of our Lady, and the Octaves of them, and upon all the feasts of the Apostles. 21 Item, he hath given to all the festivals of our Lady, and the Octaves of them, and to every feast of the Apostles, plenary pardon of all sins. Easter day and eight days following. 22 Item, Pope Innocent hath granted to the said brothers and sisters, upon Easter day, and eight days following, four thousand eight hundred years of Quarantains, and remission of the third part of all their sins. Several Pope● pardons. Twelfth day, and the octaves of that festival, and the nativity of our Lady. 23 Item, he hath granted to the twelfth day, and the octaves thereof, five thousand years; to the day of the nativity of our Lady, and the octaves of it thirty thousand years of true pardon. Ascension day and the octaves thereof. 24 Item, Pope Clement the fifth hath granted to the said brothers and sisters upon Ascension day, and the octave thereof two thousand years of true pardon. 25 Pope Boniface the eighth hath granted to the said brothers and sisters upon the said Ascension day and the octaves thereof two thousand years of true pardon. The day of the Assumption of our Lady. 26 Item, Pope Innocent hath granted to the said brothers and sisters upon the day of the Assumption of our Lady, two thousand eight hundred years, and as many quarantines of true pardon. All-Saints day. 27 Item, Pope Bennet the twelfth hath granted to the said brothers upon All Saint's day three thousand eight hundred quarantains of true pardon. Plenary pardon upon all the festivals of our Lady, to those that shall visit the altar upon which the blessed Sacrament standeth in the Church of St. Hilary. 28 Item, Pope Sixtus the fourth hath given and granted to the said brothers and sisters that shall visit the said altar in the Church of St. Hilary, upon which blessed Sacrament of the Altar standeth, upon any of the festivals of our Lady, from the first Vespers to the second, plenary pardon of all their sins. All the Saturdays in Lent. 29 Item, he hath granted to the said brothers which shall visit the said Altar all the Saturdays in Lent, for every day a thousand eight hundred years of true pardon. All days from Thursday in mid-Lent till Low Sunday. 30 Item, he hath granted to the said brothers and sisters visiting the said altar as before, from Thursday in mid-Lent, till Low Sunday, for every day a thousand eight hundred years, and two thousand quarantains of true pardon. The day of entrance into the said Fraternity of the venerable and most precious blessed Sacrament of the Altar. 31 Over and above the said pardons and Indulgences so granted as abovesaid, our holy Father Pope Paul the third of that name, doth give and grant, as appears by his Bull, Pardons gr●n●●d by Pope Paul ●he third. plenary indulgence and remission of all their sins in manner of jubilee to every one that shall enter into the said Fraternity, and shall be confessed and penitent for his sins upon the day of his entrance, and shall have received the most blessed body of our Lord jesus Christ. Plenary pardon three times in their life. 32 Item, he gives and granteth moreover to every one of the said brothers and sisters, plenary pardon and indulgence of all their sins, thrice in their life, upon what day and hour they please. An hundred years to all those that accompany the body of our Lord jesus Christ, when it is carried to sick folks. 33 Item, he gives and grants an hundred years of pardon to all those that shall accompany the blessed sacrament of the altar when it shall be carried to sick folks; and as much to those that cannot go themselves, but shall send one of their servants with a candle, and to those that can neither go nor send, if they say one Pater noster, and an Ave Mary, to every one an hundred years of true pardon. To those that shall assist at Masses, services, and Processions. 34 Item he gives unto all the Brother and Sisters of the said Fraternity that shall assist at the Service and Processions made in the said Church of S. Hila●y in honour of the said blessed Sacrament, to every one a hundred years of true pardon. To those that shall visit the Church of Saint Hilary every Friday. 35 Item, he gives and grants to the said brothers and sisters which shall visit the said Church and the said Altar of Saint Hilary, every Friday, and shall say devoutly one Pater noster and an Ave Maria, in honour of the most precious blessed Sacrament of the Altar, ten years and ten quarantains of true pardon. Of choosing their Confessor. 36 Item he hath given and doth give to every one of the said Brothers and Sister's licence and power to choose three times in their life any Priest Secular or Regular for their Confessor, who shall absolve them from all sins and offences, how heinous and enormous soever, yea though they be such as are reserved to the holy See Apostolic, always excepted such as are contained in the Bull which is read at Rome upon Maundy Thursday. For visiting the Altar, upon which the blessed Sacrament stands in the said Church of Saint Hilary of Chartres, every day in Lent. 37 Item our said holy Father, according to the privileges given and granted in the Hospital of the Holy Ghost, and other places particularly mentioned, at which the stations both within the City of Rome, and without the walls of the said City are appointed to be, doth give unto all the Brothers and Sisters which shall visit the said Altar upon which the blessed Sacrament of the Altar resteth in the Church of the said St. Hilary, upon the days following: Inprimis. The first day of Lent, three thousand years of true pardon, and plenary remission of all his sins over and above. Thursday, ten thousand years. Pardons in Lent. Friday, ten thousand years. Saturday, ten thousand years. The first Sunday in Lent, eighteen thousand years of pardon, and remission of all sins to boot. Monday, ten thousand years, and a plenary indulgence. Tuesday, twenty eight thousand years, and as many quarantains, and remission of the third part of their sins, and the delivery of one soul out of Purgatory. Wednesdays twenty eight thousand years, and a● many Quarantines, and remission of the third part of their sins. Thursday, ten thousand years of true pardon, and remission of all their sins. Friday, thirteen thousand years of true pardon, and plenary remission of all their sins. Saturday, twenty eight thousand years, and as many quarantines; and beside, remission of all their sins. The second Sunday in Lent, twenty eight thousand years, and as many Quarantines. Monday, ten thousand years of pardon, and remission of the third part of their sins. Tuesdaey, ten thousand years. Wednesday, ten thousand years. Thursday, ten thousand years. Friday, ten thousand years. Saturday, ten thousand years; and beside, remission of all their sins, with the deliverance of one soul from the pains of Purgatory. The third Sunday in Lent, ten thousand years, and twenty eight quarantains of true pardon, and deliverance of one soul out of Purgatory. Monday ten thousand years. Tuesday, ten thousand years. Wednesday, ten thousand years. Thursday ten thousand years. Friday, ten thousand years. Saturday, ten thousand years, and plenary remission of all their sins. The fourth Sunday, remission of all their sins, and deliverance of one soul from the pains of Purgatory. Monday, ten thousand years. Tuesday, ten thousand years, and remission of the third part of all their sins. Wednesday, ten thousand years, and remission of the third part of all their sins. Thursday, ten thousand years. Friday, ten thousand years. Saturday, ten thousand years. The fifth Sunday, which is the passion Sunday of our Lord jesus Christ, twenty seven thousand years, and as many Qu●rantains, with remission of the third part of all their sins: and they may get these pardons twice a day, visiting the said Altar as is aforesaid. Monday, ten thousand years. Tuesday, ten thousand years. Pardons after Easter. Wednesday, ten thousand years. Thursday, ten thousand years. Friday, the deliverance of one soul from the pains of Purgatory. Saturday, twelve thousand years of pardon, and deliverance of one soul out of Purgatory. The sixth Sunday, being Palm Sunday, twenty five thousand years, and forty eight quarantains of true pardon; and beside, remission of all their sins. Upon this day they may g●t the said pardons twice, as was said of the former Sunday. Monday, twenty five thousand years, and remission of the fourth part of all their sins; and beside, plenary remission of all sins. Tuesday, twenty eight thousand years, and plenary remission of all their sins over and above. Wednesday, eighteen thousand years. Thursday, twelve thousand years, and as many quarantines, and remission of all their sins beside. Good Friday, a great number of pardons and indulgences, and plenary remission of all sins. Saturday before Easter, two and twenty thousand years, and forty eight quarantains of pardon, and plenary remission of all sins. Easter day, twenty eight thousand years, and as many quarantains of pardon, and plenary remission of all sins. Easter Monday, twenty eight thousand years, and as many quarantines of true pardon, and plenary remission of all sins. Easter Tuesday, ten thousand years. Wednesday, fifteen thousand years, and as many quarantines, and the deliverance of one soul out of Purgatory. Thursday, fifteen thousand years, and plenary remission of all sins. Friday, fifteen thousand years. Saturday, fifteen thousand years, and plenary remission of the third part of all their sins. And they may have them twice a day, as before. Low-Sunday, fifteen thousand years, and plenary remission. And they may g●t them twice a day. The Stations after Easter in the said Church of S. Hilary, doing as is set down before, and visiting the said altar of the blessed Sacrament. 38 Imprimis, St. Marks day, eighteen thousand years, and as many quarantains. Ascension day, twenty eight thousand years, and as many quarantains. Whitsun eve, fifteen thousand years, and remission of all sins. Whitsun Sunday, twenty eight thousand years, and plenary remission of all their sins. Whitsun-munday, remission of all sins. Tuesday, twenty three thousand years. Wednesday, twenty eight thousand years, and as many quarantains, and remission of the third part of their sins, and the deliverance of one soul out of Purgatory beside. The Stations of Advent in the said Church of St. Hilary. 39 The first Sunday in Advent, twenty eight thousand years, and as many quarantains, and remission of the third part of all their sins. Pope's Bulls for these Indulgences. The second Sunday, eleven thousand years, and plenary remission of all sins, granted by St. Sylvester. The third Sunday, twenty eight thousand years, and as many quarantains, and remission of the third part of their sins. The Wednesday in Ember week, twenty eight thousand years, and as many quarantains, and remission of the third part of their sins. Friday, eleven thousand years, and plenary remission of all sins. Saturday, twelve thousand years, and as many quarantains, and plenary remission of all sins. The fourth Sunday, eleven thousand years, and plenary remission of all sins. At the second mass upon Christmas day, which is called the daybreak mass, twenty eight thousand years, and as many quarantains, and plenary remission of all sins. St. Stephen's day, twenty eight thousand years, and as many quarantains, and plenary remission of all sins. St. john th' Evangelists day, twenty eight thousand years, and as many quarantains, and plenary remission of all sins. Innocents' day, fifteen thousand years, and as many quarantains, and remission of all sins. The day of Circumcision, which is new-years day, twenty five thousand years, and plenary remission of all sins. Twelfth day, twenty eight thousand years, as many quarantains, and plenary remission of all their sins. Septuagesima Sunday, eleven thousand years, and forty eight quarantains, and the remission of the third part of their sins, with the deliverance of one soul out of purgatory. Sexagesima Sunday, thirteen thousand years, and forty seven thousand quarantains, and remission of the third part of their sins. Quinquagesima Sunday, twenty eight thousand years, and as many quarantains of true pardon. 40 And the said pardons and indulgences here above mentioned, are granted only to the brothers and sisters of the said Fraternity, which shall upon the days aforesaid every year visit the said altar in that Church of St. Hilary of Chartres, upon which the blessed Sacrament and precious body of jesus Christ is placed. 41 Medard Thiersault, Priest, Licentiat in the Laws, Canon of Chartres, Official and Vicar General both in the spiritualty and temporalty of the reverend Father in God Monsieur Lewes, by the grace of God and the holy See Apostolic Bishop of Chartres, to all and singular the Parsons and Vicars of the Churches within the City of Chartres, sendeth greeting ●n our Lord God everlasting. Pope Paul the third of happy memory, did heretofore, of his own proper motion, for the honour & reverence of the precious blessed Sacrament, grant unto the brothers of the fraternity of the blessed body of jesus Christ, in the Minerva of Rome, certain indulgences, plenary remission of sins, immunities, and other graces, the good devotion and upon petition of the faithful Christian Brothers. Which indulgences and plenary remission of sins, our holy Father julius the third by the divine providence Pope, to the end that all Christians should press more earnestly and devoutly to come and honour the so admirable blessed Sacrament, of his own authority and dignity hath willed and decreed that they be of perpetual force and efficacy. And these indulgences and other graces aforesaid, at the instance and request of the most noble personage Mr. Christopher de Herovard the Lieutenant General of the most Christian King within the Bailiwicke of Chartres, Reformation in point of indulgences required. hath communicated and granted them to the Brothers and Sisters of the Fraternity of the most blessed body of jesus Christ, heretofore instituted and erected in the Church of Saint Hilary of Chartres, always provided that like grace and gift was not formerly granted to any other Church of the said City of Chartres. And forasmuch as we have viewed the contents of the said indulgences, in the public instrument out of the copy of Domenic Bishop of Hostia, Cardinal of the holy Church of Rome, by title Traven, Deane of the sacred Apostolical College, Protector and Patron of the devout and Catholic Fraternity of the blessed body of our Lord jesus Christ, founded in the Church of our Lady of Minerva, of the Order of Friars predicants in the City of Rome, in manner of an exemplification, published, drawn, signed and sealed by Genese Bulter, Secretary to the said Fraternity, given at Rome the sixth of May, one thousand five hundred and fifty. And furthermore, whereas by a certain declaration made unto the Court of Rome, by the command and with the leave of the Reverend Father in God the Lord Bishop of Chartres, and as it seems to us truly and lawfully made, that 'tis certain the like grace was never granted to any other Church in the City of Chartres: Wherefore we command you to publish and cause to be published in your Churches, the said indulgences and the exemplifications of the letters aforesaid, according to their form and tenure. Giving leave to the said Mr. Christopher de Herovard, to cause the said Graces and Indulgences to be published within the City and Suburbs of Chartres, whether by Siquis' or otherwise, as the same Herovard shall think good. Given at Chartres under the seal of the Chamber of the said Reverend Father in God the Bishop of Chartres, in the year one thousand five hundred and fifty, upon Thursday being the last of july. Subscribed, P. le Seneux. 42 See here how the Pope's play with their indulgences, and amongst the rest two of them which presided by their Legates at the Council of Trent, to wit, Paul the third, and julius the third. The reformation of such abuses was required heretofore in such General Counsels as were then holden; as by the Bishop of Menda in that of Vienna in Dauphiny; Guil. Durant. de Concil. part. 3. Tit. 15. who amongst other points by him proposed unto the said Council, puts this for one; It were fit to provide a competent remedy for this, and beside to cause the fees of the curriers and Nuncio's of the Court of Rome to cease. We have told you elsewhere upon the testimony of the Bishop of Panormo, Panormit. in Consil. super Conc. Ba●il. that by reason of the too hasty breaking up of that Council by Clement the fifth, that reformation was never meddled with. Conc. Constant. Sess. 40. 43 Amongst other articles proposed by diverse nations at the Council of Constance touching the point of reformation, this about Indulgences was one, upon which they were to deliberate after the creation of the Pope. Martino●. But Martin the fifth being elected, he referred the case to another time. And forasmuch as Mr. john Gerson Chancellor of the University of Paris was present at the same Council, joannes Gerson in 2. part. oper. Tract. de Indulg. and in very much repute and authority, both in behalf of the University, and as deputy for Charles the sixth, King of France, we will here make him declare his belief in matter of Indulgences. Behold here his articles. Consid. 5. 44 The only supreme Pope, Christ, together with the Father and the Holy Ghost, can by a plenary authority grant a total indulgence, as well from punishment as fault. Consid. 6. 45 The only Pope Christ can commute eternal punishment into temporal, or absolve from punishment, freely, and without any merit besides his own. 46 The only Pope Christ can give indulgence for so many thousand millions of days and years as we find in diverse grants of Popes and others, Gersons' opinion of Indulg●●ce●. in diverse times and places, and upon diverse occasions. 47 The granting of Indulgences for so many millions, Consid 8. Consid. 10. not only of days but years, seems impossible to be maintained without great difficulty, after remission of eternal punishment, and commutation into temporal. For it is certain that no particular man can or aught to be bound to do penance so many years, forasmuch as he cannot live the thousand part of those years, and no man is bound to impossibilities. It is also certain that Purgatory shall cease at the world's end, and consequently the days of his penance too. 48 From hell there is no redemption. Consid. 11● At the end of that Tract he hath these verses. Arbitrio Papa proprio si clavibus uti ●ersus Ge●s●nis super materia indulgential. Posset, cur sinit ut poena pios cruciet? Cur non evacuat loca purgandis animabus Tradita? If so the Pope may use the keys a●'s pleasure, Why does he let good men such pains endure? Why does he not (too cruel and unkind!) Empty the place for purging souls designed? 49 Now whereas he believes that the Pope's indulgences do not reach so far as hell, that is heretical as well as the other articles by him set down. L●ncelotus Conradus in templo omnium judic. lib. 2. cap. 1. Augustinus Triu●phus de puttest. Eccles. qu. 32 art. 3. V. Ambitioned Augustini a● illum 3. arti. Augu●tin. de Anc●na. For other Doctors hold that the Pope is Lord of the world, that he officiats in the nature of Christ's Vicar, both in things celestial, terrestrial, and infernal. Angustin de Ancona, approved by the Popes as well as the former author, argues thus in the matter of Indulgences. Pope St. Gregory delivered Trajan from the pains of hell, which are infinite, by his prayers● therefore much more may he deliver all those that are in Purgatory from their pains, which are but finite, by means of Indulgences. Alexander of Hales, one of the prime Divines, puts a little mystery in it, for he saith that Trajan being raised up again by St. gregory's prayers, did penance and was baptised. And indeed there was good reason he should pass through this formality. But let us return to our plaintives. 50 The Council of Trent was likewise pressed about this reformation, by King Charles the ninth, and by the Germane nation, as appears by their demands, which we have set down elsewhere, to which it was reason that some regard should have been had. Some will tell me that so there was. If that be so I am far deceived. Let us see how then. Co●cil Trid. Sess. 25. Decret. de Indulg. Desiring that the abuses which are crept into them by little and little, and by occasion whereof the worthy name of Indulgences is abused by heretics, may be corrected and amended, the Council doth by this present Decree ordain in general, that all wicked gains for the purchasing of them, whence the main cause of these abuses amongst Christian people first sprang, be utterly abolished. But for the rest which proceeded from ignorance, superstition, irreverence, or other occasion whatsoever, seeing they cannot conveniently be prohibited in particular, by reason of the diverse corruptions of the places and provinces where they are committed, the Synod commands all Bishops, that every one of them diligently observe the abuses of his Church, and give notice of them at the first Provincial Synod; to the end that being known by the other Bishops also, they may forthwith be presented to the Pope: by whose authority and wisdom that shall be ordained which is expedient for the Church universal. Fraternity's enemies to the State. 51 See here process is made against those under-rogues of Wallet-bearers and beggars, which undertook to sell these false spices in behalf of the Bishops and other inferior Officers. But for the Pope his authority is preserved safe and sound, as well in this as in all the rest. His penitentiary tax i● neither dead nor sick for all this; for they abolished only all wicked gains which arise from them. Who dare be so bold as to refer that to the Pope! He should be damned for it a thousand times for want of Indulgences. judge what reformation they will make of this matter, which are the authors of this disorder; which reap profit by it; which build their greatness upon it● and who by that means make themselves omnipotent over weak and fearful souls. CHAP. II. Of Fraternities. 1 ANd forasmuch as these large Indulgences whereof we have spoke, are most commonly granted to Fraternities, as appears by the Bulls of them which have been produced, it is good reason we speak a word of them too. King Charles' the ninth in his demands required a reformation of the abuses of such Fraternities. The Council found nothing to be corrected in them; but tacitly confirmed them, Concil. Trident. Sess. 22. cap. 9 by ordaining that the administratours of them shall give account of their administration every year unto the Ordinary. They were wary enough not to touch upon that point, seeing it directly concerns the Pope's authority. By means of these indulgences and the superstition which he useth in them, he gains millions of men unto himself, who devote themselves so much unto him, for the especial favour which they suppose they receive by means of these indulgences, that they do not acknowledge any other superior. 2 Former times have instructed us, that leagues, and monopolies, and conspiracies against the State, have been hatched in such Fraternities as these, and that disorders and other unlawful things have been committed among them. They have been prohibited in all well policied Kingdoms and Commonwealths, and particularly in our France: where we must observe that as they have been instruments of trouble and dissoluteness; so they have been judged hurtful to peace and concord. And for that reason they are condemned by the Edicts and Declarations of our Kings, as the mothers, or at least the companions of conspiracies; for they are so joined together by the same Ordinances: as in that of Henry the third, of September 1577. And all leagues, associations, and fraternities, made or to be made, under any pretence whatsoever, to the prejudice of this our Edict, shall be utterly void and of no effect. And in that of the same Prince, given the 20 of December in the same year. We expressly forbid all our said subjects, of what quality soever they be, to begin, make, or prosecute any league, association or fraternity amongst themselves, to the prejudice of our said Edict of pacification. The 44 Article of the conference of Flex saith in express terms, All the foresaid (to wit, Provosts, Majors, Consuls, Sheriffs of towns, etc. mentioned in the former Article) and other Subjects whatsoever of this Realm, of what condition soever, shall depart from and renounce all leagues, associ●tions● fraternities and intelligences, as well within the Realm as without. The Order of Penitent. 3 Durant Bishop of M●nde in the reformation which he presented to the Council of Vienna, Guilford Durant. Epis●. Mi●at●ns. de modo celebr. Concilii. part. 2. tit 35. holden in the year 1311. persuaded the abolition of these fraternities for two reasons: for their dissoluteness, and ●or conspiracy against their superiors. It would be also useful (saith he) that fraternities, wherein both Clergy and Lay do nothing but soul themselves with delicates, live in dissoluteness and drunkenness, and busy themselves in diverse plots against their superiors, were abolished. There is at this day one in request in this Kingdom, which we may and must believe to be both seditious and heretical; to wit that of the Recommendati to the blessed Virgin Mary, otherwise called Confalonesi at Rome; and in France, The Order or Fraternity of the Chaplet, the Order of Penitents, the Order of Battus: all these are but one thing. There are some poor innocents that enrol themselves among them, thinking to find the salvation of their souls there, and to enjoy the virtue of so many goodly indulgences. Some of them pride themselves in going in a mask as it were, and walking about the town in a white, or black, or grey garment, or of some other colour: some with their white sandals, and their sweetmeats in their pockets to throw at a sweetheart as they pass along, after they have cast many a pitiful amorous glance at her. Another with a whip in his hand full set with pricks, lancing himself and drawing blood of his back, who goes from street to street, and Church to Church begging for mercy; serving for a spectacle and an offence to all those that behold these antiques. But the most part of them are Statesmen, fine, cunning, delighting in troubles, and enemy's of peace. Which make use of such assemblies to cast their plots, to build their designs, and to put them in execution. 4 This Order was cried down in the City of Paris by the late King Henry the third, because he was certified of the conspiracies which they made against the State. It is notoriously known to many that the League was sworn in Tholouse by the black Penitents; and that as many of these Orders as are in France did all conspire to the like ends. And yet notwithstanding we see them now adays spring up again in diverse Cities. This Society and Fraternity was renewed by Gregory the thirteenth, the year 1576, as appears by his Bull of the fourth of October. What time, a little after the arrival of the Bishop of Paris, that consultation about the League was held at Rome, which was found in the Advocate David's coffer. Now the penance which Gregory saith he renews unto them, is this: Gregory the 13 his B●ll of the 12 of O●●ober, printed at Paris by Michael julian 1583. That the said Brothers, in stead of those which we call Canonical hours, shall not fail to say the Lords prayer five and twenty times, Pater noster, etc. and the Angel's salutation as many times, Ave Maria, etc. Adding at the close, Gloria Patri, etc. which is said after every Psalm in the Church. And also they shall say the said Orisons and Salutations, Pater and Ave, seven times; with the versicle Requiem aeternam, etc. and the response, Et lux perpetua, etc. 5 All these Pater nosters, Ave Maria's, and Requiems, are comprehended in a Crown or Chaplet, spoken of in the same Bull, the form whereof is represented at the end of the Bull, which they must hold in their hands, and say over in order in such a measure as is there expressed. And this being so done, We release them (saith the same Gregory) twenty years, the sundays and festivals and other holidays ten years, of the penance which shall or aught to be enjoined them upon the day that they shall be acquitted from the said Crown. Besides, we grant unto the said Brothers plenary indulgence and pardon of their sins, such as being contrite and confessed shall say over the said Crown or Chaplet upon the days of Christmas, Easter, & Whit sunday; as also upon those other days which the Catholic Church doth celebrate in honour of our Lord jesus Christ, and of our Lady. Of th● Sect of Flag●llants. 6 There are yet other Indulgences in the same Bull, both for the quick and the dead, which we omit. It was printed at Paris by Michael julian the year 1583, with the picture of our Lady stretching out her veil over two of these Battus or Penitents, dressed in their proper habits and hoods, which cover all the head except the eyes, and their whips in their hands; which made me call them heretics; for they are the successors of those Flagellators that were condemned as such. We will here set down some passages out of such authors as speak of them. Naucler. volume 2. generat. 45. 7 And first out of Nauclerus Provost of Tubinge. In the same year 1346, the Flagellators came into Germany, men of diverse conditions, who begun to whip themselves, travailing from place to place. Two hundred of them came out of Suevia into Spire, having among them one head & two masters, whose command they obeyed. These setting themselves in a ring before the Monastery of Spire, about an hour after dinner, and putting off their garments, having shirts on after the fashion of breeches, which went from the waist down to the heels, they cast themselves down upon the ground in form of a Crucifix; all of them whipping themselves, singing, & calling upon God, turning themselves upon their faces, praying for themselves & for their benefactors and malefactors. There were amongst them some Priests, and lettered men, both noble and ignoble, women and children. The good will of every one of the inhabitants of Spire was so great towards them● that being all presently invited, there were not enough of them for those that desired them. For they took no alms, but if they were invited to any man's table they went with the leave of their masters. They whipped themselves twice a day, and every one once a night privately. They never spoke to women. They wore all crosses upon their garments before and behind, and upon their bonnets: having whips hanging at their garments: and they stayed not above one night in one parish: into this society they admitted above an hundred people of the City of Spire. But none was admitted until he had first promised to observe all things aforesaid: and that he was able de proprio to spend eight pieces of silver a day called Hallenses, that he needed not beg: and that he was certain he had been confessed, contrite, and had forgiven his enemies all manner of injuries; and besides it was requisite he should have his wife's leave. There came such a multitude of them to Strasbourg as it was impossible for any man to number them. But there they were compelled to forbear, by the Emperor Charles the fourth, and by the Friars mendicant and the Priests. At last they went on devotion to Avinion, where the Pope's Court was. And after they had whipped themselves in St. Peter's Church, Clement the sixth would have imprisoned them, but some of the Cardinals excused them. Then the Pope forbade both them and all other Christians to use any such public whipping from thence forwards upon pain of excommunication by that his sentence; and yet that a penitent might whip himself in private notwithstanding. Albertus Argentinensis hath the very same story in the same words. Albertu●. Argentin in Chronic. sub anno 1349. Chronicum Chronic. sub ann. 1273. 8 The author of the book entitled Chronicum Chronicorum, speaks thus of them, The Sect of the Flagellantes had their original in Italy, and from thence it was spread into Germany and France. They whipped themselves out of ostentation with knotted whips, whereto were fastened certain pricks: from this Sect many grievous errors arose in divers places, about the faith and sacraments of the Church. At last it was utterly rooted out, partly by fire and partly by sword. Albertus Crantzius hath a long discourse of them, Albert Krantz. Wandalic lib. 8. cap. 29. much like to that of Nauclerus; About this time (saith he, meaning about the year 1300) the Sect of the Flagellants did strangely increase in many Provinces. It is uncertain who was the first author of it, unless it was he that sows tares while other men sleep, as the Gospel speaketh. Hereupon they were called Acephali, Gerson against the Flagellants. that is, headless. Clownish fellows, that tore their bodies with the lashes of their whips through the fields in Germany. They wore crosses upon their garments: They marched in troops through the country, in an orderly Procession: having their head and face covered all but the eyes; and their countenance cast down upon the ground: they always looked sad and discontent. Their whips were made of three cords; every one of which had a knot, and every knot his piece of iron sticking out in fashion of a cross. They had their backs and shoulders all putrified with great blows and wounds. As soon as they were entered into a Churchy they put off their clothes, and apparelled themselves in linen breeches, which went from the navel downwards, etc. 9 This Sect sprung up presently after the Council of Constance; not as the former, but a little more hand somely, with more pretence and colour of devotion. The Clergy whipped themselves in the Churches; and also many Lay men of all sorts, without running abroad in the world, as the other did: in short, a man cannot tell what to compare them to better than to the Battus of our times. What I shall speak shall be proved by the testimony of Mr. john Gerson Chancellor of Paris, who writ a treatise against these Battus, what time he was resident at the Council of Constance; which he sent, together with a letter to one Vincentius, a favourer of theirs, of the Order of Predicants. But I am to blame to say so much of it: Let us hear that great Devine speak himself, out of whom we shall select the principal passages: 10 The law of Christ (saith he) ought no less to eschew the superstitions of the Gentiles and Idolaters (especially such as are horrid and cruel) in the service of God, I●ann●s ●ers●n in 1. part. ope●●m Tractat Cont●ae. Sectam Flagellantium se. p. ●● than the old law. Now in that there is an express prohibition in the 14 of Deuteronomie, where it is said, Ye are the children of the Lord your God, ye shall not cut yourselves. The gloss saith; You ought not to make yourselves like Idolaters: and it is in the Hebrew, You shall not rend yourselves. Now so did the Idolaters, as it is written in the 2 of Kings Chap. 18. Where it is said that they cut themselves, according to the custom, with knives and lances, till the blood gushed out. Surely it is a known thing, and hath been left unto us upon record in writing, that these murderous and Apostate Devils do long after the effusion of blood, especially man's blood. A law the more injust it is, and more pleasing to the Devil, the more cruel it is found to be. This is evident from the example of such as sacrificed their sons and daughters. And therefore the Lord said by his Prophet, You shall serve strange Gods which shall not give you any rest. But Christ by his grace hath been pleased to save us mercifully by the shedding of his blood; whereby he hath made us towards God wisdom, and justice, and sanctification and redemption. A little after, Christ's law doth straight forbid to impose any public penance upon Clergy men, Priests, and Prelates, for reverence to their spiritual profession. How much less ought such persons submit themselves to such public penance, as many of the Flagellants do? who though they seem to hide themselves, yet are they sufficiently known. The same may be said of noted persons of both sexes. And regard should also be had of the modesty of young children and damosels, which are seen to divest themselves. A little after he saith, The law of Christ declared by the Church, hath always disallowed the Sect of such as whip themselves, having observed that it began to spread in diverse parts of the world. This hath been seen within the memory of some men yet alive, both in Lorraine, Germany, France, and many other places, as both the men and Chronicles of France do testify, and other writings of good credit. Item, no evil could subsist if it had not some show of good: Wherefore it is a Sophistical argument, much good redounds from this Sect of Flagellants, therefore it ought not to be abolished and disallowed. Flagellan●s condemned by Gerson. The law of Christ made by men, doth not only respect God, but our neighbour also, and the Prince, and his Prelates. And therefore it is not lawful for the people to set up all kind of fashions, which may be occasion of sedition, faction, or superstition, etc. Item, The law of Christ is sufficiently set forth unto us in the precepts of the decalogue, the observation whereof if it be performed with an honest simplicity, and (that I may so say) with a gross faith, is sufficient to salvation; especially in respect of the Laity and common people, without any new imposition of such hard tasks. Item, The law of Christ, as it is sufficiently explained by his Apostles and the sacred Doctors, hath not invented any such novelties of Flagellants, either by sermons or otherwise: but hath represented them rather as most suspect and dangerous. Item, The law of Christ teacheth by the ways aforesaid, and many other such like, that the Prelates of the Church, the Pastors and Doctors, yea even Princes ought to labour and endeavour to distract and disperse such a bloody Sect as this; both by preachings and good persuasions, and by censures not only Ecclesiastical but temporal too, as our predecessors did: considering that under this cloak and pretence of penance, a number of wickedness is committed; as those testify that have made trial of it. And a little after this he adds, This Sect of them that whip themselves hath been diverse times condemned heretofore a long time ago; and therefore seeing it begins to sprout again and to increase, it ought to be utterly extirpated and beaten down. In conclusion he saith, Lastlie, if this famous Doctor Mr. Vincent think perhaps he cannot conveniently and effectually provide for the premises with profit● it may seem to be the safer way for him to absent himself for a time, by forbearing that society: which he may do by visiting the sacred Council, or some other way. Writ in the time of the Council of Constance, the year 1417. 11 The epistle which he sent to this Mr. Vincent is put after this treatise, where he saith amongst other things; Believe me, great and ancient Doctor, diverse men speak diversely of your sermons, especially of this Sect of those that whip themselves; which, as it is evident, hath been condemned heretofore many times, and in many places. Which you do not approve indeed, as those that know you do affirm; but withal you do not sufficiently disprove it, etc. At the end there is this addition of Peter de Alliaco Cardinal of Cambray: Reverend Sir, and most dear father, I have been persuaded to exhort you in a charitable way concerning the premises, together with my beloved brother and companion the Chancellor of Paris. He that is Yours in all things, P. Cardinal of Cambray. CHAP. III. Of Dispensations. 1 IT was expected from this Council, that there should be some great reformation in point of dispensations, considering they generally condemned an unlawful power which the Pope assumes unto himself by reason of them; Pope's presume to dispense with God's law. the great abuses committed in them, and the great complaints that were made of them. But behold, all our hopes are dashed! there must be no more talk of them if this Council be admitted. That the Pope arrogates unto himself an immense and unlawful power in this behalf, Caus. 25. q. 1. § ●in. dist. 13. in p●. is out of all question. He pretends that he can dispense above all law. For humane, that is taken for granted: but for divine laws Gratian restrains these dispensations to certain cases. But Innocent the third sets no bounds to them; In●●cent. in cap. proposuit. extra. de Con●●ss P●●b. Baldus. but tells us in general terms, That he can dispense with the law, above the law, by reason of his plenitude of power. This ●ext will be always understood according to the exposition of the Doctors and Practitioners, who hold that the Pope may dispense above the law, beside the law, and against the law: that he hath sovereign 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, Gratian. in cause 25 q● 1. Can. ●deo. it were no light matter. Our laws would henceforth scarce serve our turns, 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 laws. Our Glossatour upon the Canon law, avowed by the Rota of Rome, goes far further; as thate Gloss. in Canon. Lec●or. dist. 39 & in cap. Proposuit. de Concess. Praebend. in Can ● nobis in verb. exemplis de de●imis. Gloss in 6. cap. proposuit. The Pope may dispense against the Apostle; against the old Testament; against the four Evangelists; against the law of God. When they come so far in this, I leave you to imagine what they will do in the rest; at this day especially when the controversy betwixt the Pope and the Council shall be decided. It will not need to put in that exception of the gloss, That the Pope cannot dispense against the general state of the Church. For he being above it, and having full sovereignty, when he shall make use of it, who will tell him, You are to blame? Especially considering our Sophisters maintain now adays, that all he does is well done, and that he cannot err in that regard. Pope's are not content to dispense only in their books, but they do it far better in their practice; and that always to their own advantage. For these dispensations aim at two things, their profit and their greatness. Germany will tell us news of them. As for the first, I do not speak of the Protestants, but the Catholics assembled ●t an Imperial 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 laws of God: V. Centum gravamina cap. 1. & 2. in ●ascicrerum expetendarum. such are diverse impediments of marriage by reason of affinity, common honesty, spiritual and legal kindred's and consanguinity in many diverse degrees. Besides, the use of some meats is forbidden, which yet God created for the necessity 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 laws, of those that made them. The Pope's ab●se of dispensations. So money makes that lawful to the rich, which the poor cannot compass● gratis. And by such unlawful bands of humane constitutions, there is not only a● huge mass of money drained out of Germany, and transported beyond the Alpes● but a great deal of iniquity is raised amongst Christians themselves, many offences and quarrels, when the poor perceive themselves caught in these nets, fo● no other reason but because they want the thorns of the Gospel; for so are riche●●alled● there. This complaint was presented to Pope Adrian the 6, when he talked of calling that General Conncell which was afterwards holden at Trent. 4 The same nation of Germany had drawn up a summary of other grievances some years before, and presented them to the Emperor Maximilian. The first was this; Vid Fasciculum rerum expetend. p. 167.6. As for the observance of Bulls, compacts, privileges, and letters granted by their Predecessors without any limitations, the later Popes think they are not bound to them: but on the contrary they transgress them by frequent dispensations, suspensions, and repeals upon any man's entreaty, yea even o● some base fellow. 5 A certain Archbishop of Germany, Legat for the See of Rome, asked Pope Zacharie what he should do about a dispensation which a Germane assured him he had got of Pope Gregory his predecessor, Bonifac. in ep. ad Zachar. Pap. 2. Tom. Conc. de quo fit mentio in Synodo. Francica● to marry a woman that had first been married to his uncle, and afterwards to a Cousin of his, from whom she was divorced, and who was yet alive; beside, she was his kinswoman in the third degree, and had been a Nun. We know not what answer he had; nor do we here consider any thing but the injustness of the dispensation. 6 Saint Bernard, who lived in the year 1150, writing to Eugenius the third, complains bitterly of these dispensations. What? (you will say unto me) do you forbid me to dispense? Bernard l. 2 the considerate. ad Eugen. Pap. No, (saith he) but only to dissipate. I am not so ignorant, but I know you are placed there to be a dispenser, but to edification, not to destruction. 7 The States of England being all assembled together in corpse, in the year 1246, under Henry the third, put up diverse grievances against the Pope, in a bill of complaint drawn by them, which we read entire in the History of an English Monk, Mathaeus Paris. in hist. Anglor. in Henrico 3. p. 677● amongst which this is one; England is further aggrieved by the frequent coming of that infamous Nuncio, (non obstante) whereby the religion of oaths, the ancient customs, the validity of writings, the authority of grants, the Statutes, laws, & privileges are weakened and disannulled. Insomuch that infinite numbers of Englishmen are grieved and afflicted thereby. The Pope doth not carry himself so legally and moderately towards the Realm of England, in revoking the plenitude of his power, as he promised by word of mouth to the Proctors at Rome. 8 The Bishop of M●nda in Gevaudan, being commanded by Clement the fifth to go to the General Council holden at Vienna in the time of Philip the Fair, Guil. Durand. in tract. de modo celebrandi Conc● tit. 4. pri. part. 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 authority of Saint jerom writing to Rusticus Bishop of Narbon, he saith, Since avarice is increased in Churches as well as in the Roman Empire, the law is departed from the Priests, and seeing from the Prophets. We read also in the Decree (saith he) that Crassus was turned into gold, and that he drank gold. He gives us the definition of a dispensation according to the Lawyers; which he saith is a provident relaxation of the general 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, err. Lastly, for matter of dispensation he would have that observed which Pope Leo said, Reformation in dispensations desired, but not ob●●●●e●. to wit, That there are some things which cannot be altered upon any occasion: others which may be tempered in regard of the necessity of the times, or consideration of men's age: but always with this resolution, when there is any doubt or obscurity, to follow that which is not contrary to the Gospel, nor repugnant to the Decrees of holy Fathers. Can Sicut. dist. 14. 9 All the nations of Christendom that were present at the Council of Constance demanded the like reformation. Conc Constant. Sess. 40. For amongst other articles of reformation which were reserved for the last course of the Council, this was one, Of Dispensations. But Martin the fifth made them take away the table before they had done their dinner, as we have said elsewhere. 10 Mr. john Gerson in his treatise De potestate ecclesiastica, saith; joannes Gerson in tract. de Eccles. potest. Consid. 10. What think you? what shall we say for the present of that so easy dispensation as they speak of, granted by the Pope and the Prelates over lawful oaths, reasonable vows, for the excessive plurality of benefices, the general non-obstance of Counsels, the privileges and exemptions against common right? Who can number all the ways whereby the force of Ecclesiastical yea of Evangeliall, discipline is enfeebled, consumed, and quite annihilated? By my advice the holy Council should provide for all these things. And so it would have done, but Pope Martin was urged to go to another place. Speaking of the denial of justice, we have said many things which may be referred to this place, but we will not repeat them. 11 The Deputies of Paul the third, whom he appointed to advise him concerning the reformation of himself and his Court, begin with this article as one of greatest importance. We are of opinion (most blessed Father) that in the first place this law ought to be observed in all things. That laws be kept as much as may be; and that we think it not lawful for us to dispense with laws; unless it be upon urgent and necessary occasion. For there cannot be a more pernicious custom brought into any Commonwealth than the not observance of laws; which our ancestors would have to be accounted holy, calling their power sacred and divine. You know all things, O best of Popes; you have read so in Philosophers and Divines. There needs no more but to put that knowledge in practice. 12 He that would fully inform himself of their practice and proceedings in this regard, let him read the faculties of the Legates which have come into France and other Countries: as also the Penitentiary tax, whereof we have spoken elsewhere; and what Doctor Espenseus saith of it upon the Epistle to Titus. The instructions of the Ambassadors and Orators of the Emperor, the King of France and other Christian Princes, sent to the Council of Trent, had this in charge also, to complain of these scandalous dispensations, to the end that an order might be taken with them. See here enough to make them take them into consideration. Let us now see the remedies they applied, Concil. Trid. Sess. 4 cap. 17. in aliis Sess. 8. Can. 17. Sess●. cap. 5. In aliis Sess. 7. Can. 5. Sess. 25. cap. 7. the reform. in aliis Sess. 9 Can. 7. V. Ivonem in Epist. Sess. 6. cap. 1. de res. Et Sess. 23 c. 1. being they were fully informed of the nature of the disease. In the seventeenth Chapter of the twenty fourth Session they straight prohibit the plurality of benefices, and that all unions, all dispensations to the contrary notwithstanding. But in another place they renew the Decretal of Gregory the tenth; which binds forsooth such as hold a plurality of benefices to exhibit their dispensations unto the Ordinary, to make it appear: Now if they be sufficient, the Ordinaries have no more to say. Yea in case the validity of them be doubtful, recourse must be had to the Pope, for the manifestation of his pleasure. In another place having religiously forbid hereditary successions in Bishopriques, which have been always condemned, at last they admit of them in certain cases; but with cognizance of the cause, which they attribute to the Pope. They make one or two fair Decrees concerning the residence of Bishops; but they give the Pope power to approve the causes of their absence, and upon that occasion to punish those whom he shall think good, even to deprive them of their Bishopriques, and put others in their place. Abuse of dispensations unreformed by the Council. In the twentieth Chapter of the last Session, they leave Commendams in their full force and vigour; howbeit they made semblance that they would abolish them in the 17 Decree of the twenty fourth Session. They were desired so to do by our King's Orators, as we have said in the proper place. But all this was neither here nor there: Stanislaus Hosius. For lay men must meddle with other matters, as one of the Precedents of the Council said. But see here that which makes all fadge! We must set down the whole Chapter, the better to collect the sense of it. Sess. 6. cap. 1. et Sess. 23. cap. 1. In aliis Sess. 7. Concil. 1. That such dispensations as shall be granted by what authority soever, if they must be referred from the Court of Rome, let them be referred to the Ordinaries of them that obtained them: and that such as have been freely granted do not take effect, unless the Bishops, as delegates for the See Apostolic, have the cognizance of them, and that it appear unto them presently, and extra judicium, that the prayers and entreaties therein expressed are not liable to the fault of subreption or obreption. 14 This Decree hath two parts, the one as commendable as the other. The first speaks in general of all dispensations, and tacitly by necessary consequence permits the Pope to use them. For it were to no purpose to provide for the ordering of them, unless they were permitted. Yea from that distinction which is made of them, we collect that the Pope commits the cognizance of them either in Rome or out of Rome, What is it then which is here decreed? that such as go out of Rome shall be committed to the Ordinary of those to whom they are granted. Item, this is all. See now we are well satisfied. Of all those so many kinds of dispensations as are in the world, an order was taken with those touching plurality of benefices, touching hereditary succession in them, and touching the residence of Prelates. And so as we have heard concerning the rest. This is the law, this is the reformation. So that provided the Ordinary lose not his right of reference, all the world must rest content, and the Pope as well as others. But the second part is the prettiest of all. They leave the Pope power to grant out gracious dispensations, provided that he refer the cognizance of them to the Bishops. What to do? only, as his Delegates, to try whether there be any obreption or surreption in them; that is, whether his Holiness were not cheated by false information. For in this case he may give way to the impairing of his rights. 15 See then here are three things which we complain of. First, the approbation of gracious dispensations; and the power of granting them, which is left to the Pope. The second is the delegation which he must make unto Bishops; seeing it is a means to draw the inhabitants out of the realm, or at least to constrain them, in case of suit and controversy, to demand some other delegates In partibus. The third, that these Delegates may not judge of the lawfulness or unlawfulness of the dispensation, but only of the cozenage which the petitioners may have used towards the Pope. Seeing these Sirs have made such sleight enquiry into the means of remedying those evils and inconveniences which arise from dispensations, we are dispensed with their inordinate ordinances. And therefore it will concern us to stand to our liberties, Chap. 3. de la 2. part des libertez de l'Eglise Gallicane. by virtue whereof the Pope cannot dispense, for any cause whatsoever, with that which is of the law of God or nature; or with that wherein the holy Counsels do not allow him to dispense. And to that which is set down in this point by the Ordinances of our Kings; Art. 22. the l'ordon● des Estates d'Orleans. which expressly forbid all the judges of the land to have any regard To dispensations granted contrary to the Sacred Decrees and Counsels, upon pain of losing their places: and declare furthermore, That such as procure the said provisoes and dispensations shall not make use of them, unless they get leave and permission from his Majesty. CHAP. IU. Of Unions of benefices. 1 THe Council leaves the Unions of the benefices of Pope's disposal; Who may make Unions. at least such as are perpetual: for having made some rules concerning them, it adds this clause, Unless it be otherwise declared by the See Apostolic. The like may be said of personal Unions, whereof the Pope may dispose at his pleasure, by virtue of that clause, Saving the Pope's authority in what concerns manners and Ecclesiastical discipline. So then he may make them at his will and pleasure, and no abuse which he can use therein be subject to censure: For from what hand can it come? In the mean time see here a notable prejudice to all Christendom, and which continually tends to the augmentation of this Papal power, in attributing unto him the power of other Bishops, to the end that all may depend upon him. 2 In the Canon law it is said that Bishops may unite Churches. Seeing then it belongs to their ordinary jurisdiction, Gloss. in Can. & temporis in verbo, Vnire. Caus. 16. q. 1. Et cap. Vnire. extra de excess. Pr●lat. it is a wrong to them to take this power and faculty from them, to bestow it upon the Pope. To whom, it is true, so much honour hath been yielded in France, as to receive his Bulls, whereby they proceed to the union of benefices, provided they be not personal; and for the other, that they be granted after full cognizance of the cause, and upon very just and lawful reasons. And which is more, it is not sufficient that those causes be known to the Pope alone, that they be declared in his Bulls, but he is bound to send out his writs of delegation In partibus, for the effecting of the said unions, with cognizance of the cause, and consent of the Patron, and such as are any way interested in them. Which is as much as to give the power and authority to the Bishops, reserving the honour to the Poep: as appears by the Collection of the liberties of the Gallicane Church. See here the very words of it, The Pope cannot make any unions or annexions', of the livings of this Kingdom, during the life of the Incumbents, nor at other times: but he may grant out writs of delegation concerning unions; which is conceived to be done according to the form prescribed in the Council of Constance, and not otherwise: and this with the consent of the Patron, and such as have any interest in them. 3 In the forty third Session of the Council of Constance, it is said that those unions shall be void which are not made, ex veris & rationalibus causis, upon true and reasonable causes. This is the form which the former Article speaks of. If they be made otherwise, an appeal is put up to the Parliaments of this Kingdom to stop the execution; who have ofttimes cassed and disannulled such like Bulls upon such occasions; and that without any regard of the lapse of time, or any other prescription; as appears by the testimony of our common Lawyers of France, and by the Arrests which have been granted out. Renatus Chopines de sacr● Politia. lib. 2. tit. 6. nu. 7. Papon. l. 3. tit. 8. art. 4. So by an Arrest of Paris of the 17 of February 1547, the union made by the Bulls of Pope Clement the sixth, with the counsel of his Cardinals, and a Commandery of St. Lazarus, and another commandry of St. john of jerusalem, was cassed and declared to be void, upon the Appeal as from abuse, exhibited by the master of the Order of St. Lazarus a hundred years after; 〈◊〉 gran●●d by Popes, annulled by Parliaments. and that because it had been made without any just cause. 4 The union of the benefice of St. Saviour, with the Church of St. German Lauxerrois in Paris, Idem Choppinus ibid. made in the year 1456, by virtue of the Bulls of Pope Calixt the third, was likewise disannulled by an Arrest of the Parliament of Paris, of the first of April 1560, and so above an hundred years after. Although by the said Bulls there was a commission In partibus, directed to a certain Counsellor Clerk of that court of Parliament. And this because it appeared to the Court that that union had not been grounded upon any sufficiciently just and necessary cause. 5 Another union of diverse livings, with the Church of Tulles in Limosin, made by virtue of the Bull of Pope Leo the tenth, Choppinus ibid. in the year 1513, was declared to be abusive by an Arrest of the Court of Parliament of Paris. And another beside, of diverse benefices with the Priory of Lymoges, by an Arrest of the grand Council, of the 13 of March 1559. Pope Innocent the eight had united the parish Church of Blonu, with the Chapter of the Cathedral Church of Lymoges, by his Bulls of the 19 of March 1488, upon very colourable and apparent grounds, as appears by the Bull, which a learned person of our times hath inserted in his works entire. But notwithstanding all his fair narration, it was annulled fourscore years after by an Arrest of Paris of the last of April 1575., upon the Appeal as from abuse, which was exhibited against the execution of it, for defect of a Commission upon the place. 6 Another Bull had been granted by Pope Alexander the sixth, in the year 1500, for the union of the Parish Church of Douai, with the Chapter of the Cathedral Church of the same place, which is quoted by the same author. But the Parliament of Paris upon the Appeal as from abuse, exhibited by the Curate of Douai to stop the execution of it, disannulled the union by an Arrest of the 1 of May 1575., because there wanted a writ for a Commission In partibus. Divers other unions beside have been declared to be abusive, Rebuffus in praxi benefic. de union benef. num. 28. because they were made without the consent of the Lay Patrons; and the Bulls have been annulled as well by the Parliaments, as by the Grand Council. Papon lib. 3. tit. 8. art. 2. Concil. Trid. Sess. 7. cap. 6. 7 Now the Council of Trent hath derogated from all these Arrests and others of the like kind: first, whereas abusive unions may be disannulled without any regard to prescription or tract of time; by this Council prescription of forty years is approved, unless it be in case the Bulls were obreptitious, or subreptitious, that is, unless the Pope had false information; whereas by the foresaid Arrests no prescription is considerable. As for the other which have been made within forty years, it is said indeed that they ought not to be valid, unless they were made upon just cause, and those whom it concerned were called before the Ordinary of the place; but it is presently added, Unless it be otherwise declared by the See Apostolic. Concil. Trid. Sess. 7. cap. 6. So that by this means all depends upon the Pope's pleasure. CHAP. V. Of the residence of Bishops, and approbation of the causes of their absence. 1 IT was usefully ordained by this Council that Bishops and other Prelates should reside upon their Bishopriques and prelacies: Popes unlawfully dispense with Bishop's nonresidence. But yet when all comes to all, there is a dash with the pen that spoils all; for the judgement to be passed upon nonresidents, is reserved to the Pope. It is he too that must dispense with their absence, and approve the causes of it. Council Trent. Sess. 6. cap. 1. & 2 & Sess. 23. cap. 1. These three points are specified in the Decrees of the Council: so that the authority both of Metropolitans and Princes is devolved upon the Pope. And he that considers all shall find that Kings and Princes suffer a mighty prejudice by this means. They shall not have the power to aid themselves with so much as one Bishop for the affairs of their State● and have them near their person to take their counsel and good advice, unless the Pope please. 