A REVIEW OF THE COVNCELL OF TRENT.

Wherein are contained the severall nullities of it: With the many grievan­ces and prejudices done by it to Christian Kings and Princes:

As also to all Catholique 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 Vniversitie, for VV.T. Edw: Forrest, and VVill: VV [...]b. Anno Domini MDCXXXVIII.

To the Right VVorshipfull CHRI­STOPHER POTTER Doctour in Divinity, the Reverend Deane of Worcester, and worthie Provost of Queenes Colledge in Oxford.

SIR:

THe double title which you may justly chalenge both in the Authour and Translatour 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 confesse I owe mine. But for the later, I beseech you give me leave to tell you in publique, what I have never blushed to professe 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 entertain'd a thought of offering these my first fruits in this kinde 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 meane endeavours made me first able to do [...] something, and the desire of obeying your pleasure willing to doe this. I am bold to call it a worke 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 generall 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 [...]everent opinion of your judge­ment of the worke, with the grounded confidence of your future approbation of my pains, sweetned that into a re­creation, which had otherwise beene a punishment. I will [Page] not here indulge so much to my just ambition of proclai­ming your virtues, as to insist upon each particular: one­ly I shall begge leave to bee the weaker echo of the pub­lique voice of that body over which it hath pleased God to make you the worthie Head, and my selfe, by your meanes, an inferiour member: To say, That we largely enjoy in you what wee shall ever pray for in your Succes­sours; that your place may ever have as great an orna­ment for the credit, and as happie an instrument, for the profit of our House: That, of those Royall favours which it pleased their Sacred Majesties to conferre upon us, (and ever blessed be their memorie therefore!) though in all humility we give Them the glory of being the Au­thours, yet we cannot robbe your pious diligence of the praises due as to a principall procurer. We detract no­thing from the fountain, when we commend the streams: nor is a benefit lessened by being obtain'd by intercession. The Majestie of Heaven does not ordinarily bestow his blessings without mediation: nor does the intervening of second causes render us lesse ingag'd to the first. To whom I do [...] now, and shall ever, send up my heartie prayers for his choicest blessings upon you and yours: more particu­larly, (as your present weaknesse now requires me) that Hee would be pleased to grant you a perfect health, and constitution of body answerable to that of your minde, for the greater manifestation of his glorie, the good of his Church, the joy and comfort of you and yours; in which number he desires to be reckoned who here presents him­selfe & his present pains to your courteous acceptation, as

Your Worships in all humble observance, GERARD LANGBAINE.

To the Reader.

I Have something to informe 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 worke. But as for his religion, though not absolutely certaine, yet, his many protestations make it more than probable he was no profess'd Protestant. Hee protests frequently not to meddle with controversies of faith, but points of Law and policie; not to oppose the Canons, but Decrees of the Councel of Trent; not to wri [...]e in behalf of such as have separated from the Church of Rome, (Protestants) but of good Catholiques, (hee meanes Papists.) And therefore I have adventured to allow him the name of Catholique, with the forename Roman; which they of that party will, in spite of all contradiction, needs pin upon their owne sleeves. For I am indifferently confident that for outward communion hee was a member of that Church, some of whose faults are here required to a reformation. As for ought that may bee surmis'd to the contrary, it will not worke much upon any that knowes the libertie 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 bin more eminently conspicuous in those of that faculty whereof the Author is confessedly one. How­ever, [Page] those many other writers which hee every where urgeth, and of whose testimonies the whole work main­ly consists, were in their times (ancient Councels and Fa­thers excepted) all, or most, knowne Papists: though some of them in these later daies have bin shrewd­ly censured for Schismaticall, because not altogether so transcendently Papall. Now for the furth [...]r satisfaction of my selfe and others to those ordinary interrogatories, [...]; it hath cost me some diligence to draw this Apelles from behind the curtaine. Some of my forraigne intelligencers return'd me little but a Non liquet, yet the learned Patron of the work shewed me first In his an­swer to Co­effereau, in­titled, 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 VVilliam Ranchin, (whom I conceive to be the man) was in his time a Doctour of Law, Counsellour to King HENRY the fourth of France, sometimes Fiscal Advocat in the Court of Aids at Occa, and afterwards A [...]turney Ge­nerall in the Soveraigne Court of Aids at Montpelier; one who by his workes in that kind hath deserved well of his profession. Thus much of the Author.

As for the Work it selfe, it is now almost forty yeares since it was first published; the copyes are growne very rare and (it may be, therefore) deare 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 Gene­rall Councels. It shews the many hot skirmishes which Princes have beene put to for the preservation of their li­berties, and how loath they were to part with them. It points at the meanes whereby the State spirituall stole up by degrees to such a height of temporall greatnesse. It un­covers the shame of that Popish Helena, the Councell of Trent; by laying open the many nullities and injust pro­ceedings of it. It shewes the weake, the no effects of those [Page] 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 turn'd to a worse disease. It fairely acquits their rejection of that Councell for matter of Discipline, (and why not therein ours for matter of Doctrine?) from the imputation of Schisme, as being driven to the necessity of abrogating that excessive power of the Pope, which hee could not bee 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 besides the purpose, if not against the inten­tion of the Authour) it ministers just grounds of questio­ning the absolute infallibility of Popes and Councels in matters of faith. Who both joyntly and severally (it is to be fear'd) have been too dareing to entitle the Holy Ghost to their many weakly probable opinions, if not some er­rours. Whence it is that the present Church is as much pester'd with a glut of Councels, Canons, and Curses, as the Primitive was with heresies: under the weight of which burthen many weaker consciences, if they doe not quite sinke, cannot chuse but groane. Whence it is that the modest and sober libertie of re-examining any thing which hath been once decided, is utterly excluded: which notwithstanding most good men have in all ages beene 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 un­charitablenesse of those fierce and fiery spirits that scorn to goe to Heaven in the company of any that are called here­tiques by the Councel of Trent: that pronounce upon all men according as they find them devoted to this their Dia­na; making lesse conscience of a text of Scripture than a Canon of Trent; and like their heathen fore-fathers, Non alios judices quàm 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 [Page] Ancestours miseries: for amongst all those authentique re­cords, which are here recited of the Popes usurpations, I doe not finde any more wofull tragedies of his tyranny than such as were acted upon our Stage. No higher tro­phyes erected to his ambition, than here. No more rare examples of a devout abused patience, than ours, till ex­treme necessitie made us despaire into fortitude; when the avarice and exactions of Rome, having left us nothing else, to her griefe and our glory, at last robb'd us of our pa­tience too.

Besides these there are other considerations in the work it selfe, which (it may bee) wrought a far far better judgement than mine owne to the approbation of it. In submission to which I have taken the paines to make it speake English; and that's all. For as for the quotations, (which might haply be expected from me) my other im­ployments would not allow me strictly to examine them all, but so many as I sought did sufficiently confirme my o­pinion of the Authours fidelity in the rest. For adding more testimonies of my owne out of other authors in the like kinde and to the same effect, however I could fre­quently have done it, yet I obtained so much of my selfe as to forbeare: being much abhorrent from ingaging my selfe in a quarrell of this nature, and creating an adversarie where I might fairely chuse to want one. For my ex­pression, I confesse, upon a second review, I finde I have been somewhere too pedantique and precise in keeping to the phrase of my Authour, and otherwhere I meet with a litle Patavinity of my owne. But for this I must tell my Pollio it was neither necessitie nor chance that cast me up­on it; for I am here of his minde, Qui non ignoravit vitia sua, sed amavit. My greater feare is lest there be somethings in the matter which may bee lyable to a juster exception. Which, however they might have beene omitted by the Authour, could not so fairely bee left out by the Transla­tour: This castrating of dead Authours being a piece of politique cruelty, which himselfe Lib. 1. cap. 7. condemnes in their [Page] Church, and (I hope) is rarely practised in ours. I doe 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 bee prin­ted [...] Wee allow a stranger more libertie than a native: and in this consideration I held it a piece of injustice to of­fer, so much violence to my Authour as to subdue him wholly to our domestique customes. Hee still speakes French in part, and retaines a few markes of his birth and breeding: yet such as can bee no eysore to those that will observe withall, how, when he barely relates the Lawes of his owne Countrie, he neither censures nor sets rules to ours. For what concernes the distinction of jurisdictions, there is a vast difference betwixt their State and ours. Here, though they are conveyed in severall channels, yet they are all derived from the same fountaine, the King. Whereas there, the Pope shares it with the Prince; and not content with his part, will needs ingrosse the whole. Hence those bitter complaints of the Authour against in­feriour Iudges, which, when he drives the naile up to the head, fasten lastly all upon his Holynesse. Thus farre I thought fit to fortifie 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 bee exempt from misconstruction. For other peccadillos I am not very care­full to excuse them; hopeing that the judicious Readers will not much bogle at them, and the ordinary (it may bee) never observe them; nor doe I meane they shall bee beholding to me for the knowledge of them further than by this intimation: which perhaps may whet some dul­ler capacities to a sharper enquirie after them, such as thinke they are bound in conscience to finde a crime, because I confesse the possibilitie of a fault: and will be ready to straine at Gnats, who without this caution would have swallowed Camels. And yet I feare there will not want some among them that will receive those things with applause, which I desire may passe with [Page] pardon. Nay (it may bee) if the Authour were que­stion'd for some places, the most (I doe not say the best) would bee content to absolve him, if not ready to reward him. But the Translatour professeth his name in another cense; and is not so sollicitous to please those, as answere these: to whose graver judgements hee submits both himselfe and these his weake endeavours, in a modest confidence of their candid interpretation.

AN ADVERTISEMENT to the READER, prefixed before the FRENCH Copie.

THis Booke is not for those that have made separation in point of Religion; but for such good Catholiques as desire to see an holy reformation of it. Here you shall finde the demands that were put up to that end at the Councell of Trent, by the Em­perour, the King of France, and other Ca­tholique 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 Councels, to wave that re­formation which was so earnestly sought after: and withall you shall understand a good many of the points wherein it consisteth. The method which the Authour hath used, may bee set downe in few words. Hee makes two kinds of nullities; one in the forme and manner of proceeding, [which he delivers in the first Book]: the other in the matter. And these later consist either in denyal of justice [which is handled in the second Book;] Or in the injustice of the Decrees themselves: concerning which he sets downe two maxims. The first, that they advance the Pope to an unlawfull power, stripping Councels, Clergy, yea Kings and Princes of that authoritie which belongs unto them, to transferre it upon the Pope; [and this is proved in the third, fourth, fifth and sixt Books]: The second, that they pull downe the honour and autho­ritie of Christian Princes, and Secular powers: [which is treated [Page] of in the last Book]. See here the subject wherein many learned men, both Devines and Lawyers have travailed long agoe, 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 concernes them in particu­lar. The ancient liberties of the Church are represented here in divers 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. VVhich would plunge us again into those miseries, wherof our Ancestors begun to bee sensible long agoe: which they have left unto us by tale upon record, in the ancient Histories and E­dicts of our Kings, the Rolles of the States General, the Remon­strances of the Courts of Parliament, and many other ancient Monuments. Nor doth it lesse concerne the interest of our Sove­raigne Lord the King; whose honour and dignitie are shamefully disgraced, his authoritie vilified, his power rebated; with a ge­nerall prejudice to all the French, who in particular are egregi­ously wronged in divers things, as may be fully knowne from this discourse. You must further observe that the Authour was not willing to meddle with what properly concernes divinitie, as un­willing to transgresse the bounds of his profession, or speake any thing upon this occasion of those demands which were made, by Catholique Princes in this Councell, touching the reformation of abuses about Images, Pilgrimages, Reliques of Saints, keeping of Holy dayes, convenience of the marriage of Priests, Communion in both kinds, celebration of divine service in a vulgar tongue, and such like; contenting himselfe with a bare mention of those demands, and no more.

A SVMMARY OF The Chapters.

BOOKE I.

Chap. I. Pag. 1.
1 THe many abuses of the Pope and Court of Rome. The occasion of calling this Councell. How the Popes sought meanes to decline it. How politiquely 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 Councell. Anci­ent bickerings of Popes with the Emperours of Germany. With the Kings of England. 3. &c. With the Kings of France. 8 Where the Kings were assisted by the Parliaments, Vniversities, Devines, Lawyers, Prelates, and other Clergie both severall and in Councell. 9, 10 Councels against Popes. 13 Harsh letters to Pope Nicholas. 14, 15 Councels suborn'd by Popes against Princes. 16 The Councell of Ferrara or Florence not admitted at all in France. 17 That of Basil but in part. That of Lateran totally rejected. The Councell of Trent more usurping than any, than all these.
Chap. II. p. 12.
1 SEverall instances made to the Kings of France for the receiving of this Councell, but still rejected. As to Charles the ninth by the Pope, the Empe­rours, and other Princes. 2 His answer to their demand. 4,5 Instances made to Henry the third by the Clergie of France. With severall Orations to that purpose. 9 His answer to the King of Navar. 13 Hee further importun'd by Provinciall Councels. 15 All these instances made by the Popes i [...]stigation. 16,17 Who use to serve themselves of the Clergie against Princes. 19 The rejection of this Coun­cell never objected to this King by his accusers. 20 Some things ordain'd conso­nant, some things contrary to this Councell.
Chap. III. p. 20.
1 THe Pope was a party, and therefore could not call the Councell, nor be judge in his owne cause, 2 According to his owne Canon law. Besides, there were [Page] severall Appeales 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 Iudge of the Appeale.
Chap. IV. p. 21.
1 THat the Pope stood in need of reformation (and therefore incapable of being Iudge). 2 Confessed by Pope Adrian. 3 By the Councels of Constanc [...], 4 Basil, and Pisa. Yet nothing reform'd.
Chap. V. p. 23.
1 PRotestants were condemned before they were called to the Councell; and may therefore justly refuse it. 3 The Pope knownly hated them; therefore they needed not obey his summons. 6,7 An enemie should not be a Iudge.
Chap. VI. p. 25.
1 WArres on foot in the time of the Councell. 2 Complain'd of by the Prote­stants. 3 Confest by the Popes. 4 Approved by the Councell. 5 As the Parman warre, 7 And civill warres of France. 10 Whereby many were hin­dred from going to the Councell; 11 And therefore ought not to be prejudiced by their absence. 12,13 The Councell question'd whether continued or ended.
Chap. VII. p. 30.
1 DEmands that the Councell 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 Apologie. 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 beene anciently reputed. 13 By Pope Iohn the 23. 14 Summons to a place not safe, are invalid. 15 And have be [...]ne so judg'd by Popes, 17 And Canonists. 18 Where the place of judgement is not safe, there may be an Appeale.
Chap. VIII. p. 36.
1 ALL were not called to this Councell that should have beene. 2 No [...] all the Clergie; nor any of the Laity. Contrary to ancient custome. 3, 4 Lay men sometimes admitted to bee Iudges in controversies of faith. 5 Yea even Heathen Philosophers. 7,8 Controversies sometimes decided by Councels. 9 Sometimes by reference. 10 Sometimes by conference. A meanes proposed for reconciling the present disterence in Religion. 11, 12 Further prosecuted. 13 Lay mens plea for admittance in this Councell. 14 Bellarmines answer examined. 15 The power of Emperours and Kings in this case. 16, 17 Some of them have beene Iudges in Councels. 18,19 Lay men admitted by Kings to assist at severall Councels. 30, 31 And Spaine. 32,33, &c. And England. 36, 37 Admitted likewise by Emperours. 38 Yea summoned by Popes. 40 Lay mens presence in Councels not absolutely necessary, and when convenient. 43 The ignorance of the Popish Cler­gie. 44 The Authours apologie. 45 The assistance of the laity allowed by seve­rall authours. 46,47 Practised at severall Councels, Trent excepted. 48 Ano­dious doctrine to Popes, and why.
Chap. IX. p. 47.
1 THe Trent Fathers were the Popes creatures. 2 That abuse observed by the Emperour. 3,4 Complain'd of by the French Ambassadours. 5, 6 And Protestants of Germany. 8 As good as confest by the Popes themselves. 9 The charges of Councels defrayed formerly by the Emperours. 10 Of late by the Pope. And therefore the judgement of such Councels in the Popes cause refusable.
Chap. X. p. 51.
1 THis Councell compared with others for number of Bishops. 2 Which were so few here, that it cannot be accounted generall. 3 Henry the seconds protesta­tion [Page] against it upon that ground. 4 The number in the later Sessions doth not legi­timate the paucitie in the former.
Chap. XI. p. 53.
1 THe Emperours letters to the Pope about the indirect dealing of the Councell. 2 The French Ambassadours oration in the Councell to that effect. 3 Their retire from the Councell.
Chap. XII. p. 54.
1 ALL processe made by a suspected Iudge is void. 2 The Pope challenged as an incompetent Iudge in this Councell. 3 The Councell protested against by the Germans; 4,5 By the King of England. 7 By the Kings of France. 9 Sen­tence passed upon absents invalid. 10 Yea though they had beene present, there may be a second judgement. 11 As was in the case of the Donatists. 12 And Ar­rians. 13 Otherwise we cannot decline the sentence of the Councell of Ariminum. 15,16 Other heresies sentenced in more Councels than one. 17 The injust dealing of the Councell of Ephesus. Pope Leo's protestation against it, holds good against this of Trent.

BOOKE. II.

Chap. I. p. 61.
1 NVllities in the matter of the Councell: As in deniall of justice. 2 In things demanded by the Emperour. 3 By the King of France. 4 By the Catho­lique Princes of Germany. 5 By the Duke of Bavaria. In which demands are particularly mentioned such abuses as should have beene reformed. 7 Many of them confest by the Deputies of Paul the third.
Chap. II. p. 65.
1 THe abuses complain'd of, not reform'd by the Councell. 2 Reformation of the Head, the Pope and Court of Rome, demanded by Princes; confessed necessa­ry by Popes. 3 Yet not medled with by the Councell. 6 The Authors protestati­on to set downe the Papall, not the personall faults of Popes. 7,8,9, &c. The com­plaints of many ancient Popish authours against the abuses of the Pope and Court of Rome; with some Councels that attempted, but effected not a reformation.
Chap. III. p. 74.
1,2, &c. ANcient complaints against the inordinate desires of the Popes after temporals, which made them neglect spirituall matters. 5,6, &c. All things set to sale at Rom [...]; even the Holy Ghost. 7,8 The avarice and exactions of that Court. 10 As great since as before this Councell.
Chap. IV. p. 78.
1 BY what meanes the Popes enriched themselves. 2 A price set upon all sins in his Penitentiary tax. 4 The tax of the Chancelourship. 6 The tax upon Bishopriques. 7 Exactions of Annats or first-fruits. 14 When the Pope first usur­ped them. 18 The Emperours anciently required them not. 21 Of selling the Pall. 22,23 The state of first-fruits in France. 25 The Popes ancient incomes out of England. 26 Their simoniacall gettings by Reservations, Graces, Provisions, &c. 27 Their impositions of taxes and tributes upon kingdomes. Particularly upon Eng­land. 28,29 What trickes they used to oppresse this Realme. 30 The Popes pro­verbe of England. 31 The like oppressions and complaints in France. 33 The Pope [...] challenge to the goods of Clergie men that die intestate. Their revenues on [...] of the stewes. Their yearly Kin [...].
[Page] Chap. V. p. 91.
1 THe Popes exactions under colour of a holy warre. By absolving such as had taken the Crosse upon them. 2 And raising levyes for the maintenance of the holy Land. 3 And reparations of St. Peters Church. 5 The Popes used the colour of a holy Warre, to wreake their own spite. 7 And converted those colle­ctions to their private ends. Opposition made against them in Spaine.
Chap. VI. p. 94.
1 BY what meanes the Popes cheated other Patrons of their advousons and pre­sentations to Ecclesiasticall livings. 2,3 Ancient complaints against this abuse. 5 Of their conferring them upon lewd persons. 6, 7 Remedies provided, but not applyed. 9,10 Of their preferring dunses. 11 And aliens. 12 The in­conveniences that follow upon this. 13, 14 Vrged by the French. 15 Confessed by the Cardinals, but not yet reformed by the Pope.
Chap. VII. p 99.
1 OF drawing all suits concerning causes and persons Ecclesiastical out of other nations to the Court of Rome. 2 Inconveniences thence ensuing. 3, 4, 5, &c. Complaints made against them. 7 Of appeals to Rome. 8 [...] 9 The mul­ti [...]de and abuse of them. 10, 11 The Court of Romes usurpation upon the Lay jurisdiction.
Chap. VIII. p. 102
1 BY what meanes the Popes get the jurisdiction over causes and persons civill. Of Ecclesiasticall informations. 2 Of the intervening of an o [...]th. 3,4 A law made in France against the Popes usurpation in this kind. 4 And the statute of Premunire in England. 5 The Popes intermedling with Emperors and Kings. Their crownes and dignities. 6 As King Edward the first of England. The Pope rejcted by Parliament. 8 The judgement passed by Secular Princes, dis­ [...]ed by Popes. 10, 11 Of their metamorphosing Lay men into Clergy men. 12 Of the Popes Commissaries, and Delegate Iudges. 13, 14 Anciently com­plained of. 15 Not reform'd but confirm'd by this Councell. 16 Of the Popes Legats. 17, 18 Their power to legitimate bastards. 20 And other faculties, as to dispense with Councels.
Chap. IX. p, 107
1 OF the Popes usurpation of Lordships [...] and Kingdomes. 2 Of their tempo­rall domin [...]on in Rome. 3, 4 How they hold it, and when they got it. 5 Th [...]ir claim [...] to Scotland. 6 Encroaching upon Poland. 7 And Sicily. 8 Es­pecially England in the time of King Iohn. 9, 10. That story more at large. 11 [...] 12 Excommunications abused by Popes to secular ends. 1 [...]. 15. &c. Their inordinate desire of preferring their Nephewes, and kindred by indirect meanes. 19, 20, &c. Their excessive luxury.
Chap. X. p. 112.
1 OF the unlimited and injust power of Popes. 2, 3 Given them by their flat­terers. 5 And admitted by themselves. 8 Wherein the pl [...]nitude of the Popes 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. &c. Severall Popish maxims concern [...]ng the Popes supreme authoritie in temporals. 30,31, &c. Of his transferring the E [...] ­pire and bestowing of Kingdomes. 41 Absolving subject [...] from the oath of [...]ll [...] ­geance. 52 Power [...] Infidel Princes. 53 Donation of the West Indies. 55 Testimonies of Popes for their supremacy. 56 The King of France [...] how evaded by Popes. 57 The Popes usurpations over Kings approved [Page] by this Councel. 59 The King of France frivolously excepted. 60 The ill conse­quences of the Popes temporall power.
Chap. XI. p. 120.
1 OF the Popes honours. How they make Kings their Lacqueyes. 2 By their Ceremoniall. 3 And have required the actual performance of these ser­vices. The quarrell with the Emperour Frederick for holding the wrong stirrop. 4 For putting his name before the Popes. 6, 7 Other insolent carriages of Popes towards severall Emperours and Princes. 10,11 A draught of the Popes great­nesse. 12 Those authours that extend it furthest best encouraged; others supprest and purg'd.
Chap. XII. p. 123.
1 POpes opposed in their attempts over Kingdomes and Empires. By the Cler­gy of France. 3, 4 In their excommunicating and deposing of Emperou [...]s. 5 By the Clergie of Liege. 6 The Popes power in temporals spoken against by St Bernard. 7,8, &c. And divers others. 10,12 Opposed by the Nobles of Eng­land. 13, 14 The Nobles and Clergy of France. 15 The States of the Empire. 16, 17 The Canonists. 21, 23 Devines and Historians. 24, 25 Princes and Parliaments. 26, 27 Popes absolving subjects from their allegeance disproved. 33 A list of such authours as deny their temporall power.
Chap. XIII. p. 131.
1 A Parallel betwixt Christs humilitie and the Popes ambition. 2 The pride of Rome bodes her fall. 3 The Court of Rome like the image in Daniel. 4 A prophecy of a King of France.
Chap. XIV. p. 134.
1 THe number of Cardinals too great. 2 An occasion of many abuses [...] 3 Of their prodigious plurality of benefices. 4 Their number anciently complain'd of. 5 But not reform'd by the Councell.

BOOKE III.

Chap. I. p. 137.
1 THis Councel gives too much to the Pope. 23 By allowing them the power of calling it. 4 And submitting all the Decrees to him. 5, 6 And allowing him the power to translate it. 7 Popes usurpe the power of calling Councels. 8 Or at least of approving them. 9 Councels anciently called by Emperours, not Popes: with­out either their command, or explicite consent. Both generall, a [...] the first of Nice. 12 th [...] first of Constantinople. 13,14, &c. Without any command from the Pope; proved at large against Bellarmine. 18 The first of Ephesus. 22 Bellarmines an­s [...]rs refuted. 26 The first of Chalcedon. 30 The Councel of Sardis.
Chap. II. p. 145.
2 THe fift Generall Councell at Constantinople, called without the Popes con­sent. 3,4 So likewise the sixt. 5 And seventh, being the second Nicene. 6 And eight generall, at Constantinople 8,9, &c. Fifteen other Councels, some [...]; called by Emperours witho [...]t the Popes [...] 19 The [...] t [...] come upon the Emp [...]r [...]urs call. 20 That Con [...]l [...] were called by Emperours is confess'd by Popes.
[Page] Chap. III. p. 149
1 EMperors called not Councels by commission from the Pope. 2 But Popes were petitioners to them for the holding of them. As Liberius to Constantius 3 Ce­lestine to Theodosius. 4, 5, 6 And other Popes to other Emperours. 7, 8 Which was the common practice of other Bishops. 9 Popes sometimes called Councels by commission from the Emperours.
Chap. IV. p. 151.
1 THat Emperors when they called Councels, directed their summons to Popes as well as to other Bishops. 5 How in ancient Councels they spoke by interpre­ters. 6 The Popes ignorance in the Greek. 7, 8 Popes presence at Councels not en­treated, but commanded as well as others.
Chap. V. p. 153 [...]
1 DIvers particular Councels called without the Popes presence, consent, or au­thority. 2 Yet they claime the power of calling them as well as generall 4 Examples of severall Councels called against Popes.
Chap. VI. p. 154.
1 THat notwithstanding all these authorities, the Popes arrogate to themselves the power of calling Councels. 2,3 Their testimones answered. 4 Generall Councels should not be held unlesse the Pope be called to them. 5,6,7 That privi­ledge common to him, with other Patriarchs. 11 The old Canon, upon which the Popes build their authoritie, examin'd. Whether one of the Apostles. 12 Whe­ther confirm'd by the Nicene Councel. (13 Ancient esteeme of the Bishop of Rome.) 14 Or at Alexandria. 16, 17 Spurious Canons and testimonies imposed upon ancient Popes. 18 Ancient practice contradicts that pretended Canon. 20 How long it is since Popes first tooke upon them to call Councels. 21 Emperours called some since that. 23 Popes may call Provinciall Councels within their owne Diocese. (Their particular Diocese of what extent.) 26 As may other Patri­archs. 27 Whether a Generall Councell be now possible: if not called by the Pope
Chap. VII. p. 161.
1 POwer of calling Provinciall Councels given by the Councel of Trent to the Popes. 2 Which anciently belonged to Kings and Princes. 3 Proved to be­long to the Kings of France in France. 4, 5 A particular enumeration of above forty nationall Councels called by command of the Kings of France. 18 Of others by their consent and approbation. 19 Councels called by the Kings of England within their dominions. 20 Many others by the Kings of Spaine.
Chap. VIII. p. 167.
1 THat it belongs to the Emperors and Kings to appoint the place where Coun­cels sh [...]ll be held, and not the Pope. 2 Proved by examples of Emperours and petitions of Popes. 4 That Princes also prescribe the time when Councels shall be holden.
Chap. IX. p. 169.
1 THat the power of prorogueing, translating and dissolving Councels, belongs to Emperours and Kings, and not to the Pope. 2, 3 That power used by the ancient, 6 Challenged by late Emperours.
Chap. X. p. 170.
1 THat it belongs to Emperours and Kings to prescribe what persons shall b [...] admitted in Councels. 2 And what matters shall bee handled in the [...] 3 And in what manner. 7 And forme.
[Page] Chap. XI. p. 173.
1 THat the Presidence in Generall Councels belongs not to the Pope exclu­sively, but to Emperours, as also the judgement in them. That Constan­tine was President of the Nicene Councel. Reasons to the contrary an­swer'd. Athana [...]ius his testimony censured. 3 How Princes may fitly use their authority in Councels. 5, Who presided in the second Councel of Ephesus. 6 Zonaras and Evagrius misalledg'd by Bellarmine. 7. The Emperour appointed Iudges in the Councel of Chalcedon. 8 Which were not the Popes Legates. 8, 9, &c. Arguments to the contrary answered at large. 20, 22 The Presidents in the fifth, 23 And sixt General Councels, appointed by Emperours. 24, 25 Not by the Pope. 31 Emperours not bare spectators in Councels, nor mere exe­cutioners of their Decrees, 32 As the Councel of Trent makes them.
Chap. XII. p. 182.
1 THat the Pope hath no concurrent right to preside in Councels with the Em­perours. 2 Bellarmines reasons to prove the Popes Presidence in the Councel of Nice answer'd. 3 Whether Hosius were President there. 4 That the Pope presided not in the second Generall Councell. 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 fift if he would. What is meant by Prince in a Councel. 10 The Popes carriage concludes his pretended presidence. 11 The Pope no President in the sixt Councel. 12 The seventh, eighth uncertaine. 13 The Popes presi­ded in the eight Generall Councel. 14 Yet doth not that destroy the Emperours right. 15 As some Popes have given out.
Chap. XIII. p. 188.
1 THat the Presidence in nationall Coun [...]els belongs to Kings and Princes. 2, 3, &c, Proved by sundrie exampl [...] of the Kings of France, 11 England [...] 12 And Spaine. 13 Princes did not alwaies exercise this power.
Chap. XIV. p. 191.
1 THe power of authorising Councels given to the Pope by the Trent Councell. 4 How generall Councels were anciently promulgated and authorised. 5 [...] 6 How Provinciall. 7 The power of approving Councels belongs no more to the Pope than to others. 9 His rejection of no more force then others. 10 Councels anciently confirm'd by Emperours. 12 Published and promulgated by them. 13, 14. Provinciall Councels confirmed by particular Princes, as in France.

BOOKE IV.

Chap. I. p. 197.
THat the Councel of Trent (indirectly) advanceth the Popes authoritie above a Councels. 2 By suffering him to command them as he did. 13 And to mulct, 14 And transferre them. 15, 16 Pope Iulius, Paul more bold with the Trent Councel than Eugenius with that of Basil. 17, 20 But with unlike event. 21 The Popes authority in all things reserv'd by this Coun­cell, 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 approba­ [...]ion. 27 The oath of obedience to him, inusuall and injust. 28 So was the Popes cre [...]ting of Cardinals during the Councel. 29 And his taking upon him to ac­cord Princes. 31 Depriving Councels of the election the Pope, 36 The facul­ties of Legats derogaroty to Councels.
[Page] Chap. II. p. 206.
1 THat the Pope is not above a Councel. 2 For so no need of Councels. 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 confess'd themselves inferiour to Councels. 9, 10, 11 The authority of Provinciall Councels greater than the Popes. 13, 14 Much more of Generall. 15, 16, &c. Saint Ieroms testimonie about the Popes authoritie examined.
Chap. III. p. 212.
1 POpes may be, and have beene judged by Councels. 2 Yea and condemn'd too. 3, 4 Pope Iohn deposed by a Councell. 8 Popes in fact have used Councels against other Popes. 9 And submitted themselves to their judgement. 11 The quarrell betwixt the Pope of Rome and Patriarch of Constantinople, judged by the Councell of Chalcedon. 12. The Popes definition of faith examin'd there. 17 A cause judg'd by the Pope may be judg'd againe by a Councell, as Saint Austin.
Chap. IV. p. 217.
1 OF severall Appeals that have been made from Popes to Councels, whereby the superiority of Councels are proved. 2 Appeals made by Emperours. 3 By Generals of Orders. 5, 6 By Kings of France. 7 By the Vniversitie of Paris. 8 A copy of their Appeal. 9 Such Appeals allowed by Canonists. 10, 11, 12 Bellarmines three examples of Appeals from Councels to the Pope an­swered.
Chap. V. p. 217.
1 THat a Councell is above the Pope, proved directly. First from the decrees of Councels, 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 Councels were either called or approved, and confirm'd by Popes. 9 A reference to severall authours that teach a Councel to bee above the Pope.
Chap. VI. p. 224.
1 THe opinions of severall Vniversities touching the authority of Councels a­bove the Pope. 2 As the Vniversitie of Cullen, with their reasons. 3 The Vniversitie of Erford. 4 Of Vienna. 5 Of Cracovia. 6, 7 Of Paris. 9.10 The Councels of Constance and Basil in this point approved by most of the Kings in Christendome. 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 Councels answerd. 3 The absence of some Prelate destroyes not the generality of the Councell of Constance. 4 Because they were schismatical: and so judg'd by the Pope. Nor was it destitute of a lawfull Pope. 5 But confirmed by one. Bellarmines evasion refused. 7 And retorted against the Trent Councel. 8 The Councel of Con­stance approved by succeeding Councels, as that of Basil. 9, 10, 11, 12 And this confirmed by three severall Popes. 13, 14 Nor generally rejected by the Church. 15 but onely by some, and in part. 17, 18, &c. The validity of the Pi [...]an Coun­cell asserted; the nullity of the Laterane; and the story at large of both. 21 The oath of the Cardinals for reformation. 22 Pope Iulius his perjury; 23 Which occasioned the calling of the Pisan Councell. 24, 25 His demeanour in it. 26 His conditions. 27 The Lateran Councell justly rejected. 28 As prejudiciall to France. 29 Is but a Conventicle. 31 And appeal made from it by the Vniversity of Paris.
[Page] Chap. VIII. p. 241.
1 A Refutation of those five reasons which Pope Leo with his Councell of Lateran urgeth to prove his authority over Councels. 2 The first drawne from a sup­posed Decree of Nice. 3 The second from Pope Leo's translating the Councell of Chalcedon. Which is neither true nor proving. 4 The fourth that Pope Martin did the like; but not without the consent of the Councell. 6 The fifth from the Popes prerogative above others. This granted for honour, not for authority. 7,8 Obedience of Councels to Popes pretended, not proved. 10 The fifth reason drawn from hence, that some Councels have desired the Popes approbation. Refuted, 11 Retorted. 12 The repeale of the Pragmatique, 13, 14 Invalid, and never ad­mitted. 15 Pius the seconds inconstancy. 18 Bellarmines argument from the order of names, refuted.

BOOKE V.

Chap. I. p. 249.
1 ABuses committed by the Pope in matter of Indulgences. 2,3 An occasion of much wickednesse. 5,6, &c. A Bull of large Indulgences granted by the Popes in the time of the Trent Councell to the Fraternity of the Sacrament of the Altar. 42 The abuse of Indulgences anciently complain'd of. 43,44 The doctrine condemned by Gerson. 50 Reformation hereof demanded at the Councell of Trent. 51 But not obtain'd.
Chap. II. p. 260.
1 OF Fraternities, how devoted. 2 How dangero [...] 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 originall, and orders. 10 Gersons booke against them.
Chap. III. p. 265.
1 DIspensations abused by the Pope. 2 Hee takes upon him to dispense with the Lawes of God and man. 3 Complaints made hereupon by the Catholiques in Germany. 6 By Saint Bernard. 7 By the Parliament of England. 9 By the Councell of Constance. 10 By Iohn Gerson, 11 By the deputies of Pope Paul. 12 Reformation demanded at the Trent Councell. 13 Which medled with them onely in three cases. 14 And that as good as nothing. 15 And contrary to the liberties of France.
Chap. IV. p. 269.
1 OF unions of Benefices both reall and personall. Which the Councell leaves to the Popes disposall. 2 Which of right belongs to the Bishops of the Dioceses, with consent of the patrons. 3 Vpon reasonable cause. 4, 5, 6 Otherwise they have and may be disanull'd, nothwithstanding any prescription. 7 Contrary to the Councell of Trent; which allowes prescription in some, and the Popes pleasure in all.
[Page] Chap. V. p. 271.
1 OF the residence of Bishops. Which the Councell leaves to the Popes 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 meanes depriv [...] Princes of their best servants. 4,5,6 For Kings to approve of non-residence, was the practice of France before this Councell. 8 And the law since.
Chap. VI. p. 273.
1 BY this Councell of Trent there can be no more G [...]nerall Coun [...]els but when the Pope pleaseth. 2 Which takes away all hope of reformation. 3 And is con­trary to the Decrees of former Councels. 4 The benefits proceeding from the fre­quency of Councels. 5 They bridle the Popes power: And therefore they decline them.
Chap. VII. p. 275.
1 OF Iesuites. Their Order confirm'd by this Councell. 2 Their speciall vow of obedience to the Pope. 3 Their deifying of him. 4 They are the Popes Ianizaries 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 heretiques are to bee put to death. 17 Iesu­ites pernicious to the State, therefore (once) banished out of France.
Chap. VIII. p. 280.
1,2,3 THat this Councell (in effect) gives the election, nomination, and investi­ture in all Abbeyes and Bishopriques to the Pope. 4 How this is prejudi­ciall to Princes. 6 How elections were anciently made by the Clergie 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 Emperour. 13, 14 This prerogative not renounced by the Emperour Lewes, nor Henry. 15, 16 But practised by Emperours, 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 Patriarchs and other Bishops belonged to the Emperours. 2, 3 In which the Popes had nothing to doe 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, &c. As betwixt Henry and Paschal about investitures. 16 The Emperors renu [...]iation invalid, 17 Because compell'd; 18 And does not binde his suc­cessors: 19 Who redemanded their right. 20 The Councels that condemn'd In­vestitures for heresies censur'd, 21, 22 And Ivo for defending them: 23 Who contradicts himselfe. 24 The Emperour Henry in part excused.
Chap. X. p. 291.
1 ELections, nominations and investitures belonging to other Kings and Princes in their owne dominions. As the Kings of Spaine. 2,3 &c. The Kings of Eng­land [Page] possessed of this right both before and since the Conquest. 11 With the Popes ap­ [...]bation. 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 confirm'd by Cou [...]el 23. And testified by Civilian [...]. 26 El [...]ctours to have [...]e Kings Conge d' [...]li [...]e. 27 And the elected to t [...]ke the oat [...] [...] [...]llegeance. [...]8, 29 That the Kings of France ret [...]ne the [...]omi [...]tion and the Popes have got the con­firmation of Bishop [...] 30 Which r [...]ders them obnoxi [...]a to the Popes, and car [...] ­l [...]sse of their Prince. 31,32. &c. Examples t [...]eof 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 Councell exempts Bishops, and even in crimi [...]all causes submits them onely to the Pope. 3 Contrary to right. 4, 5 And anc [...]ent practice. 11, &c. How Emperours have exercised their jurisdiction over Clergie­men, sometimes by their Delegates: 12 Sometimes by Councels 15, 16, &c. This right of Princes acknowledged by Popes. 18 Established by the Imperiall lawes. 19 Allowed by Councels. 21,22,23 French Bishops judg'd by their Kings. Some­times with a Councell, 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 Councell are made the Popes delegates in matters of their owne ordinarie jurisdiction. 2 As visitation of Monasteries. 3 Providing for Sermons in peculiars. 4 Assigning a stipend to Curates. 6 Visiting of Clergie men. 7 Assigning of distributions in Cathedrall Churches. 8 And assistants to ignorant Rectors. 9,10 Vniting Churches. 11 Visiting exempted Churches. 12 And others not exempted. 14,15 Visiting of Hospitals and Schooles. 16 Dispo­sing of gifts to pious uses. 17 Such delegations prejudiciall to Bishops, Archbishops and Lawyers. 18 Evocations of causes out of other Courts to Rome, allowed by this Councell. 19 The inconveniences thence ensuing.
Chap. III. p. 313.
1 THis Councell 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 Realme of France belong to the Civill jurisdiction in some cases, not wholly to the Ecclesiasticall. 4 As libels. 8 Sorcerers. 9 Clandestine mariages. 10,11 And some other matrimoniall causes. 12 Right of patronage for the pos­ [...]essory. 13 Lay appropriations. 15 Maintenance of Priests. 17 Visitation of benefices, so as to compell reparations to be made. 20 Sequestration of fruits. 21 Royall Notaries. 22 Simple Shavelings. 25 Civill causes of Clerkes. 26 A­dul [...]r [...]es. 29 Seisure of goods. 30 Imprisonments. 31, 32 Appeales as from abuse: abrogated by this Councell. 33 Erection of Schooles. 34 Building-mo­ney. 35 Meanes of hospitals. 36 Infeodation of Tithes. 39 Taking of the ac­counts of Hospitals, Colledges, and Schooles.
[Page] Chap. IV. p. 32 [...].
1 EXemptions granted by the Pope to Churches, Colledges, Abbeyes, &c. confir­med by this Councell, 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 un­lawfulnesse and abuses of them. 7 Reformation hereof desired [...]t the Trent Coun­cell. 8 But not obtain'd. 9 Exemptions how used in France.
Chap. V. p. 327.
1 THe power of granting pardon [...] for criminall matters, 2 Allowed to the Pope by this Councell. 3 Vnknowne to antiquity. 4 Being the true right of Prin­ces.
Chap. VI. p. 328 [...]
1 THe number of Papall Constitutions and Decrees complain'd of to this Coun­cell. 2 Yet not abated, but all confirm'd 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 suppo­s [...]titious. 15 Many abusive. 17 And derogatory to the Imperiall lawes. 19 The worst Popes authours of them. And the greatest enemies to Princes.
Chap. VII. p. 335.
1 THe censure of all bookes left to the Pope by this Councell. 2 The extent o [...] this power, and mystery of the Index expurgatorius. 3,4 Wherein they condemn all authours that stand for the rights of Secular Princes. 5 Or of Councels against Popes. 6 And all that have writ against the abuses of their Court. 7,8, &c. And by the like reason they may condemne all or most of the lawes of Princes, and liber­ties of the Gallican Church.

BOOKE VII.

Chap. I. p. 341.
1 THat this Councel tends to the depressing and abasing the authoritie of Chri­stian Princes. 2 By robbing them of their temporall jurisdiction. 3 Espe­cially in case of duels. That a Councell hath no coactive jurisdiction over Princes. This proved by authority of Scriptures. 4 And ancient Fathers. 5 And Popish authours. 6 All coactive jurisdiction derived from Princes. 7,8 Over the Cler­gie variously exercised by the Imperiall lawes. 9 What use the Popes make of them. 10 They doe not binde present Princes.
Chap. II. p. 346.
1 THat a Councel hath no power in temporall matters. Proved by authoritie of Fathers (against the Trent Councel.) 3 By the practice of Popes. 5,6.7 And ancient Councels. 8 By reason. 10 Secular Princes may require subsidies of Cler­gie 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 [Page] by this Councell. 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 Councel. 4 The King of France claimes a priviledge and exemption from excommunication: 5 And why. 7,8,9 This priviledge acknowledged by Popes. 10 Maintained by Parliaments. 11 Con­firmed by Popes.
Chap. IV. p. 355.
1 THis Councell useth commanding termes to Kings and Princes, and makes them but the Bishops officers and executioners of their Decrees. 2 Contrary to the practice of former Councels. 3,4, &c. This makes Princes inferiour to Priests in point of honour. 9 How much the Pope is greater than the Emperour. 11, 12 The humility of ancient Popes; and the great respect they used to Kings and Emperours.
Chap. V. p. 359.
1 THe authority of Kings in the Church and over the Clergie. 2 More in right than in fact. 3,4,5 They are the patrons and defenders of the Church. 6 And have power to reforme it. 7,8,9 This power confest by Popes. 10,11 And Po­pish writers. 12,13 Exercised by Emperours, 14,15, &c. And kings of France.
Chap. VI. p. 365.
1 THat Emperours and Kings have in all ages made lawes of Ecclesiasticall po­litie and discipline. 3,4 Both before Christ, 5,6 And since. 7 That they had power so to doe. (But not to administer the word or sacraments.) 8 Especi­ally the Emperour, the Kings of England and France. 9, 10, &c. This power of Princes co [...]fessed by Councels, and ad [...]itted by Popes. 16 Who became suiters to them in that behalfe, 17,18 And pro [...]oters of their ordinances.
Chap. VII. p. 371.
1 THe King of France wrong'd by this Councell i [...] point of precedence before the King of Spaine. 2, 3 The quarrell betwixt their Ambassadours at Trent about it. 4 The Spanish party favoured by the Pope. 5,6,7,8 And by the Coun­cell. 10,11 The King of France his right proved by Councels. 13 Doctors. 14 Even Spaniards. 15 The Popes prevarica [...]ion in the cause. 16 Which is not yet decided.
Chap. VIII. p. 377.
1 INdults and expectative graces utterly prohibited by this Councell. 2 But to­lerated by the lawes of France, and practised there. 4 All power in excommu­nications, either for procuring or prohibiting them, taken from Civill Courts and Magistrates by this Councell. 5 Contrary to the law and custome of France. Where the kings (by their officers) doe decree them. 6 Or prohibit the execution of them. 7 Thereby curbing the attempts of Popes. 8 Prejudiciall to the lay Iudges. 9 Cen­sures and excommunications abused by Popes. 10 And therefore opposed by Prin­ces. [Page] 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 Councell disposeth of the goods of Religious persons. Contrary to Law. 2 Gives Mendicants leave to possesse lands, contrary to their Order, and its owne Decree. 3 And the lawes of France. Notwithstanding the Popes dispensati­on. 4 This Councell cancels some leases of Church lands, injustly, because without the Kings leave. 5 It ordaines about commutation of last Wils, contrary to the lawes of France.
Chap. X. p. 385.
1 THis Councell commands all Clergie men to receive the Decrees, without re­gard to their Princes consent. (2 Contrary to the practice of other Councels) 3 It denounces excommunications in case of refusall. Requires an oath of obedi­ence. Disa [...]lowes toleration of Religion. 4 Approves violence in rooting out here­sies. 5,6 And ordaines the Inquisition for them. 7 Contrary to the Edicts of paci­fication in France. 8 The prejudices done by this Councell admit of no qualificati­on. 9 And therefore it hath beene justly rejected.
Faults escaped.
Pag.LineFault.Correction.
24.37.preceed.preside.
31.18.to staine,. [...] to staine.
40.36.Trent.Tyre.
41.34.Rhegno.Rhegino.
58.9.a.dele.
64.21.Holynesse.Highnesse.
 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 yeares.
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.Emperours.
191.27.assembling.ascribing to him.
194.13.commanded them that.dele.
222.22.to wit.dele.
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.Monarchie.Monarch.
288.42.you.yon.
293.4.Doctour. rings.Doctours. Kings.
 5.eight.right.
 33.were.they were.
296.42.Churches.clutches.
307.21.honour. under.order. over.
310.41.Iudges Royal, Ordinaries.Ordinarie Iudges Royall.
314.7.confute.confute it.
323.23.the.dele.
328.25.by.to.
331.19.authenthenti [...]ue.authentique.
33 [...].14.by.ly.
336.36.Hugenots.Huguenots.
367.20.Church.Clergy.
374.36.George of.George. Of.

A REVIEW OF THE COVNCELL OF TRENT.

CHAP. I. Of the resistance that hath beene made against such Popes and unjust Councells as tooke too much upon them.