2 This is not all. The Popes will take order well enough, that there be ever some to depend upon them, and such as may be their creatures; so that as many Bishops as are near to Princes, so many enemies to them. They will bestow whom they think fit in other places, to contrive plots and projects; get them to Rome, to make their abode there so long as their business requires; traverse the Provinces; reside where they shall think expedient. Concil. Trid. Sess. 6. cap. 1. And in case that either upon the Prince's command, or upon any other occasion, one of these Bishops shall venture to absent himself, by virtue of this Council the Popes shall have power to deprive him of his Bishoprique, and put another in his place; for that is said in express terms. 3 By the laws of the ancient Emperors, a Bishop might not absent himself from his Bishoprique, without the leave of his Metropolitan, or the command of his Prince. justinian decrees thus, Novel. Iust●nian. 123. De Sanctiss. Episcop. c. 9 We forbid Bishops to leave their own Churches and go into other Provinces. But if so be there be any necessity of so doing, they shall not go without the Patriarch or Metropolitans letters, or without the command of the Emperor. 4 Our Kings of France have always reserved this authority and prerogative unto themselves, to determine of the residence of Bishops; to compel, or cause them to be compelled by their officers, to feed their flocks, and wait upon their Churches when need required; and that by seizing upon their temporals: to call them from Rome, to return into France: to dispense with them and approve the causes of their absence. We will quote some passages to thi● purpose. 5 Lewes the eleventh in an Ordinance of the eight of january 1475, makes this narration. Voyez le rec●eil du Fantanon les grandes Ordonnance● Tom 4. tit. 2. ca 1. When any questions or differences come upon us, as well concerning the state of the Church of our Kingdom, as other our affairs, we that ought to have recourse to them, cannot be assisted, aided, or advised therein by reason of their absence, where we and the Common wealth are ofttimes much interessed. Then after he ordains in this manner; We will, ordain, and declare by these presents, that all Archbishops, Bishops, Abbats, Prelates, and others, that hold any dignities within our Kingdom, Prince's to determine of residence. and do dwell and reside out of the bounds and limits thereof, and out of our obedience, do repair and return within five months after the publication of these presents, unto their benefices within our said realm, or unto some one of them if they have any more; and there make continual residence, there to celebrate and continue divine service, as belongs unto them, and as they are bound to do. As also to the end that they may serve and assist us in our Counsels and otherwise, to the behoof of us and the Common wealth of our said Kingdom when need shall be. And this upon pain of being deprived of the temporals of their said benefices. 6 Henry the second in an Ordinance of the first of May 1557, directed to the Court of Parliament of Paris. Ibid cap. 2. tit. eod. We command, charge, and enjoin you by these presents, that in our name you enjoin all Archbishop's Bishops, Prelates, Curates, and others that have cure of souls within our jurisdiction, to retire every one to his Archbishoprique, Bishoprique, Cures, and other livings, and to make personal residence upon them, and to preach and declare, or cause to be preached and declared the word of God, etc. And where they shall refuse so to do, that you cause the fruits, profits, and emoluments of the said Benefices to be distrained and seized into our hands. Ibid. tit. eod. cap. 3. 7 Charles the ninth by his Ordinance of the first of April 1560, ordained the very same thing, both for residence and for the disseisin of temporals, but with this exception: Saving and excepting the Archbishops and Bishops that are of our Privy Counsel, and others employed in our service out of the Realm for the weal public thereof, during the time that we shall make use of them: whereof our Bailiffs and Stewards or their Lieutenants of that jurisdiction where the said Archbishopriques and Bishopriques do lie, shall give us notice presently after. The same Prince in the fifth Article of the Ordinance of Orleans doth enact, concerning Archbishops, Bishops, Abbats and Curates, that have many benefices, Ordonnan. d'Or●leans de l'an 1560. art. 5. That residing upon one of their benefices, and doing actual service there, whereof they shall make good proof, they shall be excused from residing upon their other livings. 8 But see here a thing to be observed! namely that the States of Blois holden in the year 1579, knowing the prejudice which this Council had done to the liberties of France in this regard, thought it reasonable to provide otherwise for the approving of the causes of nonresidence than it had set down. For it is enacted in the fourteenth Article of the Ordinance made by King Henry the third, upon the complaint of the said States, Ordonnance de Blois de l'an 1579. art. 14. That all Archbishops and Bishops shall be bound to reside upon their Churches and Dioceses, and according to their ability to discharge their duties in person. From which residence they shall not be excused but upon just and reasonable causes, approved by law, and such as shall be certified by the Metropolitan or signior Bishop of the province. Otherwise if this be not done, besides the penalties ordained by Counsels, they shall be deprived of all the fruits issuing in the time of their absence. Which shall be seized and taken into our hands, to be employed in the reparation of ruinous Churches, alms to the poor of the places, and other charitable uses. By this Ordinance the Metropolitan gives the certification, and the King's officers the judgement in causes of absence, without reserving any thing to the Pope. Nor is this law peculiar to our Kings, but common to them with all other Princes, as it shall appear by what we shall speak of it in another place. CHAP. VI Of the frequency of Counsels. 1 IT is a great advantage which the Pope hath got, Counsels to be held every ten years. that there must be no more General Counsels but when he pleaseth. For lo here the Decree of our Council! Concil. Trid. Sess. 2●. vers. fi●em. If it chance that there be any things (which it thinks there are not) that require further declaration or determination, besides other remedies appointed in this Council, the holy Synod trusts that the most blessed Bishop of Rome, either by calling forth those whom he shall think most fit to treat about such a business, out of those Provinces especially where such difficulty shall arise, or by the celebration of a General Council, if he think it needful, or by any other more commodious way as he shall think good, will take care that the necessities of the Provinces be provided for, for God's glory and the Church's peace, 2 This is all one as to make the Pope past breeching, past tutor and correction: to take away that frequent celebration of Counsel's, and leave the convocation of them to their courtesy is as much to give the rod wherewith the master hath whipped him, into the Scholar's hand, to do what he please with it. The Popes when they were monstrously debauched in a monstrous fashion, and given over to all manner of vices, abominations, and impieties, were curbed and brought under to some discipline by the Counsels of Pisa, Constance, Sienna, Basil, Lausanne, and the second of Pisa. Where many of their Popes were deposed: where many good rules were made for the holding of Counsels, tending principally to the reformation of the abuses of the Pope and Court of Rome: where it was religiously ordained that General Counsels should be called and celebrated every ten years: and that in such sort as the Popes might not prolong the term, but might abridge it if need required. See here the very words of the Decree of the Council of Constance. Conc. Constant. Sess. 39 We ordain and decree by this perpetual Edict, that from this time forwards General Counsels shall be holden in this manner. The first that shall be held after this shall be within five years' next following, and the next after that within seven years immediately, reckoning from the end of the former; and always after from ten years to ten years for ever. And afterwards. Which term the supreme Bishop may abridge upon some occasions which may come to pass, with the advice of his brethren the Cardinals of the holy Church of Rome, but he may not protract it in any wise. 3 This same Decree is set down word for word in the first Session of the Council of Basil, and confirmed by it. Concil. Basil. Sess. 1. & 11. And in the eleventh Session is added this exposition of it. This holy Synod doth further declare that these words of the Decree (That it cannot be prolonged in any wise) ought to be understood by way of forbiddance or prohibition, in such sort as it cannot be prolonged even by the Pope himself. It is the third time repeated and confirmed in the sixteenth Session. Conc. Basil. ●ess. 16. Conc. Pisan. 1. in princip These same Decrees of these two Counsels are transcribed word for word into the second of Pisa at the beginning, and confirmed by it. Antiquity shows us plainly that after the Christians were at liberty, General Counsels were very frequent. The benefits of Counsels. Conc. Constant. Sess. 39 Idem in aliis supra relatis. 4 The fruit that springs from the frequency of these Counsels is recommended unto us by the Decrees abovementioned, where it is said, that it is the principal tillage of the Lords field: that it extirpates heresies, schisms, errors: corrects excesses: reforms what is amiss: makes the vineyard of the Lord fertile. Whereas the cessation of them on the other side produceth quite contrary effects; as it is there delivered, with this addition, That the memory of times past, and the consideration of the present, made them eye-witnesses of it. Whereunto we will add the testimony of Mr. john Gerson. johan. Gerson de eccles. potest. Considerate. 10. There never was heretofore, nor ever will be hereafter a more pernicious plague in the Church, than the omission of General Counsels, whether in the matter or in the authority. And in another place. Idem in serm. pro viagro Regis Romanorum in fine. If so great and such enormous dangers have befallen the Church of God, since the celebration of General Counsels hath been intermitted, it is easy to see how useful and commodious the frequent celebration of them would be. 5 He is a very novice in the history of later times, which knows not the shifts and evasions which the Popes have used about the holding of General Counsels, even after they have by solemn oaths bound themselves to hold them; and the wiles they have used to disannul and dissolve them; the bicker and disputes they have had with Counsels themselves about that matter; whereof we make mention in diverse parts of this discourse. The same Gerson witnesseth as much, in saying that the Pope's abuse the plenitude of their power, in that they will not celebrate General Counsels. 6 Everard Bishop of Salisburg in an Imperial Diet of Germany holden about two hundred ●●ares ago, speaks thus of this matter. Aventin. lib. 7. Annal. Boiorum He that is the servant of servants desires to be the Lord of Lords, as if he were a God: he sleights sacred assemblies, and the advice of his brethren, yea of his masters: he is afraid lest he should be constrained to give account of those things which he commits daily more and more against the laws. Franciscus Zabarella in tract. de Schismate. 7 Zabarel Cardinal of Florence, who writ a little before the Council of Pisa, saith: The ancient custom was that all difficult cases should be determined by a Council, the convocation whereof was frequent. But in after times certain Popes, that have governed the Church rather like earthly Princes than like Apostles, never took any great care to call them. From which neglect hath sprung much mischief. 8 jacobus de Paradiso saith, jacob. de Paradis. Carthusan lib de septem statib. Ecclesia. They tremble to hear any man speak of the calling of a General Council: knowing by experience that Counsels do not deal gently, but correct and amend without respect of persons. And indeed the Emperors and Princes, who in these later times had quite let go the reins of Ecclesiastical discipline, through ignorance of their right, were forced to resume their authority, and proceed to the convocation of Counsels against the Pope's will. 9 So that it is but a cheating of Christendom above board to leave the judgement of the necessity of General Counsels to the Pope's will and pleasure; abolishing by this means the good order established by the Counsels aforesaid, which was received and confirmed by our Pragmatique Sanction; where the said Decrees are transcribed word for word. Which gave occasion to King Charles the ninth to require by his Ambassadors at Trent the celebration of General Counsels every ten years, as appears by his demands● to which no regard was had, because this entrenched upon the Pope's authority, who by this kind of suppression of General Counsels hooks all the power of them unto himself. CHAP. VII. Of the Jesuits. 1 THe Order of jesuits, instituted by the two Popes Paul and julius the third, Jesuits the Popes vassals. the authors of this Council, is confirmed and authorized by the Council itself: which tends wholly to the exaltation of their authority, and strengthening of their power; as shall appear by such reasons as we shall urge, taken out of their own writings. The main vow whereunto they are bound by their institution is that of obedience. Hark what Loiola their founder saith of it in a letter of his which he writ in Italian to the Fathers of Portugal; We easily endure to be outdone by all other Orders, in fastings, watchings, and other hardnesses, which they use in a holy manner, according to their institution: but in purity and perfection of obedience, I earnestly desire that you would surpass all the rest; with a true resignation of your own will, and a denial of your own judgement. Now this vow looks full upon the Pope, to whom they commit themselves both soul and body, to be no more their own; not to believe their own sense, their judgement, their understanding, their prudence, and counsel: but to dispose of, and submit themselves totally to him, to go, come, do, say, execute upon all and against all, whatsoever he shall command them. The form of their vow, which I am about to insert, shall serve for proof of my assertion. 2 As many as shall make profession in this Society's Haec ex Bulla julii 3. quâ confirm●tur institutio & statuta jesuitarun, quae extat in cap. 21. lib. 3. de vita Ignatii Loiolae novite● excusa Lu● duni apud jacobum Roussin. Ann. 1594. let them not only know before they make it, but remember as long as they live, that all this Society in general, and more particularly those that are professed in it, serve God under a faithful obedience to the most holy Father Pope Paul the third, and other Popes of Rome his successors. And although we be taught by the Gospel, and do know by the Orthodox faith, and firmly hold that all the faithful people of Christ are subject to the Pope of Rome, as to the head and Vicar of jesus Christ: yet notwithstanding for the greater devotion to the obedience of the See Apostolic, and the greater denial of our own wills, and the more certain direction of the Holy Ghost; we have judged that it would be very commodious that every one of us, and all those that shall hereafter follow the same profession, besides the common tie of the three ordinary vows, be bound hereunto by a more special vow; to wit, that whatsoever the present Pope, and all others hereafter for the time being shall command, for the good of souls, and the propagation of the faith, into what country soever they shall please to send us, that we be bound to perform their pleasure immediately, without any tergiversation or excuse, for as much as lies in our power: whether they be aminded to send us amongst the Turks, or other infidels whatsoever, yea though it be even unto those that are called Indians: or among heretics and schismatics whosoever they be, or among Christians. Now these missions and delegations must depend upon the Pope alone, and next to him upo● their General. Ibid pag 334. And to the end that no ambition nor refusal may take place amongst us by occasion of these deputations, and elections of Provinces, let every one know that he need not trouble either himself or others about it, nor take thought for it; Th● Pope defied by Jesuits. inasmuch as all the ●are thereof must be left to God and the P●pe, as his Vicar, and to the General of the Society. 3 Being obliged unto the Pope by such a vow as this, they are bound to do 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 believe them, but to refer themselves wholly to him. Nay there is yet more; that is, that it is not lawful for them to imagine that any error or impiety or injustice can come from the Pope; but all religion, zeal, devotion, equity, and truth. Behold their maxims! Bellarm. in 3. Controu. de summo Pontif. l. 4. c. 5. That the Pope cannot err 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 believed, that the Pope cannot err a● Pope; yea and that as a particular person he cannot be a heretic, by beleeveing with obstinacy any error against the faith. See yet a third, Ibid cap. 6. jesuitae in censura Coloniensi. fol. 136. If any man examine the doctrine of the Pope by the rule of God's Word, and seeing that it is different, chance to contradict it, let him be rooted out with fire and sword. Afterwards they make a particular enquiry into the life and doctrine of all the Popes that ever lived; Bellarm. ubi supra. c. 8. et seq● Eadem Bulla julii 3. quae extat l. 3. de vita Ignatii. c. 21. pag. 335. and maintain 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 Pope's Bulls and inserted in them, that they are bound to acknowledge Christum velut praesentem, (Christ as present) not only in the person of the Pope, but also of their General. 4 Let any man of sound judgement judge now if they can deny it, whether their souls be their own; whether they can avoid the Pope's injunctions and commands, or excuse themselves from them in any wise; whether they can presume that he will cast them upon sin, though the thing he command them be a crime or offence. Whence we must necessarily 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 be so too. So it is seen in effect that at this day there are some doves, some maidens, some sheep: that they help to establish the edict of pacification, that they peaceably converse with those whom they account to be heretics: t●at they admit their children into their Colleges, with protestation to leave them to the liberty of their consciences. But on the contrary, if a Boniface the eighth, a Benedict the thirteenth, a julius the second, a Gregory the fourteenth, or a Sixtus the fifth should be alive again. What should become of France that hath so many janissaries or emissaries upon her hands, so many enemies within her bosom, so many worms within her bowels, which gnaw her within, and tear 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 own life is the master of another man's? Can he escape a dismal blow, having in all parts of his Kingdom some persons that upon the least whistle will run some to their knives, some to their swords? which will arm themselves with fraud, and treachery, and perfidiousness? which will make underhand plots and projects? which will seduce his subjects, and draw them from his obedience? will pronounce him a tyrant, an heretic, a schismatic, how good, how religious, how Catholic soever he be? Let not my words be credited, but the examples which have been seen of it: let a man fancy to himself France all covered with blood, and fire, and flames; let him remember how the Popes opened the vein, how they lighted the candle, how they sung the Te Deum at the murder of our Kings: how they would have turned our state topsy turvy; that they gave the greatest blows to it: that the champions we speak of did wonders there and made their names immortal. 5 Great Prince, Jesuits doctrine against Kings. your Majesty needs not fear any of this, being protected by the particular care and extraordinary favour of God, which overshadowes it, and makes it redoubtable to all your enemies, for your valour, your power, and your trophies, being cherished by a Clement truly ●lement. He speaks to Henry the 4. But Sir, what shall become of your poor posterity? what hope of safety do you leave to them? what means of refuge, having the rat in the bag, the serpent in the bosom, the powder in the pistol, or, to speak more properly, in the four corners of France, to which an Inclement will easily give fire? But I come to their maxims. They being servants and slaves to the Pope, cannot be good subjects to their Princes: for they profess themselves exempt from their subjection, and avouch as much of all other Clergiemen to make their party the stronger. 6 See here an Aphorism which Emanuel Sa the jesuit sets down in his book entitled Aphorismi Confessariorum, Emanuel Sa in verbo Clerical. printed at Anvers the year 1599, and afterwards at Paris this present year 1600, after he had studied the point forty years, as he professeth in the preface. The rebellion of a Clergyman against the King is no treason, because he is no subject. For as much as they make profession of this rebellion, they provide for themselves beforehand by such like axioms as these. They make maxims in State affairs, even such as respect the persons of Princes, and occasion their subjects to make conspiracies and enterprise upon their lives. Lo here one. Idem in verbo tyrannus. He that governs the Realm or Dominion, which he hath justly got, in a tyrannical way, cannot be deprived of it but by a public judgement. But the sentence being once past, any man may be the executioner of it. He may be deposed even by the people that have sworn perpetual allegiance to him, if he do not amend after he hath been admonished. But he that tyrannically usurps the government, may be killed by any of the people, if there be no other remedy, for he is a public enemy. See here another of the like strain. Idem in verb● privilegium. The Prince may be deprived of his dominion by the common wealth, either for his tyranny, or if he do not do his duty, or if there be any other just cause, and another may be chosen in his stead by the major part of the people. 7 Let every man bethink himself whether these Maxims have not been practised in our France: and let him add to all this the excommunication of a Pope incensed against some Prince whom he will declare by his Bulls to be a tyrant, or heretic, and he will easily judge whether he that shall be pronounced such aught hereafter to think of any thing but the sepulchre of his ancestors, to procure that he may obtain it at least. In my opinion if our Jesuits deny to speak roundly, and say 'tis a meritorious work to kill him, it is lawful for any man to execute the sentence: Yet this is the doctrine which they teach their disciples; confessed by john Chastel, registered in the Arrest of this venerable Parliament of the 29 of December 1594. the words are these. He said at the same examination that it is permitted to kill Kings, and that King Henry the fourth now reigning, is not in the Church till such time as he hath got the Pope's approbation. Confessed likewise by William Parry executed in England. Confessed by Peter Pan, the jesuits of D●wayes emissary to assassinate Prince Maurice, giving unto the Governor or rector of that College the honour of that doctrine which he had learned from him. Maintained in a public writing made by Mr. Allen Principal of the College of the Seminary at Rheims: declaimed in their ordinary talk, in their solemn orations: whispered in the ears of those that come to them for absolution, and infused into their souls; as it is declared by those true discourses made upon that subject by the finest wits of France. 8 Let us run over the other maxims which concern the present state of this Kingdom, and judge whether they tend to peace and quiet. If Luther (say they in their Cullen censure) had been rooted out by fire and sword forty years ago, I●suites doctrine pernicious to the State. or if others had been so dealt with, peace might by this means be restored to the Church. Censura Coloniensis Iesui●arum fol. 136. 9 Father Emond, in a book of his printed at Paris by Sebastian Nivelle the year 1568, and by him dedicated to King Charles the ninth, with this inscription, The Pedagogue of Arms, To instruct a Christian Prince to undertake a good war well, and accomplish it with success, to be victorious over all the enemies of his State, and of the Catholic Church, gives us other rules which have been put in practice. See here some of them. Le Pedagogue d' Arms 10 That wars have been always accounted not only profitable, but necessary. Chap. 8. 11 That the Pope is bound to take arms against heretics. Chap. 9 12 That to a Monarchy undertaking such a war, a man cannot urge any of his former Edicts or Ordinances. Chap. 4. 13 That no man how potent soever he be, can contract with an infidel, or one that hath revolted from his conscience. He gives this reason; Fol. 13 For what King is there, how redoubted soever he be, that can (without villainously falsifying and breaking his oath made to God) permit and give leave to the enemies of all truth, and condemned by the general sentence of all the world, to so● heresies in his countries, and allure souls? He adds further, Fol. 1● That what conditions of peace so ever he can grant unto his rebels in this case, will not endure long: But it will behoove him not to awake such strong and potent enemies; that to make a peace with them at last, he must resolve to make a good war. And anon, As oft as by the Articles of peace, licence is granted to every man to adhere to which of the two opposite parties he please, without being offended at it, it is all one in my opinion, as if one should cast a man into the fire and forbid him to burn himself. 14 In the seventh Chapter he saith, Chap. 7. Fol. 24. If such persons were infidels or heretics, I would never excuse the Monarch, that, having sufficient means in his own hands, should not essay by all ways, even of fact, to reclaim such a kennel, or drive them far out of his country, out of the territories of Catholics. And so much the more roughly ought he to proceed against them as he knows them perverse in all respects, and of the Huguenots stamp, which should be accounted the most pernicious, most devilish upholders of lies that ever rose up against the Church. 15 After he hath put weapons in the Prince's hands to destroy his subjects, he suggests reasons unto him, Chap. 9 Fol. 31. whereby he may repel all such as would make him alter his design. This being well and piously considered, the Prince will find in his heart sufficient reason to assure him of the holiness of the enterprise: without resting upon the remonstrances of those seditious rebels, grounded it may be upon some Edicts, which by the policy and subtlety of bad counsellors, they have obtained of his Majesty to let them live at liberty. But he must answer them with a deliberate and resolved gravity, that if a man by reason of the hardness of the times have committed one fault against his will, there is no reason he should commit two. But that they which are the cause that makes him take arms, should dearly buy the folly of their rashness. And a little below, Fol. 32. But if they grow frantic, and obstinate in their wickedness, they must resolve to endure from him such violence and roughness, as shall be seen upon them and their posterity for ever: they must blame themselves as guilty of the persecution which he hath raised. But if he do not cleanse his realm from such an infection and stench, Jesuits banished France. Fol. 33. let him not think ever to see the face of his sovereign Lord God. He hath sufficient authority to correct a sacrilegious Ordinance, and pernicious to all the world, by a good and just law. We could yet bring more of this kind, but here is enough. 16 It will be answered, It is but one or two of the Jesuits that have said thus: that the whole Order should not be blamed for it: that there are some among them that preach peace. But observe here a very pat reply; That none of them intermedles any thing with such matters, but by command from their Gen●rall, which prescribes each of them his function, and the General commands nothing but what is enjoined him by the Pope, whose oracles he receives at Rome without budging a foot from him. It is one of the rules of their institution. For lest any might use zeal, but not according to knowledge, In eadem constitutione julii 3 quae extat in ca 21. li. 3. 〈◊〉 vita Ignat●● Loiolae. let the judging of what degree every man shall be, and the designing and distribution of offices, be wholly in the power of the General, or Prelate, w●ich shall be appointed by us any time whatsoever, or of those whom he shall substitute with such authority. 17 Let us yet set down one most true maxim, but which is as much or more verified in fact as in writing, and then an end. That the Jesuits apply all their divinity to overthrow the States of Kingdoms and Principalities, to make them change their masters. The Arrest of Paris, given by the great Chamber and the T●urnelle in full assembly, calls them Enemies to the King and State. Such a company as doth not judge upon the ticket of a sack. There must have been great matters, and very concluding proofs to declare them such: to confiscate all their goods, and banish them out of France. Du Steurs D' Arnalt. Pasquier. Versoris. He that shall read the plead upon that subject, and the inscription of the Pyramid, will understand some part of it. The examples of other States, the blows which they have struck, which are but too well known to all Christendom, their achievements and ●onquests, do but too much bewray the inside of their stomach; and make us believe it was not without a mystery that they professed themselves unto Princes for Pedagogues of Arms. CHAP. VIII. Of the election and nomination to the investitures of Bishopriques, Abbeys, and other Prelacies appertaining to the Emperors. And first of the election of Popes. All elections ascribed to the Pope by this Council. 1 THis Council gives the Pope the power of election and nomination to all Bishopriques, Abbeys, and other Prelacies in all the Kingdoms and Provinces of Christendom. For in the first Chapter of the seventh Session, the Pope's authority is reserved for as much as concerns Bishops, their residence, and other points of reformation. This being so it must be at his disposal to ordain what he shall think good: to draw unto himself and his Court all manner of nominations and elections: to put out some, and put in others: to set up a trading and traffic in that behalf, as he hath done at other times, and doth at this present: to make a common mart and a famous fare of his Court: to rob Princes of the right which belongs unto them in point of nominations, elections, investitures and such like. For if the Pope intermeddle, as he may lawfully do, they can no way complain of him, nor debate their right against him, nor say that he deprives them o● what belongs unto them. And indeed the same Council hath decreed it downright: For it is said in the eighth Canon of the twenty third Session, If any one affirm the Bishops that are created by the authority of our Holy Father the Pope of Rome, to be no true and lawful Bishops, but a humane fiction● let him be anathema. 2 In the first Decree of the twenty fourth Session, the election, nomination, and entire disposal of Bishopriques and Prelacies is given unto him without any more dissembling: See here the form which is there set down; 1 That at the Provincial Synod which shall be holden by the Metropolitan, a certain form of examination, inquisition, or instruction proper to every Province, be prescribed to all places. 2 That it be approved of by the judgement of our holy Father the Pope of Rome. 3 That as soon as this examination or inquisition of the party to be preferred is finished, it be drawn into a public instrument, with all the attestations, and testimonials, and profession of faith by him made. 4 That all be sent forthwith to our most holy Father the Pope of Rome, that having full intelligence of the whole business, and of the persons, if by the examination and inquisition they be found fit men, for the good of the Lords flock, he may profitably furnish the Churches with them. 3 It may be said that all this may be well understood without entrenching upon the right of others, especially of Kings and Princes who have the disposal of them. But that is provided for by another Decree, in such sort that they are not indeed quite right excluded, but a gap is opened to their exclusion, by inventing a way to make them yield unto them. For in case the preferment be done without them, Concil. Trid. Sess. 23. cap. 4. de Sacramento Ordini●. they declare it to be valid and good. And God knows whether such a course will not be taken that they shall have no hand in it at all. Th● holy Synod further teacheth, that in the Ordination of Bishops, Priests, and other Orders, neither the consent, The ●ight of Princes in elections. vocation nor authority of the people, or any other Secular power or Magistrate is so required, that the Ordination should be frustrate without it: But rather it decreeth that those who rise up to exercise these functions, being called and ordained only by the people or Secular power and Magistrate, or by their own rashness take them upon them, ought all of them to be reputed, not Ministers, but thiefs and robbers that came not in by the door. 4 It may be made to appear yet more particularly, that this Counsels intention was to put into the Pope's hands all that concerns the election of Bishopriques and other Ecclesiastical dignities and offices, and to deprive others that might claim any right to them. For by the first Chapter of the sixth Session, the care and charge of preferring or causing to be preferred unto the government of Churches, such as shall be most worthy, and the power of providing for Bishopriques in stead of the Bishops that do not reside, belongs unto him: which will be a means for him to revenge himself of such Princes as would desire to retain trusty Prelates in their Counsel. For if they do so without the Pope's licence, they shall be deprived of them: if with his consent, they shall be but ill served by them. Besides, the Pope will keep them continually in awe by other means afforded him by this Council; as namely, by the oath which they are bound to swear unto him at their Provincial Counsels and Synods within their Diocese; by the censure of their life and manners, their errors and offences; which is also granted unto him, with supreme jurisdiction to punish them. Can. nullus. C●n. Adrian 1. 〈◊〉 por●o. Can. si pe● ord●nat●o. ●an non est ex dicto Gratian in his verbis Ex co●●●itutionibus dist. 6●. Gloss. ad regul. 29. in ●e●b. quod Omnes. regul. ●uris in 6. V. sacraescriptur● testimonia apud Marsilium Pa●avin. in desens. pa●. ●art. 2. cap. 17 Can. quarto. Can plebs. Can. no●se. Can. Episcopos. Can literas. Can. Metropolitano. Can. si in plebib. Can. Cler. Can. vota civium. ●an. Sacrorum. dist. 61. Ivo Episcopus Carnotensis Epist. 3. Idem Ivo epist. 2. & 3. 5 And as for lesser dignities, the Pope is entreated at the twenty first Chapter of the last Session, that the Monasteries, Abbeys, Priories and Provostships be bestowed for the future upon regular men, of tried virtue and sanctity. If these authorities be not sufficient, we add further; That this Council gives the Pope authority over all; that by this means he may derogate, abrogate, change, make, unmake, any thing that he pleaseth; the clause of Clavae non errante, and the exception, Curita facis? being now abolished. We say more, that this Council confirms all the Canons and Decrees of Popes, and that by them elections now adays belong neither to the people, nor to Kings and Princes● that they have neither part nor quart in them, nor can they meddle with them in any sort. In all this the interest of Kings and Princes and of the people likewise is concerned. If we make this right and interest appear by their own testimonies, by the very Canons and Decrees of Popes and Counsels, by the authority of all antiquity, by the credit of Histories; what will remain more, but that we conclude, that that is by usurpation taken from them, which in justice ought to be restored unto them? The Glossatour upon the Canon Law confesseth this usurpation in down right terms. For speaking of the consecration of Archbishops, The Archbishop (saith he) of right aught to be consecrated by all his suffragans; yet notwithstanding the Pope usurps this power to himself. With greater reason may it be said that he usurps the consecration of Bishops and others that are of inferior dignity. 6 Now that the people hath a share in the election of their Bishops and Pastors, besides the express places of holy Scripture, which may and aught to suffice, I urge their own Canons and the sayings of former Popes, who testify the use and custom of the ancient Church in matter of elections; and tell us in plain terms that they were made by the Clergy and people jointly, and by one common advice, without the one usurping upon the others authority. Amongst the Epistles of Ivo Bishop of Chartres we read the very form which the Popes used at the consecration of Bishops; where mention is made of the election of the Clergy and people, which begins thus. Forasmuch as we believe that being called by the will of God, the Clergy and people of such a City have with one consent chosen you their rector and Bishop, Pope's chosen or confirmed by Emperors. brought unto us to desire consecration, etc. The very same form did Pope Vrban use at the consecration of the said Bishop of Chartres; for it is upon that occasion Ivo relates it. Can in Synodo. Can. quia sancta Can. Cum Adrianus. Can. Ego Ludovicus. dist. 63. Vid. justinian. Constit. 137. de ordinat. Episc. & Cleric. lib. 1. Capitul Caroli Magnica. 84. Glabrum Rodulph. lib. 5 hist. cap. 5. 7 This was also observed even in the election of the Pope of Rome, which was performed by the Clergy and people, as their own books testify. To all which they proceeded in such sort as the Prince's authority was above all. For whether he made the election himself alone, and by his own proper authority, (which is condemned by this Council) or he gave and granted it sometimes to the Pope (this I learn from their own writings) sometimes to the Clergy and people; yet still so as his consent and the confirmation was reserved unto himself. The Emperors and Princes themselves made the laws and Ordinances concerning it: they prescribed the order and form which should be observed in it. All this is testified unto us by the Popes and Counsels themselves; yea approved and followed by them; yea with all humility received: and they thought this right to belong to Kings and Princes so far, that they never made any bones of acknowledging in them a power to choose Popes and all other Bishops: of declaring in their Synods that this of right belonged unto them: of confirming it unto them as far as they were able. Can. Adrianus. dist. 63. 8 Pope Adrian with his whole Synod (which consisted of one hundred fifty three Bishops, Religious persons and Abbats) gave the right and power of electing the Pope ●nto Charles the Great: the power and right of choosing: and further ordained that the Archbishops and Bishops of all the Provinces should receive their investiture from him: in such sort as no Bishops can be consecrated by any man unless he be approved and invested by the King, pronouncing and anathema against such as shall do otherwise, as is said in express terms in the Canon Adrianus. Can. Synodo. dist. 63. 9 Pope Leo the seventh following this example made this Constitution. I Leo Bishop, servant of servants, with all the Clergy and people of Rome, do ordain, confirm, corroborate, and grant by our authority Apostolic unto Otho the first, our Lord, King of the Germans, and his successors, the power from hence forwards of electing the successors and ordaining the Pope of the high See Apostolic: as also to the Archbishops and Bishops, to receive their investiture from him, and their consecration where they ought. And a little after. That the Bishop being elected by the Clergy and people, cannot be consecrated till he be first allowed and invested by the King. See here how every one had his share in it: the Clergy and People, the election: the Prince, the approbation and investiture: the Archbishop or Metropolitan, or the Council itself, the consecration. 10 Nor can it be said that this right was first granted to the Emperors in the person of Charlemaigne: it was no more but confirmed: for other Emperors of old were anciently accustomed so to do; as it is affirmed in express terms in the Canon Agatho, Can. Agatho dist. 63. very remarkable to this purpose. Where Pope Agatho, who lived in the year six hundred eighty eight, obtained of Constantine the fourth their Emperor an immunity and release from that sum of money which the Popes were wont to pay the Emperors for their Ordination. Yet so (these are the very words) as he that is elected shall not be consecrated till the General Decree be first brought unto the Royal City (of Constantinople) according to the ancient custom; to the end that the said consecration may be performed with his consent and command. The words (according to the ancient custom) are worth the noting, to show that this was no new established thing: for the Emperor had both the right of the one and the other, so saith the Gloss; that is, both of receiving something at the election, and of granting the confirmation of it. But the example of Pope Vitalianus who is spoken of in the same Canon, makes the point clearer. Whether the Emperors h●ve lost their right. Vitalianus according to the custom s●nt his Legates with a Synodical epistle towards the royal City to the most pious Emperors, to give them notice of his institution. Now this Vitalianus was promoted to the See in the year 1657, under the Emperor Constantine the third, who reigned together with his brother Heracleon, Martinus Polonus in Vitaliano sub ann. 657. as the Archbishop of Cos●●●● tells us, who relates the very same story. 11 Boniface the first entreated the Emperor Honorius by his letters and Ambassadors, to see that after his death the election of the Popedom were made without contentions and corruptions. See here the inscription of the letter which he sent unto him, which we read at this day in Isidores Decree printed at Paris, both in a great and lesser volume, the year 15●4, and 1535● and afterwards at Cullen in 1567. Vid. Decreta Bonfaci● 1. in Isidori Decreto Luteti● excuso ann. 1524. pag. 129. & ann. 1535. p. 196. Here begin the Decrees of Pope Bonifaced The epistle wherein he entreateth the Emperor Honorius, to see that hereafter after the election of the Pope be not carried by canvasing at Rome. After this letter of Boniface, follows the Emperor's answer with this inscription; The Constitution of the Emperor Honorius sent to Pope Boniface, wherein he ordains, that if hereafter two Bishops be created at Rome, the one or other of them shall be driven out of the City. And the text says thus; Let every man know that these canvasings must be left off. But if peradventure by reason of the remeritie of the factions, there be two chosen against the law; we will not that either of those two be the man: but that he alone shall enjoy the See Apostolic whom the judgement of God, and the consent of the world shall choose. 12 We will urge the examples of Pope Symmachus, and Gregori● the Great out of Marsilius, though we could take them out of the authors whence he had them. The like we read (saith he) of Symmachus, borne in Sardinia: for he being elected by discord, together with one Laurentius, was confirmed Pope of Rome by the judgement of King Theodoric. Hear what Martin saith also of St. Gregory; Walteramus episc●p. Naumberg. in lib de inves●l●● epis●. He was chosen Pope, (saith he) and the Emperor Maurice gave his consent by his Imperial letters. Others say that St. Gregory would not receive the consecration, till such time as he had the Emperor Maurice his consent. 13 There are two things especially objected against all this. First, the disclaim which is said to be made by Lewes the Gentle, King of France, and Emperor of Rome, by an express compact made betwixt him and Pope Paschal: whereby he promiseth, That none of his Kingdom, French man, or Lombard, or of any other nation within his dominions, shall have any power or leave to do against the Romans, privately or publicly, or to proceed to any elections, suffering them to consecrate him whom they have elected with concord and common advice, sending Legates unto him and his successors, the Kings of France, after the consecration, to make peace and amity with him. In the second place is objected the constitution of the Emperor Henry the first, where it is said, That none sent by us shall be any impediment to the election of the Pope of Rome. Which makes Gratian conclude that, From these Ordinances, and from the compact of the Emperor Lewes, Vnum instrumentum extat in Can. Ego Ludovicus. dist. 63. it appears that the Emperors have renounced those privileges which Pope Adrian granted to the Emperor Charlemag●e, and in imitation of him Pope Leo to Otho the first, as touching the election of the Pope of Rome, And this is now adays taken for Oracle, and followed, yea practised. 14 There is nothing more easy than to discover here errors and falsities both at on●e. Alterum apud Volaterrarum Geograp lib. 3. cap. de genere & gestis Pepini & ●aroli. Divers, learned men of this age have undertaken to prove that this pretended compact of Lewes is spurious, as well as the Donation of Constantine. And one of the main arguments is, because there are two evidences of this imaginary agreement produced, the one different from the other both in words and substance, yea even in matters of greater moment. Lewes' his compa●● supposititious. In one place it contains a donation of the City of Rome, and many more in Italy, unto the Pope. Whereas notwithstanding all Histories teach us, that they never pretended to the dominion of it, nor became Lords of it, til● in later times they took it into their hands by usurpation. Add hereunto that ancient Historians, some whereof were contemporaries and familiar with this Emperor, speak not a word of it, though they set down his life even to the smallest particulars. But let us grant them this, that this instrument is true, be it never so false: What do they gain by it, for the election of Pope Leo the seventh, by whom the power granted to the Emperor Otho the first, and his successors, of instituting the Pope and all other Archbishops, and Bishops, is much younger? and it is a common rule, That the latter laws derogate from the former. Which will serve also for an answer to the constitution of Henry the first, inasmuch as the fore cited Synod was after it too. For this Emperor reigned about the year 920; and the forementioned Synod was holden about the year 937. 15 But see yet more law! After all this Pope Stephe● the ninth, who lived about the year 1057, Can quia sancta. dist. 63. under the Emperor Henry the second, ordained that there should be no consecration of the Pope● unless it were in the presence of the Emperor's Ambassadors, according to the custom and form set down by the Canons. And after that yet Pope Nicholas the second, having caused a form of the Pope's election to be prescribed by a Council of Lateran holden the year 1059, in such sort as that it must be done by the Cardinal ●ishops, and Cardinal Clerks, (so they called them in those days) with the consent of the rest of the Clergy and people; he adds, Can. in nomine dist. 23. Hildebert in Panorm. l. 3. c. 1 Saving the honour and reverence due to our well-beloved son Henry, King at this present, and who will be● Emperor ere long. 16 And this is so true that even his successors used to do so till Pope Gregory the seventh, who came to the Popedom in the year 1073, who received also his confirmation from the Emperor Henry the fourth: witness Pl●tina, Platina in Gregorio 7. In fine, (saith he) after diverse embussyes, both upon one side and other; the Emperor was reconciled to Gregory, and confirmed him Pope, as was then the custom of Emperors to do. 17 The same Platina saith in the life of Alexander the second, that a certain Archbishop delegated on behalf of the Emperor Henry the fourth, Platina in Alex. 2. reproved him very sharply, for usurping the See of Rome without the Emperour● command, contrary to law and custom. It is true he adds that Archdeacon Hildebrand, who was Pope after him, and was called Gregory the seventh, defending the Pope's cause, said, That if he would consent with law and ancient custom, the election of him belonged to the Clergy. And by these reasons brought over the Archbishop to his opinion. So that this was out of faintheartednes, and not by the truth of his reasons: for he himself that urged them, when he was made Pope, received his own confirmation from the Emperor, as we have said. 18 The right of the Emperors in the election and confirmation of Pope's being such, there can be nothing now alleged against these authorities but mere usurpation and violence, which the succeeding Popes have used towards the Emperors to deprive them of it. For after all these there was no more neither contracts nor agreements about this subject. CHAP. IX. Of the election and investiture of other Bishops. 1 LEt us speak now of other Bishops. Election of Bishops belongs to Emperors. The Patriarches were created also by the Emperor, or at least by his consent and approbation. Balsamon the Patriarch of Antioch gives testimony of it. Theodorus Balsamo in comment. ad Can. 69. Syno●. in Trullo. The Orthodox Emperors, who by the invocation of the blessed Trinity, prefer the Patriarches, and are the anointed of the Lord, go in to the sacred altar when they will. As for other Bishops, we have learned from the Canons before alleged, that the approbation and investiture of them belongs to the Emperors, and they were wont so to use them even with the consent of the Popes and Synods. 2 The authority which the Council of Trent gives to the Pope at this day, to dispose of dignities and Prelacies, belonged anciently to the Emperors; yea and that in such sort as the Popes themselves never came in competition with them for it; but all the power which they had in that respect proceeded from the commission, delegation, or grant of the Emperors. They are the Popes own Canons which say so. Leo the fourth, Can Reatinae. dist. 63. in Gratian'ss Decrees, entreats the Emperor's Lewes and Lotharius, that they would bestow the Bishoprique of Riete upon a certain Deacon called Colonus, and to be pleased that with their leave and permission he might consecrate him Bishop. Which was granted him, as appears by the letter which the Pope writ to the Countess of Riete about it: Can. nobis dist. 63. The Emperor and Empress (saith he) enjoined me by their letters to make Colonus Bishop of Riete, which I have done accordingly. 3 Guido Earl of the same City, by his letter entreated Pope Stephen, that he would consecrate a Bishop that had been chosen by the Clergy and people; that so the Church might not continue any long space without a Pastor. To whom he made answer, Can lectis dist. 63. We could not consecrate him so soon as you desired, because he brought us not the Emperor's letters containing his pleasure therein, as the custom is, by reason whereof we are perplexed. But we advise you, seeing we can do no otherwise in this case, to procure the Emperor's licence, as the ancient custom is, and his letters directed unto us: so shall we not fail to satisfy your desire, and to consecrate him that was elected. 4 St. Gregory, in the same Decret of Gratian makes his complaint to the Empress Constantia, how the Bishop of Salona, which some call Spalleto at this day, had been consecrated by another than himself, and how upon that occasion he had suspended him from celebrating Mass, Can. Salonitan● quaest. 63. till such time (saith he) as I shall have understood from my most Illustrious Lords, whether they commanded him so to do. He afterwards adds, For all this he doth not forbear celebrating of masses, and that he would not come unto him, according to the Emperor's command. 5 In the Canon Principali, Can. Princip. dist. 63. Pope Pelagius the first or second writes to the Bishop of Forcella, how he had received a letter or commission from the Emperor, called Sacra, whereby he was commanded to create a Priest, a Deacon, and a Subdeacon in that City: in obedience whereunto he commanded the said Bishop to proceed to the ordination. When Popes begun to usurp elections. Gregory the thirteenth in his new purgation of the Canon law, saith that the consecration spoken of in this Canon was made upon the Emperor's demand. He should have said by the Emperor's command. For it is in the text praecepit, and not petiit. Can. Quiaigitur. dist. 63. 6 Gregory the Great speake● in another place of a Bishop of Locri elected by common consent of a Council, and assisted by the Emperor's pleasure, in the year of the Lord 1046. Gregory the sixth created Odilo Abbot of Clunie, Archbishop of Lions by his own proper authority, sending him the Pall and the Ring, which he received; yet without accepting of the Dignity, saying he would reserve it for him that should be chosen Archbishop. At the same time the Emperor Henry the third, Glaber Rodulphus lib. 5. hist. cap 4. to whom Lions then belonged as an Imperial City, was persuaded as well by the Bishops as by all the people, to ordain Odolricus Archbishop thereof, who was Archdeacon of Langres● a man worthy such a charge: which he did. Idem Glaber lib. 5. cap. 5. 7 The same Emperor made an Edict against Simoniacal persons, where he urgeth this reason: As God hath freely given me the Crown of the Empire, so will I freely bestow that which belongs unto his religion, and will have you also to do the like, saith he, speaking unto the Bishops whom he had assembled in a Council to provide against that contagion which was so rife in those days; and having found them all almost spotted with that disease, having pity on them he gave them this comfort. Idem ibid. Go your ways (saith he) and endeavour honestly to distribute what you have unlawfully received: and pray to God for my father's soul, who is guilty of this fault as well as you. Therefore the Emperor Conrade, his father, created those Bishops, though it were by Simony. 8 All the rest of the Emperors that lived both before and after him had the same power of choosing or confirming Bishops and other Ecclesiastical Prelates, Helmod in chronic. Slavor. cap. 70. Waltramus Episc. Naumburg. in lib. de invest. Episcop. or of approving them by putting them in possession of such dignities, by granting them investitures into them. Helmodius a Priest and historian makes Vicelin Bishop of Aldembourg speak thus. To invest Bishops belongs only to the Imperial Majesty. He puts the same language in the mouth of the Archbishop and Clergy of Breme: The investiture of Bishops is permitted only to the Imperial dignity. A certain Bishop of Germany in a treatise made by him of the Investiture of Bishops, the year 1109, saith amongst other things, That Gregory the great writ to Theodorick, Theodebert, and Brunedulde (Kings and Queen of France) to make their investitures of Bishops without Simony. He saith also that Pope john confirmed the investiture of the Bishoprique of Liege which King Charles had granted to an Abbot whose name was Richard. 9 An infinite number of * Sigebert. in Chron. sub ann. 1111. Martin. Polon. in Henr. 4 sub ann. 1110. Matth. Westm. l. 2. an●112 ●112 Helmod. in hist. Slavor. cap. 32. & 70. Petr. de Ferrariis in forma libelli quae agit ex substit. in verb. ex suo corpore. num. 3. Lambert. Schafnaburg. derebus German. sub an. 1071. et passim. Author continuationis ad Bedae hist. lib. 2. ●ap. 21. Historians and other ancient Authors beside do testify that the Emperors bestowed Bishopriques and Abbeys, and gave the investitures of them. I shall content myself with putting down some of the●● in the margin, without relating what they say of it, considering it is a thing sufficiently known. 10 The Emperors enjoyed this right peaceably without any controversy till the time of Gregory the seventh, who though himself had received his confirmation from the hands of Henry the fourth, as we have said, yet with the advice of a Synod, he thundered out an a Can si quis deinceps. & sequentib. Caus. 16. q. 4. excommunication against all Em●perours, Kings, Dukes, Marquesses, Earls, and other secular powers or person who should adventure to confer investitures of Bishopriques and other Ec●clesiasticall dignities; and against such as should receive them at their hands● Which Decree serves now adays for an inviolable law unto his successors being enrolled in their books. And we may truly say this was the flame tha● gave fire to those seditions, wars, and other bicker betwixt the Pope and Emperors, which have consumed all Christendom, and which engen●dred nought since but disorder and confusion. 11 I will not stay to relate the histories of all that hath passed concerning this subject, Henry the ● and the Pope's quarrel about investitures. because they are sufficiently known to every body: save only what passed betwixt Pope Paschall the second and the Emperor Henry the fifth, whom they hold to have renounced this right to the prejudice of his successors. This Pope made an obligation to this Emperor about investitures, in these terms. Pope Paschal granteth unto the Emperor Henry and to his kingdom as his privilege, inviolable, and in the person of the Bishop or Abbot elected freely without Simony, the same will corroborate and confirm, with consent of the said Emperor, that it shall belong unto the said Emperor to invest them by giving of a ring and crosier staff: and that the Bishop or Abbot thus invested shall freely receive consecration from that Bishop to whom it shall belong to give it. But if any be elected by the Clergy and people, unless he be invested by the Emperor, he shall not be consecrated by any man: and the Archbishops and Bishops shall freely consecrate those that are invested by the Emperor. He set out another Bull and constitution beside, pretty large, containing for substance the same with the former script, which we read in histories entire. 12 All this is now condemned as a nullity, and accused of force and violence; being made by a prisoner and captive Pope. Besides, the repeal thereof is alleged, which was made presently after by the Counsels of Lateran and Vienna under the same Pope, and almost at the same time. That of Lateran calleth this privilege granted unto Henry a praviledge, playing upon the word, condemns it, casseth, and declares it a nullity; yea and excommunicates it. We condemn it (say they) we judge it null, and utterly cashier it, and for fear lest it should have any authority and efficacy, we absolutely excommunicate it. That of Vienna useth the like condemnation, and goeth yet further, declaring investitures to be heretical. Behold the words. Following the authority of the Church of Rome, we judge investitures of Bishopriques, Abbeys and other Churches to be a heresy. It pronounceth also the same Emperor accursed. We excommunicate him (saith it) we anathematise him, and cast him out of the bosom of the holy mother Church. 13 Such was the fury of the See of Rome against this poor Emperor, that the Legates trotted over all parts of Christendom to cause the like excommunications to proceed against him, as an ancient writing testifies which Mr. Francis juret hath inserted in his notes upon the Epistles of Ivo Bishop of Chartres. The year one thousand one hundred and fourteen Cono Bishop of Pilastrine and Legat of the See Apostolic, did anathematise the said King Henry at Beauvais at a Council by him there holden, and at the next Lent. He condemned the same Henry in a Council holden at Rheims. Conon condemned King Henry at Cullen in the Church of St. Gereon. Conon condemned the same King in a fourth Council holden by him at Chalons. 14 See here is enough to put him in a fright, Matth. Westm. lib. 2. sub ann. 1102. pag. 23. but they must trouble England too about it. For Anselm Bishop of Canterbury having received the decree of the Council of Lateran, did his endeavour to make it be observed, by degrading certain Abbats and Priours, who had taken their investitures from lay hands. 15 This poor Emperor, abandoned almost by all the world, and combated even by his own subjects, especially by the Clergy, was constrained to renounce the right of his predecessors, and to quit claim the investitures to the Pope, by a goodly declaration which he made concerning it; see here the words. Abbas Vsperg. in Chron. Willelm. Malmesb. de gestis Reg. Angl. lib. 5. fol. 9 I Henry by the grace of God Emperor of Rome, for the love of God, of the holy Roman Church, and of Pope Calixt, and for the benefit of my soul, do restore unto God, and to his blessed Apostles Peter and Paul, and to the holy Catholic Church all kind of investiture made by the ring and the staff, and permit that elections and free consecrations be made in all Churches. The Pope on the other side made this declaration unto him. Henry's renunciation invalid. Calixt, servant of the servants of God, to his well-beloved son Henry, by the grace of God Emperor of the Romans. I grant that the elections of the Bishops and Abbats of Germany, Idem Vsperg. Et Malm●b. ib. which belong to the Empire, be made in your presence without Simony and violence; to the end that if any discord chance to arise betwixt the parties, you may give your consent and assistance to the sounder side, by the Counsel, or judgement of the Metropolitan and Provincials. And that he who shall be elected may receive from you the Royalties by the Sceptre, excepting all such as belong to the Church of Rome, and that he do unto you all which he is bound by right to do. And he that shall be consecrated in other parts of the Empire, shall be bound to receive the Royalties of you by the Sceptre within six months. He calls the fiefs and other rights which the Bishops hold of the Empire, Royalties. 16 The question is now whether this renunciation be valid, and whether it could prejudice his successors. No good lawyer will ever pronounce for it. First, in as much as the Counsels aforesaid canceled the obligation of Pope Paschal as made by impression and violence, this renunciation of the Empire stands void by the same reason; considering he was brought to that extremity by the noise of those thunderbolts hurled by the See of Rome in all parts of the world, and by the revolt of his subjects seduced by the abuse of these spiritual remedies, and by the war which was stirred up against him, to preserve and defend himself from an ignominious authoration, and to procure the repeal of those anathemas which vexed his soul, how ever unjust, he was compelled to disclaim his rights. 17 Now this force and necessity appears by that testimony of Otho Bishop of Freisinger. Wherefore (saith he) the Empire being dismembered, and broken many ways, the Emperor perceiving that the King revolted from him, because of the anathema pronounced against him, and fearing his father's example, having called a great assembly of Princes together at Worms, he resigned the investiture of Bishops to Lampert Legate of the See Apostolic. The revolt against him was such, that his own nephews did abandon him (saith the Abbot of Vsperge) who adds these words, the true tokens of this violence. Abbas Vsperg. in Chron. sub ann. 1122. He surrendered Ecclesiastical investitures unto the Church, and all other spiritual matters, which the Emperors of Germany had so long managed, and which he had purposed, for the not impairing the honour of the Empire, never to forgo so long as he lived. No man can say but an injust anathema is an unlawful force, a violent impression; and what is done by occasion thereof is liable to restitution. 18 The terms of this surrender do elsewhere show it to be personal, and that it lays no obligation upon his successors. It is the exposition which was put upon it in those days: witness the same Bishop of Freisinger. Otho frisingen's Chron. lib. 7. cap. 16. This privilege therefore is set down in writing for the Church, and it is granted to him by way of exchange by the Pope, that those who shal● be elected as well on this side as you side the mountains, shall not be consecrated Bishops till they have received the Royalties from his hands, and by the Sceptre. Which the Romans say was granted for quietness sake, and to him only, not to his successors. Seeing by their confession the compact is no more but personal, for as much as concerns what was granted to the Emperor, by the same reason they must acknowledge it is just so in regard of what was granted to the Pope. 19 So the Emperors which reigned after him complained of injustice, even Lotharius the fourth, the successor of the same Henry against Innocent the second, witness the Abbot of Vsperge, Abbas Vsperg. sub an. 1126. At this time (saith he) the Pope went to find the Emperor at Leiege, demanding assistance and favour of him against, the said Peter and his abettors; but the Emperor having taken advice what he should answer, begun to redemand of the Pope the investitures of Bishopriques, which the Emperors had enjoyed for a long time before. The same was done by Otho the fourth. Bishop at Char●res his opinion Which a Germane Historian signifies unto us by these words, speaking of the dissension of that Emperor and Pope Innocent the third; Albert. Crantz. l. 7. Saxon. c. 3● As for the Pope (saith he) the reason of it might be, because the Emperor redemanded the ancient imperial rights over Italy; some whereof had been lately transferred unto the Church. Marsil. Patavi. in de●ens. pac. part. 2. c. 25. pag. 174. But Marsilius of Milan affirms it more clearly, speaking also of the Emperor Frederick the second● Otho the fourth● (saith he) and Frederick the second, when they would have repealed, it may be for lawful causes, these grants and privileges, (he speaks of Investitures) or indeed repealing them absolutely, or in part, they endured many plots, persecutions, and impediments from the Clergy and Bishops of Rome. 20 As for those Counsels which were the cause of this renunciation, and pronounced the Emperor anathema, depriving him of Investitures, it must be observed, upon what grounds they stand. They deprive an Emperor of the right of Investitures without hearing him, without summoning him. See here an injustice! They condemn Investitures as heretical; they condemn then Pope Adrian the first, and all his Council, of heresy, who granted them to Charles the Great; Leo the eight and his Council, who granted them to Otho; as also all other Popes who tolerated them, yea even those who approved them, of whom we have spoken already. 21 And upon this point we must hear what our good Bishop of Chartres, that great Pope-Monk saith, who is much troubled to defend this condemnation of heresies and implication of horrible contradictions. For in his epistles making answer to john Archbishop of Lions, who reprehended herein the fathers of this Council of Vienna: Whereas (saith he) you reprehend those that rank the investitures of Ecclesiastical dignities made by Lay men amongst the number of heresies, it seems there is no great force in your reprehension For although heretical error lodge in the heart, as well as Catholic faith: yet notwithstanding as we know a Catholic by his Catholic works, so we know an heretic by his heretical works. God hath said, by their fruits ye shall know them: and every tree is known by his fruit. And although external investitures made by Lay men, cannot be properly judged heresies: yet to be of opinion, and to maintain that they are lawful, is an undoubted heresy. This is not said with sufficient reason. For the Council saith, Investiture is an heresy, and he makes no answer to that. If it be an heresy, than it follows as we said, that those precedent Popes and Counsels that authorised them; yea, (to take in all that is in Ivo's answer) that were of opinion they might and ought to be given by the Emperors, were truly heretics. 22 This Bishop makes us behold this heresy of another colour, (so much pains does he take to defend a bad cause!) for he judgeth it an heresy in case the Lay man which performs it, do think it to be a Sacrament. If any Lay man (saith he) fall into this folly, 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; we judge him an absolute heretic; not for his manual investiture, but for hi● diabolical opinion. Verily so should a Priest be too, that should believe his ●urre, his surplice, or his square cap to be a Sacrament. And yet he must not therefore be devested of them. In that epistle he notes no other heresy 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 man's right, a sacrilegious presumption. He speaks thus to maintain the cause of the Pope and the Council, right or wrong. 23 But let us hear what he saith of it formerly, when he was in cold blood, in an Epistle of his written to Hugh Archbishops of Lions; As for that which you writ unto me, King's may confer Bishopriques, etc. The Emperor Henry's right vindicated. how the said party elect received Investiture into his Bishoprique from the King's hands, we 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 be done or not done, I do not see wherein it can be hurtful to faith and religion: yea we do not find that by Apostolical authority Kings are forbidden to grant Bishopriques after Canonical election. Ivo Ep. 65. For we read that some Popes of good fame have become intercessors 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 Prince's consent. I would have set down the examples hereof, were it not that I desire to avoid prolixity in my letter. So Pope Vrban, as we understand, excludes Kings only from the corporal investiture, but not from the election, for as much as they are heads of the people, or of the grant: although the eight Synod forbids them only to assist at the election, but not at the delivery; which whether it be done by the hand, or by seal, or by word of mouth, or by the rod, what matters it? Seeing Kings do not pretend to confer any thing that is spiritual in it, but only to consent unto the will of those that require them; or to grant unto them Ecclesiastical possessions and other external goods which Churches hold by the liberality of Kings. As for the Sacrament of which he hath spoken now twice, there was no question of that, seeing that by former Counsels the investiture was granted to Emperors and the consecration to Bishops. 24 What can be alleged more in defence of these later Counsels? If any man will say that the Emperor Henry was justly deprived of this right, because he had violated the holy See, and had put Pope Paschal in prison: We will give two or three very pat answers to this objection. One, that he did no more but repel the injury which was done unto himself. For even in the Church, and while he received the Eucharist from the Pope's hands, he was like to have been traitorously killed. Hear what the Germane Chronicles say of it; While the Emperor received the Sacrament from the Pope's hands, behold one of the principal of the Clergy, who was offended with that purpose which the Emperor had put on, that he would maintain the constitutions of his Predecessors, stirred up a sedition and tumult in the temple, beat off the guard of the Emperor's body, and went about to seize upon him: who with much ado saved himself, repelling the force with his own hands. And speaking of the same Emperor he afterwards adds, He got him presently into the City, killed a great multitude of citizens and Clergymen, took the Pope prisoner. Elsewhere the Pope and Emperor were very good friends, by means of the agreement made betwixt them, of which we have spoken already: yea in such sort that the Pope sealed it, by delivering the body of Christ unto the Emperor, Sigebert. in Chron. sub ann. 1111. Add Matthaeun Westmonast. lib. 2. sub Ann. 1111. By giving unto him (saith Sigebert) the body and blood of our Lord jesus Christ in the celebration of the mass. We give you this body (said he) O Emperor, 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 Successors. But we have said enough of this point. It only remains that some that can well manage it enter upon this inheritance. There will want no right, if he want no forces. CHAP. X. Of elections, nominations, and Investitures belonging to other Kings and Princes. 1 WE come now to other Princedoms, Kings of England choose Bishops'. reserving France to be spoken of in the last place. The a Conc. Tolet. 12 cap. 6. twelfth Council of Toledo grants election of Bishops to the King of Spain, which our Popes have registered in their b Can. Come long dist. 63. books. It was decreed by all the Bishops of Spain and Gallicia, that without any prejudice to the privileges of every particular Province, it shall be lawful hereafter for the Bishop of Toledo, to receive and consecrate all such Bishops as the Royal power shall elect, and that every such Bishop shall be approved by his judgement. Which, as c Lan●. ●onrad. in templo amnium judic. l. 1. c. 2. §. 3 nu. 10. l●. ●●p. 1. § 4. ver● 4. Lancelot Conrade 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 Kingdom about this point, yet so it is that from age to age we always find them possessed of this right. For to go no higher, about the year one thousand King d Wil●elm. M●lm●●bur. l 1. d● gestis ponti●. engl p. 116. Idem lib. 3. p. 1●7. Idem lib. 1. ●e●sus in. Idem lib. 2. p. 147. Idem lib. 3. p. 155. Matth. Wes●●n. lib. 2 sub. ann. 1878. Florent. Wig●●n sub ann. 107●. Matth. West●n. lib 2 sub ann. 1092. Malmesb. l 4. Idem l. 1. p. 116 Idem ●. 2. sub. ann 1101. Malmes. l. 4. Idem p. 161. Westmonast. l. 2 sub ann 11●2. Etheldred created one Robert A●chbi●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, etc. and afterwards Archbishop of Canterbury, whose successor he made one William. He gave also the Bishoprique of Shyrburne to one Herman. In the year one thousand one hundundred & seventy, King William the first of that name, bestowed the Archbishoprique of York upon a Canon called Thomas. In the year one thousand seventy eight he bestowed three Bishopriques upon three of his Chaplains, and many others upon diverse Ecclesiastiques. 3 In the year one thousand ninety two King William the second bestowed the Bishoprique of Lincoln upon Robert Blunt his Chancellor; he bestowed also that of Worcester upon a Canon called Samson. One of the two bestowed also the Bishoprique of Silchester upon Lanfranke. 4 The year one thousand one hundred and one, King Henry 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 Chaplain of Queen Adalida. 5 The year one thousand one hundred and two, Anselm Archbishop of Canterbury would have made the Council of Lateran to be received in England, holden against Henry the fifth about the point of Investitures. And in obedience thereto, he made a difficulty of consecrating certain Bishops, who had been invested by Henry the first, who was much incensed against him upon that occasion; And forasmuch (saith Matthew Westminster) as he would not consecrate certain 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 year one thousand, one hundred and seven, Idem Westmon l. 2. 〈…〉 1●0●. there was a Council 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, Kings of Engl●nd bestow Bishopr●qu●s. by the donation of the Pastoral staff, or ring, always reserving the homage due to the King. But Henry the first did not forbear to use his right for all that, which this Council could not take from him. And indeed in the year one thousand, one hundred and nine, Idem Westmon. l. 2. sub ann. 1109. he erected the Abbey of Ely into an Episcopal See, and caused one Herveus to be ordained over it, and having assembled diverse Bishops at London in the same year, he made them consecrate one Thomas, who had been chosen Bishop of York. In the year one thousand, one hundred and thirteen, Idem lib. 2. sub ann. 1113. Idem Westmon. l. 2. sub ann. 1125 William Neubrigensis rerum Angl. l 4. c. 2. The same King Henry bestowed the Archbishoprique of Canterbury upon Richard Bishop of London, and invested him in it, by giving him the crosier, staff and ring. In the year one thousand one hundred twenty five, he bestowed four Bishopriques' more. 7 William of Newburie both Doctor of Divinity and an Historian, proves in like manner of King Richard the son of Henry the second, who reigned about the year one thousand one hundred, eighty nine. First of all (saith he) this new King was so affected, that by his means many Churches which were vacant of England, were provided of Pastors. Richard of Ely the King's treasurer, was preferred to the See of Lincoln, Godfrey Lucy to the chair of Silchester. William Longchampe the King's Chancellor to the Bishoprique of Ely. Hubert Deane of York to the Church of Salisbury: he bestowed also the Metropolitan See of York upon his brother jeffrey. 8 The year one thousand two hundred and seven Pope Innocent the third would have persuaded the Monks of Canterbury to choose one Stephen Langton for their Bishop, but they replied, that it was not lawful for them to do so without the King's consent. But the Pope having enjoined them under the pain of Anathema, they were compelled to consent unto him so and so, though with a great deal of murmuring. Which being done, the Pope writ unto King john a soothing letter to get him to approve of it. But he being offended thereat, Idem Westmon. l. 2. sub ann. 1204. Commanded that all the Monks should be drawn out of the Monastery of Canterbury, as guilty of high treason, yea, and that they should be chased out of his Kingdom. 9 In the year one thousand two hundred, forty, and five Henry the third King of England, Idem Westmon. sub ann. 1245. Vid eundem. Having received a foul injury, done, as he thought both to him and his, forasmuch as many Bishops were created in England without his consent, he sent Mr. Laurence de St. Martin's his Proctor to the Court of Rome, to make complaint of it, and plead the right which he had thereunto from all antiquity. Malmesb lib. 2. in sin. p. 146. lib 4. p. 163. & 165. Et Wigornens. sub ann. 1070. pag. 435, 436. sub ann. 1103. pag. 475. Matth Paris. & alios. 10 One Mr. Richard de Witz having been elected Bishop of Chichester by Innocent the fourth, who was then at Lions, To the intent that such an injury done to the King, might not pass unpunished, (saith an English Historian) he was justly deprived of a Baronrie which belonged to the Bishoprique. 'Tis true, it was restored a long time after by means of the earnest intercessions which were made thereupon. There are infinite examples of this nature, both in these authors from whence we have taken the former, and diverse others. Anton Corset●s in tract. de reg. pot● q. 11. nu. 11 vide antiquas collectiones decret. Antonii Augustini Iterdae excusas ann. 1576. collect. 1 c. ex diligenti. Tit. de jure patronatus. 11 We will here observe that our Popes have elsewhere testified in their own books, how the right of bestowing benefices, and Prebends, which belongs unto the Kings of England in capite during the vacancy of the Bishoprique. This we read in a Decretal of Alexander the third in these words; The said Bishop being deceased, and the revenues of the Bishoprique being come unto the Exchequer, a certain Prebend chancing to be void, our well-beloved son in Christ, Henry the illustrious King of England, hath bestowed upon Thomas his Clerk. This Decretal was extant in the title, De jure Patronatus, after the chapter Praeterea, in the third book of the Decretals, as I have seen in an ancient Manuscript, which is in my custody. One of our Doctors witnesseth also that it was anciently there, and afterward expunged. Several Kings confer Bishop●iques. A learned Spanish Bishop published it since by adventure, without ever thinking upon it, for he had no intention to harm the Pope. 12 Our Doctor of the Civil law bear witness of the rings of England, affirming● that this eight belongs unto them; Alexand. Consil. 174. nu● 8. Tom. 4. and determining also, that it is a thing which may be done. They say as much for the King of Hungary, the King of Apulia, and also for the King of France. See here the very words of Alexander in his counsels; Baldus said well in the law, descripta de precib. imperat. offerend. that Kings and secular Princes, who by ancient custom, time out of mind, have power to confer Prebends and Benefices within their dominions, may do it because such a custom gives them a privilege. And he sets down a precedent of the King of Hungary, and the King of England. The King of Apulia might be added also, according to that remarkable gloss in the summary of the seventh Quaestion causa 16. Another might be urged of the King of France, as saith john the Monk upon the first chapter De Praebendis in sexto. 13 See here many authorities together, whereunto we will add that of Lancelot Conrade Lawyer of Milan, L●ncelot Conrade in templo omnium judic. lib. 1. cap. 2. §. ● nu. 10. Wal●ramus Epis●. N●umburgens in tract. de inves●it. Episc. and the King of Spain his subject, who will furnish us with some others. So some Kings and Princes (saith he) may confer the benefices of their Kingdom when they have got this right either by custom time out of mind, or by Apostolical privilege, as Alexander hath counselled in his 74. Counsel, num. 8. volume. 4. Baldus in the law Rescript. C. de precibus imperat. offerend. Martin Laurence de Privil. & Rescript. Quaest 2. Following Alexander he urgeth the examples of the Kings of France, England, Hungary, and Apulia, and addis also the King of Spain: he saith ●urther, that the King of France seems herein to have a greater power and a larger right than the Emperor. 14 A Germane Bishop who writ in the year one thousand one hundred and nine, adds also the King of Scotland, and proves the same of him which hath been said of the rest. We read (saith he) of the Bishops of Spain, Scotland, England, and Hungary, that by ancient institution, till this upstart novelty came in, were put into their Bishopriques by the Kings, with purity and integrity, and with peace and quietness for temporal matters. Ammonius de reb gest Franc● l 34. Rhegmo in chron sub an. 860. hist. Rhemens'. l. 3. c. 1. 9 Frod●ard. in chron sub ann. 96● Ivo Carnat. Episc ep. 36 44.48.49.67. 121. 16● 169. 352. Hildebert. Turon Archiep. ep. 3. Lup. Abb. Ferrar. ep. 6. 1. ●0 79. 81. 84. 89. 2. Capitul. Carol. magn. l. 1. c. 84. vid etiam lib leg. Francic. c. 78. ●. Can Sacror. dist. 63. Capitul. Carol. Madge lib. 1 c 84. Vid. etiam lib. legum Fran●●●arum cap. ●●. Afterwards he speaks of our Kings of France on this manner. A long time before the decree of Adrian and his successors, the anointed Kings and the Majors of the Palace invested Bishops, Dagobert, Sigebert, Theodorick, Hilderick, Pepin Mayor of the Palace, and Theodoret, who established Remachus, Andomarus, Amandus, Antpertus, Eligiu●, Lampertus, and other Bishops of most holy life. 15 Let us now see what this right of France is. It is certain that from the very infancy of this Realm our Kings have begun, and continued, through all their three lines, to elect Churchmen, to bestow Bishopriques, Abbeys, and other Ecclesiastical dignities upon them, to give these elections to such as they thought good, always reserving unto themselves their consent or approbation, and to proceed therein such other ways as they thought fit. The examples hereof are so plentiful, that we should be afraid to tire the reader by reciting them; and therefore we will content ourselves with quoting them in the † G●eg. Turon. in hist Franc. l. 3. ca 16. 17. & 26. l. 4. c. 6 7. 15. 18. l 5 c 4. 46. l. 6. c. ●. 7. 915 ●9. l. 7 c. 17. Idem in vit. sanct Gall. margin, especially considering that there are so many other ways to prove it, that we care for nothing but curtailing our discourse. 16 Whosoever shall seriously consider these examples, he shall find that our Kings have always dealt herein as they pleased: that sometimes they have made elections and nominations themselves: sometimes they have given leave to the Clergy to make them, either alone, or with the people; and have been content to give only their consent, or to confirm them, or to give the investiture● The Emperor Charles the Great ordained by his Capitularie Laws that the Bishops should be chosen by the Clergy and people of the same Dioces. * Can. sacror. dist. 63. Our Popes have not forgot it in their own books, Counsels decree Bishops and Pastors to be chosen by Clergy and people. thinking that they had gained thereby some advantage upon France. But our Kings by this remitted nothing of their authority; but reserved unto themselves their consent and approbation, and investiture, which they used ever after; even Charles the Great himself the author of that law. But howe'er it be, he that made the law may unmake it; he may change it at his pleasure. If there were any thing in it to their disadvantage, which there is not. 17 They would also make a law against our Princes from a certain pretended prohibition which Nicholas the first set out against King Lotharius, that he should not permit any to be chosen Bishop of Treves or of Cullen without first consulting with the See Apostolic; Can. porro. dist. 63. declaring unto him, he was not pleased that he should meddle in such elections, to prefer such persons as were his favourites. And they have laboured all that they could to gain this authority over our Kings, which they for their parts have always stoutly defended, even by making fair decrees to debar them from meddling. 18 Possibly it will be said unto us, that all this is done by usurpation, abuse, and unlawful attempt. There than we must strain to root this false opinion out of their brains. We will therefore justify their right by the authority of Counsels, and first by that of Orleans, which is accounted the fifth, holden in the time of Pope Vigilius the first, and of King Childebert, the year five hundred forty nine, where this decree was made. Cap. 10. Conc. Aurelian. 5 quod extat in tom. 2. Concil. pa. 575. That it shall not be lawful to obtain any Bishopriques by presents, or by means of any such like purchase, but with the king's consent, according to the election of the Clergy and people, as it is written in the ancient Canons. Synod Francic. Tom. 3. Conc. pag. 473. 19 Carloman Duke, and Prince of the French, speaks thus in the Synod of France holden in the year seven hundred forty two. By the Council of the Clergy and chief men of the kingdom, we have ordained Bishops over the Cities. Pepin Duke and Prince of the French useth the same terms at the Council of Soissons, holden in the year seven hundred forty four: Synod. Suession. to. 3. Conc. pag. 438. Wherefore (saith he) we have instituted and ordained lawful Bishops over the Cities, with the advice of the Clergy and Princes of France, Now this is spoke by them with the approbation of those Counsels, yea they are the very Acts of the Council, which speak so. Conc. Paris. lib. 3. c. 22. to. 3. Conc pag. 817. 20 The Council of Paris, addressing their words to the Emperor's Lewes and Lotharius, under whom it was holden in the year eight hundred twenty nine: We entreat your Majesties to use great diligence and most exact care in the institution of Rectours and Pastors in the Church. This petition presupposeth that such right belonged unto them, and that the Council thought so, otherwise they would rather have entreated them to forbear. Conc. Valent. tom. 3. Concil. pag. 890. 21 The Council of Valentia, holden in the year eight hundred fifty five, entreats the Emperor Lotharius, that as soon as certain Bishopriques shall come to be void, he would leave the Canonical election unto the Clergy and people of that City. And as for such as should be sent from the Prince's Court, if upon examination any default were found in him either for manners or learning, or any thing else, that he would be entreated to choose another. Whence we collect that the Council consents unto this, that the Prince may elect any of his Court, such as he shall think good; provided they be of quality requisite to Ecclesiastical dignities: and for the rest entreats him to leave the election to the Clergy and people. It shows us that this was in their power, and withal that the Council intends this election shall be made by the Clergy and people, saving the consent and approbation of the Prince. Let us proceed to other testimonies. 22 There is a very remarkable one in Marsilius of Milan his Defensor Pacis. And as for the proposition about the institution of Ecclesiastical Ministers, Investitures proved to belong to the Kings of Fr●nce. and the distribution and collation of temporal benefices, I will show by the authority of the Catholic Kings of France some things which are not to be contemned, but ought rather to be considered: for they assure us that the authority of instituting and bestowing of certain Ecclesiastical offices, benefices, and temporal means belongs unto them by right; Mar●ilius P●vinus in defence. pac part. 2. cap 17 pag. 290. which de facto they have caused to be inviolably observed to this very day; in such sort that this authority is not derived from them either upon any particular person, or upon any College of what condition soever: So neither is the lawgiver nor Prince prohibited by the law of God to make such institutions, collations, and distributions. 23 Our expositors upon the Civil Law say the same, and testify by their writings that this faculty of conferring dignities and Ecclesiastical benefices belongs unto our Kings of France: determining further that it is a thing which may be done: and amongst others, johannes Monachus, joannes Monachus in c 1 de Prebend in 6. Alexander, Alexand. consil. 74. num 8. volun 4. Lancelot Conrade, Lancelot Conrade. in temple omnium judicum lib. 1 cap. ● §. 3. num. 10. & 11. Lup●s epist. 81. all which speak both for matter of right and fact. Lupus Abbot of the Abbey of Saint Peter of Ferrieres, who lived in the time of Charles the Bald, about the year 870, writing to Amulus Archbishop of Lions, saith, That it is no new nor rash thing that the King should furnish the most honourable Churches with his Courtiers; considering that Pepin (from whom he is descended by Charles the Great, and the most devout Lewes, both Emperors) having given Pope Zacharie to understand in a certain Synod the necessity of the Realm, he got his consent, to furnish the Churches with good Pastors, after the decease of the Incumbents: remedying by that means the badness of the times. 24 Hildebert Archbishop of Tours, Hild●bert. Turonens. Ar●hiep. epist. 3. who lived about the year 1080, under Philip the first, King of France, approves the presentation made by the King to a certain Bishoprique of his realm, commending him on this manner. I congratulate with virtue that hath her reward under our King. He hath found that the power of a King shines more bright by gifts and liberality● than by the Sceptre; and that it is not sufficient for a Prince to stir up his subjects to well-doing by examples, unless they be also provoked by rewards. Hence it is that your good manners were honoured by a great Priesthood. The disposition of the King was sound and prudent, considering it could not better provide for the Church, than by placing you in it. 25 Ivo Bishop of Chartres, after he was elected by the Clergy, was presented to the same King Philip the first, Ivo Episc●pus Carnotensis Epist. 1,2,8, 12. and received his investiture and Pastoral staff from him: upon the refusal of the Archbishop of Sens he was consecrated by the Pope, whereat the said Archbishop was highly offended, in so much that he with other Bishops at the Synod of Estampes, were upon the point of revoking the said consecration made by the Pope, as prejudicial to the authority Royal. See here what the same Bishop saith of it in a letter to Pope Vrban. Moreover I give your Holiness to wit, that the Archbishop of Sens, Idem Ivo. epist. 12. being infatuated by the counsel of the Bishop of Paris, having summoned the said Bishop of Paris, and two others of the same humour, to wit he of Meaux, and he of Troy's, did very indiscreetly accuse me this present year, because of the consecration which I had received from you; saying that I had offended against the King's Majesty, by attempting to receive my consecration from the See Apostolic. We have heard before what this same Bishop said of Investitures, Idem Ivo epist. 65. speaking of the King of France. 26 We may now conclude, that elections, nominations and approbations in point of benefices, have always belonged unto our Kings, and have been at their free disposal. By their last ordinances they have been pleased, as well to disburden themselves of that charge, as also to prevent the enterprises of the Popes, to decree that elective dignities should be conferred by elections, and benefices which were not elective by the collations and presentations of the Collators and Patrons: And this according to the Council of Basil● which hath tied the Pope's hands in this respect, Bishop's ought to t●ke the oath of allegiance, and be chosen by Kings etc. and the Pragmatique Sanctions of St. Lewes and Charles the seventh. Yet this was still with two conditions: one that the Kings Congé d'elire should be required by way of preamble, at least in respect of Bishopriques and Abbeys, otherwise the election should be accounted a nullity. Which is verified by the letters of our Kings as far as King Lewes the eleventh, containing the said licence, which may yet be found in the treasury of Chartres in a great box quoted xxv. Which right was declared to belong to King Philip the Fair, when the question was about Saint Maglairs Abbey, as some report. 27 The other, that the said Prelates before they could be called such should be bound to take the oath of allegiance according to the ancient custom, as it was determined by the Arrests of the Parliament of Paris against the Archbishop of Anx and the Bishop of Nantes. Which was observed in the time of Philip the first, according to the testimony of the Bishop of Chartres: who in his epistles addressed to Pope Paschal, speaking of the Archbishop of Rheims, who had been deprived of his dignity, and for whose reestablishment the said Bishop had interceded to the King's Council. Ivo epist. 206. Vid Matth: Westmonast. l● 2 sub ann. 1136. 1171. Extat haec juramenti formula inter scriptores co●etaneos Pithoei pag. 509 editionis Wechelian. The Prince's Court (saith he) inclining to the contrary, we could not obtain an entire peace unless the said Metropolitan would make unto the King such an oath of allegiance as other Archbishops of Rheims, together with all the rest of the Bishops of this Realm of France, how holy and religious soever they were, made to the Kings his predecessors. Divers authors bear witness of this oath of allegiance made by Bishops to their kings and princes both in England and France, and other places, some of them set down the very form. 28 Since this time our kings have been compelled to divide their rights with the Popes, (to give them content, and be at peace with them) by taking away elections, and reserving unto themselves in stead thereof the nominations, and allowing unto Popes the confirmations. L' Ordonnance D' Orleans ●rt. 1. By the ordinance of Orleans King Charles would have taken the Clergy and people in to his share, by decreeing that, when Bishopriques fell void, the Archbishop and Bishops of the Province, and the Canons of the Cathedral Church should meet togther, with twelve gentlemen chosen by the Nobility of the Diocese, & twelve B●rgesses chosen in the Guildhall of the Archiepiscopal or Episcopal City, to make he a nomination of three persons, of which the King should choose one, whom he pleased to name. Which notwithstanding we never yet saw observed. 29 We will say for conclusion, that it is no small advantage to the Pope to have the confirmation of the Bishops of France, which was granted him by the Concordat: but it will be far greater yet, if he keep that authority which is given him by this Council. For by it he will quickly bring all these Concordats to nothing, and will resume the extravagancies of his predecessors; who had got all the elections and collations of the Bishopriques, and benefices of this Kingdom into their Churches, to the utter ruin and destruction of it: draining the Realm of monies, and filling it with strangers, and bringing it to an extreme misery, as we say else where. 30 We shall only here observe the particular interest of Kings and Princes for as much as concerns their power and authority, whereof they ought to be very jealous if they mark it. There is nothing which fortifies it so much as that right which they have to choose and elect Churchmen; nor which weakeneth it so much, as when the Pope hath an hand in it, either in whole or in part. Ivo Pishop of Chartres, although he had received his Investiture from Philip the first, Ivo epist. 8.12.20.28. 43.44 48.49. 50.58.116. 271.272. yet in as much as he had got his confirmation from Pope Vrban, he was always affectionate to him and the See Apostolic, even to the prejudice of the King and Kingdom; to whom he did sometimes very ill offices: as we collect from some of his epistles. On the contrary, because Lupus had got the Abbey of Saint Peter de Ferriers in the Diocese of Sens, Pope's election of Bishops prejudicial ●o Kings. by the donation of Charles the Bald, he was always loyal, and he even brags of it in one of his Epistles. 31 An English Historian, though he be a Monk, yet he knew well how to set out this interest of Princes. Lupus ep. 40. Idem ep. 98. For speaking of the consecration of certain Bishops of England, made by Innocent the fourth when he was at Lions, he saith, They were consecrated by the Pope, not without great damage and danger to the Realm of England. Matth. Westm. l 2 sub ann. 1245. p. 192. For the Pope having so engaged the Bishops unto him, they found themselves more obliged unto him; and despising the King, they were more inclined to do mischief to the Kingdom. 32 The Bishop of Chartres continuing his devotion to Pope Vrban, Ivo epist. 116. gave him notice of this point, upon the election of an Archbishop of Rheims, who he assured the Pope was very zealous for the See Apostolic, adding afterwards, Now how necessary it is for the Church of Rome to place in that See a minister which is devout and affectionate unto her, it is not for me to inform your wisdom, which knows very well that this See wears the Royal Diadem, and serves for a pattern almost to all other Churches of France, either of ruin or Resurrection. 33 Not without cause did Pope Nicholas the first stomach at Lotharius, because he would not suffer any Bishop to be chosen in his Kingdom, C●n. Porto dist. 63. unless he were faithful and well inclined to him. King William the first of England in the beginning of his reign, which was about the year 1070, knowing this very well, deposed some part of the Bishops and Abbats from their dignities and Prelacies, and put others in their places, whose fidelity was known unto him. 34 Another Monk and English Historian saith, the Popes upon this occasion invented another way to oblige such Prelates unto them as held their dignities from Kings and Princes. Florentius Wigor●iensis Monachus in Chron. sub ann● 1070. Which was by making them renounce them, and resign them into their hands, as faulty and nullities, and taking them with one hand, they gave them again with the other. Ivo toucheth upon this trick in his epistles. Ivo ep 238. For amongst other reasons to prove that investiture is no heresy, he puts this; If Investiture were an heresy, he that renounceth it could not be restored without blemish to himself. Now we see many honest men, both in Germany and France● give up their Pastoral staffs to wash away that stain by some show of satisfaction, and resume those Investitures which they had renounced, from the Apostolic hand. Guilielmus Neubrigensis rerum Anglic. l. 2. c. 16. So did Thomas the Archbishop of Canterbury, who put Henry the second, King of England, to so much trouble. For being at the Council of Tours, He secretly resigned that Archbishoprique into the Pope's hands which he had received from the King's hand, and it was afterwards restored him again at the same instant from the Pope's hand. It was Alexander the third who held this Council at Tours in the year 1163. A REVIEW OF THE COUNCIL OF TRENT. BOOK VI. CHAP. I. Of things attributed to the Pope by this Council in matter of justice. And first of criminal causes of Bishops. 1 WE will treat in this Book of justice and jurisdiction, Kings robbed of thei● jurisdiction. and will make it clearly appear that this Council hath, as far as it was able, robbed Kings & Princes and other Clergy men of them to bestow them upon the Pope. It is a most true Maxim that all jurisdictions do spring from secular Princes; that the source and fountain of them is hereditary to them, whence the rivulets are derived upon their officers, and upon Ecclesiastical persons, and others whom they think good: Clergy men from the greatest to the least have no coactive jurisdictions, but such as spring from thence. Kings and Emperors have parted with it, and have honoured them with it, but in such sort as some of them both did and do abuse it daily. They are come so far as to contest with their officers, to attempt against them, to make laws for extending the train of their robes further; yea even to subdue unto themselves those from whom they received that power; and by a most unsufferable ingratitude, to declare and pretend them subject to their jurisdiction. Council of Trent unj●st●i● exempts Bishops from the jurisdiction of Kings. All this is proved by us elsewhere. We will only say here that this Council ●●●h gone about as it were to lay at the Pope's feet all the spoils and conquests which all other Bishops have got from those victories obtained by them ●t diverse times over the temporal jurisdiction, and over those to whom it belongs, and to pair also that which is left unto them, making it almonst unserviceable and invalid, at least for as much as concerns the Pope and his Clergy, whom it totally exempts from their jurisdiction. 2 We shall make it appear plainly that this Council hath dealt very liberally with the Pope in this respect, and that it hath strained itself to confirm his usurpations, yea even to augment them without sparing any thing. First of all it attributes to the Pope the cognizance and judgement of all criminal causes of Bishops, except petty ones. Conc. Trid. Sess. 24 cap. 5. That the Pope only have the cognizance and decision of all criminal causes which are more heinous objected against Bishops, and even of heresy, which God forbid. But if the cause be such as it must necessarily be tried out of the Court of Rome, let it not be committed to any persons excepting such Metropolitans or Bishops as the Pope shall choose. That this commission be in special, and sealed with the Pope's hand, and that he never give them any greater power but only to receive the bare instruction for matter of fact, and to make the process, which they shall forthwith send to the Pope: the definitive sentence being always reserved unto the Pope. 3 In another decree it is ordained, That the causes of Bishops, when by reason of the quality of the crime which is objected unto them, they ought to make appearance, be brought before our holy Father the Pope, and be determined by him. Conc. Trid. Sess. 13. cap. 8. It is also decreed against Bishops that keep concubines, Conc. Tried Sess. 25. cap. 14. That if they do not abstain from that crime after they have been admonished by the Provincial Council, they shall be complained of to the Pope by the same Council, who shall punish them according to the quality of their offence, even by deprivation, if need require. So that a Provincial Council hath no power to condemn a Bishop for criminal matters, save only for Peccadillo's; such as we may say for playing at ball, for getting up late in a morning, and such like things. 4 Now we say on the contrary, that the cognizance of such crimes belongs to Emperors and Kings: That they themselves ofttimes have proceeded to judgement: That they have assembled Counsels for that end, and have assisted and presided there: That sometimes they have committed the same judgement to the said Counsels, or their judges: That Popes themselves have become petitioners unto them, yea plaintives before them, and which is more, have themselves been judged by them. 5 The Bishops of the Nicen● Council, acknowledge Constantine for their judge; when they presented their Libels unto him, wherein they accused one another; he blushed at that in their behalf, and would have covered their shame by suppressing such Investitures, using this honest shi●t to them, that they could not be judged by any man. In which the Pope alone took him at his word; although he were absent, and hath made good use of it afterwards. Now that Constantine said this by way of compliment, and to suppress those dishonourable quarrels, appears from hence, that upon other occasions he either took the judgement upon himself in the causes of Bishops, or committed it to his Officers. He made the Bishops of the Synod of Tyre to come unto him, to render a reason of their ●act in the condemnation of Athanasius. And after he had heard them, confirmed their sentence, Sozomen. l. 2. cap. 27. being moved so to do by the testimony of false witnesses which were suborned; and sent Athanasius unto banishments into Tryer a city in Gallia Belgica 6 The same Emperor, after he had twice ordained Ecclesiastical judges to determine the cause of Cecilianus an Orthodox Bishop; Emperors and their officers j●●ge th● Clergy. at last he himself took it into his cognizance, and gave the final sentence. So say the Clergy of Hippo in Africa, in that epistle which St. Augustine made upon the same occasion, and sent to januarius: Being so stricken in age as you are, we suppose you know very well, how the partisans of Donatus, August. epist. 68 & 162. of their own proper motion, accused Cecilian, than Bishop of Carthage, before that ancient Emperor Constantine. And he afterwards adds, that the Emperor made an end of that Episcopal cause after he had the hearing of it. 7 The Emperor Constantius, having judged of the great impiety of Actius. Theodoret. l. 2. cap. 27. sent him presently into banishment, and commanded that he should be carried un●o a certain place of Phrygia, saith Theodoret. The form of proceeding is set down by Sozomen a little more at large, from whence we learn how Honoratus governor of Constantinople, was first elected and deputed to proceed to the judgement of that Deacon, and how the Emperor himself took it afterwards into his own hand. Sozomen. lib. 4. cap 22. While these twenty Bishops sent from both Counsels were at Constantinople, together with some others who met there occasionally, power was first given to Honoratus, whom the Emperor had appointed governor of Constantinople, to judge the cause of Aetius, in the presence of the Counselors of the great Counsel. But Constantius afterwards having taken the same cause into his cognizance, together with the Magistrates, Aetius was found to think amiss of the faith, insomuch that both the Emperor and the rest were greatly offended with his words full of blasphemy. 8 Saint Augustine entreats Apringius proconsul of Africa and Marcellinus the tribune, August. ep. 159● 160. to condemn certain Clerks, partisans of Donatus, to a more gentle punishment than they had deserved, acknowledging them for judges in Ecclesiastical causes. He speaks thus unto the Proconsul, interceding for his enemies. Why will you not mitigate your sentence, seeing it is lawful for judges so to do, even in other causes which do not concern the Church? And a little after, When their enemies are too mildly proceeded against, men are wont to appeal a Minori. We love our enemies so well, that if we had not a good opinion of your Christian obedience, we would appeal from the severity of your sentence. This is spoken by a man which approved their jurisdiction, otherwise he would have said they had nothing to do to judge of the controversy. 9 The Emperor Gratian granted a commission to Sapor, one of his chief officers, to eject the Arrian Bishops out of their Churches, T●●o●o●et. l. 5. cap. 5. 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 o●e and establishing the other. Sapor (saith Theodoret) being appointed judge of those matters which were urged on either side, adjudged the Churches unto great Meletius. Idem Theod. l. 5 cap. 2. & 3. Paulinus remained Bishop and Pastor of those sheep whom he had formerly separated from the rest, and Apollinaris being rejected from the government of the Churches begun openly to publish that doctrine which he had lately invented, and declare himself the head of that sect. 10 Maximus the Emperor of the Gauls, received the appeal which was put in by Priscillian Bishop of Spain, from the Council of Bordeaux, S Sulpitius Sacrae hist. l. 2. to whom he had committed the judgement of him. He deputed Euodius one of the governor's of his Provinces, Who after he had heard Priscillian in two judgements, he being convinced of the crime, was by him pronounced guilty, and sent to prison again, till such time as he had certified the Prince of him. The process being related at Court, the Emperor was aminded that Priscillian and his complices should be condemned to death. Bishops judged by Emperors. 11 Sometimes the Emperors themselves, or their Officers, proceed to the judgements and condemnations of Clergymen, with Counsels called for this purpose, by the authority of the same Emperors. So Elpidius, and Eulogius, Magistrates and Officers, were commanded by Theodosius to assist at the second Council of Ephesus, where the condemnation of Eutiches was controverted. Their Commission runs thus; To be present at the judgement, and to take order that a speedy and pertinent proof be made by the Synod, and sent to the Emperor. Commonitorium Imperatoris ad Elpidium. Those who had been Eutiches his judges before, being now present, but not judges. Act. 1. Synod. Chalced. to. 2. Conc. p. 137. 12 We read in the Acts of the Council of Chalcedon, of a petition put up by Eusebius Bishop of Dorylea, directed to the Emperor's Valentinian and Martian, where he entreats them that they would grant the cognizance of the injury which had been done unto him by Dioscorus Bishop of Alexandria, unto the second Council of Ephesus, and of the death of Flavianus Bishop of Constantinople, whereof the same Dioscorus was accused at the Synod of Chalcedon. Conc. Chalced. Act. 1. tom. 2. Conc. p. 135. To the intent that it may hear us (these are the very words) and also Dioscorus, and report unto your piety all that passeth, that you may do in it, as it shall please your clemency. We read there also another petition of Savinian, Bishop of Lesina, Conc. Chalced. Act. 14. tom. 2. Conc. p. 315. exhibited unto the same Emperors whereby they are entreated To command that his cause may be examined in their presence: it was so in the presence of the Officers and Magistrates, who passed sentence upon it in full Council: ordaining that Savinian should continue in his Bishoprique, Eadem Actione 14. p. 325. yet with a Proviso. Which was agreed unto by the whole Council. Where it is to be observed, that these Magistrates first judged of the cause, and pronounced the sentence, and afterwards asked the Fathers of the Council whether they liked it or no. The holy Synod (say they) having heard what sentence we have passed, 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 book juris Graeco-Romani, in the first tome, we read this Decree concerning the deposition of a Bishop. V. Tom. 1. juris Graeco Romani l. 3. Sentent. Synod. c. 5 p. 223. john Amathunt, Bishop, having been deposed by john Archbishop of Cyrus, and the Decree of that deposition having been read at the Emperor's tribunal, having found that he was deposed by fifteen Bishops, and one Archbishop, the most holy Patriarch Luke, with the assistance of his Synod, and the Senate there present, ordained that such deposition was invalid, and of no account, because the whole Synod of the Church of Cyprus was not assembled. 14 Sometimes the Emperors confirmed the sentence of the Synods containing such condemnations. As justinian 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 be invalid, if they were not fortified by the Emperors, to whom such jurisdiction did properly appertain. justinian after he had made the confirmation aforesaid, saith, justinian. Novel. 24. De depositione Anthemii. V. Euagrium l. 4. c. 11. If there be any other thing contained in the sentence of the most holy Bishops, which deposeth, and anathematizeth the persons aforesaid, we also ordain the like more firmly, and with more continuance, and we make it of force by our Imperial laws, just as if it had been a thing done by our own command. 15 The Popes have so far believed and holden for certain this juris●diction of Emperors over Bishops and other ecclesiastics, that they themselves have been intercessors unto them, to get them to proceed unto such judgements. Pope Liberius entreated the Emperor Constantius, that he would make the cause of Athanasius be judged, Theod. l. 2. c. 15 If your clemency think good (saith he) that you would let him be judged. Sozom. l. 3. c. 9 Pope julius had recourse to the Emperor Constans in behalf of the same Athanasius, and of Paul, who presented him with letters directed to his brother Constantius upon the same occasion. King's jurisdiction confessed by Popes. 16 Gregory the Great entreats the Kings of France Theodoric, and Theodebert to do justice to Vrsicius Bishop of Turin, To make justice in all things be observed towards him, and the truth being known, Gregorius in Registro l. 7. ep. 116. Indict. 2. to make that be amended which hath been unlawfully committed against him; and to cause that to be restored with equity which was taken from him by violence. This Bishop had been deposed, and another put in his place. The same Pope after he had diverse times entreated the same Kings of France to call a Council in their Realm, for restraining of the crime of Simony, which was at that time very rife, writ at last to Queen Brunchaut in these terms; Idem Greg. l. 9 ep. 64. In dict. 4. Let your letters be directed unto us, and if you command us with your consent and authority, we will send you some on our behalves to inquire straight into th●se things, together with the rest of the Clergy, and to make such reformation thereof as shall be acceptable to God. For these things ought not to be dissembled: inasmuch as he that hath power to correct them, and notwithstanding neglects to do it, makes himself a sha●er in the fault. 17 Gratian'ss Decret gives further credit unto this Imperial jurisdiction over Bishops in criminal causes: considering that there a certain Pope, whether it be Gregory or Pelagins, speaks on this manner; Can. istud. cause 11. q. 1. Behold what we demand and require further, that you would send unto the most gentle Prince, Paulinus that false Bishop of Aquileia, and that other of Milan, under good and sufficient guard; to the intent that he who can no ways be a Bishop (inasmuch as he● was created contrary to all canonical custom) destroy not others; and he who hath attempted to ordain against the ancient custom, may be submitted unto the punishment of the Canons. He that collected the summary of this Canon conceives some policy in it, when he saith, That those should be corrected by Princes, who cannot be corrected by the Church; making the rule by this means no more than an exception, as he ofttimes makes rules of exceptions. But it may be he meant that these Bishops could not by right be corrected by the Church, because she hath no such power. If this be his meaning, we take him at his word. There is yet more in it, for the Popes themselves have undergone this jurisdiction, have been judged, condemned, and deposed by the Emperors. We have given examples of it when we treated of ●he power of a Council above the Pope which we will not now repeat. 18 By the law of the Emperor's Valens, Valentinian, and Gratian the cognizance of crimes committed by Ecclesiastical persons, L. qui mos. 23. C. Theod. de episcop eccles. & Cleric. L. ●. ●od. Th. 〈◊〉 Episc judic. L. Clericos C. Theod de episc. eccles. & Cler. Novel. justinian. 83. ut Cleric. apud prop. Episcop. Novel. justin. 123. c. 8. is reserved to the Magistrates. Arcadius, Honorius, and Theodosius declare the judgements passed by Episcopal Synods upon the crimes of Priests to be valid, so as they cannot be disannulled by themselves. Honorius and Theodosius will have Clerks to be accused before their Bishops. justinian's Novel gives the cognizance of civil crimes by them committed unto the Lay judges; and of Ecclesiastical to the Bishops● so that this cannot be understood but of the meaner sort of Clergy men, such as are inferior to Bishops. And of these it is spoken in another constitution which forbids the Civil and Military judges and Magistrates to call them before them for civil and criminal matters, unless they have the Princes command for it. Where two things are to be considered; one, that it is an Emperor which ordains it, and therefore he hath the disposal of it; the other, that he reserves unto himself the cognizance or authority. 19 The Council of Milevis, holden in the year four hundred and two, confesseth and avoweth this Imperial jurisdiction; Cap. 19 Con●. Milevitan. tom. 1. Con●. p. ●07. It pleaseth us (say the fathers of it) that whosoever shall demand of the Emperor the cogni●ance of public judgements, be deprived of his dignity. But if he desire of the Emperor only the exercise of Episcopal judgement, that can no way hurt him. The judgement over Lay men in public crimes, King's judge Bishops'. was thought to suit ill with Bishops: and therefore it is condemned in this Council: the other is permitted, but so as they took it from the hands of the Emperor. It is strange that in all these places there is no mention of Popes, no more than if there had been no such men in the world. Can. 6. Concil. Constantin. 1. apud Balsamon. 20 The sixth Canon of the first Council of Constantinople, disposeth somewhat boldly of Ecclesiastical jurisdiction, to the prejudice of the Imperial right, in attributing the judgement of crimes committed by Bishops unto provincial Synods; and forbidding them to have recourse either to the Emperor, or other secular Princes for judgement, or to a General Council, despising that Decree, and neglecting the Bishops of particular Dioceses. It was a little too much entrenched upon the Emperor. Howsoever we draw from hence this advantage, that in the making of this Order about Episcopal judgements in criminal matters, the Pope was never reckoned of. And yet the Council of Trent gives to him alone the criminal and supreme jurisdiction in the first place over all other Bishops in the world: in such sort as neither the Emperor, nor Kings and Princes, nor their Officers, nor Synods either Provincial or General can intermeddle. 21 Let us now speak of our France, and show the prejudice done unto it by this Decree. In the time of our ancient Kings, the Bishops upon any crime whatsoever, were accused in a Synod of the Churches of t●e Realm. So Guntrand King of Burgundy caused a Synod to assemble at Lions, where two Bishops, Gregor. Turonensis l. 5. c. 20. Aimonius l. 3. cap. 28. Salonius and Sagittarius, were accused, convinced, and condemned, and put out of their Bishopriques, for some crimes by them committed. It is true, that by their flatteries they prevailed so far with the King afterwards, that he gave them leave to have recourse to Pope Iohn● to whom also he writ in their behalf: yea upon the request afterwards made unto him by the Pope, he restored them to their Bishopriques. But all this was done only by way of courtesy and compliment; an● because the King himself sought a fair way to restore them to their charge and dignities without offending the Synod. Aimonius l 3. cap. 26. & 64 22 King Chilperic having called an assembly of Bishops and Prelates in his City of Paris, brought Pretextatus, Bishop of Rouen before them, saying these words unto them; Although the royal power may by the laws condemn one that is guilty of high treason; notwithstanding that I may not oppose the ancient Canons, I present this man unto you, who hath falsely usurped the name of Pastor, the author of the conspiracy made against me. At last he was condemned to banishment, and afterwards recalled and restored to his city and Bishoprique by the King himself. Chilperic assembled another Synod to try the accusation of high treason objected against Gregory Bishop of Tours, grounded upon this surmise, Aimonius l. 3. cap. 43. that he would have delivered the City of Tours to King Guntrand: where he was acquitted as not guilty, and Leudastus his accus●r excommunicated. Chilperic also upon an accusation brought by one Su●nigisilus against Giles Bishop of Rheims, as guilty of a conspiracy against King Childebert, caused him to be apprehended and carried to the City of Mentz: where he assembled some Bishops, who proceeding to judgement upon him, deposed him from his Bishoprique, and confined him to Strasbourg. Didier Archbishop of Guien was deposed at a Provincial Council assembled by the same King at chaalon's in Burgundy. 23 Childebert and ●untrand made certain Bishop's assemble● to proceed in judgement upon the Abbess and her Religious of Poitiers. Greg. Turone●s. l. 10. c. 16● We are met together (say those Bishops) by the command directed unto us, by virtue of your power. Bishop Adlabert was condemned of heresy by three and twenty Bishops at the Council of Soissons, with the consent of King Pepin, and of the people and the Counsel of the greatest Peers in France. Bishops judged by Princes, not Popes. The like was done unto three Bishops accused of conspiracy against King Lewes the Piteous, by the sentence of a Synod assembled to that end by his command. So King Charles the Bald assembled some Bishops to condemn his son Carloman, Synod. Suession. To. 3. Concil. p. 438. Aimonius l. 4. cap. 106. Idem lib 5. c. 17 Aimonius l. 3. c. 49. Greg Turon. l. 6. c. 22. Greg. Turon. l 6 c. 11. Greg. Turon. l 6. c. 14. Aimoniu● l. 4. c. 83. who was a Clergy man, and his complices of the same profession. 24 Sometimes our Kings proceeded to judgement by their own sole authority, without ever assembling the Clergy. So Chartier Bishop of Perigord was accused before King Chilperic, upon occasion of some letters writ against him, and was acquitted because it could not be proved. One Theodorus Bishop of Marseilles, was also brought and accused before King Childebert; but in conclusion, absolved as not guilty: and accused after that, together with another Bishop called Epiphanius, that they had received into Marseilles, Gundebaldus, who said he was the son of Lotharius: who after they were heard, examined, and found not guilty, were notwithstanding kept in prison. 25 We read notwithstanding that King Charles the Great called an assembly of Bishops, to hear Felix Bishop of Orgelle, who was accused of heresy, and being convinced, he was sent to Rome to Pope Adrian, before whom he abjured his heresy, and was sent back to his Bishoprique. But it may be answered that this was not properly an accusation, but only a dispute; and that when the Bishops of France had heard and convinced him of error, they would do Pope Adrian that honour as to send him to him, that he might have the hearing of him afterwards. So his heresy was condemned yet after that at the Council of Francfort, as appears by the Acts of it. 26 The Popes were anciently so staunch in this regard, that they took not upon them upon their own accord to judge of the crimes of other Bishops, save only such as were of their own Diocese; but suffered those to proceed upon them to whom of right it appertained. So the Clergy of Valentia having accused Maximus their Bishop, Epist 2. Bonif. 1. To. 1. C●nc. Et Can. Decernimus. 3. q. 10. Can Si qui● episcopu●. 7 q. 4. Can. 1.7. q 4. to Pope Boniface the first, of many grievous and heinous crimes, he would not meddle in it, but returned the judgement to the Bishops of France. They would not take the cognizance of them, neither in the first place nor by appeal, not even then when the Bishops of a Province were divided (which yet was a fair pretence) but in that case they were called in judgement before the Metropolitan and other Bishops of the next Province; according to the fourteenth Canon of the Council of Antioch inserted in the Decret: Can ●lt. 7. q. 4. From which the Canon Hosius inserted in the same Decret doth no way derogate, which speaks of civil controversies amongst Bishops, and not of criminal causes; as appears by the fourth Canon of the Council of Sardis from whence it was taken. In which case it was granted as an honour to Saint Peter's chair, that if either of the two Bishops be not content with the judgements given by some of their fellow Bishops, that they shall write thereof to the Bishop of Rome, to the intent that if he think good they should proceed to judgement again, his advice may be followed and and that judges may be assigned unto them by him. 27 But to return to criminal matters. Such process was anciently used concerning them in this Kingdom, as we have said already. That jurisdiction at this present is divided betwixt the King's Officers and the Clergy of France. The judges Royal have the cognizance of privileged causes, such as are high treasons, tumults, seditions, ambushes, bearing of arms, assassinations, and such like: in respect of which they may proceed and pronounce against all kind of Clergy men, yea even against Bishops and Archbishops. As for other crimes which are called common, such as are actions of trespass, battery, concubinages, murders, forgeries, and such like, the official and other Ecclesiastical judges have the cognizance of them. If I should make these expositions in the Palace, In wh●t case● the ●●y judges h●th power over the French Clergy. I should be afraid that all the Proctors would cast their caps at me, to whom this is sufficiently known. But considering the foundations of our practice are shaken, and are like to be cut up by the root, it is requisite that I make this rehearsal, and that I bring authorities for proof of my assertion, for fear I be accused of ignorance in a matter which every one knows. 