THE Councell of Trent was called of purpose to reforme those abuses of the Pope and Court of Rome which were the occasion of that Schisme under which wee now groane:The occasion of c [...]lling the Councel. which have raised all Christendome up in armes in these latter dayes, and for the space of two hundred yeares and upwards, in sundry Councels: which Pope Adrian did con­fesse 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 caried the matter so handsomly, that in stead of a naturall birth, the Councell was deli­vered of a monster; and for a Canon or Synodicall Decree, brought forth a Papall Bull: in stead of an extirpation of abuses, a nursery of errours: a de­pravation, for a reformation: a source of injustice: an authentique title to legitimate all the usurpations that ever the Popes have made upon the autho­rity of the Church and other Ecclesiastiques; upon Emperours, Kings, and Common-wealths, with their officers, liegemen and subjects: in a word, up­on all Christendome, with all the Estates therein, as well Temporall as Spiri­tuall. To the holding of this Councell they were in a manner compelled by [Page 2] violence:The occasion [...] of calling the Councell. for, excepting honest Adrian, (who went about it with an up­right intention) all the rest would gladly have beene fairly quit of it. Clement the seventh did openly contradict the proposall of it, which Charles the fifth at his coronation caused to be made by his Chancelour at Bononia: But the Emperour prosecuting his suit daily with the successours of Clement; they were constrained to make shew of an inclination thereunto: yet so, as they stood a consulting about the calling of it full five and twenty yeares, from 1522. (what time Adrian by his Legat at the Diet at Norimberg engaged his promise for it) till 1546. still giving out faire 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 eighteene yeeres, taking their time of purpose that they might levell their stroke right, wherein they have outstript 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 blowes and mortall wounds there. Germany was fatall to them, and the remembrance of the Councels of Con­stance and Basil madded them; when they thought upon the deposall of so many Popes; the discipline whereto they were made subject; and the cutting short of their power. They had observed the saying of Iohn the 23. Nau [...]leru [...] Volum. 1 gene­rat. 48. The place of the Councell is all in all; I will not have it in a place where the Empe­rour hath the upper hand: and the despaire he conceived both of himselfe and his fortunes, when he received the newes that his Legats had condescended to the election of the City of Constance. They perceived withall that all Ger­many banded with the Emperour to have the Councell amongst them, and bended all their designes to that end: so that it necessarily concerned them to save themselves by flight; to shuffle on the time; to spin out delayes; to pump for pretences; and in fine, when they could no longer shift it, it was behoof­full they should pitch upon some such Citie as would be sure unto them, that depended on them, and wherein they had absolute authoritie. 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 speciall warie to what persons they yeeld admit­tance; to bestow such onely there as were engaged, that so they might make it more firme for them; and proceed now quicke, then slow; now an amble, anon a gallop; holding that course which best fitted with the nature of the af­faires, and the disposition of the persons. It behooved them also now and then to breake off and deferre it, and when their partie was somewhat ill at ease, to adjourne it to another place, as as to Bononia, under colour of some sorie indisposition of the aire: Besides, to move all Catholique 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 turne, then they must scatter reports amongst the Catholiques themselves, to set them by the eares together, and kindle the fire in all quarters of Christendome; enter league with the stronger partie, to support their greatnesse, and raise it to a higher pitch. They must by all meanes possible winne the Bishops and the rest that had ought to doe in the Councell; feed them fat with promises; present them with commodities, make them joint sharers in their dignities and benefices, and gaine 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 poste in a cloke-bag, making him take a good many journeyes: To anathematize all the opinions of the Lutherans, Huguenots, and Calvinists, without exception, how true soever; for feare of giving them the least advantage. To make good­ly decrees in appearance for the reformation of manners and Ecclesiasticall [Page 3] discipline, about points unnecessarie, and such as never came in question:The occasion of calling the Councell. and under hand to forge others to confirme the groundlesse usurpations of the Pope, and quite a [...]ull 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 Monarchicall; 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 materiall sword, or some such like offensive weapon, wherewith he might assassinate them, when they should wax either cold or luke-warme towards his imperiall Edicts. It behooved them also to disannull all the Decrees of the Councels of Constance and Basil which were any way prejudiciall unto them; either covertly repealing them, or by some oblique meanes voiding the force of them; and so to deale with the rights and liberties of some such Realmes and Provinces as durst stand upon their prescrip­tions, priviledges, lawes and statutes, whereby they pleaded exemption from their upstart Decretalls. Lastly, it concerned them to take speciall care how they medled with the reformation of the Pope; how they spoke of his exces­sive power; of the abuses and misdemeanors of his Court; of his injust at­tempts, and the little care which he hath of his spirituall charge, and the good of soules. This was a rocke they must not touch upon in any case. And so well they knew how to steere for their best advantage, that whosoever reads their Decrees, cannot choose but forthwith confesse that it is a worke meerly Pa­pall, and such as none else could have a hand in; and will ever remaine of this opinion, that this last Councell is nothing behinde with those of Florence, and that of Lateran, which were called of purpose to disannull that of Basill, and the second of Pisa: just as this of ours was to stop the clamours of the Chri­stian Princes and people, lest they should have put up one or other in Germany, like to the first of Pisa, or some others held in after ages. For you shall never reade of any Councell that was so much to the Popes honour and good liking, as this. Amongst so many Buls and Constitutions which have come forth since, you shall scarce finde any which doth not make mention of this Councell; which doth not name it with honour; which doth not expresse an earnest de­ [...]ire of the observation of it, and which doth not in some sort confirme it. Let a man but reade the Commissions of the Nuncio's, which since that have come into France and other Countries; so many articles in them, so many rehearsals or reinforcements of this Councell. To say nothing of the great paines they have, and doe daily take, to have it generally received and kept: Among all the Councels that ever were, no compare with this for reverence and respect. It hath quite defaced and extinguished the memorie of all the rest. Tis their mi­nion, their favourite, their champion, their arcenall, their bulwarke, their pro­tector, their issue, and their creature: and good reason why they should make so much of it. Now the more highly they prize it, the more should we sus­pect it; the more should we straine our veines, and bend our nerves, our force and vigour, to repell and stifle it as a venemous serpent: what we doe in this kinde will not want a president. When Popes and Councels have straggled out of the right way, when they attempted more than of right they ought, when they tooke their passion for their guide, they have ever encountered with just disobediences, and lawfull resistance; with strong mounds and fences, which have stopt the current of their out-breakings and injust enterprises.

2 The Emperours of Germany are all full of wounds and scarres, which they received in such like scuffles. I may well say received, not onely in the autho­ritie they have or should have in the Church, in the rights of their Empire; but even in their persons: I may well say scuffles and combats, they being oft­times constrained to buckle on their harnesse, and take up their swords in their owne just defence, to repell the offensive armes of him who under pretence [Page 4] of the Spirituall, usurped upon the Temporall; stirred up against them their vass [...]ls and subjects; tooke the Crowne from them, and elected others in their place [...] pretending himselfe to be Emperour and Lord paramont of the Empire, and all the Kingdomes of the world: who made as much use of Pauls sword as Peters keyes, to atchieve his conquests, to wreake his vengeance, to in­grosse all authority unto himselfe, and like the old Romanes, to make himselfe Monarch, Commander, and Lord of the Universe. The examples of the Hen­ries, Frederickes, Ludovicus Bavarus, and many other Emperours, are suffici­ent proofes of what we here speake. England hath had such sufficient expe­rience of the eff [...]cts of that tyrannicall government, that after she had lost all her liberties both Ecclesiasticall and Civill, (which were not inferiour to those of France) after she had beene ransacked and ravazed in a Scythian and Tarta­rian manner, she was miserably enslaved and made tributary to Rome; and her Kings, for all their honour, declared feudataries to the Pope; stooping under that base servitude till Henry the eight; who, to be revenged of an injury re­ceived touching his marriage, withdrew himselfe and all his Kingdome from his obedience to the Pope, and that while he was yet a Catholique.

As for our 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 beene at daggers-drawing with the Pope and Court of Rome, for the preservation of their rights and liberties; which consist mainly in the not acknowledging of the Popes power any way in temporals, nor in spirituals, but so farre as is con­formable to the ancient Canons and Decrees. Sometimes they went so farre in the controversie, that he, that shall reade the histories of it, will never mar­vaile at those writings which have beene set forth against the Pope in these latter dayes. The commendation of preserving these liberties belongs princi­pally to our Kings, who have ever opposed themselves against the avarice and ambition of the Court of Rome, as Guardians, Protectors and preservers of these liberties; and have stopt the course of that, not without a great deale of trouble and turmoile, by the good advice and counsell of the States of the Land, and chiefly of the Parliament and University of Paris, who have ever beene the for [...]esses of France. King Philip Augustus, Saint Lewes, Philip the Faire, Charles the sixth and seventh, Vid le [...] re­mons [...]an [...]es [...]a [...]tes a [...] Roy Loys 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 Iean du Tillet. Et ap­pendicem ad Martinum Po­ [...]onum, sub anno 1312. E [...] l'ad­vis de M. Iean 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 Faire rejected the Bull of Clement the fifth, concerning the confi­scation of the goods of the Templars, (although it was confirmed by the Coun­cell of Vienna [...]) as entrenching upon jurisdiction within his Realm; it is a won­der to thinke how farre they went in some particulars.

Platina in Bonifacio 8. Martinus Polo­nus sub anno 1301. Iean Bouchet en la 4 partie 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 saucinesse of Boniface the eighth; who being incensed by the resistance of that Prince, thundered so thicke upon him, that after he had pronounced him his vassall and subject as touching his temporals, he denoun­ced an anathema against him in reference to his spirituals. The King being just­ly provoked herewith, assisted by the Lords Temporall and Spirituall of his Realme assembled in Parliament, by their counsell and advice, repelled that in­jury: and paying him in his owne coine, caused his injurious and proud let­ters to be burnt; sent his Nuncio's home againe with shame enough; accused him of heresie and symony; yea and put him in such a fright by that brave spi­rit Nogaret of St. Felix, that he died upon it.

Charles the sixt being excommunicated by Benedict the thirteenth, put the bearers of his Bulls to the Amende ho­noraire so they call this kinde of ignominious punishment. honourable Amends, making them to bee carried in tumbrels, apparelled in painted coats, with paper Miters upon their heads, and the Popes Bull represented in their hands, and his armes reversed. All which was done by the advice of the Princes, Lords, Prelates, and other Ecclesia­stiques [Page 5] of his Kingdome, together with the Parliament and University of Pa­ris; as appeareth by the Acts published concerning this particular.

Lewes the eleventh, to wave the censures of Pius the second, made his At­turney generall put in an appeale from that Pope to the next Councell. Lewes the twelfth had a defensive warre against Iulius the second, upon this occa­sion. He had suspended him by the Councell of Pisa, whereupon hee procu­red a Synod of the Gallicane Church held at Tours in September 1510. to de­termine against him, That it is lawfull for Christian Princes to defend them­selves against such Popes as stirre up unjust warres against them, and to substract their obedience from them.

The Parliaments of this Kingdome, and namely that of Paris, Vi [...] les remon­strances faites au Roy Loys 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 alwaies engaged their authority for the justice of such defence; either by way of hum­ble remonstrance made to our Kings, (who, upon the perswasion of some bad Councellors, sometimes yeelded too much to the Popes impositions; or else by reason of the exigency of their affaires, which those cunning fowlers were ever ready to spy out, soothed them up in their humour too much) or else by cancelling the Popes Bulls in cases of appeales as of abuse, or some other way: where the Advocates and Atturneyes generall have euer had a faire occasion to shew their strength and abilities in, and whence many of them have purcha­sed eternall commendations. The famous University of Paris, and more espe­cially the learned Sorbon, have as it were set bounds and limits to the power of the Popes, and made them know their duty; they have sleighted their injust Buls; and, what by their consultations, what by their appeales to future Coun­cels, they have preserved our liberties and priviledges entire even untill this instant. I will not robbe the Clergy of France of the honour they have atchie­ved, nor of the share which is due unto them in all these trop [...]ees. What though there were some of that ranke defective in their duty to their Prince, out of a timorousnesse which they might have of being disobedient to him whom they accounted their spirituall Head? yet there wanted not some of them who stood in little awe of his chafings and thundering.

The Prelates of France, in the Synod of Rhemes held under Hugh Capet, Concilium Rhemense. made a declaration: that the Popes have nothing to doe to usurpe the power and authority of Kings. Arnalt Bishop of Orleans maintained in that Synod, that the Popes have no power at all over the Bishops of France, so as to have any cognizance of cases belonging to them; and hee declamed most stoutly a­gainst the avarice and corruption of the Court of Rome. Gerbert Archbishop of Rhemes, and afterwards Pope of Rome, in an Epistle of his writ to Seguin Archbishop of Sens, saith, that Rome approveth such things as are condemned, and condemneth such as are approved,Gerbertus in epistola ad Si­guinum Seno­nensem Ar [...]hie­piscopum. That (saith he) which wee say belongs onely to God; the Apostle tells us. If any preach unto you any other things than those ye have received, though it be an Angell from heaven, let him be accursed. Must all Bishops burne incense to Iupiter, because Pope Marcelline did so? I dare boldly say, if the Bishop of Rome have offended one of his brethren [...] and will not heare the admonitions of the Church, he ought to be accounted as a Heathen and a Publican.

The Bishops of the Councell of Ments writ yet a little more tartly to Ni­cholas the first,Vi. Annales in­certi authoris inter scriptores co [...]taneos Pi­thoei. calling his fury tyrannicall; his decree injust, unreasonable, and against the Canon lawes; accusing him of rashnesse, pride, and cousenage; and so giving him to know that he had no power over them, and that he ought to acknowledge them for his brethren and fellow-Bishops.

Vrban the second forbade the Bishops of France to crowne Philip whom he had excommunicated;Ivo epist. 134. but they were readier to obey their Kings commands, than his prohibitions, as we shall tell you anon. The most of those oppositi­ons made by our Kings, whereof wee have spoken, were abetted by the Pre­lates, and other Ecclesiastiques. These latter times afford us as pregnant ex­amples [Page 6] as any of the precedent; [...]lling the [...]ou [...]ell. wherein we have seene the most learned and honourable Prelates of France banded together for the maintenance and de­fence of their King, their rights and liberties of their Countrey and Church of France, against a Gregory the fourteenth, a Sixtus the fifth, and such others as projected the demolition and utter ruine of this State. It were too hard a taske to goe about to reckon up the words, deeds, and writings of the many Prelates and Churchmen of this Kingdome, whereby they have many times re­pulsed the invasions of Rome.

12 Suffice it us to say, that in the greatest stormes God hath ever raised up men of courage and discretion, as many, yea more of that order than any other, who have rung the alarum, sounded the trumpet, taken up armes, and given our Kings to understand how farre they might exercise their power in spiritu­alls, for the preservation of their rights and liberties.

Annales in [...]ert [...] [...]ut [...]or [...] in col [...]loctione Pi [...]hoei, sub anno 863. & Aventinus l. 4 hist. Bo [...] [...]um.13 Nicholas the first in a Synod of his holden at Rome in the yeer 865. revo­ked the Decrees of the Councell of Ments, pretending that it had attempted to make a divorce betwixt King Lotharius and Thiberg his wife, promising withall that he should afterwards marry with Waldrada, and this without the authority of the See Apostolique: he also deprived of their dignities, and ex­communicated Theugot Archbishop of Triers, and Gunther Archbishop of Cu [...]en, and passed the same sentence of condemnation upon the rest of the Bi­shops of that Councell, in case they did imitate and uphold the former. Please you heare his owne words. The sentence of deposition, which we have denounced against the foresaid Theugot and Gunther, and the other chapters made by us and the holy Councell, shall be here inserted. Yet for all these menaces, they cau­sed pretty stout letters to be writ to the Pope in the name of Theugot and Gun­ther, whereby they shewed that they made no great reckoning of his thun­dering and condemnations, though hee had given them a taste of a Councell. We doe not receive (said they) that corrupt sentence, which is far from any zeale of equitie, injust, unreasonable, and against the Canon law. But, together with the whole assembly of our brethren, we disregard and reject it, as a matter uncon­scionable and full of wickednesse, pronounced in vaine. Nor will we communicate with thee, who art a favourer of such as are anathematized and cast out, despisers of holy Church, and dost indeed hold communion with them. But we content our selves with communion with the whole Church, and that fraternall society which thou proudly misprizest, in exalting thy selfe above it, and excludest thy selfe from it, making thy selfe unworthy of it by an over-haughty advancing thy selfe: So that out of an inconsiderate lightnesse thou art strucke with an anathema by thine owne sentence; in as much as thou writest, Cursed be he that doth not keep [...] the Apostolicall commandments; which, it is well knowne, thou both heretofore many wayes hast, and at this present doest violate, trampling under foot both the lawes of God and the holy Canons of the Church at once, making them of no effect nor use in as much as thou canst; never treading neere the footsteps of thy prede­cessors the Bishops of Rome. We therefore having experience of thy craft and sub­tilty, observe withall thy indignation and high swolne ambition, and wee doe not yeeld an inch to thee nor to thy pride, whereby thou hastenest to bring us under hatches, prosecuting herein the desires of our enemies, but thy favourites. Nay thou shalt know, we are none of thy Clerkes, (as thou doest boast and bragge) but that thou shouldest acknowledge us for thy brethren and fellow-bishops, if thy ar­rogancy would permit thee so to doe.

14 When the Popes had not power enough of themselves to compasse their ends, to tame Princes, to trouble and enthrall Christendome, or haply when they would set a fairer glosse of justice upon their actions, and cut off all means of gainsaying, then they releeved themselves by the authority of some Coun­cell or other called together by their cunning, and packed up according to their humour; whereunto all men, in honour and reverence to the Church, [Page 7] readily submitted themselves as unto some divine Oracles.The occasion of calling th [...] Counce [...]l. Till at last they be­gunne to finde out the mystery, and perceive plainly that those assemblies, un­der colour of piety and religion, served but for instruments to the Popes hu­mours, to wreake their humane malice; stucke close unto their tyranny [...] and gave authority to their injust usurpations. This was it which oft times gave oc­casion to reject those Councels as spurious and adulterate, as the Synagogues of Satan; yet alwayes conserving a due reverence to those true, holy, lawfull, and Oecumenicall assemblies assembled in the name of the Holy Ghost, wher [...]of we shall give you an instance or two.

15 Gregory the seventh excommunicated the Emperour Henry the fourth, by vertue of a famous Councell holden at Rome, H. Mu [...] l. 15. Germani [...]. Chron [...]corum pag. 118. in the yeere 1074. The Pope (say the German Chronicles) called a famous Synod of Bishops, and other Ecclesiasti­call Prelates at Rome, in which Councell divers things to bee observed by all Christians, concerning the Popes authority, were enacted and ordained. There al­so was Henry afterwards excommunicated as an enemy and persecuter of the Church. Platina hath set down the forme of that excommunication.In vita Greg. 7. Guilielmus Malmes [...]u [...]. l. 4. c. 2. An Eng­lish Monke doth ascribe it to the Councell of Cleremont; but he doth but equi­vocate in that, unlesse hee meane that it was repeated there. Yet for all this the Bishops of Germany did set so light by it, that the next yeere after being Synodically assemb [...]ed 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 Councell at Brixin a City in Austria; where he assembled all the Bishops and Abbats which were of his opinion, against Pope Gregory: In which Counce [...] they by their decrees deposed Pope Gregory, in his absence, from the See apostolique, as a perturber of the Church, and a wilde headed Monke (for he was a Monke before he was Pope) and chose in his place Gerbert Archbishop of Ravenna. Afterwards he sets downe the very words of the Decree. Platina, though an officer of the Popes, affirmes as much.In Greg. 7. Then (saith he) Henry being rather incensed than admonished by these censures, having assembled a company of Bishops ill affected like himselfe, he created Gerbert, late Archbishop o [...] Ravenna, Pope, and called him Clement. The Councell of Clere­mont holden under Vrban the second, and where hee was personally present, in the yeere 1094. or (as others are of opinion) 95. made the like attempt to excommunicate King Philip in his owne kingdome, by reason of his marriage; and againe in a Councel holden at Poictiers not long after by the Popes Legates. In this Councell (saith Matthew Paris, 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 Cleremont) Pope Urban excommunicated Philip King of France. And another English Author; In this Councell the Pope excommunicated King Philip of France, and all such as should call him their King or their Lord, and which should obey him, or speake un­to him. In like manner Ivo Bishop of Chartres speakes of them both. By rea­son of this accusation King Philip was excommunicated by Pope Urban at the Councell of Cleremont; and having resumed the same wife after he was divorced from her, he was afterwards excommunicated at the Councell of Poictiers by the two Cardinals Iohn and Bennet. Notwithstanding which excommunication he was crowned by the Archbishop of Tours, in a full assembly of other Bi­shops. Know you therefore (saith the same Bishop of Chartres in a letter of his to Pope Vrban, Idem Ivo epist. 68. whose partisan he was) that, contrary to the prohibition of your Legat, the Archbishop of Tours hath set crowne upon the head of the King. He speakes afterwards of the election of a Bishop, made at the same time by those who were assembled with the said Archbishop. And in another epistle of his to one of the Legats of Pope Paschal the second,Idem Ivo epist. 134. Certaine Bi­shops (saith he) of the Province of Belgia, crowned the King upon Whitsunday, [...]ontrary to the Edict of Pope Vrban of happy memory. In another Epistle former­ [...]y writ to the same Vrban, he gives him to wit how Philip had sent Ambas­sadours [Page 8] unto him with prayers in one hand,T [...]e o [...]a [...]ion of calling the Councell. and threats in the other, such as these; That the King and Kingdome would relinquish their obedienec to him, unlesse he did restore the King unto his crowne, and absolve him from the sen­tence of excommunication. Ivo epist. 28. ad Vrbanum Pa [...]m. And afterwards he advertiseth him, how the Arch-Bishops of Rhemes, Sans, and Tours had, by injunction from the King, appointed their suffragan Bishops to meet at Troyes, the first Sunday after All-Saints day, after he should have returned his answer. Whence we collect two things; first, that the Bishops of France did not cease to acknowledge their King, nor to obey him and communicate with him, notwithstanding the prohibition from the Councell of Cleremont: next, that they were very ready to put in execu­tion those threats which the Ambassadours went to make unto the Pope, in case he did not condescend unto the Kings pleasure. And yet that was as re­nowned a Councell as this of Trent, if not more; where the Pope himselfe was present in person; where that great Croisada for the holy Land was concluded upon:Matthaus Westmonast. l. 2. sub anno 1095. and one of our Historians speaking of it, calls it in terminis, The great Councell. In the yeere 1215 Innocent the third in a generall Coun­cell holden at Rome, did excommunicate Lewes the eldest sonne of Philip Augustus King of France, with all his adherents. The same yeere (saith an English Monke) upon S. Martins day, Matth. West. monast. lib. 2. sub anno 1215. was there a generall Councell holden at Rome under Innocent the third; at which were present, Primates, and Arch­bishops sixty one; Bishops, foure hundred and twelve, and eight hundred Abbots and Priors. In which Councell the said Pope did excommunicate Lewes the King of France his eldest sonne, and all the Earles and Barons of England, with their complices, which conspired and rebelled against the King of England. Phi­lip Augustus knowing the excommunication, said to Gualo the Popes Legat,Idem ad ann. 1216. The Kingdome of England (which the Pope pretended to be feudatary to him, and thereupon proceeded to that sentence of excommunication) never was, nor is, nor ever will be S. Peters patrimonie, in as much as no King or Prince can give away his Kingdome without the consent of his Barons, who were bound to defend it. And if the Pope intend peremptorily to stand in this errour, urged thereto by a desire of enlarging his dominion, hee will give a bad president to all Kingdomes. Whereupon the nobles of France, seconding the words of their Prince, begun in an instant to cry out with one voice, That they would stand for that article till death. And yet all this was against the decision of a solemne gene­rall Councell.Platina in Bo­nifa [...]io 8. Martinus Polo­nus l. 4 in Boni­ [...]acio 8. sub an. 1302. Boniface the eighth (saith Platina) having called a generall Councell, subj [...]cted Philip the Faire and his Kingdome to the Emperour Albert: this was (saith the Bishop of Consentia, who relates the same story) in the yeere 1302. Notwithstanding this decree of the Councell, Philip the Faire did revenge himselfe upon Pope Boniface, in such sort, that if his violent death had not ensued upon it, his proceedings had never been blamed nor con­demned by any man. Platina, Platina in Bo­nif. 8. after he hath delivered the story at large, gives him this elogy; Thus dyed that Boniface, who studyed rather to strike a terrour then religion into all Emperours, Kings, Princes, Nations, and people; who laboured to give and take away Kingdomes, to repulse and recall men at his pleasure; insatiably thirsting after an incredible masse of money, which he had raked together by hooke and crooke. Wherefore let his example be a lesson to all governours, religious and secular, not to rule their Clergie and people proudly and disdainfully, as the man we speake of did, but piously and modestly. Bene­dict th'eleventh, who succeeded this Boniface, being informed of the justice of the cause of our King, absolved him from the interdict, whereto both him­selfe and all his Kingdome were subjected;Extravagant Meruit. de pri­vileg. M [...]rtinus Poli­nus in Clemente [...] sub an. 1305. and besides set forth a declaration for the exempting of the Kingdome of France, from that power which Boni­face by his Decretall did arrogate to himselfe over all Empires and King­domes whatsoever, and for the preserving of it in the ancient rights and liber­ties thereof.

[Page 9]16 Pope Iohn the twenty second (say the German Chronicles)Henry the 3. urged [...]o re­ceive it. having cal­led a Councell at Avinion of Bishops and Cardinals not a f [...]w, passed the sentence of exc [...]munication upon Lewes the Emperour, and gave his reasons in his B [...]ll [...]gainst Lewes;Mutius in Ger­manic. Chronic [...] l 24 pag. 2 [...]6. because he had aided heretiques and schismatiques, and had e­ver been a favourer of rebells. And besides he denounced the sentence of excom­munication against all those that did not sequester themselves from his company, and of deprivation of their benefices and dignities against such Priests as should celebrate divine service in his presence. The Author addes one thing very re­markable; These proceedings (saith he) of the See of Rome, were in those daies of great efficacy; for it was a crime inexpiable to be of another opinion then 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 im­periall Diet called afterwards by the Emperour, to see if hee could finde any reliefe against that sentence; all the world was frozen-hearted and crest-falne. All the refuge that poore Emperour had, was in a few Lawyers, who stoutly defended his right, and thereby confirmed most of those who were wave­ring. Lewes had (saith the same Chronicle) some Doctors both of the Civill and C [...]non Lawe, who were of opinion, that the Popes sentence was null and in­valid; which opinion of the Doctors was a meanes why divers did not abandon him. See here how the Emperours party, notwithstanding his right, was at first but very weak; yet afterwards grew so strong, that every one openly rejected the unjust decree of the Councell. The Estates assembled at Franc­ford the yeere 1338. did cancell and disanull all these lawlesse proceedings, by a faire decree which wee may read at large in Nauclerus, Nauclerus Vo­lum. 2. Generat. 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 hi arti­cuii apud Nico­laum de Clamen­giis post Ar­restum de An­na [...]is pag. 128. Provost of Tubinge, wherein are set downe all the authorities and reasons in law against the fore­mentioned sentence and processe, with this close, By the advise and consent of all the Prelats and Princes of Germany, assembled at Francford, wee decree that the former processe, be void and of no effect, and pronounce a nullity upon them all. One of our commentators affirmes, that even in the Court of Rome, where himselfe afterwards was, many Prelates and many laiques, well skilled in both the Lawes, did hold that the Emperour was wronged. To bee short, there was not one till Pope Benet the twelfth, who succeeded Pope Iohn, that did not disrelish that processe; and yet it was done in a Councell. The Councell which was begun at Ferrara 1438, and continued at Florence, was never received and approved of in this Realme of France. The Bishop of Panormo tells us so; The King of France (saith he) did expresly forbid upon great penalties, that any of his dominions should goe to Ferrara to celebrate the Oecunmenicall Councell. Charles the seventh telles some Cardinals downright so, who were sent Ambassadours from Eugenius, and were come to Bruges to get him to accept of it, and amongst others to present him with this Article; That since such time as it was translated to Ferrara, the King should reject the Councell of Basil, and receive the Councell of Ferrara with the acts thereof. Whereto he made answer, after six dayes deliberation with his Prelates and others assembled at Bruges, That hee had received the Councell of Basil for a Councell indeed; that he sent his Ambassadours thither; that many things were there wisely determined concerning faith, and manners [...] and such a [...] hee liked well of: But for that of Ferrara, hee never did, nor never would take it for a Councell.

17. These articles and answers are extant in the workes of Nicholas de 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 Gene­rall Councell. For marke how he speakes of it in his Bull of the 22. of Aprill 1527. directed to the Bishop of Farnasia. Wee cannot chuse but l [...]nd you our assist [...]ce in the impression of the Acts of the eighth Generall Councell held at Florence, which you have translated out of Greeke into Latine. True it is, that [Page 10] Laurence Surius disavowes it, [...] not admitted. when he saith, it was not well said to call it the eighth Councell, because that's not it's place. He wist not haply, that a Pope (so saith Bellarmine, them to a greater Doctor than Clement) ranckt it the sixteenth amongst the approved Generall Councels. There hath beene such a stirre in France about placing it according to it's ranke,Su [...]ius in [...]pist. a [...] l [...]ctorem po­s [...] [...]a [...]te Concil [...] t [...]m. 4 [...]on [...]il. p [...]g. 780 Bellarm. 1. tom. 4 [...] contr. gener. l. 1. c. 5. that the que [...]tion hangs yet in the Court undetermined. As for the Councell of Basil, although the Ambassadors of France were there, and Charles the seventh confesse that hee received as a Councell; yet for all that hee approved it but in part: for of forty five Sessions of that Councell, France hath received onely the thirty two first, and those too not without some qualifications and restrictions. Some De­crees as they lye, others with certaine formes and modifications; so sayes the Pragmaticall Sanction.V [...]. [...]ragmatic Sanc [...]ion [...]m in pro [...]m. As for the last, which mainly concerne the deposing of Pope Eugenius, and the creation of Felix the fifth, Charles the seventh made this protestation: The King protesteth as a most Christian Prince trea­ding in the foot-steps of his predecessors, This p [...]otesta­tion was p [...]in­t [...]d [...]t Paris by Iohn Daillier, anno 1561. togeth [...]r with an o [...]ation mad [...] before Charles [...]he 6. in the name of the University of Paris. that he is very ready to give eare to the Church rightly and lawfully called together. But for as much as many honest and grave personages make a question, whether the suspension, deprivation, and [...]lection which ensued thereupon at Basil, were rightly and Canonically performed or no [...] and seeing it is doubtfull whether that assembly did sufficiently represent the Church Catholique, then when the matters were acted & agitated, so as they might proceed to points of such great consequence and difficulty, therefore the King doth persevere and continue in his obedience to Eugenius, wherein he is at this present. That which Benedict, sometimes Counsellour to the Parliament of Tholous, hath delivered in his workes concerning this point, is very remarkable. Herein (saith he) appeareth the errour of some, 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 Councell of Basil: for shee might both reject, and not accept them, and qualifie those shee received by adding to, or detracting from them, and so put them in forme and fashion: not upon misdoubting of the power and authority of that Generall Councell which made and published them; but to fit and accommodate them to the exigencies of those times, and to the condi­tions of the places and persons in the Kingdome, and in Dauphine; in such sort as those Fathers have expressed, and as it appeareth by what wee have delivered, but more plainly, in the text of the pragmaticall Sanction: so that if they might be wholly rejected, much more might they be onely in part receiued, and that with some qualifications and conditions. As for the last Councell of Lateran, how­ever the Popes make high esteeme of it, as being very advantagious to them, yet indeed it cannot justly be tanked amongst the number of lawfull Councels, both because it was purposely called for a countermine to the second Pisan, to elude the reformation intended as well in the head as the members; and also by reason of the iniquity of the Decrees there made; whereof wee shall treat elsewhere more at large. Here I need say no more, but that it was never re­ceived nor approved in France;Extat in fasci­cu [...]o re [...]um ex­pe [...]end [...]rum pag. 346. nay more, the University of Paris did put in an appeale to the next Councell: the copy whereof may bee read in some au­thors, where it is said, amongst other things, that this same Councell was pur­posely assembled against France: as indeed it was. For there both Lewes the twelfth was excommunicated, the Pragmaticall Sanction repealed, and the se­cond Pisan Councell consisting mainly of French (which was their fault, not our plot) in like manner condemned. Tis said also, how that Councell was not assembled in the name of the Holy Ghost: and a Germane Monke styles it a packe of Cardinalls;P [...]ulus Langiu [...] in Chron. Siti­zensi sub ann. 1513 commending and approving that appeale which was made concerning it by the University of Paris: It will prove cozen germane to that of Trent [...] so that I will not here set downe the very words of that appeale, be­cause I take occasion to speake of them elsewhere. He that shall seriously con­sider [Page 11] these instances, hee will finde,This Coun [...]ll more encro [...] ­ching [...]han othe [...]s. that the rejection hithertowards of the Councell of Trent, both in this and other Kingdomes, is no novelty nor extra­ordinary thing. For many of those by us mentioned were more famous, more generall, more legitimate, and withall farre lesse prejudiciall, than this. They conteined onely some petty grievances, some personall injuries, some particu­lar intrenchings upon some rights, either Ecclesiasticall or Temporall: But this keepes neither rule nor measure, but turnes the state of the Church, and all Christendome topsie-turvie: it sets the Pope above all: above Kings [...] Princes, and Councels [...] yea it puts Kingdomes and Empires in subjection under him: and for Temporall matters, it gives him full power and absolute authority over such Ecclesiasticall persons as did not acknowledge any jurisdiction of his, save such as remained upon record: it reduceth us to our former miseries, to a necessity of going to Rome to plead our causes, that so it may squeeze our Countreyes both of men and money: it entitleth him to the election into Bi­shopricks and Benefices, so to cozen the naturals of each Kingdome and Pro­vince of them, and to transferre them upon such strangers as will be at his de­votion: it robs Kings of the nomination of Bishops and other Ecclesiastiques, and of that jurisdiction over them which they ought to have; nay and in some cases even over meere Lay-men; devolving all to the Pope by meanes of ap­peales, commissions, evocations, reservations, exemptions, and that absolute authority which it gives him in such things as concern [...] the manners and dis­cipline of the Church, nay indeed in all things without exception: It repeales the ancient Canons and Ecclesiasticall Constitutions, subjecting us wholly to all the Papall Decrees, which dispose as boldly of Temporalls, as Spiritualls. It totally reduceth all ancient liberties to servitude, and particularly those of France, whereby we were ever preserved from an insupportable tyranny; from those troubles and calamities which were prepared for us, and under which our ancestors groaned, whensoever they were carelesse to preserve them. Whereupon they have (as it were) pourtrayed them forth upon a tablet,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 shipwracke of their liberties. So as a many would say, they knew by a secret revelation that the Councell of Trent would come, and foresaw our future stupidity. And yet even then when they gave us this counsell, they were onely busied about the maintaining of some few of their liberties, whereas now all are going, (as we shall make it plainly appeare in this Treatise) beside [...] many other injustices, which it would be too long to specifie in the prologue. And for as much as that which first put me upon this enterprize, was the ear­nest suits, which, being at Court, I have seene exhibited to our Soveraigne in behalfe of the Pope for the receiving of this Councell, I thought fit to shew in the first place, that this is no new thing, but that whatsoever they can urge concerning this point, hath beene heretofore urged to our precedent Kings, but in vaine, and with no effect; for they would never give eare to the publi­cation of a thing so dangerous both to the Church and State.

CHAP. II. Of the instances which have beene made unto the late Kings, for the receiving of the Councell of Trent.

C [...]arles th [...] 9. urged to r [...] ­c [...]ive it.1 THe Councell of Trent was no sooner finished, but Charle [...] [...] the ninth was moved by the Ambassadours of Pope Pius the fourth, of the Emperour, the King of the Romanes, the King of Spaine, and the Prince of Piemont to keepe, and cause to be kept within his Dominions, the Canons and de­crees of that Councell: ‘Marke the very Article of their am­bassage;Voyez le troisi­esme volume de recueil des cho­ses memorables pour le fait de la religion & estat de Roy­aume, enl [...] [...]n 1563. The first point is, that they have sollicited the King to observe and cause to be observed in all his Kingdome, Countries, places, and Signiories within his Dominions, the articles of the holy Councell lately holden at Trent, which they had brought with them. And to the intent they might be read unto him, and an oath administred before the delegates of the said Coun­cell, the King was appointed to appeare at Nants in Loraine, upon our Ladies day in March, where the said Grande's would likewise appeare, they and all the Kings and Princes of Christendome; where they determined to make an universall law, like to that which was was enacted and agreed upon at the said holy Councel, for the extirpation of heresies and uncouth doctrines; such as should be found repugnant to the holy Councell aforesaid.’

2 They made also some other requests unto him; as, that he would put an end to the alienation of the temporall goods of the Church; that he would cause the ringleaders of the seditious and schismaticall persons in his Domini­ons to be punished; that he would revoke the pardon and absolution granted by his proclamation, especially in respect of such as were guilty of treason a­gainst the Divine Majestie; that he would put his hand to the sword of justice, for the punishing of the murther committed upon the person of the late Earle of Guise. To all which demands, he made answere by writing in this sort. ‘I thanke your Masters Majesties for the good and commendable advice they give me; and you also for the paines which it hath pleased you to take in that behalfe: giving you to understand that my very purpose is to live and cause my people to live according to the ancient and laudable custome kept and ob­served in the Church of Rome: and that the peace which I made hereupon, was to cleare my Kingdomes of the enemie: and for the present, my desire is, that justice be observed in all places of my Dominions. But I intreat them to hold me excused, for a reason which I shall send unto them in writing; and because I will have the advice of the Princes, Lords, and persons of note of my Counsell; which I will call within these few dayes for that pur­pose.’

3 It was determined by the Counsell not to hearken to these perswasions and impressions; and that not only now, but afterwards also in the yeere 1572, when Cardinall Alexandrino the Popes Nephew, came forth of Spaine into France, with commission to reinforce this instance. And yet this King may seeme to be more obliged herein, then his successors; considering how hee had bestirred himselfe for the continuation of the Councell ever since his co­ming to the Crowne; and how he had sent his Ambassadours, and Orators to it; and had caused the Bishops and Abbots of his Kingdome to goe thither. As appeares both by his letters writ to the Councell, and by the relations of [Page 13] his Orators; more particularly by that of the Lord of Pibrac. Henry [...]h [...] 3. urg [...]d to re­ceive it. As for the rea­sons of his refusall, wee shall speak of them anon.

4 King Henry the third was entreated and urged in this point severall times, not only by the Pope, but also by the Clergie of his Kingdome, who never ceased hammering of this iron, yet could they not worke it to their liking. Monsieur Arnalt of Pontac, Bishop of Bazas, doth testifie as much in an oration of his, delivered the third of Iuly 1579; This thing (saith he, spea­king to the King about the receiving of the Councell) for which the Clergy hath many times heretofore petitioned you, and namely in the last generall assem­bly of the States holden at Blois. He meanes especially that in the yeere 1576. where Monsieur Peter Espinac Archbishop of Lyons, in an oration made by him in the name of the State Ecclesiasticall of France, speakes thus unto the King: ‘They most humbly desire you, that according to their more pa [...]ticu­lar requests exhibited in their Remonstrances [...] you would authorize and cause to be published, the holy and sacred Councell of Trent: which by the advice of so many learned men hath diligently sought out all that is necessary to re­store the Church to her primitive splendor. Wherein (Sir) they hope and expect from you, as a most Christian 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 diverse Ecclesiastickes were of opinion, ‘That the publication and observance of the said Councell 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 generall as­sembly at Bloi [...], printed anno 1577. without any prejudice to the liberties of the Gallicane Church, with exemp­tion of the jurisdiction of the Cathedrall Churches of this Kingdome, which they enjoyed at that present, and of such priviledges and dispensations as they had already obtained, and not otherwise.’ Whereupon a protestation was drawne the 23. of December, in the same yeere, and afterwards printed 1594. the 26. of that moneth. ‘Certaine delegates of the Church appeared in the Councell, and exhorted the three Estates to tolerate but one religion, viz. the Catholique Romane, and the Councell of Trent; and to take a view of those Articles which are generall and common to all the three Estates, to have them collected into one scrowle, and authorized by the King, to make them more authentique.’ Yet for all this, nothing was done, as appeares by the report afterwards set forth in print.

5 The same request was againe repeated by the Clergy of France, assembled at Melun, in Iuly 1579. as appeares by the speech made before the King by the prenamed Lord Bishop of Bazas, out of which wee have extracted these words: ‘The Clergy humbly entreateth your Majestie, that it may be law­full for them by your authority to reduce Ecclesiastical discipline, and reforme themselves in good earnest. Amongst all the rules of reformation and disci­pline, they have pitched upon those which were dictated by the Holy Ghost, and written to the holy generall Councell of Trent; in as much as they can­not finde any more austere and rigorous, nor more proper for the present ma­lady, and indisposition of all the members of the body Ecclesiastick: but chief­ly, because they are tyed and bound to all lawes so made by the Catholick Church, upon paine of being reputed schismaticall against the Catholick A­postolick Church of Rome; and of incurring the curse of God and eternall damnation.’ And presently after he addes, ‘Wherefore the Clergy doth most humbly beseech you, that you would be pleased to ordaine, that the decrees of the most sacred Councell of Trent may be generally published throughout your Dominions, to be inviolably observed by them.’

6 Nicolas Angelier Bishop of Saint Brien, made the like instance to the same King, October the third 1579, in the name of the Clergy assembled at Melun. ‘Wee have (saith hee) earnestly desired, and doe now desire more earnesty, and will desire, as long as we breath, of God and you, that the [Page 14] Councell of Trent may be published,Henry the 3. urged to receive it. and the elections restored to Churches and Monasteries: Which publication of the Councell is not desired by us, that wee may thereby raise up you and other Catholick Princes in armes, to spoile and butcher such as have stragled from the true Religion: for wee desire not to reclaime and reduce them to the flock of Christ by force, but by sound doctrine, and the example of a good life: For he, we know, came not into the world to destroy, but to save the soules of all men, for whom hee shed his precious bloud: and if need so required, we would not stick in imi­tation of him to lay downe our lives for the salvation of those poore mis­used soules. But we desire that Councell may be published for the establish­ment and maintaining of a true, sound, entire, and setled discipline; which is so necessary and behoofefull for the Church.’

7 Iuly the seventeenth 1582, Renald of Beaune, Lord Archbishop of Bourges, and Primate of Aquitane, delegat for the Clergy in this case, spoke at Fountainbleau in this sort; ‘The whole Church, Christian and Catholick, assisted by the Legates and Ambassadours of the Emperour, of this your king­dome, and of all other Christian Kings, Princes, and Potentates, did call, as­semble, and celebrate the Councell of Trent; where many good and whole­some constitutions, usefull and necessary for the government of the Church and the house of God, were ordained: To which Councell, all the Legats and Ambassadours did solemnly sweare in the behalfe of their masters, to observe and keep, and cause it to be inviolably kept by all their subjects; yea, even the Ambassadours of this your Kingdome solemnly tooke that oath: Now it is received, kept and observed by all Christian Catholick Kings and Potentates, this Kingdome only excepted, which hath hitherto­wards deferred the publication and receiving of it, to the great scandall of the French nation, and of the title of MOST CHRISTIAN, where­with your Majestie and your predecessors have been honoured: So that un­der colour of some Articles touching the libertie of the Gallican Church, (which might bee mildly allayed by the permission of our holy father the Pope) under scugge I say of this the staine and reproach of the crime of Schisme, rests upon your kingdome amongst other Countries: which signifies no lesse in Greeke, then division and disunion; a marke and signe, quite con­trary to Christianity, and which your Majestie and your predecessors have e­ver abhorred and eschewed: and when some difficulty was found about the receiving of some other Councells, as that of Basil and others, all was car­ried so gravely and wisely, that both the honour and unity of the Church, and also the rights of your crowne and dignity, were maintained and preser­ved. And this is the cause, why the Clergy doth now againe most humbly de­sire your Majestie, that you would be pleased to hearken to this publication, and removing all rubs, which are laid before you concerning it, that you would with an honest and pious resolution, make an end of all to the glory of God, and the union of his Church.’

8 There was a Nuncio from the Pope, who arrived in France, in the be­ginning of the yeere 1583, who prosecuted this matter with a great deale of earnestnesse: yet for all that he could not move Henry the third one jot; who, like a great statesman as he was, perceived better then any other, what pre­judice that Councell might be unto him. [...]enry the 4. His majestie that now reignes, was startled at that instance, and afraid, least that importunity should extort from him somewhat prejudiciall to France; whereupon hee writ to the late King concerning it; who made him this answer.

This Letter was printed ann. 1583.9 Brother, those that told you, that I would cause the Councell of Trent to be published, were not well informed of my intentions, for I never so much as thought it. Nay, I know well how such publication would be prejudicall to my affaires: [Page 15] And I am not a little jealous of the preservaton of my authoritie, The Councell rejected by Henry th [...] 3. the priviledges of the Church of France, and also of the observation of my edict of peace. But it was only proposed unto me, to cull out some certaine articles about Ecclesiasti­call discipline, for the reforming of such abuses as reigne in that State; to the glory of God, the edifying of my subjects; and withall, the discharge of my owne conscience: A thing which never toucheth upon those rules which I have set downe in my edicts, for the peace and tranquillitie of my Kingdome, which I will have inviolably kept on both sides.

10 November the nineteenth 1585, the same Bishop of Saint Brien, deli­vered another oration in the name of the said Clergy, and was their deputy; whereby, after he had commended the late King for his edict of Reunion, and exhorted him to the execution of it, and the reformation of Ecclesiasticks; he addes [...] ‘This is the reason, Sir, why we so earnestly desire the publication of the holy Councell of Trent: And above others my selfe have a more speci­all command s [...] to doe. For that Councell hath not only cleered [...] resolved, and determined those doctrines of the Church Catholick, which were con­troverted by hereticks; to the end that people might not waver, and suf­fer themselves to bee carryed away with every wind of doctrine, raised by the malice and cunning of men, to circumvent and e [...]tice them into errour [...] but also it hath most wisely counselled and ordained every thing, which may seeme necessary for the reformation of the Church, considering the exigen­cy of these times.’

11 There was also another assault made upon him O [...]tober the fourteenth 1585, by the Lord Bishop, and Earle of Noyon, in the name of the Clergy as­sembled in the Abbey of Saint German, neer Paris; which is more pressing than the former; ‘Wee present unto you (saith he to the King) a Booke which was found at the removing of the Churches treasures, writ by the prudent and grave advice of the many learned and famous men, assembled in the Councell of Trent; guyded by the holy Ghost: who with a great deale of travell, paines, and diligence, have renewed the ancient ordinances of the Church, which were most proper for our maladies; and for those vices which at this present are most predominant in the State: and withall have provi­ded for those, which being of no great standing amongst us, had not any par­ticular remedies assigned them. The royall Priest hath put them into our hands, that wee might present them to yours. First, our Lord Iesus Christ [...] who having a speciall care of this Church, hath by his holy Spirit provided a remedy for her, who directed the Fathers in that Councell; next unto him and under him, our holy Father, the chiefe ministeriall head of the Church, having authorized and confirmed it, and exhorted all Princes, and republi­ques, to receive and observe it; and with him the whole Church, not the Gallicane only, but the Catholick, doth summon, entreat, and pray you to receive it. That blessed Councell carries with it, to him that will duely read and consider it, the marke of the Author in the face of it; and hee that will judge of it without passion and prejudice, will say it is rather the worke of God than men. No good Christian can or ought ever to make any question, but the holy Ghost did preside in that goodly company which was in that manner lawfully assembled at Trent, with the intervening authority and command of the holy See; the consent of all Christian Princes, who sent their Ambassadours thither, who stayed there till the very upshot, without the least dissenting from the Canons, and decrees there published; there being such a number of Archbishops, Bishops, Abbats, and learned men from all parts; yea, not a few Prelats of your owne Kingdome, sent thither by th [...] late King your brother; who having delivered, consulted and spoken their opinion freely, did consent and agree to what was there determined. And [Page 16] therefore we are bold to tell you that we bring unto you,The Councell rejected by K. Henry the 3. the Book of the Law of God, which we humbly intreat you to receive, with as much ear­nestnesse as wee can possible.’

12 A little after he addes; ‘If there be some particulars in that Councell, which some body, (either by reason of their particular interest and commodi­ty, or because their bodies and humours are not sufficiently prepared, and disposed for the taking of such strong physick,) do complaine of and make some dorres about them; there is a good remedy for that: and wee dare un­dertake and promise, that recourse being had to his Holynesse, and he requi­red thereunto, he will not refuse to provide for it. In like manner as the Chapiters and exempted corporations have by our meanes, and wee with them already preferred a petition, that their priviledges and exemptions may be preserved intire unto them, and that this publication may in no sort prejudice them; expecting herein a new decree from his Holynesse; after he shall bee sufficiently instructed by those remonstrances, which may bee made unto him concerning this point. As also wee meane not by this publi­cation, to prejudice the immunities and liberties of the Gallicane Church, which we perswade and assure our selves, his Holynesse, when hee shall bee thereunto entreated, will be content to maintaine and preserve. These over­tures being already twice made upon the petition of the publication of this Councell; to wit, at the assembly of the States at Blois, and of the Clergie at Melun, we thinke it our duty not to give them over.’

13 The provincicall Synod holden at Roan 1581, made this instance to the same Prince; After that a good number of Bishops and proxyes, for those that were absent, together with Ecclesiasticall persons, from all quarters of our Pro­vince of Normandy, were met in our Metropolitan Church at Roan: they ten­dred nothing more, than earnestly to sollicite the publishing and promulgation of the Councell of Trent within this Realme. Wherefore this our assembly by com­mon consent, have resolved to present their humble petition to our Most Chri­stian King, in like manner as was formerly done by the States of Blois, and the Clergy convented at Melun; that he would be pleased, for proofe of his true pie­ty and religion, to enjoyne the publication of the said Councell; whereby the maintenance of the Church is well provided for, which is observed to be daily im­pared and abated. In the end of this Councell, there were thirteen doubts proposed to the Pope, with his finall resolution to them: the last whereof was a demand of the confirmation hereof, which was condiscended unto.

14 The provinciall Councell of Aix in Provence 1585, petition the King at the beginning of the Acts, That he out of his singular piety, would command the Councell of Trent to be published, which had so exactly provided against those dangers, wherein the Christian Commonwealth was then implunged.

15 Wee must not thinke, that these earnest sollicitations, which our Eccle­siasticks here make, did proceed from them, but rather from the Pope. One argument hereof which may be alledged, is this, that they were not now in­terested herein; for the most of the decrees which concerned them, were ad­mitted; and there was no default in the observation of them, unlesse it were on their part: and one company of them were inserted in the Edict of Blois, the rest in divers other Provinciall Councels, holden afterwards in France: the Canons whereof are to bee seen in print; at Roan 1581, at Bourges 1584, at Tours 1585, and at Aix in Provence the same yeere: all which are put out in print at many other places. Another argument may be the slight account they made of observing the Councell in such things as depended meerly upon them, and which were in their power to doe; which plainly shewes, that all they did, was but to humour another. I speake not this of my owne head, but from [Page 17] Claudius Espensaeus, a Sorbon Doctor,The little goo [...] the Counc [...]ll did. Doe wee dally (saith he) in a matter so serious? or rather doe wee make a mocke of those which desire a reformation, under colour of decrees? What reformation can bee expected from us who doe not observe those things, which we have so lately decreed? Claudius Espe [...] ­saeus l, 2 [...] di­gress. in ep. ad Timoth. pag. 157. Hee speakes this to those Prelates of France, who were present in that Councell; and after their returne made no reckoning of observing that discipline which depended mainly on them, and was withall conformable to the ancient Canons. See here (said hee) that which they of Trent ordained; but where is it observed? as for our Bishops who were at Trent and Bonony, there is not any of them that instructs the people in his owne person; at least not any that I heare of.