28 This distinction of crimes in the person of Clergy men, is approved by the Ordinances of our Kings, mention is made hereof in that of King Francis, of the year 1540● Article the eleventh made at Castle-Briant the year 1551. And that of Henry the third made at Paris the year 1580. Article the twenty one. Come we now to the practice of our Courts. This distinction hath always been observed by all the Courts of France, who have set down the very form which must be observed in such proceedings; who have decreed a Papon de jurisdict temporali art. 34. That the process shall be made, and finished by the judge Royal, upon a privileged case, before it be remitted to the Ecclesiastical judge, notwithstanding the declinatory. b Papon ibid. art. 35. That for trial of the case Royal, it shall be lawful to proceed even unto torture inclusively. c Idem tit de adult. art. 17. That for the crime of Adultery, committed with notorious fornication a Bishop or other Clergy man is under the jurisdiction Royal. d Idem tit. de jurisd temp. art. 43. & 44. As also for the accusation of forgery by him committed. e Idem ibid. art 37. That a Lay judge upon just cause may make the process made by the Official upon a common offence be brought before him. f Idem ibid. art. 46. And notwithstanding the absolution from the common offence, condemn the party accused upon the privileged case. g Papon ibid. art. 33, 34. 38, 39,41, 45, ●7. And an infinite number of other rules, which it would be tedious to rehearse. To urge the testimony of our common Lawyers, as of Mr. Giles Burdi● upon the Ordinances of the year 1539. Mr. john Imbert in his institutions of common law. Mr. Choppin in his treatise Du Domaine, and many others, would be a thing superfluous. CHAP. II. Of Delegations, and Evocations. 1 THe Pope's jurisdiction and authority is greatly augmented, and enhanced in this, that the Bishops and other ecclesiastics are made his commissaries and Delegates in diverse cases, which are of their own proper and natural jurisdiction. It is said in the first chapter of the fifth Session. That in the Monasteries of Monks, where it may be conveniently done, there shall be a lecture read out of holy Scripture: And that in case the Abbats be negligent, ●he Bishops of that place, must compel them by convenient remedies, as delegates for the See Apostolic. Now there is no doubt or difficulty, Can. Si qui● 18. quaest. 2. Can. Si quis Abbas, 18. q. 2. Can. Cognovimus 18 q 2. Can. in venditionibus. Caus. 17. q 4. but it belongs to Bishops to provide herein by their own proper authority, in case of the negligence of Abbats. For the Abbats● Monks, and Monasteries are subject to the Bishop of the Diocese where such Abbeys stand, and they are under his power and jurisdiction by the 21 chapter of the Council of Orleans Canonised in the Decret. They may depose the Abbats upon sufficient cause. They must take care for the profit and advantage of the Monasteries and Abbeys. See that no alienation be made by the Abbats without their consent. 2 As for that which is decreed, Ordinaries by this Council made the Pope's Commissaries. that the Abbats shall cause a lecture in divinity to be read, it is a thing which they are bound to do in France, by virtue of the 20 Article of the Ordinance of Orleans, whereby the Superiors and heads of the Orders are enjoined to take care of, & diligently to proceed to a full reformation of Monasteries. And it is further said, That in every one of the said Monasteries, there shall be maintained a good and able man to teach holy Scripture, and a stipend allowed him at the charges of the Abbot, or Prior. Now the word Superiors may be as well referred to Bishops as to Abbats and Priors, in case these be negligent. Howsoever this power is not given unto Abbats and Priors as Delegates, or by way of privilege, but belongs unto them by common right. It ought also to agree unto Bishops by the same right, where the privilege of exemption ceaseth. 3 In the second Chapter of the same Session, where Curates are enjoined to preach upon Sundays and Holidays, or to provide some to preach in case of lawful impediment, it is added, That if there be any Parish Churches under such Monasteries as are not situate in any Diocese, the Prelates regular being negligent in the premises, they shall be compelled unto it by the Metropolitans of those provinces where the Dioceses lie, as Delegates herein for the See Apostolic. Now it is certain that Metropolitans have power over the Clergy within their Province, even over the Bishops themselves, according to the honour prescribed by the ancient Canons under the one in the first, and the other in the second place. If an Abbey be subject to the Bishop, the Metropolitan shall have nothing to do with it, save in case of appeal. If it belong to no Diocese, and consequently to the jurisdiction of no Bishop, than it must have the Metropolitan for Superior; unless it be of the number of such as are exempt, which have no other superior but the Pope, and which are spoken of in the eight chapter of the 25 Session: But the question is not now of such. And suppose they were now in controversy by the eleventh Article of the Ordinance of Orleans, all Abbats and Priors must be subject to the Archbishop, or Bishop of the Diocese, notwithstanding their privilege of exemption. 4 In the second Chapter of the sixth Session, Bishops are enjoined as Delegates for the Pope, to provide that there be able Vicars in stead of such Clergy men under their jurisdiction, as are dispensed with for non residence: To which Vicars they must assign a competent portion of the fruits. Now it is too apparent, that this provision belongs to the ordinary jurisdiction of Bishops, and therefore such Delegation is abusive, and made as well against the ancient Canons, as against the Ordinances of this Kingdom. Cap cum ex eo, De elect. & elect. potestat. in 6. This is delivered in express terms by the constitution of Boniface the eighth, who after he hath given way that such as are preferred to Parish Churches, may stay seven years before they be ordained Priests, to the intent that they may have occasion to apply their studies, he ordaines● That during these seven years, the Bishops and Superiors shall carefully provide that the cure of souls be diligently discharged, and that such benefices be served with good and able Vicars, who shall be deputed by them; and to whom, in consideration thereof, a competent portion of the fruits shall be by them assigned for their maintenance. In all this there is no delegation from the Pope: but this is given to Bishops as depending upon their Ordinary jurisdiction. 5 The fifth Article of the Ordinance of Orleans saith in plain termest Ordonnance det Estates d' Orleans ●● an. 1560. Art. 5. That the Abbats and Curates who hold many benefices by dispensation, or reside upon one of their benefices, requiring actual service and residence, shall be excused from residence upon their other livings. Always provided that they depute sufficient men for their Vicars, of a good life and conversation: to every of whom they shall assign such a portion of the revenue of the benefice as may suffice for their maintenance. Bishops made Pope's Delegates in matters of their own jurisdiction. Otherwise, in default hereof, we admonish and enjoin the Archbishop, or Bishop of the Diocese to take order for it, and most expressly command our judges and Proctors to assist them therein: to cause the temporalities of such Abbeys or other benefices to be seized upon without dissembling a month after they shall have warned and required the Prelates, and other Titulars to reside, or cause some to reside upon their benefices, and fulfil the contents of this present Ordinance. From hence we collect that the forementioned case belongs to the jurisdiction regal within this Kingdom, and that the Council having given it up to the Ecclesiastical jurisdiction, and that even to the Pope, hath infringed the rights of France. 6 In the third Chapter of the sixth Session, the Council gives power to the Ordinaries of the place, as Delegates for the Pope, to visit, punish, and correct Clerks, both Seculars and Regulars that live out of the Monastery. No Secular Priest, nor Regular, of what Order soever, living out of his Monastery, must think himself so sure upon pretence of the privilege of his Order, that he cannot be visited, punished, and corrected according to Canonical Constitutions, in case he offend, by the Ordinary of the place, as Delegate for the See Apostolic. By the General Council of Lions, holden under Innocent the fourth, ann 1246, Cap. 1. de privilegii● in 6. and approved by the Popes themselves, all delinquents contracting or committing any fault out of the Monastery, shall not in that case enjoy their privilege of exemption, but shall be subject to the jurisdiction of the Ordinaries● without any commission or delegation from the Pope. We ordain by an irrefragable Decree, that howsoever exempted persons enjoy their liberty, yet upon any offence, contract, or such thing for which a man may have a s●te against them, they may be convented before the Ordinary of the place. And the Gloss upon it; This is true if the contract were made, or the crime committed in a place not exempted, and if the thing in controversy be not exempt. a Ordon. du Roy Joys 12. de l' an. 1513. confirmee par Arrest du Parlement de Paris● du feburier 1542. Voyez le r●cucil des Ordo●nances de Fontanon Tom. 4. Tit. 11. de l' Vniversie du Paris c. 6. So Scholars not residing in the Universities do not enjoy the privileges granted unto them: So a b Hos●iensis. Abbas. Andr●●●s. Anthon. Butrigarius in can. perpendim●s de sentent excom. extra. Petrus de Anchorano in ca ea quae. de regulis juris in 6. Glos. in ca transivisse. de Election. cap. quoniam de vita et honesty Cleric. Can. Penult. dist. 23. ca unic. de cleric. conjugat. in 6. cum ibi notat. Clerk taken in a crime, having not his clerical habit on, is subject to the jurisdiction of the Secular judge. 7 In the third Chapter of the twenty first Session, Bishops are allowed, as Delegates for the See Apostolic, to assign unto all such Cathedral and Collegiate Churches, as have no ordinary distributions, the third part of the fruits and revenues to be employed in the said distributions. Which is repeated in the third Chapter of the twenty second Session. This derogates from the power and jurisdiction of Bishops, to whom the right of providing for the necessities of the Church's subject unto them doth belong. As c Capit. 1. & ibi gloss. de rebus Eccles. non alienand. in 6. to adjudge the tenth to an Archdeaconry which hath but little means. To d Cap. exposuisti● extra de Praebend. & dignit. join and unite Chapels to a Cathedral Church upon evident necessity or commodity. To e Capit. 1. & Cap. Pastorally extra. de his quae f●nt à Praelato. Vid. gloss. in ca de reb●● Eccles. non alienandis in 6. alter and give away the means of the Church upon just and honest reason, with the consent of the Chapter. Therefore by the same reason they may convert some part of the revenues of livings to ordinary distributions, upon just and lawful cause, with consent of the Chapter, without authority from the Pope, or without any necessity of his commission. Which is valid in this Realm of France, especially where the Pope's power is regulated according to the ancient Canons and Decrees. 8 By the fourth Chapter of the twenty first Session, the Bishops are Delegates for the See Apostolic, to compel the Rectours of Churches within their Dioceses, to take Priests to assist them at the administration of the Sacrament, in case they be not able to do it themselves. Bishops' made the Po●es Commissaries. And by the sixth chapter of the same Session, they are also made commissaries and Delegates to assign substitutes and assistants, to unlearned and ignorant Rectors of Churches. Which is also decreed to the prejudice of the ordinary jurisdiction of Bishops, to whom of common right it appertains to appoint such assistants even according to the Decretals of Lucius the third, and Honorius the third; Cap. de Retoribus & Cap. consultationibus extra. de Clericis aegrotant. whereby they declare that Bishops have power and authority to appoint coadjutours to Rectours of Churches in such cases. 9 In the fifth Chapter of the same twenty first Session, power is given to Bishops, as Delegates for the Pope, to unite Churches and benefices in case of poverty, and such like permitted by the law. And yet this is a thing which agrees unto them by their own proper right, even by the confession of Celestine the third; Cap. St●ut unire extra. de excessib. praelat. Gloss. in Can. & temporis 16 q. 1. It belongs unto the Bishop (saith he) to unite the Churches of his Diocese, and to set one over another. Which is elsewhere repeated by the Gloss upon the Canon law. And it is confirmed unto them by the sixth Article of the Ordinance of Orleans. See here the words; And to the end that Curates may employ themselves in their Charges without all excuse, we enjoin Prelates to proceed to the union of benefices, distribution of tithes, and other Ecclesiastical revenues. 10 By the seventh Chapter of the same Session, power is also granted them, as Delegates for the Pope, to transfer the simple livings belonging to ruinated Churches, which cannot be repaired by reason of their poverty, upon the mother Churches, or others in the Diocese, having called unto them such as are interested in them: howbeit by the same Decretal of Celestine Bishops may submit one Church to another, with consent of the Chapter, by their own authority, without any intervening of the Popes. 11 The same Council in the eighth Chapter of the seventh Session, makes Bishops the Pope's Delegates, for the visitation and reparation of exempted Churches. The Ordinaries of the place shall be bound every year to visit all the Churches, even such as are exempted in what kind soever, by authority Apostolic; and to take order by such remedies as are according to law, that those which stand in need be repaired; and that they be not unprovided of the cure of souls, if any have it over them, nor of other duties, such as shall be found due. It ordains the like for the Churches which are not within any Diocese, in the ninth Chapter of the twenty fourth Session. All this derogates from the eleventh Article of the Ordinance of Orleans, where it is said; That all Abbats, Abbesses, Priours, Prioresses, not being heads of the Order, together with all Canons and Chapters, as well Secular as Regular, whether of Cathedral or Collegiate Churches, shall be equally subject to the Archbishop, or Bishop of the Diocese, so as they cannot help themselves by any privilege of exemption, in regard of the visitation and punishment of their crimes. By this Ordinance the visitation belongs to the Ordinary jurisdiction of Bishops. By the Council it belongs to the Pope, and is conferred upon the Prelates as his Commissaries. 12 There is yet more; which is that by the same Council the Archbishops, and Bishops cannot visit the Churches and Benefices of their Dioceses, and take order for the reparation of other things necessary, but by virtue of the same Delegation. For behold what is ordained concerning it in the eight chapter of the twenty first Session; It is reason that the Ordinary do diligently provide for all that concerns divine service within the Diocese. Wherefore the Monasteries in Commendam, the Abbeys, Priories, Provostships not tied to a regular observance, as also the Benefices, whether they have cure of souls or no, Secular and Regular, in what kind soever of Commendam they be holden, even such as are exempted, shall be visited by the same Bishops, as Delegates for the See Apostolic: Visitation of Hospitals. and the same Bishops shall take care by convenient remedies, even by sequestration of fruits, that necessary reparations be made and done. By this Chapter the Bishops are deprived of their ordinary power in case of visitation, in as much as they are now made Commissaries in that respect: which is contrary to the ancient custom, and the Decree of the Council of Tarraco registered in Gratian'ss Decret. Can. Decrevimus. 10. quae. 1. Vid. Conc. Tarracon. cap. 8. Tom. 2. Conc. pag. 526. We ordain that the order of ancient custom be observed, and that Dioceses be visited by the Bishops every year. And if any Church be found destitute, that the reparation thereof be enjoined by his Ordinance. Item, against the Decree of the fourth Council of Toledo, where it is said; That the Bishop ought every year to go over all the Diocese, and in every Parish to inquire in what need of reparation the Churches stand. Can. Episc. 10. q. 1. 13 The Royal jurisdiction in France suffers prejudice hereby, considering it belongs to the Lay judges to take order for such reparations, as we shall prove in another place hereafter. But that which is ordained in the tenth Chapter of the twenty fourth Session is yet more exorbitant: namely, That the Bishops as Delegates of the holy See have power to ordain, rule, punish, and execute according to the determination of the Canons in all things which concern the visitation and correction of their subjects. Whence it will come to pass that if a Bishop condemn any of the people under his jurisdiction for eating an egg in Lent, or any such like thing, he must trudge to Rome to get his sentence made good. 14 The like here is decreed concerning the visitation of Hospitals, Fraternities, and all kind of sacred places, Colleges, and Schools: Sess. 22. c. 8. For it is given unto the said Bishops, as Delegates for the Popes, although it belong unto them by virtue of their ordinary jurisdiction, by the Decree of the Council of Vienna, holden under Clement the fifth: Clement. Quia contingit. de religiosis domibus, Voyes le recueil des Ordonnances fait par Fontanon. Tit. du Grand Conc. ch. 7. at least for as much as concerns Hospitals. And in our France such visitations belong to the Lay judges, and especially to the great Almoner, who hath the super-intendence of them. So saith King Henry the second in express terms, in his Ordinance of the year 1552, Our great Almoner (saith he) hath the super-intendence & cognizance over the Hospitals and Spitals of our Kingdom, that they be well and duly maintained, as well for the reparation of them, as for the employment of the movable goods thereunto belonging. And whether the poor sick folks and distressed persons resorting unto the said Hospitals, be entertained, and lodged, maintained, and fed according to the revenues of the said Hospitals. As also to compel the masters, and Administratours of such Hospitals, to make account of the said means and revenues. See here that which compriseth every part of the visitation, and all that belongs to the office of him that is to be the visitor. V. Ibid. Tom. 4. tit. 27. des malad. & Hospit. ch. 4. 15 By another Ordinance of King Francis, dated the fifteenth of januarie 1546, the visitation of the said Hospitals, and other charitable places is committed to the judges Royal, Ordinaries of the place where such Hospitals are situate. All Governors and Administratours of Hospitals, or other charitable foundations shall be compelled by our judges of the places next adjoining, to give up their accounts of the revenues and administration of the said Hospitals, by what titles soever they hold them, together with the charters and titles of their foundation, if they have any, within two months after the publication of these Presents. Whom we command and expressly enjoin, every one respectively within his Precincts and jurisdiction, that immediately after the publication of these presents, they visit the said Hospitals and charitable foundations, to inquire of the revenue estate, and reparation of the places, and the number of beds, and poor people whom they shall find there. It is true that upon the publication of the said Ordinance, there was some opposition made by certain Bishops and Abbats of this Kingdom, and by the grand Almoner; but upon the said opposition there was no more decreed by the Court of Parliament of Paris, but this, That out any regard thereunto had, they should proceed to the publication, D●l●g●ti●ns a wrong to w●●●. ordaining nevertheless That within every one of their Ecclesiastical Precincts, each Ordinary, Bishop or Abbot, & the grand Almoner might commit and delegate one or two honest men to assist the judges who were to execute the said letters patents● A ●●st of the Parliament of Paris F●br. 4. 1545. yet without hindering or contradicting the said judges, in such manner as that the Kings will and pleasure might be put in execution. This Ordinance was yet further confirmed by another of the same King Francis dated the sixth of February 1546. And by another of Henry the second, the twelfth, of February 1553. 16 With better reason may we say that the visitation of Schools erected for the institution of youth should belong to Lay judges. Howsoever it be, such visitations are not cases reserve● to the Pope, and therefore this Delegation is against the rules of the Canon law: As is that also which is granted unto them for the execution of things given to pious uses in such cases as are allowed by the Law. Can. 8. Sess. 22. The Bishops (saith the Council) as Delegates for the See Apostolic, shall be executours of all pious donations, given as well by last wills and Testaments, as by those which are yet alive, in such cases as are permitted by the law. Now by the ancient Decrees they are executours of such donations, jure proprio. Witness Gregory the ninth in a decretal of his, Greg. in ●●p tua e●tra. d● t●s●am. Be it that all testaments to pious uses should be taken care for by the Bishops of ●he places, and that all things should be confirmed according to the will of the deceased. Howbeit the testatours themselves should have prohibited, etc. Which he further confirms in another Decretal. 〈◊〉 Gr●●. in ●●p ●●●nnis ●xtr● de testa. 〈…〉 C de ●●is●●p ●t Cl●r. The executours appointed by the testator, after they have undertaken that charge ought to be compelled by the Bishop of the Diocese to perform the will of the testator. The like was ord●in●● by the constitution of the Emperor Anthemius. If the T●statour (saith he) hath expressed the sum of the legacy or Testament in trust given to pious uses without appointing the party (that shall be executor of his will) the Reverend Bishop of the city where the testator was borne, hath power to exact what was bequeathed to that end, executing the holy intention of the deceased without any delay. 17 A man might observe diverse other Articles of this Council where such delegations are granted to Bishops and Ordinaries which is as much as to annihilate their entire jurisdiction, and devolve it upon the Pope, that so all may depend upon him, and his power may be so much the greater. Wherein many men are prejudiced: to wit, the Bishops who lose that which belongs unto them, having it only by way of loan, or in a precarious manner: The Metropolitans who are hereby deprived of the appeals which should come unto them from the sentence of the Bishops: And the Lawyers as well Ecclesiastical as Lay, who must be constrained to go to Rome, either to void the appeals which will be put in, or at least to get new Commissioners, in case he fail to appoint the judgement In partibus, according to the liberties of France, which will be as great a foil as can be imagined. 18 We● will now speak of Evocations: which is another mighty means for the Pope, to make him absolute Lord of all Ecclesiastical justice: to get the cognizance of all causes which he shall think good: to make his Court more frequented than ever it was. This Council after it had decreed that the judgement of causes cannot be taken from the Ordinaries by any extraordinary commissions, Evocations, nor Appeals; it adds, Except in such causes as aught to be tried before the See Apostolic by Canonical Constitutions, or such as the Pope of Rome shall think fit to be committed or removed upon some urgent and reasonable cause, by special commission from his Holiness, signed with his own hand. Now he will always find urgent causes enough to draw the process to Rome: there will never want pretences; if he get but a hole, that's enough, The bad consequence of evocations. how little soever it be, he will find means to enlarge it. And beside, who will tell the Pope that the cause is not reasonable? That were to make himself be pronounced a heretic. It is a kind of Sacrilege to dispute of what he does: yea, it is a mortal sin, Gloss. & addition. in Can. 1. ad verb. Quis eum. dist. 40. saith their Gloss upon the Canon law. 19 We shall here entreat the reader to remember what we discoursed in the second book, touching the Pope's attempts in point of justice, the miseries that proceed from thence, and the great complaints that have been made of it. We tumble back into all these miseries again, by receiving of this Council. The Popes used it formerly by usurpation; now they will do it with some title, and so with more licence. We shall content ourselves with setting down here what was spoken concerning this matter by a whole Council, to wit, by that of Basil, one of the most famous that hath been holden in these later days. Sess. 32. Conc. Basil. Divers abuses and intolerable vexations have grown hithertowards, whiles many men were very often wont to be cited and called forth to the Court of Rome, and that sometimes even for petty things, and were so wearied out with expenses and travail, that they thought it more commodious for them to forgo their right, or with great loss to redeem themselves from such vexation, rather than be at the charges of the suit in a country so remote. So it was an easy matter for slanderers to oppress poor men. So Ecclesiastical livings were oft go● by wrangling shifts and evasions in the Suit, while their means were not sufficient for the true owners, or others that had right unto them, to defray the charges required as well for the journey to Rome● as the pleading of the cause there. Hence also proceeds the confusion of Ecclesiastical order, when the jurisdiction of the Ordinaries is not preserved unto them. The money and means of Kingdoms and Provinces are not a little impaired by this means, and (which is a thing acknowledged to be very harmful to all Ecclesiastical Orders) those which by reason of their worth were called to the greatest affairs of Christendom, were made less serviceable in them, being too much employed in the multitude of such causes. Such evils and disorders as these, gave occasion to the Fathers of that Council to prohibit all evocations in that kind Which was confirmed by the Pragmatique Sanction of Bourges in the title Of Causes, where the same things are rehearsed. CHAP. III. Of giving temporal jurisdiction to Ecclesiastical persons. 1 THis Council useth such marvellous good husbandry, The Council entrencheth upon the Civil jurisdiction. and carrieth all things so handsomely to its proposed end, that at the last reckoning all the world is well apaid, except Kings and Princes for whom the springe was set. We have seen the Bishops already stripped of their jurisdiction, and turned into their bare shirts. Now we shall make it appear that what is taken from them on the one side, is restored to them on the other, all to the prejudice of Secular powers, whose jurisdiction is invaded, and usurped upon, to the advantage of the Bishop of Rome, into whom as into a vast Ocean, all these petty rivers empty themselves. 2 It is a Papal maxim, holden for a certain and undoubted truth. a Bellarm. To. ● C●ntrovers. 3. l 4. cap. 14. That all Bishops receive their jurisdiction from the Pope. They take an oath unto him else where and that a very strict one, & they are bound by this b Conc. Trid. Sess. 25. c. 2. Council, to promise true obedience unto him at the Synods of the Diocese. So that there can be nothing ascribed unto Bishops in point of jurisdiction, but the Pope hath a share in it (as fathers have in the purchases of their children, & masters of their slaves) but their authority and power will ever receive some enlargement thereby. This preface will serve as a candle to give light unto the interests of Kings and Princes in all the particular cases which shall be hereafter specified. 3 This Council then, to the prejudice of the Secular jurisdiction, gives unto Bishops the power of punishing the authors of c Conc. Tried. Sess. 4. c. ult. defamatory Libels, of the printers of them, of Sorcerers, Conjurers, and such like people, of those that contract d Sess. 24. c. 1. clandestine marriages, or are witnesses, and assistants at them: the e Sess. 24. can. 12. cognizance of all causes matrimonial without distinction, of all rights of patronage, both Lay and Ecclesiastical; the f Sess. 21. c. 4. jurisdiction to compel the inhabitants of any parish to allow maintenance to their Parish Priests; the g Sess. 21. ●. 8. visitation of all benefices, both Regular and Secular: the cognizance of the reparations of their buildings, as also the power of sequestering the fruits of the said benefices; the h Sess. 22 c. 10. power of examining the King's Notaries, and of suspending or depriving them of their office for some fault or crime by them committed; the doing of i Sess. 23. c. 6. justice upon married Clerks, which have their tonsure, in all causes both civil and criminal; the k Sess. 2●. c. 8. punishing of concubinage, and adultery both in Lay men and women; the l Sess. 25. c. 3. seizing of men's goods, and arresting of their bodies causes of Ecclesiastical jurisdiction, and that even of the Laity. Besides, this Council in very many m Sess. 7. ●. 5. & 7. Sess. 21. c. 3. et 6 Sess. 23. c. 18. Sess. 25. c. 5. Sess 29. c. 15. Chapters, prohibited all appeals, and will have that which the Bishops do, to stand, without any regard of any appeal to the contrary whatsoever. Also it n Sess. 25. c. ●. allows Ecclesiastical persons to refuse such summons as sh●ll be sent out by the Parliaments or other of the King's judges. For the further satisfaction of such as will not content themselves with this bare proposal, we will speak somewhat of every one of these heads, for the better clearing of this encroachment of jurisdiction, Libels of what jurisdiction. I mean only so far as concerns the right of our Realm of France. 4 Beginning then with the first, which is touching defamatory Libels; our civil laws give the cognizance and jurisdiction thereof to the judges and Magistrates, not to the ecclesiastics. Some, may be, will except such as concern point of Religion, but this exception is not pertinent; and observe this one reason, which is sufficient to confute; namely, that those laws of Constantine the Great, and Constantius, which restrain the licence of such Libels, were made in a time much like this of ours; to wit, when diverse writings were put out concerning point of Religion, against the honour both of one and other. Doctor Balduin hath very judiciously observed it; Francis. Balduinus in comment ad leg. de famosis libellis p. 13. It is behooveful (saith he) to remember what manner of times those were of Constantine and Constantius, wherein the contentions about Religion, not much unlike unto ours, gave fire unto the affections of both parties, and which afterwards hatched those unhappy calumnies, and scandalous libels, just as it is at this present, This he delivers in his Commentary upon the three laws of the Emperor Constantine, and the two of Constantius, made in this case, which we read at this day in the Code of Theodosius. 5 Those words of the Emperor's Valentinian, and Valens, are also remarkable. L. 7. Cod. Theod. de famosis libel. l. unica. C justin eod. If any man have any care of his devotion, and the public safety, let him profess his name, and with his own mouth speak what he intended to prosecute by defamatory libels. This may well be referred to libels in case of religion; nor was it ever meant by those Emperors in any other sense. Now all these forementioned constitutions, with some others of the same Valentinian, and Valens, Arcadius, Honorius, Vid. totum tit. C. Theod. de famosis libellis. and Theodosius lay a punishment upon the authors of such libels, and the Publishers of them; committing the cognizance and execution of that punishment unto their Officers and Magistrates, directing those very laws unto them, to the intent that they might observe them in their judgements. 6 An infinite company of the Ordinances of our Kings speak expressly of defamatory and scandalous libels, which concern matter of religion: they prescribe what punishment shall be done upon them, what pains the authors, printers, and publishers shall endure; and in express terms assign this jurisdiction to the judges Royal. Of this kind is that of King Henry the second, of the eleventh of December 1547, made at Fountainbleau, and another of the same Prince made at Chasteaubriant the year 1551; that of Charles the ninth made at Mante the tenth of September 1563; that of the States of Molins in the 77 Article; and an infinite company beside, which stir up the jurisdiction in this point. 7 I shall content myself with setting down the words of one of them only, namely that of King Charles the ninth made at Mante the tenth of September 1563, which speaks of defamatory libels● placards, pasquils, and such like things in matter of Religion; and as for the point of jurisdiction ordains as followeth; Commanding all public Magistrates, Commissaries of the country, and other our Officers, whom it may concern, to have an eye and regard hereunto, charging our Proctors, and Advocates in every place to do their endeavour, and bestir themselves herein, all other business laid aside, to the finding out, and punishing such faults as they shall find concerning this particular. And afterwards, they are commanded to observe the said ordinance punctually, and proceed against the breakers hereof by the punishments there assigned, peremptorily, without observing the ordinary forms of justice. 8 We have also some pretty laws in justinian about the punishing of Witches and Sorcerers, which are addressed to the ●ugdes and Magistrates; yea, there is one of them that commands him that shall catch any of them, to put them into the judge's hands. Cause's matrimonial, divorce etc. of what jurisdiction. That forthwith he bring him out in public, and present him before the eyes of the judges. The Emperors Honorius and Theodosius writ to Cecilian one of their Magistrates, that he should banish them, unless they would consent to see their own books burnt in the presence of the Bishops. Cod justin. de males. & mathemat per tot. ●. qui●unq●e C. eodem L mathematico ●. de Episc. audient. No●ell Leonis 65. Which shows that the Bishops had but little jurisdiction in that regard. Leo the Emperor writes also to one of his Officers, that he should punish them with death, as Apostates. 9 The punishing of such as contract clandestine marriages, and those that conspire with them therein, and those that advise or assist them about the consummation thereof belongs also to the judges Royal, by the Ordinance of King Henry the second, made at Paris in February 1556, in these words; Let them be liable to such punishments as our judges shall think fit, according as the case shall require, to whom the cognizance hereof shall appertain, and wherewith we charge them upon their honours and consciences. Which Ordinance was renewed at the States of Blois since this Council was holden. A certain argument of the rejection thereof by the late King. 10 As for causes matrimonial, those civil Laws which give the cognizance of them unto judges and Magistrates, are sufficiently known by every body. We shall only speak of the law of France, after we have set down the words of the Council. Session. 24. Can. 12. If any man say that matrimonial causes belong not to Ecclesiastical judges, let him be accursed. See, here's a Canon without either saddle or bridle, which is able to fear all the Secular judges in the world, and make them forbear all judgements whatsoever concerning marriages, or any thing that depends upon them, for there is nothing excepted. 11 It is the custom in France that when the question is of the rite of the coupling together in marriage, as for instance, Papon au re●ueil ● Arrests tit. de jurisd. eccles. Art. 2 & 3. Whether marriage be perfect and consummate by words of the future or of the present, the cognizance belongs to the Ecclesiastical judge; but if it be a question of fact, as Whether the contract was made by words of the present, or of the future, than it falls within the jurisdiction of the Civil judge. Papon au mesme lieu art. 3. Papon ibid. art. 3. & 4. Imbert in enchir. in verbo matrimonii controversi. 1. Papon au tit●e de la jurisdict. temporelle art. 3 Droict de patronat. So likewise if separation from the bed, or divorce be barely required, and no more, than it is for the Ecclesiastical judge to determine; but if the question be of any fact, as if divorce be required because one of the married parties is a thief, than it is for the lay judge. Further, if the question about marriage be betwixt any other parties than the husband or the wife, as if the father and mother be interessed in it, so likewise if the controversy be about the damages or profits arising from a marriage, about the portion or gift given in consideration of a marriage, about any transaction in a matrimonial cause, or other consequences or dependents● it belongs no more to the Ecclesiastical jurisdiction; as hath been adjudged by diverse arrests of our high Courts of Parliament. 12 The right of patronage is indeed a thing annexed to somewhat which is truly spiritual, yet it doth not cease for all that to be a temporal right in some kind. This distinction hath ever been currant in France, Gloss in ca●llteras. Extra. de juram. calum c. quanto. Extra. de judic. that the Ecclesiastical judge determines of Ecclesiastical patronage when the question is about the petitory, but for the possessory that is for the Civil judge. This maxim is most true, that in things spiritual the cognizance of the petitorie belongs to the spiritual judge, and of the possessory to the lay judges: Accordingly the Parliaments and other judges of this kingdom have determined concerning the possessory in the matter of tithes, which are as spiritual as patronages can be, Papon tit de jurisd. eccles. Art. 1. Papon au titre de la jurisdict. temporelle art. 22. concerning which there is an Arrest of Paris made 1262 to be seen in the great collection of them. They have also ever determined of the possessory of Benefices, concerning which there is an Arrest of the Parliament at Bourdeaux of the 19 of july 1524 in the same collection. Pope Martin the fifth hath so agreed upon the case with King Charles the seventh concerning the possessory of Churches, Tithes, Benefices, and all other spiritual things, L●y patronage, of wh●t jurisdiction. in a certain Bull of his, as the learned Counsellor of Grenoble witnesseth in his decisions; and this because the possessory, which is the thing controverted, is a temporal thing. G●ido Pape decis. 1. et 352. 13 As for lay patronages they never were of Ecclesiastical jurisdiction in France, neither for the Possessory nor the petitory. And this is so far true, that whereas the spiritual judge may have cognizance of tithes as concerning the petitory, yet he may not so of those which are appropriated, that is, holden by a lay hand in fee of the Church, and which are by that means converted into a right of patronage, as was judged by an Arrest of the Great days of Poitiers the 26 of September 1531, by another of Paris at All Hallowes 1289. It is said in an ordinance made by Philip the third, Papon titre de la jurisdiction temporelle art. 1 Et titre des dismos art. 9 anno 1274, that if one lay man sell unto another lay man the tithes which he hath bought of a Clerk, and there arise a suit about the price, the cognizance thereof doth not belong to the Ecclesiastical judge. 14 The form also which is prescribed by this Council for trial of the right of patronage, is no way receiveable in this kingdom, which ought herein to follow the common law, especially considering that the rigour concerning this point is so severe and exact, that the most part of the lords & owners of the said rights of patronage should be in danger to lose them, if they were reduced to that necessity of trial. Now it is one of the privileges of our Gallicane Church. Chap● 23. des libertez de l'Eglise Gallicane. That the Pope cannot by any provisoes about Benefices, or otherwise, derogate from, or prejudice lay foundations, and the rights of the lay patrons of this Realm. 15 It is also an abuse to give the Bishop's power to compel their parishioners to maintain their Priests, considering that the Bishops in France have no jurisdiction over lay men in a temporal thing, such as is food, but only in case of the Sacraments, and other spiritual things, as is said expressly in an ordinance of king Francis, Articles 1. 2. 3. 4. the l'ordonn. de l'an 1539. Papon tit. de choses sacreés Art. 2. Papon ibid. Art. 3. made 1539. conformably to the former distinction: by an Arrest of the Court of Parliament at Paris of the 11 of july of 1531, a certain Priest was judged capable of suing before a lay judge against a lay man for the wages of his calling, in as much as he had said Mass for him. And by another Arrest of the 17 of April 1545 upon an Appeal as from abuse, put in by a lay man against the proceedings against him before an Official, at the suit of a Priest, who demanded payment for diverse Masses celebrated for the said lay man and his predecessors, it was judged that a lay judge is only competent to condemn a lay man in such cases. 16 By another Arrest of the tenth of August 1551 the assignation granted to certain villagers by the Bishop of Angers his Official, Ludovicus de Rambe●g in constitutionem Francisc. Latam anno 1539. Art. 1. Idem Lud. Ramberg. was declared to be a nullity, in as much as it was done by an incompetent judge, and that because it was about the payment of a sum of eight pence, which the said assigns were bound to pay to the Canons of Angers every year at Easter, to be bestowed in wine which was given unto them after the celebration of the blessed Sacrament. By another Arrest of the 22 of April 1532 it was declared that the right of sepulture is not triable before an Ecclesiastical judge. There is greater reason that a lay judge should determine in case of maintenance demanded by a Priest against his Parishioners. For in such a case the question is not about a spiritual thing, bu● a temporal annexed unto a spiritual, which in matter of jurisdiction must ever be separated. 17 As for the visitation of benefices, the Parliaments of this Realm have reserved that authority unto themselves, of ordering of them diverse times, and causing them to be judged. And to this purpose there is an Arrest of Paris of the 16 of December 1521, whereby it is determined that the Priory of Sain● Maurice at Saint Li● shall be visited and repaired; and beside, that during the suit of the Priory, Of visitation and reparation of Churches. the administration of the sacred things shall be committed to two Clerks, and of the profane to two lay men. The Monks of the Abbey of Orbais in Champain complaining of the Abbot in trust, that monastery was visited by Arrest of the same Parliament, given out the year 1●68. The power of visiting belongs indeed to Bishops, but not so as that they may use any coaction to cause the reparations of the buildings to be made. They may call in unto them the lay officers of the place to provide altogether for the reparation and maintenance of Parish Churhes and their buildings. But the putting of this in execution belongs afterwards to the lay judges; who to that end must compel the Churchwardens and parishioners to contribute for the necessary charges by all due and reasonable ways, yea and the Curates themselves, if they be seized of temporals to bear such a part and share of the said reparations and charges, as shall be set down by the said Prelates. This is almost word for word the same with what was decreed in this point by the 25 article of the ordinance of Orlean. So then the Bishops may arbitrate these reparations, calling the lay judges in unto them, but they have no jurisdiction to compel any man to make them; that belongs to the Civil judges, exclusively to the Ecclesiastical in France. 18 It is many years ago since the Parliament of Paris pronounced, johan. Gallu● q. 5 ●7. that it was good law which was done by a bailiff of Vermandois, who going upon a Commission for the King decreed that he would have the cognizance of assessing of reparations, which were to be done in certain houses which belonged to the Church of Landune. A certain Bishop of Noyon was also dismissed of his exception against the jurisdiction of the Court, P. han. Gallu● q. 225. in an action entered against him in Parliament, about certain reparations of the tenements belonging to another Bishoprique which he had formerly had. In the register of the ancient Decrees of the Parliament of Paris. Folio 114, there is one of King Charles the sixth, bearing date the sixth of October, 1385: the words whereof are these; That every of the judges Royal within his Province, perceiving the ruin of Church livings by default of allowance of means to such as do divine service in that place, by the burden of debts, or the fall of houses, proceeding from the negligence or ill usage of the inhabitants, that they seize the fruits of them into our hands. By a triple division whereof they shall provide for the three defaults above mentioned, deputing certain Commissaries to that end, by the counsel and advise of the Abbats, Religious, or Ministers of the places at indifferent charges, who shall give accounts of the remainder, and restore it unto those to whom it shall appertain. 19 The necessity of repairing and re-edifying of Churches during the time of these troubles, being referred by our Kings unto the Clergymen, the Ordinances made in that behalf, are directed to the Courts of Parliament, the bailiffs, and stewards; who are prohibited by virtue thereof to compel them to make the said reparations, as appears by the Ordinances of Charles the ninth, dated the 10 of September 1568. The eighteenth of September 1571. The third of November 1572. It hath been also judged by diverse Arrests of the Parliaments of this land, which are to be seen in the great collection of them, that the question touching the reparations of benefices belongs to the Lay judge, and not to the Ecclesiastical. 20 As for the sequestration of the fruits which the Council gives unto Bishops it belongs no more unto them than the other, Papon tit. des choses sacrees, art. 12. 14. & 15. Tit. de la jurisdict. temp. art. 19 & 21. considering that they cannot put it in execution, nor have any right of seizure in the goods movable, or immovable. And herein that Decree of Philip the third, dated 1274, is worth our observation, who prohibits a Bishop the granting the seizure of the movable goods of a certain Clerk condemned in a personal action, considering that those goods were not within his episcopal jurisdiction. Royal Notaries, and married simple shavelings, of what jurisdiction. 21 But there is nothing more exorbitant than the jurisdiction which is by this Council given unto Bishops over the Notary's Royal. It is a certain rule, that Ecclesiastical persons have no jurisdiction within this Realm over Lay men, save in one case; to wit, when the question is concerning the sacraments and spiritual things. This is so far true, that an Ecclesiastical judge cannot so much as deal in a fault committed by his Lay jailor for suffering a prisoner to make an escape, or in any other offence committed in the gaol; as it was judged by an Arrest given in the Great days of Poictires the 18 of September 1531; nor in any faults committed by the Proctor of his office if he be a Lay man, although he have trespassed in the exercise thereof, according to an Arrest of Paris of the 11 of April 1532. Now the Royal Notaries are so far from being, nay it is so impossible that they should be under the Ecclesiastical jurisdiction, that on the contrary the judge's Royal have authority over the Apostolical Notaries. This appears by an Edict of King Henry the second, made at Fountainbleau in September 1547, about the calling in of the Apostolical Notaries, wherein it is said, That by the bailiffs, stewards and presidial judges, every one in his own power and jurisdiction a sufficient number of the said Notaries shall be adjudged and limited. Which calling being so made by them and every of them, his will is That they make choice of the most able and sufficient within their jurisdiction to the number by them determined. And for the Notary's Royal, it were a superfluous thing to allege the Decrees which give the King's judges authority to punish them in case of any offence or crime by them committed. 22 The jurisdiction which is given unto Bishops over such married people as have only the single tonsure, is not less extraordinary. A married shaveling hath as good as no privilege at all in France, but is reckoned in the rank of Lay men, because of the great abuses which have been heretofore committed in this Kingdom. For, to enlarge the Ecclesiastical jurisdiction; the time was when Prelates bestowed that tonsure upon all sorts of people, even upon some young infants, some servants, some bastards, and some ignorant and illiterate married men; yea, and which is more, if the King's Officers prosecuted any offender, if he but said he was shaved, though indeed he were not, the Ecclesiastical judge would straightways hook unto himself the cognizance of the cause by censures and excommunications. Which was a means of offenders escaping with impunity, because that they might get off by their purse from the Ecclesiastical judges, upon which occasion all malefactors inclined rather to this jurisdiction: as it is proved at large in the Articles which were presented to King Philip, by Mr. Peter de Cugneres against the Clergy of France. Cap. exparte de Cleric. Conjugat. 23 A certain Queen of England complained to Pope H●norius the third of that name, that many married men made use of the tonsure, to cheat her of the right which belonged unto her, as it is recorded in the Decretals. By an Ordinance of King Charles the ninth, in the year 1563, it was decreed, that none should be admitted to sue, by virtue of the privilege of his Clergy, to be sent back to the Ecclesiastical judge in any case whatsoever, whether civil or criminal, unless he were a subdeacon at the least: which is as much as to exclude all simple shavelings, whether they be married or no, who notwithstanding shall be admitted by the Council of Trent, yea in such sort, that privileged cases are not excepted in criminal matters, nor personal actions depending upon the reality, and other such like civil matters; howbeit that such exceptions have ever been in force within this Kingdom, and that even in all sorts of Ecclesiastical persons. 24 And see here another great prejudice done unto us by this Council, which we must either take a course to remedy, or else all the regal jurisdiction on of our Ecclesiastical persons will come to nothing, Adultery, concubinage, seizure of goods, of what cognizance. and we must talk no more of those distinctions which were wont to be used in the palace, time out of mind in this regard. For if privileged cases, and civil actions which belong to the jurisdiction Royal, be not excepted in the person of married Clerks, then much more must we admit of this new law in behalf of other Clergy men, whose privilege is far greater. 25 As for Civil actions the Council confirms the Decree of Boniface the eighth, whereby Secular judges cannot condemn married Clerks, neither in personal causes, nor pecuniary. In Cap uni. de Clerici● Conjug. in 6. Which words are of a very large extent, so great that we may comprehend under them, not only actions which are purely personal, but such also as depend upon reality, all actions of contract, real, and possessory. For the word Pecuniariter being divided from Personaliter, and placed before it in the said Decree, will always be understood generally, and will comprehend within its latitude, by means of that interpretation they will put upon it, whatsoever concerns our patrimony, and all the actions which we can have, either for the recovery or preservation thereof. Which they will confirm even by the authority of our own law. 26 As for adulteries, the usurpation is very notorious: L. quamvis & se●●. C. ad legem juliam de adult. it is directly against the Civil laws, whereby the punishing of this crime belongs to the Magistrates, not only by those of the Pagans, but even by those also of the Christian Emperors. The Ecclesiastical judges in France never had the cognizance of such crimes over Lay men, but this jurisdiction was left in the possession of the Secular judges: Yea, which is more, we read two Arrests of Bourdeaux, one against a Bishop, Papon. tit. de adult. another against an Abbot, whereby they were condemned unto certain punishments for the crime of manifest adultery. There are an infinite more Arrests of the Courts of Parliament of this Kingdom, which testify that they are in possession of the cognizance of this crime. 27 Leo the tenth acknowledging that this right belongeth to the officers Royal of this Realms Concord inter Leonem 10. & Francis. 1. tit. de Public. Concubine. where he decrees concerning the punishment of Clerks that keep Concubines, when he comes to speak of Lay men, he doth no more but exhort them to abstain from adultery and concubinage, as things forbidden by God, without passing any further. The Ecclesiastical judges have sometimes attempted to usurp this jurisdiction over the Laity in case of adultery; In libro composito super facto praelatorum. but the complaint which was made of it by Mr. Peter de Cugneres on the behalf of the judges Royal, which we may read at this day extant, put an end to that trouble. And always whensoever the Clergy attempted to meddle in such matters, they have been prohibited by the Parliaments upon appeals, as from abuse which have been put in against their decrees. 28 So by an Arrest of Paris, of the 28 of june 1534. It was determined that a married Lay man cannot be cited before an Ecclesiastical judge, Gil. le Maistre au t●aitte des appellat. come. d' ab chap. 6. for deflowering a Virgin. There are two Arrests of that same Court, called, The Arrests of married whoremongers, which are very remarkable; one dated the 10 of july 1366, the other the 5 of March 1388, whereby Bishops and Archdeacon's are prohibited to cause Lay men to be cited any more before their officials, in case of adultery or fornication with other women than their own wives. In slylo Cur. Parl. part. 3. tit. 29. There is also an Ordinance of King Saint Lewes the year 1254, for the banishment of common whores out of all cities and towns, which he will have to be done by his judges and Officers, and their goods to be seized by them. 29 The like case is about seizure of goods, it being a thing certain in France, that such executions are prohibited and forbidden to Ecclesiastical judges by an Ordinance of King Philip the third, made in the year 1274; which forbids any Bishop to cause any such execution to be made of the immovable goods of any Clerk condemned in a personal action; because the immovable goods are out of his Episcopal jurisdiction. Parliaments d●p●iv●d of appeals. According hereunto a certain Bishop of Paris was declared not to be admitted into the Court in a pretendure which he made of the power of arresting certain monies belonging to a Clerk inhabiting in certain lands subject to the jurisdiction Royal, and he was cast for attempting it, by an Arrest of Paris the second of April 1334. And the reason hereof is, that it is holden for a ruled case in our law, that Bishops and other Ecclesiastical judges have no territory or other right of temporal subjection, giles le Mais●re au traicte des Appellatione comme d'abus. chap. 5. as is proved by Mr. Giles le Maistre chief Precedent of Paris, by diverse authorities. And upon the same reason the cognizance of real actions, of debt, and possessory, is forbidden them. When there is any necessity of doing such or such like executions, they must implore the aid of the secular arm, which cannot be denied them. The judges Royal are enjoined by the 24 Article of the Ordinance of Melune made 1580, to aid the Ecclesiastical judges in the execution of their sentences when they implore t●e secular arm. giles le Maistre ibid. 30 Much less may they proceed by way of imprisonments or otherwise to the execution of their sentences. Such Acts are left to the Secular power which they ought to implore. But if in any criminal case they decree the Arrest of a man's body against those of their jurisdiction, they cannot proceed to cause him to be attached, if he be out of their Court, but must have recourse to the secular arm. And to this purpose it was determined by an Arrest of Paris of the tenth of May 1535, That it was ill determined and absurdly proceeded by the Dean and Chapter of Man's, who judged, upon an accusation commenced against a Canon of the said Church, that he should be kept prisoner in his Cloister. 31 But one of the greatest wounds which the King's authority and the Courts of Parliament can receive, is, that the power of appealing is taken away even almost in all actions. For as for the Pope's Bulls and Decrees we have already proved that such appeals cannot be put in hereafter, in as much as he is made to be above a Council, above all Princes and Lords that have any sovereign dominion; in as much as the confirmation of all the Canons and Decrees of the Council of Trent was left unto him; the reformation also of all that concerns Ecclesiastical manners and discipline, and his authority in all things reserved. As for the Bishop● and other Prelates of this Kingdom, in all the beforementioned cases it is said expressly, that no appeal can be had from their sentences. It is true that the Pope's authority is reserved above all so as not only the King's inferior judges are deprived of their ordinary jurisdiction, but the Parliaments also of Appeals unto them as from abuse, which have always been put in from the sentences of the Bishops: yea even from the Canons and Decrees of the Provincial Counsels of France, and the execution of the Pope's Bulls and Decrees. Sess. 7 cap. 5. & 7. 32 But there is yet more, namely, that appeals from abuse made unto the Parliaments, in diverse other cases is taken away: as where it is decreed that no appeal shall be made from such sentence of the Ordinaries, whereby they shall depute a Vicar with an assignment of certain portion of maintenance in any Cure or Benefice formerly without Cure. Wherein there is a double grievance: First, that th● judges royal, as Bailiffs, Stewards, and such like, are deprived of that seizure which they are permitted otherwise to make of the revenues of livings ●ine curâ, both by the Ordinance of Charles the 6, Anno 1385, and by that of the States of Orleans holden under Charles the 9 Anno 1560, in the eight and twenty first Articles; and after that by the Edict of M●lune made by Henry the third in February 1580, Article the fifth, upon occasion of the complaints of the Clergy of France, and by another of the same Prince the tenth of September 1●68. The other that our Parliaments are deprived of Appeals as from abuse, which have always been used in this kingdom. Council of Trent deals unjustly about schools and Hospitals. 33 Power is also given unto the Bishops to erect Colleges for the instruction of youth, with the advice of two of the most ancient Prebends, and to endow them with the advice of four deputies, two of the Chapter, and two of the Clergy: as also to order the revenues of buildings, and of hospitals, tithes appropriated and belonging to lay men, so as there can be no appeal from what they shall determine in this respect. Wherein there are diverse good grounds of complaint. First, that the Council undertakes to erect Colleges in France for the instruction of youth; for that derogates from the King's authority, who hath provided for this point by the ninth Article of the Ordinance of Orleans. Secondly, that the Council gives the power of this erection to the Clergy, without employing the Majors, Sheriffs, Councillors, Capitons, or other Civil Magistrates, which the same Ordinance doth require: the words whereof are these. Besides the said Divinity Prebend, another Prebend or the revenues thereof shall be assigned for the maintenance of a Schoolmaster, who shall be bound in the mean time to teach all the youth of the City gratis, without any wages. Which Schoolmaster shall be chosen by the Archbishop or Bishop of the place, calling in the Canons of the Church, together with the Majors, Sheriffs, Councillors, or Capitons of the City, and to be put out by the said Archbishop or Bishops, with the advice of them aforesaid. And the execution of the aforesaid Ordinance is committed to the Officers Royal by another Ordinance of the same Prince given the 22 of November 1563. Voyez le recuell des Ordonn. de Fonta●on. Tom. 4. 'tis 10. des pragmatiq. Sanct. chap. 7. And the reason why the Ecclesiastickes are here joined with the lay in the election of a Schoolmaster, is, because his maintenance is taken out of the revenues of the Church. For otherwise there were no necessity why they should come in. 34 In the third place, it disposeth of other men's goods too freely (as of building money) employing it to another use, against the will of the founders. King Henry the third without any regard had to the determination of that Council, by his Edict of Melune, Anno 1580 Article the eighth, doth expressly forbid both his judges and all others to divert or apply the goods and revenues which have been given for the building of Churches and Chapels, to any other use than that to which it was ordained. Which showeth withal the little regard the late King had of this Council. 