16 And in his commentaries upon the Epistle to Titus, speaking of the dis­cipline of the Church;In cap. 3 [...] di­gress. 10. But it is not long (saith he) since they have determined this point: the Pope and Councell of Trent, have brought it lately to an upshot. But what? were those pastors which came from thence, and had a hand in the making of those Canons of reformation, those injunctions of residence and prea­ching, ere a whit more diligent in feeding their flocks, or lesse silent in their pul­pits after the Councell was confirmed by the Pope? their non-residence was as great as formerly, and they almost as dumbe as ever. They had rather tire then give over, and be cast out of their livings by those who style themselves reformers forsooth (when indeed they are nothing lesse) than indure to be reformed by Kings and Princes, and by them be constrained to doe their duty. It is no marvaile i [...] they do somewhat for him to whom they are bound by such a strict oath, and who flatters and wooes them extremely to do the deed. But when the Churchmen, of our age especially, doe any famous exploit against the Pope; this is newes indeed, both in regard of that command which hee hath got o­ver them; and of the feare they ought to have, least they should be sentenced for heretiques in these controversies of religion. And this is the cause that the Popes have alwayes had recourse to them when they intended to doe some ill offices to our King and Kingdome. Boniface the eighth, by a gloseing letter of his writ unto them, endevors to make them approve his injust proceedings against Philip the Faire: where hee saith, amongst other things,Epistola Boni­facii 8. ad E­piscopos regnē Franciae. Those who hold that temporall matters are not subject to spirituall, doe not they goe about to make two Princes? Hee complaines also of the Parliament holden at Paris, where it was enacted, saith he, by underhand and begged voices, that none should appear before him upon the summons of the See Apostolick. He complaines also of the report which was made to that assembly by M. Peter Flotte, whom hee calls Belial, half blind in body, and quite in understanding: This was the man who being sent in ambassage unto him by King Philip, to that saying of his, We have both the one power and the other, made this reply in behalfe of his Master [...] Yours is verball, but ours is reall, 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 perswade them that his proceedings against the King, and putting their Kingdome under an interdict was just, (as the lear­ned Cujacius hath very well observed) and indeed his projects throve so well that he wonne their consent at last. Hearke how a French Historian of ours speakes of it.Rigordus de gestis Philippi Augusti sub ann. 1099. The whole countrey of the King of France was interdicted; at which the King being highly offended after he had notice of it, he stripped all his Bishops out of their Bishoprickes, because they had consented to that interdict; and com­manded that their Canons and Clerkes should be put out of their livings, expel­led out of his dominions, and their goods confiscated: he discharged also the Pa­rish Priests, and seized upon their goods. The French Bishops at first did stif [...]ly oppose Gregory the fourth, who siding with the children against the father, was minded to come into France to excommunicate Lewes the Gentle, and [Page 18] they had put on this resolution, Aymomius l. 5. c. 14. To send him home againe excommunicated, if he came there to excommunicate. Henry the 3. refus [...]d to re­ceive i [...]. But when all came to all, he had such a stroke over them, that he made them not onely 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 comming out of barbarous Countries were preferred to that height of honour. And he af­terwards addes, They said and did such things as the like were never heard of; using reproachfull speeches towards him, they tooke his sword from his side upon the judgement of his servants, and wrapt it in a sackcloth. It is true indeed that not long after repenting themselves of their proceedings, they restored him to his former dignity of which they had despoiled him. And the Archbishop of Rhemes, Ebon by name, who had beene the maine man amongst them, decla­red himselfe in writing,Histo [...]red [...] Rhem [...] livee 2. ch [...]p. 18. Ibid. That whatsoever had beene attempted against the ho­nour of the Emperour, was against all right and reason. And yet wee must not accuse all the Bishops of France for this: for many of them were offended with it; and particularly those of the province of Belgia deposed Ebon their Arch­bishop upon this occasion, condemning his proceeding herein. But let us now re­t [...]rne to our intended subject.

18 One of the Kings Lieutenants generall for administration of justice in an assembly of the States particular under the late King 1588. For the reestablish­ing (saith he) and better settling of Christian religion within this Kingdome, S [...]e this o [...]ati­on printed at Paris [...]h [...] same [...]er [...]. our suit unto the King is, that like a most Christian and eldest sonne of the Catholique Church, he would receive the Councell of Trent, and cause it to bee inviolably observed by all his subjects. If any here will interpose, and tell me that there are some articles in it which are repugnant to the liberty of the Gallicane Church; and some others which seeme too harsh and against the forme of justice now used in France; I answer, that the Lords spirituall may more wisely advise of this in the assembly generall of the States; and if need so be, communicate it with the other Orders, to make a Remonstrance thereof to our holy Father the Pope. By this meanes all those Edicts, which, to the great regret of the King, the Princes, and Catholique subjects, by reason of the necessity of the times did tolerate this med­ley of religions, shall be repealed and abolished.

19 Amongst those great disorders of this Kings reigne, this very Councell was called in question in the Assembly at Paris, which was holden in the name of the States in behalfe of the league: where it is remarkable that those who had shaken off the Royall yoke, and undermined all the fundamentall lawes of this Kingdome, how distempered soever they were, yet they had their judge­ments so sound, as to discerne a good many decrees in that Councell, which were prejudicial to the liberties of this Kingdome.Extrait du re­gistre de l' as­semblee tenue a Paris sous le nom de Esta [...]s [...] [...]n. 1593. As appeares by the extract which was published hereupon. We may observe by the way, that those who raised the most false and abominable calumnies against the late King that ever were heard of, in all their defamatory libels never objected this unto him, that he refused to receive the Councell of Trent. I will use no other proofe than of that damnable script hammered out in hell,De justa Hen­rici 3. abdica­ [...]ione Franco­rum regno. Of the just deposall of Henry the third from the Kingdome of France; which sets downe the causes of his excom­munication, making him a murtherer, a heretique, a favourer of heretiques, si­moniacall, a sacrilegious approver of duels, a profaner of religious persons, a con­federate with heretiques, a spender of the substance of the Church without any leave from the Pope, a fal [...]ifier of the letters Apostolique, a superstitious fellow, a deteiner of Churchmen. But not one word of the Councell of Trent [...] although he had in that point beene disobedient to the Popes will, and made small ac­count of his earnest and often request; for it is certaine that all the speeches which come to our hearing, were delivered in his behalfe, and upon his motion.

[Page 19]20 Nay more,The decre [...]s of the Councell in part recei­ved, but not as of the Coun­cell. hee did not receive so much as those very Decrees of the Councell which were no way repugnant to our liberties, and the observation whereof was necessary for the Ecclesiasticall policy: but suppressing the name of the Councell, they decreed the very same things in the Parliament at Blois 1579. (a plaine proofe, that it was rejected by the common consent of all France.) Which is evidently verified by comparing the Decrees of that Councell with the Articles of this Assembly; as in those places where they speake of the Concil. Trid. Sess 6. c. 2. Ordon. de Bloi [...] artic. 14. residence of Bishops, the Concil. Trid. Sess. 24. c. 13. Ordon. de Bloi [...] artic. 22. maintenance of Curats, erection of Concil Trid: Sess. 23. c. 18. & seq. Ordon. de Bloi [...] art. 24. Schooles and Schoolemasters, the bringing of Concil. Trid. Sess. 25. c. 8. Ordon de Bloi [...] artic. 27. exempted Monasteries under the visitation of certaine congregations, the Concil Trid. Sess. 25. c. 15. Ordon. de Bloi [...] art. 28. age required in religious men and women before they professe, the Concil. Trid. Sess. 23. c. 12. Ordon. de Bloi [...] art. 29.age of such as enter into holy Orders, the Concil. Trid. Sess. 21. c. 8. Ordon. de Bloi [...]. arts 30. vi­sitation of Monasteries by Bishops, the Concil. Trid. Sess. 25. c. 5. Ordon. de Bloi [...] art. 31. reinforcing of the cloysture of religious houses, Concil. Trid. Sess. 5. cap. 1. Ordon. de Bloi [...] artic. 33. & 34. Prebends for Divines, asking the Con­ [...]il. 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 Councell, and prescribe quite different from that which is there set downe. The like was done before by an ordinance at Orleans set forth in the time of the Councell 1561. Whereby our Kings have showne the power they have in matters of Ecclesiasticall discipline, and the sleight regard they had to that silly Conventicle.

21 We will conclude then, that seeing two of our Kings, very zealous in their religion, assisted by a Councell no way lyable to suspicion, would yet ne­ver give way to this publication so often entreated, desired, and urged from them, it must needs follow that this Councell comprehends something preju­diciall to this State: considering withall, that all the mitigations which are sought after now adayes were then proposed, as namely that it might bee re­ceived without any prejudice to the liberties of the Gallicane Church, and without ever drawing the sword against those of the Religion, which are the two maine plaisters which seeme to salve up all the badnesse that is presumed to ly lurking in it. It remaines now that we shew the true reasons of this re­fusall; which we shall doe by laying downe the nullities which are both in the forme and matter of it.

CHAP. III. That the Pope, being a party, could not call the Councell, nor preside in it: and that there was an appeal from him.

The Pope was a pa [...]ty.1 ANullity in the forme of this Councel is argued first from this, that it was called by the Pope, and that he did preside in it, yea and did deferre and transferre it at his pleasure. The plea hereupon is this, That the Pope was a formal party, that it was he was urged to a reformation; and therefore it is said, that he could not be judge in his owne cause: and that he should have left both the one and the other to the Emperour; according to the opinion of a great Robertus Ma­ranta specul. aur. part. 6. In [...] erb. & quan­doque appella tur num. 32. Doctour of the Canon law; who after hee hath con­cluded that the calling of a Councell belongs to the Pope, addes notwithstan­ding, that in default of the Pope, that right belongs to the Emperour; now there can be no fairer opportunity than when the Pope is taken for a party. Another Barbatius in cap quod t [...]an­sl [...]tionum. Col. 32. de offic. le­gate. Doctour saith, that the defect of that power in the Church is sup­plyed by the Emperour. And Ioh [...]rnes a­pud Baldum. Baldus in cap. olim. ad sinem [...]xtrav. de re­scrip. another yet, that when the controversie is tou­ching the Pope and his cause, then his authority is not requisite for the calling of a Councell. It is a rule of law received amongst the Canonists themselves, that when the will and consent of any man is required to some act, such requi­rall hath no place then, when a point is pleaded against himselfe.

2 Ludovicus Barvarus, and all the States of Germany with him, doe plead this nullity against the sentence and proceeding of Iohn the 22. and of his Councell. Nauclerus vo­lum. 2. generat. 45. The third reason (saith he) is, because no man ought to bee judge in his owne cause, and doe justice to himselfe; but it is a plaine case that this said Iohn pretended to have a plenitude of power over us and our Empire, even in temporall matters; and did actually conspire against us and the lawes of the Em­pire, which he attempted to usurpe, and caused us to be pursued like an enemy.

3 The glosse upon the Canon law, saith in expresse termes, that the Pope cannot bee both judge and party in any case whatsoever. Can. 2 [...]. q. 3. inter que [...]las [...]ne quis in pro­pria causa i [...] [...]ubro & in ni­gro Gloss. in Can Consuetudo 16. q. 6. Hence wee collect (saith it) that if the Pope be at variance with any body, he ought not to be judge himselfe, but to chuse arbitrators. Decius in cap. cum veniss [...]nt. [...]u. 37. extra de Iudi [...]. Sleidan com­ment. lib. 1. not contradict [...]d by Surius and [...]ontanus. Some of the Canonists have written also, that when the Pope is accused of false doctrine, hee hath no more power to call Councels. All these reasons hold good, supposing the Pope to have by right the power of calling generall Councels; which yet is denyed, as we shall prove more at large in another place. Besides, there were some appeals put up from the Pope to the Councell, as is related by Sleidan in the first of his Commentaries. Luther (saith he) being advertised by Cajetans lo [...]ters, that they would proceed against him at Rome, he thereupon drew a ne [...] appeale No­vember the 28. and a little after, being pressed and pinched with extreame ne­cessity, hee was glad to appeal from the Pope, to a future Councell. And also by the Archbishop of Cullen, being excommunicate by Paul the third, 1546, be­cause he went about to reforme his Church, contrary to the Bull set forth by Leo the tenth against Luther and his adherents, appealed thereupon to the fu­ture Councell. [...]leidan. c [...]m­men [...] l. 18. not con [...]adicted by Surius and [...]ontanus.

4 Wee have discoursed in the last book (saith Sleidan) how the sentence of excommunication was denounced by the Pope against the Archbishop of Cullen, upon the sixteenth of April, who having c [...]rtaine notice of it the fourth of No­vember, [Page 21] he put forth a book presently after, Appeal vvas made from the Pope. wherein he gives his reasons why hee refused the Pope for his judge, because hee had stood a long time accused of heresie and idolatry: Wherefore hee appealed from his sentence to a lawfull Councell of Germany, wherein he protested so soone as it was opened, he would implead the Pope as a party, and prosecute against him. The Protestants, as is well known, did the like diverse times. There was also another appeal to a future Coun­cell put in by the Vniversity of Paris, May the 27. 1517, about the repealing of the Decrees of the Councell of Basil, and of the pragmatique sanction, by Leo the tenth. In the act of which appeal, these words are inserted;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. Wee the Rectour and the Vniversity, finding our selves grieved, wronged, and oppres­sed, as well for our selves, as for all others subject to our Vniversity, and all such as will take part with it, doe appeal from our holy father the Pope ill-advised [...] to a future Councell lawfully assembled, in a safe place, whither we may freely and boldly goe, about the abrogation of the Councell of Basil, and the pragmatick san­ction lately set forth by these new decrees. Notwithstanding which appeal the Pope was set over the Councell by the Fathers assembled at Trent. Now it is a thing never seene nor heard of, that hee from whom the appeal is made, should be judge in the very case of appeal: for our Doctours finde, that the judge from whence an appeal is made, may be refused in all other causes, which concerne the appellant, so long till the appeal be void.

CHAP. IV. That the reformation of the Pope was the thing in que­stion.

IT is further alledged, that Pope Adrian the sixth, did freely confesse by the mouth of Francis Chregat; Lord Bishop of A­bruzzo his Legat, at the Dyet of Noremberg 1522, that the See of Rome was corrupt and depraved, and that the corruption of the Church was derived from the Popes; wherefore he did promise, they should have a free and generall Councell. Now this acknowledgement doth disable him for being head of the Church. This is further verified by his owne instructions given to his Legat; where in the tenth article he saith thus:

2 ‘Wee know that within some yeeres agoe,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 abhominable things have crept into this holy See, some abuses in matters spirituall, some trans­gressions of Commissions, and all out of order; and it is no marvaile if the in­fection descended from the head to the members, from the Pope to the un­der-Prelates. Wee have all degenerated, (I meane we Ecclesiasticall Pre­lates) we have gone astray out of the way; there is not one that hath done good this long time, no not one. Wherefore, for as much as concernes us, you may assure your selves, that we will take paines in the first place, to re­forme that Court from whence happily all this evill hath come: to the end that as the corruption proceeded from thence to the inferiour orders, so soundnesse and reformation may come thence also. Which to doe, we per­ceive our selves so deeply obliged, that wee see the whole world call for a reformation. Howbeit no man must admire if hee do not see an absolute re­formation of all errours and abuses in an instant; the malady is too far spread, and too deep rooted. Wee must goe step by step to the cure of it, and hye [...]o [Page 22] such things as are of most importance and greatest danger,Popes needed reformation. for fear of putting all out of joynt, by attempting to reforme all at once. All suddaine changes are dangerous in a Common-wealth, saith Aristotle; and hee that wrings the nose hard, brings forth bloud.’ Marke here the words of that honest A­drian. So that it hath been conceived the common voyce of Christendome for these two hundred yeeres almost, that it was fitting there should bee a re­formation in capite & in membris, both in the head and the members: but the Popes wrought so well by their schismes, shifts, and tricks; that the endevors of those that ingaged themselves herein, were to no purpose; and the Synods called about this were all to no effect, and fruitlesse. The Councell of Con­stance after the deposall of Pope Iohn the twenty third, had made this good decree.

Concil. Constant Sess. 40.3 That the new Pope who should be next chosen, together with the Councell be­fore he departed from thence, should reforme the head of the Church and the Court of Rome, about such articles as had beene put up by the people and nations. But Pope Martin the fifth, as soone as he was created, did quickly shift himselfe from those who cryed so for a reformation, and amongst others from the Em­perour Sigismond, who was more hot upon it than any else. Platina gives the reason of that delaying;Platina in vita Martini 5. ‘A matter of that weight being finished as well as heart could wish, by the travaile and endevour of all the Princes, both Eccle­siasticall and Civill, but especially of the Emperour Sigismond: they begun to talke of the reformation of the manners, both of the Laity and Clergy, which were much debauched by overmuch licentiousnesse. But because the Councell of Constance had continued foure yeeres already, to the great in­commodity both of the Churchmen and their Churches; it seemed good to Martin, with the consent of the Councell, to defer a matter of such impor­tance to a more convenient time. For hee said, the thing required maturity and deliberation, seeing that, in Hieroms opinion, every country hath their severall customes and conditions, which cannot bee removed on a sudden, without disorder.’ They have had leasure enough to thinke of it since, for wee are yet consulting about it, and nothing at all hath beene done be­sides.

4 The acts of that very Councell, and of that at Basil, and others since, give us sufficient proofe hereof; who being not able to compasse this reformation, put it off from hand to hand, and commended it in succession one to another; ordaining that the keeping of Councels should be every ten yeeres, but so as the first should be within five yeers, and the next within seven: and this prin­cipally to provide for the reformation of the head and the members. The se­cond Pisan holden 1512, which was assembled for the same ends, was so be­laboured by Iulius the second, and Leo the tenth, that it was constrained to yeeld to their mercy, and give place to the Lateran, which was called for no other end, but to countermine and disanull that other, as is confessed by the Onuphrius in Iulio 2. historian of the Popes. These good Fathers, however they were for the most part French-men, have left us in their acts, a testimony worth our obser­vance, and that is that, 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 Iul 2 Arno. [...]eiren. in Lu­d [...]i [...]o 1 [...]. For many yeers there had not been any general Councels: and if any were called, as the first at Pisa, and that at Constance, Sene, Basil, and Florence; yet the Church could not be reformed to the purpose, by reason of those impediments and cavils which were procured thereupon; which befell them­selves also. For Iulius the second, and Leo the tenth, had the wit to winne first Maximilian the Emperour, and then the Cardinals that were at Pisa. King Lewes the 12, after the death of Iulius, suffered himselfe to be led away with the blandishments of Pope Leo, considering withall the danger wherein­to the first had put both him, and all the Kingdome of France, (against which he had procured the Kings of England and Spaine to take armes) insomuch [Page 23] that renouncing the Concell of Pisa, [...] pre­poste [...]ously first condemned, thē summon [...]d. he acknowldged that of the Pope, and caused certaine Ecclesiasticks of his Kingdome to doe as much. But from that time till this, we could never see this reformation; for as for the Councels of Lateran and Trent, Vt. Acta ejus­dem Concilii. Lateran. ult Sess. 8. & 9. they never cared for medling with it. Which was wor­thily represented by Monsieur Arnald de Ferriers, the French Ambassadour at the Councell of Trent, in an Oration delivered by him, September the 22. 1563, where he said, That they had been entreating for a reformation of the Church in the head and members, above 150 yeeres to no purpose, and that in sund [...]y Coun­cels, as those of Constance, Basil, Ferrara, and the first at Trent; and that the demands which were made in that of Constance, by Iohn Gerson, Chance [...]our of the Vniversity of Paris, in behalfe of the King of France, may bee [...]ead to this day: as also those that were made in behalfe of the same Prince, by M. Peter Daves, at the first Trent Councell.

CHAP. V. That the Pope had passed sentence before: and that he was moved with hatred against those whom hee summoned to the Councell.

1 COmplaint is also made, that the Pope should shew himselfe so passionate, that before the calling of the Councell, and after that, before the holding of it, hee condemned the doctrine of those who were summoned to appeare there in judgement, and declared them to be heretiques: which gave them just occasion of suspition, and instructed them to goe wisely and warily about their businesse. By reason whereof they say, they cannot justly bee blamed for desiring to quit his jurisdiction,Can. quod sus­pecti & ib [...] gloss. 3. q. 5. and making so much adoe about the forme of the Councell, and the persons of the judges; seeing these are things which must be looked to at first, and before wee 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 Iune 1520, where after he hath reckoned up Luthers opinions, concerning the Sacraments of the new testament, the Eucharist, repentance, contrition, confession, satisfaction, absolution, veniall and mortall sinnes, indulgences, the Popes excommunications, priests, generall councels, workes, heresies, free­will, purgatory, and the Catholick 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 owne; we condemne, disprove, and totally reject all and every the foresaid articles, or errours, as hereticall, either scandalous or false, or offensive to piou [...] [...]ars, or tending to the seduction of simple soules, and contradicting the Catholique truth. And we decree and ordaine by these presents, that by all faith­full people of both sexes, they bee holden for condemned, disproved and re­jected.

2 It may be answered, that Pope was dead when the Councell was held, and another sat in his stead whereof they needed have no such feare. 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 hee begun the Councell at the very same time, which he designed for the calling of it, decla­red [Page 24] that the end of it was the extirpation of the Lutheran heresie;Th [...] Popes h [...] ­tred 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, marke the words of it:In eadem col­lect. Divers. constit. part. 1. pag. 240. Whereup­on we, desiring to provide for the Church, and to clense her of all her staines have determined to appoint and solemnize a Generall Councell, upon earnest and ur­gent motives, which concerne the state of the said Church and See Apostolique [...] and the extirpation of the plaguy Lutheran heresie, 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 heark 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 hee hath already condemned our do­ctrine long before, hee is growne more suspicious. And who can doubt what judgement will passe upon our doctrine in his Councell? Yea more, hee confesseth that the cause of publishing the Councell is, that the new-sprung heresies may bee rooted out: 'Tis true, that may beare a larger construction; yet there is no que­stion but he meanes of our doctrine, seeing it is scarce credible that hee should speake of his owne faults. And that it is so he hath published another Bull since, about the reformation of the Court of Rome, wherein hee confesseth down-right without any flattery, that a Councell is called for the rooting out of the pestilent heresie of Luther. Seeing the case stood thus, they had beene mad to have put themselves upon that Councell, to abide the judgement of him who had con­demned them already. Considering withall that Leo the tenth, in the prece­dent Bull, saith; how he hath caused their doctrine to bee pronounced hereticall 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 Lawes. So that they had but even gone to be whipt, as Hosius of Corduba, to the Councell of Antioch, in case they should have refused to subscribe to the determination of the Coun­cell. It is a folly for a man to cast himselfe upon such disasters, and a peece of discretion to avoid them.Sozom. l. 3. c. 5 Maximus patriarch of Constantinople, would not be seene at the Councell of Antioch; because he foresaw that if he went thi­ther, he should be constrained to subscribe to the deposall 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 hee who hath passed the sentence before he be made judge. Adde we hereunto the mortall hatred of the Pope against Protestants; the Pope, I say, who calls the Councell, who summons none to judgement but his owne creatures, who must preceed there either in person or by his Legats, and must be supreme moderator and judge in all things. This point of the Popes enmity against protestants, and all those who have ridde themselves out of the Popes servitude, is so well knowne that it needs no proofe. Henry the eighth, King of England, then a Catholique, laid open the hatred of the Pope against him and his subjects, as an excuse for not going to the Councell.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 tyrannie, and had made him loose his yeerly 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 Iulius the third, instigated by the ill will which he bore him, without any sufficient reason, had denounced warre against him during the time of the Councell, de­priving him thereby of the meanes of sending the Prelates of his Kingdome thither: whereupon hee made those protestations which wee mention else­where. This consideration makes a nullity in the Councell, and serves for a lawfull excuse to such as would not goe thither. For in this case, hee who is summoned to a Councell is not bound to appeare.Theodoret. l. 1. [...]. 28. So Athanasius (saith Theo­doret) [Page 25] knowing the hatred of his judges against his cause, went not to the Councell of Cesarea. An enemy should not bee 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 deposall was judged unjust by the Councell of Chalcedon, after it appeared that he was his enemy.

6 Pope Gelasius, speaking of the Bishops of Constantinople, with whom he had some bickerings, saith something which is very remarkable in these times. For the question being about the taking up of their quarrell, he speaks thus,D. Can. quod. suspecti. I aske, where is that which is able to passe the judgement which they pretend? shall it be amongst them? so the same enemies should be both witnesses and judges: but even humane affaires ought not to bee committed to such a judgement; how much lesse divine and ecclesiasticall, every wise man doth perceive. Say we then, that those who were out of favour with the Pope and his adherents, were wise and well-advised, that they would not trust themselves to his judge­ment.

Pope Nicholas the first, who quotes these two examples in an epistle of his to the Emperour Michael, gives us this rule,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 Generall Councell of Constantinople, and gives this reason of it, Because na­ture teacheth us to avoid the plots of suspected judges, and refuse the judgement of our enemies. After all this Gratian makes this conclusion, That how mani­fest so ever a mans offences be, he should not for al that be cōdemned by his enemies. It were superfluous here to alledge the Civill Law, to prove that the enmity of the judge gives sufficient cause of refusing him in point of judgement, seeing it is a matter well enough knowne.

CHAP. VI. That the Councell was holden in the midst of divers troubles and tumults.

THE hatred of the Pope towards the Protestants and the King of France, did shew it selfe so fully, before that it burst out into cruell warres. Where we may observe an egregi­ous nullity of the Councell in all the Sessions thereof, in that it was begunne, continued, and ended amongst the troubles raised against the King of France, the Protestants of Germa­ny, and them of the Religion in France, by the instigation and inducement of the Pope and his instruments. This is evidenced by the ve­ry acts of the Councell it selfe, for at the end of the tenth Session holden Sep­tember the 14. 1547. the Cardinall de Monte, the Popes Legat, and President of the Councell, speakes thus, Besides these difficulties, there is the heynousnesse and enormity of an unexpected accident which befell the person of the most illustri­ous Duke of Placentia, which doth so take up our employment for the defence and safegard of the liberty of the Cities which belong to the Church, that we our selves are not in safety one houre, no not one minute of an houre. The Popes Legats make this remonstrance in the sixth Session, That of a suddaine there are such broiles and such warres kindled, (they are the very words of the Councell) that the Councell is constrained as it were to stop it selfe, and breake off its course, with no [Page 26] small inconvenience; W [...]res in Ger­many. and all hope of proceeding further is now quite taken from it; and so farre is the holy Councell from redressing the evils and incommodities of Christians, that contrary to its intentions it hath rather irritated than appeased the hearts of many. Sleidon. l. 16. Pope Pius the fourth, in his Bull of the publication of the Councell, which was for the continuation of it, bearing date the 30. of De­cemb. 1560. affords us such another testimony, But (saith he) as soone as new broiles were raised in the neighbouring parts of Germany, and a great warre was kindled in Italy and France, the Councell was afterwards suspended and ad­journed.

2 But it is requisite we make these troubles more plainly evident, seeing it is a most just exception against the Councell. The Protestants complaine that the over-hasty resolution made by the Fathers in that Councel, was purposely to wage warre against them. The Duke of Saxony and the Lantgrave of Hassia say so downright in their letters. Whereas you buckle up your selves to set upon us with force, without once telling us the reason why, wee referre that to God, and as soone as we shall know what yee accuse us of, we will answer so as every one shall say that we are wronged, and that ye undertake this warre by the impulsion of the Antichrist of Rome, and the wicked Councell of Trent. Though wee give no credence to these letters, yet let us heare what Pope Paul the third saith to it in his letters to the Suitzers of the third of Iuly 1546.

Extat haec Pau­li Epist. ad Hel­vetios, Paris. impressa in Of­f [...]cina Calderia­ [...] ann. 1547.3 ‘We thought the obstinacy of these villaines would put us upon the ne­cessity of falling to force and armes: but having oft considered what was to be done, praying God to let the light of his divine counsell shine upon us, it is falne out fitly, that our most beloved sonne in God, Charles, Emperour of the Romanes, ever Augustus, being offended meerly with the same villanies of those rogues that we were, and for that a Councell being granted by us to the German nation, mainly by his meanes, and at his entreaty, those who despise it despise also his authority, and all that he hath done concerning it, (as some doe very injustly and sawcily) hath resolved by force of armes to revenge the holy cause of wronged truth. Which occasion, as being without doubt of­fered unto us by God himselfe, we very readily embrace, being resolved to second the good intentions of that great Emperour, with all the meanes and forces which either we or the Church of Rome can raise.’

4 Now that the Councell of Trent hath had a hand also in that designe of war, not onely the Historians relate, but it may be fairly concluded from hence, that they never gainsaid it. For it is not any way likely that they should suffer such a warre to be made under their noses, and they not approve of it. While the preparations w [...]re made for it, nay while the armies were in the field, and that under the conduct of Octavianus Farnese the Popes nephew, and all was in an uproare and combustion, the Councell made decrees about the contro­versies of greatest importance, when there were but a very small number of Bi­shops there.

5 When Iulius the third came to the Popedome in February 1550. upon the Emperours intreaty hee ordained, that the Councell should bee continued. Where we may observe, that at the very same time a warre was denounced a­gainst King Henry the second, by the Pope and the Emperour, and that upon an injust quarrell. Which is proved out of Onuphrius, Onuphrius in folio 3. an Historian of the Popes, in the life of that Iulius. ‘He gave some hopes (saith hee) of compo­sing the differences in religion, when at the request of the Emperour hee de­clared by his [...]ull in the first yeere of his Popedome, that the Councell should be continued at Trent, at the beginning of the next May.’ And presently af­ter he addes,Natali [...] Comes lib 14. hist. sui [...]emporis. ‘He unwittingly put himselfe upon the warre of Parma, and thereby set all Italy, nay all Europe on fire.’ Another Catholique Historian saith, ‘During the time that these things passed upon the frontiers of Flan­ders [Page 27] and Picardy, the Pope, at the Emperours request, summoned the Coun­cell to Trent, Warre of Par­ma in the time of the Councel. 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 hee prosecutes the narration of the [...]arman warres now lately begunne. So then the Pope makes warre on the one side, and keepes a Councell on the other; this is truly and without a figure, to beare St. Pauls sword, and St. Peters keyes. The first Session upon the first of May, and the [...]e­cond upon the first of September 1559. were onely for Ladies, for there was nothing done. King Henry set forth an Edict at the same time, dated the third of September, in the same yeare, containing a restraint of transporting gold and silver to Rome: where he sets downe at large the occasi [...]ns of the war of Par­ma begun by the Pope, and amongst other things he saith [...] E [...] du Ro [...] He [...]ri [...] i [...]pri­me a Paris [...]an [...]. 1551. Which holy father upon a suddaine fit of choler, had caused a certaine company of men of warre, both horse and foot, to be levied and set forth, and also enticed and perswaded the Em­perour (with whom we were in good termes of peace and amity) to take armes, to aid his forces in the designe of the recovery of Parma, and after hee had harrased and laid waste all things wheresoever he pleased in the Countrey of Parma, he cau­sed his said forces to march towards the territories of Mi [...]andula; which hath for a long time, even during the life of our late most honoured Lord and Father, been in the knowne protection of the crowne of France, which hee beleaguered, using most incredible and inhumane cruelties towards the inhabitants of the said terri­tory, yea such as barbarians and infidels would not have used the like: giving the world to know very stoutly that he meant them to us, who have not deserved any such thing at his hands or the Holy See.

6 There were six Sessions holden in the time of that wa [...]e, the two wee spoke of, and foure more; in two whereof the most materiall points of faith, of manners and Church discipline were discussed and determined: as those, of the blessed sacrament of the Eucharist, Transubstantiation, the sacraments of Penance and Extreme Unction: as also about the jurisdiction of Bishops; where many blowes were strucke at the liberties of our Gallicane Church, and the rights of the Crowne. Now the warre continued all the time of these Sessi­ons without any intermission, for there was no respit of peace, save in May 1552. what time the said King put forth another Edict derogatory to the for­mer, whereby he licensed the transporting of gold and silver to Rome. Where­in he saith, Our holy father the Pope having now of late made knowne the love and affection which his Holinesse beares continually towards us, by good and honest demonstrations, &c. Ano [...]her Edict [...]f K. Henry the 2. [...] it the Camp nere Weldenaggbes May 21. 1552 and p [...]inted at Paris the same yeere [...] The Kings 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 Councell. Now the writing sent by the same Prince to all the States of the Empire, February the third 1552. witnesseth that during those Sessions all was on a fire; where after he hath laid downe the originall and progresse of the warre of Parma, and laid the blame of it upon the Pope and the Emperour, whom he impea­cheth also of other things, he profers his helpe and assistance to the Princes of the Empire. We offer (saith he) of our free and princely pleasure meerly, to de­liver the German nation and the sacred Empire, from that servitude wherein it now is; to gaine thereby, as Flaminius did in Grece, an immortall name and ever­lasting renowne.

7 From this time till the beginning of the yeare 1560. our Councell did starke nothing; what time Pius the fourth, so soone as he got into the chaire, sent forth a declaration for the continuation of it against Easter day the next yeere; this Bull was dated November the nineteenth, or (as some copies have it) December the thirtieth 1560. The first Session was the eighteenth of Ia­naury [Page 28] 1562. the last, December the third 1563. during which time there was nothing but troubles and turmoiles 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 Councell to their prejudice, they being debarred of the meanes of going thither. It is plain, first from the Edict of pacification in Ianuary 1561, that at the time of the cal­ling it, there was a great deale of stirre in France, and that they had something else to thinke of, than of making ready to goe to the Councell. For it is said at the beginni [...]g thereof. It is too well knowne what troubles and seditions have beene heretofore, and are daily raised, abetted and augmented in this Kingdome, by reason of the badnesse of the times, and the diversity of opinions in point of reli­gion, which now reigneth. This Edict thus made for the good of the Country, it was requisite to sue for the publication of it, by reason of the difficulties rai­sed against it by the Court of Parliament; this hung on till the sixt of March in the same yeere, what time the publication was made in some kinde by con­straint; witnesse those words, Obeying herein the Kings pleasure, without the approbation of the new religion, and all by way of caution. Yea more, six dayes before, upon the first of that moneth, was the execution done at Vassy, against them of the religion, which impestered this Realme in more troubles than e­ver: The Duke of Guise making his party the strongest at Court: The Prince of Conde being retired to Orleans: which they went about to reforme quickly after, in April next. So that King Charles set forth a declaration upon his for­mer Edict, where he saith towards the beginning; Whence it is the more strange, that some of them are now risen up in armes, and have assembled themselves in great number, as wee see in sundry places; and namely in our City of Orleans, under pretence of a certaine feare, which they say they have, least they should bee debarr'd the liberty of their conscience, and the enjoying the benefit of our Edicts and ordinances in that behalfe.

8 They had reason to be afraid, lest their consciences should be rifled in such sort, as were those of Vassy. About the time of the first Session, all was in an uproare in this Realme, and there was nothing setled concerning the peace; as may be gathered from an answere made by the Qu [...]ene mother to Moun­sieur the Prince of Conde, dated the 4. of May 1562, where amongst other things it is said, In regard of the violence, oppressions, murthers and outrages, committed since the edict, and in despight of it, both by the one side and the other, her Majestie will cause such justice to be done, and amends to be made as the case shall require, both for publick satisfaction, and also private to such as have re­ceived any wrong. And also from an edict set forth by the late King of Navarre, Lievetenant Generall for the King over all this Realme, dated the 26. of May 1562, containing an injunction to some suspected persons of the religion, to de­part from Paris. Where it is said, As for the putting in execution of the de­signe which we have undertaken to performe out of hand, with the army of our said Soveraigne Lord the King, against those that hold some cities of this King­dome, with prejudice to his authority, and the obedience which belongs unto him; We have determined to depart within a few dayes from this City of Paris, with the said army, and to cause all the forces both horse and foot, aswell within the said city as without, to march along.

9 There was also another declaration set out concerning the edict of peace, by the same King Charles, at Amboys, March the 19. 1562. but it was not put in execution till the next yeere about Iune; what time the King sent certaine Commissioners through the severall Provinces to that effect; as appears by the coppy of the Commission given out thereupon, dated the 18. of Iune in the same yeere. [...]x [...]t Pari [...]ii [...] impressa apud Iohannem D' Allier an 1563 [...]t in Ac [...]i [...] Con­ [...]ilii. And yet notwithstanding our Councell was consummated the fourth of December 1563. The Cardinall of Lorrain in an oration of his, de­livered in the Councell, November the 23. 1562, makes a long story of our [Page 29] miseries in France, W [...]res, a just exception a­gainst the Cuncell. and the warres which were a foot there. There is no spa­ring of any thing (saith he) armies are raised succours are called in from all parts, entry is made by force; yea, the sword pierceth our hearts, how victorious soever our hands be: Our goods are taken from us, and the Kingdome is brought to a miserable passe. So then the case standing thus, the [...]e is never a Lawyer but will constantly affirme, that as much as concernes those who went not thither may be righted, and that all things should bee restored to the state wherein they were at first.

10 The Kings of France by reason hereof did prejudicate their subjects of the religion (yea and their Catholiques too) whom they re-estate in their for­mer right;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 legall, conditionall, and cu­stomary, attachements of feuds, which happened during the troubles, or issued from thence by course of law. It stands with better reason, that all should bee re-established, which concernes point of religion; which hath ever beene as good a cause of replacing all things is statu quo prius, as absence. Which is plaine from the discourse of Pope Liberius, with the Emperour Constantius, in the case of Athanasius;Athanas. apol. 2 Theodo [...]et. l. 1. c 28. from the letter which Pope Iulius 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 Emperour was passed without hearing of the cause: Nor doe I repeat how the sentence was extorted against one that was absent, (however the Apostle saith, That where faith 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 sleighted, but because there are others more into­lerable. The same may we say of the Councell of Trent.

11 So then these wars were the cause why many that would have gone to the Councell, could not; they were the cause why it was so often broke off, and prorogued, and that in such sort as it seemed sometimes to come to just nothing: Hence it was, that they did not proceed to the creation of new Popes in the place of those that dyed during the time of the said Councell; nor of the new Cardinals, which had otherwise been done, it being a matter which of right belonged unto them, according to the determination of the Councels of Constance and Basil, Concil. Con­stant Sess. 14. Cancil Basil. Sess. 37. as wee shall shew in another place. Hence it was that there was such a great dispute in the consistory of Rome, when Pius the fourth renewed the Councell; some being of opinion that it was en­ded, & that he should call a new one: others maintaining that it was yet in be­ing, and that he ought only to continue it: But the Pope used such phrases in his Bull, that it could not be perceived, whether it was a continuation, or a new convocation. Some might haply take me up for lying, if I had not Onuphrius for my warrant;Onuphrius in Pio 4. But here arose a controversie, whether it should be a continua­ [...]ion of the Councell of Trent, or a new convocation: The Pope found out a whol­some remedy to set all mens minds at quiet; for he used such a forme of speech in the Bull of promulgation, as might satisfie both parties, and withall the authority of the Councell be no way impeached. The use we make of this passage is, That whereas, by their owne confession, that Councell was sometimes at so low an ebbe, that it was questioned whether it was ended or no: it would be a bet­ter way to have a new one, which might be to the content of all parts, to put an end to our differences: Considering that this was deserted and cast off, that it did not discharge the office and function of a true Councell, that it was so weake and feeble that it deserves not the name of a Councell.

12 Here we must observe that the French Ambassadors at the Councel 1563, had an expresse commission to urge, that this last Councell might not bee ac­ [...]ounted a continuation of the former. And there was an expresse article against those things which were put off by them at the beginning.

[Page 30] The place of the Councell not free.13 The Lords of Ferriers and Pibrac after their departure from the Coun­cell, when they were retired to Venice, writ letters to King Charles, dated November 25. 1563. Wherein after they have acquainted him with the rea­son of their departure, they give him notice, ‘That the Councell would move his Majestie to send new Ambassadours, which hee could not doe without great prejudice. That the Pope would cause them shortly to proceed to the last Session; wherein it must be determined, whether this Councell shall bee taken for a continuation of the first, or for a new one: That if it be concluded to be the same Councell, (as they are all inclined that way) the French Am­bassadours, who ever refused to admit of the first, should hereby receive a great blemish; and the proceedings of King Henry, who protested against it, should be condemned.’

14 These and other le [...]ters by me quoted, which I have seene, remaine in the hands of good Catholiques, who will be ready to produce them upon oc­casion, with many other memorable acts concerning this subject.

CHAP. VII. That the place where the Councell was held was not free.

IT is urged moreover, that the place of the Councell was not free and safe: and that the suit being commenced against the protestants of Germany, the Councell should have been called within that country [...] according to the r [...]quest 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 thinke of a more powerfull and pre­sent remedy [...] than that the Pope, by the consent of the Emperour, call a free Coun­cell in some convenient place of the Empire, as soone as may be; as at Strasburgh, Mayens, Cullen, Ments [...] or at some other place convenient in Germany. In r [...] ­ference to this, the German Bishops assembled in an imperiall Diet at A [...]sburg 1547, com [...]laine to Pope Paul the third, for not causing that Councell to be holden in Germany, and the inconveniences that followed thereupon, with the little good it did. See the tenure of their letters set downe by Sleidan, Sleidan. lib. 19. not cont [...] ­dicted by Suri­ [...]s [...]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 beene prevented, if in good time the remedy had been applyed by a generall Councell, to the disease, when it was first a breeding: for which Councell they had often importuned the Emperour, that he would procure so much as that it might bee kept within the confines of the Empire; that so the Bishops of the country, who were princi [...]ally concerned in it, might be there. For considering, their jurisdiction is of such a large extent, it would be very inconvenient for them to travaile out of their countrey, espe­cially at this time. Finally, by diligence of the Emperour [...] when there wa [...] not a living soule to be found at Mantua, nor Vicenza, the Councell was con­cluded upon and begun; but without the bounds of Germany; namely at Trent, which belongs rather to Italy. This was the reason there were so few Ger­mans the [...]e; nor indeed could they bee; especially in a time of war, when all the passages were stopped and guarded.

[Page 31]3 The Protestants also have ever made the like demand, in many severall as­semblies of Germany: namely, that there might bee a free Councell;Councells should be hol­den in a free place. and that it might be held in some imperiall City of Germany; as well for the liberty, as for the convenience. And besides, because the differences in religion were borne there.

4 I will set downe only what they say in a letter writ by them to the Em­perour Charles the fifth, dated August the 11. 1546. Any body (say they) may easily see and perceive that this is none of the Councell, with the vaine hopes and promises whereof you have a long time fed us in many Diets: to wit, of a generall, Christian, and free Councell; and that it should be in Germany; as wee and our associats in religion have made remonstrance to your Majestie in the last Diet at Worms.

5 The King of England demanded likewise, that the Councell might bee in a place free and safe, out of the Popes dominions. And when hee understood that Italy was the place assigned, he protested against it as null, in the yeere 1537. ‘His life lyes at stake (saith he) that dares reprove the Pope,Sleidan. Com­ment. lib. 11. and ac­cuse him to his face, unlesse it bee in a lawfull Councell: nor he nor his are se­cured by safe conduct. And say he were, there are apparent dangers and good reason why he should not come there; for it is no new thing with the Popes to violate their faith to staine, and imbrue themselves in the bloud of inno­cents: and howsoever others may safely go thither, for his part he could not, for evident reasons: For the Pope lyes in wait for him, and hates him mor­tally.’

6 The King of France made the like instance, in the protestation which he sent to Trent, and was presented by Monsieur Iames Amiot, Abbat of Bello­sane, the first of September 1551. For after he had made rehearsall of the war, which the Pope had raised up against him; hee shewes,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 Realme unto the Councell, seeing they could not have free and safe accesse. Now this demand of the freedome and safety of the place is no new thing, but hath been put up at other times upon the like occasion. The Vniversity of Paris in the act of their appeal (whereof we spoke before) makes expresse mention of the safety of the place to which the appeal should be brought. The Fathers in the second Pisan Councell, offer Pope Iulius the second, to submit themselves to a Councell of his calling, but not in Rome, as he would have it; but in some other free place, where they needed not feare: Yea, they named ten Cities to him in severall places of Christendome, that he might make choise of one; or they would give him his choice to name ten in Italy; so they were not under his jurisdiction nor under the Venetians.

7 The delegates sent to the Pope at Rome by the same Councell, according to the commission which was given them; made proffer to the Colledge of Cardinals, of all peace, unity and obedience; alwayes provided they should agree of a common place of safety, and which stood neuter, for the celebration of a generall Councell; the city of Rome being much suspected both by them and many more. But it is fitting we here translate word for word, the reasons which were urged by that same Councell of Pisa in their apology against the Pope and Cardinals, who were obstinatly bent to have the Councell in the ci­ty of Rome.

8 ‘God forbid we should thinke the Lateran a safe place to meet in, and treat of the affaires of the Church,This apology of the Councel of Pisa, [...]as printed at M [...] ­lan by Gora [...] ­dus Ponticus ann. 1512 [...] with safety and truth. Wee much suspect there are some ambushes lurking in the Lateran: and therefore from hence­forth, we do most resolutely and earnestly refuse it, a [...] a place notoriously and evidently suspect; as dreadfull and dangerous to our lives, especially now when we stand upon other protestations. We confesse indeed, and that con­fidently; that place i [...] very fitting and most safe for projectors: there are a [Page 32] great number of men,The Councell of Pis [...]'s apo­logy. well furnished both foot and horse: there are strong forts, a navy not farre off: And lastly, the City it selfe, with the adjacent people trained up in armes, and accustomed to the warres, all at the Popes de­votion. There are Captaines which make but small reckoning of Cardinals and Prelates, when it is the Popes pleasure: And the Cardinals being alrea­dy possessed with this feare, are not in case to counsell what is true, but what will please. Nay there is not a man alive, but will take his oath without scru­ple, that the place designed at Rome, is full of treacheries, and very dange­rous, both for those who called the Councell at Pisa, and all those that were present there. And we know nothing in all the world so certaine, but is lesse certaine than what wee said before. If then the comming into the City at this time, be generally reputed and esteemed to bee with the great hazard of the lives of the Fathers; this refusall ought not to bee offensive. For what man is hee (as Clement the fifth said) that will easily come before a judge guarded with a strong army? Who durst, or could bee thought to appeare willingly before him, and put himselfe into their clutches, whose violence 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 doe, and which nature abhorreth. As for the Popes faire words in offering us safe conduct, and his promise to receive and intertaine us courteously, and lovingly, these will not serve either to remove, or lessen the just feares which possesse 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 forme 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 Holynesse will keepe his promise with an upright heart, without suffering himselfe to be transported either with hate or choler: how can the Fathers be assured in their hearts, when they looke backe upon things by-past, though his Holynesse should not be touched with indignation? Popes are men, and God saith, there are twelve houres 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 swarme in the Court of Rome? The intolerable wrongs, the cruell insolencies, the horrid and unheard-of butchering, which some Fathers have suffered that followed the Court, are a sufficient item to us, and make us more wary. Not to goe far for examples, the Pope himselfe, when hee was but yet of an inferiour order, hath sufficiently instructed us, how far wee 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 peece 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 beleeve what himselfe was so resolute not to beleeve, and that for so long a time. Which indeed stands with good reason; for even Innocent the fourth tels us, that no man is bound to put himselfe into the power of his enemy with letters of safe conduct. Hereupon the former Popes, after they had got Armies, Garisons, and Citta­dels into Rome, were wont to assemble Councels in other places, rather than there. And if there be no more liberty allowed to the Senat, than what they now have, if the Popes doe not take another course of life and govern­ment, than they doe, no man can ever thinke that in such kinde, of Ecclesia­sticall liberty as this, there is any fit and convenient place for receiving the Holy Ghost, who doth usually reside in free so [...]les assembled in a Councell. Seeing then that the exception against the place is proved to be lawfull by all right and reason; seeing the profer of safe conduct cannot in right and reason remove the just feare, which is such as may bee incident to men of fortitude; [Page 33] 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 peremptori [...]y upon the difficulty and dif­ference of place, they give no small occasion of sus [...]ition, that they doe 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 alledged in this Apology are very pat for the Protestants. They alwayes demanded, that the Councell might be kept in Germany this de­mand was repeated in all the Diets h [...]lden in those dayes. The C [...]tholique 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 com­passe it. The Pope hath not yet forgot the Councels of Constance and Basil. He thinkes Germany is fatall 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 Councell it is said to be in the confines of Italy and Germany. All antiquity puts it in Italy. Ortelius in his Theater of Geography [...] puts it in the map of Ita­ly. This City was otherwise no lesse formidable to the Protestants than Rom [...] was to the Pisan Fathers. The Bishop was Lord of the Towne, 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 Popes devotion. The denyall of having the Councell kept in Germ [...]ny, or any other pla [...]e of free accesse, 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 lesse the Protestants; especially so long as the memory of Iohn H [...] and Ierom of Prague was not extinct, and the decree of the Councell of Constance stood in force; which saith, that proces must bee made ag [...]inst heretiques, notwith­standing the safe-conduct of the Emperour and other Kings: and some shift might be found to wave that also which was granted by the Councell.

11 There needed no more but that one Canon, Bad promises must be broken, to thunder-strike all heretiques, notwithstanding their safe conduct; and that rule which is given us by Boniface the eighth, It is not necessary for a man to keepe his word in unlawfull promises. And God knowes there was no w [...]n [...] of such Doctors as would put such a glosse on those decrees as would best suit with the point in question. For is there any thing worse than a here [...]ique? 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 kinde of contract is it not a [...] obligation? The Canonists advise us not to trust too farre to such safe con­ducts, and excuse them that take their councell, from all defaults that they can incurre; acquitting them from all sentences and proces made against them, which they brand with a nullity.

12 When the great schisme was in the time of the Emperour Sigismond, for the appeasing whereof the Councell of Constance was called, th [...]re was a great deale of ceremony about chusing the place. That very point was held so materiall, that the winning or losing of the cause was thought to depend upon it.Mu [...]iut Ger­man. Chron. lib [...] 27. circa prin­cip. They agreed well enough of the time (so the Germane Chronicl [...]s) but a great controversie 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 beene cast, had it beene 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 Romane was taken for th [...] lawfull Pope. And therefore they contended a long time about the place Pope Iohn did wisely dissemble, and not communicate his counsell save to one or two; his chiefe care was that it might not be in any place where the Emperour was the stronger party. Which notwithstanding fell out against his will, which almost [Page 34] made him to despaire. T [...] [...] now [...]cc [...]unt [...]d of b [...] Po [...]es. The Legats being returned to the Pope, (say those Chro­nicles, meaning Iohn the three and twentieth) and having certified him of the place of the Councell, which was agreed upon, he had like to have gone mad by rea­son of the excessive griefe he conceived thereupon, and cryed out hee was undone, and began to cast about for the alte [...]ing of it. But all his counsellors lying their heads together could never invent a pretence faire 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. g [...]nerat. 48.13 ‘We must not omit (saith Leonard Aretin) a memorable accident which f [...]ll out then, whence we may learne that all things are disposed from above [...] The Pope (saith he) had secretly imparted unto me his intention and designe, (he was the Popes Secretary) saying unto me, All depends upon the place of the Councell, I will not have it in a place where the Emperour is stronger than I, wherefore I will give a large commission and authority to the Legats whom I shall send for fashion sake, which they may shew in publique; but in private I will restraine their power to certaine places; and he told me the number of them. Persisting many dayes in this minde, the time came that he must dispatch the Legats. Then having caused all other to avoid the roome, my selfe onely excepted (saith Leonard) he communed secretly with the Le­gats, and exhorted them with many arguments to be diligent in performing the charge of their legation; representing unto them how the businesse 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 himselfe did. While hee 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 condiscend; but I have changed my minde at this very instant, and leave all to your discretion: consider with your selves what will be safest for me, and what I need be afraid of. Then in their presence hee tore the Paper wherein the names of those places were writ, without naming any place at all to them. The Legats being dispatched towards Sigismond, pitched upon the City of Constance for the place of the Councell, which was within the Emperours dominions. But when Pope Iohn heard of it, you would not thinke how he was grieved at it; hee cursed himselfe 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 shep­heard.’

14 Amongst other nullities, the States of Germany assembled in the Diet at Francford the yeere 1338. doe urge against the sentence and proceeding of Pope Iohn the 22. and his Councel, concerning the excommunication of Lewes the fi [...]th, the little safety in the place appointed for the Emperour to make his appearance at. That the citation (say they in a Decree which runnes in the Emperours name) binde the party assigned to appeare, N [...]clerus vol. 2. generat. 45. it is requisite there bee a time appointed him, and that the place where he is to make his appearance be safe. But it is notoriously knowne that this same Iohn doth beare a capitall hatred to us, and hath with an army of souldiers pursued us, our liegemen and confederates. Besides, the City of Avignon, the Pope himselfe, and the Lord of it, have a long time hated both us and the Romane Empire; wherefore it were senslesse for any man to say that such a summons was Canonicall: for on the contrary, it is utterly void and invalid in 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 Clement. Pa­storall [...] de sen­ [...]ent. & reju­dis. Clement the fifth may serve to prove, that those who are summoned need not appeare but in a place of safety, in as much as his dis­anulling of the sentence of condemnation pronounced by the Emperour Henry the sixt against Robert King of Sicily, was mainly grounded upon this very [Page 35] 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 proces and quarrell, even then when the sentence was given, there was alwayes a great army about the Emperour, that pursued the King and his partakers with mortall hatred, and that the City of Pisa, where the sentence was given, had an ancient grudge against the said King, as every body knowes. 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 appeare in a populous place, of great strength, and which bore hatred towards him? who durst doe so? or by what r [...]ason should any man be bound to bide his doome in such a Consistory, to cast himselfe into his enemies bosome, to present himselfe voluntarily to die, and that for no just cause, but by an open in­jury: He were a foole that would thinke such a citation bound the party cited to make appearance.

16 All these considerations hold good against the Councell of Trent. For besides that all the Cardinalls, 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 Popes armies were almost continually abroad in Campania during the time of the Councell, either against the Protestants, or against the King of France, or upon other occasions, as we shall shew 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. Adde can. Lo­tharius. caus. 3 [...] q. 3 whom he put away from him, ordaines that the cause shall bee debated in a place of safety, where they need to feare 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 glosse 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 glosse 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 ap­peare before them, you may lawfully become appellants.

19 Innocent the fourth speaking of the satisfaction which he offered to make the Emperour Frederick, and referred it to be determined by Kings, Princes, and Ecclesiasticall persons, whom he offered to call together in some place for that end, makes expresse mention of the safety of the place. Wee are ready (saith he) to assemble Kings, Prelates, and Princes, both spirituall and temporall in some place of safety. And the glosse upon this; A judge should appoint such a place, or else there is a just cause of appeal, although it bee said that no appeal shall be admitted.

20 Ivo Bishop of Chartres complaines of the Popes Legat,Ivo epist. 94. because he had chosen the city of Bloys, there to decide the cause of the Clergy of Chartres; who could not repaire thither with safety by reason of the populacy of that City.

21 The same Bishop having a controversie with some of his Clergy depen­ding before the Archbishop of Sens his Metropolitan, Ivo epist. 205 [...] intreats him to appoint a place for judgement, whither they might goe and come with safety.

22 The Legat we spoke of, having appointed a Councell, consisting of French Bishops, to meet at Sens, 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 unlawfull marriage, hee gives him notice, that hee might have done better, to have proceeded to that absolution in another place then Sens, that so every one might have had meanes to speake his opinion freely.

[Page 36] Th [...] Roman Clergy only called to the Councell.23 The Doctours of the Canon law doe all agree, that an exception against the safety of the place is pertinent, and ought to be admitted [...] that it is good both by the Civill law, and the law of nature, that a man summoned to a place where any danger threatens him, is not bound to appeare, nor to send his pro­ctour; and that a judge is bound to assigne the parties a place of safety for the hearing of their cause,Doctores in Clement. Pasto­ral [...] 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 voyce in the Councell, were not called.

1 COmplaint is made also, that all those who ought to have had a consultative or deliberative voyce in the Councell, were not called thereunto. Paul the third by his Bull, da­ted in May 1542, and Pius the fourth by his in November 1560, call none to that Councell to deliver their opinions, but Cardinals, Patriarchs, Archbishops, Bishops, Abbats, and Generals of Orders. They doe not mention in expresse termes either the first or the last of these, but yet they are comprehended under those words, All others whosoever, which are restrained to them alone. For this sense the Popes expositors put upon them, and this is the form which is received in the Church of Rome; witnesse Bellarmine, Bellarmin. lib. 1. de Conciliis. Iohannes 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 Councell. All the petty Ecclesiastiques had nothing else to doe there, but to pick their fingers, or to pen neat speaches of such matters as were there treated of. But for de­crees, those lettice were not for their lips. All this is confessed by the Doctors themselves; yea, and defended too. The Popes whom I named, exhort those whom they call thither, that they should not faile to come there; yea, they straitly injoyne them by vertue of that oath which they have taken to them, and to the Holy See; which cannot be referred neither to Protestants [...] nor any other that have drawne back from their obedience to him, nor yet to Lay men howsoever obedient.

2 Hence two complaints arise; one, that the Ecclesiastiques of the Prote­stants side, being they could not have a deliberative voice there, had nothing to doe to goe thither. The other, that the Laiques of both religions [...] have ground of complaint, being excluded from this judgement. As for the first [...] when any controversie arose, diverse courses have beene taken to compose the differences in religion: Sometimes the Emperours have appointed judges, be­fore whom both parties came and discussed their opinions freely. Ph [...]tinus Bishop of Smyrna, being accused for a heretique by the Councell there, was afterwards admitted to dispute with the Catholique Bishops,Sozomen. lib. 4. [...]. [...]. In which dispute (saith Sozomen) certaine judges were ordained for presidents of the Councell, who from that time forwards, were accounted men of prime rank in the Palace, both for knowledge and dignity, After many objections and answers pro and con; Basil, Bishop of Ancyra, who defended the doctrine of the Catholiques, got [Page 37] the victory; and Photinus was condemned and sent into banishment.Lay men ad­mitted to Councels in the Primitive times. At the generall Councell of Chalcedon, which consisted of six hundred Bishops, there were diverse officers of the Emperours Valentinian and Marcian; and a good number of Senators that came to preside there; yea, and to judge of all diffe­rences and controversies,Vid. Acta Con­cilii Chalced. tom. 1. Concili­orum. even such as concerned faith and religion [...] who be­haved themselves so, that in some points they swayed that great company of Bishops by their advice. As we have observed more particularly in the title of the presidency in Councels. Honorius the Emperour, to lay the quar­rels that were in his time between the Catholiques & the Donatists in Africk, Vid. Acta Col­lationis Car­thagini habitae [...] called them all together at Carthage, and deputed Marcellinus, one of his of­ficers to bee judge; who after hee had heard all along the reasons on both sides, pronounced the sentence of condemnation against the Donatists. Where­in he saith amongst other things;

3 To the end that apparent errour may undergoe the yoke of revealed truth, 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 Crowne, as of private pos­sessions, with the Ancients in all places, that, not forgetting the lawes, their own dignity, honour and safeguard, they doe their endeavour to hinder all Conven­ticles of the Donatists, in all townes whatsoever; who shall be bound to surrender up to the Catholiques those Churches which I allowed them of courtesie untill the day of sentence, without commission from the Emperour.

4 Possidius, 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 betweene all the Catholique Bishops and the Donatists, by the command of the Emperour Honorius, who sent Marcellinus the Tribune into Africk to be judge in that collation. In which controversie the Donatists, being throughly confuted and convinced of errour by the Catholiques, were condemned by the sentence of the judge. He addes moreover, that they appealed from that sentence to the Em­perour, and that they were afterward condemned by him, and declared here­tiques.

5 Pope Miltiades also with some other Bishops,August. ep. 162 [...] had passed sentence in that cause, but the Donatists being not well content with his judgement, the Em­perour remitted them afterwards to the Bishop of Arles, as St. Austin relates. That which Cardinall Iacobatius, a stickler for the Popes authority, saith, is very remarkable, that lay-men were sometimes admitted to Councels, to bee judges betwixt those that canvassed some deepe point.Iacobatius lib. 2. de Concili [...] art. 6. Hereupon (saith he) in a Synod holden in a Councell before Constantine and Helena, where it was dis­puted, whether the Iewish law or the Christian should bee preferred, Craton the Phil [...]sopher who would not possesse 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 speake it by the way, but not much from the purpose) that saying of Gerson the learned Chancelour of Paris. There was a time, when without any rashnesse 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 beleeve 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 Councell 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 heresie was broached,Origen in dia­logo contra M [...]c [...]o [...]itas [...] the manner was to proceed against them, by assembling Councels 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.

[Page 38] Th [...] f [...]e dis­put [...]s in former [...]ouncels.7 Sometime they had free Councels, unto which it was lawfull 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 Emperours, Constans and Constantius, the one a Catholique, 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 generall Councell at Sardis; whither all the Bishops of both parties might have meanes to repaire with all safety. Which was done accordingly.Socrates lib. 1. cap. 16. Then was there a generall Councell appointed (saith Socrates) and ordained that all should repaire to Sardis, a City of Illyrium; which was done by the joynt consent and agreement of t [...]e Emperours; 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 Emperours (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 Councell of Ariminum, consisting of above foure 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 Catholique and Arrian, were without distinction ad­mitted thither, both to dispute and to determine. The Bishops in those daies were not sworne to the Pope; nor did he take upon him to call them, but the Emperours, who summoned such as they thought good. This manner of cal­ling Councels with all freedome, is then mainly required when the number of beleevers on both sides is great, when the complaints are formall, 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 faire way; come to conferences, treaties of agreement and arbitration. This course was taken with the Greek Church in the time of the Councell 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 Latines; 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 Heretiques, by reason of that poore Pragmatique Sanction, which hath beene 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 termes of accord, and articles of agreement un­der which we live at this instant.

9 Innocent the fourth after he had excommunicated the Emperour Frede­ricke, he and all his Councell make this profer to him, (in case the Emperour did complaine of injustice) to referre the matter to the Kings, Prelates [...] & Prin­ces spirituall and temporall, assembled about it in a place of safety. Why is not the like put in practice now adayes towards those which complaine of this Councell, and are ready to defend their cause, and justifie thei [...] right?

10 This calme way hath beene sometimes attempted in Germany, not alto­gether without successe. It hath beene also practised in France, when the con­ference was at Poissy; yea and that with such successe, that the grand contro­versie touching the reall presence in the Eucharist, so much canvassed amongst us now adayes, 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 againe by generall or particular conferen­ces? We must of necessity be driven to one of the two meanes formerly pro­posed; to wit, either that Christian Princes appoint certaine Iudges, some Cler­gy men, some Lay men, an equall number of both religions; or that there bee a friendly meeting about it, where they may continue victorious right or wrong, [Page 39] (as most doe now adaies) but with a holy desire to live from thenceforth in peace,Lay men [...]ot [...] ­ly excluded f [...]ō this Cou [...]ll. or stop the veines that have shed so much blood. For to have recourse to the rigour of the formalities and caltrops of the Councell of Trent, is but for men to cosen themselves: the event hath proved the designe to bee naught. This Councell instead of appeasing the troubles did excite them; and inveno­med those mindes which were exulcerated before. In stead of setling the re­pose and unity of the Church, it raised warres in Germany, the Low Countries, and in our France, not onely during the time of the sitting, but afterwards: and this is the reason why King Charles did earnestly sollicit the Fathers there by his Ambassadours to the embracing of peace. Marke what the Cardinall of Lorrain sayes to them about it, in his learned Oration.

11 The most Christian King, although hee be throughly perswaded of all these things, and expect nothing from us which may make against them: yet there are two things whereof he puts you in minde, out of the good will he beares 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 wee 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 warres. Wee must be farre from any desire of stirring up warres, that so they who have depar­ted from us, and are cut off from the Church of God, may not thinke that this as­sembly was rather to raise up Princes in armes, and to enter leagues and confede­racies, though for a holy warre, than to procure a generall reconciliation of the mindes of all men. The other maine point of my ambassage [...] is, that which from the beginning was common to my master the most Christian King, with the most Illustrious the Emperour, 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 Ecclesiasticall discipline.

12 This demaund so affectionate, was never made but upon some ground. So then, there is good reason why this Councell should be suspected; and why the form which was observed in the judgement and decision of matters should be excepted against. For what hath beene said touching the Pope, doth e­qually concerne the Bishops, who were summoned to a reformation as well as he. That passage which we have now cited, is a sufficient proofe thereof, so that we need not produce any more. Consider the parties, the demands are mutuall, the actions double; the Pope complaines that the yoke of his obedi­ence is cast off, and impeacheth them of heresie that did it; so doe the Bishops. The Protestants accuse him of tyranny, usurpation, and errour; 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 busie 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 proposall 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 com­plaine of the Pope for excluding them out of the Councell. It is a thing which he could not doe 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 onely as witnesses and spectators, but to be Iudges there.Vid. Fasciculū rerum expeten­d [...]um. And that it may be lawfull (say they) for every one as well of the Laity as of the Clergy, that assist in the Councell, to speake freely, notwith­standing all oathes and obligations whatsoever [...] and to provide for the glory of God the salvation of soules, and the safety of the Christian Commonwealth, without [Page 40] any hindrance. The next reason, because from all antiquity Lay men have had their place in Councels, [...]y men may b [...] [...]dmitted in C [...]unc [...]ls. 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 ministery. It hath no colour to say, that among all those Disciples there were no [...]ay men. In the Councell which was called about Circumcision, mention is made not onely of the Apostles,Act. 15.23. but of the Elders of the Church, and of the bre­thren.

14 Bellarmin grants this to bee true, (for hee cannot deny it;) but he saith withall,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 sworne to tell us who taught him this, he would be mightily puzled to finde his authour, unlesse it bee haply some smattering divine of these latter dayes. But such authorities are of no price: and if it were lawfull to rove in this sort, in the exposition of holy Scriptures, and to apply our owne idle fancies unto them, there would be no certainty in them. He saith, That the forme obser­ved in other Councels holden after the Apostles times, may make us beleeve that it is so. But what Councels are there which he urgeth us with, seeing we finde nothing of any forme that was observed till Co [...]stantines time? That of Nice, V. Acta Conci­lii Ni [...]ni. & Ruffin. l 1. which was holden under th [...]t Emperour, makes wholly for us; for there Lay men were admitted, and did dispute and debate controve [...]sies. I conf [...]sse it doth not appeare whether they gave voices or no. The Apostle in another place useth this forme of speech; It pleased the Apostles and Elders with the whole Church;Act. [...]5. [...]2. which is the very Sacramentall word that was after­wards retained in giving of voices in Councels, as is plaine from their acts: and even till this houre, all the speech which our Fathers nowadayes 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 alledged, concerning the deputation of judges, doe plainely prove that Lay men may judge of Ecclesiasticall 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 Councels in the nature of Iudges. I confesse, that sometimes their commission was limited, and that they were sent only to be auditors, to see that there were no disorder, and to looke to the ca­riage of all things: To cause the Fathers to deliberate upon such points a [...] were proposed, and to keep every man in order. So Dionysius som [...]times Con­sull, at the Councell 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 Emperours, to allow what power they thought good, unto those that supplyed their place of presidency; as also it belonged to them to call Coun­cels, and to admit or exclude whom they pleased.

16 And as for themselves, they behaved themselves herein severall wayes: For sometimes they contented themselves with a honorary presidency, with­out intermedling so farre 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 Councell of Nice. V Act [...] Conc. Nicani cap. 8. Which may be proved from hence, that certaine 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 hee indeed refused to doe, yet another man hath done: What he said or did in this case, was out of modesty; as also diverse other things, which neverthelesse were otherwise wr [...]sted, to the prejudice of them who were too full of their courtesie [...]. Hee desired to be amongst them in the rank of a Bishop; for mark how he writes, after the breaking up of the Coun­cell, 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 joyned my selfe with you in that [Page 41] ministery. The [...]re [...] Fa­th [...]r restrained of their lib [...]rty. Therefore he was one of the judges, else he should have beene lesse 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 Councell of Arles. Another Constantine was president of the sixth generall Councell at Constantinople, Vid. Acta Con­cilii Cons [...]anti­nop 6. tom. 2. Conc. with a good number of his officers assisting; and the acts of the Councell make it plaine, that hee was not a meere honorary president, but that the whole action was guided by him; that he pronounced the sentence an [...] gave judgement: and in summe, did all that belongs to an Ecclesiasticall president to doe.

17 Charles the Great, did the like in the Councell 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 hee discoursed of points of faith, and made them deliver their opinions upon such as himselfe proposed. The Canons and Decrees runne also in his name, The Emperour (saith hee) hath ordained, with the consent of the Synod, &c.

18 The name of Charles the Great, puts us in minde of inserting some of our French Synods in this place, which we finde oftentimes to have consisted both of Lay men and Clergy men, joyntly to determine of matters, aswell Ec­clesiasticall as Civill.

19 In the yeere 742, in the reigne 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 Realme; by whose advise and counsell hee made certaine Ecclesiasticall constitutions; By the advise of the Church­men, and the Princes of this Realme, we have ordained, decreed, &c. See how hee speaks in the Decrees of that Councell.

20 The yeer 744, under the same Childeric, Pepin a French Duke and Prince called another Synod at Soissons, consisting of Churchmen, and some chiefe Lay men of the Realme; with whom hee enacted some Ecclesiasticall lawes.V. Synod. Sues­sion. tom. 3. Con­cil. p. 438. Wherfore with the consent of the Bishops, Priests, and servants of God, and the ad­vise of the chiefe of the Kingdome, we have decreed to renew the Synod every yeer, &c. Againe [...] Wee have constituted and ordained by the Councell of the Clergy men, and the chiefe men of the Realme aforesaid. See you in what style the de­crees of that Councell were conceived.

21 The yeer 787, the Emperour Charles the Great, being departed from Rome to come into France. As soone 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 Realme.

22 The Councell of Meaux, under Charles the second, 845, mentions some former Councels, that consisted of Clergy and Lay men.Concil. Melden­se. tom. 3. Conc. p. 866. Another was holden (saith it) at his returne, 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 beene formerly decreed by the same Prince, together with the Lords spirituall and temporall.

23 The Councell holden at Pistis upon Seyn, the yeere 863 was of the same nature with these [...] as wee 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, Earles, and the rest of the faithfull regenerate in Christ, gathered together from diverse Provinces, at a place called Pistis upon the river Seyn, in the yeere of our Lord 863, the 23 yeer of the reign of our Soveraigne Lord King Charles, indiction the tenth. The Kings and Bi­shops assembled before us [...] being guided by the feare and love of God, have made diverse constitutions and decrees, with the Counsell and consent of the rest of the faithfull people of God. And in the second chapter; For the putting of which things more particularly in execution, wee have thought fit here to renew some amongst many, of the constitutions and decrees of our predecessors, and the ancient Councels. It follows afterwards chapter the third, Wee [Page 42] have constituted and ordained by common advise, &c. Lay men have assi [...]t [...]d at Counc [...]ll in Fr [...]nce.

24 The Councell of Tribur was neerly of the same kinde; for there were divers Lay-men there with King Arnulph, who was President in it. He came (saith the Preface to it) into the royall City of Tribur in France,Vide Concil. Tribu [...]iense in princ. & in fine tom. 4. Concil. pa. 26. with the Bishops underwritten, the Abbats, and all the Peeres of his Realme, and there flocked thi­ther both Clergy and Lay-men, in great troupes. And at the end, This holy sub­scription was confirmed and fairly approved by the reverend profession, and wor­thie answers of the Priests, Deacons, and Lay Nobility. This Councell contains eight and fifty Chapters concerning manners and Ecclesiasticall discipline.

Rigordus de gestis Philippi Augusti sub anno 1179.25 Philip Augustus intending to declare his sonne Philip his successour in the Realme, called a generall Councell at Paris, of all the Archbishops, Bi­shops, Abbats, together with the Princes and Lords of his Kingdome, that they might herein pitch upon a resolution according to his desire. And it is obser­vable, that in these Councels they treated of all things both spirituall and tem­porall. Whence that appeares to be true which a learned Frenchman hath written long agoe,M. [...]ean du Til­let greffier en ses memoires. V. Capitulare Caroli Magni lib. 2. ca. 24. & 25. That anciently the affaires of France were managed by the Clergy and Lay men joyntly. Which is yet practised by the Generall and Pro­vinciall States, as also in the Courts of Parliament consisting of Counsellors both Ecclesiasticall and Civill. There was a Councell holden at Soissons in the same Kings reigne by the Legats of Pope Innocent the third.Rigordus de gestis Philippi Augusti sub anno 1200. In this Coun­cell (saith an ancient Historian) King Philip was assistant, with the Archbishops, Bishops, and chiefe Lords of the Realme, where the point of the divorce or confir­mation of the Kings marriage with Iugerberga was discussed.

Idem Rigordus.26 The Patriarch of Ierusalem being arrived in France in 1184. with the Priour of the Hospitall 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 Generall Councell of all the Archbishops, Bishops, and Prin­ces of his Realme (saith the same Historian) which was holden in the City of Paris.

27 The Councell of Vezelay which was called by Lewes the Yong, 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 Yong, son to Lewes the Gross, (saithIean le Maire en la 2 partie de la division des schismes. Iohn le Maire) he was much grieved thereat; and for reme­die thereof he caused a Councell to be assembled at Vezelay in Burgundy, con­sisting of all the Prelates and Princes of France, and ordained that St. Bernard Abbat of Clervaux, should represent unto them vivâ voce, all the mischiefe that was befalne in the Holy Land.’

28 The like was done in the Councell of Paris, which Philip the Faire cal­led against Boniface the eighth. After this the same King (saith a 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 Coun­cell at Paris, where he demanded aid & advice against the said Pope. And M. Iean Bouchet en la 4 partie des annales 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 Maire en la 2 partie de la di [...]ere [...]ce des s [...]hism.Iohn Bouchet in his Annales of Aquitain, And immediately after hee caused a Coun­cell of Prelates and Barons to be assembled at Paris, in which Councell 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, Deanes, Provosts, and other Ecclesiasticall persons, together with Doctors of Law both divine and humane, and other learned men of the Realme, and also of the chiefe Lords of France, and others of the Kings Councell, about the receiving of the Councels of Constance and Basil. I say Synod, for so it is called in the act of Appeal of the University of Paris. A while after King Lewes the eleventh assembled a Councell of the Gallicane Church, and all the Vniversities in the City of Orleans, as well to understand the purport of the Pragmatique San­ction, as to give direction for the annates of benefices, saith the Author before al­ledged. [Page 43] Before we leave France, Lay men ad­mit [...]ed to Councell in England and Sp [...]ine. wee will set downe what an English Histo­rian saith of the Councell of Rhemes hol [...]en by Pope Eugenius the third, [...]4 [...]. About that time (saith he) Eugenius Pope of Rome coming into France, out of the affection hee bore to Ecclesiasticall discipline, set up a generall Councell a [...] Rhemes: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 possest with a devill, had seduced a great many by his tricks and juglings.

30 Spaine can furnish us also with such like examples; and assure u [...] that, when it pleased their Kings, even Lay men were admitted into thei [...] Councels, to have a deliberative voice there, and to judge of matters.

31 This may be collected from the sixth Councell of Toledo, Concil. Tole [...]. 6. Tom. 3. Con­cil. pag. 83. holden under King Chiutillaud, and by his authority, the yeere 654. where in the thir [...] chap­ter we reade thus: Wherefore we decree and denounce with heart and mouth this sentence pleasing to God, & conformable to our Kings, and do furthermore ordain with the consent and advice of the Grandés and honourable persons of his King­dome, &c. To the same effect we finde the eighth Councell of Toledo, Concil. Tolet. [...]: Tom. 3. Concil. p. 184. holden under King Recessuinth, and by his command, subscribed with the signes of fif­teene of his Officers. King Eringus caused divers of his Lords and officers of the Court to assist at the twelfth Councell of Toledo, holden in the yeere 681 [...] and ordained them for Iudges, together with the Bishops, to consult of such things as should bee handled there: to all whom hee made this exhorta­tion at the opening of the Councell.Concil. Tolet. 1 [...] versus princip. Tom. 3. Concil [...] pag. 374. ‘I doe admonish and conjure you in commune, both you holy fathers, & you right honourable of my royall Court, whom we have chosen to assist in this holy Councell, by the name of God, and as you will answer at the dreadfull day of judgement, that without all fa­vour or acceptation of persons, without any froward wrangling, or [...]esire of perverting the truth, you treat of such matters as shall be pro [...]osed unto you with a sound examination, and that you expresse them with a more sound judgement. His subscription to the Acts of that Councell have these words. Great good will accrue to our Realme and people, if these decrees of the Acts of the Synod, as they were made by our procurement, so they bee confirmed by the oracle of our lasting law. To the end that what the reverend Fathers and Lords have ordained by virtue of our command, may be defende [...] by our Edict.’ All his Courtiers and Officers are subsigned to the Acts of that Coun­cell.

32 The same forme was observed in England:Math. Westmo­nast l 1. sub an. 905. for in the yeere 905. King Edward, and Plegmond Archbishop of Canterbury, assembled a great Councell of Bishops, Abbats, and other faithfull people in the southerne parts of England [...] saith Matthew Westminster.

33 In the yeere 1150. King Stephen having done what hee would at Yorke,Neubrigens. lib. 1. cap. ult. and the adjoyning shires, returned towards the southerne parts about the feast of Saint Michael th' Archangell, to keepe a Councell at London, together with the Bishops and Nobles of England, both for the affaires of the Kingdome, and of the Church of Yorke, which was then vacant.

34 The yeere 1170. at the request of the King of England, two Cardinals, Neubrigens. lib. 2. cap. 2 [...]. Albert and Theodinus, were sent into France from the See Apostolique, who ha­ving called a great assembly of Ecclesiasticall persons and Noblemen within the territories of the King of England, they solemnly admitted him to purge himselfe of the murther of Thomas Archbishop of Canterbury.

35 In the yeere 1190. the Bishop of Ely, Chancelour of England, Idem Neubrig [...] l. 1. cap. 14. and Lieu­tenant generall of the Realme, in the absence of King Richard the second, who was then at the warre, in the Holy Land, called the Bishops and Lords of the Kingdome together. ‘And presenting them upon the suddaine with the in­ [...]strument of his Legation, hee openly declared himselfe with a great deale of [Page 44] pompe and insolency to be Legat o [...] the See Apostolique. [...]o [...] L [...]y men have and may bee admitted to Councels.

36 Come we backe to the Emperours; there we have the example of Oth [...] the first, who made up the Councell which he held at Rome for the condemna­tion of Pope Iohn, of Ecclesiastiques and Lay men. Of which ranke these are named by Luitprandus. Luitprandus re­rum per Euro­pam gestarum lib. 6. cap. 6. 10. 11. Of the Nobles, Stephanus filius, Iohannes superista, De­metrius Meliosi, Crescentius Caballi marmorei, Iohannes Puisina, Stephanus de Musa, Theodorus de Rusina, Iohannes de Primicerio, Leo de Camurzuli, Ricar­dus, Petrus de Canaperia, Benedictus, & Bulgaminus his sonne: Of the commu­nalty, Peter Imperiola, with all the Roman army. And afterwards by their una­nimous advice, the Emperour pronounced the sentence of condemnation a­gainst Iohn, and created Leo in his stead by the same advice.

Martinu [...] Polo­nu [...] in Henr. 3. sub anno 1058.37 We have also the example of Henry the third, Who (saith Polanus) ha­ving called a Councell at Worms, consisting of foure and twenty Bishops, and ma­ny of the Nobility, he there commanded the decrees of Pope Gregory to bee dis­anulled.

Vetu [...] author qui scripsit de investituris a­pud Theodori­cum à Nihem in tract. de pri­vileg. & [...]uri­b [...]s Imperat. pag. 785.38 We may further alledge the example of Popes. For Adrian did sum­mon many Lay men to the Lateran Councell holden by him and Charles the great, what time he caused him to bee proclaimed Emperour. ‘There was a holy Synod called (saith a good Author) by Pope Adrian of happy memory, at the Palace of Lateran, in the Church of St. Saviour, which was most so­lemnly kept by fifty three Ecclesiasticall persons, Bishops or Abbats, together with [...]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 customes, lawes, and manners of that Church and Empire: consulting also by what meanes heresies and se­ditions might be rooted o [...]t of the Apostolique See; and treating of the dig­nity of the Senate and Empire of Rome; seeing that by reason of these thing [...] a foule errour was spread over the whole world.’

[...]dem author.39 In imitation of him Pope Leo did the like in another Councell at the La­teran, under the Emperour Otho the first. For as much as your [...]umility (saith he) doth humbly desire our Apostleship that dispatching the holy Synod assem­bled by your advice at the Patriarchall of the Late [...]an, in the Church of St. Savi­our, and consisting besides of Iudges and Doctors of law, wee would declare how we may live in peace and quiet.

40 I am not ignorant that many examples may bee urged to the contrary [...] and that in many Councels there were no Lay-men at all, at least for ought we know. I grant it; but I would have it acknowledged withall that they might have beene there, and that it belongs to Princes to admit Lay-men when they thinke good; as Marsilius of Padua holds, and we shall prove hereafter. Nei­ther will I maintaine that it is necessary they should alwayes be admitted, but onely upon great occasions, about some weighty matters, and in case of urgent necessity. When we speake of Lay-men, we meane onely 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 doe to goe there; this is the opinion of Cardinall Cusanus. Nicol. C [...]sanus lib. 2. de 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, wisdome, and authority should be considered, that the judge­ment of fooles, who are ever the greater number, may not overb [...]are the opinio [...]s of the wiser sort. So then, we maintaine that the learned ought to bee admit­ted, by a reason which is backed with authority; and that is, beca [...]se what concernes faith is a common case to Lay-men as well as Clergy [...] and therefore when there is any controversie 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 down-right termes. Faith (saith he) is ca­tholique and commune to all, it belongs as well to Lay-men as Priests. Yea to a [...] [Page 45] Christians. Hee speakes expressely of Lay-mens assisting at Councels,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 Councell of Trent. There were deepe 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 hee limits the admittance of Lay-men to Councels (spoken of by Pope Nicholas) to these ends, onely that they may see and heare what passeth, but not judge. This glosse corrupts the text, which speakes without distinction: besides the cause being the same both in re [...]pect of Clergy-men 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 disposall of Bishopricks and benefices, whence the number of the learned Clergy hath beene more impared, than it were to bee wished it had, and is so at this day.Marsilius de Padua in de­sens. pac. part. 2. cap. 20. Marke what Marsilius of Padua said of it above three hundred yeers agoe; Nowadayes (saith hee) by reason of the corrupt [...]on which is crept into the regim [...]nt 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 temporall meanes of Church livings; and doe so, either by their services, entreaties, money or temporall power. And God is my witnesse, and the number of the faithfull, that I remember, and have seene many Priests, Abbats, and Ecclesiasticall Prelats, so poorely learned that they were [...]ot able so much as to speake true Latine. Hence it follows, that Lay men should be admitted into Councels, considering withall that it was anciently accustomed. At the most noted Councels (saith he) the Emperours 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 dayes, as there is now, by reason of the great number of Priests and Bishops which are ignorant of Gods Law.

44 I doe not urge all these passages to offend the Ecclesiasticall order, nor many learned Prelats 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 confesse what I say to be true, That at this present there are some Ecclesiastiques which haue voices in Councels, that are incapable of that priviledge: And on the other side, there have beene, 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 Christendome, by reason of religion; the Turks pressing so hard upon us, that if God be not mercifull to us, our slavery is not farre off: Is it not reason to conferre about these differences, with all sorts of people, to the end that some remedy may be found out for them? There was a poore ignoramus that pu [...]led a great Philosopher at the Councell 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 Abbat.Panormit. [...]n cap Signi [...]ic [...]st [...] de Elect. Every learned man may and ought to withstand a whole Coun­ [...]ell, if he perceive it erres of malice or ignorance, saith Mr. Iohn Gerson. But where, and how, I pray you, if not in a Councell? Or, to speake more pro­perly, where can they doe it more fitly than in such an assembly? and how should they doe it there if they be not admitted?

45 It will be replyed, that they may be allowed to come there, but onely to consult: and so they will expound most places out of Couuncels and an­cient authors. For example, that which Socrat. lib. 1. Eccles. hist. ca. [...] Socrates saith of the Councell of Nice; There were present (saith he) many very learned Lay men, and well skilled in disputations: that which was ordained at the Councell of Concil. Tolet. 4. tom. 3. concil [...] pag [...] 65 [...] Toledo, [Page 46] concerning the assistance of Lay men at Councels:L [...] m [...]n ad­mitted at Con­stance and Pisa. that which we find recor­ded of the sixth generall Councell at Concil gener. 6 Constantinople, and of the Const. et Conc. generale 7. Ni­caenum tom. 3. Concil pag. 234 & 452. seventh ge­nerall, which was the second Nicene Councell, at both which, in all of their Sessions, diverse Senators and officers of the Emperour did assist: that which Guilielm. Du­ [...]ant. in trans. de Concil. Durand Bishop of Mande saith in his treatise of Councels: that which the Abbat of Panormo, in his allegations for the Councell of Basil:In tract. de potest. Papa lib. 3. c. 12. Et in Conc. ge­n [...]ralia dist. 13. q. 4. Cardinall Tur­recremata, and Cardinall Cardinalis Iacobatius lib. 2. de Concil. Art. 6. Iacobatius, who admittes them in diverse cases, and amongst others in this very case whereof we speake. Yet for all that, I cannot see what they can answer to Marsilius part. 2. cap. 20. in def pac. Marsilius of Padua, who allowes Lay men to be judges in Councels; for he would have all countries in the world, and famous commonwealths, following the ordination of their humane law-giver, to elect out of faithfull men, first of Priests, next of others, provided they bee fit men of an honest life and well versed in Gods Lawes. And as for the places before alledged, let them say what they will, it is plaine enough in most of them, that Lay men were admitted into Councels to give voices, and be partners in the judgement.

46 But bee it granted that they ought not to be received, but only as coun­cellours; yet still there will be a grievance here, seeing they were never ad­mitted nor summoned thither in that kinde. There were only three Doctours of the Civill and Canon Lawes, (saith Onuphrius) that were indeed called thither: or, to speak more properly, sent thither. But what to doe? to bee slaves and servants to the Lords of the Councell. Marke what service Bellar­mine deputes them to.Onuphriu [...] in Pio 4. Bellarm. lib. 1. de concil. ca. 15 Of Laymen (saith hee) some few shall be called thither as shall seeme serviceable and necessary for some office in the Councell. That is, in plaine English, the Pope will send some such as he meanes to serve himselfe of, so as the gate is shut against all others: and such, saith Bellarmine, was the pra­ctice of the Councell of Trent. We desired to heare thus much from him [...] that our complaint might have the surer ground. This was not the forme of that famous Councell 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 countreyes and conditions: those that have left us the description of it, say there were twenty foure Dukes, a hundred and forty Earles, divers Delegates for Cities and Corporations, divers learned Lawyers, divers Burgesses of Uni­versities. And it may easily be gathered from the Acts of that Councell, that the Laiques were not debarred from giving of voices, and power of deli­berating.

47 At the first Councell of Pisa, there were the delegates of Vniversities, the Proctors of Cities, and some Doctors in law, to the number of foure 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 Popedome, 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 Councell of Pisa, there were also the delegates of Uni­versities, amongst others of Paris, Tholous, and Poictiers, with sundry Do­ctours in Law, and other men in great abundance, (say the Acts) well skilled in matters both divine and humane. Thus should generall Councels bee com­posed; mainly then when the question is about putting an end to disorders, schismes, wars, and bloud-shed; then when the Clergy cannot agree them­selves. I know well it will be hard to perswade the Pope and his disciples to this; who having usurped all authority over Councels, surely over Clergy men of the meaner sort, will be loath to let it goe. I know besides, the Pope is not well content that his presidency should be disputed, nor his power of calling and confirming Councels, 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 [Page 47] take a friendly course, handle the matter gently,Nothing done in the Coun­cell but what the Pope plea­sed. conferre together and depute some men of rare knowledge of all conditions whatsoever; it may bee 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 concernes to provide for such matters.

CHAP. IX. That this Councell was nothing else but a Papall con­venticle.

1 WEE may collect from the former discourse, that no man had any voice in the Councell, but such as were sworne to the Pope; and thence quickly inferre, therefore nothing was done there, but what hee pleased. Though the conclu­sion be good, yet will we descend to the proofe 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 suspition in all men, (saith he, speaking of the Pope) that this calling of the Councell againe, was not any way for the common good and profit of the Catholique Church, but rather upon compact and accord with those whose inte­rests are served in this assembly: He meanes the King of Spaine, who was the Popes favourite, and by consequence the Councels. 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. witnesse Mr. Iames Amiot, Abbat of Bellosane, and afterwards Bishop of Auxerre, who presented the act of Protestation to the Councell the first of September 1151, and who set downe the whole story of it in a letter of his written to Monsieur de Morviller; They will not (saith hee) have this act come to light, till there bee 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. Iames de Ligueris for proofe thereof, who went to the Councell in behalfe of King Henry, the yeere 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 Popes authority; hee 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 fourty Bishops of Apulia and Sicily, whom hee presently embarked and made them hye to Trent: and how when they came there they hindred that resolution which was like to have beene made, crying out that the Councell could not set lawes to the Pope, and that they were all nothing but his Holynesses crea­tures.

2 The Emperour Ferdinand hath said as much in termes so expresse,Extat hac epi­stola Parisiis impressa apud Nicholaum Chesneau anno 1563. in a let­ter of his writ to Pope Pius the fourth, as takes away all scruple which can bee made hereof. That it may be lawfull (saith hee) for the Fathers, freely to speake and decree that which the Holy Ghost and their own consciences shall sug­gest unto them without feare or favour, all good order being there observed, by which meanes all confusion which might be feared shall be avoided, so as there shall be no need of ru [...]ning out of the Councell for the determination of such points as are debated in it. Wee are confident your Holynesse will never bend your designes [Page 48] that way; Lay m [...]n calle [...] to Councels 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 Councell may seeme to bee any way abated or violated. There are yet other complaints in the same letters, which shew 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. Trid 4 Iunii, [...]nn. 1562.3 The French Ambassadour gives them also some quips, and those pretty ones, and plain enough: Christendome (saith he) hath reapt but little or no good at all from the many Councels which have been holden in and before our times, both in Germany and Italy; things remaine still at one stay, that is, in a poore 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 humors 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 superiour, but the honour of God, and the quiet of his Church.

4 And presently after he addes; If wee will apply our selves to the humour of this or that Prince whatsoever; and if we chuse rather to mistake the truth by that meanes, than embrace our owne 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 vertues doe assure me of the contrary) the state of religion will be so desperate, that there will be no hope of remedy left. I have seene the originall copy of a letter in the hands of a learned Catholique, dated the 19 of May 1563, written from Trent to Rome, by Monsieur de Lansac, King Charles his ambassadour at the Coun­cell of Trent, unto Monsieur de Lisle, the same Kings ambassadour to the Pope; wherein he intreats him to deale so, that the Pope would leave the Councell 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 Spaine, accuseth the Pope of bereaving his eldest son of the honour that belongs unto him; of arrogating unto himselfe power over the Councell, and prescribing unto it what it must follow and observe. And in the letters written by the same Ambassadours unto King Charles, the 25 of November 1563, upon occasion of their retiring to Venice; they say amongst other reasons, they departed from the Councell, 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 seeke the Popes resolution.

5 This is also the great complaint, which hath ever beene made, and that justly, by the Protestants of Germany. Heare what Paul Vergerius (who had formerly been the Popes Legat in Germany against Luther and the Protestants) speakes concerning it in an Epistle of his to the Bishops of Italy. Voyes [...]es com­mentaires du Sieur president 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 informe your selves of that which Pope Paul the third, and Iulius the second lately deceased, were wont to doe: they framed Ordinances and Decrees to their carrier, then they sent them to Trent, with an expresse injunction that nothing should be determined, but what they com­manded. Which I know to be very true, because in the time of Pope Paul my selfe 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 knowes that all the definitions which were first made at Rome by the Popes com­mandement were sent afterwards to the Legat, that he might looke well to this, that the divines observed the same order and platforme in their disputes, as was prescribed to them. Whence it came to passe, that they commonly say nowadayes, The Holy Ghost came to Trent packt up in a Clokebag.

[Page 49]6 A learned man of those times among the Protestants,The Councell depended who­ly 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 behalfe of the King of Spain at that Councell.Apol [...]ia Fontidonii. I shall content my self with two passages which that Apologist la­bours to refute in his rejoynder. As for that (saith he) which you urge and ac­count for a fault, that the Pope doth not submit himselfe to the Councell, but ra­ther the Fathers of the Councell 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 doe not confirme by any arguments, as that the Fathers of the Councell doe wholy conforme themselves to that which is prescribed in a certaine schedule containing the declaration of his pleasure. There are many other wri­tings besides, wherein may be read the same complaint.

7 Howbeit the Doctor doe peremptorily deny that it was so, and sayes that the Pope and the Councell did accord very well, yet for all his answer it is not amisse to tell him what Onuphrius saith in the life of Paul the third,Onuphrius in vita Paull 3. for it serves very well to our purpose. Being thus highly offended with the Emperour (saith he) without any dissembling of it, he beganne to thinke of suspending the Councell (which he had formerly commanded to bee kept at Trent, in courtesie to the Em­perour) and of removing it to Bononia, which he was the more willing to doe, be­cause hee had understood how his dignity [...] was taxed and disparaged by the ma­lice of some su [...]orned Prelates, in certaine sanctions decreed upon in an odious dis­putation. See what the Popes use to doe when the Councels do [...] not please their palat, and doe what they would have them: so Pope Eugenius dealt with the Councell of Basil, AEn [...]as Sylviu [...] i [...] comment [...]cil. Basil [...] and Pope Iulius the second with that of Pisa. This trans­ferring of the Councell was put in execution, howbeit it was contradi [...]ted by divers Bishops, as appeares by the eighth Session.

8 We will conclude, we need not seeke a more authentique proofe hereof [...]han the determinations of the Councell it selfe, which were all entirely sub­mitted to the Popes authority, and which for the most part tend to no other end but the support of his greatnesse. So Pius the fourth in a publique oration of his delivered in the Consistory after the conclusion of t [...]e Councell, thankes them heartily for having such a tender regard to his authority, when they went a­bout an Ecclesiasticall reformation; in so much that if hee had undertaken to re­forme himselfe he should have gone more severely to worke; as appeares by that Oration printed with the French translation of the Councell 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 doe else, which were not their owne 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 speake the truth in what concerned him? So said AEneas Sylvius in an Epistle to the Chapter of Mayence: Even to speake truth against the Pope is to breake the oath of a Bi­shop. And indeed marke 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 tyed by the ancient forme,Cap. Ego de jurejurando. Extra. To defend the Popedome of the Church of Rome against all sorts of men. Besides it was very equitable that they should doe 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 bee duely observed) was no small matter, to defray such a number of men for so many yeares.Onuphrius in vita Pii 4. Pope Pius (saith Onuphius) spent a great summe of money in the celebra­tion of this Councel, considering that he gave liberall allowances for diet and main­tenance of the poore Bishops and Priests, and to all the Officers of the Councell: a thing which was anciently done by the Emperour.

[Page 50] [...] bea [...]e [...]h [...] [...]ha [...]g [...]s of [...] Coun [...]ll.9 AS for this last, we reade indeed that Constantine the Emperour feasted all the Bishops of the Councell 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 Emperour sent the chiefe of his Court to Ierusalem to minister such things as the Bishops there assem­bled, with their associates, and all other necessitous people stood in need of. And thus must wee understand that which Sozomen speakes of the expences of the Commonwealth upon the Bishops which were summoned to Synods; for this must be referred to the Emperours. Constantius commanded that the Bi­shops at the Councell of Ariminum should have their lodging and diet allow­ed; but our Frenchmen were so scrupulous that they would not accept of it; chusing rather to live sparingly upon their owne pittances, than to feast it at the publique charges.

10 It was good reason this charge should be transferred from the Emperours to the Popes; since they pretend now adayes that the right of calling Coun­cels, and presiding in them belongs to them, which was formerly the Emperors: nay more, since they have now ingrossed all the Imperiall power and dignity into their hands, that so he that enjoyes the honour, should also beare the char­g [...]s. Yet these are they that underwent this charge, that they might thereby confirme their claime of presidency and convocation which was questioned, and to winne a more favourable verdict from those Fathers. If a Iudge may be refused by course of Law, because he hath eaten or drunken with one of the parties, much more may they bee that make themselves domestiques and pen­sioners, as those Bishops did, whose judgement is therefore lawfully rejected at this present.

11 Pius the fourth did them yet another courtesie, for by his Bull of the first of April 1561. hee exempted them from all paying of tenthes during the time of their abode at the Councell: and it is furthermore probable that hee 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 Generall.

1 LEt us here observe that the number of Bishops in this Coun­cell was so small,This Councell compared with others for num­ber of Bishops. that it doth no way deserve the style of Generall and Oecumenicall. In the first Session there were foure Archbishops, twenty three Bishops, the King of the Romanes Ambassadour, the Captaine 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 Cardinall 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 allYet I have seene a Cata­logue printed 1546. where when the 6. Session was se [...] are r [...]ckoned but 3. Ca [...]di­nals, 3. Archbi [...]sh [...]ps, 1. Am­bassadour, the Secretary, [...]nd Proctor of the Councell, 4. [...]enerals, and 2. Spanish Do­ctors: in all 38. AEneas Sylv. liv. 1. Comment. Concil Bas. Bellarm. de con [...]cil. author. l. [...]. cap. 19.. In the se­venth three Bishops more. In the eight, fourty 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 eighteene 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 foure hundred Bishops, and others? The first at Constantinople was the thinnest, where there were onely 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 wee may serve our turne with that which Bellarmine sayes; who would make us beleeve that the former Sessions of the Councell of Constance are null and invalid, because that certaine schismaticall Bishops fell off there and were defaulty, because they sided with the factions of the two schismaticall Popes, these (as hee 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 Romanes in person, and sundry Princes and Ambassadors. Now by the same reason wee 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 Councel. And indeed if we throughly reade the acts of this Councel, we shall find that the greatest part of the Bishops & Ecclesiasticks 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 wee finde but two Frenchmen, and in some none at all. Insomuch as one of the Presidents of that Councell in a discourse of his in the last of those Sessions, said, That many Prelates are not yet come, who wee know very well are upon their journey, (saith he) and especially the devout and noble French Nation. They were not onely not come, but which is more, they came not at all, as appeares by the ca­talogue annexed after that same Session. And after the death of Paul the third, the Councell was forthwith broken up, from the fourteenth of September 1547. till the first of May 1551. that it was set on foot againe and continued by virtue of the Bull of Iulius the third, under whom were holden six Sessions, and not a Frenchman assistant in any one of them, as appeares by the same [Page 52] Acts. Thus it was at the time that Henry the second protested against the Councell,Henry 2. [...]ro­ [...]ests [...]g [...]inst the Cou [...]c [...]ll. and prohibited the Ecclesiastiques of his Realme to goe thither, as shall be said hereafter.

Extat in libello de statu Ecclesiae G [...]lli [...]anae in schisma [...]e.3 That Protestation may be seene in print, bearing date in August 1551. out of which we have borrowed these words: He protested (as he may doe by law) that being busied in great warres, hee is not bound of necessity to send the Bishops of his Kingdome to the Councell of Trent; inasmuch as they could not have free and safe accesse thither; and because the Councell it selfe, from which he was ex­cluded against his will, is such as was never reputed for a generall one of the whole Church; but rather accounted a privy Councell, 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 publique in it. Nor was there only a want of French Bishops and Ambassadours there, but be­sides in all the Sessions holden under those two Popes, there was but a very small number of Clergy men, so that it cannot bee said that it was a generall Councell.