35 It disposeth likewise of the revenues of Hospitals contrary to the intention of the Founders, and to the prejudice of diverse Ordinances of our kings which have been made in this behalf, whereby all jurisdiction and disposal of the goods of hospitals is entirely given to the judges Royal: who are commanded to take the accounts of the administration of them, to proceed to the correction and reformation of such abuses and disorders as are committed in them, to assign an allowance to their tutelar governor's for the charge of divine Service which they are bound to do, to give the residue entirely unto the poor, according to the institution of them. This is the sum of King Francis the first his Edict given at St. german in Say the 15 of january 1545, published at the Parliament of Paris the 4 of February the same year, confirmed afterwards by another of the same Prince made at Rochfort the 26 of February 1546, and another given at Melune the 20 of june the same year; another of King Henry the second the 12 of February 1553. of Charles the ninth 1561. of the Ordinance of Moulins of the same Prince, Article 73. And besides all these by the Edict of Blois by the late King Henry, Article 65. All which Edicts set down other forms for the administration, preservation, and distribution of the goods of the said hospitals. Yet so that they must always be employed to the relief and sustentation of poor people, the reparation of buildings, and such necessaries. Infeodated tithes of what jurisdiction. 36 The same Council disposeth likewise of infeodated tithes, (that is such as have by just title been appropriated to lay men, so as now they ret●●● nothing of spiritual) giving the Bishop's Sovereign power to apply one part of them to the maintenance of Colleges, and so as there shall be no appeal from them. Which it ought not to do, because it hath no power over the goods and lands of lay men, no nor over the temporals of Clergy men in the Realm of France. It is here considerable, that although tithes be reckoned amongst spiritual things by a In cap. literis extra de juram. calum. Eugenius the third, yet that's improperly spoken, and they are not so truly spiritual as set aside for the use of the spiritual Ministers of the Church, as Mr. john b In tract. de vita spir● animae & in prima lectione supra Marc. Gerson teacheth. 37 And this is also the reason that by the Edicts of our Kings the most of the controversies arising about tithes are of secular jurisdiction: as when the question is of the possessory: c Ordon. de Hen. 3. faite à Melun en l'ann●e 1580. art. 29. when the quotity of tithes is controverted: d Ordon. du roy Charles 9 faite au chafteau de Bologne les Paris le 24. juillet 1568. Ordon. de Bloi● art. 49. or the removeall of corn or other tithable fruits of the earth out of their place before the tith be paid; and such like cases: So that there is nothing left for the Ecclesiastical jurisdiction save only the question of right, namely, Whether the tith be due. Amongst other Edicts to this purpose, there is one of e C'est la me sine du chafteau de Bologne. Charles the ninth, whose words are remarkable. All suits concerning tithes and the right of them we have for the present remitted to the ordinary judges of every Province, to whom the cognizance thereof shall appertain, and over which we have given them full jurisdiction. And another of the same Prince made at Paris the 18 of April 1571, in the 16 Article of which there is this clause. We grant unto our Court● of Parliament the cognizance of such suits as shall arise hereabout, every one within their own circuit. 38 If these Ecclesiastical tithes are of secular jurisdiction, because they have in them but a little of the spiritual, much more ought they to be so which are appropriated. So it is reported as a ruled case in law, Molineu● in consuetud. Paris. §. 46. c●l. 25 That tithes holden in see belong to the jurisdiction of the secular judge, exclusively to the Ecclesiastical. So then the Ecclesiastical judges cannot intermeddle with them, nor determine of them without entrenching upon the other jurisdiction: much less can the Clergy dispose and decree concerning them, whether assembled in Council or otherwise, to the prejudice and damage of the lay men that are the owners and possessors of them. And therefore in this Kingdom we ought not to have any regard to that prohibition made by the Council of Lateran, Cap. prohibemus extra de decimi●. whereby lay men that hold tithes in fee are forbidden to make conveyance of them to other lay men, for that is to make laws about particular men's estates, and thrust the sickle into another man's harvest. Now the attempt which is made by the Council of Trent● the thing now in question, is far greater: for that of Lateran doth only prohibit the alienation of them to lay men, whereas the Council of Trent gives Bishop's power to deprive a lay man of his goods and estate; of a thing which truly belongs unto him, and which hath nothing spiritual in it: to wit, to take a part of his tithes, that is a part of his inheritance, from him, and convert it to the maintenance of a School. And which is worse there must be no appeal made from that order and decree which the Bishop shall make, what abuse so ever the●e be in it. So that both the owners and possessors of those tithes shall be deprived of their goods, and the judges of their jurisdiction, and that to the prejudice of those edicts already alleged. 39 And after all this yet this Council will have the accounts of Colleges 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 derogatory to the Edicts alleged here before, whereby the making of such accounts of building-money, and Hospitals, is laid upon the King's judges, inasmuch as there shall no account be made to them hereafter, of that part of the revenues which shall be taken out of such buildings and Hospitals, to be employed to the use of those Colleges and Seminaries, but only to the Bishop. Administration and accounts of Hospitals and Spitals etc. of what jurisdiction. Wherein there is a very great accumulation of grievances: for they to whom it formely belonged to make those accounts, ought not to be deprived of it by means 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 King's Officers; at least that the Major and Sheriffs of the town where such houses are, and such like persons were called: considering that the means of Colleges and Schools is no more spiritual than that of buildings, Hospitals and Spitals. Especially considering that building-money, Edict de Mel●● de l'an 158●. art. 9 Edict. de Cremien. art. 9 Edict du moiis de juin. de l'an 1559. Edict de Iuillet de l'an 1578. Ordo●●du 17. May 1●82. after the buildings are finished, aught 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 always left to the Officers Royal; nor is the Clergy 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 june 1550. And as for the accounts of Hospitals, they are to be made also before the King's 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 be 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 do. Howsoever in such sort that the four, at the least, of the most eminent inhabitants of the place or Parish must be called unto them; as it is ordered by the sixth 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 Prelates and Clergy shall be maintained in their right which they have of looking to the administration of Hospitals and Spitals, and taking the accounts of their revenues: where that must be repeated which is in the precedent Edict, (The most eminent inhabitants, etc. being called thereunto;) forasmuch as this latter a●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 Cloisters 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 paine● of excommunication to assist them. In which there are many grievances. First, in that the judges Royal, as also the Bailiffs and Stewards are deprived of that cognizance which belongs unto them before all others in case of such reparations, as we have made it plain already. Secondly, in that the Parliaments are deprived of those appeals which would be made unto them from the inferior judges. Thirdly, in that no appeal can be made unto them as from abuse, from the sentence of Bishops. And fourthly, in that the King's Officers are made liable to excommunication, contrary to that privilege which hath been granted unto them, and which they have ever enjoyed: whereof we shall speak in another place. Now if this Council take place, we must make account that appeals as from abuse, are utterly abolished, as we have said already: which is a thing that concerns France not a little, inasmuch a● it is one of the principal weapons, wherewith our Predecessors have fought against the usurpations of the Popes and other ecclesiastics. CHAP. IU. Of Exemptions. Ill effects of exemptions. 1 ANother means which the Council useth to hook in to the Pope the jurisdiction over other men, are the Exemptions granted to Churches, Chapters, Corpses, Colleges, Abbeys, and Monasteries, to the prejudice of their lawful Prelates and Ordinaries, the Bishops and Metropolitans. Our Trent Fathers knew well enough and confessed that such exemptions are a cause of much evil: for say they, Cap. 2. Sess. 24. In ali●● Can. 2. Sess. 8. They give occasion to the persons exempted to live more dissolutely, and more at their liberty. This is not all, for we must add, That they take away the reverence and obedience which the exempted owe unto their Prelates and Ordinaries; and make them think themselves as good men as the Bishops, and other their superiors: ●●il. Durant. Tit. 5. prim. part. tract. de modo celebrandi Conc. General. That the correction and punishing of faults and excesses, is hereby ●indred and brought to nothing: That they are prejudicial to the whole Church Catholic, inasmuch as the exempted cannot be judged but by the Pope, and he cannot do it by reason of his remoteness from them: That they rob men of the means of doing many good works in religion: That they are the cause of many scandals: That those to whom they are granted, abuse their privileges: That they draw after them the ruin of Monasteries, being rather a burden than an honour or profit to them. All these reasons were alleged by William Durant Bishop of Mende in Gevauldan in the time of Clement the fifth, to persuade the General Council of Vienna to abolish such exemptions. Let us hear what complaints have been made against them at several times. 2 Saint Bernard spoke very freely of them to Eugenius the third, in those books which he dedicated unto him. Bernard. lib. 2. the considerate. ad Eugenium. Abbats (saith he) are exempted from the jurisdiction of their Bishops, Bishops from their Archbishops, Archbishops from their Patriarches or Primats. Does this manner of dealing seem good to you? It were strange if it could be excused, or if there were any need of it. In so doing you show that you have plenitude of power, but perhaps not of justice. He speaks yet more of it, but this is sufficient. 3 Cardinal de Alliaco maketh a complaint of them likewise, and is of opinion that a course should be taken with them. Petrus de Alliaco ca 2. the reform Eccles. adding, That many devout zealous men in the Church have a long time complained of them: as Saint Bernard in a book by him directed to Pope Eugenius, and others. john of Paris, a divine of the Order of Predicants urgeth the same Saint Bernard. johan. de Paris. in tractat. de potestat. Reg. & Pap. c. 19 It is also to be considered (saith he) that Saint Bernard reproves the Pope for troubling the state of the Church, by exempting Abbats, and others subject to Bishops, submitting them to himself immediately. Guil. Durant. eod. loc. 4 The same Durant maintains, That the Pope hath no power to grant such exemptions, considering that they overthrew the general order of the Catholic Church which proceeds from God● the Apostles● the holy fathers, and general Counsels; and which was approved and confirmed by Popes: that by this order all the Monasteries, religious places, Abbats, Abbesses, Monks, and Nuns, and all other religious, and Ecclesiastical persons, are immediately subject to the government and guidance of Bishops within their Cities and Dioceses, Exemptions anciently complained of. as unto their superiours● the Apostles successors, and such as have power and authority over them. Which maxim he proves by a great number of authorities taken out of ancient Fathers, Counsels, and the Canon law: part whereof we have set down in the margin: From whence, and upon diverse other reasons, Can. ult. & ibi glos. dist. 89 Can. ad hoc 16. q. 1. can. licea, dist. 45. can. omnes Basilicae. 16. q. 7. can. si quis Abbas. can. cognovimu●. can. in nullo. can. monasteria. can. visitandi. can. non semel 18. q. 2. 10. q. 1. per totam can. qui vere 16. q. 1. & can. sacrae ●ad. cause. q. 2. can. El●ateriu●. & can ser●itium 18. q. 2. can. in venditionib. 17. q. 4. can. Abbatib. 12. q● 2. cap. de synodoch. ext. de religio. domib. cap. per tuas. cap. omnis cap. quod. super his. de maior. & o●ed. he concludes, that the Pope ought not for the future to grant any such exemptions, and that those which are granted already aught to be called in. 5 Marsilius of Milan makes a grievous complaint hereof, Marsilius Patavinus in def. Pac. part● 2. cap. 24. setting out the injustice of them to the life: The Pope (saith he) absolveth all the Prelates and superior orders from the power, care, and correction of their superiors: as Archbishops from the jurisdiction of their Patriarches. Bishops from the Archbishops, Chapters or Colleges of Clergy men from their Bishops, as also Abbats and Priours of Monks, and now of late (I wish it were without a great deal of mischief) the Religious called of the Order of Poverty; putting them all, by a kind of subversion of all order, under his immediate care and correction, without any evident necessity, but rather upon a notorious greediness of increasing suits: beating his brains to make the fees run to him wards, to spoil the Prelates, and enslave them unto him so much the more. No man is ignorant of the insolence which proceeds from hence. For these exempted persons having not their superiors at hand grow contumacious, disobedient and irreverent towards those to whom they ought of right to be subject; taking from hence matter and occasion of offending more freely both against them and others. 6 Nicholas de Clemangiis toucheth also upon this abuse; Nicol. de Cle●. in libello de ru●●. et reparat. Eccles. five de corrupto Eccles. statu cap 31. for speaking of Canons, he saith, To the end that they may freely and with impunity commit all kind of wickedness which a soul is capable of; they are exempted from all the correction and discipline of their Prelates, by paying a great ransom. He makes a particular enumeration of their vices and crimes, and afterwards adds, Having committed all these frauds and rapines, there is no body to punish them, for the poor can have no access to the Pope, who is the sole judge which many of them brag to have. 7 Mr. john Gerson in a certain book of his where he treats of the reformation of the Church, johan Gerson 1. part. in declarat. de●ectuum vir●● Eccles. num. 70. Consider (saith he) whether the too large exemption and privilege of some men be profitable or no, and whether the avoidance of the correction of the Ordinaries granted unto them be commodious. The Emperor had also given his Ambassadors in charge to require at the Council of Trent the reduction of Monasteries under the jurisdiction of the Bishops of the Dioceses where they stand. The King of France his Ambassadors stood to their demand, as we have said elsewhere. 8 Let us now see the goodly reformation herein made by the Council: For that piece which we have viewed already, promiseth some goodness for the future. First, there is no forbiddance, nor prohibition of such exemptions, nor so much as any restrictions, or limitations, Cap 2. Sess. 24. in aliis can. 2. Sess. 8. saving only forasmuch as concerns Protonotaries, Acolytes, Count's Palatines, Kings Chaplains, and other such like dignities, which challenge a kind of exemption. Which (saith our Council) ought not to be granted, save upon just, important, and almost necessary causes. As for other exempted persons, let the Pope make as many as he will, no body says a word to him. But they have done a great courtesy when they declare that nothing is taken from the Ordinaries by such privileges of exemption, inasmuch (say they) as they shall always have the cognizance and jurisdiction over exempted person●, as Delegates for the See Apostolic. jurisdiction over exempted persons, unjustly usurped by the Pope. According to them there is no difference betwixt having a proper jurisdiction and of a man's own head, and having it by commission. 9 The interest of our France concerning this point is very evident in two things: first, in the grant of exemption, In as much as from all antiquity they were not granted, save only by our Kings and Princes, or by the Popes at their instance, and upon very weighty and important considerations. Next, For as much as no Monastery, Church, College, or other Ecclesiastical body can be exempted from their Ordinary, so as to say they depend immediately upon the holy See, without the King's leave and permission. These are the very words of one Article, Of the liberties of the Gallicane Church. They derogate from this right by the second Chapter of the twenty fourth Session, of which we have spoke already; Sess. 6. cap. 3. and the third Chapter of the sixth Session, which gives Prelate's power to visit, punish, and correct all exempted Clerks Secular or Regular so journing out of the Monastery, as Delegates for the See Apostolic. 10 And to show that this abuse of the Pope's doth still remain, we will give one instance as good as all. Every man knows how the Jesuits increase both in number of men, and Colleges, and revenues. It is a wonderful thing to hear what relations go of them, yea to see as much as we see of them at this present; that a little poverty should beget so much riches; that ten men in such a short time should have bred as many of them already as there are Savages in the Newfound Land. Now all these are exempt from the jurisdiction of all judges both Ecclesiastic and Secular; and a suit cannot be commenced against them but only before the Pope in person. If any man would plead with them, he must resolve to go to Rome. For hark what their new Bulls say which they got from Gregory the thirteenth in the year 1584. To be immediately subject to this See, and totally exempt from the jurisdiction of all Ordinaries and Delegates, and all other judges, as we also by virtue of these presents exempt them from them. That this is a new privilege may be collected from the Bull of julius the third, Petrus Ribadeneira lib. 3. de vita Ignatii cap. 21. of the year 1550, where after he hath reckoned up their privileges, he adds, We ordain and declare that all these things and every one of them shall remain firm and stable for ever, and shall be inviolably observed and kept: and that they shall be so judged, expounded, and decided by all judges and Commissaries, by what authority soever established: depriving all and every one of them of any power of judging and expounding them otherwise. So that others beside the Pope may be their judges, always provided that they judge according to the Bulls which are granted unto them, and observe them. CHAP. V. Of the Letters of grace, or Pardons for criminal matters. 1 HAving put the Pope above Counsels, Council of Trent gives the Pope power to pardon criminals. above the Emperor, above Princes, and above all Clergy men whatsoever: having given him the jurisdiction spiritual and temporal, and in a word the power of life and death over all creatures, as masters had anciently over their slaves, it was very good reason to leave his mercy to the liberty of his conscience, to grant life to such as he shall think good. Hence it is that these good Fathers leave it to his discretion to grant Letters of grace and pardon to whom he please: for there is no restriction. They give order indeed that criminals and offenders shall not cozen his Holiness, or at least that they reap no profit from their lying. For they command the Bishop that shall take the cognizance of them, or shall have passed the sentence of condemnation upon them, to take special knowledge of the subreption or obreption of the Pope's letters, and of the knavery that any shall use towards his Holiness, for fear lest they make not a good market for their offences, and abate something of those rights which the Pope receives of them for the pardon. He that purposely laid in wait for a man is more deeply taxed than he that killed another only by chance; and so of the rest. This is the meaning of that Decree. And to the intent that all may depend upon the Pope, and it may be further lawful for him to barter with the delinquent ●or the pardon of his offence, in case he will give a more reasonable price for it, the cognizance and judgement of this false information is given unto the Bishop only by commission from the Pope; to whom consequently it will be ever lawful to have recourse by way of Appeal or otherwise. We will here set down the Decree at large, that the truth of our exposition may be better known. 2 And for as much as it happens now and then that upon feigned causes, Sess. 13. cap. 5. In aliis Sess. 3● can. 4. & 5. which yet seem probable enough, some extort such pardon● whereby the punishments inflicted upon them are either totally remitted, or àbated: seeing it is intolerable that a lie, which displeaseth God so much, should not only be unpunished itself, but also procure pardon for another offence to the liar: therefore it determines and decrees as follows, That the Bishop residing upon his Church, may by himself, as Delegate for the See Apostolic, take the cognizance even summarily, of any subreption or obreption of pardon obtained by false petitions for the absolution from any public crime or offence which he had taken into his inquisition, or remission of the punishment whereunto the delinquent was by him condemned's and the said pardon not admit, after it shall appear that it was procured either by false information, or concealment of the truth. 3 Our ancient Canons never yet spoke of such Graces: Vid. titulos de poenitentiis & 〈…〉 lib. 5. Decretal. in extravagants Cap. super literis extra. de rescript. they talk indeed of pardoning of sins as Priests; but not of remission of crimes as Kings & Princes. And that which Innocent the third speaks of subreption o● obreption of the Pope's letters, holds only in civil matters. The gloss upon it, which expresseth diverse cases of subreption and obreption assigns none e●●e. The reference made by Gratian to the constitution of the Emperor's Theodo●●a● and Val●●tinian tends to another purpose; as namely to show that the Pope hath no intention to take away another man's right by his dispensations. The Pope hath not power to pardon criminals. It is a thing never heard of in France before this present that Popes should intermeddle with granting of pardons. The very faculties of the Legates sent heretofore into this kingdom make not any mention of it, but only of the remission of sins proceeding from crimes. And though there should be any such thing, yet they are still curbed in with this bridle, Le● rescrip. C. de precib● Imp. offer. Gratian. cause. 25. q. 1. in fin. To use it in such things as are not contrary, derogatory, nor prejudicial to the rights and prerogatives of the King and Kingdom, nor against the sacred Counsels, the laws of the Universities, the liberties of the Gallicane Church, and the Ordinances royal. Bellarm. Tom. 1 controvers. 2. lib. 4. cap. 24. 4 The Clergy of France do not hold their Ecclesiastical jurisdiction of the Pope, but of the King alone; howsoever the Jesuits teach the contrary. When they do not use it as they ought, when they connive at the punishment of crimes whereof they have the cognizance, the Courts of Parliament may interpose, by means of an Appeal as from abuse; especially considering it is it that grants them jurisdiction over spirituals. And if the question be of granting pardon to a Priest or other Ecclesiastic, Benedict. in cap. Raynutius in verb. et uxor nom Adilus. Papon tit. de grac. art. not only in a privileged case, but also upon a common crime by him committed; it belongs to the King only to grant it, not to the Pope nor the Bishop. And so it hath been always accustomed to be done in France, as our Practitioners both ancient and modern do assure us. Chap. 15. et 16. des libertez de l'Eglise Gallic. 5 We go yet further, which is, that the Pope cannot restore Clergy men to their former state, so as to free them from the infamy which they have incurred: nor lay men, unless it be to receive them into Orders, Offices, and Ecclesiastical acts, and not otherwise. As also, that within this Realm he cannot pardon or remit the honorary amends adjudged by a lay man, albeit the condemnation were passed by an Ecclesiastical judge, and that against a Clerk, as making such honorary condemnation a part of the civil satisfaction. These are two entire Chapters out of the Collection of the liberties of the Gallicane Church. CHAP. VI Of the Pope's Canons and Decrees. 1 THe Emperor Sigismond made a very remarkable demand to this Council, for as much as concerns the Pope's Constitutions and Decrees. It would not be amiss (saith he) that the multitude of humane Statutes and Decrees were lessened, and many superfluous ones cut off, and that the Prelates would conform their constitutions to the obligation of the law of God. Hear now the justice which these Fathers did him. The holy Council hath thought good to put secular Princes in mind of their duty: Conc. Trident. Sess. 25. cap. 20. trusting that they will not suffer their Officers or inferior Magistrates to violate the immunity of the Church and Ecclesiastical persons: but that they together with the Princes themselves, will yield due obedience to the sacred Constitutions of Popes and Counsels. Wherefore it decrees and commands that the sacred Canons, all General Counsels, together with other Apostolical Ordinances made in favour of Ecclesiastical persons and Ecclesiastical liberty, and against the violators thereof (all which it renews by this present Decree) be precisely observed by all men. Pope's decrees ar●●surp●tions. Many of them no● received bes●●r● the Trent Council. 2 See you here that which comprehendeth all the Canons, Decretals, Clementines, Extravagants, Bulls, Taxes, and all other Papal Constitutions and Ordinances of what kind soever they be; even such as concern temporal matters, as the most of them do, and which contain some notable usurpations upon Kings and Princes, their Realms and Dominions: for a man shall not find so much as one of them which is not in favour of the Church. We may justly say that here is a brave bargain for the Pope, and that ●e could not hope for a greater advantage from the resolutions of these Fathers. 3 We shall observe in the first place, that there are a very many Decretals which were never in use before this Council; witness Cardinal Cusan; We see (saith he) an infinite number of Apostolical Ordinances which were never received, not even then when they were made. Nicholas ●usan. 2. c. 11. Our France in particular hath rejected an infinite company of them; as namely all those which are prejudicial to the State, to the Edicts of our Sovereign Princes, and to the liberties of our Gallicane Church. We must now receive them: and not only those which are contained in Gratian'ss Decret, the Decretals of Gregory the ninth, Boniface the eight, the Clementines, and Extravagants, but besides all those that are contained in the book entitled Collectio diversarum Constitutionum, & literarum Romanorum Pontificum: in another, called, Epistol● decretales Summorum Pontificum in three volumes: in another, entitled, Eclogae Bullarum & motuum propriorum: in that which is called Summa Pontificum, and in the seventh book of Decretals newly composed: in the rules of Chancery which are changed and rechanged a thousand times: and in other such like collections which contain yet three times as many more constitutions as are extant in the Ordinary books. 4 To this demand of the Emperor, we must join the judgement which our Predecessors made of the Decrets and Decretals; to the end that the justice which our Trent Fathers used in this regard may be so much the more clear. Albericus de Rosate, one of the best of our Commentatours, who lived about three hundred years ago, unfolds their Cabal in this manner; Alberi●us de Rosate in l. Bene●a ●enone C. de quad●i●●. praescrip. The Precedents of the Court of Rome, by means of their cunning and acute prudence have altered their Statutes and Decrees according to the variety of the times; sometimes exalting their commands, otherwhiles abasing them from time to time. But to what end, save only insensibly to enslave and bring under their feet (as they use to make their brag openly) all things both celestial and terrestrial, spiritual and temporal? 5 Everard Bishop of Saltzburg said full as much in an Imperial Diet holden in Germany in the time of the Emperor Ludovicus Bavarus: Aventinus l● 7. an●al Bo●orum. The Pope (saith he) casts new projects in his breast, how to establish an Empire proper to himself. He changeth the laws, he sets up his own, he pollutes, he reaves, he robs, he cheats, yea he kills. Marsilius de Milan speaks of this in diverse passages of his Defensor Pacis. Marsilius in 2. part def. pa●. c 5. & 6. In the sixth Chapter after he hath quoted this place of Mark; You make the commandment of God of no effect through your traditions; he puts this gloss upon it; Thus they do which teach humane Decretals, which give the Bishop of Rome the power and lordship over temporal things, and those not Ecclesiastical only, but even Imperial and Royal, making a mock of the commandment of God. 6 In the twenty third Chapter he reckons up the pedigree and progress of Papal Decrees: Idem part. ●. cap 23. which will serve for a comment upon that which Albericus and Everard have delivered upon this subject; The Bishops of Rome (saith he) having arrogated these things unto themselves, and relying upon the privileges and grants of Princes, have consequently increased this title, then especially when the Empire was vacant. By what the grease Popes have usurped over Princes, by their Decrees. First, they made certain laws about the Ecclesiastical Order, and concerning Clerks, which they called Decrees. After this they persuaded lay men to certain Ordinances by way of entreaty and exhortations, as fasting, and abstaining from certain meats at certain times, to obtain the suffrage and mercy of God: to remove certain contagions and tempests of the air from among men; as appears by the legend of Saint Gregory, and some other Saints. Next, perceiving that the Laity received them willingly, and that they observed them by reason of their devotion, the custom being now grown ancient in such matters, they begun to alter those institutions which ran by way of entreaty, into commands; being so bold as even to strike the transgressors of them with the terror of an anathema, or verbal excommunication; yet always under colour of devotion and divine service: and this without licence from the humane lawgiver. The desire of domineering increasing yet more and more in them, and they perceiving withal that devout faithful people were frighted at such words, by reason of their dulness and ignorance of the law of God, which persuaded them they were bound to all that was commanded th●m by their priests, upon pain of eternal damnation, the Bishops of Rome, with the assembly of their Clergy, undertook to enact certain edicts, or oligarchical and factious ordinances, concerning civil affairs, whereby they pronounced and declared themselves, together with all those that receive their order or office of Clerkship, yea even pure lay men, exempt from all public charge: admitting even Secular married men to that office, who were easily alured thereunto, that they might enjoy those immunities from public charges: gaining unto themselves no small part of the people by that means, whom they freed from the power of Princes and Magistrates: labouring withal to draw yet a great many more from their obedience. By other edicts they denounced a curse or anathema against all such as do any personal injury, whatsoever to those which are admitted into the number of Clerks; defameing them publicly in Churches by excommunications, and presenting them nevertheless to get them punished by the punishments prescribed by humane laws. But the most horrible thing of all, and which is most execrable in the office of Priests, is, that the Bishops both of Rome, and others to enhanse their jurisdiction, and thereby their most dishonest gain, to the contempt of God and the open prejudice of Princes, do excommunicate and debar from the Sacraments of the Church as well Lay men as Clerks, which neglect to pay certain pecuniary debts, or indeed which are not able to do it, to the payment whereof within a set time they were civilly obliged. And not being yet content with these things, but aiming at the greatness of Secular Princes, (contrary to the commandment of Christ and his Apostles) they take licence to make laws distinct from those which concern the generality of the citizens; by declaring all the Clergy exempt from them, and bringing in a civil division, and a plurality of Sovereign principalities. For this is the root and original of this contagion of the Realm of Italy, from whence all scandals grow every day, and as long as it continues, discords will never be at an end. For the Bishop of Rome hath enjoyed this power a long time already, upon which he entered by a covert prevarication by little and little; and the boldness of one of them hath burst out so far, that he hath declared in his writings, that the Roman Emperor is bound to him by an oath of allegiance, as subject to him by a coactive jurisdiction: as may be gathered from the contemptible and ridicu●lous covert pretences in their narrations, which they call Decretals. He adds further, The Bishops of Rome with their Cardinals durst not call these factious Ordinances, laws; but they have Christened them by the name of Decretals: Pop's Decretals why called Canon law. Much of them supposititiotis. howbeit they mean by them to bind men over to punishment, and that considering the state of the present age, by a coactive power, just as humane lawgivers. Which at first they durst not express by the name of laws, fearing the opposition and correction of the lawgiver, considering that therein they incurred the crime of treason. Afterwards they called these their Ordinances, Canon law; to the intent that under colour of the name, though wickedly used, they might be more authentic; and further to beget in faithful people a credit and reverence, and obedience to them. He speaks yet more of them in the twenty first, and twenty fifth Chapters of his second part, and some other places, but we will content ourselves with this. 7 Gregory Haymbourg a Germane Lawyer, Gregorius Haymburg. in confut primate. Pap. 2. Confi. l. princip, who lived in the time of Pius the second, about an hundred and fifty years ago, hath a discourse in a certain book of his, which comes near to this of Marsilius; Their Decret (saith he) was publicly composed under Lotharius and Conrade, to which, howbeit there be much hay and straw of the Pope, mingled with the authorities of Saints, some notwithstanding give so much reverence, as it seems the Gospel were contained in it. And from thence carnal Popes have arrogated to themselves by virtue of this Decree (as an authenthentique book) not of the Gospel, a plenitude of power. Afterwards Innocent the third compiled the Decretals, for the better defending of their plenitude of power. And whatsoever they could wrest from factious and schismatical Kings and Emperors, that they have transcribed into the sixth book of the Decre●als, and into the Clementines, as rights bestowed upon them by Christ. 8 Our French men also have stoutly rejected these upstart Decrets, and and have contented themselves with the ancient; with those namely which were contained in an ancient collection, called Codex Canonum, not willing to admit of any other, old or new: the one as being supposi●itions, the other as too presumptuous. There was a great quarrel hereabouts betwixt the Bishops of France, and Pope Nicholas the first, in the time of Charles the Bald; inasmuch as Nicholas would have obtruded certain Decrees upon them for currant money which he said were ancient: which the other refused, because they were not comprehended in their Code. We are informed of this controversy, by one of the Epistles of the same Pope, writ to the Archbishops and Bishops of France, where he strains to refute their opinion concerning that point: Nicolaus 1. In epist ad Archiepise. 〈◊〉 episcopos Galliae. quoe extat To. 3. Biblioth. Patru●. Et in Can Si Romanorum dist. 19 Howbeit (saith he) some of you have writ that these Decretals of ancient Popes cannot be found enroled in all the body of the Code of Canons (notwithstanding that they use them without distinction when they make for their purpose,) and maintain that they ought not to be received now so to impair the power of the See Apostolic, and augment their own privileges. If they say then that the Decretal Epistles of the ancient Popes of Rome ought not to be admitted, because they are not inserted in the Code of Canon; neither should any edict or rescript of Saint Gregory be received; nor of any other either before or after him, because they cannot be found in the Code of Canons. All this was inserted into Gratian'ss Decret. Where it is to be observed, that all those goodly Decretals were forged since, which go under the names of Clement, Anaclet, Evaristus, Alexander, Telesphor●s, and an infinite number beside, which all men of judgement pronounce false upon the bare reading: and yet notwithstanding our Council gives the same authority to them which it does to the holy Scriptures. 9 Now one of the main arguments of this forgery is, Vid Can. de libellis dist. 2●. that in this Code were contained only the Decrees of Sylvester, Syricius, Innocent, Zo●imus, Celestine, Leo, Gelasius, Hilary, Symmachus, Hormisdas, Simplicius, and Gregory the younger. And that Pope Leo the fourth, one of Pope Nicholas his predecessors, writ to the Bishops of Britain; That these were the Canons which were received in Ecclesiastical judgements: The injustice and multitude of Pope's Decrees, Decrees, etc. meaning those which are contained in this Code, as it is said in Gratian'ss Decrets. Which Gregory the thirteenth in his late purgation expounds thus, He means (saith he) the Canons and rules contained in the Corpus or Codex Canonum, which the Bishops of Rome were wont especially to use in judgements. And this very Code was sent by Pope Adrian the first, to the Emperor Charles the Great; as is gathered out of certain verses which we read at the beginning of it. 10 The Nobility of France finding themselves grieved with these Decrees of Rome, complain very bitterly of them about the year ●247, under the reign of Saint Lewes, setting forth a certain writing thereupon, which went even into foreign Nations, and was inserted at large in the history of England: See here a piece of it; Matth Paris. in Henrico 3. p. 798. Et Matth. Westmonast. ●n in 2. part. sub ann. 1247. p. 217. They do so annul the Secular jurisdiction by their laws, that the children of servants are made judges of free men and their children; howbeit according to the ancient and Secular laws, they ought rather to be judged by us: and they should not derogate from the customs of their predecessors, by their upstart constitutions; so as they make us in a worse state than God made the Gentiles, when he said, Give unto Cesar the things which are Caesar's, and to God the things which are Gods. 11 In the time of Charles the fifth, there was a book made in France, called, The Vergers dream, first made in Latin, then translated into French by his command. In the seventh and eighth Chapters whereof the Clergy man and the Knight confer together on this wise; I call (saith the Clerk) and account the Decrees and Decretals of the holy fathers of Rome to be good law, which bind and oblige every true Christian, as a subject and son of holy Church our mother. To whom the Knight replies, If the terms of Rome be Decrees, or Decretals, Ordinances, or Constitutions touching the temporal affairs of Kings, Princes, or other Secular Lords, you Clerks among yourselves shall call and account them law, if you please. But the truth is, no man can establish nor ordain any thing where he hath no power nor authority. So as the King of France hath no power to make a law or ordinance to bind and tie the Empire: so neither can the laws of the Emperor bind the King of France nor his subjects. And a little after, I hold it therefore a frivolous thing, and very ridiculous, that the holy Father should make any Decree, Decretal, or Constitution about temporal matters. And yet the greatest part of them were made about things of that nature. 12 The Cardinal of Cambray in his book of the reformation of the Church, demandeth also that these Decretals be corrected. Cordinalis de Alliaco in tracts de reformat. Eccles cons●d. 2. p. 205. For the third grievance (saith he, speaking of the Pope) which he imposeth upon other men by the heavy multitude of his Statutes, and Canons, and Decretals, those mainly which seem to bind over to grievous punishments, and especially to mortal sins, should be taken order with. Nicol. de Clem. in l. deruina & reparat. Eccles. 13 Nicholas de Clemangiis hath spoke yet more freely of this point: So many new rules and Constitutions (saith he) set out by every Pope, the observance whereof is enjoined contrary to the ancient laws and ordinances of our forefathers; what are they else but captious snares, and seeds of law suits, very fertile, of which those wrangling practitioners of the Court of Rome do serve themselves, those sophistical curruptours of law, to raise an infinite number of suits against right and truth, with a thousand arts of doing harm? Du Tillet en l' advis sur les libertez de l' eglis● Gallicane p. 5. 14 Philip the Fair was advised by the Princes and French Barons, Not to suffer the Pope to make any Ordinances about things belonging to his Kingdom, without the counsel of him and his, nor any new and unwonted thing to be brought in thither: So saith Mr. john du Tullet in his advice concerning the liberties of the Gallicane Church. The ignorance, e●●o●s, ●nd injustly of Pope's Decrees, etc. And it is the very counsel which Eudeas' Duke of Burgundy gave him, which is yet to be seen among the treasury of Charters. 15 That which Mr. Francis Duarenus, one of our most learned Lawyers said concerning this subject, in the Preface of his book De sacris Ecclesiae ministeriis, Catalogus testium v●r●t. 1. p. 49● printed 1551, might have moved the fathers of this Council to a reformation, Many (saith he) are of this opinion, that the Canon law is nothing but a confused and disorderly mass of decrees and constitutions set out by some halfe-learned Popes, rather for their own gain than for any commodity that redounds upon the Commonwealth of Christendom from thence; the knowledge whereof seems neither commendable nor necessary. And there does not want some that plainly profess that this law is all full of errors; of which number Cynus Pistoriensis, a Lawyer of great repute was one. And having spoken of Gratian'ss Decret, which he saith contains some good things, and some errors withall● The other volumes (saith he) is the Decretals containing the epistles of divers Popes of Rome, called Decretals. In which volume of Decretals we find many things which degenerate much from that ancient discipline delivered in Gratian'ss Decret; and thence rose that common proverb amongst them, That it was never a good world since the Decret took wing and flew away. And presently after, The other book is Boniface the eight's; which, as we understand was never received in France, because that diverse constitutions therein contained were made in hatred and despite of King Philip the Fair, and devised for the commodity of the Court of Rome. He adds yet further, We are enforced to confess, betid us well, betid us woe, that the manners of the Clergy of Rome are so degenerate by little and little, that the later constitutions of Popes fall short of the former: and it seems a man may rightly say of them as Homer writ; Very few children are like their fathers in virtue, many worse, scarce any to be found better. Wherefore as it is necessary to reduce the manners of Clergy men to their ancient religion; so it would be expedient peradventure to take all that is most true, most pure, and most profitable, in so many diverse Papal constitutions, and reduce them into one short volume. And we are not out of hopes that this may one day be brought to pass: even during the life of julius the third of present being, who hath the bruit and report (I wish it be not vain) of one that seriously thinks upon repairing the ruins of the Church, and restoring the ancient Canons. The event hath proved that this bruit was vain; for neither julius nor any of his Successors ever put his hand to this reformation: unless a man would ascribe that to Gregory the thirteenth, who hath caused many things to be altered and razed out of those books which were disadvantageous to the Pope, and favourable to France, and all those whose rights are usurped by the Pope. 16 We will add for conclusion that which Mr. Philibert Bugnon, Bugnon livr● 1. chap. 4. in his tract Of abrogated Laws, saith upon this subject: Thus the Decretals were brought in, received and admitted by all Christendom; before which the Court of Rome never received those bafling disputes which increase from day to day. Therefore Mr. Francis Rabelais said not without cause in his merry Pantagruell by way of a common proverb: Since the Decree away did fly And soldiers knapsacks wore. Since Monks would need on horseback ride, The world's worse than before. 17 After all these authorities and testimonies we will observe that right as the Emperor justinian gave the force of a law to the Resolutions of our lawyers, Pope's Decrees usuage ●ver civil l●wes. The worst Popes authors of the Decrets. etc. so our Popes now adays give the very same force to the constitutions of the Emperors, which are thought weak and feeble if they be not canonised in their Decrees, or confirmed by them. See what we are come to. They do yet more: for like that Roman Emperor who caused the heads to be struck off of the statues of jupiter that he might substitute his own in the place, so they have ascribed to diverse Popes many imperial laws out of the Code of Theodosius, the Books of justinian, and the very capitulary of Charles the Great. But see here that which is utterly intolerable, which is that they make void civil laws of Emperors and Kings by their Decretals, they add unto them, and diminish them, they derogate from, yea they quite abrogate them. 18 a Alphonsus de Castro in exord. dist. 20. Hostiensis. joannes Andr●as. Cardinalis Florentinus in can. ult. Extra. de precar. Albericus in Lexico. in verbo Gratian. Felin. in. c. 2. the rescript. Petrus de Ferrariis in tit. forma inquisit. super verb● hae● est quaed. Boerius decis. 109. & alii ci●tati à Tiraquel lafoy in tract. de nobilit, cap. 31. num. ●3. Francis. Duarenus in prol● lib. de minist. Eccles. We let alone an infinite many errors and falsities which have been observed by diverse learned men either Divines or Lawyers, which nevertheless were confirmed by this Council, contenting ourselves with producing the testimony of b Stanislaus Hosius lib. 2. de legitim. judic. Stanislaus Hosius, one of the Precedents of our Council, who saith that Gratian relates a fable in his Decree. We do not see (saith he) whence it comes to pass that Gratian hath set out this fable, but he that shall read his works attentively will find that he hath pumped more from the rivers and other compilers than from the fountains. Nor will we urge that which c Vid. Tiraquellem in tract. de nobilit. cap 31. num. 537. Platina in Greg. 9 Blondus & Platina. some have recorded, that how ever the Popes have all law within the cabinet of their own bosom, nevertheless they have forgot it sometimes, not remembering themselves of some other Constitutions which were formerly made. Which is a pretty modest Apology. We shall say only for conclusion, that the authors of these Decrees and Decretals were the most vicious and ambitious Popes of all. 19 Alexander the third, who authorised Gratian'ss Decree, and gave it the force of a Papal law, was unjustly elected, accounted for an Antipope, and declared such by a very famous Council lawfully called. He excommunicated Frederick the first very unjustly, and carried himself so insolently towards him, that he made him walk bare foot in his chamber, and putting his foot upon his neck spoke these words, Super Aspidem & Basiliscum, etc. Thou shalt go upon the Lion and the Adder. To absolve King Henry the second of England from that ill usage which he had shown to Thomas Archbishop of Canterbury, he ordained that Appeals should be allowed to issue out of his kingdom to Rome. Gregory the ninth, the compiler of the Decretals, took upon him to excommunicate Frederick the second very unjustly: promised life eternal to such as would make war upon him: at last sold him his peace and pardon for an inestimable sum of gold. As for Boniface the eight, the author of the sixth book of the Decretals, who excommunicated Philip the Fair, and called himself Lord of all the world, who wore both the swords, and reigned with incredible insolence, he is so well known that he needs not my commendations. Cap. Roman de jurejur. in Clementin. Clement the fifth, the author of those Decretals that bear his name, declares that the Emperor takes an oath of allegiance to the Pope: that he is not Emperor till after he have received his consecration and the Crown from his hand. This Pope caused his Clementines to be published at Montelimar, where he than was, Martinus Polonus lib 4. in Clement 5. sub ann. 1513. and had resolved to entitle them the seventh book of Decretals, but he dying in the interim at Rochemaure, they hung in suspense till such time as john the twenty second his successor sent them over the Universities. Mutius German. Chron. lib. 24. Et Albertus Argentinensis in Chron. This is that john that excommunicated Ludovicus Bavarus because he had taken upon him the name and title of Emperor before he was crowned by him: who being sued unto for peace and amity by that Emperor, would not hearken to it, till he should first divest himself of the Empire and come to him in the quality of a private man: whose sentence was pronounced a nullity by the States of Germany. I do not speak of the warre● which were raised by their ambition, to the great destruction and calamity of Christians: nor of many other vices that abounded in them. Trent Council unjustly gives the Pope power over all books. It sufficeth me to touch upon some few of the most eminent of them. See here our goodly lawgivers! Let us from henceforth in stead of Oracles receive those fumes and vanities which they present us with in their books. Nau. ler. tom. 2. Generate. 44. CHAP. VII. Of the censure of Books. 1 HAving approved and confirmed the Pope's Decrees and Decretals, it was necessary they should condemn those many books that are in the world which teach a quite contrary doctrine. For they are as so many witnesses of the so many errors and falsities as are in them, and of the folly of those which approved them. Our Fathers of Trent thought they could not by this charge upon any that would better quit himself of it than his Holiness himself, considering it so nearly concerns his copyhold. This is the reason they decree in this manner. Concil. Trid. Sess. 23. sub fin. The holy Council in the second Session holden under our holy Father Pius the fourth, made a committee to certain select Fathers that they should consider what was requisite to be done concerning diverse censures and suspected or pernicious books, and that they should make report thereof to the holy Council; hearing now that they have finished th●s work, and seeing that by reason of the multitude and variety of books it cannot be distinctly examined by the holy Synod; it therefore commands that whatsoever hath been done by them in this particular be presented to the most holy Pope of Rome, to be concluded and set out by his judgement and authority. 2 This Canon must be rightly understood with all its ampliations, whereof the first is, That power is not only given to the Pope to determine and publish what had been already done, but also to do the like for ever after with all books wherein should be found any thing that may be offensive to him. The words of the Decree seem repugnant to this in some kind, when they speak of that which hath been done already; but our Doctors say that Beneficia non sunt restringenda. Next, it belongs to the Popes to put expositions upon the Canons and Decrees of this Council; for that power is given unto them in express terms, at the end of the last Session. Now the Popes have understood it so, and those which came after have not omitted to do their endeavour in this kind, so that a man would wrong them to accuse them of negligence. The last impression of their Index expurgatorius set forth at Paris by Laurence Sonnius the year 1599 will always serve them for a just defence, which carries this inscription: The Index of books prohibited, with the rules made by the Father's select by the Council of Trent, first published by the authority of Pius the fourth, afterwards augmented by Sixtus the fifth, and now lastly revised and set forth by the command of our holy Father Clement the eight. Revised (that no scruple be left) signifies as much as augmented, afterwards. Which is necessary: for those many wicked books must be excommunicated which say worse than hang'em to our later Popes, the Authors of our wars, and almost to all the rest, yea (which is more grievous) to the Popedom it self which they have laboured to overthrow. Books condemned writ in defence of secular Prince's tights. Wherein Catholics have been as busy as any others, if not more; to the great scandal of the Church. The second ampliation is, That power is given unto him to condemn all those books as heretical which were made in defence of the laws, power, and authority of Emperors, Kings, and Princes; and that so far forth as they cannot be spoken of but as vassals and feudetaries to Rome, and to bestow any other title, quality, or prerogative upon them, is to speak blasphemy against the holy Sec. 3 For this reason it was necessary to condemn the Epistles of the Emperor Frederick the second for heresy, which were collected into one volume by Peter de Vinei● his Chancellor, which contain a defence to the Imperial Laws against the Pope's usurpations. The works of William Occam a Franciscan, and Marsilius of Milan a Divine, who defend the same rights in behalf of the Emperor Lewes the fourth. The book of Antonius de Rosellis of the power and authority of the Pope, made upon the same occasion in behalf of the Emperor Frederick the third, and in defence of his rights, being dedicated unto him for that purpose. The treatise of Zabarell Cardinal of Florence, entitled, Of schisms which should be taken away by the Emperor's authority, made a little after the first Council of Pisa; where he speaks of the Imperial power in the Church somewhat too freely, to the prejudice of our Popes. The Monarchy of Dantes, where he treats that the Emperor depends not upon the Pope, but holds his Empire from God. The V●rgers dream (and another book entitled A dispute betwixt the Clerk and the Soldier, which is an abridgement of the former) containing a defence of the Laws Royal of the Kings of France against the Pope's usurpations, dedicated unto Charles the fifth, and translated into French by his command. Peter de Ferrariis the Practitioner, who is put in two places for fear of missing him; in the one he is condemned outright, in the other they have done him this favour to spare his life, upon condition that he be gelded, which was afterwards put in execution to the purpose. They have not spared even Pope Pius the second himself, not content with that declaration which he set forth in his Bull, declaring all that to be heretical which he had written against the Pope's authority when he was called AEneas Silvius, and by consequent the book which he entitled De origine & authoritate Imperatoris Romani, where he speaks of Imperial laws in other terms than the Popes do, to the prejudice of their Decretals. Our Lawyer Baldwin, for all he was an enemy to the Huguenots, yet could not escape the fury of Rome, but was condemned as a Heretic for a book which he made, Of the Ecclesiastical and Civil Laws of the Emperor Constantine. And because he gives the Emperors too much power over Ecclesiastical discipline; whereas by the doctrine of our Popes they are no more but mere executioners of their Decrees and Constitutions, having no power to intermeddle further. 4 All other books which have treated of the Imperial or Royal power, whether for temporal matters, exempting them from the power or jurisdiction of Popes, or for spiritual and ecclesiastical discipline, have undergone the like condemnation, and amongst others that which bears this title, What manner of power it is that belongs to Kings. The history of Francis Guicciardine where he speaks of the usurpation of Popes, and the progress of them. The lives of the Emperors set out by john Cuspinian, where he speaks of the same things. The historians of Germany, printed by Wechelius the year 1584., because they relate in their histories the unjust proceedings of the Popes against the Emperors, and afford some testimonies for the rights of the Empire. The Flowers of Histories, with the Author of them Matthew Westminster, an English Monk, who lived about the year 1375, because he hath oft time spoken his opinion concerning such usurpations and unjust dealings. What books prohibited by Papists, & why. The Commentaries of Claudius Espenseus, a Sorbon doctor upon the Epistle to Titus, because he speaks too favourably in behalf of Kings, and gives them too great authority in the Church, as also because he speaks a little too freely against our Council, and the beastliness of Rome. That great work of Marguarinus de la Bigne a Sorbon Doctor, entitled, Bibliotheca Sanctorum patrum, because the Pragmatique of Saint Lewes concerning the rights and liberties of the Gallican Church is there found, and other writings and tracts which shows the power of our Kings, as the History of Gregory Archbishop of Tours, Ado Archbishop of Vienna, Sigebert Abbot of Gemelard, who speaks also of the Imperial authority. That goodly remonstrance of the Court of Parliament of Paris, exhibited to King Lewes, wherein is represented the power and authority of our Kings in the Church, the opposition which they have made against those Popes which would have invaded our liberties; which they have put also in two places, that so an iterated act may be of more force; and many more which a man may take notice of at leisure. 5 The third ampliation is, That they have power to abolish and condemn all those books and writings which have been published at diverse times in defence of Counsels, and of the authority of the Church against the usurpations of Popes. And upon this consideration it is that the book of Zabarel Cardinal of Florence, concerning schism, was condemned, together with some others whereof we have spoken already. The counsel of the Abbot of Panormo made in defence of the Council of Basil: The book of AEneas Silvius, of the same Council of Basil; which troubles them infinitely. And it is very credible the author would never have thought of doing of it, if he had believed that ever he should have been Pope. The Acts of the second Council of Pisa, which they call a Conventicle, which tends to the disgrace of us Frenchmen, of whom it did mainly consist. The book of Duarenus, entitled. De sacris Ecclesi● ministeriis; because he limits the Pope's power, and many other Authors. 6 The fourth ampliation is, That it is lawful for them to enrol amongst these the writings of all such as have recorded the vices and abuses of the Pope's Court of Rome, to demand a reformation thereof: Or who have spoke of them by way of complaint, or otherwise: as Theodoric of Nihem, one of their Officers, who hath told us strange stories of the lives of Popes during their schism. Cardinal Benno, who hath told us wonders of Gregory the seventh, who was called Hildebrand, and some other Popes that lived before him. Nicholas de Clemangiis a divine of Paris, who speaks very freely, after the French fashion, of the abuses of the Court of Rome. The hundred grievances of the Germane Nation, put up in the Dict of Noremberg in the year 1522, by the Catholic Princes, and other States there assembled, to be presented to the future Council, which was afterwards called at Trent: (See what justice was done to them in this case.) As also all the tracts put together in a book, entitled, Fasciculus rerum expetendarum & fugiendarum, which concern especially this reformation; and others in great abundance. 7 Many ampliations yet more might be made, but we will content ourselves with these. This were too much if our Popes could be content with it. It is to be feared that they will not tho, and that they will increase their roll from year to year. We shall see them shortly take upon them to abolish the laws, edicts, constitutions and ordinances ancient and Modern of Emperors and Kings. To wit, all those that speak of Ecclesiastical discipline; of the authority of Princes in the Church; in justice; in election, and nomination to Bishopriques; of their rights and privileges, and the liberties of their Kingdoms and Empires. It is their meaning that no man shall make any question of it, but they durst not as yet leap beyond their limits, for fear lest the heaviness of their load should make men kick. They come to it by degrees, as they have always done. And to make their design appear as clear as the day, we need but represent two of their pieces, to wit, the Bull De coena domini, Bull de coena Domini how injurious to lay Magistrates, which they continually renew. Look the sixteenth Article of that which Gregory the thirteenth sent into France in the year 1575. and Gregory the fourteenth during our last troubles. Vid. Collectionem diversarii Constitution. Romanorum Pontificum, insine. Et eclogam Bullarum & motuum propriorum. pag. 316. We excommunicate and anathematise all and every one, the Magistrates, Counselors, Precedents, Auditors, and other judges by what name soever they be called, the Chancelours, Vicechancelours. Notaries, Registers, and Executours, their servants and others which have any thing to do, in what sort or manner soever, with capital or criminal causes against Ecclesiastical persons, in banishing or arresting them, passing or pronouncing sentence against them, and putting them in execution, even under pretence of any privileges granted by the See Apostolic, upon what causes, and in whattenor and form soever, to Kings, Dukes, Princes● Republics, Monarchies, Cities, and other Potentates, by what name and title soever they be called, which we will not have to be useful for them in any thing, repealing them all from henceforth, and declaring them to be nullities. See here all the judges Royal both superior and inferior, utterly despoiled of the cognizance of criminal causes! 