4 As for the other Sessions under Pius the fifth, from the 18 of Ianuary 1562, till the end of the Councell, the Bishops and other Ecclesiastiques of France were there indeed, howbeit no great store; as also the Ambassadours of Charles the ninth. But marke 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 adde moreover, that the same plea of enmity which was al­ledged for Protestants, holds good also for our Kings of France; inasmuch as Pope Iulius the third tooke part with the Emperour against King Francis; and Iulius the third with heart and good will made open warre upon Henry the second, declaring him to be his enemy; whereof he complaines in the fore­mentioned act of Protestation: as also that he sought peace and quietnesse by the Lord Tervie [...] his Ambassadour, and all other meanes 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 Emperour and th [...] French king that being built upon a weake and fraile foundation, they can­not hold out against a tempest, bu [...] must of necessity fall to the ground. Authorities for proofe of this have beene 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 adde the complaints that have been made of the inujust proceedings of that Councell. The Emperour Ferdinand in his letters written to Pope Pius the fourth, May the third 1563, faith, Wee have with great griefe of heart been given to understand, that in this holy Coun­cell things are not carried in that order and fashion as wee and all devout people could wish, and which the miserable state of the Christian common-wealth, and our distressed religion might justly require, which growes lesse and lesse every day; it being to be feared, that if convenient remedies bee not presently applyed, the issue of the Councell will bee such as will minister scandall and offence to all Christendome, and occasion of laughter to such as have cast off their obedience to your Holynesse, and the holy Apostolique See, and of maintaining with greater obstinacy than ever those severall opinions repugnant to our faith, which they have already embraced. And a little after; Alas, what a pitifull thing it is, that the Fathers and Doctours in the Councell should begin to abandon themselves to quarrels and contentions, to our great losse and discredit, and to the scorne and de­rision of our adversaries?

2 Arnalt Ferriers, President in the Court of Parliament of Paris, in that o­ration which he made in the Councell, September the 22, 1563, assisted by the Lord of Pibrac, complaines thus; ‘That the Councell did not set about the reforming of the Church as they ought to doe: 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 easie to collect by enumeration. If any will reply, that there have beene certaine 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 Chuch, have been beleaguerd; whereupon accor­ding to the command which they had received from their Prince, they were constrained to oppose themselves as they did.’

3 I have seene the letters of King Charles, dated August the 28. 1562, writ­ten to his Ambassadours the Lords of Ferriers aud Pi [...]rac; wherein hee com­mandeth them to retire from the Councell, and to cause the Bishops of France to retire also. In another oration of his spoken about the end of the same Sep­tember, [Page 54] complaining of the wrong done to the French King touching prece­dency;The French Ambassadours lef [...] the Coun­ [...]ll. hee 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 Ecclesiastiques of France, to retire themselves and depart from the Councell. They were so hot then, that the Councell was upon the point of inditing them; yea, they had entred the action when they went to Venice, from whence they writ a letter to the Lord Cardinall of Lorrain, that stayed at Trent, dated the 24 of October 1563, wherein they complaine 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, Heretique; which they stranged very much at, seeing they had done nothing in that matter but by specia [...]l command from the King. And in the letter which they writ to King Charles from Venice the 25 of Novem­ber 1563, they certifie him of their departure from the Councell according to his command; telling him particularly the great motives they had of so doing.

4 The nullity of their proceedings shall more plainly appeare by such rea­sons as we shall urge in the following Books; where wee shall shew how this Councell hath not had so much regard to the justice of the maine demands put up by Catholique 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 Councell, their right remaines entire.

In vvhat [...]se a [...]udge may bee refused.1 BUt before we passe to the handling of such points as concern the ground of the matter, it is fitting we proceed to shew, that there is nothing that stops our entrance, or can hinder our passage; that there are no pertinent or approveable reasons for the rejection of our plea. Amongst such as have reason to complaine, 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 Councell assembled againe, or wee must doe them right some other way?Gl [...]ss. in C [...]n. [...]l [...]. caus. 3. q. 5. in verb. canoni [...]. The glossator of the Canon law decides the first point, when hee saith, That he which hath been lawfully obstinate; that is, against whom the formalities required in case of obstinacy, have beene observed, before a judge which is suspected and refuseable, is not bound to send a proctour there to plead the causes of his suspition; nay, it is not necessary to protest: but even eo ips [...], inasmuch as hee hath occasion to make refusall, all the processe is avoidable. The reason whereof, in my opinion, is, because the judge that knowes himself to be suspected, should have the modesty to refuse himselfe, and not stay till it bee said unto him, Forbear. So the old Tacitus [...]ive Quintilian. in dialogo de causis corrup. eloq. Romans used to doe; and it is the practice in France, which hath been prescribed to us by our L'ordinance d [...] [...]lo [...]. ordinances: recu­sations have ever beene admitted with ease; and oftentimes it hath been suf­ficient [Page 55] to Vtebantur hac formul [...] EIVRO NIQVVS EST. Asconius in Verrinam 2 [...] sweare, that the party refused was an injust Iudge,The King of Englands Pro­testation. without ren­dring 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 himselfe, and he also presecuting the condemnation of his enemies, those whom hee had pursued with fire and sword, and condemned already by his Buls. Which seeing he did not doe, 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 yeere, 1537, after they had proposed by the Vicechancelour of the Emperour Charles the fifth, Matthias Held, a [...] declared the reasons that withheld them from repairing to the Councell, they published a writing to that effect, the contents whereof were,Sleidan. com­ment. lib. 11 [...] that a Councell where the Pope and his adherents have the commanding power, ought not to be holden legitimate: That the power of judging belongs not onely 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 excesse which is called in question, but his lawes and doctrine, and he is accused of heresie and idolatry: That he hath already condemned those whom he intends to judge in the Councell: That the Convocation of it is not such as was promised it should bee, namely in a place of freedome 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 Councell in Italy; nor that the Pope and his confederate should be presidents of it: That the Pope and his favourits should condemne 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 hee saith;Surius in hi [...] His [...]o [...]y; in the [...] 1537. ou [...] of the French tr [...]sl [...]tion by Iames Estou [...] ­neau. ‘The twenty fourth of February, all the confederates made answer at large; which answere I would here set downe, if it were to any purpose. They talked much of the Councell, 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 bee directly a­gainst the customes of antiquity. And this they said not without many bitter taunts of his Holynesse; 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 Councels.’ 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 downe: The summe of all that they said, is in their answere to the Councell 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 comprized. They might as well say, Huck­sters, Catchpols; Druggists, Apothecaries, and such like. As if it belonged to Lay men, to a Cook, or, a Cowheard, to intermeddle with the questions and decrees of the Church.’

4 Henry the eighth, King of England, although he was then a Catholique, made the like protestation; for heark what Surius saith of him.Surius ibid. About the same time the King of England set out a booke, wherein he shewed the little account he made of the Pope of Rome, and that he would neither come nor send his Ambas­sadors to the Councell which the Pope had called; and hee 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 [Page 56] of himselfe and the Lords of the Land: The King of Englands pro­test [...]t [...]on. wherein he complained that the Pope took upon him to call the Councell; a thing not in his power to doe: and that he called it then when there was open warre betwixt the Emperour and the French King. Sleidan. com­ment. lib. 11. Be­sides, the City of Mantua, where he appointed it should bee, is no sure place for all parts, nor yet convenient. For his part he desired a Christian Councell, but hee would not goe to the Popes, nor yet send his Ambassadours: for their common practice is in such assemblies to oppresse Christ and his truth for their owne advan­tage. Nor hath he any thing to doe with the Bishop of Rome, whose Edicts and commandements doe concerne him no more than any other Bishops. The custome was to call Councels by the authority of the Emperour and Kings, and it were fit­ting that custome were put [...]n ure againe, 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 fool-hardy as to reprove him and accuse him to his face, unlesse it were in a lawfull Councell. Nor he, nor his are secured by safe conduct; and say he were, there are such apparent dangers, as it is not fitting hee should come there: for it is no new thing with the Popes to breake promise, and to staine and imbrue themselves with the bloud of innocents. And however other men may safely go thither, yet for his part he cannot, and that for reasons wel known: for the Pope layes 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 hee hath ca [...]t off his tyranny, and withholden his Peter-pence, which mads him so; and the rather, because hee is afraid lest other Kings by his example may ere long do [...] the like. At this instant the Councell 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 goe roundly about the bu­si [...]esse, but is ever a playing trickes and treacheries. If he remove the Councell to another place, he must take a City that belongs to some of his feudatary Princes, or else one of his owne: for he hath a goodly patrimony, with many faire Cities, gotten by his predecessors either by force or knavery, and now kept by him by the bad title of coven and fraud. Now seeing that almost every man of judgement doth despaire of ever seeing a true Councell, hee thinkes it most fitting that every Magistrate reforme religion amongst his owne people. If the Pope plead custome, that will not serve the turne; for, as Saint Cyprian saith, Custome without truth is but an inveterate and grounded errour. Therefore this is his advice, and this he thinkes the best course; but if any know a better he will readily embrace it.

6 Now the King of England never deserted these protestations and declara­tions, much lesse the Protestants; nay they repeated them divers times after;Sleidan. l. 16. This answer was printed an. 1561. and amongst the rest at an assembly at Wormes holden 1545. and another a Naum­burg the yeere 1561, where an answer was given to the same effect to Pope Pius the fourth his Legats, who came thither to summon them to appeare at the Councell.

7 There were yet some other Protestations made against the Councell on the behalfe of our Kings: Henry the second protested against the Pope and the Councell in the yeere 1551, saying amongst other things,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 Catholique, but the commodity of some particulars: That it seemed the Pope would exclude him from it: That the beginning, progresse, and issue of his Holinesse designes did intimate as much: That being imployed in the warre which hee had raised up against him, he could not send the Bishops of his Kingdome thither, seeing they could not have safe and free accesse: and that neither he nor the people of France, nor the Prelats and Ministers of the Gallicane Church will be bound to it hereafter.

8 King Charles the ninth, upon notice that all things went amisse in the [Page 57] Councell, and that the demands of the Kings and Princes Catholique,There were di­verse Councels about the same thing. were not satisfied, that the reformation was not applyed to such things as stood in need of it, and were required to be reformed; yea more, that they intrenched upon the liberties of the Church of France [...] and the rights of the Kingdome, caused protestation to be made by his Ambassadours against the same Councell, as ap­peares by the Oration made by M. Arnald de Ferriers, the 22. of September 1563. where amongst other things, after he hath laid downe many grievances, he saith, that according to the command of the most Christian King they were con­strained Concilio intercedere, ut nunc intercedebant (to interpose in the Coun­cell, as they interposed.) Whereupon it is storied, that a certaine Prelate of the Councell not well understanding the propriety of the word intercedere, which the Tribunes were wont to use of old when they made their oppositions and hindrances, asked his neighbour, Pro qu [...] orat Rex Christianissimus? What doth the most Christian King intercede for?

9 But say the Pope and the rest that joyned in judgement with him were not to blame; say they were competent Iudges, & such as could not be refused; say the proceedings were lawfull; yet still it was a ju [...]g [...]ment and sentence passed upon men in their absence, so that the doore is open to all those that wil enter their plaint: they may justly demand to beginne anew, and that things be reduced to their first state. A repeal may be had against a sentence given in case of contumacy, onely paying the charges. But for them, I thinke the Pope that bo [...]e them will never aske them againe: and if hee should, it is a question whether his demand were good or no: for who bid him be at the charges? he was not bound to it: it is a liberality which he was willing to undergoe, to shew his magnificence: and in case he might redemand them, hee must com­mence his action either against those whom he defrayed, or against the Empe­rour, who was anciently used to pay them, and not against those who do now desire to justifie themselves; seeing that according to the Decrees of Constanc [...] and Basil Generall Councels should be holden every ten yeeres.

10 Let us proceed further, and see if they could have any good grounds to demand, that a second judgement might be had, supposing they had appeared at the Councell, and had audience there. For this may be questioned in regard of the King of France, who complaines now how hee was wronged in his rights, and yet he had his Ambassadours resident at the Councell, We say hee is nere the worse for all that, considering that divers protestations were made against the Councell on both sides. This we shall prove by some examples.

11 We reade how the Donatists were many times condemned, and that by many;Augustin. in in breviculo Collat. cum Do­natistis. Et Optatus Me­li [...]it lib. de schismat. D [...] ­natist. Et Collatio. Carthagini habit [...]. Idem August. in Collat. 3. dict, cap. 12. Idem ib. c. 19. Idem ib. c. 2. how the Emperour Constantine the Great, yea the whole Church, and the great Doctors of those times, bore with them in their reciduations, with­out ever troubling them with writs of rejection of their cause, and other such shackles of law-formes. They were first sentenced by Pope Miltiades and his Councell at Rome; from which they appealing, their cause was afterward ex­amined at the Councell of Arles: the Emperour Constantine the Great tooke the paines to heare them himselfe: and yet after all this, under the Emperour Honorius, and by his command there was a generall conference of all the Bi­shops Catholiques and Donatists at Carthage in Africa. Where it is to bee observed, that the Catholiques desired that Conference: so saith St. Austin, who was one of the disputants, The Emperours commission being read, it was declared how the Catholiques had demanded the conference, and that it was gran­ted unto them.

12 It is well knowne how many Councels were called and kept to con­vince the Arrians: the first that was holden against them might have sufficed, namely, that of Nice, considering the [...]ame and worth of it; and yet there was another Generall Councel holden at Sardis, where the Emperours suffered them [Page 58] 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 Councell, in a letter of theirs to Pope Iulius. And after that there were yet two others called both at one time, one at Ariminum of the Westerne Bishops,Hilarius in fragmento ex opere historico. the other at Seleucia of the Easterne: where, howbeit the Catholique Bishops were more in number than the Arrians, yet they suffe­red themselves to be supplanted,Sulpi [...]us Severus in historia sacra. chiefly in that of Ariminum, by the subtilty of the other, who were backed with the favour of the Emperour Constantius.

1 [...] But it is expedient we here set down the very words of a Sulpitius Seve­rtus, 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 cōmunionem qui Ar [...]minensem Synodum re [...] ­pissent, optimū 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 hee, speaking of the Councell of Ariminum) that they were all met, they divided themselves in­to two companies, ours tooke the Church, the Arrians another place, who were in all but foure score; the rest, who were three hundred and twenty, were all of our side. After many disputes, and a delegation to the Emperour, this was the is­sue; Many of our men, partly by reason of faint heartednesse, partly of distem­per which their long journey had cast them into, yeelded themselves to the adver­saries; who after the returne of the delegates, were now growne 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 troups o [...] the other side. If we would here stand upon terms of non-admittance, our case were desperate. What would bee said against this Councell? It is true, Con­stantius the Emperour was inclined to Arrianis [...], yet for all that he allowed them to dispute with all freedome; there were a great many more Catho­liques there, than other; hee used no kind of violence against our men, but onely commanded his Lievetenant not to suffer any body, either one side or other, to depart the Councell, till such time as they were agreed; yet so as hee should meat and maintaine 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 Catholiques were almost quite out of hopes. But marke here one thing observable, such as, if others will not make use of, our French ought to take notice of, because it is a domestique example. The Catholiques that remained, being but a very few, were so scrupulous that they would have no communion with such as had received the Councell of Ariminum; Hilary on the other side thought it best to converse with them, and to call them to such Councels as were frequently holden in France upon such oc [...]sions: and hee wrought so, that correcting them, and advising them to repentance, they almost all acknowledged their errour, and in fine, the Councell of Ariminum was condemned, and true faith replanted in its former state. See here how those that goe astray should bee dealt with; see what use there is of the frequency of Councels. That which cannot be done in one, may be done in another. A Councell 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 Councell, as not to be willing to come to another:Vide Epist. Concil. Aqui­leiensis ad Imp. Gratian Va­lentin. & Theodos. & [...]ta [...]jusd. Concil. for notwithstanding all that passed concerning the Arrians, the Councell of Aquil [...]i [...] under Theodosius the elder, did not sticke 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 appeare by the event; considering that Palladius and Secundianus, those two enemies of God, defenders of the Arrian sect, who only durst come to the Coun­cell, 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 Councell, that St. Ambrose disputed with them.

Vide Concil. Constant. 1. [...]om. Conc.14 The General Councel of Constantinople holden about the same, time pro­ceeded likewise to the condemnation of Arrianis [...], and that upon the advice, [Page 59] which the Councell of Aquileia gave to the Emperours,Councels have been repeated about the same thing. Gratian, Valentinian and Theodosius, who sent the letter to Constantinople.

15 The third Generall Councell at Ephesus under Theodosius the younger, had condemned the doctrine of Nestorius;Can. dist. 15. and yet for all that the fourth Ge­nerall of Chalcedon did not sticke to take it under hand againe, as Isidore saith, whose words are inserted in Gratians Canons, to make one of the Popes Lawes.

16 The Felician heresie was condemned in a Councell 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 Coun­cell at Rome: and lastly it was condemned at Francfort, at a Councell called by the same Emperour, whereof Rhegno makes mention. In this Synod (saith he) the Felician heresie was condemned the third time. Rhegno. sub ann. 794. In hac Synodo tertio condem­natia est bare­sis Feliciana.

17 There are many moe examples of this kinde that have beene observed by such as writ before us: we will adde but one more very proper for this dis­course. The second Councell of Ephesus had beene lawfully called and law­fully begunne; Pope Leo had consented to it, yea and sent his Legats thither also: yet for all this the proces of it was illegitimate, there were some quarrels, practices and plottings of murthers after al that; the Popes Legats retired them­selves and protested against it, yet neverthelesse it held on. But what was the issue? Leo rejected and detested it, who had formerly approved it; hee beg­ged another of the Emperours, and obtained it, which was at last assembled at Chalcedon. But to give a better lustre to this example, wee 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 Emperour to cause a Coun­cell of Bishops to be assembled, to the end that by more sound judgement all errours may be abolished, we have sent our brethren Iulian a Bishop, and Re­nald a Priest, with our sonne Hilary a Deacon, and Dulcitius the Notary, of whose fidelity wee have experience, to the end that they may assist in our stead in your holy Assembly, to ordaine by commune consent with you, such things as shall be well-pleasing to God.’ Hee saith as much in Idem Leo epist. ad Flavian. Constan. 15. Ad Theod. August 16. Ad Pulcheriam 17. A Iulianum Episc. 18. other places, and namely in an Epistle of his written to Bishop Iulian, he saith he hath given sufficient instructions to his Legates. Now let us see the other side. In an Leo epist. 21. ad Constant. E­pistle of his to them of Constantinople hee saith, ‘Having understood what hath passed at Ephesus, contrary to the judgement of all men, we confesse our heart was much grieved, and wee should never have thought that injury had got the head so farre, had not our sonne Hilary the Deacon, who was sent thither with others to supply our place in the Councel, returned from thence by flight, to scape the having a hand in an unjust sentence. For when our Le­gats opposed, the Bishop of Alexandria, having usurped all power into his owne hands, refused to give eare; he drew the Clergy to his side against their wils, and made them subscribe by force, howbeit there was no reason at all to proceed to any condemnation.’ And in his Epistle to the Emperour Theodosius. ‘Whiles particular interests are prosecuted under pretence of religion,Idem epist. 2 [...]. ad Theodo. August. V. etiam epist. 26. ad Faustu [...] et 30. ad Mar­ri. et Faust. a fact hath beene committed by the impiety of some, whereby the whole Catho­lique Church is blemished. For we are given to understand, not upon uncer­tainties, but by the credible relation of Hilary the Deacon, (who fled away from thence, lest he should be compell'd to subscribe) how that many Eccle­siastiques arrived at the Councell, who would have beene very serviceable both for deliberation and judgement, if hee that assumed unto him the first place would have contained himselfe within the bounds of Ecclesiasticall modesty; and beene content (as the manner is) with a faire and equitable exa­mination, with all liberty of speaking what is agreeable to faith, and profita­ble for those that are in an errour. But on the contrary, we are informed that [Page 60] all those that came to the Councell did not give voices the judgement;Pope Leo's protestation holds good a­gainst T [...]en [...]. and that some were put backe, and other some admitted, namely, such as had ren­dred their hands captive for the subsigning of those impious subscriptions; knowing that it would goe ill with them, unlesse they did what they were enjoyned.’ And after that; ‘Which our Legats perceiving, they boldly pro­tested, as they ought to doe, &c.’ And yet after. ‘Wherefore (Reverend Emperour) we intreat you to command that all things abide in the same state they were before this judgement passed, till such time as a greater number of Ecclesiastiques be assembled from all parts of the world.’ There is nothing in this but may be said at this day against the Councell of Trent, as we have for­merly proved; and to make it the more evident, wee will adde the protestati­ons that have beene, made against it at divers times, and by divers men, that we may from thence conclude, That neither absence nor presence could be any prejudice to those that now finde fault with this Councell.

A REVIEW OF THE COVNCELL OF TRENT. BOOKE II.

CHAP. I Of the denyall of justice made by the Councell to such demands as were there proposed by Catholique Princes.

1 HAving treated of such nullities as concerne the forme and proceedings of the Councell,Nullities in the matter of the Councell. wee now come to those which concerne the matter: and these we make of two sorts; for they consist either in the denyall of justice, or in the making of injust Decrees. For the first, wee may truly say, this Councell made no conscience of satisfying the requests and demands of Christian Princes. I will not speake of those the Protestants made, and others that have drawne backe from their obedience to the Pope [...] but onely of such as were made by Catholiques, the Emperour, the King of France, the Duke of Bavaria, the whole German Nation, represented in an Assembly of the States, and others, upon the point of reformation. Some of those demands, though but very few, were taken in­to consideration, and judged by the Councell: so that by consequence, though the judgement were injust, we cannot ground a plea of denyall of justice up­on them: however not to divide them from the rest, wee shall here set them downe, after we have done with those that concerne the Pope and the Court of Rome [...] not medling with others, nor with the points of Religion now in con­troversie, which belong properly to Divinity.

2 The Emperour Ferdinand by his Ambassours (as a Catholique historian [Page 62] 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 Dioces 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 Ecclesiasticall constitutions to the rules of Gods law; prohibitions against proceeding to excommunication, un­lesse it be in case of mortall sin, or publique scandall; a purging of Masse-books and Breviaries, and expunction of that which is not taken out of the Scripture; a joyning of certaine prayers & orisons in the vulgar tongue, together with the la­tine hymnes: communion under both kinds: a mitigation of that extreame ri­gour of fasting, and licence for eating flesh: a permission for the marriage of Priests: a rasing out of divers glosses upon the Gospels, and a making of some new oaths by the most lea [...]ned men, which all Curats should bee bound upon great penalties to receive.

3 The King of France his Amba [...]sadours, had some such like Articles in their instructions: as concerning the reformation of the Court of Rome, excommu­nications, the restoring of the cup, marriage of Priests, prayers in a knowne tongue: and for this last their instructions were expresse, to demand that Psalmes might be sung, the Sacraments administred, and a Catechisme made in the vulgar tongue: And besides, to assist all such as should require a just refor­mation in all other matters. The originals of these instructions which I have seene, were signed by the late King Charles, the Queen mother, Monsieur the Duke of Anjo [...], the King of Navarre, the Prince of Rochesuryon, the Con­stable, the Duke of Guise, the Marshal Memorancy, the Chancelour of the Palace, and some others.Natali [...] Cames lib. 14. hist. sui [...]mporis. Hereupon the King of France his oratour said when they proposed these demands, that they did wonderfully agree with those of the Emperour, and for that reason they had deferred the proposall of them; supposing that if the other were assented unto, they should also be satisfied: But percei­ving the lingrings and delayes that were used in that behalfe, and withall pressed by the letters of the King their master, they were constrained to make a motion of them. They required further, that all mandates of provision of benefices, all reversions, reassumptions, resignations, holding of livings in trust, and commen­dams might be quite taken away, as contrary to the decrees; and that resignations in favour might be banished the Court of Rome, as forbidden by the sacred Ca­nons; that a course might bee taken for instructing the people what they ought to bel [...]eve concerning the worship of Images, and to cleare it from all superstitions and errours, if any were crept into it: and the like essay to be made about indul­gences, pilgrimages, reliques of Saints, and fraternities: that not only the anci­ent forme of publique penance might bee restored in the Church for heinous and publique offenders, but also publique fasts for the appeasing of Gods wrath: that generall Councels might be holden every ten yeares: that for abridging of suits about benefices, that distinction of petitory and possessory might be taken away: or rather for the utter extinguishing of such suits, that Bishops might be enjoyned to bestow them not upon such as seeke after them, but those that are worthy of them and avoid them; and for certaine proofe of their merits to make them preach sometimes, and those such as have taken some degree in the Vniversities [...] upon whom onely 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 Catholique Princes and all the States of Germany, assembl [...]d in an imperiall Diet at Noremberg 1522, put up certaine articles in some points a­greeing with these, but in number farre more: Which they imparted to Mr. Francis Cheregat, Pope Adrian the 6 his Legat, upon the declaration which he made unto them in the behalfe of Adrian; that for appeasing differences [Page 63] in religion, and reforming of abuses, a free Councell 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 Councell. Amongst other things they complained against the forbid­ding of meats, and marriages at certaine times: of those mercenary dispensati­ons, whereby all that great rigour was remitted for a little money: against the abuse of indulgences, by which meanes Germany had been polled and impo­v [...]rished, sinnes remitted as well future as by past, soules delivered out of pur­g [...]tory; remedies applyed to all diseases by promising the assistance of some particular Saint: against the weakening of ordinary jurisdiction by drawing all to Rome, and that at the suit of Lay men; nay the utter extirpation of it by the Popes granting of Conservators, or sending of Commissaries: Against the exemptions and immunities granted to certaine monasteries by the Popes; the entrenching upon the right of advowson; the usurping of the benefices of such [...] dyed in the Court of 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 Popes houshold, or of his Court: the many suits that are commenced in the Court of Rome about bene­fices, even against those that have quietly enjoyed them for many yeers, who by reason of their age, and indisposition of body, are enforced to condescend to some injust conditions, to allow pensions, reversions, and such like char­ges: Against the cautions that are put in at Rome for all kinde of benefices, the collation whereof doth of right belong to the Ordinaries: Against reser­vations for the future, conferring of benefices upon strangers at Rome, and ig­norant persons; as also the bestowing of Abbacies, Priorships and other Ec­clesiasticall dignities to bee holden in commendam; against the impunity of Clergy men, by reason of their priviledges: Excommunications for petty matters, and that even for the fault of neighbours, which they cannot avoid: Against the interdicting of a whole towne or townes upon the murther of a Clerk: Against the excessive number of Holy dayes: Against the abuses and attempts of the Clergy in poynt of jurisdiction almost in all causes and occa­sions, to the prejudice of the Laity: As also the abuse in excommunicating Lay Iudges, whereby they compell parties to compound, because they cannot have justice: Against the abuses committed by the Popes Legats, and the County Palatines of his institution.] And other things of this nature, which it were too long to set downe.

5 The Oratour of Albert Duke of Bavaria according to his masters com­mand,August. P [...]un­gartus, cujus oratio excus [...] est Pari [...]iis an­no 1563. apud Iohannem D' Allier. was very earnest for the marriage of Priests, and the r [...]storing of the cup: and for the former, hee first tels the occasions, before he [...]kes his de­mand. ‘In the last generall visitation (saith he) overall Bav [...]ria, whoredome was found so frequent, that scarce three or foure of an hundred but were ei­ther common whoremongers, or privatly m [...]rried, or else p [...]quely.’ And hee afterward [...] addes; ‘Men of judgement and dis [...]r [...]tion, who have mo [...]e nee [...]ly and [...]xactly 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 meanes, [...]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, heark 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 expresse for communion under both kinds: but for one kind only not a word. Whereto we m [...]y adde, that the use of both kinds is fre­quent [Page 64] and evident not only in the Primitive Church,The Duk [...] [...]f [...]avaria's de­ma [...]ds. but in all the Easterne Churches at this day; yea the Church of Rome it selfe was not exempted an­ciently from this custome, as may be easily proved by divers testimonies of History.’ Lastly, after many discourses upon this subject he concludes;

6 That the most experienced and wisest Catholiques thinke that the people who are puffed up with a desire of innovation cannot be kept in obedience to the See A­postolique, nor diverted from a separation to which they are inclining, unlesse ho­ly orders aud licence of preaching be conferred upon chast married men, to take a­way the liquorish custome of keeping Concubins; and also the use of both kinds be allowed to appease the minds of the incensed multitude. He goes yet further, and shewes that there is somewhat to bee reformed in matter of opinion and do­ctrine: which notwithstanding he will not meddle with, till such time as this entrance upon a reformation be brought to some issue; considering the jealou­sie he hath, least that designe might breed some trouble. ‘But when this is done (saith he) it will be then full time, when all things shall bee at quiet a­mongst us, to enter upon a more solid consideration of doctrines and opinions. Now what manner of consideration that must be, if it be for the good of the Catholique religion; my most Illustrious Prince is not peradventure the only man that knows; but is plainly perceived by the common voice, and that not to bee slighted of devout Catholiques concerning this point. And if so bee that his Holynesse opinion bee demanded herein, hee could without much entreaty informe what hath beene any way treated of concerning this matter.’

7 Many more requests and demands were put up aswell by the Ambassadors of the forementioned Princes, as others; which wee cannot at this present se [...] downe, because wee have not the Acts by us. And it is farre from our inten­tion to speak any thing without proofe. We may here adde the consultation which was made when the Councell was talked of at the commandement of Pope Paul the third 1538,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 Ecclesiastiques, in num­ber nine, deputed for that purpose, to advise him what was best to be done a­bout the reformation of the Church. In which Act they say expresly, That all the discords, abuses, and diseases now reigning in the Church, which hath brought it almost past hope of recovery, proceed from the Pope and Court of Rome; and that conceit which their flatterers have buzzed into them, that they may do what they will, that they are the Lords of all benefices, that it is impossible for them to commit Simony, considering that the proprietary may lawfully sell what belongs unto him. And on the other side they set down this maxime, That it is not law­full for the Pope to take any thing for the use of the power of the Keyes, which Christ hath committed unto him; seeing Christ hath commanded, Freely ye have received, freely give. They set downe 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 Ecclesiasticall dignities, by dispen­sations, indulgences, exemptions, reversions, commendams, &c. 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 paine of excommunication, as they themselves testifie in the same Act.

CHAP. II. Generall complaints touching the reformation of the Head.

AFter the proposall of these demands,R [...]formation of the Head de­sired, but not obtained. I will now shew you two things; First, that the Councell never touched upon most of them, and therefore there was a plaine denyall of justice: Next, that they are no new demands, being they were made and repeated divers times, in divers ages, and by divers men; to which we shall adde the severall complaints that have hereupon beene 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 speake a word of that; as I protest also that I will not use reasons of divinity to justifie them, nor authority of Fathers, but very seldome.

2 The first and principall, and that upon which many others depend (which we shall onely handle, not medling with the rest) is the reformation of the Head, that is the Pope of Rome, which was required by the Emperour Sigis­mond, and that in termes very respective; heare his owne words. First, that the supreme Bishop would be intreated to condescend that there might bee some re­formation in himselfe and the Court of Rome. Conformable whereunto was the King of France his demand, for hee required in expresse termes that the a­buses of the Court of Rome might be reformed, with proffer of reforming those of his owne kingdome; besides, his Ambassadours had an expresse 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 reformed, were the cause of all the schisme [...] and divisions in those times; for thence grew the first originall of complaining; that was it that caused this Councell to be so desired and sought after.

3 Yet for all that the Fathers of that Councell would never touch upon it so much as with the tip of their finger. This is plaine 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 Councell. Wee heartily thanke the Fathers (saith he) that in matters concerning the correction of Eccle­siasticall discipline, and reformation of manners, they had so much respect unto our authority, and were so moderate on our behalfe, that if wee our selves would have beene our own reformers in what concernes us, and not have left all to the Fathers we should have beene more severe against our selves. Adding afterwards: If the [...] Fathers for reasons best knowne to them, have omitted any thing, or beene too ti­morous, we are ready to releeve their modesty, and supply the rest, as being left to our judgement. See here faire promises, but we yet expect the performance of them. We will here adde by way of commentary, that which Claudius Espen­seus a Sorb [...]n Doctour,Claudius Es­pensaeus in ep [...] ad Titum c. 1. digres. 2. p 74. & 75. and a witnesse above all exception hath written here­upon.

4 Wherefore (saith he) that Councell so much desired by all men, interrupted for tenne whole y [...]eres, at last obtained of Pius the fourth, resumed again at Trent, [Page 66] and there assembled the third time, The Auth [...]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 inferiours, touching the reformation of manners and Ecclesiasticall discipline, it protested that the authority of the See Apostolique stood safe and sound; in the 21. Canon of the ninth and last Session. In so much that the same Pius no lesse pious than sensible hereof, did heartily thanke the Trent Fathers, in an Oration which he delivered publikely at Rome in his Consistory of Cardinals, who were there assembled in great numbers, that they had such a specia [...]l regard of his authority, in the Ecclesiasticall reformation, and had used him so gently, that if he should have undertaken to reforme both himselfe and th [...]se about him, he should have beene more severe. What remaines, then but that he refuse not the authority of a reforming Councell? and that he supply what the Fathers for certaine reasons did o [...]it? and that wherein they were over timorous, it being left to his discretion, as he promised to doe 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 successour Pius s [...]e his Sanctu­ary, and beginne at his owne 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 gaine and filthy avarice of some of his predecessors; who sought that which was their own and not that which was Christs: how many men are gone away from it within these few yeeres, in so much that it is to be feared there will more goe yet, if hee doe 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 principall cause of these so long stirres, is, because for so many yeeres 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 yeeres together that City wherein they have both meere and mixt power and jurisdiction to bee the most deformed of all. For what excuse can they alledge, or what can they invent either true or likely, they to whom neither King nor Emperour, people nor Clergy, not a Generall Councell, no nor the whole Church must say so much as, Why doe you so? What pretence, I say, can they have for delaying so long to reforme them and theirs? For where shall wee finde under the Sunne greater licentiousnesse in all evill, greater outcries, greater impunity, I had almost said infamy and impudence? Without doubt such and so great it is, that none will beleeve it but he that hath seene it; none will deny it, but they that have not seene it.

5 See you here what this excellent Devine speakes 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 begunne first to be made.Idem Espens [...] ­ [...] ibid pag. 76. If wee beleeve the same author, this complaint is pretty ancient, and it is a long time since this re­formation hath beene called for: for see you what hee speakes of it in the se­quele of the fore-cited passage: I will omit the complaint which hath ever beene 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 onely with intent to see them corrected and amended. As also I declare that I meane not to enquire into the personall vices of the Popes, for that would rather tend to calumny and injury, than the end which I purpose, but onely the abuses of the Pope­dome, the maladies of the See, the usurpations and over-bold attempts which have beene derived to their successors; briefly, no more but such vices as are be­come hereditary. Which to compasse wee will beginne with the generall complaints that have beene made in divers ages, and thence descend to parti­culars, as from the bole to the branches; speaking alwayes by another mans [Page 67] mouth, unlesse it be when the connexion of places shal enforce us to contribute something of our owne.The reigning false of the Popedo [...]e.

7 The Acts of the Councell of Rhemes holden under Hugh Capet the yeere 990. have these words:Acta Synodi Rhemensis. Poore Rome, what cleere lights of fathers hast thou brought forth in the time of our predecessours? what horrible darknesse 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 yeere 1100. hath left us two pretty nipping verses against the Popes:

Rome, to be masterlesse were well for thee,
Or some to have not void of honesty,

Saint Bernard, who lived under the Emperour Conrade, and Pope Euge [...]ius the fourth, cryes out bitterly against the vices that were even then annexed to the Papacy: as against ambition, dominion, pompe and vanity, avarice, jurisdi­ction over temporall goods, against the abuses of dispensations, indulgences, appeals, exemptions, and such like wares; wee will bring the places hereafter, and dispose every one in due order. That holy man is to bee commen [...]ed for speaking so home of those abuses, and that even while hee wrote to a Pope; for which cause he is applauded by every one, and with a certaine emulation cited in honourable termes by all those that lived after him.

8 Marsilius of Padua, who writ above three hundred yeeres agoe in the time of the Emperour Ludovicus Bavarus, about the yeere 1320. hath spoken of the abuses of the Pope and the Court of Rome, both in grosse and by ret [...]ile: for in the 24. Chapter of the second part of his booke intitled Defensor pacis, he saith, That the body of the whole Church hath beene infected by that ple [...]itude of power which is allowed unto the Pope; and he addes afterwards, Let the faith­full cast their eyes that way, those who have visited the Church of Rome (which I might more truly call a shop of traffique, an horrible den of theeves) shall plainly see, and those who were never the [...]e shall learne 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 spirituall and temporall; for what is it else but a haven for Si­moniacall persons, who repaire 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 (unlesse it be redeemed with money) that being at length quite exhausted, and wearied by infinite troubles, they are en [...]orced to give over their just causes full of commiseration. For there the lawes of men doe ring again, but Gods lawes are either quite dumb, or at least very rarely understood. There is nothing but plots and projects how to seise upon Christian countries, to win them by force of armes, and wrest them out of the hands of such to whom they doe of right appertaine. No further care, no consul­tation ever about the conquering of soules. Besides, no order dwels there, but a perpetuall horrour.

9 In the eleventh Chapter of the same Booke, hee 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 hee shewes the injust power which the Popes arrogate unto themselves over matters both spirituall and temporall, and the meanes they used to usurpe it, some passages whereof wee shall elsewhere relate. This great divine was not moved to write these things by any hatred or discontent towards the Popes, but onely by a just obligation to defend the Emperour Ludovicus Bavarus, who was injustly excom­municate.

10 A little before this devine put forth that Booke, to wit, in the yeer 1310, [Page 68] William Durant Bishop of Menda in Languedoc, Reformation of the Pope r [...] ­qu [...]red in the 12 and 13 age. being summoned by Clement the fifth, to the general Councel at Vienna, to come and see what was fitting to be reformed in the Church, made a book De Conciliis, towards the beginning whereof he saith, It seemes to bee a thing considerable, that it is most expedient & necessary, that before any thing else wee should proceed to the correction and reformation of such things as ought to be corrected and reformed 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 Catholique Church to bring it about profitably with perseverance and effectually, it seemes expedient that it begin at the head; that is, at the holy Church of Rome, which is the head of all others. Then hee sets downe 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 Councell, witnes the Bishop of Panormo in his advice touch­ing the Councell of Basil. Panormit. de Concilio Basil. This decree concerneth the estate generall of the Church, and the matters belong to a generall reformation, which may be hindred by a dissolution, as it was by the dissolution of the Councell of Vienna.

11 Nicholas of Pibrac, who lived about the yeere 1290, tels strange stories both of the Pope and his Court, in his booke called Occultus, which I will not here insert. And he afterwards addes,

Dites au Pape je vous prie
Que sous couleur de pieté
L' eglise abonde en Simonie;
Et y a multiplicité
De maux: que s'ils sont de duree
Nuiront à cette foy doree
Eclipseront la pureté.
Tell the Pope, I pray, from mee,
That under colour of piety,
The Church abounds in Simony;
And such a many faults there be,
That if not mended presently,
They will eclips the purity
Of faith, that shines so gloriously.

12 Francis Petrarch who lived about the yeere 1370, under the Emperour Charles the fourth, and Pope Gregory the 11 reproving also an infinite num­ber of abuses; speaking of Rome under the name of Babylon, and of his de­parture from thence, in the 92 Sonet he saith,

De l' empia Babilonia; ond' è fuggita
Ogni vergogna, ond' ogni bene è fuori;
Albergo di dolor, madre d' errori,
Son fuggit 'io per allungar la vita.
From wicked Babylon from whence is fled
All modesty, all goodnesse banished,
Harbour of griefe, mother of errours rife,
I fled, in hopes so to prolong my life.

In his 20 Epistle he styles it, The nest of treasons, wherein the venome of all the world is hatched and brought up.

[Page 69]13 Francis Zabarel Cardinall of Florence, who lived about 1400,Reformation of the Pope [...]equi [...]ed in the 14 century. in a tract which he writ of the Schisme a little after the first Pisan Councell, speakes thus concerning the reformation of the Head, which (as hee saith) must bee done in a Councell. ‘These lawes are observable;Francis [...]us Za­barella in tract [...] de schismate pontificio. insomuch that they were not well considered of by divers flatterers that would often heretofore hu­mour the Popes, and who still perswaded them they might do what they list; yea, even that which is not lawfull, and in that respect more than God him­selfe. For hence have ensued an infinite company of errours, insomuch that the Popes have usurped all the right of inferiour Churches, so that other Prelates are but cyphers; and if God do not provide for the state of the Ca­tholique Church, it is like to goe to wrack: But by the grace of God there is some hope of reformation, if the Councell which is appointed in the Church doe indeed meet, as it is reported it shall. In which assembly order must be taken, not onely for the present schisme, but for the future also; and the power of the Pope must be so moderated, that inferiour powers bee not overthrowne; and that from henceforth the Pope may not do what he will, but what is lawfull.’

14 At the Councell of Constance there were articles put up by divers Nati­tions about the point of reformation,Co [...]cil. Con [...]stant. Sess. 40. wherein it was demanded amongst other things, That there might bee a reformation of the head and Court of Rome. Whereupon was enacted this good decree; ‘That the Pope whom they should create, together with the Councell; or such as should be deputed by every nation, should proceed to the reformation of the head, the members, and the Court of Rome, according to equity and the good government of the Church, before the breaking up of the Councell.’ But Pope Martin the fif [...]h, being elected by them, did ease them of that trouble,Platin [...]in Mar­tino [...]. putting off the reforma­tion till another time, to the great regret of many, seeing it is ever to begin anew.

15 The Cardinall of Cambray, who lived about 1414,Petrus de At­liaco in tract. de reform. Ec­cles. c. 1. and was at the Coun­cell of Constance, in a certaine Treatise of his, Of the reformation of the Church, after he hath shewed the good that comes of the celebration and frequency of general Councels, he adds [...] The second consideration is of such things as ought to be reformed in the Head of the Church; that is, concerning the state of the Pope and his Court of Rome.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 reformed.’

16 Mr. Iohn Gerson Chancelour of Paris, who was also at the Councell of Constance, in a Sermon made by him upon the voyage of the Emperour,Ioannes Gerson in sermone pro viagio Regis Romani. in 2. directione. saith, ‘It is expedient to doe so now before the election of the Pope, in many things which concerne the state generall of the Church, which the Popes a­buse by too much using the plenitude of their power: as in this that they will never keep any generall Councels, nor suffer inferiour Prelats to enjoy their ordinary rights; wherein they have manifestly erred without any manifest reason or convenience; sometimes disanulling the decrees of generall Coun­cels, sometimes altering them, sometimes expounding them at their pleasure; sometimes granting priviledges and exemptions.’

17 Nicholas de Clemangiis, Nicolaus de Clemangiis in lib. de ruin. & reparat. Eccles. one of the most learned and eloquent divines of his time, who was contemporany with Mr. Gerson, speaks also very bitter­ly against the See of Rome in divers tracts, but especially in his booke De rui­na & reparatione Ecclesiae. I shall set downe some passages in generall terms: ‘First (saith he) let us speake of the Head, upon whom all the rest depends.’ He afterwards addes, ‘For the supreme Bishops (that I may come to them [Page 70] in the last place) who by how much they see themselves ranked above others in greatnesse and authority, [...] of the Cour [...] of R [...]me. by so much they labour the more to overth [...]ow them, out of a domineering humour for the enlarging of their primacy and supreme power, considering that the commodities of the Bishoprique of Rome, and S. Peters patrimony which is very large and above any Kingdome, (though it have beene sufficiently curtalled by their negligence) can no way suffice to maintaine the greatnesse of their state, which they have purposed to raise high enough above all the Emperours and Kings in the world, have cast themselves into those others flocks that abound in breeding, in wool, and in milke.’ He afterwards specifies the loosenesse, luxury, vanities, worldlines, rapi [...]es, vexations, usurpations, oppressions, and other such like vices and abuses of the Popes and their Court. In another book of his, intituled,Clemangius in lib. de lapsu et repar. just. pag. 10. De lapsu & reparatione justitiae; he shewes that the Court of Rome hath infected France by comming there, specifying all the vices and blemishes which are communi­cated unto it, and those no small company.

18 ‘Lastly (saith he) there was a time when the Apostolique Bishop being vexed with the tyranny of the Italians, made choice of France for his seat, and for all t [...]e Court or Rome, supposing he could not [...]inde assured refuge els­where: to whom I could wish the strength of France had never proved a staffe of a reed, as it was a long time before foretold that it should [...] what was it else that brought France upon the suddaine into these miseries, making her fall away from that eminent glory which made her flourish above al other na­tions, but that, degenerating from those ancient vertues which adorned her with such an excellency of honour, she is changed from valour to cowardise, from diligence to sloath, from honesty to ignominy, from gravity and con­stancy to a wanton lightnesse, from temperance to luxury, from courage to presumption, from liberality to covetousnesse 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 zeale of the pub­lique good, to private gaines, from correction and discipline to a generall im­punity and licence of all wickednesse and misdemeanours? and, to summe up all in a word which is proper for our present subject, from justice to injustice and all iniquity?’

19 The author of the booke intitled 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 himselfe of his owne accord, and re­nounced the Popedome: and although it be said that he was chea [...]ed by Bo­niface the eighth his successor (of whom it is said that hee entred like a Fox, and reigned like a Lyon) yet the same Celestine was moved so to doe, 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 ods, he undertooke to reforme the Church, but hee could not goe through with it, being he lived not a whole yeere. After him there was a Pope cho­sen by the name of Clement the fifth, an Archbishop of Bourdeaux in France, under whom all the Canons, the Customes Ecclesiasticall, and other vertues 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 palat; a puddle of luxuries did overflow all, and was poured downe upon the Clergy. Was not all the Church afterwards made tributa­ry? Consider the pecuniary tythes, the slaughter-houses, the procurations in [Page 71] 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 mans hand, the exemptions which are as it were the maimes of all the members of the Church, the plenary indulgence of all sinnes gran­ted to rich men. Consider also the presenting of insufficient men to Bishop­riques, and the commutation of all offences into pecuniary mulcts.’

20 Iohn Duke of Bourges in an Epistle which he sent to Pope Innocent the seventh, amongst other things tells him,Epistola Ioan­nis quondam Regis Franco­rum filti B [...]tu­rigum Ducis ad Innocentium 7. super [...]a [...]lo unionis Ec. les [...] habetur in li­bro de hierar­chia Subcoele­sti. ‘That in Peters case the Sun of righteousnesse was wont to rise, and the fruitfull 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 sicke, and scarce ought sound from the sole of the foot to the top of the head.’ And he had said before, ‘That ambition the fountaine 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 greene stock.’

21 Afterwards the Councell 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 Councell; there their enterprises were repre­hended, their power bounded and regulated.’ Hearke what Sylvius saith: How that decree was necessary to curbe the ambition of the Popes of Rome,AEnaas Sylvi [...]us de Concilio Bas. lib. 1. in fine. who thrusting up themselves above the Catholique Church, thought it was lawfull for them to doe what they list, and a little to divert the thoughts of the Popes from the care of temporall matters, considering that they never thought of spirituall. But when all came to all, this was to no purpose: for the Popes hold that Coun­cell to be apocryphall, yea hereticall; they condemned it in the Lateran, for as much as concernes them; so that wee are to beginne againe. Whereupon it was expedient to call yet for a reformation of the Head. Besides what wee have elsewhere spoken of the Councell of Basil, we will here set down the te­stimony of Gregory Haymbourg a German Lawyer, who lived at that time.Gregorius Haymburg. in tract. de refut. primatus petri. The Councel of Basil endeavouring to abolish and reforme that, and desiring to reduce the present Vicar of Christ to some forme which come neer the life of Christ, hath bin 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 Cardinall of St. Peter ad vincula, who writ not long af­ter the Councell of Basil, in his bookes 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 Councell where they medle with reformation, they must begin at the head. And afterwards he saith, That when the head is sicke all the members are sensible of it, and that the health of inferiours depends upon the soundnesse of those that are set over them; and that there cannot bee a greater enormity than when hee who thinkes every thing lawfull for him in regard of his uncontrouled power, invades the right of those that are under him.

23 Iames de Paradise, of Chartres, who writ also a little after the Coun­cell of Basil, in his booke De septem statibus Ecclesiae, saith: Seeing then wee hold it possible to proceed to a reformation as well of the head as the members, by such as have authority and presidency both spirituall and temporall, Iacobus 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 hee bee re­nowned for his miracles, nay in my opinion not by the Pope himselfe alone. For there are so many Canons, Decr [...]tal [...], 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 [...] owne Court stands in great need of reformation, a [...] hath beene well knowne by the common cries of the last Generall Counc [...]; which Court of hi [...] if hee either cannot or will [Page 72] not reforme, [...] 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 owne sores first as being the head; for when that is cured, you may with lesse difficulty cure the members; wherefore Physitian heale thy self. You must first take the beam out of your owne eye, and then you may take the mo [...]e out of your brothers eye, else you will do no good by an inverted order. Vnsavory 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 reformed himselfe and his dependants. And in good deed I thinke the chi [...]fe cause of the deformation of the Church is the wound in the Head, which hath need to be cured first and formost.

24 And anon after, Wherefore it seemeth to me an incredible thing that the Catholique Church should be reformed, unlesse 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 Councels on the Popes behalfe, when they see that matters in the Councell make against their maisters and them, what can be expe­cted from them, but that they will withstand the decrees of such Councels with might and maine, either by dissolving them, or sowing dissentions in them, and so the thing shall remaine unperfected, and we be driven to r [...]turne to the old wilder­nesse of errour and ignorance? Every body knowes this to be most true, unlesse it be some one haply who is not experienced in times past. The tragedy which was acted in our age at the Councell of Basil doth sufficiently prove it, as they knew well who have laid downe the story before our eyes.

25 Felix Hemmertin who lived at the same time, a great zelot of the Popes, so farre that he railes upon the Councels of Constance and Basil; yet hee thus speakes of them.Felix Hemmer [...]in Cantor Tubi [...]ensis in tract. de libertate Ec­ [...]lesiastica. I protest I will open my mouth to speake in parables, and will at first set downe such propositions as are things which we have seene and knowne, and which our forefathers have declared unto us, and which have not beene concealed by their children in another generation. Truly by reading [...] turning, searching, perusing, and examining all the histories, and all those that have beene versed in them, we finde that since the time of the Prince of the Apostles, through all his suc­cessours one after another, following herein those that have writ exactly of the acts and affaires of the Bishops of Rome untill this present, we never saw, heard, nor understood that greater and more notorious excesses were committed in point of avarice, ambition, oppression, cheating, cozening, naughtinesse, cruelty and se­verity by way of state [...] and under colour of mildnesse, than is now adayes committed by great and small that have any command in the house and Court of Rome.

26 Iames Piccolominy Cardinall 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.Iohannes Pe [...]ru [...] Arrinab. in epist. ad Iaco­bum 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, canvassing, and plotting; the say­ing of the Philosopher is verified, the Court is a place ordained for deceiving and being deceived mutually; the Counsell seldome sits; the Pope is mightily troubled with cares, that is, with the care of that warre which he had voluntarily under­taken, as the same Epistle tels us, lest any should thinke that it was the zeale of thy house hath eaten me up.

27 In the dialogue intitled Aureum speculum Papae, made about two hun­dred yeeres agoe, wee finde 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 soundnesse from the sole of the foot to the crowne of the head. Theodorick of Nihem who was the Popes 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 booke of schisme, which he writ in the yeere 1410. ‘In effect there is no soundnesse in the Catholique Church even from the head to the sole of the foot.’ As also Nichola [...] Cl [...]mangiu [...] in his booke Of the ruine [Page 73] and reparation of the Church. ‘The saying of the Prophet is true,Simony practi­sed at Rome. from the sole of the foot unto the crowne of the head there is no soundnesse 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 Frier 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 talke of nothing more than the vices, abuses, and abomi­nations of the Popes and their Court of Rome. I will forbeare to recite them, contenting my selfe to referre the curious reader either to the author himselfe, or to him that there quotes them.

29 Mr. Iohn le Maire one of our French Historians, who writ his booke of Schisme about the yeere 1500, gives us to understand that they were about this reformation in his time, without which the former Councels were to no purpose, shewing withall how necessary a thing it is. ‘Every good Christian (saith hee) ought to pray God that the two last Councels of the Gallicane Church may engender one great universall and generall Councell of all the Latine Church, to reforme that Church as well in the head as the members, so as those Generall Councels use to doe. And that if it be not kept at Lions it may be kept in some other place most expedient and necessary for the pub­lique good: which may bee very well done at this present, considering the great peace, amity and union which is betwixt the two greatest Potentates in Christendome, the Emperour and the King, together with their third con­federate in the league, the Catholique King Ferdinand of Arragon, who ought altogether to be inclined to reforme the abuses of the Church of Rome: which reformation must of necessity be made.’

30 The second Councell of Pisa was holden in the yeer, 1512, where they consulted about many good rules against the Pope: But Iulius the second plaid them a trick [...] calling the Councell of Lateran, which made that of Pisa to cease, and dis [...]nulled 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 Iohn le Maire: as also it is evident from the Acts of that Coun­cell of Pisa, as we have said in the fourth Chapter of the first book. This ve­ry necessity continued till the Councell 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 German Monke in the Chronicle which he writ in the yeere 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 Popes minions; graces and resignations are granted without any stint; annates, or halfe of fruits are exacted without delay: yea, not only those annates that were granted by Princes for three yeers in the time of Pope Calixt the third are yet in force, but are en­hansed dayly; pressing and oppressing more grieuously than [...]ver. And if the Princes doe 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 holed sacke and an insatiat gulfe: the dismembring 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 Bishops 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 growes nothing but ruines, destructions and miseries over all Christ [...]ndome. Con­clude [Page 74] wee then,The Popes care o [...] temporals, neglect of spi­ [...]ituals. that there was good reason why the Emperour, 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 denyed. This is not all; wee must now see in particular where in this reformation con [...]ists, at least for the maine heads of it, and shew in particular the abuses that are to bee corrected, and the plaints that were put up against them.

CHAP. III. Of the Popes too great care about temporall meanes, and of their greedinesse in getting them.

1 THe first thing that ought to bee reformed in the Church of Rome, is the over-great care which the Popes take of tem­porall things now-adayes; 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 Sylvius, AEn [...]as Sylvius lib. 2. de Concil. Basil. who was afterwards Pope Pius the se­cond, makes the president of the Councell of Basil speake in this manner. This decree was necessary to divert the minds of the Popes a little from the care of tem­porall things, seeing they never thought of spirituall. He speaks of that decree whereby the Popes power was abated, and made subject to the power of a Councell. But they knew well enough how to take order with it afterwards, by meanes of the Councels 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 com­plaine generally in Germany, not that they are over-charged, but that they are quite broke and utterly undone: there is a raging appetite after the temporall meanes annexed to Churches, which possesseth the hearts of our ambitious Bishops now adayes; so as wee see them commit that openly af­ter their promotion, which they laboured for underhand before. All the care is of the temporall, none of the spirituall. That was not the meaning of the Emperours; they never intended that the spirituals should bee swallowed up by the temporals, which were bestowed on Churches for their augmentati­on.’ And presently after; ‘The Court ingrosseth unto it selfe all the best and the fattest; and that which the Empire hath set apart and ordained onely for the service of God and the publique good, by pretended reasons and new inventions is diverted another way, since lust and avarice have so seized up­on it, that what was Imperiall is now made Papall, and the spiritual tem­porall.’

Theodoricus à Nihem l. 3. de schism. c. 10.3 Theodorie of Nihem, in his third booke De Schismate; speaking of the large revenues which the Emperours had bestowed upon the Popes, saith, What comes there of all this pompe, of so much temporall meanes, wherein the Church of Rome prides her selfe in these times, but a neglect of spirituall mat­ters, a setting up of tyrants over them, a many divisions and schismes in that Church, and many other malladies? This is well enough knowne.

4 Mr. Iohn Gerson in his book De Ecclesiastica Potestate, after he hath spo­ken [Page 75] of divers abuses of the Popes, he addes,Romish Simo­ny. What shall we thinke is to bee said of an infinite number of such like things that are done, casting aside all care and regard of all spirituall and divine matters which concerne the Christian faith and religion?

5 It is a wonder to thinke whither the ardent desire of getting hath trans­ported them: They have not spared Gods service, and all that depends upon it to attaine their ends, to become rich, and make themselves great Lords: They have spared neither Croisada's, excommunications, nor any thing that is most holy and sacred, which they have not made stales to their avarice, luxu­rie, and ambition, not without treason against the Divine Majesty. We speak too much hereof of our selves, although we doe not say all: let us give place to our witnesses to speake, who wee desire may beleeved, and not our bare word. In the first place let us produce those that testifie the setting to sale of spirituall and holy things, which is practised at Rome. We will marshall the Popes owne domestiques 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 Iohannes Andraeas, and inserted in the glosse. The same Iohn the Monk said, that Rome being founded by robbers, doth yet retaine her first originall, 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 Latine.Fontanus in addit margin [...] add gloss. Vid. Accurs. in l. Libertas D. de regulis juris. Iames Fontanus puts this other in the margent borrowed from the glossator of the Civill Law,

Rome is the fountaine 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 covetousnesse 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 Sylvius before he was Pope, writ to a brother to his,AEneas Sylvius epist. 66. There is not any thing which the Court of Rome bestowes 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 confesse the villanie of his Court, but to a pretty purpose I trow; mark what the English Monks say of it, ‘And though the Popes Nuncio did publiquely rehearse before them all the letters wherein the same Pope did alledge the scandall and old reproach of the holy Church of Rome; to wit, the imputation of covetousnesse, which is the root of all e­vill. And mainely in this, that no man could dispatch any businesse at Rome, without chaffering and disbursing large summes of money, and giving of [Page 76] 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 naturall children ought to relieve the poverty of their mother. Wherefore (said he) for the utter rooting out of this scandall, we require that two prebends be allowed us out of all Churches and Abbeys, and the meanes of one Monke out of every Covent.’ But the English perceiving the fallacie to be too grosse, made a mocke of that demand.

Albertus Ar­gentin. in Chro. in Ioan. 22. sub anno 1334.7 Wee must here relate a dream which a certaine Bishop had of the Ele­ction of Benedict the 12, and what he said unto him. He dreamed that some bo­dy appeared to him upon the night, and said, Thou seekest the Pope; Hee is not. And returning againe a little after said, Wouldst thou see the Pope? This is he; shewing him a big man whom he knew not; but being arrived at Avignon, where the See then was, just upon the poynt when they were going to the e­lection of a Pope after the death of Iohn the 22. Having found that Cardinal Blank was the man which was shewed unto him, he sought him out, saying unto him, Father, you shall be Pope: And having rehearsed his dreame unto him, he added, He that shewed 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 shepheard and stable-groome, clense the Court and See Apostolique, which is now nought else but a filthy nasty stable of villany, covetousnesse, and Simony.

Iason 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. Ioannes 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 cōtains all things. An officer of the court of Rome, after he hath spoken of severall taxes of the Chancery, saith, By these upstart and unusuall 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 doe not live now in the Iles, but have shifted their habitation and reside in the Court of Rome. So true they found it, that one of our greatest Canonists cites the very same. Another Canonist geeringly sayes, The Pope is very liberall that takes a great deal of gold for a little peece of lead. But he hit it more fitly that said, The Pope in this had found out the Philoso­phers stone. One of our ancient practitioners makes this prayer, ‘That some good Emperour would stand up against those that destroyed the world an­ciently by their devotion, but now by their covetousnesse 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. libell. qua uxor agit ad dotem. in verbo, matrimo­nium pag. 168. The Pope (saith hee) hath reserved them both in this case, and many of this nature, to fill his owne purse, and his insatiat Court. And againe he saith, ‘That the ground of all avarice and ambition is in the Court of Rome, and that the Romanists doe many things against God and his laws, to their eternall disgrace, and everlasting losse of their souls.’

Matth West monast. l. 2. sub anno 1181. pag. 56.9 An English Monke saith, that in the yeere 1181. under Alexander the 3. Prester Iohn King of the Indies (for so he calls him) was aminded to serve the Church of Rome; ‘Of which great designe there had beene a happy issue, if the same, or rather the infamy of the Romane 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 Devine of the order of the Austin Monks, in his first booke De consolatione Ecclesiae, which hee dedicated to the Empe­rour Sigismond, affords us also this testimony.

Papa stupor mundi cecidit: secúmque ruêre
Calica templa Dei, membra simúlque caput.
Papa dolor, mundi (que) pudor, per crebra patescit
Crimina seu scelera famine sonifero.
Heu, Simon regnat! per munera quae (que) reguntur;
[Page 77]Iudicium (que) 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.
Post (que) lutum quid deterius soletesse? recordor
Stercu [...], & in tali Curia tota s [...]det.
Downe goes the Pope, the wonderment of all,
With him Gods Church, the head and members fall.
The Pope, the worlds both griefe and shame, is knowne
By's many crimes, which now are famous growne.
Now who but Simon? bribes are all in all,
And wicked pelfe just judgement doth forestall.
The Popish Court doth foster all disgrace,
And turnes the Church into a market place.
Chrisme, Orders, Baptisme (all which holy are)
Are basely sold as at a pedling faire.
The rich is honour'd, and the poore neglected;
He that can give most shall be best respected.
The Court of Rome, which was of gold before
Then turn'd to silver, of a baser ore;
Next, stiffe-neck'd she, not onely for a flirt,
Grew into iron, now is turn'd to dirt.
And after dirt what worse? yet now I thinke on't,
What but? Sir reverence, all the Court doth — on't.

[All this which the authour delivers in a hobling verse,Petrar [...] in ep. Du Ranchin translated word for word, to keepe the closer (as he saith) to the sense. But wee 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 himselfe sold for money. Espensae [...] in comment. in epi ad Titum. cap. 1. pag. 76.78. Lear­ned Espensaeus complaining of the connivence of the Fathers in this Councell, cites divers verses out of Mantuan, wherein the vices of the Court of Rome are represented, wherewith he hath filled divers pages; but not to swell this Treatise too big, I shall content my selfe to set downe 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 lawfull there but honesty.

Surely it is not onely a Poets, but a Philosophers, yea a Devines, yea a Monkes, and that an Italians, namely Mantuans: the very same is urged also by Clenard the Devine, professor of Hebrew at Lovaine,Clen [...]rd [...] in epist. at Paris, in Portugall: yea more, this man who was nothing lesse that a Lutheran, hath ventured to expresse the same in this other distich.

[Page 78]
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 cites these verses also out of the same Author.

—Vaenalia nobis
Templa, sacerdotes, altaria, sacra, coronae,
Ignes, thura, preces, coelum est vaenale, Deus (que).
We sell the temples, altars, priests, and all,
Incense and fires, which we most sacred call,
Crownes, vowes, and zealous prayers, we spare them not,
Heaven with his lights, and God himselfe to boot.

The same Doctour addes,Mantuan lib. 3. de 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 predecessour Sixtus the fourth ever heard of it, but I am sure he tooke no order for it. All this was spoken and published since the Coun­cell of Trent, and therefore so much the more remarkable.

CHAP. IV. Of the meanes which the Popes used to enrich themselves by, and first of Taxes.

1 NOw they served themselves of divers meanes and instruments to compasse these riches.Claudius Es­pensaeus in com­ment an epist. ad Tit. cap. 1 [...] digress. 2. Doctor Espensaeus sets downe a list of the many trickes and devices of the Court and Chan­cery of Rome, invented meerly for catching of mony; where he puts in among the rest expectative graces, or reversions; howbeit this was after the Councell: knowing very well that the reformation made in that regard did not binde 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 Councell of Basil, what shift can wee use to excuse from dishonest and filthy lucre those things which they call graces expectative, secret reservations, bestowing of Benefices upon the first commer, uniting of many benefices to one Chappell, Prebend, or other Benefice; mandates, preventions, propinations, small or ordinary services, conditionall resignations, detaining of all the revenue in liew of pension, and a number of such like things which were not heard of for a long time in the Church, and which would bee strange newes to Peter and Paul, [...] Pet. 2. if they should come into the world againe. 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 covetousnesse, such and so excessive are these abuses, that not so much as their owne glossers but speake against them. For the Commentator upon the rules of Innocent the eighth, [...]eg. 8.47.66. sometimes stiles the Chamber Apostolique the money-mother; sometimes with Iugurtha in [Page 79] Salust, he confesseth that all things are saleable at Rome;Exa [...]ions for pa [...]dons and ex [...]ommunica­tions. sometimes he doth not conceale divers things either appointed or granted for the getting in of money by hook or crook: according to what was observed by Ioannes An­dreas i [...] cap. Sedes. In Rescriptis. And his holynesse great liberality in giving lead, and taking gold, which Mantuan speaks of, is publiquely knowne 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 ought, 'tis nought: She takes your ware,
And gives you words. Alas! there's none reignes there
But Lady money now. And as the Owle's
To other birds, so Rome to simple soules.

2 This learned devine hath spoken much of these things, yet withall hee hath omitted more; as we shall also doe, referring those that desire further information herein to the booke intitled Taxa Cancellaria Apostolicae, printed at Paris by Toussaint Denis the yeere 1520. And yet this is nothing in com­parison of the penitentiary tax, printed with the same booke, where every sin, every crime, how heynous 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 pasport to Paradise [...] both for a mans selfe and his misdeeds. But (that which might make Rome blush if there were any shame in her brow) these pardons and indulgences are denyed to the poore and indigent, who are not of meanes sufficient to raise these criminall and incestuous impositions. It was not enough to exclude them indeed, but they must specifie so much in downright termes, for feare least 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 spirituall kindred. g. LX. The same judgement serves for the scond degree; for which the Datary must be compounded with, for some great summe, 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 poore men.’

3 So that we live not in those dayes when it was more hard for a rich man to enter into the Kingdome of heaven, than for a Camell. cable to goe through the eye of a needle; for now the Kingdome of Heaven belongs to them, and not to those beggarly creatures that have nothing but a staffe and a wallet. Wee might here alledge many testimonies concerning this subject, to evince this a­buse; but because it is too apparant, wee will content our selves with setting downe the complaint which the same Espensaeus makes hereof, after the Coun­cell 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 booke publiquely set to every mans view (saith hee) which sels as well now as ever, intitled,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 gaine, like a common whore; whence more naughtines 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 sayes) they are very fearfull even the sound of them. It is strange that in these times, in this schisme, that index and inventary of so many uncleane and abhominable villanies, so infa­mous that I am confident there is not a more scandalous book in all Germany, [Page 80] Suitzerland, Exac [...]ions by disp [...]ns [...]tions and takes. or any other place, which hath separated from the Church of Rome, was not suppressed: Yea, it is so farre 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 Legats, 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 unlawfull conjunction, &c. to allow people marriage with such as they had formerly committied adultery with, to absolve such as were per­jured, Simoniacall, falsifiers, robbers, usurers, schismatiques, heretiques re­canting; Yea, and even to admit them to orders, honours, dignities, and all sorts of benefices; to dispense with casuall, not wilfull murtherers; howbeit the fore-cited Tax doth not except wilfull 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, &c. O that Rome would from henceforth have some shame, and cease to set out such a shamelesse ca­talogue of all manner of wickednesse.’

Nicolaus de Cle­mangiis in tract. de prae­sulibus p. 66. 6.5 We will here adde the complaint of Clemangius the devine upon this subject: ‘So the Church which Christ hath taken for his spouse, without wrinkle or blemish, disfigured by this horrible villany, 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 it selfe: where fa­vours are sold for silver, dispensations for not preaching, licences for non-re­sidence: where all offices and benefices, yea, even sinnes 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 provid [...] 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 againe, and that more soundly then 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 crownes as he hath in his chest, such hopes may hee con­ceive of compassing his desire. For what skils it to speake of poore folkes, 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 dis-respected and despised. What should a poore 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. & [...]leric.6 The case is finely altered; the Imperiall lawes exclude rich men out of Churches, and the Papall 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 downe what summes 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 Chri­stendome: The other (which is particular to France, containing onely the taxe of the Bishopriques and benefices of this Kingdome) 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 summes that came into the Popes coffers by this meanes are inestimable: nothing like to this for the destruction of Kingdomes: and yet Princes are so bewitched as to suffer it. Boniface the 9 was the inventour, or at least the Promoter of it, after Iohn the 22 had given a hint to it: for before this time the world knew not what it meant. So many writers doe testifie; a­mongst others Langius, Platina, and Theodorick of Nihem; the words of the last are very remarkable.

[Page 81]7 About the tenth yeere of his Popedome, Of Annates o [...] first-fruits. to goe more cunningly to worke in that matter, and palliate the Simony which he practised under some colour of ne­cessity, he res [...]rved to his exequeter one yeeros first-fruits of all the Cathederall Churches and Abbeys that were vacant; Ludovicus Co­mes in Regal. de valor ex­prim p. 451. et in prooemio. q. 1. in such sort, that whosoever would bee preferred by him to any Archbishoprique, Bishoprique, or Abbey, hee was con­strained first of all to pay the first-fruits of the Church or Monastery, to which hee 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 hee 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 l [...]tters out of the Apostolicall Chamber. And, for asmuch as all those that desired to be preferred, had not alwayes so much money in their purse when they came to the Court as was needfull, Vsury grew so fre­quent at Court in the time of this Boniface, that it was not thought to be a sinne any longer; nay, such Vsury was sometime publiquely required in the presence of the Iudges and Officers of the same Boniface.

8 He relates divers other tricks of the same Pope concerning taxes; so foule and stinking, that I will not defile this discourse with them. It will bee said that these are personall faults; so say I, but they suited so well with his successours, that they derived them through their veines, and that with inte­rest. I speak not onely 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 custome hath sweetened them unto us. And for annates, whereas Boniface the 9 exacted them onely of Bishopriques and Abbeys, they brought in Priories, and other benefices in after ages: Fo [...] marke the title of those of France; Here follow the names of the Archbishops, and Bishops of the Kingdome 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 Apostolique, when they come to bee 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 custome (saith he) till the time of Leo the tenth, what time it was ordained, that annates should be payed out of pensions also, if they amounted to twelve ducats of Gold in the Popes booke. This taxe was further enhansed by his successours, and made farre more heavie 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 halfe: For then in case of vacancy, they payed but ad volorem taxae, reduced ad mediam taxae; but after that repeal ordinarily there was more ex­acted in the vacancy, than the whole taxe came to as sometimes a whole yeeres value of benefices, sometimes two. Insomuch that some pawned their Buls to the usurers, as the Abbey of Bernay by name, because two hundred ducates were demanded, whereas the Abbey was not worth two hundred: and nine hundred for St. Pharon of Meaux: So likewise of graces expectative, they tooke two parts or the thirds, and more than ever was accustomed.

10 This open Simony, like a poyson which hath gotten to the heart, hath occasioned many complaints and groanes. Marsilius of Padua, saith;Marsilius Pa­tavinus in 2 part. def paci [...] cap. 24. p. 361. By the same power he reserves unto himselfe the rent and revenues in all places whatso­ever, of all benefices for the first yeer of their vacancy, ingrossing to himself by that means all the treasures in the world, wiping all Kingdomes and provinces of them.

[Page 82] Of Popish Sy­mony [...]sks, a [...]d hist [...].11 The Bishop o [...] Menda, in the reformation which he proposed to the Councell of Vienna, saith, The Court of Rome, and the Colledge of Cardinals, together with the Pope, would have a certaine 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 seemes very requisite that this were taken order with. For this heresie doth much corrupt the Catholique Church, and the common people; and the remedies which have beene applyed hitherto are quite disrespected, in­asmuch, that the contrary is usually practised in the Court of Rome, as if it were no sinne 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 Councell of Vienna, so as they were once advised to allow the twentith part of all livings in Christendome, to the Pope and his Cardinals; but at last it was shifted off without resolving upon any thing [...] A Doctour 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 covetousnesse is so insatiable, that if that had beene resolved upon, they would have taken both.

12 Cardinall Cusanus desired the very same reformation at the Councell of Basil; The world cryes out (saith he) of the gettings of the Court of Rome; if Simony in its kind be an heresie; then sure it is a sacriledge to oppresse inferiour 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 gaines, especially because the Catholique Church is scandalized for this cove­tousnesse of her governours, and the Church of Rome more than other Churches. Wherefore it is expedient in this holy reforming Councell, to remove that especially which is so opposite to Gods Lawes, so prejudiciall 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 booke De ruina & reparatione Ecclesiae, saith, The Popes, over and above the former charges, have laid other tasks upon Churches and Ecclesiasticall persons, to fortifie and maintaine their Chamber, or rather their Charybdis: For they have made a Law, that as oft as any Ecclesia­sticall person dyeth, of what dignity or condition soever he bee, or exchangeth his benefice with any other whatsoever, their chamber shall receive all the fruits and revenues for the first yeere next insuing, rated at a certaine summe according to their good will and pleasure. Which exaction, and divers others, by him recko­ned up there, he blames and condemnes.

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 equities of all Lawes, C [...]smo Guy [...] ­nerin in P [...]g. mat. Sanct. de annatis in ver­bo anna [...] [...] pag. 1936. Theodoricus de Nihem in notis ad tra 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 Ecclesiasticall dignities gratis, and freely, without any intervention of money, promise or compact whatso­ever. But if it be said that the Pope is the generall steward of all Bishopriques, Monasteries, and other Ecclesiasticall 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 beleeve and maintain that this jurisdiction reacheth no further, than to the giving unto discreet and faithfull Popes and Cardinals, the power of disposing Ecclesiasticall benefices, dig­nities, and other meanes, 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 Devines say. Hence have risen every where some great errours in Christendome, and grievous defamations against the Court of Rome; which is also drawn into an example by others.

[Page 83]16 He addes yet further;Exactions by Annates or first-fruits. Idem ibid p. 830. What then, if hee 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 yeeres value of that dignity? Many great Devines are of opinion, that it is a heresie to hold and maintaine that such a law may be observed without mortall sinne; because the inferiour cannot abrogate the law of the superiour, and hee can make no such law of himselfe, 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 divels suggestion, which haunt them that buy and sell holy Orders; which obtaine by Simony Bishopriques, Prebends, Curates, &c.

17 In another place he saith thus,Idem ibid p. 791. Simony is alwayes 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 Apostolique, and for the ordinary service of the Lord Cardinals? otherwise none should be preferred or created Bishop from thenceforth, unlesse hee either paid or entred bond for the payment of so much, upon most damnable forfeitures.

18 The Authour of the booke,Tract. de privi­leg & juribu [...] Imp. p. 831. intitled, De privilegiis & juribus Imperii, which is very ancient, shewes that these annates were never exacted by the Emperours, when they bestowed investitures; and hee takes offence at the Popes using them; We never read, (saith he) nor is it credible that the Empe­rour Otho did ever either demand, or receieve by himselfe, or by any other, the fruits of one whole yeere; no, nor of halfe a yeere, for any Church, Monastery, or Ecclesiasticall dignity, which he bestowed upon any man for a title. Why then is the contrary pactised by some Ecclesiastiques? It is a strange thing: And perhaps by reason of the excesse herein, or because no regard is had to the ancient laudable customes, which have beene left by the holy Fathers to the Church militant, the covetousnesse of the times keeping it so close, it appears more in deed that in wri­ting, in what sort the Catholique faith prospers by this meanes.

19 Gregory of Haymburgh a German Lawyer,Greg. Haymb. in confut pri­mat. Pap. who lived in the time of the Councell of Basil, complaines likewise of these Annates, and other exactions of the Pope upon benefices, and Ecclesiasticall preferments; The Empire (saith he) being thus divided or vacant, they proceeded further, reserving to themselves all advowsons and dignities how Canonically soever disposed of; yea and the pre­sentations to benefices; surcharging withall the Bishopriques, and other livings, with Annates, and other Symoniacall exactions, for investiture into these li­vings, that otherwise belonged to the Empire; that the Popes by this meanes might squeaze all the treasures of the world, as if they were not content to have usurped the Empire. It was one of the Articles proposed by all the Nations of Chri­stendome at the Councell of Constance, there to bee reformed;Concil 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 proposall, and the French who did earnestly sollicite the contrary: as appeares by the answere of our French men, printed amongst the works of Nicholas de Clemangiis; but at last the Cardinals, by meanes of their shiftings and put-offes, got the victory, insomuch that there was nothing done in it.

20 Albert Crants, a German Historian and Devine, in his book, called, Wan­dalia, 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 Turke, saith, That the Archbishops of the Rhene were scarce willing to give way to this imposition, because the Pope recei­ved the first fruits, which was a great pressure to Germany;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 Iulius the 2, saith, [Page 84] That livings are there bestowed for wages, [...]. and the spirituall treasure is made a merchandise.

21 There is an arrest of the Parliament of Paris, dated the 11 of September 1406, wherein it is said, [...] hoc Ar­r [...]um [...]pud N [...] de Cle­m [...] p. 115. [...] Basil Sess 21. That Pope Benet and his officers should from thenceforth give over and abstaine from the exaction of Annates in this Kingdome of France, and the Countrey of Daulphiny. The Councell of Basil, made also a very re­markable Decree hereabout in the 21 Session; The holy Councell ordaineth, that from this time forwards, there shall bee nothing exacted either in the Court of Rome, or else where for letters, Buls, seals, Annates, common and petty servi­ces, first-fruits, or any other title, name, or colour whatsoever, for confirmations of elections, admission of requests, provisoes of presentations, nor for any collation, deposition, election, demand, or presentation to bee made even by Lay men. Nor for institution, installation, and investiture in Churches, (even Cathedrall and Metropolitan) Monasteries, dignities, benefices, and other Ecclesiasticall of­fices whatsoever: Nor for Orders, nor the sacred benediction, nor for the Pall. This same decree was in expresse words inserted in the Pragmatique [...]anction, and confirmed by it. Wee may take notice by the way, of the prohibition made by the Councell, and the Pragmatique sanction against the Popes, that they should not take any thing for the mantle or Pall, which they were wont to sell to Archbishops and Metropolitans, at a good round price; as they did also afterwards notwithstanding these decrees; as appears by the complaint which Langius maketh against Leo the 10;Paulus Langius in Chr [...]ni Citiz: sub ann. 1513. A great summe of money (saith he) is ex­torted for the purchase of Bishops Palls, to the detriment of Churches, against the constitution of the holy Councell of Basil, which ordained that nothing should bee paied for the Pall, nor for the confirmation or obtaining of other offices. But to returne to Annates.

22 It may seeme that the Bull of Pope Leo the 10, added at the end of the Concordate, and confirmed by the letters patents of King Francis the first, hath derogated from the Pragmatique sanction. But that Bull was never re­ceived and approved in France, P. Rebu [...]us in Concord. Rubric. de man [...] dat. Apostol. § s [...]n. Et Rubric. de Annat. Ordinance d' Orleans Art. 2. as M. Peter Rebuffus doth testifie; This consti­tution (saith hee) as being about a money matter, was never received by the in­habitants of this Kingdome. Nor is it comprehended within the Concordate, nor the Kings declaration concerning it, verified in the Court of Parliament: And indeed all such Annates are expresly prohibited in the second Article of the Decree at Orleans; Vpon the remonstrance and request of the delegates of the said States, to the end that for the time to come no money for vacancy, nor An­nate be payed for the grant of Archbishopriques, Bishopriques, Abbeyes, or other benefices that concerne the Consistory; we have determined to conferre and treat more largely hereabout, with the Commissioners of our holy Father the Pope; and in the meane time, by the advice of our Councell, and according to decrees of the sacred Synods, and ancient Statutes of the Kings our predecessours and the arrests of our Courts of Parliament; we do ordaine that all transportation of gold or sil­ver out of our Kingdome, and all payment of money under colour of Annate, Vacance-money, or otherwise shall be left off and surcease; under paine of paying foure-fold, to all such as doe contrary to this present decree. But afterwards the execution of this decree was suspended by the letters patents of the same Prince, dated the 10 of Ianuary 1562, procured by the earnest entreaty of the Cardi­nall of Ferrara; and Annates were tolerated in this Realme, by reason that the Pope assured the King, hee would take order for a reformation herein, as ap­peares by the contents of the said letters: which run thus;

23 Charles, &c. Whereas at our comming to the Crowne, at the request of the three estates of our Kingdome, holden in the City of Orleans, by the advice of the Princes of our bloud, and other great eminent persons of our privy Coun­cell, we commanded our subjects, that they should not transport or carry any more [Page 85] money out of our said Realme, 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 meanes of dispatch, sent out of the Court of Rome, as is specified in the copy of the Ordinances aforesaid, in the second, fourth, and twenty second Articles: Which prohibitions were published in our Court of Parliament, and other the jurisdictions of our said Kingdome: whereof complaint and remonstrance hath beene made unto us by our dea [...]ly and welbeloved Cozen, the Cardinall of Ferrara, Legate in France, who hath entreated us to restore the things aforesaid unto that state wherein they were before the said Ordinance of Orleans: We declare, that we desire to render all honour and filial devotion to our Holy Father, and out of the great confidence we have, that his Holynesse will looke to provide, and speedily to take order, as need requires, that the matters afore­said may be reformed, as our said Cozen, the Cardinall of Ferrara, his Legat, hath promised unto us on the behalfe of his said Holynesse, and whereof indeed he hath already made great overtures; for these causes and other considerations us there­unto moving, having a regard unto the foresaid remonstrances made unto us, with the advice of our most honoured Lady and mother the Queene, the Princes of our bloud, and our Privy Councell: we have removed and taken away, and doe hereby remove and take away the prohibitions aforesaid, and the penalties annex­ed, to be imposed upon the offenders against them, by our Edict and Ordinance of Orleans, and doe make void the Ordinances aforesaid, for the reasons before men­tioned.

24 The Councell of Trent was holden at the time when this declaration was made,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. Estat de Tours. See the e [...]tr [...]ce joyned 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 vaine. Whence it followes, that the cause of this suspen­sion ceasing, the effect should cease likewise; and that therefore we are under the Ordinance of Orleans, which was just and good: to the observation whereof we ought the rather to bee inclined, in as much as wee understand by the testimony of the Court of Parliament, and the accounts hereupon made by it unto Lewes the 11: that by reason of Vacancies, Expectatives, and such like meanes, there goes almost a million of crownes from hence to Rome every yeere. Which is further confirmed by the testimony of the Ambassadours of the Archbishop of Magdenburg in Germany, who was present at the Councell of Basil, who hath left upon record, that he learned from the Archbishop of Lyons, then living; that during the Popedome of Martin the fifth, who sate 14 yeeres, there were carried to Rome out of this Realme of France only, nine millions of Crownes, without reckoning what was brought in by the Clergy­men of inferiour quality.

25 It is reported by an English Historian, that Henry the 3 King of England in the yeere 1245, caused an estimate to be taken of the pure rents which the Pope had out of his Kingdome, and that it was found they amounted to as great a summe of money, as all that he himselfe received out of his Realme, nor re­ckoning divers other commodities beside. The like is affirmed by all England together in an epistle sent to Pope Innocent the 4. where it is said, That he re­ceived more pure rents out of England, than the King himselfe, who is the guar­dian of the Church, and the governour of the Kingdome. And hereupon the the transporting of gold or silver to Rome was forbidden in this Kingdome by many good Statutes made at severall times. Saint Lewes, who amongst divers others made one hereabouts expresly forbidding all such exactions, was never­thelesse Canonized for a Saint. King Charles the 6, Henry the 2, Charles the 9, and others, were never thought the lesse Catholique for this; nor the peo­ple of France that demanded it in their Councels of State, ever reputed the lesse zealous in Religion. For by this meanes the Popes and Cardinals would be the [Page 86] more honest men;Po [...]sh Simony and [...]x [...]ctions by taxes. for there is nought that spoiles them, but too much ease and wealth. And so they should both cleare themselves from that infamous crime of Simony, which all Christians detest and abhorre; and also acquite all those that barter with them; who, according to the opinion of Theodoric. a Nihem lib. 2. de schism. c. 2. & in tract. de privileg & [...]u [...]ibu [...] Imperii p. 829. & seq. Marsiliu [...] Pa­tavinus in de­fens Paci [...] part. 2. c. 11. 24. Devines, and the sentence of the Parliament of Paris, in the 71 Article of their Remon­strance, share with them in the sinne also. For to beleeve the Popes Iohann [...]s de Turrecremata inc. Si qui [...] pe­ [...]unia. nu. 4. dist. 79 Iacobatius l. 4. de Con [...]il. art. 4. Aug. de Anco [...]a in lib. de potest. E [...]clesiastica. q. 5. art. 3. Et alii ab iis [...]itati. flatterers, who goe about to perswade them in their filthy writings, that though they practise Simony, yet they cannot be Simoniacall: this were to hood winke the eyes against all truth, and to sleep in a blind ignorance. The men who were the most eminent for learning in the time of Pope Paul the third; who were bound by oath, and adjured by him, upon paine of excom­munication, to tell him the truth concerning the reformation of the Church, told him plainly, amongst other things, 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 lawfull for the Pope and Vicar of Christ, (these are their very words) to make any gaine out of the use of the power of the Keys, committed unto him by Christ: For it is Christs command (say they) Freely yee have received, freely give.

26 The Emperour Natalis Comes l. 14. Historiae sui tempo [...]is. Ferdinand, in his demands, put up at the Councell of Trent, required that the ancient Canons against Simony, might be restored. Now these ancient Canons bind the Pope, as well as other Bishops; and you shall finde no exception for him there; but our Councell had no leasure to thinke of this. I could here make a large discourse of the Reservations of Bishopriques, and other dignities, and benefices Ecclesiasticall: of the granting out of Graces, and the next voydance of benefices; of mandats of provision, and other wayes which the Popes have used and doe use to this day, to enhanse their revenues. The Ordinances of our Kings, are full fraught with complaints made, concerning this particular; as are also the works of divers authors. All those that ever medled with reformation, put alwayes up some Articles about this point: The deputies of Paul the third, have a whole Chapter of it in their Councell. The Councell of Basil, and the Pragmatique Sanction hath condemned them: The King of France desired the like in his demands: Yea, and the Councell it selfe hath taken an order with them, but it is with reser­vation of the Popes authority above all; which is as much as to put a gull up­on all Christendome, seeing the reformation in this case was demanded onely against him, inasmuch as he is the man from whence all the disorder proceeds. And after this, all that are acquainted with the Court of Rome, doe very well know, and can testifie, how the Pope doth still practise these meanes, and whether all the decrees of this Councell have debarred him of dispensing his favours.

27 The Popes not content with the gold and silver which they get by these meanes, doe use taxes and tributes besides, like secular Princes, not only upon Clergy men, but Lay men also; yea, upon whole Princes and Kingdomes. Gregory the 9, the yeere 1229, demanded of the Kingdome of England, the tenth part of all the moveable goods, as well of the Laity as Clergy, to main­taine his warre against the Emperour Frederick [...] telling them that he only had undertaken that war in behalfe of the Church Catholique.Matth. Paris. in [...]ist. Angl. sub Henrico 3 pag. 349. Which demand, Henry the third, King of England, (saith an English Monke) having passed his word to the Pope, by his officers, for the paying of those tenths, had no way to gain­say. But the Earles and Barons, and all the Laity did oppose it, refusing to engage their Baronies and demaines. As for the Bishops, Abbats, Priours, and other Prelates, after three or foure dayes consultation, they at last condescended to it, with a great deal of murmuring; fearing the sentence of excommunication in case of refusall; as the Monke hath it word for word. The execution where­of ensued as rigorous as ever: For one Mr. Otho, who was sent as Legat upon that occasion, did not spare excommunications: causing besides, certaine great [Page 87] summes of money to be levyed for the defraying of his charges;England op­p [...]essed by [...]he Popes exacti­ons. because (as he said in this commission) hee was not bound to make war at his owne charges. Mean while the Legat not forgetting himselfe, did not neglect to extort both money and meanes for himselfe: Idem ibid. pag. 506. Idem pag. 507. for compelling every one to pay him procurations, he sent certaine rigorous injunctions, to the Bishops and Archdeacons to this ef­fect. He afterwards demanded the fifth part of all the goods, and spirituall revenues of the Clergy men aliens, who had any preferments in England, whereof there were then good store; and from them hee proceeded to the rest: and all to make warre against the Emperour Frederick. And whereas divers were marked out for that beyond-sea voyage, hee dispatched a pretty commission to his Legat, to absolve them of their vow, and to exact of them certaine great sums of money. All these evils were occasioned mainly by the softnesse of King Henry the third, who when it was asked by his subjects, Why he would suffer England,Idem pag. 508. considering the large priviledges thereof, like a Vine­yard without a wall [...] to ly open to the prey and desolation of passengers; He reply­ed, [...] 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 Authour) 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 certaine exacter into England, Peter Rubeus by name, who was instructed to wipe the poore English of an infinite masse of money, by a new invented mouse-trap trick. For hee came into the Chapters of the Religious, cozening, and compelling them first to promise, and then to pay, after the example of other Prelates, whom he lyingly affirmed to have payed al­ready. For he said, Such and such a Bishop, such and such an Abbat have already freely contributed; why doe you slowbacks delay so long, that you may loose your thanks with your courtesie? Besides, this cheater caused them to sweare not to reveal the manner of this exaction to any, till halfe a yeere after; like robbers, who compell those they rob, to promise that they will not speake of it. But though men should be silent, the very stones out of the Churches would cry out against such rake-hells. This fit of the fever descended like an hereditary disease upon his successours. Innocent the fourth knew well enough how to husband such a fer­tile field; but so as he made all England cry out of him, who brought their complaints as far as the Councell at Lyons, in the yeere 1245, then and there demanding for justice and reliefe against these tyrannicall exactions; and that e­ven before the Popes nose, who was there in person, who (as the Historians say) casting his eyes downe for shame, durst not say mum. 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 Councell which regarded nothing but the Popes pleasure, it was deafe on that eare. The same complaint was afterwards put up in a Parliament in England by King Henry himselfe, who begun to meane himselfe; where these Articles were ex­hibited amongst others: The Kingdome of England is grieved, inasmuch as the Lord Pope is not content with the subsidy of Peter pence, but doth extort a grie­vous contribution of the whole Clergy of 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 lawes of the Kingdome, and against the appeall and protestation made by the Proctours of the King and Kingdome, in the generall Councell.

29 This Parliament used so much respect to the Pope, as to content them­selves with sending some soothing letters to him, thinking to soften his heart with the relation of their miseries: but this was all in vaine, for the grievance grew daily greater and greater; and indeed you may observe a new kind of ex­tortion, whereof complaint was made to King Henry;Idem Paris. in Hen. 3. There were lately brought certaine letters from the See Apostolique, containing no little prejudice against the King and Kingdome; to wit [...] that the Bishops should maintaine some ten men of war, well provided of horse and armour, some five, some fifteene, to send over to [Page 88] the Pope, The Popes ex­actions in Eng­lan [...]. for the service of the Church, for the space of one whole yeere, to be paid by the Bishops of England, and imployed where the Pope should thinke expedient; which Knights service is not due, save only to the King and Princes of the Re­alme, &c. Idem p. 694. A little after, The Pope taking courage to trample under-feet the poor English, (as the same Historian cals them) and in trampling to impoverish them, commanded the Bishops of England with more imperiousnesse than was usuall, that all the beneficed men in England, should contribute unto him; to wit, such as were resident, the third part of their goods, and the rest, halfe: adding withall, some very hard conditions. Idem p. 706. He sent to one M. Iohn, his Legat, that if any Bishop should make dainty of paying the subsidies which he demanded, under colour of exemption, that he should sesse them deeper. Another English Historian, speaks thus of this matter,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 speake more properly, and not con­ceall the truth, with down-right cursings, putting the Pope in minde of their grie­vances, with a complaint proceeding from the bottome of their hearts, and setting before him their insupportable oppressions. And he afterwards addes these grie­vances; The Church of England is intolerably vexed with infinite charges, in the tenth of all their goods, in the hastening of reliefes, in the money levied for Soul­diers, in the subsidies divers times exacted by Otho the Legat, in the paying of 6000 Marks, in the twentieth part of their three yeeres revenues, in the subsidie of the Roman Empire, in the subsidie granted freely.

Matth Paris. p. 729.30 Matthew Paris sets downe an infinite company of other barbarous ex­actions, saying, The charges were marvelously increased, with a great deal of over­plus; and flowed day by day from the Court of Rome, over the miserable Kingdome of England; besides the burthen, and unwonted slavery; insomuch, that the Bishops were debarred from the bestowing of their benefices, till they had discharged these exactions, and yet the pusillanimity of the King never contra­dicted it. Horrible burthens, and unheard of oppressions, did spring up daily. Wee have thought fit to insert in this booke, not all the charges, for that would be a very hard thing, nay, altogether impossible to set downe, but onely some few; to the end, that such as read them, may bee sorry for them, and pray to God that we may be one day freed from them. We should spend too much paper in setting downe all which is delivered by him at large, concerning this point; it shall suffice us to recount the proverbiall 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 bee taken. This proverb was received with all honour and reverence by his successour Alexander the fourth, who sent one M. Rustand into England, who rifled the purses of the poore Clergy-men soundly, with the aid and assistance of the Bishop of Hereford, who was li­censed by the Pope to borrow money in the name of the Abbeys, and Mona­steries, and to pawne 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 imployed to the use of the Abbeys, and Monasteries. But for feare, least the jugling should bee discovered, he tooke a course to hinder the thing from ever comming to tryall by any meanes whatsoever. An English Historian after he hath delive­red this relation, addes these words,Idem Paris. p. 886. These things, and others like detestable, O shame! O griefe! did spring at that time from the sulphureous fountaine of the Church of Rome. The same M. Rustand had commission to levie 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, heare what the [...]ame Authour sayes of it.Idem p. 884. At that time Rustand called all the Bi­shops [Page 89] of England together at London, by virtue of the Popes authority, The Popes ex­ [...]ctions in France. to heare his commission: where being met after the faculties of the said Rustand were read, he brake with them, requiring of them all an infinite summe of money, by virtue of certaine writings full of injury and injustice, which might have deeply woun­ded the hearts of the most patient men: if that sum had beene levied, the Church of England, yea the whole kingdome should have undergone a most base servitude, and beene throwne 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 witnesse unto us, that this is not a fault personall, but perpetuall and Papall.

31 Nor hath England only made these complaints. France also hath divers times groaned, and appeared to bee in a kinde inslaved. 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, & divers other tributes; What shall I say of the spoyling of Prelates? of the too too usuall tenths, and of other taxations? And a little after,Nicolaus de Clemangiis de ruina & re­paratione Ec­clesiae p. 4. What should I doe setting down particularly an infinite company of other tributary impositions, which are dayly 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 bee any levie or collections made of the charges and exactions of moneys, imposed by the Court of Rome, upon the Churches of our Realme, by meanes whereof, our said Realme hath beene impoverished. Nor is it lesse considerable which Matthew Paris relates, to have happened under that Prince;Matth. Paris. sub Henrico 3 [...] About the same time (saith hee) the Pope sent his authentique letters to all the Bishops in France, in particu­lar by his solemne Nuncioes, to the Predicants, and Minorites, intreating them that every one of them, according to his ability, would furnish him with a certaine summe of money, which hee would undoubtedly repay so soone as he begun to get breath. This comming to the Kings eare, who suspected the avarice of the Court of Rome, hee sent out prohibitions, that no Prelate of his Realme should impove­rish his countrey in that kinde, upon paine of forfeiting all his goods. And so those sophisticall Legats of the Pope, upon whose shoulders this charge was laid, returned out of the Realme empt [...]-handed, with hissings and mockings. He means Innocent the 4, in whose time King Lewes raigned, the yeer 1247, what time this was done. This was the Pope, who so soone as he was come to Lyons to hold his Councell, wherein he excommunicated the Emperour Frederick, made such a pitifull complaint of his poverty, and the great summes of money which hee ought, that our French Prelats shifted themselves to their very shirts, to exer­cise their charity towards him; without sparing either gold, silver, moveables, apparell, vessels, horses, or other things; whereby hee got an inestimable treasure.

32 But the story of the Abbat of S. Dennis is memorable,Matth. Paris. in Hen. 3 p. 64 [...] who having ex­torted great summes 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 summe out of his owne 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 summes of money [...] wherby the kingdome is exhausted, and to thrust themselves upon the Pope­dome, for to enrich and preferre both them and theirs. And in another Decree made the same yeere, 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 meane observed either of justice or equity. And in another made in March 1418. That an infinite deale [Page 90] of gold and silver, O [...] th [...] Cl [...]gy [...] w [...]ls. A [...] o [...] the [...]. and rents were transported out of the Kingdome and the Pro­vince of Dauphiny, to the prejudice of the ancient customes, and the undoing of the Realme, to the irreparable losse and damage of the Common-wealth, and the miserable desolation of the Churches, aswell such as were of royall foundation as others. We will here relate what Marsilius saith of tenths;Mars [...]lius in de [...]ens. pa. par. [...]. c [...]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 tem­porall, matters, of benefices, and tenths, (which when I looke upon all Kingdomes at once, doe amount to an inestimable deal) hee may stir up a great deal of sedition; and indeed hath ever hithertowards so done, and doth yet, more especially in the Catholique Empire of the Romans.

33 The Popes do likewise claim unto themselves the spoyles and inheritance of the rest of the Clergy, & therefore have denyed them so much power as to make their wils and dispose of their owne goods. Concerning which wee have already heard the testimony of Nicholas Clemangius; let us now heare what Marsilius of Padua saith;Marsilius in de [...]ens pac. part. 2. cap. 24. Adde 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 Ecclesiasticall preferments in what place soever, to make any testament without leave from him; and hath decreed that their goods shall devolve immediatly to his See, whether they dye intestate or otherwise. Charles the 6 in an Ordinance of his, dated October 6, 1385, registred in the old booke of Ordinances, which is at the Parliament of Paris, folio 114; That our judges doe not in any case permit the goods of such as die, to bee transferred to the Pope; but to their heirs or executors, or others to whom the said goods of right appertaine. And in another of the 18 of February 1406, Certaine Co [...]ectors, and other the Pope of Romes officers particularly for his moneys, have for some yeeres of late oppressed and vexed the Church and Churchmen of our Realme 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 Popes use. Matthew Westminster confirmes 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 covetousnesse, the goods of all such as dyed intestate, not without wrong and damage on the behalfe of Princes. And even till this day they exact and levie certaine taxes of the Stues and Courtesans, whom they tolerate by reason of that infamous gaine which they reap from thence. Nicholas Cle­mangius doth abhorre this villany;Nicholas de Clemang. in tract. de praesul. Simoniac. p. 670. I purposely passe over those things (saith he) which it is a shame to speake; as the open toleration of whoredome for a certaine yeerely summe; and the publique permission of whores and Concubines, who are now called by a common by name, YEERLY KINE. And thus must those verses of Mantuan bee understood, unlesse wee will put some mysticall sense upon them;

Baptis [...]a Man­tu [...]nas d [...] Ni­colao Tolentino. l. 2.
—Roma ips [...] lupanar
Reddita, foemineo Petri domus oblita fluxu
Ad Stygios [...]let us (que) lares, incestat Olympum
Nidore hoc, facta est toto execrabilis orbe.
Rome now a stew's, where Peter once did dwell,
Infect with female flux, doth beastly smell
Downe to the Stygian vaults, up to the skyes;
And is growne loathsome in the whole worlds eyes.

[Page 91] It will not be amisse to adde in this place what the Deputies of Paul the third said concerning this point,Rom [...]sh luxu [...]y. 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 passe 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. Wee have not seene the like cor­ruption in any oth [...]r 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 VVarre.