8 The twelfth Article speaks on this sort; We excommunicate all and every the Chancelours, Vicechancelours, Counselors, ordinari● and extraordinary, of all Kings and Princes, the Precedents of Chanceries, Counsels, and Parliaments, as also the Attorneys general of them and other Secular Princes though they be in dignity Imperial, Royal, Du●all, or any other by what name soever it be called: and other judges as well ordinary as by delegation: as also the Archbishops, Bishops, Abbats, Commendatories, Vicars and Officials, who by themselves, or by any other, under pretence of Exemptions, letters of grace, or other Apostolical letters, do summon before them our Auditors, Commissaries, and other Ecclesiastical judges, with the causes concerning benefices, tithes and other spiritual matters, or such as are annexed to them; and hinder the course of them by any lay authority, and interpose themselves to take cognizance of them in the quality of judges. 9 This is not all; for in the following Article he goes yet further, striking a heavy blow at the Ordinances of our Kings. Those also which under pretence of their Office, or at the instance of any man whatsoever, draw before them to their bench, Audience, Chancery, Counsel or Parliament, Ecclesiastical persons, Chapters, Covents, and Colleges of all Churches, or cause them to be brought in question before them, or procure them directly or indirectly, under what colour soever, beyond the appointment of the Canon law. Those also which ordain and set forth Statutes, Ordinances, Constitutions, Pragmatiques, or other Decrees whatsoever, in general or in special, for any cause or colour whatsoever, even under pretence of Apostolical letters, not now in practice, or repe●●ed, or of any custom, or privilege, or any other manner whatsoever: or that make use of them when they are made and ordained, when by them the Ecclesiastical liberty is abolished, impaired, depressed, or restrained in any manner whatsoever; or who do any prejudice to our laws, and those of our See, directly or indirectly, implicitly, or explicitly. 10 See yet another which follows after this. Those likewise which do any way hinder the Archbishops, Bishops, and other Prelates superior and inferior, and all other ordinary Ecclesiastical judges, in the exercise of their Ecclesiastical jurisdiction against any person; according as the Canons, the sacred Constitutions of the Church, the Decretals of general Counsels, and principally that of Trent do ordain. Pope's ball injurious to the G●lli●ane libe●ti●s. There is further in the same Bull some excommunications against those which a Cap. 2. ejusd. Bullae. appeal from the Pope's sentence, to General Counsels: Against b Cap. 11 ejusd. Bullae. those that hinder Clergy or Lay men from going to plead at Rome, which is a remarkable thing: Against Kings and Princes which make the fruits of Ecclesiastical livings be sequestered upon any occasion whatsoever, which concerns the right of the Crown: Against those which impose any tenths, subsidies, or other taxes. 11 All this is levelled against the rights of the King, and the liberties of the Gallican Church. I ask now, seeing our Popes take upon them to excommunicate our Kings, which make ordinances concerning such matters, their Officers and Magistrates, and all others which practise them, whether they will make any conscience of putting forthwith such laws and ordinances into their Index expurgatorius? Let a man go about to put all the distinctions which he can devise to save our liberties, upon this Council; will not it be lawful for the Pope, when he shall please to derogate from them, to come in with a non obstante? Doth not he in the forementioned Bull repeal all the privileges granted by the See Apostolic? His successors shall not they have the same power that he hath? 12 The other piece which we promise●, shall be taken out of the privy Counsel which was holden at Rome almost at the same time, when the former Bull was sent, which was found in the Advocate David's trunk, where it is said; That the successors of Hugh Capet, to undo the Church, brought in that damnable error, which the French men call the Liberties of the Gallican Church; which is nothing else but a refuge for the Waldenses, Albigenses, poor of Lions, Lutherans, and Calvinists at this present. And in another Article it is said; That all Edicts made within the Kingdom, of what standing soever, if they be repugnant to Counsels, shall be cass, repealed, and disannulled. As much as to say, all the Edicts concerning the rights of our Kings, the good of the Kingdom, and the liberties of the Gallican Church: which are all abolished and brought to nothing by the Council of Trent. A REVIEW OF THE COUNCIL OF TRENT. BOOK VII. CHAP. I. That the Council of Trent tends to the depression and abasing of the authority of Christian Princes. 1 THis redoubted greatness, This Council wherein derogatory to Prince's. to which the Pope is exalted by this Council, doth diminish as much not only the power of Counsels and Clergymen, but also that of Christian Princes. These are their spoils, their Sceptres, their Crowns, their justice, their sovereign authority, their honours and preeminences: all this is violently pulled from them and transferred upon another lord. In the first place they are deprived outright of that power which they have over Ecclesiastical things and persons, due unto them both by divine and humane law. The calling of Counsels is taken from them; the presidence in them; the approbation and authorising of the determinations made in them; the nomination, election, or investiture to the Bishopriques within their Empires and Dominions, justice civil and criminal upon the goods and persons, and discipline Ecclesiastical, and many other such like things. It tacitly approves, yea in many things expressly, the unmeasured power and dominion which the Popes have usurped upon Kingdoms and Empires, upon the election and deposition of Kings and Princes, and upon all that belongs unto their state. Prince's grievances against the Council of Trents decrees. It disannuls their laws and ordinances, and on the contrary establisheth those of the Popes, and condemns all those that have defended their rights. All this is handled in the former books, and it would be impertinent to use repetitions. And therefore we send the reader back thither. We will here add that which remains to be spoke of that subject. Concil. Trid. cap. 15. Sess. 7. 2 They are further grieved inasmuch as the Council takes upon it more than belongs unto it in point of law concerning temporal matters, which is above their jurisdiction; for it disposeth of the administration of Hospitals and their revenues: Sess. 21. c. 4. It ordains concerning the making up of their accounts: It compels the people to allow maintenance to their Priests: Sess. 24. c. 13. Gives power to the Bishops and Ecclesiastical Ordinaries as Delegates for the Pope, Sess. 22. c. 8.9. to be the executioners, in cases commanded by law, of all donations to pious uses, as well by last will and testament, as amongst the living: to visit Hospitals, Colleges, and Schooles● to take the accounts of lay men for matter of buildings, Hospitals, alms, all customs and privileges whatsoever to the contrary notwithstanding: To examine Notaries elected by the authority Royal and Imperial, Sess. 22. c. 10. as Delegates for the See Apostolic; and if they find them insufficient or p●ccant in any thing concerning their office, to suspend them for a time, or deprive them for ever. Sess. 22. c. 11. It deprives the lay patron of his right of patronage in certain cases: Sess. 24 can. 19 Gives the entire cognizance of causes Matrimonial to the Church: Imposeth a punishment upon ravishers of women whether lay men or Clergy, Sess. 24. cap. 7. declaring them to be incapable of any dignity; and condemns them to give a dowry unto those that they have ravished: Sess. 24. c. 8. It gives power to the Ecclesiastical judges to proceed rigorously against lay men that keep concubines according to the quality of their crime, in case they make no reckoning of Ecclesiastical censures. And grievously to punish those women which live openly with their adulterers and concubinaries, according to the heinousness of their crime, though no man required them to it: and that they be corrected out of the town or diocese of Ecclesiastical Ordinaries, calling in to their assistance the secular arm, if need be: Sess. 25. c. 9 It prescribes a form, and that a very new one, to prove rights of patronage: Sess. 25. c. 5. It useth commands to the secular judges, which they should not receive but from their Sovereign Princes. 3 But one of their greatest usurpations in that regard is that which was made concerning duels. Sess. 25. c. 19 First, in the very prohibition of them, forasmuch as seeing they were allowed by humane laws, they should have been prohibited & forbidden by them too; that so Clergy men entrench not upon lay men, but every one contain himself within his own bounds. Secondly, in the confiscation of Cities and other places, belonging to the Emperor, Kings, Princes, or any other persons where such duels shall be fought with their leave. Thirdly, in the forfeiture of all the goods, as well of those that fight, as of their seconds. To make it appear that those are notorious usurpations, we will set down this Maxim, That a Council or the Church hath no coactive jurisdiction over Kings and Princes. And likewise this other. That a Council hath no power in temporal matters. For the first, we affirm that a Council hath no power save only over that which concerns the spiritual, that is, over such things as quicken the Spirit, or have been given by the Holy Ghost; as namely the word of God, and the mystery of the kingdom of heaven: as saith the gloss of Saint Ambrose upon that place of the Apostle to the Corinthians, Epist. 1 ad Corinth. c. 9 v. 11. If we have sown unto you spiritual things, is it a great thing if we shall reap your carnal things? The reasons hereof are set down in holy Scripture: john 1. 8. That the kingdom of jesus Christ, whose imitators the Clergy men are, is not of this world: john 6. That he conveyed himself away when he knew they would have made him king: That when he was desired to be judge concerning the division of an inheritance, he said, he was not made judge nor dividour betwixt them: Th● Cl●●gy proved to be under th● jurisdict●ō●f 〈◊〉 That he commanded to give to Cesar the things which are Caesar's: That himself would pay custom money, and cause Saint Peter to pay it likewise: That he submitted himself to the jurisdiction of Pilate, L●ke 12 M●tth 2●. M●tth. 17. I●hn 19 L●ke●2 ●2. 2 Ad Timoth. Rom. 13. who was judge in judea in stead of the Emperor, and declared that the power of judging him was given unto him from above: That he said to his Apostles, That King's exercise Lordship over them, and they that exercise an authority upon them are called Benefactors; but ye shall not be so. The Apostles have said that Clergy men ought not to intermeddle with the affairs of this world; have commanded that every creature without exception should obey Princes and secular powers, and honour the Magistrate as ordained by God. Saint Paul appealed to Cesar, ●ct. 25. and acknowledged him for his judge. Saint Ambrose expounding that passage of the Apostle to Titus, Ambros. vid. Mar●il. pag. 15● he admonisheth them to be subject to Princes and Magistrates; that is (saith he) Although thou have the spiritual Empire to command in that which is spiritual, yet notwithstanding he adviseth them to be subject to Kings, Princes, heads, and their Magistrates, because the Christian religion deprives no man of his right. 4 Saint Austin in his commentary upon the same place shows how the Church doth not attempt any thing upon the laws of secular Princes: Gloss. secund. August, Marsi●. pag. 150. For fear (saith he) lest the name of God be blasphemed, as invading that which belongs unto another, and lest it should be thought that the doctrine of Christianity, as injust, did preach any thing against the civil laws. Saint Chrysostome saith, Ch●ysost. lib. ●. dialog. cap. 3. That in the Church we should betake ourselves to well doing freely and willingly, not by constraint. Because (as he adds) the laws have not given us any such power as that we should punish men's offences by authority ●f a judicial sentence. Saint Bernard speaking to Pope Eugenius the fourth; Which power and dignity seems greater to you, that of remitting sins, or dividing inh●●itance? low and terrestrial matters have Kings and Princes of the earth for their judges. Why do you encroach upon another man's bounds? 5 Claudius Espenseus a Sorbon Doctor proves by many good authorities that Clergy men are subject to secular Princes, and owe all honour unto them as to their Lords. We will here set down a piece of it. Claudius' Esp●●seus Theologus ●arisiens. in comment. in ●pis●. ad ●●●um cap 3 digs 10 The Apostle (saith he) conforming himself to the pattern and answer of our Saviour, instructeth believers to be subject to the powers and privileges of this world. Thomas Aquinas hath observed that such admonitions were necessary at that time; first to remove the error of the jews, who believed that they ought not to obey the commandments of men: In the second place that they might not make any disturbance in the Church. Which some troublesome fellows not observing, it is a wonder to see the hubbub● which they have raised on both sides, by the controversy which they have moved betwixt the Kingdom and the Priesthood. There went many hundred years after Saint Paul before this filthy Camarina; Chrysostome never suspecting that any such thing would come to pass, did simply expound those words [Every soul] Though (saith he) thou be an Apostle, an Evangelist, a Prophet, a Priest, or a Monk. And his interpretation was followed by Theodoret, Theophylact, Oecumenius, and other Greek Authors. Gregory the first, ca●●ed the Great, did freely confess that God had granted the Emperor the rule not only over the men of war, but also over Clergy men. And Bernard, who lived a long time after them, in his Epistle written to Henry Archbishop of Sens, makes this inference. [Every soul] and yours too. Who hath excepted you out of this generality? If any man go about to except you, he goes about to deceive you. Believe not such counsels, etc. 6 See here a great many testimonies all together which might happily have made a greater show, if every man's had been brought in by itself: But my purpose being to apply all this to the present malady, I thought it more convenient to make all these witnesses be produced by a party not suspected, and one who very well understood them. jurisdiction over Clerks various by the Imperial law. Conclude we from all these authorities, that the coactive jurisdiction and temporal power does not belong to ecclesiastics, but rather that it is a right Imperial and Royal. But we must expound this last point a little more plainly: Princes alone having this power and Secular jurisdiction, and all that depends upon it; sometimes they have used it themselves, sometimes they have granted the exercise thereof to their Officers and Magistrates, or even unto their Clergy men; yet without utterly divesting themselves of it; without making a pure session from it, and absolute transport: they always reserved unto themselves the Sovereignty as Masters and Lords of it: the power of transferring the exercise of that jurisdiction from one to another, either in part or in whole: to deprive whom they thought good, without doing them any wrong: to augment it in the person of their Officers, and abate it in their Ecclesiastiques; just as they have conferred part of it upon the latter to the prejudice of the former. 7 We have elsewhere treated of the judgements passed by Emperors and Princes, and also of the criminal causes of Ecclesiastical persons. Here we will speak only of the cognizance of civil causes. The Clergy were anciently under the jurisdiction of Secular judges; in which there were afterwards many alterations. L. 2. C. de episc. audient. The Emperors Valentinian and Valens, in a certain constitution directed to one of their Magistrates ordain, that Clerks be assessed to great damages for their frivolous appeals. Valens, Gratian, and Valentinian give the jurisdiction of the civil causes of Clerks and their offences, L. qui mos. C. Theod. de episc. Eccles. et Cler. civilly prosecuted to the Synods of the Diocese, reserving criminal causes to their Magistrates. Theodosius and Valentinian reserve Clerks to the audience of their Bishops. L ult. C. Theod. eod. L ult. C. Theod. de episc judic. L. cum Clerici●. C. de episc. & Cler. L. decernimus C. de episc. audi. L. Omnes C. de episc. audient. L. jubemus. § omes. C. de episc. and. Valentinian the second, Theodosius the younger, and Arcadius declare that this is for Ecclesiastical causes. Martian will have the Bishops to be judges over the Clerks in their Dioceses; and of their civil causes, if the plaintiff have recourse unto them: so that it was left to the liberty of him that entered the suit, whether he would make them judges, or have recourse unto the Magistrate, as is specified in another law of the same Emperor. Leo and Anthemius give this jurisdiction over Clerks and Monks, to the Precedents of the Provinces within their circuit, and to the Praefectus Praetorio at Constantinople. And in another law they ordain, that the Bishops, Clerks, Monks, and all other Churchmen of what quality soever, shall answer before the Precedents of the Provinces, and come before them when they shall be summoned and accused. justinian in his seventy ninth novel Constitution, submits Monks to the jurisdiction of Bishops: justinian. Novel 79. Idem Novel 83. In the 83 constitution, he decrees the like for Clerks, as well for matters civil as for Ecclesiastical crimes, reserving others to his officers. And furthermore in ca●e the Bishops cannot, or will not take the cognizance of them, he refers them to his Magistrates. Idem Novel 123 cap. 8. In the 123 constitution, he prohibits the conventing of Bishops before his Magistrates in cases civil or criminal, without his Imperial command. In other places the Emperor's proceeding ●urther, have given jurisdiction to Bishops, not only over Clerks, but also over Lay men. L. 1. C. Th. de episc. judie. Sidonius epist. 8. lib. 5. Constantine the Great was the first (whose law our Popes ascribe to Theodosius) having made a very favourable constitution in behalf of Bishops, whereby he gives them the cognizance of all civil causes betwixt Lay men, upon the bare demand of one of the parties, albeit the other did not consent unto it. In such sort as the Magistrates are bound to desist from the cognizance of it, as soon as one of the parties shall require to be dismissed and sent thither, whether it be at the beginning, or middle, or end of the suit. L. Si quis ex consensu. C. de episc. audient. 8 Arcadius and Honorius derogating from this law, will have it to be by the joint consent of both parties, and that by way of arbitrement. The same Emperors, together with Theodosius, Ancient laws do not bind present Princes. do ordain that there shall be no appeal from this Episcopal judgement, and that their sentence shall be put in execution by the Sergeants and Officers of the judges. This is the law which justinian would have to be observed; L. episc. C. eod. I say those two last constitutions, for as for that of Constantine, he did not insert it in his books, but the other latter. Which Gratian hath confessed in his Decree. And whereas in the Code of Theodosius, the inscription of the title runs thus, In §. haec si qui● post Can. omnes. Caus. 11. l 1. De Episcopali judicio: justinian in stead of it hath put, De Episcopali audientia, to show that it is not properly any jurisdiction which is bestowed upon them; but on the contrary, a friendly and arbitrary composition to abridge the process. 9 After this time the Emperor Charles the Great, in his capitulary, renewed the law of Constantine, Carolus Magnus in capitul. lib. ●. cap. 28. Can. qui●un●ue Can. Omnes. Can. Volumus. Caus. 11, q. 1. and gave the same jurisdiction therein contained unto all Bishops, repeating the same law word for word. Which the Popes have not forgot in their Decree, where they have inserted the Constitution of Constantine, under the name of Theodosius, and that of Charles the Great; just as justinian did in his Books, the responses and commentaries of Lawyers, to give them the strength of a law. For as for them they think they are not subject to those of Christian Princes. But they have gone further yet, for by a most disrespectful ingratitude, they have gone about to serve themselves of these laws against those very Kings and Emperors which made them, to take upon them the jurisdiction over them themselves. 10 Innocent the third served himself hereof against Philip Augustus King of France, Cap novit de judiciis extra● he would needs make himself judge betwixt this Prince and King john of England, by virtue of these constitutions, whereof he makes express mention. It is all one as if he had urged them against Charles the Great, considering that he made this law both as Emperor and King of France, for he submits t●● Frenchmen to it in express terms. These laws, whether of Constantine or of Charles the Great, should not now be urged, neither against the Emperors nor the Kings of France, who did not make any law to tie them; not against other Kings who do not admit the law of the Empire, nor against their vassals and subjects. First, forasmuch as such laws have been abrogated by contrary practice, be it in Germany, England, France, or elsewhere. Secondly, forasmuch as the cause of them ceasing, there is no need to observe them. Now the cause or reason, which is fully expressed in those two laws, is this; That the authority of sacred religion, invents and finds out many means of allaying suits, which the ties and forms of captious plead will not admit of. That the judgements of Bishops are true and uncorrupted. That this is the choking of those malicious seeds of suits; to the intent that poor men entangled in the long and lasting snares of tedious actions, may see how to put a speedy end to those unjust demands which were proposed to them. Now we have made it appear in the second book, when we treated of the reformation of the Head, that the Pope, his Decretals, the Court of Rome, and other Ecclesiastical Courts, are now adays become the source of iniquity and injustice, and of all the shift and tricks that ever could be invented in matter of pleading, and that all Christendom graones miserably under them at this present. Why then should a man submit himself to their judgement? this were for escaping the ashes to throw himself in the fire. Francisc. Duarenus. l. 1. de Sacro Eccl. minist c. 2. Duarenus speaking of these two laws, saith, That the conditions of the Bishops being changed, both these constitutions grew out of use, as it is credible. Thirdly, the Popes have rendered themselves unworthy of them, because they went about to retort th●m upon their authors, to urge them against those which are exempted from them; because they would have made their liberality redound to their own damage, and have arrogated their power unto themselves, and usurped their laws. Lastly, those who made those constitutions, have power to unmake them, to alter, or abolish them at their pleasure. To what purpose then are they urged against them? There needs be no more talk of them in France, for they have now been a long time disused. We see no tracts of them in our Histories, nor in our ancient records. And beside we have at this present some Ordinances clean contrary to this, which forbid Clergy men all jurisdiction over lay men, unless it be in spiritual cases, Ordon. de l'an 1539. art. 1.2. as we have elsewhere expressed. CHAP. II. That a Council hath no power in temporal matters. The power of Civil Laws. 1 FOr goods and other temporal matters, Saint Austin hath passed his sentence, by which he hath submitted them entirely to the jurisdiction of Princes, although they be in the possession of Clergy men. By what law (saith he) do you except the goods of the Church? by divine law or humane? The divine law we have in the Scriptures, and the humane in the laws Imperial. That which every man possesseth, doth he not possess it by the humane law? Humane laws are the laws of the Emperors; for God hath dispensed humane laws amongst mankind by the mediation of the Emperors and Kings of this world. And a little after. Take away the Imperial law, and who dare say this possession is mine? This servant is mine? This house belongs to me? If the Royal laws have ordained that these things should be holden and possessed by men, would you have us to conceal the law, that so you might enjoy them? And after some passages. Let those laws be read where the Emperors have commanded expressly, that those who usurp the name of Christians, unless they be within the communion of the Catholic Church, cannot possess any thing in the name of the Church. But (say you) what have we to do with the Emperor? I have told you already that the question is here of the law humane, and the Apostle himself would have all men to be subject to Kings, and Kings to be honoured. And hath said, Have Kings in reverence. Say not you then, What communion is there betwixt me and the King? otherwise it will be said unto you, What communion is there betwixt you and your possessions? They are enjoyed by the constitutions of Kings. You say, What hath the King to do with me? do not then call those possessions yours, for as much as you have renounced humane laws, by virtue whereof such possessions are enjoyed This pregnant place is inserted into the Decree, Can. hoc jure dist. 8. all entire as I have related it; so as now it is a Papal law: which plainly teacheth us that Ecclesiastiques have no jurisdiction over the lands and possessions and other temporal goods which Churchmen are seized of: much less have they any over those which are in lay men's power; over which notwithstanding the Council of Trent hath stretched their authority. 2 Gregory the thirteenth, it seems, would have voided and rebated the force of this Canon, by that Item which he gives us, that the word Church is not at the beginning of the passage, because Saint Austin speaks there of heretics, namely to the Donatists. Which is very true. But if he will infer from thence, that Saint Austin would not have said as much of the goods of the Church, we will deny his argument. These goods whereof he speaks were the possessions of the Church, before the Donatists fell into their opinions. church-good disposed of by Princes. They were deprived of them by the Emperors because of their heresy. They were bestowed upon the Orthodox, as Gregory saith in the same place. See how the Prince and not the Church doth always dispose of their goods. See how Saint Austin, and all the Popes with him, confess that it belongs to the Emperor to dispose of them, and not to the Church. For even that reason which he renders is general. It agrees as well to the Church and Clergy as to any others. Besides, those which made the collections of ancient Canons, as Anselm, Ivo, and Hildebert, have inserted the word Church in that place; and Gratian after them, as Gregory confesseth, which the former Popes did authorise. The Emperor Constantine calls those of the Novatians, Churches, and will have them preserved unto them. L 2. C. Theod. de heretic. L. Episc. p. C. Th. de fid Cath. L ●uncti. C de haeret●●i●. The Emperors, Gratian, Valentinian, and Theodosius, call those of other Heretics, Churches, and cast them out of them, that they may place orthodox christian's in them. Arcadius and Honorius made a like constitution. Ivo Bishop of Chartres proves it in his Epistles. For as much (saith he) as the guidance and government of temporal things is given unto Kings, and that they are called Basilei, that is, the Basis and foundation of the people, if at any time they abuse their power which is given them● they must not be too much exasperated by us; only when th●y refuse to obey our admonitions, they must be let alone to the judgement of God. The Council of Trent doth not use them so, but not content with delivering their bodies up to Satan as far as lies in their power, it confiscates their goods, and deprives them of their inheritance. 3 Pope Nicholas, howbeit in his Epistle sent to the Emperor Michael he breathe nothing but wind and smoke, having made a division with the Emperor very advantageous to himself, without forgetting any of the Ecclesiastical and Papal pretensions, leaves him nevertheless the guidance and government of temporal things for his share. Can. quoniam. dist. 10. Et Can. Cum ad verum. dist. 96. When we come to the truth (saith he) neither the Emperor invades the rights of the Popedom, nor the Pope the name of the Emperor; forasmuch as jesus Christ hath so distinguished the functions and offices of either power, by their proper acts and several dignities, that Christian Emperors stand in need of Popes for their eternal life, and Popes make use of the Imperial laws, yet only in the course of temporal things. This Epistle is canonised in two places of Gratian'ss Decree. 4 So it is a clear case that Clergy men were anciently very poor: That they lived in common, even at Rome for a long time: That they got their means and revenues by the bounty and liberality of secular Princes. The ancient Histories, yea even their own books, do witness as much. Abbas Vspergensis in Chron. sub ann. 1116. When the donation of Constantine and that of Lewes the Gentle shall be proved true, they will furnish us with a strong argument to convince the Popes that this was the hand from whence they received their means; and therefore these are the authors to whom they should acknowledge themselves beholding, and not ingratefully say (as they do) That such means belonged to them; That the Emperors ●surp'd them, and did no more but restore them. 5 The ancient Counsels have done thus much respect and honour unto Princes, as to entreat them to remove the abuses, and correct mischiefs for as much as depended upon them, and as concerned their power; without proceeding to punishments and corrections, without undertaking to ordain any thing in that kind themselves, by thrusting their sickle into another man's harvest, as this of Trent doth. 6 The third Council of Toledo, Concil. Tolet. 3. ca 21. tom. 2. conc pag. 866. Concil. Tolet. 4. tom. 3. Conc. pag. 68 holden in the year 589, entreats Reccaved King of Spain to prohibit the usurpations of his judges and Officers which troubled the Bishop's servants, and other Ecclesiastical persons by diverse impositions. The fourth of Toledo, holden in the year 643 under King Sisenand, doth indeed admonish those which have any controversies with potent men, Ecclesiastical jurisdiction derived f●om Princes. and others which invade their rights, to come and make their complaint to the Council; but this is to the end that as soon as the wrong done them is understood, a course may be taken for it by the Officer Royal, as it is said in express terms. Synod. Suesson. Tom 3. Concil. 7 The Council of Soissons, having made certain Ecclesiastical laws wherein they speak of lay men too, concludes with this clause: If any man chance to transgress this Decree, and to break or contemn the law which three and twenty Bishops, with other ecclesiastics and servants of God have enacted, with the consent of Prince Pepin, or the Counsel of the Peers of France, let him be judged by the same Prince, or let him compound the matter with the Bishop's o● judges so as is prescribed in the same law, every man according to his order. Synod. Mogunt. sub Rhaban. c. 17. tom 3. Conc. pag. 836. The Council of Mentz holden in the year 834 exhorteth Lewes the Gentle to restrain the oppression of poor people, but free borne, which was inflicted upon them by great and potent men, contrary to all justice. Our Council of Trent in all these cases have proceeded by censures and excommunications, by confiscations of goods, and deprivations of Empires and Kingdoms. 8 Now Counsels are so far from having power to ordain any thing concerning the temporals which belong to lay men, as they cannot so much as make laws for the temporals of the Church. The reason is manifest, which is, because that Clergy men got their possessions by the bounty of Princes, at least for the most part, that before they had them they were under their Dominion and Empire; that for all this changing of their master, they do not lose that which belongs to them. Christian Religion (saith Saint Ambrose) deprives no man of his right. Saint Bernard, D Bernard. lib. 2. de consid. ad Eugen. Pap. who is quoted and commended by all men in this case, speaking to Eugenius the third, saith, What did the holy Apostle leave you? Such as I have I give you (saith he.) And what's that? one thing I know, that it is neither silver nor gold; for he himself says, Silver nor gold have I none. If you chance to have any, use it; not according to your appetite, but for a time. And a little after. Grant that ye arrogate these things unto yourself by some other title, you can never do it by the Apostolic right, for he could not give what he never had. What he had he gave, to wit the charge and care over Churches. Did he leave the Dominion too? hear himself speak, Not bearing rule (saith he) in the Church; but being brought under the form of a flock. joannes de Paris. in tractat. de potest. regia et Papal● in pro. 9 Friar john of Paris, a Doctor in Divinity of the order of Predicants, who writ about the year 1280, in his tract Of the Royal and Papal power. I am of opinion (saith he) that truth itself hath made a Medium here, namely, that it is not utterly impossible that Clergy men have dominion and jurisdiction in temporal matters, but yet it belongs not unto them by reason of their profession and as Christ's Vicars and the Apostles successors; but is convenient for them to have it by the grant and permission of Princes, if so be they have bestowed it upon them out of devotion, or if they have got it by other means. And in the eight Chapter he sets down this conclusion. Idem joannes de Paris cap. 8. Whence it appears, that seeing Christ, as man, had no power nor jurisdiction in temporal matters, the Priest, (be what be will) hath not received any power over them from Christ; in as much as he did not give unto them what he had not in himself. Marsilius in defensor. pacis ca 25. part. 2. 10 By reason of this jurisdiction and power which Princes have over Ecclesiastical goods, they may impose taxes, subsidies, tenths, and other charges upon them. Marsilius de Milan saith, The Bishops of Rome would enjoy temporal matters immoderately, and without too much right; and yet notwithstanding they will not be subject to the laws and edicts of Princes and humane Legislators, contrary to the doctrine and example of Christ and his Apostles. Howbeit for things which belong not unto them, when they have them in their power, they should rather relinquish them than contest for them. He adds further. The Bishops of Rome, Prince's m●y impose tribute ●pon Cl●●ks. as also all the rest, having but small regard to this, if they find themselves grieved at any time by the Roman Emperors in t●nths and subsidies, and other temporal charges for the maintenance of soldiers, then when necessity forceth them to it, in stead of acknowledging the courtesies they have received in these temporal matters, which these Princes of Rome have liberally imparted unto them, puffed up with pride and ignorance of their own condition, more ingrateful than the most ingrateful that ever were, out of an unbridled presumption they fall into horrible blasphemies and cursings, as well against the Princes, as against such Christians as are subject to them. The same author in another passage: Marsilius part● 2. cap 17. We must not be ignorant (saith he) that the humane lawgiver, or he which rules by his authority, may lawfully impose any tasks and collections upon the temporals of Ecclesiastical men, principally upon their lands and immovables which we call benefices, etc. Saint Ambrose in one of his Epistles saith, If the Emperor demand his tribute, we do not deny him it. The revenues of the Church pay tribute. Ambros in Epist. de tradend. Basilio. Hugo de Sancto Victore in tract. de Sacrament. Marsil part. 2. cap. 21. Hugo de Sancto Victore speaks expressly of it in his tract of the Sacraments. Let the Church know (saith he) that such possessions cannot be so far alienated from the Royal power, as that if reason and necessity do require it, the same power needs not protect them; or that those possessions should not relieve him in time of necessity. Marsilius again in another place: But if the supreme Lawgivers or Commanders stand in need of these temporals, they may in case of necessity make use of all that remains over and above what is bestowed in the maintenance of the Ministers of the Church and of the poor; and may by their own authority lawfully seize upon it, according to the divine law; notwithstanding any contradiction of the Priests Ministers: and that not only the tenths, but even the fourth's and thirds, etc. AEneas Silvius, AEneas Sylvi●● deortu & authorit. Imper. cap. 6. Barthol. Chassaneus in 4. part. Catalogi. in his fifth book Of the beginning and authority of the Empire, saith, That the possessions of the Church owe tribute to the Empire. Which he proves by the testimony of Saint Ambrose, and many others, out of holy Writ. Chassaneus who was Precedent of the Parliament of Aix in Provence, saith, That Prelates are subject to Kings for their temporal means, though they be not feodal; that they are bound to obey their Ordinances and Constitutions for as much as concerns the said goods: that such temporal means of Clergy men, even those which are infeodated, are liable to the payment of new tasks, in case Kings should have a mind to impose any for the defence of their kingdoms. 11 But for this matter we need not seek any other testimonies than those which are extant in the Pope's own books. That place of Saint Ambrose, which was formerly quoted, hath been canonised in Gratian'ss Decree. Can. Si tributum. 11. q. 1. If the Emperor demand tribute, we do not deny him it. The revenues of the Church pay tribute. If the Emperor desire to have the means, he hath power to take them to himself. In another Canon it is said, Can. magnum. 11. l. 1. It is a great and spiritual lesson by which we learn that Christians are subject to secular powers; for fear lest any body should think that the Ordinance of an earthly King may be violated. For if the Son of God paid tribute, who art thou that art so great as to think thyself exempted? One Pope Vrban said, That the tribute was found in the fishes mouth as Peter was a fishing, Can. tributum 23. q. 8. because the Church pays tribute of things external which lie open to every man's view. 12 It is true that Gratian, after he hath set down these Canons, plants others by way of battery against them to beat them down, such as are approved by Popes, in such sort that they pronounce themselves exempt from all subsidies and tributes, and also all others of their order. Clergy men have exemptions indeed, and those very fair ones, both for their persons and their goods: they have privileges which are both honourable and profitable. I confess they have. But they are very ingrateful if they do not therein acknowledge the liberality of Kings and Emperors. Clergy how f●r exempted from taxes. These are the marks of their bounty. L de iis Clericis. C de Episcop et ●leri●. L. placet. ●. de sacrosanct Ec●l. L ad ins●ructunes C. eod. L. ut ●t. L omnis Ecclesiarum. C. Th. de ●pis●●p. Eccles. et Clerie L sub mus. C. modem. L neminem. C. modem. L ●ubemus C. eodem. L ●. ●●●d. Cap. 1. de immunitat Eccles. in 6. 13 It cannot be inferred from all this tho, that there is any release from the power and sovereignty which belongs unto them, nor from those dues which they were wont to receive, save only so far as they are pleased to remit them. The Emperor Constantius does ordain that the Clerks of the Provinces shall pay the charges due to the Exchequer for their possessions. The Emperors Honorius and Theodosius grant an immunity to Churches from sordid payments, but not from others: and they reserve to themselves the power of laying impositions upon them in case of necessity. The same Emperors declare in another place, that they do not exempt them from such taxes as shall be assessed for the repairing of bridges and high ways. Constantius and Constans had formerly granted the same immunity to Ecclesiastical persons, their wives and children; to wit, from forbid payments, but not from others. The Emperors Theodosius and Valentinian declare the vassals and tenants of the Church liable to the same services that others are. They declare likewise that the possessions of the Church must pay tribute. These are the same Emperors that prohibited the alienation of Ecclesiastical goods: that gave Counsels power to receive revenues by legacy from dying men. V. joan. Ferrant in tract de jurib. & privi. reg Franc. c. 17 lancelot. Conrade in templo omn. judic. lib. 1. cap. 2. §. 3. num. 10. 14 If these were anciently the Imperial rights, it would be known at what game they were lost. The Popes have made laws for the confirming, yea enlarging of these immunities. Counsels have likewise interposed themselves in the same business, both they and these in such sort as they have forgot their benefactors: and not remembering that these exemptions are the courtesies of these very Kings and Emperors, whom they forbid to lay any imposition upon such goods without their leave. Yet our Kings of France are always excepted by the testimony of our Doctors, who think that to be his special privilege, which is indeed the common right of all Princes. Though in very deed it is made special by reason of the usurpation of Popes, who have got their ends in others, the French only excepted. And yet they are not out of hopes of them too. For amongst their Decretals there is one of Alexander the fourth which expressly forbids the French To impose any taxes, Cap. 1 de immunit. Eccles. in ●● collections, or exactions upon Churches or Ecclesiastical persons, or to require them of them for their houses, lands, or other possessions whatsoever, heretofore got or purchased, or hereafter to be got or purchased by the said Churches or persons Ecclesiastical. This Decretal, together with all the rest, is approved by this Council of Trent: V●notas ad d c. 1. de im●●nit. Ec●les. in 6. yea (which is worth the observing) Gregory the thirteenth in his late censure of the Canon Law hath made this addition to the said Decretal. Look (saith he) the Council of Trent at the twentieth chapter of the twenty fifth Session, where the privileges and immunities of Churches and eclesiastical persons are renewed and confirmed. So that we must talk no more of this privilege hereafter, if our Council be received. And that no man make any further doubt hereof, let us hear how this and that other Gregory the fourteenth would make men believe it in their Bulls, De coena Domini, given forth by them afterwards to be thundered out in this kingdom. Vid E●logam Bullarium & motuum propri●rum pag. 316. We excommunicate and anathematise those which impose any collections, tenths, taxes, payments, or other charges upon Clerks, Prelates, or other Ecclesiastical persons: or upon the goods of Churches, Monasteries, or other Ecclesiastical benefices: or upon the fruits, rents, and revenues thereof, without special and express licence from the Pope of Rome. Cap. Clericis lutcos. de immunit Eccles. 15 These Popes did no more but resume the errors of Boniface the eight, (so well liked by his successors that they made laws of them) for by his Decretal he excommunicates all lay men, yea by name all Emperors, Kings, 〈…〉 any collections, taxes, tenths, twentieth or hundred part of Ecclesiastical goods and revenues, P●ying of tenths an● subsidie●●rohibi●ed by Pope. or other quantity, part, or quotity of them, by the name of relief, loane● aid, subsidy, or other title whatsoever; as also all Ecclesiastical persons which shall pay them without leave from the holy See. 16 Bennet the eleventh, his successor, after he had accorded all things with Philip the Fair, in courtesy to him made a restraint of that Decretal, ordaining that it should not take place Inter volentes, wherein he thought he gratified him much. Hark how one speaks of him that was a writer of the lives of Popes. Pope Benedict appeased the strife and dissensions that were begun betwixt Philip King of France and Pope Boniface: and restored unto the same King the privileges and indulgences of the See Apostolic, which had been taken from him by Boniface his predecessor. Besides, he set out a certain Constitution at Perusia in favour of the same King and his subjects, which begins, Quod olim: whereby he restrains the Constitution of his predecessor Boniface, which begins, Clericis laicos: ordaining that the punishment expressed in Boniface his Constitution, shall not take place neither in those that pay, nor in those that receive such payments as are freely & willingly tendered. This constitution is among the Extravagants at this present; Cap Quod oli● de ●●munit. Eccles. lib. 3. Extra. Aut imposita etia● a sponte dantibus & concedentibus recipiunt. joannes P●trus de Ferrariis in ●orma libelli pro haeredit. vel sinful re in verb. omnis communio pag. ●08. but so as our Popes hold it for apocryphal, abrogated, and of no force, witness the foresaid Bulls De coena Domini, sent into France to be thundered out there, which have these words: We excommunicate and anathematise all those that receive the said collections, taxes, tenths, etc. even of such as give and grant them willingly. 17 One of our Practitioners hath so far forth acknowledged the power of Emperors and Kings over the temporals of the Church, that he hath advised them to discharge the Pope and other ecclesiastics of that care and trouble, which the too great abundance begets in them. It will come to pass ere long (saith he) that all lay men's goods will prove to be Clergy men's inheritance, unless some good Emperor take an order with it, by revoking the donation of Constantine, and making a law totally to reduce the state of all Clerks to the state and condition of Friar's Mendicants; and unless the Pope and Cardinals also be reduced to the life of Christ and his Apostles upon earth, whose Vicar General he is, and therefore aught to follow his example. And in another place. Idem de Ferrariis in form. libel quo agit ex substitut. in verb ex suo corpore. Amongst the privileges of the Church, this is one, That the goods of such as turn religious be applied to their Monasteries. By means of which privilege an infinite company of Monasteries have been founded and multiplied in all parts of the world. That which was anciently done out of devotion, is now practised out of avarice, and to exercise oppression, in such sort as they have already quite undone the laity. So that it may well be said that such places either already erected, or hereafter to be erected, are nothing else but nets set to catch lay men's goods in. O that a good Emperor would arise therefore, that all the world might say, Let peace be made by thy virtue, and let plentifulness be within thy Towers! CHAP. III. That Kings and Princes ought not easily to be excommunicated: and of the privileges of the Kings of France, and their Officers. Excommunications abused against Princes. 1 HOwbeit Ecclesiastical persons, as Ecclesiastical, have no power over temporal matters, but only Kings and Princes, and those upon whom they derive their power; yet so it is that in these latter days they have taken upon them a jurisdiction in such matters, applying even excommunications to that purpose. For by means of them they have disposed of Kingdoms and Empires, Dutchies and Principalities, Cities, Patrimonies, and other such like things. So our Council useth them against duels, against Combatants and their Seconds: depriving them of their Cities and Places where such Duels shall be fought, and these of their inheritance: and that by virtue of an Excommunication which shall be thundered out against them. Besides what we have spoke already concerning the disposal of temporal matters, we have elsewhere proved that it is an unjust and unlawful thing to extend excommunications to men's goods, to deprive such men of them to whom of right they appertain. We shall only say in this place that there ought to be very weighty reasons for proceeding to the excommunication of Kings and Princes: yea there are some which think they are totally exempted from it. 2 Ivo Bishop of Chartres saith they ought to be borne with in their faults, not to be exasperated in case they will not do any thing upon fair admonitions. We have set down the place before. V. Ep. Leodiens. To. 2 Conc. in edition. Colon. p. 809. The Clergy of Liege in their epistle to Pope Paschal the second, say the very same; If any man search the old and new Testament, and the things which have been acted there, he shall evidently find that Kings and Emperors can no way be excommunicated, or at least very hardly: according to the Etymology of their name, and the definition of excommunication. And the question was never yet determined. They may indeed be admonished, rebuked, reproved by respectful and discreet persons, in as much as Christ the King of Kings hath reserved unto himself the condemnation or absolution of those whom he hath left to supply his place upon earth. 3 This Council excommunicates them upon very sleight occasions, as namely for using their authority in contracting of marriages, to the advantage of some Gentlemen or Officers of their Court; for giving way to a Duel, and the like. It is requisite to hear what answer a Synod of Rheims made to an Archbishop of the same City hereupon, whom Pope Adrian the second had commanded by his letters to abstain from communicating with Charles the Bald, Emperor and King of France, which he certified the assembly of. Epist. Hincmari Rhemensis Episc. ad Adrian. Pap. They said, and do say, with reproaches touching upon my meanness, who have always strove to the utmost of my ability and knowledge, to promote the privileges of the See Apostolic, that such a command as this, was never given out from that See to any of my Predecessors, even in those times when (as every man knows) there were wars and seditions betwixt confederate Kings living under the same Sacraments, betwixt the father and the children; Th● King of F●ance his pri●iledge. yea even betwixt brethren. And that we never read that the Popes of the See Apostolic, nor other Bishops of great authority and holiness did ever withdraw themselves from the presence, or refused to salute or confer with heretical or schismatical Emperors, Tyrants, or Kings, how bad soever they were: as Constantius the Arrian, julian the Apostate, Maximus the tyrant, when occasion, place, and the cause required it, etc. And they say that the scripture of this age holds, that every Kingdom of this world is got by arms, and enlarged by victories, and cannot be purchased by excommunications from the Popes, or other Bishops: and they urge that holy Scripture saith, that Kingdoms are from the Lord; by whom King's reign; and that by the ministry of men and Angels he confers them upon whom he pleases. See here are things which without all compare deserve rather to be struck with an Ecclesiastical thunderclap, than the giving way unto a Duel or interposing their authority in a matter of marriage. 4 Now, whatsoever others be, our Kings are exempted from such thunders, so as neither the Bishops of this Kingdom, nor strangers, no nor the Pope himself have any power over them in this regard. We have hereof diverse testimonies: our French men do avouch it in an article which was drawn by them in behalf of King Lotharius, against Pope Nicholas the first, who would have excommunicated him for his marriage with Waldrada. As he cannot be excommunicated (say they, speaking of the King) by his Bishops, whatsoever his fact be, so cannot he be judged by other Bishops. 5 Vincent, in his allegations, after he hath set down the good deeds of the Kings of France towards the Church, saith, This is the cause why the Kings of France, cannot be excommunicated, by reason of their privilege, else their labour should be fruitless. Likewise their soldiers and their men of war, and their Captains, inasmuch as they cannot offend by obeying them. These last words must be understood of an excommunication thundered out against the men of war, for this reason, because they fight for their Prince. 6 Lancelot Conrade, a Lawyer of Milan, subject to the King of Spain, Lanc. Conrad● Lauden●is in templo omnium judic. lib. 1. c. 2. §. 3. num. 13● saith as much in express terms; The King of France pretends to have this privilege, that he cannot be excommunicated neither by the Canons, nor by men. As the Doctors collect in the division of the chapter, Vbi Periculum in princip. de elect. in 6. When the Parliament of Paris gave their opinion, and all the Chambers met together about receiving the Cardinal d' Amboise, and the qualifications that should be put to his Faculties, (which was upon the eleventh of December 1501). The laws of the Land, and the liberties of the Gallicane Church were represented at large, amongst which this was one, That the King of France cannot be excommunicated, that his Kingdom cannot be put in interdict, as is collected out of the ancient Registers. 7 Yet notwithstanding always, as oft as the Popes have gone about to attempt any such excommunications, whether by their own proper authority, or jointly with Counsels, they have found strong resistance: and the French have got this commendation, that they never abandoned their Princes in such conflicts. The Histories thereof are known to all men; and they have been so canvased in diverse writings set out during our late troubles, that it will be fitting to overpasse them, that we renew not the memory of our former miseries. We will only say that some Popes have in good sincerity acknowledged this right and prerogative of our Kings: yea, which is more, they have confirmed it by their Bulls; declaring thereby that the King of France cannot be excommunicated, nor his Kingdom interdicted: and amongst others, Martin the third and fourth; Gregory the eighth, ninth, tenth, and eleventh; Alexander the fourth; Clement the fourth and fifth; Nicholas the third; Vrban the fifth; and Boniface the twelfth, whose Bulls are yet preserved in the treasury of the King's Charters, Kings of France not excommunicable. as diverse testify. 8 Pope Benedict th'eleventh, partly (as it is probable) upon this occasion, revoked the excommunication which was denounced by Boniface the eight his predecessor, against Philip the Fair, of his own mere motion, and without being desired unto it by any man, (as Walsingam witnesseth) He absolved (saith he) Philip the Fair King of France, from the sentence of excommunication given out against him by his predecessor, without being desired to it. We read the Bull thereof to this day in Mr. Nicholas Gille in his Annals of Aquitain. Amongst the testimonies of Popes, we will put that of Sylvester the second, for the judgement which he passed before he was preferred to the Popedom, and the excommunication which the Pope that then was threatened against the King, and some Prelates of this Kingdom. See here the place taken out of one of his Epistles which he writ to the Archbishop of Sens: 9 I say confidently and boldly, that if a Bishop of Rome hath offended against his brother, and will not give ear to the admonitions which should be diverse times given by the Church, I say that same Bishop of Rome by the commandment of God, must be accounted as an Heathen and a Publican: For by how much the degree is higher, by so much the fall is greater. But if he account us unworthy of his communion, forasmuch as none of us will consent with him in that which is against the Gospel, he cannot therefore separate us from the communion of Christ. And presently after; We should not therefore give this advantage to our ill-willers, as to make the Priesthood, which is but one in all places, as the Catholic Church is but one, seem to be subject to one man only; in such sort, that if he be corrupted by money, or favour, or fear, or ignorance, no man can be Priest but he that shall be commended unto him by such virtues as these. 10 Whence we collect, that the Popes have no more power over our Kings, in matter of excommunications, than other Bishops, whether of their own Kingdom, or strangers. The Courts of Parliament of this Realm (and especially that of Paris) have always stood out against such excommunications, and have declared them to be frivolous, nullities, and abusive: yea and have proceeded with rigour and severity against the bearers of them. The Arrests given out against the Bulls of Benedict the thirteenth, the two Gregory's the thirteenth and fourteenth, are sufficient witnesses hereof. Now it is not only true that our Kings cannot be excommunicated: but, which is more, they may absolve such of their subjects as are excluded from the Communion of the Church: yea they are accounted to restore them to their former state, by the mere admitting of them to their table, or into their company. This is a thing which we find upon record in the capitulary of Charles the Great, in these words; If the Royal power do receive any delinquents into favour, or admit them to his table, they shall be likewise received into the assemblies of the people and Clergy in Ecclesiastical communion; to the intent that the ministers of God may not reject what the piety of the Prince doth admit. The Prelates of France have observed this law at other times. Ivo Bishop of Chartres saith, he practised it towards one Gervase, Ivo ep. 123. and he sets down the words of this Ordinance. In another epistle he gives us to wit, that our Kings have this privilege, not only for other men, but for themselves too: Ivo ep. 195. Kings (saith he) should not be exasperated by us: but in case they will not rest quiet for all our admonitions, they must be left to the divine judgement. Hence it is that we read in the capitulary Royal, concluded upon by the authority of the Bishops: If the Royal power, etc. 11 Now this privilege that they cannot be excommunicated, is no new thing. Clement the fourth in one of his Decretals, confirms this privildge granted to the Kings, Queens, and their children, that they cannot be excommunicate, nor their lands interdicted. K●ngs and ●heir children ●o●●x●ommunic●ble. Which john Andrea's extends to the brethren of Kings, so they be children of Kings too; but not to such as are only brethren and no more. For example: If (saith he) 〈◊〉 that is no King's son should succeed in a Kingdom, where such a proviso is made; as suppose in the Kingdom of France at this present, the King's brethren shall not enjoy this privilege. But when, according to the ordinary custom, the eldest succeeds in the Kingdom, and hath brethren by the father's side, they enjoy this privildge, forasmuch as they are children of the same head. This instanceing in France shows that our Kings are of the number of those that have this privilege, that they cannot be excommunicated, nor interdicted à quocunque, as the Decretal hath it, that is, By any man whatsoever: Which may be understood as well of the Pope himself as of others. 'Tis true the gloss excepts him, as also his Legate à latere: but that doth not take place against our Kings, who by reason of their great deservings, and good deeds to the Church, are exempt from all such thunderclaps. CHAP. IU. That the Council useth commanding terms to Kings and Emperors; and makes them executioners of the Bishop's Decrees. Of the honour which was anciently done unto them by Clergy men. 1 Our Council is not content with clipping the rights, authorities and prerogatives of Kings Princes, and other Lords, to enhanse that of Rome; but further, it tramples them under foot: makes them but officers and ministers to Bishops, by commanding them to execute what these ordain. The holy Council (say they) doth further exhort all Kings, Princes, Commonwealths, and Magistrates, and by virtue of holy Obedience doth command them, to interpose their aid and authority in behalf of the said Bishops, Abbats, Generals, and others which have the charge and superintendence for the putting of the said reformation in execution, every time, and as oft as they shall be thereunto required: to the intent that they may without any impediment put in execution the things aforesaid, to the glory of almighty God. 2 Had there been no more but a bare exhortation it had been well enough: but this command found'st somewhat harsh, however it be mitigated with the sweet appearance of a holy obedience: for 'tis well known in what fashion they serve themselves of these fair words. This Mandamu● is extraordinary, and was never vented but from the stomaches of ambitious Popes or their Conventicles. Let a man but read the Acts of ancient Counsels General or Provincial, he shall find nothing but humble petitions, sweet exhortations, prayers and blessings for as much as concerns Emperors, Kings, and Princes; commands to them were not heard of then. They are the men who alone have the fountain and arsenal in their own hands, both for things temporal and spiritual; Priests preferred before Princes by this Council. who impart them to whom they think good. ecclesiastics have nothing to do but by way of petition: they have neither command nor Empire, unless they cozen the Monarches of the earth of it: they are Physicians of souls, subject to secular powers, having no weapons at all but censures and anathemas against such as are perverse and irregular. This Mandamus therefore is injust both in regard of those which give it, and those to whom it is given: so it is too in regard of the subject and reason for which it was made: in as much as by virtue hereof Princes and Monarches must be bound to obey the Clergy of their Empires and Kingdoms, and that even to the meanest of them: They must be bound to assist them with a strong hand, to put their ordinances in execution every time, and as oft as they shall be required thereunto: and in case they fail herein there will not want thunderbolts to deprive them of their Empires and Dominions. 