1 BVt behold a kind of sacriledge which outstrips all the rest: Namely, that they have divers times served themselves of Croysada's for the conquering of the Holy Land, or making warre against the Turks, to make a hand and scrape up mo­ney by that meanes. 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 faithfull people of their money by another tricke; in such sort, as shall appeare to the observing reader in this following script. ‘Such and such a Bishop to our welbeloved sons, all the Archdeacons within our Dioces, greeting. We have received letters from my Lord Legat, the tenure whereof runnes thus; Otho. &c. 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 Apostolique to bee absolved from the vow of the crosse which they had made; ha­ving also received a cōmission from the supreme Bishop, not only to absolue them, but also to compell them to redeeme their vowes; being pleased herein to ease them of some paines and charges: wherefore we command your fatherdome, by virtue of the authority committed unto us & withall intreat you, that you cause this power of ours, granted by our holy Father the Pope, [...]o be forthwith published through­out your Dioces, to the end that the said crosse-bearers may repaire unto us, to receive that courtesie, according to the forme prescribed unto us.’ Speaking of the Councell of Lyons under Innocent the fourth, where the Croisada for the conquering of the Holy Land was agreed upon.

2 As for the businesse of the Crosse (saith he) there were somethings determi­ned at the Councell, Idem Paris. p. 658. very profitably and wisely, but as soone 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 reliefe, by the hands of such as should be appointed for the purpose by the providence Apostolique for as much as the faithfull in the Chu [...]ch have very often complained, that they have beene cheated by the Court of Rome of the mo­ney which they bestowed for the maintenance of the Holy Land.

3 A German Monke and Historian, chargeth Leo the tenth,P [...]ulus Langius in Chron. Citiz. sub. ann. 1513. with levying a great summe of money for himselfe and his Cardinals, under pretence of a warre against the Turke. At the same time he created (saith hee) other thirty Cardinals, of whom he received by compact fifty thousand crownes: hee had put them in some faire hopes, but being either not able or not willing to performe his promises truely out of S. Peters patrimony; however to stop their mouths and keepe covenants, he invented this meanes, or rather this cheat and cosenage [...] to [Page 92] send foure of his Legates into divers parts of the world, Le [...]i [...]s for [...]h holy Wa [...] [...]n Engl [...]nd and [...]. to levie a huge masse of m [...]ney under pretence of a war with the Turke. 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. Hee addes another trick, no lesse impious than the former; Otherwhiles (saith he) he is inforced with great gree­dinesse to scrape up money by hooke and crooke out of all parts of Christendome, but especially out of Germany, by means of his Commissaries sent with his indulgences, under colour of building and repairing S. Peters Church: howbeit Pope Iulius his predecessour, who begun that work with great care and magnificene, left an infinite treasure to that end. Yet the worke begunne goes but softly and slowly on: and no marvell, considering that the stones which are hewen 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 imployed against the Infidels, but distributed amongst the Cardinals and the Popes 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 Croisada's and indulgences to wreake their malice, or strengthen their purposes, to the disturbance and con­fusion of all Christendome. An English Monke of good credit, tels us how Vrban the second had this bad designe, when hee caused the conquest of the Holy Land to be undertaken at the Councell of Cleremont; In the yeer of grace 1095, (saith he) Pope Vrban the second, Guilielm. Mal­m [...]sh. hist. An­gli [...]. lib. 4. [...]. 2. who sat in the See Apostolique, having passed the Alpes, came into France: the cause of his comming which was publique­ly given out, was, that being chased out of Rome by the violence of Gilbert, hee came to sollicite the Churches on this side the mountaines to assist his Holynesse: 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 generall hurly burly of all Provinces, Vrban might with case possesse himselfe 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 Ierusalem 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 crosse of devotion in­to a crosse of revenge. The Pope gave his Legats power to absolve the crosse-bearing King of his vow, dispensing with him for going to Ierusalem, alwayes pro­vided that he should goe into Apulia, to make war upon Manfred, the son of Fre­derick late Emperour, an arch enemy of the Church of Rome. The English au­thour who relates this story, complaines in another place,I [...]em ibid. p. 890. that the tenth was granted for the reliefe of the Holy Land, and we are compelled to turne it to the aid of Apulia, against the Christians.

6 A Croisada for the conquering of the Holy Land being resolved upon at the Councell of Vienna, under Clement the fifth; Philip the Faire and his three sons, as also Edward King of England tooke up the crosse to go thither in per­son, with an infinite number of men besides, Then did Pope Clement (saith an old French Chronicle) grant great indulgences to such as could not goe, but on condition, that they should finde money for that use: So as he that gave a penny was to have one yeers pardon, he that gave twelve pence, twelve yeers pardon, and he that would give as much as would maintaine a man going over seas, a plenary pardon for all. And the Pope appointed certaine men whom he put in trust for the receiving of this money. A man cannot conceive the great summes of money that were given for the purchasing of these pardons for five yeeres together: And when five yeeres were gone and past, and the good men were ready to goe and per­forme what they had promised and vowed, the businesse was brooke 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 crosse stayed here at home. The Saracens there are in [Page 93] peace and quietnesse, and I thinke they may yet sleepe 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 Ecclesiasticall revenues to be levied in some places, under colour of defending the Christian Common-wealth against the Turk, but indeed to put it into his owne purse. This was the cause he found such strong opposition in Spaine, that it was th [...]re resolved by th [...] Clergy Synodically assembled, that they would not pay any thing to it. The Ar [...]hbishop of Toledo did presently inter­pose, and told the Pope by his Proctour, that if his meaning was to make war against the Turk, he should declare himselfe openly, which done they would imploy the best of their abilities, but not otherwise. Which the Pope percei­ving, he disavowed the act of his Legat in Spaine in requiring the tenth, because (said he) he was too hasty, and it should not have been levied yet. But let us heare the Spanish authour himselfe tell the story.Alvarus Gome­cius lib. 7. de rebus gestia Francisc [...] Ximenii. Nor did bee use lesse 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 Councell) required the tenth part of the commodity of their benefices of the Clergy. It was demanded under colour of defending the Christian Com­mon-wealth; for when it was supposed that Selim Emperour 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 Councell, treated with the Fathers there, to have the tenth of their benefices for three yeers, to defend the sea coast, and fortifie the passage against the enemy to the utmost of his ability. This was denyed him by divers, who thought it very hard to see their li­vings overcharged in that kinde, contrary to the decrees of other Councels, 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 necessitie now as at the Councell of Constance under Martin the fifth. For what greater cause could there be to move them, than the preparations of the publique enemy of Christianity for the invading of Italy and Rome? The Clergy of Aragon, (who were im­boldened by the Bishop of Saragossa the Kings Lievetenant there, and liberty which all in that Kingdome enjoy) at their meetings in provinciall Synods, de­termined to deny the payment of those tenths. But forasmuch as it neerly 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 Aragon intreated 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 Predecessours) the immunities of the Clergy to bee so farre prejudiced. Ximenius, who had taken order that it should not be put in execution in Castile, answered them courteously and with all mildnesse, promising them that he would doe whatsoever lay in his power, for the preservation of their Ecclesiasticall 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 Emperour Charles hereabout, and that he hoped the issue would be to their content. Whereupon he thought fit in the first place to ac­quaint the Emperour, to whom he writ his advice to this effect; That seeing the Clergy of Aragon had begunne 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 alledged or no; providing that in imitation of the Kings of Spaine, the Clergy did not meet to determine such controversies else­where than in the Kings Court. On the other side he writ to Arteaga his Pro­ctour at Rome, to goe and greet the Pope with all reverence, and offer unto him in his name, not only the tenths of his Dioces, but even all the commodity, all the moveables of the Churches, all the gold and silver coyned or uncoyned, which could [Page 94] be found in the Priests coffers, The Po [...] demands de­nied in Sp [...]ine. and the Chappels and Churches; but that he should earnestly intreat him withall, openly to declare his purpose and resolution concer­ning the preparation of the Holy Warre. For he would never be a meanes to make the Spanish Clergy tributary (whom hee had appeased, having been already in some commotion) without very just cause. He injoyned his Proctour also to in­quire diligently, what was the determination of the Councell of Lateran concerning those tenths. Arteaga having informed the Pope of these things, together with Lawrence Putius, and Iulius de Medicis, Cardinals, the Popes privado's, they made him answer in this sort; That the Pope had not as yet imposed any tenth upon the Clergy, neither by authority of the Councell nor otherwise: Nor would he impose any but in case of extremity, and when his affaires did not only require, but compell him so to doe, according to the last Decree of the Councell of Late­ran. But he laid the blame upon Iohn Ruffus, Archbishop of Cosenza the Popes Nuncio in Spaine, who had (as they said) divulged these things very iudiscreet­ly. Wherefore the Clergy of Spaine might sleep secure for ought that concerned the paying of tenths. And there was besides a Bull of the Popes shewed to the Proctour, which was shortly to bee published, which concerned the Act of the La­teran Councell. Yet Ximenius, so soone as hee understood all these passages from Arteaga, did not let for all that to call the Clergy together, who met all at Ma­drid, a little before hee went to Tourverte. For Peter Martyr who was present at that Synod, as Proctour of the Church of Granada (as appeares by his epistles) declares how that it was adjudged by common consent to deny that tenth; which consultation was commended by the Archbishop of Toledo, promising to patronize and defend it if need required. It is also plaine, out of the Epistles of Bembus set out under the name of Leo, that this tenth was really exacted, and that it was no flying rumour or opinion. But, as I thinke, in Italy only, or other of the Popes dominions.

CHAP. VI. Of other demandes concerning the abuses of the Court of Rome.

1 COnsequently to what we have already delivered in the for­mer Chapters, concerning the greedinesse and insatiable desire of the Court of Rome, we will set downe this cer­taine complaints and demands exhibited by the States of Germany in this behalfe: The first whereof shall be against the proviso's and clauses made at Rome concerning all ma­ner of benefices, to the defeating of the Patrons, both Ecclesiasticall and Lay, of their right of advowson by divers subtle fetches: And all this for the great wealth the Court of Rome gaines by this meanes, and which is brought in thither out of all the Kingdomes and Provinces in Christendome. This demand deserved to have beene well considered of, yet it was not; it is attended with many grievous complaints hereof made in divers ages. The Statutes of our Kings speake throughly of it, and amongst others, that of Charles the eighth, of the 18 of February 1406; the words whereof are these: Some yeers agoe the Popes of Rome, in despite and contempt of the Decrees of ancient Fathers and Generall Councels, have brought all Ecclesiastical dignities, Cathedral, and Colle­giate [Page 95] under their disposall, Popes en [...]n­ching upon o­ [...]her Bishops. and all others of greatest value next after Bishop­riques; they have granted livings in reversions upon the Vacancie to any that would sue for them, which hath beene an occasion for one to thirst after the death of another: They have invented abundance of tricks, whereby they have utterly annihilated the power and authority of the Bishops, Chapters, and Colledges; in­somuch that there is none now that hath the power to present to a living. Bernardus Cla­revall lib: 1. de 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 mee 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, Symoniacall, sacrilegious, adulterous, in­cestuous, and such like monsters of men, to obtaine, or retaine Ecclesiasticall dig­nities by your Apostolique authoritie, &c.

3 The Bishop of Mende put up this abuse in the Councell of Vienna to bee reformed.Guil Dura [...]d [...] in [...]act d [...] mo­do celebrandi Concil. gener. part. 2. tit. 7. For after he had said that every Bishops jurisdiction ought to be pre­served intire to himselfe, he addes, That Ecclesiasticall benefices which belong to the collation and disposall of Bishops are bestowed by the S [...]e Apostolique, and others, even before they be void, and that not only in the Court of Rome, but out of it, howbeit the Bishops must give an account of the cure, and of those that exe­cute them, whose consciences they are utterly ignorant of, in asmuch as they are none of their preferring. He would never have demanded the reformation hereof, unlesse the abuse had beene notorious.

4 Marsilius of Padua his contempora [...]y tels us as much;Marsilius in 2. par [...]. defens. c. 24. ‘The Bishops of Rome (saith he) reserve unto their owne power immediatly the bestowing almost of al Ecclesiastical Preferments, yea even unto the meanest & basest o [...]i­ces; yea of such as may agree to meere Lay men, for any thing that concernes Churches, by meanes of which reservation, they abrogate and make void all elections how legally soever they were made, though of approved and suf­ficient men.’

5 The Cardinall of Cambray puts this also amongst those things which ought to be reformed in the Church;Pet [...]us de Al­liaco in lib. de reformat. Ec­cles. in 2. consider. It is further expedient (saith he) to pro­vide against certaine grievances which are offered to other Prelates and Churches by the Church of Rome, namely about bestowing of livings and election of digni­ties, Nicholas de Clemangiis makes a very bitter complaint against it in his Book De ruina & reparatione Ecclesiae, 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 farre as Christian Religion reacheth, of all Bishopriques and dignities, which are conferred by election, voyding and disanulling the De­crees formerly made by the holy Fathers, with so much care and commodity, that so they may by this meanes fill their owne budgets the better. And a little after;’ ‘But it may be peradventure that the Bishops of Rome tooke the creation of other Bishops, and disposall of the highest dignities in the Church into their owne hands, quite abolishing all elections, to the end that by their providence the Churches might be the better provided for, and that such governours might bee set over them, as are most commendable for their life, and excellent for their learning. It might bee thought that this were the reason indeed if the thing it self proclaiming the contrary, did not make it ap­parent, that since this custome was used, there have beene none but dunses, worldlings, money men, and such as were raised to those dignities by Simony.’ And againe, ‘But to the end that the rivers of gold derived from all parts, may flow unto them in a fuller streame, they have taken away the power of pre­sentations, and the liberty of bestowing and disposing of benefices by any meanes whatsoever, from all Diocesans and lawfull patrons: Forbidding them, upon paine of Anathema, rashly to presume (for so their writs run) [Page 96] to institute any person into any benefice within their jurisdiction,The Popes in­grossin [...] of [...]hu [...]ch-livings 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. Iohn Gerson in his book De defectu virorum Ecclesiasticorum, where he treats of the Reformation of the Church, and which he presented at the Councell of Constance, saith, Marke what that meanes that now adayes 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 straine; The Prelats 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 lawes of God and man, to the losse of soules, and the oppression of the Churches of our Realme. The Councell 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 disanulled almost all the Decrees of that Councell.

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 doe not undertake to defend them, considering the quality of their persons, the power and authority of the Holy See Apostolique, they shall not be able to re­sist the usurpations and impeachments which any subject of the Realme, and others ambitious of preferment, will make against the electors, which have the right of election or ordinary donation, by censures Apostolique. And by this meanes all this Kingdome, which is already at a low ebbe, and very poore, shall bee stripped and dispoyled of that little money which remaines of the former exactions.

8 A German Paulus Lan­gius in Chron. Citiz. sub ann. 1 [...]1 [...]. Monke complaines likewise, that under Leo the tenth, the elections made by Bishops were quite rejected, and the right thereof devolved to them of Rome. A certaine Card. Zaba­rella in c. licet. extr. de elect. Cardinall complaines, That the Pope usurps all the rights of inferiour Churches, that he ingrosseth to himselfe all power and ju­risdiction, making nothing, as it were, of other Bishops; which he doth not accor­ding to Saint Peters paterne. Marsilius Marsilius Pa­tavin. in def. pac. part. 2. c. 22saith, That the Popes ar [...]ogate unto themselves a coactive power and jurisdiction over the ministers of all Churches of the world, and that they have expressed by their decretall epistles, that the dis­pensing and disposing of the temporall meanes of all Clergy-men belongeth unto them, to doe with them as they list, without ever asking the consent of any Col­ledge or particular person, of what dignity or authority soever. The Parliament of Paris in their Remonstrance made to Lewes the eleventh, say, Remon­st [...]ance 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 begunn [...] to goe about to hinder elections, and let loose the raines to the former inconveni­ences; but that he by good advice and Counsell made an edict, and decree to the contrary. That is the Pragmatique 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 Realme, keepe their right entire, and that every mans jurisdiction be preserved. Item, that Cathedrall Churches and others of our Realme have their elections, and that they be the sole Iudges of the validity of them.’ In another Article 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 yeere 1315, and that of King Philip the Faire, who had formerly made a like Decree. And afterwards King Iohn, the year 1551, con­firmed the said ordinance of his said Grand-Father Philip. All these ordi­nances tend to the repulsing of the usurpations of Rome, from which our an­cestours had so much adoe to preserve themselves.

9 The States of Germany complained also in the processe of their former grievances, that the Pope, not content to usurpe the right of another, in case of elections, and investitures, committed also another intolerable fault in con­ferring [Page 97] benefices and Ecclesiasticall dignities upon ignorant people and stran­gers,Livings besto­vved upon dun­ces or [...]ens. respecting in his elections only his own gaines, not their persons, which were indifferent to him. We have told you already what Cl [...]mangius said of dunces, we will yet adde this out of him; You have seene many, which at their comming from their studies and Schooles; 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 Latine as Arabick; yea, which could not read, and (which I am ashamed to speake) could not distinguish a B from a Bull-foot. He saith as much concerning their manners, declaring how those who were preferd by the Popes, were wholly addicted to vices, and dissolutenesse of life.

10 Marsilius of Padua 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 ordaine such as are ignorant of divinity, meere idiots, and without scholarship, and oft-times 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 wayes which ought to be observed, and which are appointed, to examine and try them; whence it comes to passe, that it being not possible that the Pope should know all men, and the state of the Churches, he admits divers into those dignities who are unworthy of them, and sometimes such as are unknowne to him, but by their money. Pragmatica Sanctio Car. 7. Charles the 7 in his Prag­matique Sanction, saith, That unworthy persons unknowne, and unexamined, are preferred by the Popes to the greatest dignities, and fattest benefices of this King­dome. The States of Tours in their complaint say,V. Libel. d [...] Sta­tu Eccl. Gallic. in schis p. 148. So illiterate people, and not Ecclesiasticall, should be preferred to livings, as we have formerly seene. Amongst the ten grievances which Germany presented to the Emperour 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 bee more fit to governe and feed Mules than men.

11 As for strangers preferred to benefices by the Popes, there have been al­wayes great exclamations, by reason of the many evils & inconveniences which follow of it, which have beene divers times exhibited, but to no purpose. Marsilius of Padua urgeth this abuse, and shewes that many are elected by the Popes,Marsilius Pa­tav. in d [...]f. Pa­cis par. 2. c. 24. who cannot communicate or talke with those who are commit­ted to their charge, Wherefore (saith he, speaking of Iohn 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, hee hath created two Bishops, his owne countrey men of Languedoc, one of Winchester. Silchester in England, the other of Londes in Dacia, over those people with whom they cannot have any conference by discourse. As for their manners and learning, it concernes not me to speake of them. Let the Bishop of Rome tell mee, say I, how that shepheard 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 voyce of his preaching and teaching?

12 M. Iohn Gerson in his treatise De defectu virorum Ecclesiasticorum, Gerson in decl. de defectu viro­rum Eccles. c. 52 wherein he sets downe such things as ought to be reformed in the Church, puts this, That knowne men, and such as are most fitting, be elected out of the same Countrey; that strangers in manners, Language, and education, bee 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 Predecessours, confirmed by the Ordi­nance of his deceased Father Charles the 6, intimated to the Councell 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 non-residence; that the Schooles of the [Page 98] Kingdome 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 Realme unprovided, and strangers preferred; that by this meanes enemies and adversaries may bee acquainted with the secrets of State, and the estate of the Land; that strangers reape 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 priviledges expresse, and Ordinances royall, no man can have any elective benefice within our said Kingdome, unlesse he be a native; and that for the safety of us and our said Kingdome, and Dauphine, it concernes us much that the Bishopriques, Abbeys, and other dignities, and elective benefices be furnished with able and knowne men, such as will comply with us, and be firme and sure for us; especially such as hold the said benefices, and by reason of them di­vers places and fortresses, for which divers 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, Kingdome, 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 Kingdome, and doe hold them; howbeit many of them are strangers unknowne, and not to be trusted by us; and such as neither can nor ought to performe those duties and services, which they are bound to doe 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 meanes strangers would be pr [...]ferred by the Pope, and not the natives of the Countrey, wherein the benefices lye; not of the same qualities and conditions with the Countrey: Where­upon would insue questions and controversies betwixt the Churchmen or Secu­lars, to the great hindrance of the salvation of soules, 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, unlesse he be a naturall Frenchman; notwithstanding any dispensation or clause derogatory to these presents which they can obtaine 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. Con­ [...]il. edi [...]. Colon. ann: 1551. pag. [...]19. That no benefices (say they) in England or Spaine, be conferred upon any Italian, nor on the contrary: Which ought to bee 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 Coun­sell 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 Iustice, and jurisdictions.

GERMANY complained also of suits commenced at Rome concerning benefices;Of drawing suits to Rome which is a very usuall 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 divers clauses in th [...]ir Buls which are sometimes inextricable; they make divers rules beside the law, or else quite a­gainst law, which they revoke at their pleasure; insomuch that the most clear-sighted cannot discerne who hath best right amongst divers pretenders. Hence a­rise infinite suits in law, which they must goe and prosecute out of the Kingdome with great expence and charges.

2 Charles the 7 in the Ordinance made 1422; Divers of our subjects and o­thers, by virtue of resignations, or Apostolique Buls, doe take and receive, and endevour to get and obtaine benefices within this Realme, V Libel: de Sta­tu Eccles. Gal­lic. in schism. p. 75. and take possession of them, and labour to summon, or cause to bee 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 Kingdome are in suit; in the prosecution of which suits, a huge masse of money is strangely spent and squandered away; nor is it certainly knowne to whom the livings doe of right appertaine or belong: Whereupon divine service, instruction of the people, and administration of the blessed Sacraments, are oft-times left off; and the revenue of the livings, whi [...]h should have beene bestowed upon the reparations of the Churches there, is imployed in charges of Law, and suits: Whereupon some great mischiefs and inconveniences have, and doe daily come to passe.’

3 Nicholas de Clemangiis, in his booke 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 addes;Nicolaus de Clemangiis in De ruina & reparat. Eccles [...] p. 5. It is hard to finde any one, though he make his title to appeare as clear as the day, that goes away with a living without all dispute: For then they thinke their Court to be most flowrishing 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 bee lame, miserable and forsaken, when it wants suits and is at quiet; when the incumbents doe peaceably enjoy their right.

4 Cardinall Cusan in his booke De concordia Catholica saith, ‘Wee know the great noise of suits in the Courts both Ecclesiasticall and Civill,Nicolaus Cu­sanus in De Concord Cath. l. 3. c. 40. p. 669. bring much hurt to the Common-wealth, by reason the suits are so intricate and endlesse; but especially for that causes are not ended and determined in those places where they were first conceived, in their owne Countrey: but are oftentimes drawne to the Court of Rome, and that upon every triviall point that concernes benefices; whereas none but causes of importance ought to be brought thither.’

[Page 100] Of d [...]awing suits to Rome5 The Parliament of Paris in the Remonstrance made to Lewes the 11, in behalfe 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 Clergy-man certaine of his estate. For proofe whereof wee may remember how they of the Court of Rome have behaved themselves herein, after it was repealed by the King.’ For they not onely tooke upon them the cognizance of causes Ecclesiasticall, but also of causes concerning ‘right of inheritance; yea and of causes royall, the cognizance whereof belongs to the King and his Court of Parliament; as hath beene seene 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 registred and publi­shed in the said Court.Art. 63. Item, to prove that it is a depopulation of the Kings dominions, it is certaine, that before these decrees and constitutions were made, by reason that reservations and donations in reversion were in force, and the cases tryed in the Court of Rome, the subjects of the Realme left their Countrey in great numbers; some to serve Cardinals, others to be officers, others wanting service spent that meanes 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 tediousnesse and danger of the way, what by reason of the plague, which is commonly at Rome, the most of those that went thither dyed: 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 shortned their dayes, and dyed 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 shortning their dayes; and all the gaines they got was a peece 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 controversie thence arising, all enfor­ced to trudge to Rome againe to plead the case there: to the continuall vex­ation of the subject, and the dispeopling of the Realme.’

Bernard [...] Ab­bas Clarevall. l. 1. de con [...]id. ad Eugen.6 S. Bernard also exclaimes 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 bee content to take up the day; but the very night [...] are not free, there is scarse so much allowed to the necessity of nature, as will suf­fice for the repose of this poore bodie; it must rise againe for these wranglers: one day begetteth suits to another, and one night certifieth his malice to ano­ther.

7 In another place he complaines of the great multitude of appeals, which [...]low to Rome from all coasts of the world;Idem Bern l. 2. de con [...]id. 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 custome; with­out any distinction or difference of place, manner, time, cause, or person; they are easily admitted, and ofttimes impiously. Those that would bee wicked, were they not wont to be terrified with them? but now they, on the contrary, doe 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 beare 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, sacriledges, & such like crimes; appeals are preferred to hinder them from putting backe, or depriving [Page 101] unworthy and infamous persons of sacred offices and benefices. Of appeals to Rome. Which hee afterwards proves by such examples as befell in his time, which wee passe 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 bee crept in, and it be your pleasure to admit all appeals without distinction, the Papall censure will be undone by it, and the power of Ecclesiasticall discipline will be trampled under foot: for what royster 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 himselfe in his owne excrements, upon confidence of his frustratory appeall; 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 staffe, rebate his constancy, quell his severity in put­ting him to silence, and the malefactours 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 Ecclesiastiques by their appeals, but also by other wayes, without sparing of those that breathed nothing but the greatnesse of Rome; as amongst others, Ivo Bishop of Chartres, who after hee had done much good service to the Court of Rome, insomuch that he cast himselfe 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 Apostolicall letters, and rescripts The Ger­man Nation framed likewise a complaint concerning this point, and presen­ted it to the Emperour Maximilian;Fas [...]ic. rerum expetend. p. [...]67 ‘The causes (say they) that might be de­termined in Germany, where there are both just and learned Iudges, are re­moved to the Court of Rome withou [...] any distinction.’

10 The Popes have likewise gone about to usurpe 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 orde [...] of things doth require, that the bounds of jurisdictions be distinct and limited [...] and that every Ordinary content himselfe with his owne bounds, without entrenching one upon another in the exercise of their jurisdiction; yet the Popes heretofore never considered this equity, but sleighting it, have oftentimes cited Laymen to Rome, and made them appeare in judgement before them; and that ev [...]n in causes profane, as cases of inheritance, or morgages, and those of the first rank: Which thing tends to the losse, dammage, and misp [...]ision, not onely 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 affirme upon oath at Rome, that he doth not expect that he can obtain justice of his competent Iudge 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 Iudge, or notice given to the party. Whereupon under pretence of this oath, neither the reasons of not proceeding, nor any other proofes are admitted, al­though it may bee 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 bee devolved to the tribunall of the Court of Rome, and all Ordinaries deprived of their jurisdiction, which would be both unjust and untolerable.’

11 Wee will here set down, by way of commentarie on these Articles, the [Page 102] severall 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. Si Clericu [...] de so­ro competenti. Extr. R [...]monstrance 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 Clergy-men, against Layiques, in all causes whatsoever; and by this meanes 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 sonnes debts, as also M. Iohn d' Argonges, the Kings 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 Civill Court, as the Ecclesiasticall, which ought rather to be restrained, than augmented; inas­much as the psalterie doth not agree well with the Iettren.

12 Other Prelates have done the like, after the example of their Head, wit­nesse the complaint of M. Peter de Cugueres against the Clergy of France; ‘Although the cognizance of Lay men belong to the Secular Iudge, excepting in spirituall cases; yet the Bishops 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 temporall Lords and Iudges, the said Officials refuse to do it, and compell the parties by excommunications to proceed before them.’ Hee quoteth many other cases in divers Articles, which the reader may see in the Authour.

CHAP. VIII. Of Ecclesiasticall informations: and of the Popes Commissaries, and Legates.

1 THe chiefe meanes whereof the Popes have served themselves against Laymen, to get the jurisdiction over them, even Kings and Princes, have beene Ecclesiasticall 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 businesse, or any sinne might follow upon it, which commonly fell out in all causes. And suppose all this failed, the Plaintife needed but sweare, that hee looked for no justice from the Lay Iudge, as the articles of the States of Ger­many have it.

2 Wee have a pretty example in Philip Augustus King of France, who having some difference with King Iohn of England, surnamed Lacke-land, con­cerning the Dukedome of Guyen and Earledome of Poictiers, Cap. Novit. De j [...]diciis extr. which Philip supposed to belong to him, because homage was not done for them; and con­cerning the Dukedome of Brittaine, which was confiscated unto him by the murther of Arthur, King Iohns Nephew, whom he had killed; hee was sum­moned to Rome by Innocent the third, upon the information made by Iohn, sup­posing that the Pope ought to have the determining of their controversie, by [Page 103] reason of an oath upon the setling of the lands formerly made betweene the two Kings,Attempts upon the Civill ju [...]is­diction in France and Engl [...]nd. and the violation thereof: concerning which hee writ at large to the Bishops of France, that they would approve of his procee [...]ings, which was so well liked by his successors, that they canoniz'd his Decretall, which neverthelesse hath beene disliked by some Devines. And for the Canonists,Gabriel Biel supra Can. Mis­sae. lect 75. Hos [...]iensis & al [...]i in cap. No­vit. de Iu­dic. extra. some of them have said, that the Protestation which he makes at the beginning of it, contradicts the Act it selfe; in as much as he declareth that hee will not meddle with the jurisdiction of the Kings of France, which neverthelesse hee did; for the feudall differences being determined by the Peeres of France, betwixt Philip the Lord, and Iohn the Vassall, yet the Pope would have his Legats to have the cognizance of them; for heark how he speak [...], That Philip would patiently suffer the Abbat of Casemar, and the Archbishop of Bourges to have the full hearing, whether the complaint put up against him be just, or his exception legall. The observations of learned Cujacius up [...] that Chapter are remarkable.Cujacius in d. c. Novit. de Iu­dic. extr. He protesteth (saith he) doing one thing an [...] [...]etending another, not to intermeddle nor usurpe the cognizance of the fieffs belo [...]ging to the King, which he knoweth to appertaine to the King and the Peeres of France, but onely to have the cognizance of the perjury. And he afterwards addes; All this he wrote to appease the Prelates of France, and beare them in hand that he proceeded justly against their King, and put all his Kingdome 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 doe record. Loe 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 Kingdome, perceiving out of our deepe judgement, that the Kingdome was not got by Law written, nor by the ambition of Clergy­men, but by the sweat of warre, doe enact and ordaine by this present de­cree, and by joynt oath, that no Clerke nor Layman shall sue one another be­fore the Ordinary, or Ecclesiasticall Iudge, unlesse it be in case of heresie, marriages, and usury, upon paine of confiscating all their goods, and the losse of a limbe to the transgressors hereof: for which certaine executioners shall be appointed, that so our jurisdiction being resuscitated may revive againe, and those who have enriched themselves by our poverty (amongst whom God for their pride hath raised up prophane contentions) may be reduced to the state of the Primitive Church, and living in contemplation may shew us those miracles which are fled out of the world a long time agoe, and wee in the meane time lead an active life as it is fitting.’ The Historian addes, ‘The Pope having heard these things, sighed with a troubled minde, and desiring to appease their hearts, and breake their courage, after hee had admonished them, he frighted them with threats, but he did no good for all that.’

4 The King of England, in imitation of our French, made also a Statute for the preservation of his justice.Matth. Paris. in Hen. 3. p. 705. The same yeere 1247 (saith Matthew Paris) the King of England following the example of those Lords that made these Sta­tutes in France which were approved and sealed by their King, to tame in part the insatiable greedinesse of the Court of Rome, ordain'd that these things following should be inviolably observed. To wit, that Laymen should not be con­vented before an Ecclesiasticall Iudge in case of perjury, or for breach of promise. Gregory the seventh kept a fine decorum, when after hee had deposed out of hand the Emperor Henry the fourth, when he was doing his pennance at Rome, and created Ralph in his stead, he would afterwards be the judge of their con­troversie, to see whether had the wrong.Helmoldus Presbyter in Chron. Slav [...] c. 28. A Germane Priest makes mention of the pennance appointed to the said Henry, whereof wee speake in another place: he saith moreover, that in the time of the vacancy, The Pope sent a [Page 104] crowne of gold to Ralph Duke of Suevia,The Popes in­termedling wi [...]h Kings, Crown [...]s, and dignities. accompanied with a verse which we have cut into two as good as the Latine.

Petra dedit Romam Petro, tibi Papa Coronam.
The Rocke gave Peter Rome in fee:
The Pope bestowes the crowne on thee.

He addes, that the Pope commanded the Archbishops of Mayence and Cullen, and other Princes and Bishops of Germany to take Ralphs part, and to make him Emperour; which was done accordingly. That the Bishop of Strasburg, the Em­perours great friend, going to Rome, after hee had sought him diligently a long time through the City, and found him in the places consecrated to the Martyrs, and told him of the new election, and how much it concerned him to goe to Germa­ny in all haste, to [...]ll, [...]nfort [...]his friends, and repell the force of his enemies, the Emperour making [...]omewhat nice of departing without the leave of the Sea Apo­stolique, the Bishop enformed him that all the mischiefe of the treason proceeded from the Romane treachery, and that it was necessary he should flie away privily, if he would avoid being taken.

5 The case being thus, let us now heare the narration which Gregory made hereof, in his Bull of excommunication, and his pretence for the judgement. ‘Certaine Bishops,Platina in Gre­gorio 7. and Princes of Germany (saith he) having been a long time vexed by that wilde beast, in stead of Henry, who fell from the Empire by reason of his offences, chose Ralph of Suevia for their head and King; who, using such modesty and sincerity as befits a King, sent his commissioners forth­with unto me, to give me to understand that he undertooke the managing of the Empire against his will: That notwithstanding hee was not so desirous of reigning, but that he lov'd rather to obey us, than those who promised him the Empire: That he would be alwayes under our power and Gods; and to the intent we may be assured that he will be so, he hath promised to deliver his children unto us for hostages. From thenceforth Henry hath be­gunne to vexe himselfe, and intreat us at first to repell Ralph from usurping the Empire, by anathema's: I replyed that I would see who had the right, and that I would send my Nuncio's to examine the whole businesse, and after­wards I would judge who had the better cause.’

6 They have gone so farre in this point, that they have attempted to exer­cise jurisdiction over Kings and Princes in their owne cause;Matth West­monast. lib. 2. sub ann. 1301. p. 419. as Boniface the eighth, who having a controversie with King Edward the first of England tou­ching the Realme of Scotland, which the Pope said belonged to the Church of Rome, he writ to him, That if he pretended any title to the Realme of Scotland, or any part thereof, he should send his Proctours and speciall Ambassadours to the See Apostolique, with all his rights and instruments belonging to that particular, there to receive full justice upon the premises. The King of England caused answer to be made unto the Pope by the chiefe Lords and Barons of his Kingdome assembled together in Parliament (as they call it) where they say concerning this point,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 Kingdome, or other temporall matters, before any Iudge Ecclesiasticall or Civill, by reason of their royall dignity and prerogative, and the custome inviolably observed in all ages. Wherefore after mature deliberation and advice about the contents of your letters, the common and unanimous consent of all and every one of us was, and shall be without starting for the future, that our King ought not any way judicially to make answer before you concerning his right to the Kingdome of Scotland, or other temporals, nor in any wise submit to your [Page 105] sentence, or bring his right in question and dispute,Of turning Lay men into Cle [...]gy m [...]n. or send his Proctours and Ambassadours before you for that purpose: and we doe not allow nor will in any wise allow, what we neither can nor may, that our King, (if he would) doe the said things which are inusuall, unlawfull, prejudiciall, and unheard of; nor that he goe about to doe them in any wise.’

7 Innocent the fourth (saith another Historian) caused Henry the third King of England to be summoned before him to answer to one David a vas­sall of his, and to give him satisfaction, as hee said,Matth. VVest­monast. l 2. sub ann 1246 pag. 206. for some injuries which hee had done him: this thing was derided and made a mocke of among many.’

8 They have not only attempted to determine of profane matters between Lay men; but which is more, to disanull and correct the sentences of Empe­rours and Princes, having caused their Arrests in this kind to bee enrolled in their books, as marks and Trophies of their victories, and to serve for perpe­tuall presidents for the future.Clementin. Pa­s [...]is de sen­tent et re judi [...]. So Clement the fifth cassed the sentence and proceedings of the Emperour Henry the sixth, or the seventh against Robert King of Sicily [...] his vassall in case of treason. Heark how he speak [...]s of it; We aswell out of the superiority, which without question, wee have over the Empire, as out of that power, by virtue whereof we succeed the Emperour 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 confer'd 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 Doctour 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 doe nere a whit taste of it; and herein the Pope hath beene more partiall than Apostolicall.

10 Now because the Popes found some resistance now and then, when they attempted the jurisdiction over Lay men, to make the streame of their usurpation run more even, they begun to metamorphize Lay men into Clergy men, or (to speake more properly) to dresse them up in a Maske, and make them appeare such when they came to them. Marsilius of Padua hath de­tected this policy unto us; Boniface the 8,Marsilius Pa­ [...]avin. in de [...]. [...]a [...]. part. 2 c. [...]. (saith hee) to enhanse his Secular jurisdiction, ranked all such amongst the number of Clergy-men, 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 [...] Civill Lawes, 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 doe so with all the rest. But if all those that be of this kinde, bee thereby exemp [...]ed from the juris [...]iction of Pri [...]ce [...] accordi [...]g 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 u [...]learned as learned.

11 M. Peter Cug [...]ores said the very [...]e in his pleadings;Petrus de Cu­g [...]eriis in arti­cul [...]s La [...]cor [...] contra Praelato [...] c 23. p. 21 [...]. To the end that the Ecclesiasticall Court may be enlarged. (saith hee) 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 appel. Centum Gra­vam [...] [...]. 12. one of our [...]ost ancient law commentatours, The Popes Court [...]o [...]ld gladly have all the world to bee squ [...]azed in it, so great is their insatiable desire of [...] and [...]

12 The States of Germany [...] [...]efo [...]ation in respect of the Popes [...] and Delegates, which [...] all Provinces [...] and [Page 106] which are ever a meanes to augment both his power and riches.Of the Popes Commissaries and Legat [...]. ‘The Popes Holynesse (say they) upon the request of the Clergy, is wont to send his Com­missaries and Delegate Iudges through Germany, as Iudges Ecclesiasticall, to the end that the plaintives that procure them may cause Lay men of what ranke and quality soever, to be convented before them in judgement for pro­fane matters.’

Lib de Statu Ec­cles [...] Gallic. in schismat. p. 75.13 The Peeres of France complained likewise of these Commissaries and De­legates in the time of S. Lewes, as wee have seene proved already out of the place before cited. So Innocent the third delegated the Abbat of Casemar, and the Archbishop of Bourges, to judge the controversie betweene the King of England and France.

14 Charles the seventh speaks of these Commissaries in his Ordinance of the yeer 1422; Divers (saith he) doe endeavour to cite our subjects, or cause them to be cited in the Court of Rome, or before certaine Commissaries or Delegates of our Holy Father, which is directly to offend against the liberties and priviledges of the Church,

Concil. Trid. Sess. 25. c. 10.15 So farre is the Councell from providing against this complaint, that poynt blanck to the contrary it hath ordained certaine delegated Iudges, whom it will have appointed and sent into every Diocese, to the number of foure or upwards; according to the nomination which shall be made in the Provinciall Synod, or Councell of the Diocese, so as the names be sent to the Pope: As if there were not Iudges enough already, even Ecclesiasticall, but they must needs proceed to a new creation. Which mainly concernes Kings and Princes, without whose will and consent, new Iudges cannot be established within their Dominions.

16 They addressed a complaint also against the Popes Legates, which are his Quaestors and Treasurers, whom hee sends into the Provinces; who like those that traffique in Peru, bring us little guegawes, to transport our gold for them: Yea which proceed further now adayes, and embroyle 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 lawfull for such Legates to legitimate bastards, incestuous persons, and such as were got by a damnable co­pulation,Centum Grava­mina c. 9 [...]. so as to qualifie them to inherit with other legitimate children, and make them capable of all offices and dignities.

17 This power hath beene 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 Car­dinall 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 unlawfull and damnable conjunction,See the Grand R [...]ueil des Ordonnances de Fontan [...]n. tit. 4. des Legats. Extant. Parifiis excusae hae fa­cultates, apud Vincen [...]ium Sertenas ann. 1561. Espensaeus in comment. in ep. ad Titum. c. 1. digress. 2 [...] p. 66. joyntly or severally, so as they may bee admitted to their fathers 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 publique as private; and to exercise them in like manner, as if they had been truely begot in true and lawfull Matrimony; and to cleare them and take a­way all staine of birth, and restore them to their originall legitimate rights of nature.’

18 Espensaeus exclaimes against these legitimations, and condemnes them as illegitimate; ‘What shall wee say (saith he) of this, that by meanes of this money, they legitimate bastards, or such as are begotten by a damned con­junction, in unlawfull marriage against the lawes of God, the Church, and the Prince; making th [...]m capab [...] an [...] fit for the administration of all places and dignities, and to share equa [...]y in the inheritanc [...] with the lawfully begot­ten.’ [Page 107] Hee disclaimes also divers other Articles of these kinde of faculties,Of th [...] faculties of the L [...]g [...]ts. as appeares by the passage which we have urged elsewhere, speaking of the pe­nitentiary taxes of the Church of Rome.

19 This power was never more than imaginary in France; for Legates were never permitted to exercise this faculty there, as being contrary to the Lawes of the Land, and indeed heark what the Collection of the liberties of the Gal­lican Church saith concerning this point; ‘The Pope cannot legitimate ba­stards and illegitimate persons,Recueil des li­bertes de l' E­glise Gallican [...] c. 14. so as to make them capable of succeeding, or being succeeded by others, nor to beare office, and purchase temporall e­states in this Kingdome.’

20 Many other abuses might be here alledged which are committed in these faculties, as they call them, & that in particular, which is so ordinary that it can never be forgotten: To derogate from all Decrees of Councels, and dispense with them, or (as others terme it) to put a dorre or obstacle before the Councell, and other Constitutions derogatory to them. Of which abuse Gerson speakes thus:Nicolaus Cusa­nus l. 2. c. 20 [...] It is not lawfull for the Pope to make so much adoe about these obstats which are ordain'd in Generall Councels. Cardinall Cusan in his booke De Concordiâ Catholicâ, makes a large Chapter of this. But we should have enough to doe if we would seeke out all the abuses and usurpations of the Court of Rome.

CHAP. IX. Of the Popes usurpation of Lordships, and Kingdomes.

1 THey have laboured hard to usurpe Lordships, Kingdomes, and Empires, insomuch that they quite forgot the care of Spirituals. Two maine causes have moved them hereunto, Avarice and Ambition. We shall here prosecute onely so much as concernes the first, or at least as belongs jointly to both.Mar [...]ilius [...] Pat in def. pac. part. 2. c. [...]5. Marsilius of Padua, Not content with those Tempo­ralls, which were bestowed upon them by Princes, by reason of their insatiable ap­petite they have seized upon many temporall things that of right belong to the Empire, as the Cities of Romandiola, Ferrara, and Bononia, with divers other possessions, and many lands, and Lordships, then especially when the Empire was vacant.

2 Langius reporteth a passage out of the Chronicles of Engelbert Wester­ [...]itz, Paulus Langiu [...] in Chron. Citi­zens. sub ann. 1405. a Clerke of Brandenburg, where as much is said of the City of Rome, ‘The keyes whereof (saith he) were presented by the Citizens to Innocent the seventh, with branches of Palme trees, and the temporall dominion thereof granted unto him. but with little equity and commendation; forasmuch as the abundance of temporall things are no little impediment to spirituall; and the Pope, who is Saint Peters successor, ought not to take this dangerous temporall dominion upon him; for we never reade that in former times, even after the donation of Constantine, (in which our curious Canonists doe great­ly hugge themselves) that any Pope did administer the temporall dominion of the City of Rome: but in these latter daies, and within our memorie some Popes have ventur'd to meddle with it, thereby heaping upon themselves both cares and troubles; howbeit, from all antiquity, Rome was ever the roy­all and imperiall City, else he that should be lawfully preferred to the Empire [Page 108] by the Electors deputed,Popes usurpa­tion in Rome, Fr [...]nce, [...]nd Pol [...]nd. whosoever he were, should be vainly and idlely called the King of the Romanes, as commonly hee is by the ancient Histo­rians.’

3 There is nothing here but very true: and yet our Popes, beside the dona­tion of Constantine, Can. Ergo Ludo­vicus. dist. 63: have forged us another made by Lewes the Gentle, who bestowed upon them the City of Rome in expresse termes, howbeit the ancient Historians speake not a word of it, and it is plaine they never enioyed that right till within this little while, to wit, after the time of Boniface the ninth: who being intreated by the Roman [...]s to remove his seat from Avinion to Rome for the great gaines which they presaged they should reape by the approching yeere of Iubilee, he being arrived there, seized upon the Cittadell of the Castle of S. Angelo, and made himselfe master and commander of the City for him and his successors. But let us heare the testimonie of Guicciardine concerning this.

Franc. Guicci­ [...]rdine in his history of Ita­ly l. 4.4 ‘Being returned to Rome upon these conditions, while the Romanes were busie about the gaines that yeere 1400, the Pope having got the command of the City, fortified the Castle of St. Angelo, and bestowed a garrison in it, whose successors till Eugenius, although they were troubled with divers dif­ficulties, yet having fully established their government for the future, the suc­ceeding Popes have ruled the roast at Rome at their pleasure, without any con­tradiction.’

5 But we shall speake more at large of such usurpations as these hereafter; we will onely observe, that the Popes were ever so crafty in the managing of Empires and Kingdomes, under the pretence of spiritualty, as to pick out some­thing alwaies for their owne advantage.Matth West­monast. l. 2. sub ann. 1301. Polydor. Virgil. l. 17. Anglic. hist. So Boniface to take up the quarrell which was betwixt the King of England and Scotland, whom the other King pretended to be his vassall, came in play as to assist the Scotch, Affirming how that Kingdome belong'd of right to the Church of Rome, and that it was in his power onely to give it or take it from whom he pleased: which he affirmed so as that hee would needs bee the Iudge himselfe, but hee met with a people that would not beleeve him.

6 A certaine King of Poland called Casimire, being turned Monke, and en­ [...]red into the Abbey of Cluny 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 reigne and to marry: but, for the pot of wine, ‘It was ordained by the Pope, that the Polanders should pay a yeerly pension to S. Peters Church in Rome, for maintaining of candles, which is called in Polonish, Snatro Petre, that is, S. Peters Saint.

7 Charles of Anjou, brother to S. Lewes the King, was by Clement the 4, who prosecuted the designe of his predecessour Vrban the 4,Platina in Cle­mente 4. Declared King of Ierusalem and Sicily with this condition, that he should pay fourty thousand crowns yeerly to the Church of Rome by way of fee. Wherein two usurpations are re­markable [...] one in the manner of the fee which Peter Anaclete the anti-Pope had formerly laid upon Sicily:Albertus Cran­tzius Norman. l. 4. c. 16, 17. Matth. Paris. in Iohan. 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 Kingdome of England, where excommunication was openly profaned. King Iohn of Eng­land being at enmity with the Lords of the Land, by reason of certaine inju­ries pretended to be done unto them by him, was excommunicated by Inno­cent the third, the yeere 1513. This excommunication was carried from Rome by Stephen Archbishop of Canterbury, William Bishop of London, and Peter Bishop of Ely, who thundred it out in France, where that King had then cer­taine Earledomes and Duk [...]dome [...],Verba Matthaei Westmonast. p. 92,93. after they had acquainted King Philip Au­gustus with the whole businesse, ‘Whom those Bishops commanded, as also [Page 109] all others for the remission of their sinnes,Popes u [...]urpi [...]g u [...]on the c [...]vvn of E [...]gl [...]nd. that invading England in hostile manner, they should depose King Iohn from his crowne and dignity, and sub­stitute another worthy of it [...] by the authority Apostolique. The King of France having such a wi [...]ed occasion offered,Se [...]tentia [...]adē etiam apud Pa­risiensem. made ready for warre [...] and mustered up an army: But in the meane time, (behold the fraud,) while the comming of the King of France was expected by sea, Pandulphus the Popes Legate, comming out of France, goes to King Iohn, tels him what eminent danger hee is in, shewes him how hee is utterly undone, unlesse hee shadow himselfe under the Popes wings. The King having learned from him how this protection might be, sweares upon the holy Evangelists, in the presence of the same Pandulphus, that hee will submit unto the judgement of the Church.’ Which judgement of the Church was, that this poore King should be a vassall, a slave, and tributary to the Church of Rome. Heare the words of the same Authour ensuing immediatly after [...] Idem West [...] ­nast. p [...] 93 [...] ‘Then hee resigned the Crowne of England to Pope Innocent, and did homage unto him, bringing a most free countrey into bondage, to be made King of his owne Dominions, and that with a tribute, having framed an instrument hereof to be pitied and abhorred of all those that understand it.’

9 Hee that would read the Conveyance may finde it at large in the Histo­ries of Matthew Paris, and Matthew Westminster; wee will here relate so much of it as shall serve our turne; ‘Wee offer and give unto God [...] and to his blessed Apostles Peter and Paul, to our mother the holy Church of Rome, to Pope Innocent the third, and his successours, all the right of Patronage which we gave to the Church of England, together with the whole Realmes of England and Ireland, and all their rights and appurtenances, for the remission of our sinnes, and the sinnes of our progenitors (as well alive as dead) and re­ceiving at this present from God and the Church of Rome, all the premisses as a vassall and feudatary, for which we doe liege homage, and promise fealty to Pope Innocent and his Catholique successours.’ And afterwards. ‘And in witnesse of this our gift and grant, we will and decree that the Church of Rom [...] receive yeerly a thousand Markes [...]erling of the proper revenues of our said Kingdomes, besides the Peter-pence.’

10 After this, that honest Iohn 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 readinesse to passe over into Eng­land with great forces.’ So Matthew Paris. Another relates it thus. ‘The King of France being cozened by the many talks and faire words of the Popes Nuncio's, seeing King Iohn sheltered under the shield of the Court of Rom [...], gave over his enterprise after he had spent fourty thousand pounds upon it, receiving thereby a great deale of shame.’ Thou wrongs him, Englishman, Matt [...] West­mon. ubi su [...]. it is the sanctity of Rom [...] which should have blusht at it rather.