3 In another Decree they sharply rebuke such Bishops as debase themselves too much to Kings and Princes, and give place and submit to them in point of honour. 'Tis true, they speak at first of petty Kings and other Lords; but the end of the Decree relates also to such as are of greater rank; where it is said by way of command to Bishops, Concil. Trid. Sess. 25. cap. 17 That as well within the Church as without, having before their eyes their place and order, they should ever remember that they are Fathers and Pastors. And as for Princes and all others, that they do fatherly honour and due reverence to them. 4 In the same Decree they renew and confirm all the former Decrees and Decretals which speak of the honour of Bishops, and put them in course: which are noted in the margin by the Pope's expositors: and amongst others the Epistle of Innocent the third writ to the Emperor of Constantinople, Cap. Solitae. extr●. de majorib. & obedient. whom some think to be Baldwin or his brother Henry, who were Frenchmen, towards the end whereof it is said, If the Imperial greatness would wisely consider these things, it would not suffer the Patriarch of Constantinople, who is in truth a great and honourable member of the Church, to sit over against his footstool, and upon the left hand: considering that other Kings and Princes do with reverence stand up, as they should do, before their Archbishops and Bishops, and allow them a venerable place next after themselves. Gregory the thirteenth in his new purgation of the decretals hath put this note upon it, See here (saith he) the Council of Trent, in the twenty fifth Session, and seventeenth Chapter of reformation. But let us here add the rest of the places in the margin, that we may better know what honour this Council would have Kings and Princes do to Bishops. 5 The Canon Valentinianus contains the resolution which the Emperor Valentinian made concerning the election of Saint Ambrose, and the exhortation which he made to the Bishops than present when the question was concerning proceeding to the election, Set such a one (saith he) in the Pontifical See, as we that govern the Empire may sincerely put our heads under his hands, and receive his admonitions (inasmuch as we shall offend, as men) like medicines from a necessary Physician. See here words that beseem a Christian Emperor indeed, who gives Clergy men that reverence which is due unto them as Physicians of souls. But the Glossatour, conforming himself to the ambition of Rome, refers all this to worldly honours and vanities. Set here an argument (saith he) to prove that the Emperor is inferior to a Bishop, and that he may be excommunicated by a Bishop. 'tis true that on the other side he seems to favour the Emperor, by giving him an office in the Church, and making him Archdeacon: for expounding the word Ordinem, he saith, From this word some have affirmed that the Emperor should have the Order of Subdeacon in the Church: but it is not true, because he hath a military character; yet howsoever he performs the office of Subdeacon when he serves the Bishop. O bravely thrust! Popes (by their account) how much greater ●h●n Empe●o●s. 6 Gregory the seventh● in an Epistle which he sent to the Bishop of Mentz speaks yet in a more lofty style for point of honour. Who makes question (saith he) but the Priests of Christ are reputed for the Fathers and Masters of Kings and Princes, and all the faithful? Can. Quis dubit et. dist. 96. Is it not known that 'tis a miserable madness if the son should go about to domineer over his father's or the scholar over his master? and by some unlawful obligations to bring him under his power by whom he may be bound and unbound, not only upon earth but in heaven also? The gloss makes an exception: Yet if the father should grow frantic, the son should be made Tutor over him, to govern him. He that shall read Cardinal Benno upon the life of this Pope, and others that have made mention of him, will find that this is not much beside the cushion. 7 Pope john the eighth saith, That 'tis God's will the disposal of the Church should belong to the Clergy, Can. Si Impe●ator. dist. 96. and not to secular Princes: who if they be of the number of the faithful his will is they should be subject to the Clergy. He adds yet further: That Christian Emperors ought to submit their executions to Ecclesiastical Prelates, and not to prefer them. Pope Gelasius writ to the Oriental Bishops, That Christian Princes were wont to obey the Decrees of the Church, and not prefer their own power. To submit their own heads to Bishops, not sit as judges of theirs. These are the Glosses of the Council of Trent upon the forecited Decree: all taken out of Gratian'ss Decree; all hammered out and whetted in the Pope's forge. 8 They forgot that Decretal of Clement the third, Cap. Omnis. extra. de major. et obedient. pag. 423. Saint Peter commanded (saith he) that all Princes of the earth, and all other men beside, should obey Bishops. The Glossatour infers: Ergo, The Princes of the earth are inferior to Bishops. Which is true. But if the King have many Bishopriques within his Realm, before which of them shall he treat of his spiritual cases? He shall treat of them before that Bishop in whose territory he makes his principal residence. Which gloss is approved and followed by the Canonists that comment upon that place. And we need not wonder if they would have the King to repair to the Bishop to treat of spiritual matters. For there are some of them that left it in writing, that if the Bishops be out of the fiefs or manors which they hold, they are not bound to call Kings by their names, nor to acknowledge them for Kings, not so much as for the goods temporal of the Church. It is a Pope that pronounced this sentence, by name Innocent the third. 9 We forgot to tell how our Canonists are entered upon a profound piece of philosopy, to know exactly how much the Sun is bigger than the Moon: for without the knowledge of this point they cannot resolve how much the Papal dignity surpasseth the Imperial, inasmuch as this is the ell with which they must be measured; the Pope being by Innocent the third compared to the Sun, and the Emperor to the Moon. The Gloss upon that Chapter determines the case thus: Wherefore seeing the Earth is seven times bigger than the Moon, and the Sun eight times bigger than the Earth, it follows that the Papal dignity is forty seven times bigger than the Royal. john Andrea's observes there is a fault in this gloss. In other copies (saith he) it is ten times four; in others● forty times: but neither this nor that can stand with the supputation of the Gloss. For if the Earth be seven times greater than the Moon, and the Sun eight times greater than the Earth, the Sun must then be eight times seven times greater than the Moon, and therefore it is fifty six times greater. For eight times seven make fifty six. Pope Gregory in his censure upon this place, taketh notice of this diversity of reading, which is more to his own advantage. In other copies (saith he) it is fifty times seven times. Humility of ancient Popes. But for the quantity of the Sun and Moon and Earth, and how much greater one of them is than another, see Ptolemy in hi● fifth Book and sixth Chapter. It was requisite to observe that; for by this means the Pope's greatness is ten times greater. But see here another addition yet, which helps well to augment the score. Here Laurence (saith the addition) cities the saying of Ptolemy; it is evident that the greatness of the Sun contains the greatness of the Earth one hundred forty seven times and two half parts more. It is also well known to every body that the greatness of the Sun contains the greatness of the Moon seven thousand seven hundred forty four times, and one half more. See here how they write of this point, it being to be feared they will never disentangle themselves out of these doubts but by the determination of a Council; and further it will be necessary that they employ some surveyou● in the business. And if in the mean time the Sun should happen to decrease, or the Moon to increase, there would be a great many amazed with it. 10 Though this be but a sport, yet no man of judgement but will be more ready to weep than to laugh at it. For this vanity hath made men renounce the simplicity of Christianity, to run after the world, and glut themselves with vanities. This Ecclesiastical ambition begun to grow up as high as Origens' times. We are in such a taking (saith he, speaking of the Prelates of his times) that we seem to outvie the pride of the Princes of this world; either because we do not understand, or do not respect the commandment of Christ: and after the fashion of Kings we desire to have weapons of terror to march before us. Saint Chrysostome saith likewise, That the Princes of this world are for ruling over such as are inferior to them, for bringing them into subjection, and spoiling them (when they deserve it) and for serving their turns of them, to their commodity and for their honour, even to death. But the Prelates of the Church are ordained to serve such as are inferior to them, and to minister unto them all that they have received from Christ, etc. It is not then either just or profitable to desire primacy in the Church. For what wise man is there that, with his good will, would submit himself to such a servitude, and undergo such a danger, as to be bound to give account for all the Church, unless perhaps some that is not afraid of God's judgement, abusing his Ecclesiastical primacy in a worldly way, by converting it into a secular power? And what is this else but turning the Ecclesiastical dignity into a secular, to dispute so much about honour and place, not against other ecclesiastics (which were more tolerable) but against the Princes of the earth, the respect and observance of whom was so much recommended unto them? to declare them their inferiors, their subjects, their vassals, perverting all order both divine and humane? Where is there any earthly Prince or Monarch that ever made such a goodly show and boast of their greatnesses and preeminences as the Popes have done? For what we say here is nothing in comparison of what we have delivered in the second Book. 11 Pope Leo the first in an epistle of his to the Emperor Martian writes to him in another manner style than would be used at this day. Forasmuch (saith he) as your piety and most religious pleasure ought in all things to be obeyed, I have willingly contributed my opinion and advice to the Synodical Constitutions, which pleased and liked me well, concerning the confirmation of the Catholic Faith, and the condemnation of heretics. Your Clemency will be pleased to take order by your command, that these things may come to the knowledge of the Clergy and Church. Pope Gregory the Great speaks in like manner to the Emperor Maurice in one of his epistles. In obedience to the commands of my Lords I have writ to my said fellow Bishop with all sweetness and humility. Gregor in regist. indict. 13. lib. 4. Epist. 29. An ancient Author writes, That when the Emperors by their Ambassadors commanded the Popes to come to Constantinople, they did not fail to repair thither, Princes how respected anciently by Popes. although they were afraid to be sent into banishment. 12 One of our French Monks testifies that the Popes were wont to adore the Emperors; and that Leo the second did so to Charles the Great. Pope Leo (saith he) set the crown upon his head, all the people of Rome shouting out, Appendix Eutropii. Antonius de gestis Francorum lib. 4. c. 10: Guicciardin. lib 2. hist. Ital. Life and victory to Charles Augustus, crowned by God, the Great, and peaceful Emperor of the Romans. After which acclamations he was adored by the same Pope, after the manner of ancient Princes. Francis Guicciardine relates that about the same time of the same Emperor, The Popes were wont to put these words in their Bulls, to show the date of them, Imperante Carolo domino nostro. 13 In the Acts of the Council of Meaux holden in the year eight hundred forty five, under Charles' the younger, King of France, we read this Chapter taken out of another French Council. Synodus Meldensis extat tom 3. Concil. pag. 870. If any man out of a swollen and contumacious spirit be so bold, as against all authority and reason, obstinately to contradict the Royal power, which is given by God, as the Apostle saith: and if he peremptorily refuse to obey his just and reasonable commands, according to God and Ecclesiastical authority, and the law Civil, let him be accursed. The ancient Counsels, both General and particular, are full of titles of honour and terms of respect and reverence towards Kings and Emperors. Miserable age● That we should be now put to it to insist upon such discourses as these, to keep within compass the ambition and vanity of such as cannot ●ee commended but for their holy humility especially. CHAP. V. The authority of Kings and Emperors for as much as concerns the Church and Clergy. 1 WE have seen already the power of Kings and Princes made nothing of, and enslaved to Churchmen; their honour debased, their place usurped, their majesty disregarded. Now over and above what hath been delivered particularly upon every point already, we must here show that the authority and dignity which they have in the Church is but to clear the doubt which our Canonists raise, Whether the Emperor deserve to have a Subdeacons' place. Kings and Princes being ordained by God, in such sort that all their subjects, even the ecclesiastics themselves, are bound to give honour and obedience to them, have both the powers in their own hand, the Ecclesiastical and the Civilly which they exercise either by themselves immediately, or by those upon whom they bestow them. 2 Marsilius of Milan proves it by many pertinent reasons, Marsil. cap. 21. part. 2. pag. 318. Petr●s de Ferrariis in form● libelli quo agi● ex substit. in ver. ex suo co●po●●. which would be too long to produce, in the fourth, fifth, and ninth Chapters of the second part of his Defensor pacis. And in another place he saith, Whence it appears to be true what we have already set down; that the coactive authority, as well over Clergy men as others, belongs to the humane Lawgiver, or to him that rules in his behalf. And de Ferrariis the Practitioner saith, Thou must know thou Ignoramus, that the Empire had sometimes both the swords, the temporal and the spiritual. Kings the def●ndours of the Church. In such sort as the Emperors then bestowed all the Ecclesiastical livings in the world, and which is more, did elect the Pope. At this present they do make but little use of this power which hath been taken from them by usurpation, as we have said elsewhere. Yet for all that they do not cease to have a right unto it, and one day or other may recover it. For in these and such like cases, prescription hath no place. They have such a stroke and authority in the Church, that they are counted the protectors of it, the patrons, defendors, and preservers of it, not as executioners of the Ordinances and Injuctions of Priests, (for this is all the authority which our Council and the Pope's Doctors allows them) but as principal members, as those who have the power in their own hands over all things. 3 Charles the sixth in an ordinance of his dated the eighteenth of February 1406, made by the Council and assistance of the Lords and Clergy of his Realm, saith, Vid libellum de Eccles Gallic. in schismat p. 15 That the Royal power is ordained by God for the preservation of the Church, and that the kingdom of heaven increaseth by means of the earthly Kingdom, when those which destroy the Church are crushed by the rigour of Princes. That the sacred Canons will have recourse to be made unto Princes, when such things are committed by great men in the Church, and that according to the opinion of holy Doctors the Pope ought not to be obeyed in such things wherein the state of the Church is notoriously disturbed. And in another of the seventeenth of April 1410. These things being considered that it belongs unto us who are the Guardian, Protector, and Defendor of the Churches of our Kingdom, and of Dauphinie, and who have ratified and approved the Statutes and Ordinances aforesaid, made in the Council aforesaid, to cause all this and all that follows upon it to be observed and kept inviolable, etc. Remonstrance de la Cour de Parlement de Paris art. 3. 4 The Parliament of Paris in the Remonstrance made by Lewes the eleventh touching the defence of the Pragmatique Sanction, hath inserted this Article Item, it belongs to our Sovereign Lord the King who is the principal founder, guardian, protector and defendor of the liberties of this Church, when she suffers in her liberties, to assemble and call together the Prelates, and other Clergymen, as well within this Realm, 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 prejudicial to the said liberties, as it shall be said hereafter. 5 The three Estates assembled at Tours the year 1483, in their Remonstrance presented to the same King Lewes th'eleventh, say thus: That the king by reason of his crown 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 predecessors were, the protector and defendor of the holy Decrees, liberties, and franchises of the Church of his Kingdom 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 Emperors and Kings have put their hands unto it, and have applied the remedy, either upon their own mere motion, or at the request of others. Which is verified by the example of Kings Hezekias, Who in the first year of his reign, in the first month, 2 Chron. cap. 19 vers. 3,4,5, 12, 15. opened the doors of the house of the Lord, and repaired them; and he brought in the Priests and the Levites, and commanded them to sanctify the house of the Lord, and carry forth the filthiness 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 placest and broke the images, and cut down the groves, and break in pieces the brazen Serpent that Moses had made, 2 King. 18.4. for until those days the children of Israel did burn incense to it. The book of the Law being found after it had been a long time lost, King josias commanded Hilkiah the High Priest, King's supremacy anciently allowed. and some others to go to Huldah the Prophetess to inquire concerning this book. Having heard their report after their return, he went up into the house of the Lord, 2 King. c. 2●●● and all the men of judah and all the inhabitants of jerusalem with him, and the Priests, and the Prophets, and all the people both small and great, and he read in their ears 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 walk after the Lord, and to keep his commandments, 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 door, to bring forth out of the Temple of the Lord all the vessels that were made for Baal. And he put down the idolatrous Priests whom the Kings of judah had ordained to burn 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 testimonies of Popes. The fourth Council (saith Zonara's) was called by reason of th● instance which was made by Leo Pope of Rome, and Anatolius Patriarch of new Rome, Zonar●s tom● 3. pag. 38. to the Emperor Martian, that the opinions of Dios●oru●●●t●ia●ch ●●t●ia●ch of Alexandria, and Eu●ych●s might not remain unexamined, and that the crime committed against St. Flavian, might not be slurred over under hand. Pope Boniface the first entreats the Emperor Honorius in his letters, Vid de●ret. Bon●f. Papae in dec●eto Isidori. to take order that they do not proceed to the Creation of the Pope by corruption; which gave him occasion to make a Decree thereupon. We have related the passages of it in another place. 8 Pope Gregory the first writ to Aldebert King of England in these terms; Most glorious Son, Gregor. in Regist. Indict. 4. l. 9 ep. 60. be 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: multiply the zeal of your uprightness by their conversion: take away the service of Idols, pull down the e●ifices of their temples, exhorting thereunto the minds of your subjects, in great uprightness and purity of life; edify them by frighting, by flattering 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. Gregory writ to Childebert, King of France in this manner. Idem Greg. in Regist. Indict. 12. l. 4. ep. 53. For as much as we have been informed of certain things which do highly offend Almighty God, and do greatly disgrace the honour and reverence of the Priesthood, we entreat you to take order that such things may be mended by the censure of your power. And to King Theodebert thus; Idem Greg. In●dict. 4. l. 9 ep. 54 This would be absolutely profitable for your Kingdom, if that which is committed against God within your Dominions were corrected by such reformation as your excellence shall apply 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, V Scriptores co●taneos Pithoei p. 499. contains a certain proposition made by Pope john the eight, where amongst other things, speaking of Charles the Great, he saith of him. That having raised all the Churches to a mighty greatness, he had always this wish and desire, of reforming a●d restoring the holy Roman Church to her first order and estate. He adds presently after; That he learned the state of Religion out of holy writ● which he found to be unhusbanded, and overgrown with the thorns of diverse errors and abuses: That he trimmed it up with knowledge both divine and humane, purged it from errors, and furnished it with sure and certain doctrines. 10 john of Paris, joan de Paris. in tracked. de por. Reg● et Papal. c. 21. a Friar Predicant, who lived about the year 1280, saith, That it is lawful for a Prince to repel the abuses of the spiritual sword in such sort as he may proceed by the Material sword: especially when the abuse of the spiritual sword turns to the prejudice of the commonwealth, Prince's to see t● the ●●format●on of the Church. the care whereof belongs unto the Kings; otherwise he should bear the sword in vain. 11 Claudius Espenseus a Doctor of the Sorbon, Clau. Espens. Th●●l Paris. in epist. a● Titu●. ●ap. 3. digress. 10. 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 especially when she is full of so great abuses, errors, and heresies. And upon the Epistle to Titus. I will here add one thing (saith he) for fear lest any body should think that it concerns Princes, only that profane things succeed well, and not sacred too; as if they were only keepers of the second table of the Decalogue which concerns our neighbour, and not of the first also which concerns God and the Church. Secular Princes have got the higher degree of power in the Church, thereby to fortify Ecclesiastical discipline, that they may command with terror what the Clergy cannot do by their bare word; and the heavenly Kingdom may be advanced by the earthly. According hereunto we may affirm that the great schisms and divisions, which have dismembered all the Church in these later days, have been appeased and accorded especially by the authority of Kings and Princes. 12 The Emperor Henry the third, seeing the abuse which was at Rome by means of the creation of three Popes, Naucler gone. ● 5. p. 152. to wit, Bennet the ninth, Sylvester the third, and Gregory the sixth, yea of a fourth too, namely Gratian who had drawn over the rest by bribery, presently made thitherwards, and called a Council, and made them be dismissed, and another substituted in their stead by lawful election. Frederick the first to remove the schism betwixt the two Popes, Victor, and Alexander the third. By the counsel and advice of his Princes (saith Radenicus) resolved with himself to take care that neither the state of the Church, R●deni. l. 2. cap. 43.54.55.64. 65. nor the Commonwealth of the Empire should receive any damage thereby: And hearing that both of them had been elected & consecrated Bishops, and that the one had excommunicated the other, he thought that this difference could not be determined but by a Council. He therefore called one, after the example of the ancient Emperors, and summoned both the parties to it, caused one to be condemned for not appearing, to wit, Alexander, and the other to be confirmed as lawfully elect. As soon as the Emperor Sigismond was preferred to the Empire, (saith the Germane Chronicle) he put on this resolution, Germanicor. Chronic. l. 27 ●. 271. Naucl. gen. 48. not to spare any pains for the pacifying of the Church, which was then miserably rend with diverse factions, more like a most confused Chaos, than a Congregation of faithful men, and Saints of God. He sent certain Ambassadors to the Popes, and to the Bishops, to compose the affairs of the Church, and make an agreement betwixt the Popes. Which he did so well, that notwithstanding the collusion which was between them and all the legerdemain, the Council of Constance was celebrated, where all those Popes which were no less than three in number were deposed, namely john the 23, Gregory the 12, and Bennet the 13, and Martin the 5 was chosen in their place. 13 The same Emperor, together with other Christian Princes, did oppose Eugenius the fourth, Naucler. gener. 48. p. 275. about a translation of the Council of Basil which he would have made, and they caused it to continue, in such sort that he himself was there deposed. The Emperor Maximilian, and King Lewes the twelfth proceeded to the convocation of the second Council of Pisa, to reform such disorders as were in the Church, Acta Concilii Pisani. 2. seeing that julius the second made no reckoning of them. The Emperor in his command saith among other things, That the Pope and Cardinals not performing their duty in this particular, he would not do as they did, for fear lest God should accuse him of negligence: inasmuch ●s they behaving themselves negligently herein, we (saith he) as Emperor, Protector, and defender of the holy mother Church, are bound, forasmuch as lies in our power, to relieve so great necessities. Princess to see to ●he reformation of ●he Church. King Lewes sent out a commandment of the like nature, which begins thus; Be it known unto all and every man present and to come that as our ancestors have always been not only favourers and assistants, but also most vigilant champions, most good and constant defenders of the Christian faith, and the holy Roman Church, in all matters of importance, without sparing any pains or dangers we, following the steps of our predecessors, considering what great profit general Counsels have brought to the Christian Commonwealth, and what damage the Church Catholic hath received by the intermission of them, and the gr●at necessity which there is at this present, to assemble a Council of the Church Catholic for the rooting out of heresies, schisms and factions in diverse parts of the world, for the reformation of manners in the Church, and punishment of crimes which are too notorious, too lasting, and incorrigible both in the head and members, to establish the peace of Christians, to discharge ourselves of our duty towards God. We have deputed our wellbeloved and trusty Mr. john de Biragua Chancellor of our Exchequer for the Duchy of Milan, Balthasar Plate another of the Proctors of our Exchequer, to signify and assemble a general Council in our name, or together with our well-beloved brother Maximilian the most sacr●d Emperor, etc. 14 This is not the first time that our Kings have travailed abo●t the Convocation of General Counsels. Charles the sixth bestirred himself to remove the schism which was betwixt Bennet the thirteenth, and Boniface the ninth, and to dispose all the Princes of Christendom for the same design, according to the testimony of an English Historian; He heard with patience (saith he) the Legates of either Pope: but by the advice of his divines he would not submit himself, neither to the one nor the other. Guliel. Neubrigensis l. 4. c. 1. He rather thought upon a means whereby he might relieve the Church by removing out of her all matter of dissension. Having therefore sent his Ambassadors to the Emperor, (whose authority, faith and affection ought to surpass that of other men) as also to the Kings of England, Bohemia and Hungaria, he conjured them not to be wanting to the public good and tranquillity. All men of any judgement do well know that the peace of the Church must come out of this quarter. This may be done when it shall please the divine bounty to touch the heart of our Sovereign Prince, who hath greater means than any other to acquire this honour. God hath made him peaceable, that so he may procure this good to Christendom. O great Prince hearken to the complaints which your University of Paris addressed to King Charles the sixth, one of your Predecessors, and apply them to yourself. 15 Endeavour for this peace, Epis●ola Vniversitatis Paris. ad Carolum 6. p. 7. and for the safety of your foster mother the Church, and employ to that end (most Christian Prince) all your strength as you have begun to do: cure this malady: look upon her which is desolate: have pity upon her which is oppressed: relieve her which is undeservedly dejected: stretch forth your helping hand to her which is extremely weak, and which is not able to rise out of her bed: Do not defer any longer to hear her which implores your aid with continual sighs, and plaints, and groans: Prefer this before all care of temporal things, how profitable and useful soever they be. This only business ought to be preferred before all others, inasmuch as all others will have a more happy success by reason of this, and the honour of your Kingdom, which you have got by your ancestors shall be preserved unto you and to this Realm. O that you would remember that you alone do not bear the title of [most Christian] in vain, but because that your ancestors did ever succour the Church in all her necessities above all others. Petitions made to Kings for reformation. Lose not this privilege, this so noble and magnificent title. Do not suffer any man to take this honour from you. Do not suffer yourself to be outvied in it: Defend your right, your name, your honour, let the hopes of all Catholics, and your brethren in Christ move you, which in this matter depends totally upon your person: for both all Catholic Princes, and all others do wait upon your hand in this affair, as upon him to whom it does belong most of right, of custom, of power, and other respects. Let the renowned and immortal praise of the thing itself move you to erect a perpetual monument of your name, in the hearts and mouths of all men. Conrade de Gerlenhusen praepositus Ec●les Wormat. in tract. de S●hismate pag. 96. 16 A Germane Devine, Provost of the Church of Worms, made a petition and exhortation almost like the former, which he exhibited to one of our Kings: whether it was to the former or no, I know not; but at least thus much we know, he 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 address 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 mind, O Prince, upon such things as belong to Princes, so shall you be above the Heads. What will you think upon then? surely upon this, that peace may be made by your Prowess. You think upon this that you are a King: think also that if you would reigle long in happiness, it is written of you; The King which sits upon the seat of justice ●●th disperse all evil. Let no man seduce you by vain words. Honour and fulfil your ministry. But how? Certes that such as are far off and such as are near, may both have peace by your means: that the rents of holy mother Church may be sowed up by you: I say the common mother both of you and us: who hath fed you with her breasts, from whose mouth you have received the honey of regeneration, and the milk of Christian doctrine: a stream of blood, springing from the side of her spouse, who was stretched out for you upon the tree of the cross, 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 he adds, 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 be a General Council called, at which without the effusion of blood, by the grace of God, all things may be reduced to peace and concord. 17 Now this Prince, whether it was Charles the sixth or the seventh, (for it must be one of the two) put his hand to the reformation of the Church pretty handsomely. For under the first there was a kind of neutrality 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 Council 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 certain bound● and limits. To which Council he did contribute his Ambassadors, and many learned Divines; among the rest the great Cardinal of Cambray, Mr. john Gerson, as also the University of Paris, which had no mean authority there, as we collect from the Acts themselves. Nauclerus generat. 48. Under the other were holden the Counsels of Pavia, Sienna, 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 Kingdom, the most useful and most commendable Ordinance that ever was made in France: which hath been since the butt against which the modern Popes have levelled all their curses; having lopped it so near that there remains nothing but the trunk, which they never yet knew how to reverse: namely that Decree which contains the authority of a Council above the Pope, and another concerning Annats. Church-lawes made by Emperors. 18 The Emperor Charles the fifth, and Charles' the ninth, King of France, have sufficiently showed what power they had in the Church; considering that during the time of the Council of Trent they endeavoured to compose the differences which were in their Empire and Kingdoms concerning point of Religion. They made things be disputed in diverse Imperial Diets: and at the conference of Poissy. They made Ecclesiastical laws, as namely that of the Interim for Germany, 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 Council itself. CHAP. VI That Emperors and Kings have in all ages made some Laws concerning Ecclesiastical polity and discipline: and that they had power so to do. 1 HE should show himself a mere ignorant in law that would deny that Christian Kings and Emperors have at all times made laws for the polity, government, and discipline Ecclesiastical. For proof whereof he need but read the sixteenth book of the Code of Theodosius, the first of justinian's, the novel Constitutions of Theodosian, Valentinian, and other Emperors, which are put after the same Code of Theodosius: those of justinian, and his Edicts: those of Leo and the other Emperors which ruled the Empire after justinian: some whereof are added in the late impressions of the body of the Civil Law: and other some are to be found in the Ius orientale de Benefidius, and in the book entitled Ius Graeco-Romanum. As also the Capitulary of Charles the Great, with diverse other Ordinances of our Kings of France made about this particular, which may be read in the Collections of them. From which it will appear that there is no part of Ecclesiastical discipline, which hath not been managed, regulated, reformed, and purged by them, as need required. 2 Well fare Doctor Espenseus, Claudiu● Espenseu● in comen. in Epist ad Titum cap. 3. digress. 10. who when he is speaking of this Royal power, and shaping an answer even to those that do Princes so much honour as to make them mere executioners of the Decrees of Clergy men, not having any authority 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 laws and Imperial Constitutions about Ecclesiastical matters in the Code, the Novels, and the authentics? Why so many Royal Edicts and Decrees of Senate's extant in the Annals of all Christians? I know what the matter is; when the fires were kindled over all France to burn them all alive, Religion was then a case Royal. But when the question is about a necessary reformation of the Clergy or Monkery, or sending Pastors home to their flocks, this is a case Synodical or Papal: For as I remember I have heard some distinguish so, and those eve●●●●hops themselver. As if Princes were no more but mi●isters of another zeal (ofttimes indiscreet and without knowledge) that I say not executioners of cruelty: Church discipline anciently prescribed by Kings. and not rather Guardians, Protectors, and external defendours of all the constitutions of the Church, as her children. 3 But let us here show by good examples and sufficient testimonies in what fashion Secular Princes have meddled with such things as concern the Church. The first lesson which God gives the King, which would be established over his people, is this; D●ut. c●p. 17. ve●s. 18,19. It shall be when he sitteth upon the throne of his Kingdom, that he shall write him a copy of this law in a book, out of that which is before the Priests, and the Levits. And it shall be with him, and he shall read therein all the days of his life: that he may learn to fear the Lord his God, to keep all the words of this law, and these Statutes to do them. According hereunto the Lord speaks thus to joshua, whom he had chosen to be the governor of his people after Moses. josh. 1.8. This book of the law shall not depart out of thy mouth, but thou shalt meditate therein day and night: that thou mayest observe to do according to all that is written therein. 4 Let us now see how these Kings and Governors behaved themselves in the ancient Church, and the power which they took upon them without rebuke, or to speak more properly, with approbation. 1 Chron. c. 23. vers. 2,4. David gathered together all the Princes of Israel, with the Priests and the Levits. Of which twenty and four thousand were chosen to set forward the work of the house of the Lord: and six thousand were Officers and judges. Moreover, four thousand were Porters, Vers. 5. and four thousand praised the Lord with instruments which he made to praise therewith. And David divided them into courses among the sons of Levi. And a little after, Vers. 6. Ve●s. 13. And Aaron was separated that he should sanctify the most holy things, he and his sons for ever, to burn incense before the Lord, to minister unto him, and to bless his name for ever. All this concerns the discipline of the Church: and yet all was done by the conduct and command of David. King Solomon built the Temple of the Lord in jerusalem, by the special appointment of God. 1 Chron. c. 22. vers. 9,10. The son that shall be borne to thee, shall be a man of rest. He shall build an house for my name. David would have built the temple himself, but he was forbid by the Lord, because he had shed blood. King joash repaired it afterwards. 2 Chron. c. 24. vers. 4,5,6,8. And it came to pass after this, that joash was aminded to repair the house of the Lord. And he gathered together the Priests and the Levites, and commanded them to go out unto the Cities of judah, Vers. 7,8. and gather out of all Israel money to repair the house of the Lord from year to year. And when the Levites hastened not the King called for johoiadah the chief, and said unto him, Why hast thou not required of the Levites to bring out of judah, and out of jerusalem the collection? And at the King's commandment they made a chest, into which every man brought his share and portion that Moses had laid upon them. This money was brought unto the King, and distributed by him and the high Priest amongst those that wrought about the temple. 5 The Emperor Charlemaigne, who was as great in Ecclesiastical policy, as in feats of arms, speaks on this wise to the Clergy of his Empire, in the preface of his Capitulary, We have sent our Deputies unto you, to the intent that they by our authority, Capi●ul. Caroli. Magni in praes. may, together with you, correct what shall stand in need of correction. We have also added certain Chapters of Canonical ordinances, such as we thought to be most necessary for you. Let no man I entreat you, think or censure this pious admonition for presumptuous, whereby we force ourselves to correct what is amiss, to cut off what is superfluous, and briefly to compact what is good. But rather let every man receive it with a wellwilling mind of charity. For we have read in the book of Kings, how joas endeavoured to restore the Kingdom which God had given him, 〈◊〉 ●he service of the true God, by going about it, by correcting and admonishing it. 6 We have elsewhere said that he discoursed himself about points of divinity at the Council of Francfort. P●●nc●s may not preach nor administer the Sacraments. Nor do we ever find so many Synods holden as in his reign, and all by his command: which is a fair precedent for his successors. Regino sub ann. 81●. By his command (saith Regino) there were Counsels celebrated in all parts of France by the Bishops, about the state of the Church. One was held at Mentz, another at Rheims, a third at Tours, a fourth at Cavaillon, a fifth at Arles; and the several Constitutions which were made in every one of them, were confirmed by the Emperor. Besides these five which were held in the year 813, namely but one year before his decease, he called one at Worms, the year 770. One at Valentia in 771. Another at Worms in 772. Another at Genes the year 773. Another at a place called Duria, in 775. Another at Cullen, 782. A third at Worms● 787. Another at a place called Ingeluheym, the year 788. And a General one consisting of all the Western Churches, at Francfort, the year 794. Besides others which may be observed out of histories. 7 See now then how Kings have a commanding power over the Clergy; how they make Ordinances about such things as concern Ecclesiastical discipline; how they engage themselves in such matters above all others; yet not so as to minister in the Church, to offer incense, or such like. For this belongs properly to the Church, and cannot be taken from them. This is the reason why King Hezekiah speaks thus to the Priests and Levites, when he exhorts them to do their duty. 2 Ch●. 29. 11. My sons be not now negligent; for the Lord hath chosen you to stand before him, to serve him, and that you should minister unto him, and burn incense. He calls them sons, or children, (that we may observe so much by the way) whereas our Canon law on the contrary saith, that Bishops are the fathers and masters of Kings and Princes, as we have ●eene already. It is not lawful for Princes so much as to touch this mystery: and this is the reason why King Vzziah was smitten with a leprosy, 2 Ch●on. 26. 16. etc. because he had taken upon him to offer incense upon the altar: and the Priests withstood him. From whence our Popes make a wondrous ●●range consequence, when they conclu●e from hence, that Kings and Emperors cannot in any sort meddle with any thing that concerns the Church, save only so far forth as they are commanded by them. Pope Paul the third serves himself of this instance against the Emperor Charles the fifth; being vexed at some Decrees which were ma●e concerning Protestants at the Imperial Diet of Spire, ann. 1544. Sleidan lib. 1●. not contradicted by Surius and Fontanus. Vzziah (saith he) was an excellent King, and yet for all that became a leper, God so punishing his presumption, because he would have burnt incense upon the Altar. It is a work well pleasing to God, to have a care of his Churches; but that is the Priest's office, not yours; but it belongs especicially to me, to whom God hath given the power of binding and losing. The Kings of these days must ●ot meddle with the administration of the Sacraments, the performing of Ceremonies, the preaching of the word, nor other such Ecclesiastical offices. But for the ordaining and making of Ceremonies, for the reformation of abuses, the extirpation of schisms and heresies, the polity of the Church, and such like things, they both may and must look to them; and have always done so: either by having a hand in them themselves, or commanding them to be done, or by confirming the laws and statutes and ordinances concerning them. 8 We will here observe by the way, that the Emperor, the Kings of England and France, have a more particular right and privilege in the Church than others, by reason of their Unction: at least if we take Balsamon the Patriarch of Antioch his words for it; Balsamo in c. 696 Synod● in Trullo. p. 238. who commenting upon the 69 Chapter of the Council in Trullo saith, The Orthodox Emperors that promote the Patriarches, with invocation of the blessed Trinity, and are the anointed of the Lord, King's pow●r in the Church confessed by Counsels. go in to the blessed altar when they please, and offer incense, and imprint the character with a triple wax, aswel as Prelates do, yea they teach the people to instruct them. And he afterwards adds, Forasmuch as he that is now Emperor, is also the Lords anointed by reason of the Chrism, that is, of the unction of the Kingdom, and that Christ our God is reckoned for a Priest aswell as others, he is also justly endowed with priestly graces. Some are of opinion th●t this is the reason that our King of France receives the holy communion under both kinds; that he is served by those Clergy men which are most eminent in dignity, as the Archbishop Cardinals, as when the kiss of peace is to be given in the Church, they must bring it him, or for saying grace at his table, and such like. ●ut let us hold on our former course. 9 One of the greatest arguments we have to justify this power, is, that Counsels themselves have confessed it, and have recommended such constitutions to our observation. The sixth General Synod, called in Trullo, declares, That they observe the Canon which was made by their predecessors, Sexta Synod. in Trullo. c. 38. Et Balsamo in candem p. 219. which says thus, If any city by the Emperor's power have been made anew, or hereafter shall be made, let the order of things Ecclesiastical conform unto the order of Civil and Politic affairs. Where Balsamon the Patriarch makes this exposition; This present Canon doth ordain that such cities as are preferred by the Imperial power, or hereafter shall be preferred, be honoured by the Churches in such sort as the Emperor's command shall prescribe. That is, be accounted Episcopal or Metropolitan Sees. For it is fitting the Ecclesiastical order follow the Civil command. We say likewise, that by this present Canon the Emperor hath power to erect new Bishopriques, and prefer others to the dignity of Metropolitans; and set a form for the election to them, and other administration of them, so as he shall think good. According hereunto the Primacy of the Church was conferred upon Boniface the fourth, by the Emperor Phocas. Mart. p. 336. He obtained of the Emperor Phocas (saith Martinus Polonus) that the Church of the Apostle Saint Peter should be the head of all Churches, because that of Constantinople did pretend to be the chief. Can Constantin●s. 10 The Popes have been so well pleased to receive this Primacy at the hands of Princes; that they have even made Constantine the Great speak of it in the fabulous instrument of his donation. And giving over that they brag, That the Church of Rome erects Patriarchships, Primacies of Metropolitans, Bishops Seats, and the dignities of all orders of Churches. Can. Omnes. dist. 22. For these are Pope Nicholas the second his own words, in his Epistle which he writ to the Milanois, which is recorded in the great Decree. Which the later Popes known well how to practise; insomuch that Pope john the twenty second, made horrible alterations in our France within a little time. For he erected the Church of Tholouse to an Archbishoprique: Appendix ad Martinum Polonum in joan. 22. sub ann. 1317. divided the Diocese of Tholouse into six Bishopriques, the Bishops whereof should be Suffragans to the Archbishop of Tholouse: and turned six Villages into Cities, to wit, Montauban, Rieux, Lombez Abbey, St. Papoul, Lavaur, and Mirepoix, lodging the Bishops in them, and erecting the Episcopal Seats there, assigning to every o●e his proper Diocese. He created two Bishopriques within the Archbishoprique of Narbon, the first at Limoux, whose seat he translated to Alet not ●●ng after; the second in the Abbey of Saint Pons, setting out their Dioceses. He divided also the Bishoprique of Alby into two, and created one at Castres'. He erected diverse others beside, which are reckoned up in particular ●y the author of the continuation to Martinus Polonus, from whence I borrowed the former passage verbatim. But let us return to our former discourse. 11 A certain Council of Paris holden under Lewes the Gentle, saith, that the Church approves and observes a constitution made by the Emperor justinian concerning excommunication. Ecclesiastical law●s made by Emperors. As concerning unlawful excommunication (saith it) the law of the Catholic Emperor justinian (which the Catholic Church doth observe and approve) hath ordained, that no Priest shall excommunicate any man, till such time as the cause be proved for which the Ecclesiastical Canons do command it to be inflicted. Can. de illicita. cause 24. q. 3. This very constitution on justinian hath been followed and allowed by our Popes, as they themselves do testify in their Books; and the addition made unto it by the Gloss, is remarkable. So for a long time, about eight hundred years, the Emperors made laws concerning Ecclesiastical persons, and affairs; and the Church obeyed them. This Gloss was afterwards put out, because it told too much. 12 At the Council of Meaux held in the year 945, it is said, Conc. Meldens'. Cap. 78. To. 3. Concil. Conc. Meldens'. Cap 28. Tom. 3. Con●. p. 872. That the Capitulary laws concerning the Church, which were made and set out by the great Emperor Charl●maine, and by the Emperor Lewes, be strictly observed, as 'tis known that laws should be observed. The same Council entreats King Charles the younger; To grant the Bishops a freer liberty for the execution of their ministeries in their Parishes. The same Charles the Great had ordained in his Capitulary, ●apit Car●li Mag●●, l, 1 c 91 That to every Church there should be given only one entire Manor, without any other service: and that such Priests as are ordained and established in them, shall not be tied and boun● to do any other service but Ecclesiastical, for and in consideration of the tithes, and oblations of faithful people● houses, base Co●rts, or gardens adjoining to the said Churches, nor for the Manor aforesaid. Can. secundum● 23 q. 8. A certain Council held at Paris, doth commend and follow this same Ordinance, and our Popes have canonised it. 13 The Council of Pavy, holden under the Emperor Lewes the second, in the year 855, addresseth these words unto him; Con●. Ticinens. c. 11. tom. 3. Conc. pag. 894. As for the reparation of Churches, the Chapter which was made by your Predecessor is sufficient. But that it may be observed, it stands in need of your admonition. So likewise forasmuch as concerns places for the entertaining of strangers, that which is set down in the capitulary ought to be observed. 14 The Emperor justinian in one of his Edicts, doth excommunicate all heresies● and that of Nestorius and Eutyches in particular. L. Cum recta. C. de summa trinitate. We anathematise all heresy, and especially that of Eutyches and Nestorius, as also that of Apollinaris. He further ordains, that if the followers of that sect do not return after the warning which should be given unto them, by virtue of his Edict, That they should not look for any favour or pardon, commanding that they should be punished with condign punishment, as convicted and denounced heretics. This Edict was commended and approved bp Epiphanius Patriarch of Constantinople, and by a good number of Bishops, which were then at Constantinople, as the same justinian affirmeth in one of his Constitutions directed to him: where after he hath rehearsed the tenor of the said Edict, L. Come velim●● C. de Sa●●os●ncta Eccles. These are the things (saith he) which by our divine Edict we have condemned in the persons of heretics; to which all the most holy Bishops and reverend Abbats, which were then present in this City, have, together with your Holiness, subscribed. Pope john in the answer which he made to the same Emperor, hath such another confirmation. We have been informed (saith he) by the report of Hypatius and Demetrius, that you, being stirred up by the love of the faith, for the abolishing of the opinions of heretics, have set out an Edict; following therein the Apostolical doctrines and with the consent of our brethren and fellow-Bishops: which we by our authority do here confirm, as conformable to the Apostolical doctrine. Pope John's successor would say now adays, That it does not concern him to intermeddle so far in divine matters. He goes further yet, for he prays justinian that he would mitigate this his Edict towards such as would repent. Church laws made by Princes, admitted by Popes. Forasmuch as the Church doth not shut her bosom against those that return unto her: I entreat your Clemency (saith he) that if they will return to the union of the Church, by forsaking their errors, and casting off their bad intention, that you would turn the edge and point of your indignation from them, by receiving them into your communion, and admitting them into your savour upon our intercession. Concilium Tribunarium apud Rhab●num. 15 A certain Council held at Tribur under King Arnold, which is extant in a Book of Rhabanus, hath this preface: In the 895 year of the incarnation of our Lord● the glorious King Arnold so journing at Tribur, there were twenty six Bishops assembled, and to the number of a hundred Abbats of Monasteries; whom the same King commanded to treat of Ecclesiastical laws, and promised to show himself a most devout coadjutour for the reestablishing of the Canons and Decrees; as also the Constitutions of his ancestors, which are contained in their Capitulary, so far forth as he should find them enfeebled. He assisted also the Bishops and the holy Synod by his authority Royal, against some secular persons who would have infringed the Episcopal authority: and those capitulary Laws which are hereafter set down, were published and approved by him. Marsili●s Paduanus in defence. pacis. cap. 21. pag. 318. Can. de Capitul●● 19 dist. 10. 16 As for the Popes, In former times they did not only not contradict this, but rather became supplicants to Emperors for the obtaining of such rules and Ordinances, saith Marsilius of Milan. And indeed Leo the fourth writes to the Emperor Lotharius in this manner: As for the Capitulary Ordinances and Imperial Constitutions, as well of yourself as of your predecessors, we declare unto you that we will observe and keep them exactly, both at this present and for ever hereafter, so far forth as we are or shall be able: and if perchance any man either hath or do inform you otherwise, know for certain that he is a liar. See here a fair promise, which was canonised in the Decret, but it serves for nothing there but tapestry. Can. legem. dist. 53. 17 The Emperor Maurice set out a prohibition in one of his Constitutions, That such as were bound to bear arms, or to other public services, should not be admitted into any Ecclesiastical habit, nor into any Monasterries, seeing by that means they thought to secure their affairs. Gregory the Great sent this Edict to the Bishops of Sicily, recommending the observance of it unto them. Which was approved by his successors who have canonised this Epistle of his. 18 Pope Gelasius recommends the observance of laws made by secular Princes about Ecclesiastical matters. Can Quis aut leges. dist. 54. Who dare say (saith he) that the laws of Princes, the rules of Fathers, or the new admonitions may be slighted? And he afterward speaks of two natural borne slaves who had been made Deacons in the Church contrary to the said laws. One of the Bonifaces writ thus to the Bishops of France, Can Si inter. Caus. 6. quaest. 4 If any doubt do arise about Ecclesiastical law or any other matter, betwixt any two Bishops belonging to the same Council, let the Metropolitan in the first place judge of it, at the Council with the rest of the Bishops: and if the parties will not stand to that judgement, then let the Primate of the Country have the hearing of it, and determine of it according to the Ecclesiastical Canons, and your own laws; and neither of the parties shall have power to contradict it. Which is avowed in like manner by his successors. 19 We have elsewhere handled many points which concern the authority of Kings and Princes; as the calling of Counsels, the presidence and judgement in them● the authorising of them, the election or nomination to Bishopriques, the jurisdiction over Clergymen, and other things of like nature, which it is not necessary to reinculcate here. Vid. ●us Graeco-Romanum. to. 1. lib. 5. pag● 517. We will add for a close that famous passage of Demetrius Archbishop of Bulgaria, which contains a great part of all that goes before, and with which for that reason we will conclude. He therefore in one of his responses to Constantine Cabasilas Archbishop of Dyrrhachium, saith; Spanish and French quarrel for precedence. The Emperor, being as it were the common knowing Monarque of the Churches, doth preside in Synodical determina●ions, and makes them be in force; he prescribes Ecclesiastical Orders: he sets laws to the lives, and polity of such as serve at the Altar, as also to the judgements of ●ishops and Clerks, and to the suffrages of vacant Churches: he prefers from a lesser honour to a greater, as by erecting a Metropolitan Church in stead of a Bishoprique, thereby adorning either the virtue of the man or the place. And, that I may speak in a word, save only the administering of the Sacraments, the Emperor represents all the Pontificial privileges, when he proceeds in a lawful and Canonical way. CHAP. VII. Of other prejudices concerning the King of France and his kingdom in particular; and first of precedence. 1 ALL the former discourses are interwoven of the rights and liberties of the Realm of France, Of this point ●●e more in Vignier de Bar. Augustinum Cravaliz, and other Authors c●●ed by M. Selden, Tules of honour. Part. 1. Chap. ●. and the Gallicane Church. There remains yet some few, which we could not conveniently rank elsewhere, whereof we shall speak in this place, and show the prejudice which is done unto them by this Council. The first shall be about the precedence which belongs unto our Kings before all others; which notwithstanding was denied unto them before him of Spain, and put in compromize, not without an apparent blemish to their sacred Majesties. The Council indeed did not judge for the King of Spain, but they declared, Ad finem Sess. 25 Decemb. 4● That they meant not that any prejudice should accrue to such as had not taken their place. But inasmuch as they suffered that controversy, without passing their sentence upon his side, who had both the right and the possession, and to whom the Church of Rome is so much beholden. This is sufficient cause of complaint. Thus another man's right is encroached upon by degrees; it is enough at the first that a doubt is made of it, he may in time gain upon it, seeing he is already as it were in a parity. The libels which were put in concerning the precedence of the King of Spain do sufficiently show us, what prejudice the toleration of a Council hath done unto our kings. But it is expedient that we relate the whole story of what hath ensued upon it. 2 The Count de Luna, Ambassador of King Philip of Spain, when he came into the Council the 21 of May 1563, seeing the Ambassadors of France had taken their place immediately after the Emperors, went and ●ate down next to the Secretary of the Council, making this protestation in Spanish. Albeit the first place after the Emperor's Ambassadors belongs unto me as I am such an Ambassador both in this place and company, V. Historiam Concilii Trid. lib. 8. and every other, which before all things I do here declare and protest, yet not to disturb the things which are here handled, nor give occasion to any man to retire, I take that place which is assigned unto me, using it for the present, and will use it so long as I shall think fit; yet in such sort, that I would have every man to know well (which I do here declare and protest) that this my modesty and the regard which I have to the wholesome consultations of this sacred Assembly in general, Protestations of the Ambassadors. can be no prejudice to the dignity, majesty, and right of King Philip my master, nor his posterity, and that this right shall be no less saved and entire unto him for the present or upon other occasions; which I would have reserved unto him both in these actions and all other in all other places, and at all other times, to the intent that they may always prosecute and maintain these rights, and this claim as well as if that place which belongs unto me here and at this time as an Ambassador of such quality had been granted unto me, disclaiming any thing that shall be objected by any man against this my asseveration and protestation, so as it be no wrong unto them Which protestation of mine contained in this libel, I desire the most holy Fathers may be written and inserted among the Acts of this most sacred Synod, and that it may not be lawful to publish the Acts without it, and a copy thereof to be given unto me, signed by the Secretary. Extat haec protestatio & responsio in Actis Concilii Trid. Lugduni impressis apud Rovillium ann. 1566. pag. 285. 3 The French Ambassadors, without being dismayed at this Rodomontado, modestly answered in these terms, If we should have sat to day in this Council in any other place than our ancestors formerly did, and even of late in the Council of Constance, and the last of Lateran, where they sat next after the Emperor's Ambassadors, before the Ambassadors of all other Princes, and if this new place which the Count de Luna, the most illustrious Ambassador of his Catholic Majesty, doth now go to take, out of the rank of the Ambassadors, could bring any prejudice to us or other Ambassadors, it were your part (most holy Fathers) which do here by your noble office represent the Church Catholic, to cause us to be ranked in our ancient order, or else proceed against us by Evangelicall de●unciations. But seeing that you are silent in the matter, and that the illustrious Ambassadors of his Imperial Majesty, to whom the case is common with us, do not oppose themselves against this innovation, we, who do this day preserve the possession of their ancient right unto our Kings, amongst the rank of Ambassadors, being placed next to the Ambassador of his Imperial Majesty, and who make no doubt of the faith, amity, and affinity of Philip the most great, and most puissant Catholic King, to Charles' his brother the most Christian King, who is under age; we only desire of you, that you would so conceive of what hath been done, and said this day, by the most illustrious Count de Luna, that no prejudice may accrue to the ancient prerogative, and perpetual possession of the most Christian King, and that you would command, that this also be inserted in the Acts. 4 See here the beginning of the quarrel, which shows a resolution on the Spaniards part, to change his place, and gain the Priority. Wherein he was backed out by Pope Pius the second; who using all the power he had in this Council, sent a peremptory command from Rome, that the Ambassadors of both the Kings should be censed at the same time. Hear what Onuphrius Panuinus saith of it, At the Council of Trent there was a great controversy because the Ambassadors of the two Kings were censed at the same time by special command from the Pope. He saith truly that there was a great controversy, for the Lords of Ferriers and Pibrac took the Pope up for it with pretty tart terms, saying amongst other things, as appears by the Oration delivered toward the end of September 1563. That in stead of bread he gave his eldest sons Scorpions; that they laid the blame of all that was done to their Prince upon him, that he robbed his eldest son of the honour which is due unto him; that he arrogated unto himself power and authority over the Council; that he prescribed unto it, what it shall do; that the French will not acknowledge him for Pope: and see what they did. After that the French Ambassadors had commanded the Prelates of France, that they should depart from the Council, they themselves retired to Venice. 5 We will now set down some passages out of the Acts of that Council, 〈…〉. to show how those Fathers are not content to wrong our Kings indeed, but are further ambitious to make it appear in writing. Pope Paul the third in his Bull of 1542. by which he called the Council, doth indeed give that honour which is due unto the King of France, ●●●king him in this order, in that exhortation which he makes to Kings and Princes, Praying (saith ●e) the foresaid Emperor, the most Christian, and all other Kings, Dukes, and Princes, whose presence will be very useful, to come themselves in person to the celebration of this sacred Council. In the 8 Session ●●●er Paul the third, the Precedent of the Council speaks in this manner. That they will go on successively, till it shall seem expedient to our holy Father, ●ho having communicated his Council and advice with the most victorious Emperor, the most Christian King, and other Kings and Princes of Christendom, the Council may and aught to be assembled in this place. 6 All this goes well yet; but for all that, we do not take it as a courtesy: there could be then no question of the precedency, because the King of Spain was Emperor too; and, as such, took place of the King of France. Now after that Ferdinand succeeded Charles the fifth, and there was a King of Spain in several, the Pope and the Council altered their s●ile. Pius the fourth in a Bull of 15●0, for the continuation of the Council, Having acquainted (saith he) with our purpose our well-beloved son●es in jesus Christ Ferdinand Emperor, elect of the Romans, and o●her King's and Prince's, that they send their Ambassadors, etc. And the Council itself in the tenth Chapter of the ninth Session under Pius the fourth, Wherefore it adviseth the Emperor, Kings, Commonwealths, Princes, etc. And in the Acclamations at the end of the Council worst of all. Blessed be the memory (say they) of the Emperor Charles the fifth, and of those most serene Kings, that promoted and protected this General Council. Resp. Amen, Amen. Many years to the most Serene Emperor Ferdinand ever-Augustus, Orthodox and peaceable, and to all other Kings, Commonwealths and Princes. 7 See here as sad an end for our Kings as the beginning was pleasing. In the Catalogue of the fathers and Ambassadors they are diversely ranked, but still to the disadvantage of France. In the edition at Lions in 4, printed by Rovillius ann. 1566; as also in the French translation by Gentianus Hervetus, printed 1566, and in the collections of the Orations spoken in the Council, printed at Paris 1563, this title is put before it, The catalogue of the Ambassadors whose names are here underwritten, according to their coming to the City of Trent. And afterwards the Ambassadors are so ranked, that the French come after the Spanish. And in the catalogue of the Council in Latin printed at Anvers 1596, and another at Lions by the same Rovilliu● ann. 1584., the French Ambassadors are placed next after the Emperors; but it is afterwards said. That the King of Spain's Ambassador, or Orator, sat by himself, by reason of the controversy which a●ose betwixt him and the Ambassadors of the most Christian King. See here a suit for our Kings, which they may thank this Council for. They can never approve the Acts of it, without doing unto themselves a most gross prejudice. That will be as much as giving the King of Spain a title, whereby he will endeavour to make his cause good hereafter. And there is no other way to ward this blow but by rejecting the Council: considering withal the great favours done by it unto the King of Spain, not only in this but all other things. So when there is any occasion of making answer to his Ambassadors, this Council cannot find words significant enough to express their commendations, wherein it is too excessive; and on the contrary, too reserved and sparing when there is any question about them of France. And in stead of what Pope Gregory said, French took place anciently, as at the Lateran Council. who compared the faith of our King● to a great light shining in the dark; ranking them by that means, above all other Kings, in honour and dignity: The Council on the other side gives this prerogative to the Kings of Spain, giving them the honour to be the chief a●●ngst all Catholic Princes. Amongst whom (saith it, Greg. Maguus in registro l. 5. c. 106. Responsio Conc. Tried ad Marchionem Piscar. speaking of Kings and Princes) King Philip (Facile Princeps) the prime man, offers all his studies, industry, means and endeavours both of body and mind. 9 One of the Precedents of that Council, speaking of the Kings of France and Spain, in a certain book of his, puts the French King behind. For disputing against Brentius he saith, But what a thing will this be if those be not religious whom the Catholic Church holdeth for such? Stanislaus Hosius l. 1 de legit. ju●iciis circa Principium. As for the Kings of the Romans, of Spain, France, England, Portugal, Hungary, Poland, Bohemia, Scotland, and all other Christian Princes, I doubt not but they are godly Princes. I know very well that in writing that order is not always observed which belongs unto the persons spoken of: but for him who had been Precedent in the Council at that very time when the controversy arose, he cannot excuse himself from malicious and fraudulent dealing towards our Kings. 10 Besides, their right was so apparent that there could be no question of it. In former Counsels they had always taken that place without any controversy. The Acts of them are a sufficient proof of it; and amongst other of that of Lateran, which begun 1512, and ended 1517, under julius the second● and Leo the tenth. Where in the eighth Session the Ambassadors are ranked in this order. The magnificent Signior Lewes de Solier, Ambassador of the most Christian King of France. The magnificent Signior jerom de Vic, Ambassador of the Catholic King Ferdinand of Arragon. And in the ninth Session. The magnificent Signior Lewes de Solier, Ambassador of the most Christian King of France. The magnificent Signior jerom de Vic, Ambassador of the most Catholic King of Spain. The same is again repeated in the tenth Session. AEneas Silvius l. 1. commentar. Concil. Basil. 11 AEneus Silvius, who was afterwards called Pope Pius the second, in the Acts of the Council of Basil, ranks the Kings of France and Spain in this order; Of the Emperor's Ambassadors the Bishop of Lubes, the Lord George of the French, the Archbishop of Tours, the Bishop of Troy's, and others of our Colleagues, except the Archbishop of Lions Of the Castilians● only the Archbishop of Consentia. Of the Arragonians, not a man: howbeit it was afterwards said, that the Bishop of Albigeaune, and Francis Barbarianus, who came for Milan, had undertaken for the King of Arragon. In the edition of the Counsels of Constance and Basil, printed at Milan by Gotardus Ponticus ann. 1511, there is a picture at the beginning and end of either of them, where the King of France is placed next to the Emperor. 12 There is likewise a very ancient book called, The Provincial of all the Churches, where after it hath reckoned up all the Archbishopriques that were at that time in Christendom, it placeth the Emperors and Kings in this manner: Christian Emperors. The Emperor of Rome. The Emperor of Constantinople. Christian Kings. Opinions of Doctors concerning precedency. The King of France. The King of England. The King of Castille and Leon. The King of Sicily. The King of Arragon. The King of Hungary, etc. 13 The French colours (saith a B●ldus consil. 418. Baldus) march always foremost; and no other King whatsoever may go before them. And elsewhere, b Idem in commen●. ad librum de feudis tit. de prohibit feud. alienat p●r Freder. num. 24 The King of France is above all other Kings. Our Doctors marshal the Kings so that they always put him of France in the fore front; as c Alber●●us de Rosat in rubr. Digest. de stat. ●●●in. Alberi●us de Rosate, d Anton Corset. in tract. de potest reg quaest. 21. & 2●. Antonius Corsetus, and e Guido Pap● de 〈◊〉 239 Nicolaus Boer●u● in ad li●●on. ad t●actat. de authorit. Sacr. mag. Concil. ●hassanaeus in 5 parte Catalogi Gloriae mundi confid. 31. others. Some of them tell us, that if he be walking with the Emperor, at the going in at doors, and other straight places, they enter both together sidewise, and the one doth not go before the other. Boniface f Bonifacius de Vitaliani● in prefat super Clement. de Vitalianis witnesseth that at Rome in his time he that spoke of a King without addition, was supposed to mean the King of France. An ancient Greek g Suida● in verbo 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. lancelot. Con●adus Laudens●● in Templo omnium judicum. lib. 1. cap. 2. §. 3 num. 12. author saith the like for his time. An English Historian saith, the King of France is accounted the chief amongst all Kings. In brief it is the common opinion of all the Doctors that ever writ of it: to seek no further, even of the Spaniards themselves. 14 I will content myself with setting down here in this place what hath been spoken of this point by one of the King of Spain's own subjects. Lancelot Conrade by name, as considering that his testimony is authentic and void of all suspicion. The Doctors (saith he) do sometimes dispute which of all the Kings is to have the first degree of honour, and who is preferred above all the rest. But they seem generally to agree, that this honour belongs entirely to the King of France: for he is styled the most Christian King; and is above all Kings at this day, and takes place of them: as Baldus teacheth Ad §. ult. Colum. ult. tit. De prohibita feudi alienatione per Fridericum. And before him johannes Andraeas in cap. 2. De praebend. in 6. Which is followed by Paris de Puteo in Tract. de duello. §. nobilis provocavit. num. 10. lib. 25. And Nicholas Boerius Tract. de ord.. utr. for. in prima parte num. 12. And that by the authority of Albericus de Rosate, in Rubric. Digest. de statu hominis. De Ripa saith likewise in his Tract De peste part. 1. num. 80. according to Baldus Cons. 217. Ego puto. volum. 3. that no man may pretend any prerogative of honour against the colours of the King of France. He afterwards comes to speak of the King of Spain, whom he highly extols for his power, greatness, and titles; yet so as for matter of order he always makes him inferior to the King of France. And yet for all that he was his Prince, and Conrade his natural subject, as being a native and inhabitant of the town of Lauda within the Duchy of Milan. For mark what he saith himself of it when he reckons up the titles of the King of Spain. He is King, Prince, Arch. Duke, Duke and Lord of diverse towns: and was not long ago made Duke of Milan, our Lord and our Duke. There is yet more in it: namely, that the saying of this Doctor was confirmed and authorized by a Decree of the Senate of Milan, that is, by one of the King of Spain's Sovereign Courts. For hear what the same author saith of it in his preface. Petrus Paulus Arigonus third President, and one of the King's Counselors in the Province of Milan, and with him Petrus Antonius Marlianus, johannes Baptista Raynoldus, Danesius Phili●onus, Marcus Antonius Caymus, Commissary appointed for this matter by special deputation, Paulus Alia, Ludovicus Mazanta, Octavianus Bignamus Senator elect by the King as being of Lauda, julius Clarus, Polictonius Mediobarba Molineus, Scipio Symoneta, and Leonardus Herera, famous Lawyers and honourable Senators, have by a special Decree ordained that this book may be published. Pius the 4. his double dealing in this point of precedency. Nay Pope Pius himselfe● as the same author affirmeth in the process of that discourse, confirmed it; (it may be without ever thinking of this.) And afterwards (saith he) the great Pope Pius the fourth confirmed, and, as it were, consecrated this Temple by imposition of hands. 15 And yet for all that, he was the man who would have put the King of Spain in equipage with ours at the Council of Trent, as Onuphrius testifies. Onuphrius in Pio 4. It is true which he adds that the same Pope gave the precedency of honour to our King's Ambassador at Rome. Not long after (saith he) when there arose a controversy betwixt the French and Spanish Ambassadors who should have the more honourable place in public assemblies, which was hatched long before by means of Francis Varga: the Pope after much dodging at last adjudged the first place to the French, after he had been long plodding about a form of agreement, but could find none. For the Spaniard denied the precedency to the French, and the French would not endure that he should be made equal with him. But there is always in the Pope's exactions as well as in the decrees of our Counsels, somewhat in the fag-end that spoils all. For mark what follows. Upon this occasion, Ludovicus Requesenius, great commander of Castille, and Ambassador of Spain, being displeased, departed from Rome, after he had made his public protestation to the Pope, which the Pope admitted, and promised him he would judge of it. I know not how he means to proceed in it: for to judge after he hath once determined it himself, to what purpose? seeing there is ●o new evidence come in, and that he was so long a consulting about that judgement which he passed. To refer it to a Council, that were as much as to confess himself inferior to it: he will beware of that blow. So you see we are put upon the quarrel again. 16 After that there were some Popes that altered the place which the Emperor's Ambassadors and they of other Kings used to have in their Chapel, & made choice of another altogether inconvenient, to the intent that they not accepting of it, the Spanish Ambassadors should not lose the precedency, which fell out accordingly. And from that time forwards there hath been a contention about precedency betwixt the Ambassadors of the two Kings. Which was debated at Venice when the league was concluded against the Turk betwixt the Pope, the King of Spain, and the Venetians. For the Spanish Ambassador entreated that the French might not assist at the Ceremonies. But the Signiory thought it fit that he should hold that rank of honour which belonged unto him. And so he did. It is true the Spaniard, who was a Church man, to slip his neck out of the collar, desired that he might sing Mass: which was granted unto him. As for the Court of Rome, the King of Spain hath, for some late years, had so much succour and favour there, that nothing could be hoped for from thence but to the disadvantage of the French. The nonage of King Charles emboldened the King of Spain to call his honours in question: our bypast follies have made him attempt upon the State, for his successors. But he that preserved and restored it, as he surpasseth all the Kings of the earth in glorious achievements, will one day put a period to this dispute. CHAP. VIII. Of Indults and Excommunications. 1 THis Council repeals the Indults granted to the Chancellor, Council of Trent injurious to of●c●●s of the Cou●●s ●f Parliaments Precedents, Masters of Requests, Counselors, and other Officers of the Courts of Parliament. Sess. 24. c. 19 The holy Synod doth decree that mandates by way of provision, and expectative graces (as they call them) shall not hereafter be granted to any, not to Colleges, Universities, Senates, or other particular persons, by the name of Indult, or for a sum certain, or upon any other pretence: nor shall it be lawful for them to use such as are already granted. Neither shall mental reservations, nor any other graces upon the future vacancy of Benefices, nor Indults for another man's Church or Monastery, be granted to any, not even to the Cardinals of the holy Roman Church: and such as have been formerly granted shall be accounted abrogate. And yet for all this it is a very ancient law, Recueil des libertez de l●glise Galli●ane. chap 31. V. Molineum in Regal. Cancellar. de infir. resign num. 224. & seq. Le recueil de● Ordonnances de Fon●anon tom. ● au titre De l'indul● Papon au recueil d' Arrests 〈◊〉 des mandates & indults. Art. 1. some footsteps whereof may be found in the times of Pope Sixtus the fourth, and that even under the reign of Philip the Fair, as 'tis said in the liberties of the Gallicane Church. Eugenius the fourth granted also some Bulls out in this case, which were afterwards confirmed by Paul the third, in the year 1538, the publication whereof is inserted among the great Ordinances. It is a thing which has been tolerated by our Kings, yea which has been confirmed by them: whose authority, if there were no other title, may suffice in this case. 2 I will here transcribe certain provisoes made by King Lewes th'eleventh, taken out of an ancient Register which I have in my custody, for the proof of my assertion Lewes by the grace of God King of France, to our well-beloved and faithful Counsellor the Bishop of Lymoges, and to our trusty and well-beloved the Dean and Chapter of Lymoges aforesaid, and to every one of you as well jointly as severally, sendeth greeting. Whereas our trusty and beloved the Chancelours, Precedents, Masters of ordinary requests for our household, Counselors, Registers, Notaries, together with our Advocates & Attorney general for our Court of Parliament, every man in his place & office are appointed & ordained to wait continually upon the employment & administration of our said court, & the administration of justice supreme and capital for our said Realm; which is a very laudable thing, commendable & necessary for us, our subjects, & the whole commonwealth of this our kingdom; in which our Court the rights and liberties of th● Church of France, whereof we are the guardian and protector, are preserved. And for this reason our said Court doth consist in part of Counselors and Officers, which are Clergy men and Ecclesiastical persons. And in consideration of the great, laudable, and commendable services of the said Chancellor, Precedents, Masters of Requests, Counselors, Registers, Notaries, Advocates, and Attorney, they or others by their nomination by means of the intercession of our predecessors to the Prelates and other Patrons and Conferrers of benefices● have been preferred unto and generally provided of Church livings, which the said Prelates or others the Patrons or b●stowers of the same have freely conferred upon them, or have presented them unto the said Tatrons in favour and consideration of us, Pr●s●ntations made by kings. and their own great and commendable services as aforesaid. Which said Chancellor, Precedents, Masters of requests, Counselors, Registers, Notaries, Advocates and Attorney, since our coming to the crown, nor a long time before, have not had any such preferment upon our entreaty and request to the said Prelates, Patrons, and Collatours, as formerly they were wont to have. And for this reason the said Court hath, with our leave and licence, made a certain roll wherein every one of them are presented and nominated, or have presented and nominated others in their stead, each one to some or other preferment belonging to you, or other the Collatours and Patrons of the benefices of our said Realm. And whereas our trusty and well-beloved Counsellor Mr. German Chartelier hath nominated Mr. German Chartelier his son unto one of your Collations and presentations, we considering the continual charge and employment, the great pains and trouble of our said Chancellor, Precedents, Masters of request, and other Officers who are all noted men, learned and skilful in the law: following the good and laudable customs of our ancestors, as also of the conferrers and patrons in our said Realm, we entreat and require you to give, present, and bestow upon the said Mr. German Chartelier for and in stead of our said Counsellor, whom he for his part hath nominated in his place, the first benefice that shall be void within your disposal, collation, or presentation, as our said Counsellor shall require or cause you to be required thereunto. Hoping that you will not make any denial or difficulty of this our request, which is most just and reasonable, but will obey it: especially considering that our said Chancellor, Precedents, Masters of requests, Counsellors, and other Officers of our said Court, are employed daily and in continual trouble about the maintenance and defence of the rights and privileges of the Churches of our said Realm, and the administration of justice to our said subjects; signifying unto you that you shall herein do us such an acceptable favour, as nothing more: by means whereof we take you and your affairs into special recommendation. Given at Mascon the eighteenth day of August in the year of Grace 1503. and of our reign the six●; thus subscribed, By the King. In the presence of my Lord Cardinal D'Amboise Legate in France, and others. Robertet. Sealed with yellow wax, with the King's broad Seal. 3 There is in the same Book an exemplification of the privy letters which the Court of Parliament writ to the Prelates about those nominations: the tenor whereof is this. Reverend father in God, we send greeting to you. Reverend father in God, it hath pleased the king to grant unto the Precedents, Counselors, and other Officers of this Court, his letters and nomination to some benefices which are in the hands of some Conferrours and Patrons of this Realm, and among others to our brother such a Counsellor of our said Sovereign in this Court, to the benefices which are in your gift and disposal. Wherefore we most earnestly beseech you, that in obedience to the said letters, and in consideration of the deserts of our said brother, you would bestow upon him the first benefice that falls in your gift, being by him required thereunto. And in so doing you shall do us a most acceptable courtesy, for which we shall take your affairs into special recommendation. Reverend Father in God, we beseech the blessed Son of God to grant you your desire. Written at Paris in the Parliament, under the seal thereof, the seventh day of September, the men celebrating the King's Parliament. And this annotation is writ in the margeut, Antiquitùs fiebant aliter. All this serves to show the antiquity and possession of this right, which we could not but touch upon, considering, as it seems, that this Council was resolved to be revenged upon that venerable Senate, in hatred of that service which they have ever done to their Prince and whole Realm as oft as there was any danger of their preservation. 4 This Counncell hath also gone about to diminish the power of other Parliaments and Courts of justice in France for as much as concerns excommunications, Secular Magistrates pow●r i● excommunications. ordaining two things which are very prejudicial to the temporal justice. First, That no excommunication nor citation be granted out by the Bishop upon the request or authority of the Magistrate. The next, That it shall not be lawful for the secular Magistrate, whosoever he be, to prohibit or forbid the Ecclesiastical judge to excommunicate any man, or charge him to revoke the excommunication by him denounced. And that is, say they, because this cognizance belongs not to Seculars, but to ecclesiastics. This reacheth further than a man would think. It is the robbing of Parliaments of the means which they have to stop the course of those interdicts and excommunications which are thundered out against the Realm of France by the Popes when they are in their fury; to bridle the abuses of the Court of Rome and the Clergy of this Realm, who have sometime ventured so far in thi● kind that we could see nothing but confusion and disorder. But 'tis requisite we treat of these two points distinctly; for that which we are about to say concerns properly the later. 5 It is an ancient practice of our judges Royal in France upon just occasion to grant out monitories against the plaintiff or defendant, and to decree that they be proceeded against by Ecclesiastical censures, and b● excommunications: Their sentences were wont to be executed by the Priests and other Churchmen without any difficulty. This power of the judges Royal was, since the celebration of this Council, confirmed by the twenty first article of the Ordinance of Blois: see here the words of it. For the revelation of which crime the said Bishops, together with our Officers, may cause monitories to be published in all the parishes, at such time as they shall think proper and fit. It is also confirmed by infinite number of a Papon ●u revealed Arrests, toted excommunications & cens. Eccles. Arrests of Parliaments sent out at several times; which regulate these licences of proceeding by excommunications, granted by under judges. Besides, our b Imbert. li. 1. des ins●it sorens. Practitioners set us down the very forms of them. Emperors and Kings have always had the rule and managing of excommunications; and have sometimes used it themselves. The laws of c justinian. i● l. cum recta. in l. cum velimus. C. de sum. Trinitat. Et in novel. de sanct●ss. Epis●. c. 11. justinian, d Carolus Magnus Capit. lib. 1. cap. 36. Charles the Great, e Charles 9 e● l'Ordon. d Orleans art. 18. & en l'Ordon. de l'an 1571. art. 18. Glaber Radulphus hist. lib. 5. cap. ul●. Papon au re●u●●l d'arrests 'tis. d'appellation comme d'abut. art. 4. Recueil des ●●bertez de l'eglise Gall●●an art. 29. Charles' the ninth, and others, which are received even by the Popes themselves and other Clergy men, do fully prove it. Now there is no question but the power which they have in this particular they might derive it upon the person of their Officers. The Clergy have always suffered the use of this practice. It is true, that as in other things they have gone about to hook in unto themselves the whole administration of justice, so have they endeavoured to do the like in this case; not directly, but obliquely. For in proceeding to censures by virtue of the command of the judge Royal, they have gone about to get the cognizance of the revelations made in consequence of those censures, by that means robbing the judge of his jurisdiction. 6 As for the other point, where they say that the cognizance of censures belongs not to Secular judges, the contrary is evident from those reasons which have been urged already; whereto we will add use and practice. It is certain that in all ages, secular Princes, their Officers and Magistrates, or other their Committees have judged of abuses, befalling in excommunications and interdicts: have stopped the unjust proceedings of Popes and other ecclesiastics; have bridled their too bold erterprises, their passionate maledictions. The Courts Royal of this Kingdom were wont to grant the courtesy of an absolution by way of caution to the appellant as from abuse, whether Clergy man or lay (without any prejudice to the right of the parties) and compel the Bishop to endure it even by the seizure of his temporals. It is one of the liberties of the Gallicane Church. By an Arrest of the twelfth of December 1468, granted at the instance of the King's Attorney general, and Mr. Peter Charres Regent Doctor in Divinity in the University of Paris, Pope's censures injurious to Lay judges. it was declared, that notwithstanding the interdict, which was denounced against the City and Diocese of N●v●rs by virtue of certain Bulls from the Pope, divine service should be there continued, and the Churchmen should be compelled to do it by the distraining and seizure of their temporals. By another in 1488 the Bull which at the instance of Maximilian of Austria, was thundered out by the Pope against the inhabitants of Gant and Bruges, 〈◊〉 l. 2. de 〈…〉. 4. than the King of France his subjects, was declared to be abusive. It was necessary the secular judges should take knowledge of such fulminations, considering the abuses were unsufferable. 7 They have played such re●ks with these censures heretofore, that there was no case in which they were not used, Vide articul●s 〈◊〉 p●o posit●s per Petrum de Cu●eriis qui ext●nt. apud ●●scum Post ●ractat. de regal●s. right or wrong to the great scandal and vexation of good men. By means of them the judges Royal were totally stripped of their jurisdiction. For they were excommunicated, because they would have had the cognizance of possession, procured by a Lay man for the holding of some of his Lands against a Clergyman. a De Cugnertia art 2. As also for b Idem art. 14. not admitting of an appeal put in to the Ecclesiastical judge, from sentence given betwixt Lay men, in an action real or personal; c Art. 15. nor of an appeal put in from a command of an Arrest granted out against one Lay man at the suit of another for some pecuniary debt. For not d Art. 29. causing the thing which he had robbed or stolen, to be restored to the thief, (after sentence was pas●ed upon it, and it adjudged to him to whom it belonged after proof made thereof) under colour that he is a Churchman, standing upon this quality after judgement had passed upon him. For not surrendering up a malefactor, affirming himself to be a Clergyman, although he had neither tonsure nor habit appertaining to a Clerk, and hath lived as a Lay man all the days of his life. e Art. 30. For not f Art. ●3 et. 35. desisting from the cognizance of the cause of a Clerk married, or one that trades in Merchandise, or intermeddles in such like things. For g Art. 35. seizing upon the goods and lands of a Priest, at the suit of a Layman. 8 Moreover they behaved themselves so towards the Lay judges, as to their Sergeants and Varlets, constraining them by their censures, to execute their Ordinances and obey their Decrees. For if an h Art. 12. excommunicate person did not readily pay the sums of money expressed in the excommunication, the Lay-judge was submitted to the same censure, in case he did not make means for the payments and if so be he found no goods, i Art. 13. he was compelled at his own charges, to go and appear before the Official, to take an oath of his diligence. And k Art. 48. in case a Clergy man had been committed to prison by the Lay judge, either out of oversight or ignorance, though he were surrendered to the Ecclesiastical judge upon the first demand, yet the Lay judge notwithstanding was held by the Canons for as good as excommunicate. They l Art. 3. served themselves also of the same censures against parties in suit, excommunicating some Lay men, that were summoned before them in causes not spiritual, m Art. 10. for want of appearance; yea and that even after the default made upon a simple citation. Item for n Art. 4. refusing to plead before them in causes real, and o Art. 5. actions proceeding from contracts with Ecclesiastical persons. For not p Art. 11. paying the sum set down in a sentence upon the day therein prefixed, although by reason of his poverty the party were not able to pay it. For q Art. 43. biding judgement in a Lay Court, about the demand of a widow. For r Art● 22. drawing those into the cause which live in Hospitals, Spitals, and houses Royal, and conventing them before other judges: denying them such absolution as was necessary, till such time as they had set an arbitrary fine upon them. Using s Art. 50. also the like vexation to such witnesses as were summoned by them in causes brought before them, even although they were out of their jurisdiction. As also t Art. 28. to such as dwelled in the same place with him whom they had excommunicated, sometime causing all the inhabitants of a whole parish or village, Abus●s ●f 〈…〉. both old and young to be cited before them, to go and purge themselves at one or two several places, of the participation and communion which they might have had with him, u Ar●. 37. freeing such as would redeem themselves by money from this labour. All which abuses and infinite more were represented to King ●●ilip de 〈◊〉 in the year 1329 by Mr. Peter de Cugnieres the King's Counsellor, in pr●●●nce of the Prelates of this Realm; who in their answers ●ot only not deny th●m, but, which is more, defend them. 9 Conformable hereunto is the complaint made by the States of Germany assembled at Nor●mberg, the year 1522. ●or they make remonstrance, That both at Rome, and all other placest Vi● Centum 〈…〉 ●●. many Christians are excommunicated by th● Archbishops and Bishops, or their Commissaries for profane causes● and dishonest gain. That by this means many men's consciences are tr●●●led, and th●s● that are weak in faith are driven to despair: and at last are br●ught to the 〈◊〉 of soul, and body, and honour, and goods, contrary to all la●●oth divi●● and human. And for this cause they required, That none might 〈◊〉 excommunicated but for the crime of manifest and convinced heresy. They co●●●i●ed also t●at to bear one excommunicate person company, Cap. 25. the Ecclesiastical Iudg●● would excommunicate ten or twelve of his neighbours, without any cause or 〈◊〉 that they constrained his fellow-citizens to pay for him that was not ●ble to pay for himself: as also for that, if a Priest happened accidentally to ●e killed any where, all the town or City was interdicted by reason of t●e ●●rther. Durant Bishop of Menda saith, that in his time, ●●p. 3●. In many places excommunications were thundered out for a six penny debt. 10 These abuses and such as these, of which we have spoken elsewhere, did many times constrain Kings and Princes, and their Officers, to oppose themselves against them, & take them into their cognizance to restrain them. Ludovicus Bavarus was excommunicated by john the twenty second, because he had behaved himself as Emperor before he was crowned by him. Whereupon his excommunication was declared to be injust by an Imperial Diet at Francfort. Philip the Fair was interdicted by Boniface the eight: the States of France disannulled his excommunication. Bennet the thirteenth hurled his thunderbolt against Charles the sixth: the Parliament of Paris together with all the Lords of the land, condemned his Bull, and the bearers of it. Gregory the fourteenth excommunicated the late King and the King now reigning: the Parliament of Cha●lons, by an Arrest given out in june, 1591., Th●s● Arrests h●v● been of ten P●●n●ed, and m●y be found in the fourth Tome● Du re●u●il de 〈◊〉 del●●ligue. did casse, repeal, and nullify his Bulls, processes and excommunications, as abusive, scandalous, seditious● full of impostures, and made contrary to the holy Decrees, Canonical Constitutions, approved Counsels, and the rights and liberties of the Gallicane Church: absolved those that were excommunicated by virtue thereof, and decreed they should be burned in the market place by the common hangman. The Parliament sitting at Tours did ordain the like by an Arrest of the fifth of August 1591. Furthermore declaring the said Gregory, who calls himself Pope the fourteenth of that name, an enemy to the peace, to the union of the Catholic Apostolic and Roman Church, to the King and State. 11 Seeing we are gone so far in this point of Excommunications, we will speak o●● word of the demands which were put up at the Council of Trent by the Emperor Ferdinand, by Charles' the ninth, Natalis Comes hist. lib. 14. p. 298. Idem lib. 13. pag. 300. Centum grav●minac. 34. Can Episcop. Et Can m●ll●●a●erdotumen 21. l. ● and the States of Germany. The Emperor demanded that there might be no proceeding to excommunication, but for mortal sin, or a public offence. The King of France, That it might not be denounced upon every fault nor for contumacy, but for some grievous sin, and that after three admonitions. The States of Germany, That it might be only for ope●● and convicted heresy. These demands were conformable to the Decrees of ancient Counsels; as namely that of Agatha, and that of Auvergne, which are Canonised in Gratian'ss Decree: None to be excommunicate for trivial matters. by virtue of which no man can be excommunicated upon light occasions: and that of Rheims holden under Archbishop Sonnace, where it is said, Let no man be lightly or rashly excommunicated. Histoire de Rheins l. 2 c. 5. Guilielm. Durand. de Conc. Tit. 38. part. 2. 12 The like demand was made by Durant Bishop of Manned at the time of the Council of Vienna, to whom Clement the fifth had given in charge, to observe him all that stood in need of reformation. That no body (saith he) be excommunicate but for mortal sin; considering that anathema is a comdemnation to eternal death; which ought not to be inflicted, save only upon such as are incorrigible, and not for petty light matters. Which is not observed in the Church of Rome, in which even by the Delegates thereof these sentences are thundered out against Prelates and other persons for a very small matter. 13 Marsilius of Milan speaks likewise of them in this wise. Marsil. part. 2. cap. 23. But that which is most abominable of all, and very odious in the office of Church men, is that the Bishops of Rome, and others also, to enlarge their jurisdiction, and reap some most base gain by it, to the contempt of God, and prejudice of Princes, do excommunicate as well Lay men as Clerks, and deprive them of the Sacraments of the Church; because they are either negligent or insufficient to discharge some pecuniary debts, to the payment whereof within a certain time, they stood civilly bound. 14 The Cardinal of Cambray, when he speaks of the reformation of the Church in the time of the Council of Constance, puts the multitude of excommunications among the number of such things as stood in need of reformation: Petrus de Alliaco in tract. de reform. Eccles. c●nfiderat. 2. p. 205. Which (saith he) the Church of Rome hath imposed by her penal Constitutions, and especially by some new Decretals; and have thundered them out by their Collectors, to the scandal of many men: by whose example other Prelates do cruelly smite poor people with excommunications, without any consideration; and that for light matters, as for debts: which must necessarily be provided for, seeing it is against all right. 15 Nicholas de Clemangiis in his tract of the ruin and reparation of the Church: Hence (saith he) ● those anathemas so oft repeated, which were no● used in the time of our forefathers, Nicholaus de Clemangiis in lib. de ruina & reparat. Eccles. p. 46. but very seldom, and that in criminal causes, and abominable wickedness: forasmuch as a man is hereby separated from the communion of the faithful, and given up into the power of Satan. But at this present they have proceeded so far as to use them ordinarily for very petty matters, yea when there is no fault at all. 16 The Laws and Constitutions of our Princes are conformable to the ancient Canons, and to all these demands. In the Capitulary of Charles the Great it is said, That excommunications be not often used, nor without cause. And in the Ordinance of Orleans that there be no proceeding to them, but in case of crime and public scandal. It is true that in another Ordinance made 1571, they are limited by the form of the ancient Canons. But this is still the same, considering that by them there is no place for excommunications, Save for grievous faults. Wherein there is sufficient occasion of complaint against the Council of Trent, which contrary to all antiquity allows the proceedings to censures and monitions, for matters of no moment. CHAP. IX. Disposal of the goods of Religious persons. Purchases made by Mendicants. Leases of Ecclesiastical means. Commutations of last wills and testaments. 1 THis Council would furthermore have all the goods which shall be purchased by religious persons, Wh●ther ●elig●o●● p●●sons 〈…〉 after they have ma●e their profession, to be taken from them and given to their superior; that is to the Abbot or Abbess, Con●ll ●ri●. Sess 25. ●. 2. & 16. to be incorporated to the Monastery. This derogates from the nineteenth Article of the Ordinance of Orleans, O●don ● Orle●ns Art. 19 where there is one case which ought to have been excepted. Namely when pro●ession is mad● before the age of twenty five years by males, or twenty by mai●s: for than they may dispose of their portion left them by way of inheritance, already fallen unto them, or hereafter like to fall, either in a direct line or collateral, to the use and behoof of such of their kindred as they shall think fit; and not of the Monastery. And to this effect (the Ordinance adds) we have from henceforth declared them capable of inheriting and making testaments, the said profession or any rigour of law or custom to the contrary notwithstanding. Benedict. in respite. 〈◊〉 Raynutius in verb ut uxorem nom. Adelas. ●. 220. Ordon. de Bloi● de l'an 1579. Art. 28. Sess. 25. c. 1. These last words are added by reason of the general custom of France, whereby all religious persons are incapable of inheriting. Since that time the Ordinance of Blois altered the time of possession, and reduced it to the age of sixteen years; yet always retaining the same rule for as much as concerns successions. 2 The same Council hath made two Decrees very unlike one to another. By the one It commands all Regulars, as well men as women, to compose and conform their life to the rule whereof they make their profession; as the particular vow of Obedience, poverty, and chastity. By the other, Sess. 25 c. 2●. It gives leave to Mendicants (except the Friars of St. Francis, the Capuchins, and Friars Minorites) to possess immovable goods, even to such as are prohibited by their Orders. According hereunto the States holden at Blois in the year 1576, See the collection ●f all th●● p●st ●t ●he S●a●e● of ●l●i● de l an 1576. p. 19 Upon the eighteenth of December came a jacobin to prefer a petitions that according to the Council of Trent, Mendicants might be allowed to possess immovables; but it was answered they would advise upon his petition by making a general order for it. 3 It is a long time since they procured Bulls from Rome derogatory to their first rules and institutions which they call Mare Magnum; Benedict. in cap. R●ynutius in verb. in eod. test. ●elinq nu. 126. joannes Gallu● q. 62. V●yez Papon au recueil de● Arrests ●it. des Religieux Mendian●● Art. ●. but they were never received in France. One of our French Doctors prays to God that he would take care that this great Sea become not the devil's pond. The goodliest possessions are at this day in the hands of the Clergy; and that in such abundance that some great Doctors have been of opinion that they ought to be taken from them. And in very truth if they may be allowed to purchase, there is no doubt but within a very little time the Clergy will get all into their hands, and will have all the laiety only for renters and farmers of their goods. Howsoever notwithstanding all their dispensations they have in France been always kept to their ancient abstinence. And of this matter there is an Arrest of the Parliament of Paris in the Collection of Gallus given out upon the Vigils of our Lady 1385 against the four Orders of Mendicants, Religious persons uncapable of temporal revenues. wherein it was said that the Provost of Paris did ill to judge as he did; who had condemned the heirs of Isabel de Bolayo to pay twenty pound Paris of yearly rent to every one of the said Orders, to be received by the said Mendicants for certain houses in Paris which she had given them, to have and to hold for them and their successors for ever. Their suit was declared irreceivable into the Court, and they condemned to pay charges. Gallus gives this reason, Because such Donation was contrary to the substance of their Order. I have an ancient copy of the Arrests of this Parliament concerning the King and the temporal justice, where the fact is related otherwise, yet so as the substance is much alike. Betwixt the Friar's Mendicants plaintiffs, of the one party, and Isabel de Palais inheretrix of joan Paumer defendresse, on the other party. By an Arrest of the Court it was said that the Provost of Paris had not judged right, and the said Isabel did well to appeal; for as much as he had condemned her to pay and to deliver to each of the said two orders, (namely the Predicants and the Carmelites) twenty pound rend, given to them by legacy, together with the Improvements and arrearages which should be raised of it, and the charges. And had determined the contrary for the other two Orders, because they had not exhibited their titles. And it was said by the same Arrest that the said Mendicants ought not to be admitted in the suit which they commenced, every one of them for twenty pound rend given unto them by legacy by the said joan. And the said Court did reserve unto itself the power of disposing of the said revenue for the soul of the said joan deceased. Pronounced the twenty fourth of March 1385. Amongst the Arrests, num. 28. In the same Collection I find written; Voyez Papon au recueil d'Arrests tit. Des Religieux Mendians. art. 5 Recueil des libertez de l'Eglise Gallicane chap. 20. Papon au recueil des Arrests. tit. de Religieux Mendians art. 6. V. joannem Gallum quaest. 244. December the fifth 1371, it was said that the Augustine Monks should not possess any immovable goods. The sixth of April 385 'twas said that the Mendicants should not possess any temporal goods, in the book of the Counsel. And as for the privileges granted by the Pope, hark what the Collection of the liberties of the Gallicane Church saith of them: The Pope cannot allow or dispense with any man for holding and possessing any goods within this Realm contrary to the laws, statutes, or customs of the places, without leave and licence from the King. This is further confirmed by an Arrest of Paris made in the year 1391, whereby a certain Carmelite called Gratian was declared not to be receiveable in a suit which he made for a certain thing issuing out of an immovable for the holding whereof he was dispensed with by the Pope. They were also forbid to hold secular benefices and Ecclesiastical dignities by the letters patents of Charles the sixth, bearing date the nineteenth of February 1413, notwithstanding the Pope's dispensations. Guil. Benedict. in cap. Raynutius. in verb. & uxor. nom. Adelas● num. 219. Voyez aussi les or donn Council Trid. Sess. 25. cap. 2. 4 The Council hath made a law concerning the farming out of Ecclesiastical goods and lands, whereby such leases as are made for many years, and for payments beforehand, are declared not to be valid, to the prejudice of successors. Commission is also granted to the Provincial Synods, or those whom they shall depute, to judge and declare invalid such leases of Ecclesiastical goods as were made within this thirty years, for a long time, or (as it is in some places) for nine and twenty years, or twice nine and twenty years. Whereupon it is urged in the first place, that it belongs to Kings and Emperors to make laws and Ordinances about the alienation, or letting out of Ecclesiastical goods, as they have always done, in so much as all our books are full of examples in this kind. And what Popes and Counsels took upon them in this regard, was by their toleration. In the second place, it doth not belong to a Council to nominate and choose judges, for the deciding of controversies arising about such farms and leases. Papon au recueil d'Arrests tit. d'alienation eccles. tit. 5. 6. Nor doth it belong to the Ecclesiastical judges to take the cognizance of them, but to the secular. And so it hath always been accustomed in France, whereof there are an infinite number of Arrests given out in such cases. 5 It is ordained by the sixth Chapter of the second Session of the same Council, Who may convert legacies. that the commutation of last wills and testaments ought not to be admitted but upon just and necessary causes. See this is very fair: but put case the Pope ordain otherwise, then there is no remedy. For it is only said, That the Bishops, as Delegates for the See Apostolic, shall take knowledge summarily, and extra judicium, whether there have been any error or false information. They cannot therefore judge whether the cause be lawful or no. See here then a grievance common to all Christendom: Behold yet another more particular to France; which is that the Lay judges are herein deprived of their jurisdiction, to whom it belongs to judge of the justice of the cause in matter of such commutations, excepting the case of conscience. See what is said in this point in the Collection of the liberties of the Gallicane Church, The Pope cannot convert any Legacies, though they be given to charitable uses, or to any other use, contrary to the will of the deceased; save only in such cases when the will cannot be formally observed, or where there is a necessity of making such commutation: always provided that in such cases it be equivalent to that which was ordained by the testament, or other disposal made by the last will of the deceased; the cognizance whereof notwithstanding belongs to the Lay judge, except for the case of conscience. Now suppose the Pope chance to make any such commutations without a substantial and lawful cause, it belongs to the Court of Parliament to reform them upon appeals as from abuse, which are wont to be put up in such cases; who must have their hands tied, if this Council be admitted. CHAP. X. Of the command laid upon Ecclesiastical persons to receive this Council: and of other grievances. 1 ANother great prejudice is offered unto the Royal dignity by this Council, when it commands all Clergy men forthwith to receive in public the Canons and Decrees thereof, and those to whom the care of Universities doth belong to effect the same, and bring it so about, as that Masters and Doctors, and others publicly teach what is contained in the Canons of it, and bind themselves by a solemn oath to the observation of this Decree. In this they take too much upon them, that they would have all things put in execution without the Prince's consent or privity, and perhaps even against his will. It hath always belonged to Kings and Emperors to approve the Canons and Decrees of Counsels. We have proved it in the third Book by many plain examples taken out of all antiquity. 2 We we will add in behalf of France, that the Council of Basil used another manner of respect towards our King, when at two several times it sent forth Deputies, with express commission into this Kingdom to get their deliberations ●o be received here: which it could not fully obtain, but some of them were rejected at that time when the Pragmatique was a making, as appears by the narration of it. And the Cardinals which came thither the second time to get him to allow the deposition of Eugenius the fourth, This Council ●uts off all hopes of union. and the creation of Felix the fifth, in his place and stead, returned from thence without effecting any thing; as appears by the act of protestation set forth by King Charles the seventh, of which we have spoken towards the beginning of the first Book. We say then that to give out such commands to Ecclesiastical persons and Universities, is all one as to set up two Monarchies in France, and other Kingdoms. All this should be referred to Kings and Princes; and they by their authority, after they have approved and allowed of the resolutions of a Council, should cause them to be put in execution and observed. The late king Henry the third, and the States of France assembled at Blois in the year 1579, knowing this very well, made certain laws concerning Ecclesiastical discipline, in some sort conformable to these of the Council of Trent in many matters, without making any mention of it. Whereby they give us to understand, that the proceedings of it displeased them, and that they would not receive the Decrees and Constitutions thereof. 3 But the worst is yet, that such as are refractory must be● given up to the Pope; and in the mean time excommunicated. The Provincial Counsels also are always bound to promise true obedience to him. All this tends only to the enfeebling o● the authority Royal, and the exalting of the Papal. O that God would unseele the eyes of the Princes and Monarches of the earth, that they might see it clearly! Provincial, and also Diocesan Synods are likewise bound publicly to anathematise and detest all the Heresies which are condemned by this Council: which may engender troubles in those places where two religions are tolerated. As as also the prohibition made to Bishops that they shall not allow any to preach, but ●uch as they know, and to ask Saint Peter's advice thereupon, that so he may have occasion to send the trumpets of war amongst them, which sound only such tunes as he hath taught them. And there is no question but after the admission of the Council, suit will be made for the abolishing of that Religion which is tolerated by the Edicts; considering that the Council hath passed the sentence of condemnation upon it, and that after the pronunciation of a sentence, it is necessary to proceed to the execution of it. Besides, there is no more hope of agreement and reunion left; for those that have judgement given for their advantage, will be sure not to remit any thing of it, and the rest will never stand to such an unjust condemnation. 4 Towards the beginning of the first book we have spoken of the Embassage sent to King Charles the ninth, in behalf of the Pope, the Emperor, the King of Spain, and the Duke of Savoy, for the receiving of this Council, and we have made it appear that the end of it was, they were fain to descend to entreaties. These were the effects and practices during the celebration of it. The Canons and Decrees thereof had no other aim but the blood of Christians. The Lords of Ferriers and Pibrack in the letter which they writ from Venice to King Charles the 9, dated upon the twenty sixth of November 1563, after they were retired from the Council, and had protested against it, say amongst other things, That Pope Pius the fourth would have had the deliberations of the Council to have been subscribed unto by the Ambassadors of Kings and Princes, to constrain them to make war upon such as should refuse them. And in their oration delivered towards the end of September in the same year, touching the point o● Precedence against the King of Spain, they say, That the ancients, as Saint Ambrose, Saint Austin, and Saint Chrysostome did not proceed by such corses as these against the Pelagians and other heretics; that they did not make Princes take arms against them, but laboured to reduce them from their errors by strength of reason, and holiness of life. 5 Though we should not proceed to the drawing of swords, This Council ●gainst all toleration of Protestant's. and displaying of our colours, yet must we at least make an underhand war, and set up the Inquisition, which will prove as fine a piece of husbandry in France as it hath done in Spain; Voyez le remonstrance sur la request presentee p●r la nobl●sse a Madame de Parm●sur les inconveniens ●rovenus de l' inquisition imprimery Anuers. l an 1566. Vide indicem librorum prohibitorum● & regulas ibi positas L. Mani●hoeos. L Arrian. l. quicunque l. cognominis l. quoniam C. de Heretic. & Manich. and will not spare even those which were never suspected of Heresy. The example of the Low-country men may be a lesson to us in this regard, upon whom after the admission of the Council they would have thrust the Inquisition; whereupon there were great bicker and oppositions even by the Catholics themselves, as is apparent from those discourses which were then set out about it. This knife hath opened the vein which hath shed so much blood, and which in conclusion was the cause of this great revolt. This Council declares all to be heretics which follow the doctrine by it condemned, and doth anathematise them. 6 In the rules which were made by authority of this Council concerning prohibited books, so many words as there are, so oft almost is there mention of the Inquisitours. Which gives us plainly to wit, that they are destined to be the executioners of this Council. And when the Pope shall establish them, who shall say unto him, he ought not to do it, being he is made omnipotent? Besides, Inquisitours are now adays only for Heretics. I say, they would seem to be for none but them. Where then shall they be rather established than where they are in the midst of us, namely in the Realm of France? For the mere admittance of this Council, ipso facto makes all those heretics, which have hithertowards contended that they are not so, and whom our Kings would not yet brand with the marks of such; as to be accounted criminals, and lie open to public a●cusations, to be intestable, infamous, incapable of honours, dignities● successions● and other such like things: yea which is most dangerous of all, to be burned. Now this would imply a contradiction to qualify them for heretics, and not give them this appennage withal. And consider whether there would be any want of good preachers to strut up upon this occasion, and cry out, To the fire with the Heretic. Which they dare not now do when they are taken up with a Sub judice l●● est. And they live in expectation when a free and lawful Council shall be celebrated. 7 The same Council confirmeth all Papal Constitutions, and by consequent those which establish the Inquisition, whereof we have a great number, some of them in the a Vide Cap. praesidentes & ●a inquisitioni● de Haeretico in 6. Clement. 1. 2.3. Extravag. 1. & 3. de Haer. Decretals, Extravagants, and Clementines; and the rest in the b Vide directo. inquisitori. Nicola● Eymerici. Item collection. diverse. constitut part. 1. pag. 351 part. 2. p. 116. Directorium Inquisitorum, set forth by Nicholas Eymericus new printed at Rome, the year 1585., and dedicated to Gregory the thirteenth, containing a great many Bulls in behalf of the Inquisition, published since Innocent the third till Gregory the thirteenth. As also those which excommunicate all favourers of heretics, and those which suffer them to live amongst them. And indeed Gregory the thirteenth made this sense of them, when by his Bull entitled c Extat in collectione diversa●um constitut. & litterar Roman. Pontif. excus Roma ann. 1517. in tert. part. p. 72. Excommunicamus & anathematizamus quoscunque Vssitas, Viclevitas, Lutheranos, Zuinglianos, Calvinistas, Vgonotos, Anabaptistas', Trinit●rios ac omnes, et alios singulos alios h●reticos ipsorumque receptatores & fautores, e● generaliter quoslibet defen. Literae process●s lectae die coenae domini, which was thundered out in the year 1578, in the first Chapter thereof he anathematizeth A● Hussites, Wiclivites, Zwinglians, Calvinists, Huguenots, and other heretics, together with their concealers and favourers, and in general all those which defend them. Which hath been since reiterated in many several Bulls of his successors. So as our Princes will have very much to do to exempt themselves from their thunders, so long as they observe the Edicts of pacification, which they have made: admitting, as they do, their subjects of both religions, to honours and dignities: taking them into their service, both at their table and in their chamber: letting them live under their protection and defence. Yea even so long as they continue in alliance and league with their neighbours, whether Calvinists or Lutherans. 8 We will say in the last place, That it will be a hard matter to put any qualifications upon this Council: Seeing that how many Articles, so many grievances almost; This Council disliked by Papists. saving some few concerning Ecclesiastical discipline, which (as we have said elsewhere) have been received in France already. As for the rest, they tend all of them to the prejudices of Kings and Princes, and their subjects. The best qualification which can be made of them, would, be to raze them quite out. As for the Canons, although we never undertook the defence of those that condemn them, yet we shall say by the way, that though they be indicted upon them, yet it would trouble a bad Lawyer to cast them by them. The injustice and iniquity of this Council is such, that even good Catholics themselves do abhor it. 9 We have showed already that the late King sufficiently condemned it● inasmuch as he by his edicts decreed otherwise in many particulars than it hath done. And as for the King our Sovereign Prince now reigning; he hath passed his word for the calling of a free Council, to compose the differences in Religion. by his letters patents of the fourth of julie 1591. Furthermore we declare by these presents, conformably to our former declaration, protesting before the living God, that we desire nothing so much as the Convocation of a holy and free Council, or some notable assembly, sufficient to determine the differences in point of Religion. He therefore tacitlie rejects this Council. We have not the least doubt that he gives backeere a whi● from this holy intention; or that he goes about to choke the hopes of a so much desired reformation, after which all honest men have gaped so long in vain. He hath no mind to accept what his predecessors have so constantly rejected, and so justly condemned. Though he would not reject it in consideration of others, yet he will in regard of his own interest, which cannot otherwise be preserved entire by any qualifications or restrictions. Nor have we collected these grievances for any doubt we make of his resolution; but to show the impertinency of that demand of admittance of it. And that such a stale and musty mess may be no more brought up before our Kings: a dish which hath been baked and boiled so often over, that it would be no less noisome to the stomach, than distasteful to the palate. FINIS.