11 This history with divers others of this kinde which wee could urge, prove that to be true which Marsilius of Padua witnesseth. ‘The Bishops of Rome (saith he) having thus broken the ice, they first excommunicated some, under pretence of labouring for peace and unity amongst the faithfull people of Christ, whereas it is indeed because they refused to stand to their judge­ment. Afterwards passing sentence against them both reall and personall, and very roughly against some (namely such as are of least abilities to resist their power, such are particular persons, and common-wealths in Italy) more mildly against others, as Kings and Princes, whose assistance and coactive po­wer they are afraid of (on whom notwithstanding they incroach by little and little) and they endeavoured ordinarily to doe it by usurping upon their juris­dictions, having the boldnesse to throw at all at once [...] by reason whereof, their close prevarication hath hithertoward [...] kept secret, forasmuch as con­cernes [Page 110] the Emperours of Rome and their subjects;Of the Popes Kindred. yet so as that now they say they have all the coactive temporall jurisdiction.’

12 The Emperour Frederick the second being excommunicated by Gregory the ninth, could not make his peace with him without a great summe of mony. ‘He obtained it not (saith Platina) till he had given twenty hundred thou­sand ounces of gold to the Church of Rome, Platina in Greg 9. p. 167. Blondus l. 7. decad. 2 p. 282. for the damages which hee and put it to, and till he went in the habit of a supplicant as farre as Anagusie to the Pope: About the yeere 1338.’

13 Lewes King of Hungary was compelled to buy Campania at a deare rate of Clement the sixth, which belonged to him as heire to his brother Andrew. ‘About this time (saith Aventine) the King of Hungarie's Oratours stucke fast in the same mire at Avignon. Iohannes A­ventinus, ex Iohanne Mysta Strigenen [...]i, l. 7 annal Boiorum p. 627. Lewes King of Hungary, that he might not bee excluded from his brothers kingdome, bought Campania the inheritance of his brother Andrew, which was set to saile by the Pope, and gave him two millions eight hundred and sixty thousand crownes for it.’

14 Now these great treasures which they rake up together, are partly for themselves, partly for their children, nephewes, and other kinsfolkes, which are oftentimes seene to be both beggars and Princes on one day. For the first thing they doe after they are setled, is to preferre and ennoble their kindred, and divide amongst them not any pettie summes of money, but whole Earle­domes, Dukedomes, and Principalities, to make them Generals of Armies, and such like things, so as all the pompe and magnificence is for them.

15 This was in fashion in Marsilius de Paduaes, age, who lived about 336 yeeres agoe; for speaking of the Popes, he saith, ‘They either bestow when they are alive,Marsilius Pat. in des. pac 2. part c. 11. p. 201 or bequeath when they are like to dye, as great summes of mo­ney as they can; not upon the poore, but upon such as are linckt with them in affinity or otherwise, however they bee, robbing the poore of them.’ The author of the Vergers dreame makes the Knight speake thus:Le Songe du verger c. 24. ‘Ye never con­sider the goods of holy Church which your children, your nephewes, your parents, and sometimes other lewd persons catch away.’

16 Rodericke Bishop of Zamore in Spaine, and Constable of the Castle of St. Angelo, Rodericus ep­isc. Zamorensis in Speculo hu­manae virae. impress. Bisun­tii. ann. 1488. in his Booke entitled The mirrour of mans life, dedicated by him to Pope Paul the second, about the yeere 1488. amongst other cares and incon­veniences of the Popedome reckons this for one: ‘First (saith hee) dome­sticke care is an hindrance; and besides, that most unjust greedinesse, and (as I may so say) most enraged madnesse of preferring their parents, of perpetua­ting their family,Frances Guic­ciardine in his fourth book of the Histo [...]y of I [...]ly. their kindred, and the whole generation of such as are de­scended of their blood; for some Popes would not have one onely, but many great families and noble houses owe their originall to them, and have honou­rable principalities springing from them.’

17 These are they of whom those words in the ordinance of Lewes the 11, made the 16 of August 1478, ought to bee understood. ‘It is a strange thing (saith he) that the unjust exactions of the Court of Rome should bee suffered; such are their expectative Bulls, and other like knackes, their money for va­cancies, which is levied contrary to the holy Canons and Decrees, and contra­ry to the determination of the Catholique Church and sacred Councels, that what is so gotten may bee employed in purchasing of Earledomes and Lord­ships, to bestow upon people of meane condition, and to preferre them with­out any precedent merit, without any service or use which they can doe to the Church, or for the defence of the faith.’

18 Francis Guicciardine in the fourth booke of his history of Italy, in the discourse which he makes of the Popes of Rome (which hath beene expunged by some It is effaced by the Inquisi­tion out of the Originall in in most editi­ons, but the English reader may finde the whole passage set forth by Dallington, vvith a discourse upon it. As al­so annexed to The history of the Councell of T [...]ent. cozeners) amongst other vices and abuses which he observes in the Popedome thi [...] is one, ‘An earnest and everlasting desire of preferring their [Page 111] children, their nephewes, and all the rest of their kindred and allies,Of the luxu [...]y of Po [...]s. not one­ly to inestimable riches, but also to Kingdomes and Empires.’ And a little af­ter; ‘To exalt their kindred, and rai [...]e them from a private state to principa­lities, they have of late yeeres beene the authors of warres, and the firebrands of the late combustions in Italy. We heard before what the same author told us of the Indulgence money of Leo the tenth, how it was bestowed to the use and petty pleasures of his sister Magdalen.

19 We will conclude this discourse with a passage out of the same author, which will bring us upon another.Guicciardinc in his fourth book of the history of Italy ‘Their study and businesse is not onely (saith he, speaking of the Popes) holinesse of life, nor the propagation of re­ligion and charity towards God and men [...] but armes and warres against Chri­stians, handling sacred things with bloudy thoughts and hands; but an infinite desire of money, new lawes, new trickes [...] new inventions to [...]nhanse their rents from all parts; for which ends they shoot out their coel [...]tiall arrowes, they most impudently practise a trade and traffique of all thing [...] sacred and profane; whereby their riches being augmented to an excessive greatnesse, and scatte­red over all their Court, have brought forth pride, luxury debauched manners, and most abominable pleasures.’ See here the saying of a ringleader and con­ducter of the Popes army, of one who was Leo the tenths favourite.

20 Let us pa [...]se a while upon this luxury which he speaks of, and set down the complaint which divers others have made against it: First, that which S. Bernard saith to Eugenius the 3,D. Berna [...]dus lib 2. de consi­derat. ad Euge­nium Papam. I doe not spare you here (saith hee) that God may spare you hereafter; shew your selfe a sheepheard towards this people, or else confesse that you are not so; you will not deny that you are, leas [...] you should deny your selfe to be his successour, in whose See you sit, that Peter, who for ought that wee know, never went adorned with precious stones, attired in silks, and cloa­thed in gold, mounted upon a white palfrey, surrounded with a guard, attended with a great many Lackeys; and yet for all he had the power, without all these, to accomplish that saving commandement, If thou love me [...] feed my sheep.

21 Iohn Sarisbury Bishop of Chartres, who lived about 1180, saith,Ioannes Saris­buriensis in Po­licratico l. 6. c 24. That the Pope is burthensome 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 Padua. Marsilius Pata­vinu [...] in def. paci [...] part. 2. c. 11. Let them tell me, I pray them, with what conscience, according to Christian Religion, they spend the goods of the poore, living after a worldly fashion, upon so many unnecessaries in horses, servants, banquets, and o­ther vanities and delicates, both secret and publique? They, I say, who for the ministery of the Gospel, ought to be content with food and raiment; according to the Apostles appointment in the first to Timothy.

CHAP. X. Of the injust power of the Popes.

The Popes flatterers.1 ONe of the maine poynts touching the reformation of the Popes, is the unbridled and redoubted power which hee challengeth both in spirituals and temporals; consi­dering that hee pretends to have an absolute and sove­raigne power over both: It were fitting, me thinks, to set bounds to the plenitude of that power which hath neither banks nor bottome; to him that extends his ju­risdiction over all the world, even as low as hell and purgatory, as high as hea­ven; which takes hold of great and small, Clerks and Laiques, things sacred and profane; which hath set all the Church, yea all Christendome, by the ears together; which is the source and fountaine of all our miseries, and a­gainst which there have beene so many complaints exhibited upon this oc­casion.

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 accesse to the audience of certaine Popes, by reason of certaine flatterers which magnified and exten­ded their power too much: perswading them that they were Lords para­mount of all, and might doe any thing what they list: from this spring have so many miseries in great flouds overflowed the Church, that shee is now quite overborne and drowned.’ See here what they say, who were conjured by the Pope upon oath, and upon paine of excommunication, to tell him the truth of all that required reformation. Wee have formerly observed a place in Za­barel of the like straine with this.

Ioannes Ger­son de potest. E [...]cles. Confid. 12.3 Master Iohn Gerson in his book De potestate Ecclesiae, hath the very same; ‘On the other side, (saith hee) upstarts cunning and glozing f [...]attery, whispers the Clergy, but especially the Pope, in the care. O how great is the height of your Ecclesiasticall power! O sacred Clergy, all Secular authority is but a toy in comparison of thine; seeing that as all power is given to Christ both in heaven and in earth, so Christ hath bequeathed all to S. Peter and his successours: So that Constantine gave nothing to Pope Sylvester, which was not originally his owne, but only restored unto him what he injustly de­tained from him. Againe, as there is no power but is of God, so there is no­thing temporall or spirituall, Imperiall or Regall, which is not of the Pope, upon whose thigh God hath writ, King of Kings, and Lord of Lords. So as to dispute his power is a kinde of sacriledge. To whom no man may say, Why doe you so? although he should exchange, purloine, of sell all the tem­porals, the goods, lands, and lordships of the Church. Let me be a lyar if all these things are not written by such as seeme to bee wise men in their eyes, and if they have not beene beleeved also by some Popes.’

Marsilius in def pac. part. 2 [...] c. 25.4 So Marsilius of Padua in many sundry places of his Defensor Pacis, par­ticularly in the second part, and twenty fifth Chapter; ‘They have taken up a title (saith he) which they arrogate to themselves, and which they would make an instrument of this wickednes, namely the plenitude or fulnes of pow­er; which they say was given to them in particular by Christ in the person [Page 113] of St. Peter as that Apostle's successours: By reason of which accursed title,Plenitude of the Popes povve [...]. and their sophisticall manner of discourse, they use a certain captious kinde 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 terme in the sense whereby it signifies an universall cure of soules, and the power of absolving men from sinnes 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 univer­sall authority and supreme jurisdiction, or coactive soveraignty over all Prin­ces, all people, and all temporall things.’

5 Gregory of Heymburg, a German Lawyer who lived in the time of Pius the second, about the yeere 1460, saith,Grego [...]ius Heymburgensis in De consut. primat. Pap in princ 2 part. After this the Popes being carnall, have presumed so far as to arrogate unto themselves a fulnesse of power, by virtue of their Decrees, (as if that were an authentique booke) which they cannot prove out of Scripture: Yea so far forth as that Adrian the second denyed his benediction to Frederick the first, when he asked it as his predecessours were wont to doe, and that because he held the left stirrop when the Pope alighted off his horse, and not the right, as the Pope desired hee should have done. Good God what a proud fellow was this! And after hee hath set downe the meanes which they used to arrive at this plenitude, and given some examples of them, he ads, Well may our Popes call and write themselves Christs Vicars and S. Peters, considering what wee 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 ahout the yeer 1400,Petrus de Fer­rariis in form. Opponend. Con­tra testes. in ver. Contra jus. p. 164. in his pleadings of law, saith; As for Plenitude of Power, which is used of l [...]ter times to be ascribed to the Popes priviledges and rescripts, it is against God and all law, to the perpetuall detriment and everlasting infamy of their soules.

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 Kingdomes, as doe also other Popes of whom wee shall speake 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 Catholiques have ever denied them. We wil 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 owne books, or out of such Doctours and interpreters of theirs, as are avowed and approved by them. Behold here one of them in the first place which seemes to comprehend all; Lanc. Conrad. in Templo om­nium judic. l [...] 2. c. 1. §. 4. That the Pope is holden to be Christs 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 downe the rest in order.

  • The
    Baldus in l. Rescripta. C. de praeci. Imper. off nu. 7.
    Pope alone hath all the dignity and power which all Patriarchs ever had.
  • The
    Baldus ibid.
    Popes power is greater than the power of Saints.
  • The
    August. Tri­umphus ( [...]ive de Ancona) in De potest. Ec. q 18. art. 1.
    Pope, to whom is committed the government of the Vniverse, excels all Angels in jurisdiction.
  • The
    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
    Idem ibid. art. 3.
    Pope is greater than the Angels, as touching dominion, not in respect of himselfe meerly, but by authority from God.
  • The
    Ibid art. 4.
    Pope is inferiour to Angels, in regard of naturall knowledge, but in re­gard of grat [...]itous revealed knowledge, he is above them.
  • The
    Ibid art. 5.
    Pope as concerning recompence of reward, may be superiour to any An­gels.
  • The Pope may excommunicate the Angels.

[Page 114] Th [...] Popes [...].10 Besides, the Popes suppose the Angels to bee but their ushers and Ser­geants. I did thinke that what is related of the Buls of Clement the fifth, whereby hee commands the Angels to take soules out of Purgatory and put them in P [...]adise, was but a fable; howbeit they which urge them, assure us that they are extant at Vienna, Poictiers, and Limoges:Extat h [...] Bul­la in tract. de materiis indul­gentiarum [...] Ioannis 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 Conrad. 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 Iubily from a hund [...]ed to fifty yeeres; he ordaines among other things, That if a man be go­ing to Rome upon devotion in the yeere of Iubily, and happen to dye by the way, he [...]all bee totally acquitted and absolved of all his sinnes. And hee afterwards addes, Howsoever wee command the Angels of Paradise that they convey his soul into the glory of Paradise, being totally absolved from the paines of Purga­torie.

11 They pretend also to be greater than the Apostles: Hearken 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 meane of inferiour 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 equall to God, and pride themselves in being called Gods. Pope Nicholas the first, in an Epistle to the Emperour Michael, saith, It is evident that the Pope was called God by the devout Prince Constance; and it is a plaine case that God cannot be judged by man. The Glosse would have this honour communicated to other Bishops, who (it saith) are called Gods likewise: But there be other interpreters who informe 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 Popes Library-keeper, Knowest thou not (saith he) that Constantine called the Pope God, and accounted him so to be? So hee did when he honoured him with that goodly Edict, hee worshipped him as a God. And yet Constantine spake of Bishops in general, for it was at the Councell of Nice, and not at the time of that pretended donation which never was made.

14 Elsewhere it is said, ‘That the Pope is equall to God: That there can be no appeall 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 himselfe: 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 hee can make expositions and limitations against the law of Nature, of Nations, and of God, with reason or without reason: That he must bee be­leeved upon his bare word, even to the prejudice of another: That if hee preferre an unworthy person, it is to bee thought hee dispenseth with him: That hee can make something of nothing: That he can go against all Coun­cels and Statutes: That he can make wrong to be right: That hee can doe any thing beside law, above law, against law: To whom no man may say, Why doe you so? Whose pleasure stands for reason: Whose power may not be disputed, without incurring the crime of sacriledge, forasmuch as he is the cause of causes, and the just cause; and for that it is to bee presumed that whatsoever pleaseth him is just and reasonable.’

15 Divine honours have also beene ascribed unto him: for it is ap­pointed and prescribed in the Ceremoniall, ‘That all persons of what digni­ty or degree soever, when they come before the Pope shall bow the knee thrice before him at a certaine distance, and kisse his feet.’ Thence followes adora­tion. [Page 115] The Bishop of Zamore saith;The Popes 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 [...] speakes of these honours with a very good grace; I will make him speake in his owne 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. Actis inserta. Nec est bodie princeps super terram qui non flectat genua coram Domino Papâ, & qul non se multum aestimet, qui ne se tienne bien fier, ejus pedes osculari. Ioseph Ste­phanus a Devine hath writ a book in our dayes which he intitles Of the adora­tion of the Popes feet.

16 These excessive honours, and this divine power which is ascribed unto him, have constrained some to cry out and complaine of them. In the Acts of the Councell of Rhemes under Hugh Capet, wee finde these words directed to the Pope: ‘What thinke you (Reverend Fathers) who that should bee that is seated in the highest place, who glisters with a garment of gold and purple, I say, who thinke you that should be? if he be without charity, and be puffed up and exalted onely for his knowledge, then hee is Antichrist sitting in the Temple of God, and carrying himselfe as God: but if he bee neither groun­ded in Charity, nor exalted in knowledge, he is like an image, like an idoll in the Church of God.’

17 The Emperour Fredericke the second in the letters which he writ to the Princes of Germany, saith; The Pope being growne over wealthy to the great de­cay of Christian piety, thinkes he may doe any thing, like most wicked tyrants, as if he were a God, he will not give any reason for his actions to any man; he takes up­on him that which belongs to God alone, for it is thought he cannot erre. Eberhardus episc. Salisburi­ensis apud A­ventinum l. 7. Annal. Boiorum p 547.

18 A German Bishop who lived under the same Emperour, in a certaine O­ration which he delivered in an assembly held at Rhegimburg, saith amongst o­ther things, That the Popes will never have done till they have trampled all things under their feet; till they be seated in the Temple of God, and exalted above eve­ry thing that is adored. And a little after. He that is a servant of servants desi­reth to be Lord of Lord, just as if he were God.

19 One of our old French practitioners hath made the very same complaint.Ioannes Faber in praesat. ad Iustinian. 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 hee) styles himselfe in words a servant of servauts, but in very deed he suffers himselfe to be adored, which the Angell in the Revelation refused to doe. A learned Cardinall of Florence reproves the Popes slatterers, because they beare them in hand That they may doe any thing, that they may doe what they please, even things that are unlawfull, and so more than God himselfe: whence infinite errours have proceeded. Hee afterwards addes, that in the Councell which shall be holden about the reformation of the Church, It will bee fitting to advise concerning the honour which shall be done unto the Pope, that there be no excesse in it, that he be not honoured as God himselfe.

20 They take upon them also all power, authority and jurisdiction over Emperours, Kings, and Christian Princes, and over all temporalties whatsoe­ver. We will here insert some of their maximes concerning this point: First, that which they say is contained in the donation of Constantine: ‘To the end that the Pontificial dignity be not disesteemed, but more eminent in glory and power than the Imperiall, we give and grant to the most blessed Bishop Syl­vester, universall Pope, our Palace and City of Rome, together with all the Provinces, Palaces and Cities of Italy, and of the Westerne Countries: wee decree by this our Pragmatique Sanction, that he and his successors may dis­pose of them, and that they shall belong to the right of the holy Church of Rome. By this pretended donation all the Princes of Europe are made the Popes vassals and subjects. They say further,

21 ThatCap. unam sanctam. extra [...] de majorit, & obed. it is necessary to salvation to beleeve that every creature is subject to the Pope of Rome.

22 ThatCa. 1. Extra [...] de Cons [...]t. he is set over Empires and Kingdomes.

[Page 116] O [...] t [...] Pop [...]s [...].23 ThatC [...] [...]undamen­t [...]. de elect ju. he carrieth both the temporall sword and the spirituall.

24 That Clementin. Pastoralis. de r [...] judi [...]. the Empire depends upon the Pope, and that hee hath dominion over it.

25 That August. de Anco [...]a. De Potest. Ec [...]les. q. 36. art. 2. the Imperiall or regall power is borrowed from the Papall or Sa­cerdotall, for as much as concerneth the formality of dignity, and receiving of authority.

26 That Idem ibid. q. 35 art. 1. he may chuse an Emperour himselfe upon just and reasonable cause.

27 That Lancelot. Con­radus in templo [...]mnium judic. l. 2. c. 1. §. 4. he may appoint guardians and assistants to Kings and Emperours, when they are insufficient and unfit for government.

28 That Idem ibid. de Praest. & po­test. Pontis. maxim. he may depose them, and transferre their Empires and Dominion [...] from one line to another.

29 That Ca. Venera­bilem extra. de electione. Pope Zachary transferred the Kingdome of France upon Pepin.

30 That August. de Anc. q. 37. a. 1. the translation of all Kingdomes whatsoever was done by autho­rity of the Pope, or of some other that represented him.

31 That Idem q. 37. art. 2. the Empire was transferred upon the Romans by the Popes au­thority.

32 That Idem q. 37. art. [...] the Empire was transferred from the Romans to the Grecians by the Popes authority.

33 That Idem q. 37. art. 4 Et [...]a. Venera­bilem. extra de el [...]ctione. the Empire was transferred from the Grecians to the Germans by the Popes authority.

34 That Idem August. q 37. art 5. the Empire may be transferred from the Germans upon any other by the Popes authority.

35 That Idem q. 38. art 1. the confirmation of the Emperour belongs to the Pope, to whom also belongeth an universall jurisdiction.

36 That Idem q. 38. a [...]t. 4. the Emperour ought to swear allegeance to the Popes.

37 That Idem. q. 39. art. 1 [...] he cannot exercise his Imperiall power, unlesse hee bee confirmed by the Pope.

38 That Idem q. 35. art 6. the Pope may make the Empire hereditary, if he see it expedient for quietnesse sake; for just as he now ordaineth that it shall be elective, so hee may bring in an hereditary succession.

39 That Idem q. 35. art. 3. he may change the Electors o [...] the Empire, if any evident and ap­parent benefit of the Christian Common-wealth doe so require.

40 That Idem ibid. art. 4. the Electors of the Empire may bee appointed out of another Countrey than Germany, if any just reason so require.

41 That Idem q. 46. a. 3 he may absolve subjects from the oath of allegeance.

42 That the Pope upon just cause may set up a King in every Kingdome; for he is the overseer of all Kingdomes in Gods stead, as God is the supervisor and maker of all Kingdomes.

43 That Idem q. 45 [...] art. 3. art. 3. if one be oppressed in the Court of externall judgement, hee may appeal from any man, King or Emperour, unto the Pope.

44 That Idem ib a 2. the Pope hath jurisdiction over all things, as well temporall as spirituall, through the whole world.

45 That Idem q 46. art. 1 it belongs to the Pope to correct Kings when they offend, seeing that he is the judge of the quicke and the dead in Christs stead.

46 That Ibid q 44. art. 4. the Pope may correct the Imperiall law by his authority, as the divine law doth the humane.

47 That Idem ibid. art. 5. the Pope may alter the Imperiall laws according to the diversity of the times, if any evident commodity be like to insue upon it.

48 That Alvarus Pe­lagius de planctu Eccles. l. 1: art 37. the Pope, by reason he hath the Empire of Rome may and ought to reduce the Holy Land under his jurisdiction.

49 That Idem ibid. the Pope hath the propriety of the Western Empire, and the rest of the world in protection and tuition.

50 That Idem ibid. he may justly make an ordination and decree against infidell Prin­ces, [Page 117] although their Countries were never possessed by Christian Princes, [...]h [...] Po [...]s be­stowing of Kingdom [...]s. that they doe not injustly molest the Christians within their dominions.

51 That Idem ibid. if they evill intreat the Christians, he may by his sentence deprive them of that power and jurisdiction which they have over them.

52 That Idem ibid. he may command the Infidels to receive the Preachers of the Gos­pel into their territories.

53 For ought that I can see, the King of China and the great Mogul shall fare no better than Christian Princes, unlesse they come very speedily and sub­mit themselves to the Pope. He hath met with the Kings of India, of Peru, Brasile, Cuba, and all those other [...]les of the Ocean; which were of farre more difficult acces [...]e than those Kingdomes we speak of. Alexander the 6, anno 1493 made a faire deed of gift to Ferdinand King of Aragon, C [...]p. [...] de insu [...] novi or­ [...]is l. 7. Decret. of all those poore Barbarians, and of all their Countries and Kingdomes, although he never knew them, nor had they ever offended him: Of our meere bounty and certain knowledge, and the Plenitude of our power Apostolicall, we give, grant, and by these presents, do assigne to you, your heirs and successours for ever, Kings of Ca­stile and Leon, all the Ilands and Continents which have already beene discovered and found out, or which hereafter shall be towards the West and South, drawing a line thereof from the Artick or North [...]Pole, to the Antartick or South Pole. And we make, constitute, and appoint you, your heirs and successours Lords there­of, with full free and absolute power, authority and jurisdiction. But enough of this, for any man may judge by this what will become of the rest.

54 So one of their Doctors expounding that passage of sacred writ, Give unto Cesar the things that are Cesars,Iac [...]bus de Te­ran [...] in tract. Monar [...]h. saith, That was spoken but for a time, not for ever; that it was to hold only till the ascention of Iesus Christ; and after­wards that should come to passe which was spoken, When I shall bee lifted up from the earth, I will draw all things after mee. That is, (saith this great Rabbin) I will recover all the Empires and Kingdomes of the world, and will take them from Cesar, from Kings and Princes, to give them to the Pope. See here one of the finest and truest Prophecies that ever was read; for he hath more stroke in the Empire and Kingdomes, than the Emperours and Kings themselves, at least among Christians.

55 Wee need not wonder hereafter at the extravagant of Boniface the 8, [...]trav Vnam s [...]nct [...]m. de m [...]rit. & o­bed. where he will have it to be necessary to salvation, to beleeve that all the faithfull people of Christ are subject to the Pope of Rome; that hee hath both the swords; that hee judgeth all men and is judged of none. Nor of that which hee writ to King Philip the Faire, That he was subject to him both in spirituals and tempo­rals. Nor at that which a German Historian relateth of him,Albert. Crantz. M [...]rop. l. 9. c. 201. Platina in Greg. 7. That supposing Kingdomes and Empires to bee in his power, he made his brag that hee had two swords. Nor at that which before his time Nicholas the first writ to the Mi­lanois, That God hath bestowed upon S. Peter and his successours, the right both of the Terrestriall and Celestiall Empire. Nor at that which Gregory the 7 saith in one of his Buls, speaking of himselfe, That all the world may understand at last, that wee give and take away Empires, Kingdomes, Principalities, and what­soever mortall men are capable of. Nor at that pretence of Clement the 5 in one of his Clementines, 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 Emperour 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 Governours in the Cities of Ita­ly;N [...]uclerus Ge­nerat. 45. following herein the example of his predecessour Iohn the 22 [...] who set forth in his Buls to all the world, That he had divided all Italy from the Empire, and from the Kingdome of Germany: That the Pope is universall Lord, not only of things spirituall but also of temporall. Nor likewise at this, that the Popes [Page 118] have declared all those to bee hereticks who in their writings have defended That Empires and Kingdomes depend not upon the Pope, but upon God a­lone. Of the King of France his Priviledges.

56 The King of France is deceived if he thinke he is exempted by his Cle­mentine, Meruit; hee hath to doe with people that know how to expound Scripture; that will pick out the sense where all the greatest Doctours of the Sorbon would bee put past their divinity. They know well enough how to tell him that he and his Kingdome are onely restored by that Clementine, into the state wherein they were before Boniface his Bull; that the Realme of France was, before that, subject to the Popes Dominion, by the donation of Constantine;Can. aliu [...]. caus. 15 q. 16. That the Pope is Lord and Monarch of the Vniverse; that hee hath both the swords; a plenitude of power both over temporals and spiritu­als; that the Decrees which bestow this right upon him, are confirmed by the Councell of Trent: that Pope Zachary deposed Childeric, absolved his subjects from the oath of allegeance, and bestowed the Realme upon Pepin: that this Pope Clement being a French man would have favoured the French, but hee could not doe it to the prejudice of St. Peters patrimony: that hee trembles yet at the fright which Nogaret put his predecessour into. And wher­as it is conceived that some such promise was extorted from him, and some ob­ligation which bound him so to doe, upon condition hee were made Pope, they will urge the example of the Emperour Henry the 5. whom the Councels of Lateran and Vienna caused to give up his investitures, notwithstanding the dispensation which Paschal the second had granted unto him in that behalfe; yea, and the examples of our owne Kings [...] whom Benedict the 13, Iulius the 2, Gregory the 14, and Sixtus the 5, did not sticke to excommunicate for all their priviledges.

37 Besides, the Councell of Trent being allowed, which gives all power to the Popedome, even over Councels, it must belong to the Pope to dispose of all things as supreme judge, to alter the Decrees of his predecessours, to abrogate such as are disadvantagious unto him; who shall contradict him? No King dare intermeddle how great soever he bee; and if he do, he will but loose his labour. We will returne to the dayes of old, when excommunica­tions from Rome were so terrible, when all things shrunke at the flash of those thunders. The Fredericks, the Henries, the Ludovici Bavari have felt the force of it; they have beene abandoned of their subjects, their vassals, their kindred, their allies, their owne children: they have been troden under foot, deposed from their Empyres, defamed as heretiques, chased like raskals. Good­ly mirrours to represent to the life to all Princes of Christendome, if they were not blinde, the miseries that hang over them and their successours.

58 Not without good reason did that great devine Marsilius, after he had seene all the tragedies in his age acted, make a loud out-cry, which deserves now more than ever to pierce the ears of Princes, I cry aloud (saith hee) like a trumpet of truth, Marsil [...] Patav. 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 associats 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 goe about to bring you in subjection to them, if you suffer this constitution to prevaile; yea if you suffer it to have the power and force of a law. For consider that it followes of necessity that hee which hath authority to repeal a former sentence of any Prince or Iudge whatsoever, hath also jurisdiction and coactive power over him; and further, the power of erecting or putting downe his Princedome. Now the Bishop of Rome doth challenge to himselfe this authority equally over all Princes and Principali­ties of the world; inasmuch as by virtue of that Plenitude of Power which he [...] [Page 119] affirmes to be granted unto him by Christ in the person of S. Peter,The King of F [...]ance his priviledge 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 Decretall which he speaks of better than by receiving the Coun­cell of Trent; which expressely confirmeth all the Constitutions of the Popes.

59 But it were fitting we here added the examination which the same au­thour makes of Boniface his Decretall, and the Clementine, Meruit, to shew that the King of France his priviledge cannot choose but be void;Mursil. Patav. in d [...]s p [...]c part [...] 2. c. 20. and that o­ther Princes being the Popes subjects, hee must needs bee so as well as they; ‘Considering more throughly these kinde of Epistles and Decretals, they may seeme to be meere fooleries: for that of Boniface obligeth all Princes and people in the world to the beliefe 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 beleeve upon paine of damnation, which other some are not bound to beleeve: sure­ly this is not one God, one faith; all are not bound to goe to Christ in the unity of faith; and yet the Doctour of the Gentiles plainely affirmes 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 beleeve those things which ought to bee beleeved upon paine of damnation? either then they merited by their faith to bee Heretiques and Infidels [...] or else the Epistle of Boniface containes a down-right lye: 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 beleeve upon paine 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 ter­rour of the most illustrious King of France.

60 Wee will adde furthermore that this domineering power which the Popes have usurped over all Princes of Christendome, hath driven them into some heinous injustices, as to usurpe their Empires and Kingdomes, to raise up war among them; to rob them of their inheritance [...] to muster up their own subjects against them; to sow quarrels and contentions among them; to cause innocent bloud to be shed; to abuse excommunications, and other spirituall weapons: and in a word to exercise an intolerable ty [...]anny: Whereof there are so many pregnant proofs and examples that no man can doubt of it, if he be not a meere novice in history, or unlesse he have not bin extant in the world in these latter times. Neverthelesse I will quote some in the Venericus Vercellensis lib. de unit. Eccles. conser. p. 12. 37. 40. Epistola Leodiensium tom. 3. Concil 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 Iulio 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. & in Alexandr [...] [...], & in Innocentio 4, & in Eugenio 4, & in Iulio 2. Otho Frisingensis lib. 7. Chron. c. 9. Helmoldus in Chronico Slavorum c. 28. & sequent. margent to justifie my assertion against detractours.

CHAP. XI. Of the Popes honours.

Of holding the Popes stirrop.WEE will now speak a word or two of those honours which they would have Emperours and Kings, and other earthly Monarchs, to do unto them, whom they make their Lac­keyes, causing them to attend upon them in most shamefull manner:Can. Constant. dist. 96. August. Steu­chius, Pape [...] bibliothecarius, l. 2. de donat. Constant. c. 66. Platina in Steph 2. Ceremoniale pontif. 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 beleeve, by the suppositi­tious donation of Constantine, that the Emperour Constan­tine holding the bridle of Sylvesters horse, underwent the of­fice of a Lackey. Some of the Popes domestiques affirme that Pepin, one of our Kings, did as much to Pope Stephen the 2.

2 And in the Popes Ceremoniall these Chapters are inserted; That Kings and Emperours must hold his stirrop when he gets up, or alights from his horse. That they must lead his horse by the bridle: That if he goe in a litter, the Empe­rours and Princes must carry him upon their shoulders: That when he sits down to table, they must hold the bason while he washeth: That they must carry up his first messe.

3 Now these honours are not only set downe in their Books, but have been actually proferd and beene 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 stirrop to help him in alighting, in stead of going to the other, hee is thought to have lost his crowne for it: For the Pope was so offended at him, and took it out so hainously in point of honour, that being desired to pro­ceed to his coronation, hee made answere; that S. Peter had beene dishonoured, in asmuch as the Emperour in stead of holding the right stirrop had holden the left. Fredericke being much amazed at that complaint, excused himselfe, saying, That it was for want of knowledge, not devotion; and that hee haed not been accu­stomed to holding of stirrops. But the Pope from his excuse drew a subtile ar­gument ag [...]inst him, to pronounce him unworthy of the Empire; for (saith he) if he have neglected out of ignorance a thing which is so easie, how thinke you hee will manage weightie matters? The Emperour seeing himself in danger to be degraded as insufficient and incapable of the Empire, bended all the nerves and veines of his wit, to make this dilemma, which gained him the cause, I would be better informed (saith he) whence this custome proceeded, whether out of good will, or out of custome: if of good will, the Pope hath no reason to complaine, if a man have failed in a thing which concernes civility, seeing that consists in the minde of the giver, and not in necessity of right: if you say that this reverence is due to the Prince of the Apostles from the first institution, what difference is there betwixt the right stirrop and the left, so that humility be observed, and the Princ [...] humble himselfe to the feet of the supreme Bishop? The Historian addes, That the question was disputed a long time, and with much eagernesse. Hee sayes fur­ther, That they parted without giving him the kisse of peace. It went so farre, that the Pope returned without crowning Frederick, and beeing intreated, and importuned thereunto by the Princes of Germany, he commanded him first and formost, for pennance of his fault, to goe and conquer Apulia from the [Page 121] Popes enemies, to restore it to S. Peter;The Popes pride ov [...] Em­perours. and he had much adoe to make him give over that designe. All this is reported by a German Priest not suspect­ed. Iudge yee now if he did not play his part well.

4 There was yet after that another great quarrell betwixt them, by reason of certaine letters which the Emperour had writ to Adrian, wherein hee committed this grosse absurdity, to put his owne name before the Popes: whereat hee being justly offended, told him in his letter. ‘That he wondred much at this, that he seemed not to give unto S. Peter, 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, wherby you incurre a censure of insolence, if not of arrogance.’ Whereunto the Emperour replyed, ‘That all the royalty which the Popedome had, it had it by the liberality of the Emperours [...] and thereupon (said hee) when wee writ unto the Pope of Rome, wee put our owne name before of right and custome, and by way of justice; wee allow him to doe the like when he writes unto us. Search the records, and if you have not observed what we affirme, wee will shew it you,’

5 We might here adde the picture of Rome, Albertus Cran­tz 2 Metrop. 6. c. 35. which represents Innocent the 2 sitting in his pontificall chaire, and Lotharius the Emperour, who received the crowne from him, lying prostrate at his feet, which (as Historians say) caused the Emperour Frederick the first, to fret and fume when he cast his eye upon it. As also that forme of inscription in Innocent the fourths letters; Innocent &c. The virtue of God, the wisedome of God, Matth Wes [...] monast. l. 2. sub ann. 1245. to whose unspeakable ma­jestie all things are subject.

6 Henry the 4 was injoyned this pennance by Gregory the 7. Not to goe out of Rome for a yeere; not to get on horse backe; to visite the Churches in a Pil­grims habit, and to bring forth fruits worthy o [...] repentance, by fastings and pray­ers. While the poore Emperour was at his Pater nosters, submitting himself to all that hee would lay upon him, the Pope made another Emperour to bee created in Germany, whereof a German Priest gives this reason, That the Car­dinals, and others of the Court of Rome,Helmoldus ubi supra. seeing how the earthly powers trembled for feare at the shaking of the See Apostolique, and how those that bore up the world did bow downe to it, might suggest to the Pope, that he should conferre the Empire upon another. Another time comming to meet with the Pope at Ca­nisium, bare foot in the midst of Winter, in Pilgrims weed [...] he was compelled to stay three dayes in the Suburbs, like a poore rogue, without obtaining au­dience.

7 The indignity done to Frederick the first, by Alexander the third,Abhas Vispar­gensis in Hen. 4. is well enough knowne, when he received him in peace, he cause him to cast himselfe upon the ground in S. Marks Church in Venice, and to aske him par­don; when, setting his foot upon his neck, hee said these words [...] Thou shalt goe upon the Basilisk and Adder, the Lyon and the Dragon shalt thou tread un­der foot.

8 A Duke of Venice to make his peace with Clement the fifth, for himselfe and the State, was constrained to goe upon all foure towards the Pope,Le mer de hi­stoires. with a chaine about his neck; Innocent the 4 would not forgive Frederick the 2, notwithstanding, the intercession made by King S. Lewes, who writ unto him in person to Lions; who offered in behalfe of the Emperour for satisfaction of his faults, ‘To goe in Pilgrimage into the Holy Land, to make warre, and stay there all the dayes of his life.Matth. West­monast. 2. sub ann. 1246. Whereat the good King taking scan­dall, came home vext and ill appeased, having found no humility in the ser­vant of servants, (saith an English Monke).’ Nay which is more, ‘Hee for­bad him entrance into his Kingdome, saying, The Vicar of Christ followes not the footsteps of Christ, as the same Authour.’

9 The same King by the Councell of the Peeres in France, had formerly [Page 122] denyed Gregory the 9 entrance into his Kingdome,The Popes om­nipo [...]ency. Knowing that by his com­ming, there would no good come either to the King or the Kingdome, saith the Historian;Matth West­mon. l. 2. sub ann. 1244. who further addes this, speaking of the French men and the Pope; They were affraid that hee would not know his enemies, as the rat in the poke, or the serpent in the bosome. And yet this King was Canonized by the Popes. Philip the Faire was in danger to be so by Clement the 6, for sending Boni­face into Paradise. But Lewes the 12 was excommunicated by Iulius the 2 for being too good to him: and Henry the 3 by Gregory the 14, because hee was growne too devout, and doted too much upon the reliques of Rome.

Rodericus E­pisc. [...]amoren­sis in speculo humanae vitae l. 2. c. 1.10 Let us now see some draughts of the Popes greatnesse, taken from that description which the Bishop of Zamore, and Constable of the Castle of S. Angelo makes of it in his mirrour of mans life, which he dedicated to Pope Paul the 2. That the Pope is instituted and ordained not only for humane prin­cipalities, but also for divine; not onely to rule over mortals, but also immor­tals; not only over men but also over Angels; not only to judge the quicke, but the dead also; not only in earth, but also in heaven; not only to preside over Chri­stians, but also over Heathens: And, to bee short, that he is instituted and or­dained by the great God in his stead over all mortals; to be held in the same dig­nity, to have the same power and jurisdiction, and the superiour and universall dominion over all the world.

11 Afterward hee applyes unto him certaine places of Scripture which speake of God: Of whom (saith hee) it was written by Iob,Iob 9. that those which beare up the world stoup before him: and that the Kings of the earth are matters worthy of derision: that hee onely hath all power: the Scripture saith, that hee 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 againe, 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, Hee hath gi­ven him the power and the Kingdome, and all people and languages are subject unto him. And presently after hee saith, ‘The greatnesse, excellency, com­modity and necessity of the Popedome is seene in this, that (as the Philo­sopher testifies) the world could not bee governed if there were not some supreame principality in it. Wee must needs come to him onely who directs and governs all particular things: by whose managing and disposall all actions of the Hierarchies are ordered: that in fi [...]e the disposall of this lower world, may be administred conformably to the Celestiall Monarchy.’ And yet more, ‘The power of Iustice would decay (witnesse the same Philo­sopher) if there were not one in the world to administer it to all, and sup­ply the defects of the negligent.’ And againe, ‘There can bee no true nor right Common-wealth, if there bee not one above all the rest to guide and governe them.’ Which is the Pope the Vicar of the immortall God. Af­terwards he ascribes unto him a commutative and distributive justice over the universall world; and speaking of this last, hee saith, that being exercised by him, it doth institute and ordaine dignities, principalities, Kingdomes and Em­pires according to merits, and transferre them from one Nation to another, ac­cording to their demerits.

Antoninus in 3 part. hist tit. 22. [...]. 17. §. 1. Iacobus de Terano in tract. Monarch.12 Hee that will not bee content with this, may further read the Oration which was spoken in the presence of Pope Pius the second, by the deputies of Florence, registred in his History by A [...]tonine Archbishop of that City, for the instruction of posterity. Hee may read also, that which one Iames de Terano, Chamberlaine to Vrban the 6 hath written concerning this point; and Avarus Pelagius, great Penitentiary to Iohn the 22. Together with other mercenary authours, the Popes domesticks; who spare no qualities, either [Page 123] devine, or humane, to set forth unto us the power, the dignity,A censure of Popish auth [...]rs. and the divinity of the Popedome. Which authours and others above by us alleadged, are so well approved by them, that they sleep upon their pillows, just as Homers I­liads did upon Alexanders. For that same Austin de Ancona, out of whom we formerly cited many maximes, and those of the finest, w [...]s dedicated by the authour to Iohn the 22, Ann. 1320, and afterwards to Pope Gregory the 13, by a Generall of the Order of the Austin Friers, and printed at Rome by George Ferrarius, Ann. 1582, with expresse priviledge 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 booke was approved by Pope Pius the fourth, one of the authours of the Councell 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 Councell of Trent, where neither any authors of this stampe, nor any of their fooleries and impieties are ever condemned; but all those who in divers ages have beene so sawcy, as to open their mouthes, 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 Emperours against the tyranny of Rome.

CHAP. XII. Of the complaints and oppositions which have beene made against the Popes dominions over Kingdomes 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 Councell at Rhemes about the yeere 870, gave Pope Adrian the 2 to understand (who would have put this Realme 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 unusuall, and they would never suffer it: For see here the resolution which was sent unto him on their behalfe, by Hincmare Archbishop of Rhemes, Hincmaru [...] ibi. ‘That hee could not be both King and Bishop at once: that his predecessours disposed and governed the Ecclesiasticall order (a thing which belonged unto him) and not the Common-wealth, which belongs unto Kings.’

2 In this action wee may observe a double abuse: First, that the Pope un­dertakes to transferre Kingdomes by excommunications: next, that it is not for any spirituall 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 lawfull for him to deprive a Christian of his title, so long as he is not in­co [...]rigible, and the question is not of his personall faults, but of the loosing or getting an earthly Kingdome.’

3 The Emperour 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 [Page 124] upon pretence of Simony which he injustly laid to his charge.Of deposing of Kings. The quarrell grew betwixt them upon this o [...]asion, that the Pope was elected without the Emperours consent, contrary to the ancient custome. Whereupon a German Bishop writes thus,Idem Otho l. [...]. c. 34. ‘I read and read againe the lives and Acts of the Roman Kings and Emperours, but I never finde that any of them was excommunica­ted, or deprived of his Kingdome before this, unlesse we take that for an ex­communication which passed in the case of Philip, the first Christian Empe­rour; who was put among the penitents by the Bishop of Rome: or that of S. Ambrose who prohibited Theodosius the Emperour from comming into the Church, because he had murthered 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. Wee never read that any Emperour 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 hee urgeth that of Pope Gregory the 3, who caused all Italy to revolt from their obedience to the Emperour Leo, whom he had excommunicated and deposed from his Kingdome; yet withall hee gives us to wit, that hee doth not approve the fact. Howbeit (saith hee) 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 passe by the judgement of God, by reason of the sinnes committed by the Emperours, the consciences of Princes and people binding them to make resistance against them.

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 Earle of Flanders to make warre upon them, and had ex­communicated them because they would not abandon the Emperour Henry the 4; How comes this to passe (say they) that Pope Paschall not content with the spirituall sword alone, sends his Champion Robert to spoile the lands and in­heritances of the Church, which if they must needs be destroyed, ought to bee so by the Edict of Kings and Emperours, who beare not the sword in vaine?

Bernard l. 2. de considerat. ad Eugenium pa­pam.6 S, Bernard exclaimes mightily against the Popes dominion, and gives good advice to Eugenius the 3 about this particular, where he tells him amongst [...] ­ther things, You were made superiour to others, for what, I pray? not to domi­neere I trow. Wee therefore having a conceit good enough of our selves, doe not yet remember that any commanding power was given unto us, but that a mini­stery was laid upon us: You must consider that to doe the worke of a Prophet, you stand in steed of a weeding hooke, not of a Scepter. Hee saith in another place, This is plaine, that dominion is prohibited by the Apostles: goe you then, I pray you, and (if you dare) usurpe either the Apostleship as rulers, or the power of ru­ling as the Apostles. The one of the two is forbidden you; if you will needs doe both you loose both. Doe not thinke that you are exempted out of the number of those against whom God makes this complaint, They have reigned but not by me, &c. Hee hath more concerning this point, but this shall content us.

Venericus Ver­cellensis lib de Vnitate Eccle­sia.7 Venericus Wercellensis in his book of the unity of the Church, saith, That the sacerdotall judgement hath no more but the spirituall sword, which is the word of God. And speaking of Hildebrand, that is of Gregory 7, But Hildebrand (saith he) and his Bishops have doubtlesse challenged to themselves the very top of regall Authority; yea they have usurped the function of both jurisdictions, in­somuch that the Kingdome is fully in their power, or where they are pleased to be­stow it: being growne more perverse by reason of this great pride [...] so that they can neither looke to the one, nor the other; neither the Priestdome nor the King­dome: considering that no one man is sufficient to discharge either of the two, they being such weighty imployments: But however hee is neither Christian nor Catholique that contradicts the Gospel, and despiseth the doctrine of the Apo­stles, which saith, Give to Cesar the things that be Cesars, and to God the things that are Gods. He that serveth God meddleth not with the things of the world. [Page 125] Feare God, honour the King: Be subject to every humane creature for Gods sake, &c. The Pope [...] u­surp [...]tion upon Princes. He urgeth many other reasons and places out of Scripture, which to set downe might be troublesome.

8 A German Abbat who writ about 1 [...]50,Albertus Abbas Stadensis in Chron ad ann. 1245. speaking of the excommunica­tion of the Emperour Frederick the 2, whom Pope Honorius had also deposed from the Empire; ‘This sentence (saith hee) being noised abroad into the world, some Princes and divers others tooke it ill, saying, that it concer­ned not the Pope to set up or pull downe the Emperour, but only to crowne him after he is elected by the Princes.’

9 An English Historian makes an observation herereupon, which may much import all Princes,Matth. Paris. in Hen. 3 p. 660. ‘One thing (saith he) vexed all the Princes and Prelats, weighing the future dangers by the foresight of their understanding; that was, that however Frederick had sufficiently deserved to be deposed and de­prived of all honour; yet if the Popes authority by Gods permission depo­sed him, so as he could not relieve himselfe, the Church of Rome abusing the grace of God, would grow hereafter to such an intolerable height and pride, that she would depose Catholique Princes, though just and innocent; yea and Prelats also upon sleight occasions [...] or would cause them to be depo­sed and disgraced: and speaking haughtily, and boasting themselves, how­ever descended from low degree, they would say, Wee have trode under foot the great Emperour Frederick; and who art thou that thinkest to with­stand us?’

10 The Pope having excommunicated King Iohn of England, Matth. VVest­monast in Flo­rib. hist ann. 1216. and put his Kingdome in an interdict, compelled him to become a vassale and tributary to the See of Rome. Whereupon Philip Augustus King of France gave him to understand, that it was an unjust thing, and more than he could doe: where­in he was seconded by the great Lords of France, as we have said in the be­ginning of the first Booke.

11 In the reigne of S. Lewis, ann. 1247, what time (as it is probable) hee was gone in the Holy warres, the Nobles of France finding themselves vexed and troubled by Pope Innocent the 4, made a League and set forth a declarati­on against him, where they say amongst other things, That the Clergy (poin­ting at the Pope) swallow up and frustrat [...] the jurisdiction of Secular Princes, so as by their lawes the children of slaves passe judgement upon free men and their children: Whereas by the Secular lawes of our Kings and Princes, they ought rather to be judged by us.

12 The yeere 1244, the Prince of Northwales, being a vassaile of the King of England, Matth. VVest­mon. in Florib. hist. ann 1245. p. 181. 1 [...]9. put himselfe and his Princedome into the protection of the same Innocent; who received him by the mediation of a certaine summe of money, promising him to shake off his royall yoke. Th [...]se things (saith an English Monke) being come to the knowledge of the King, the Lords of the Land, and other Princes aliens, they were much displeased at him; and abhorring the co­vetousnesse of Rome, they perswaded the King of England to put it to a battell, to curbe the upstart insolence of such an ungratefull person. Matth [...] VVest­monast 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 Kingdome into his hand, and entred upon it with an army: Which the chiefe of the Countrey perceiving (saith the same authour) they were vexed at it, and setting upon Memfred, bastard son to the Emperour Frederick, they ad­hered unto him, and did him h [...]m [...]ge.

13 Philip the Faire 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 hee de­manded their advice [...] how he should demeane himself, and whether he should put up that wrong: they made answere u [...]to him, commending his good in­tention, That they were ready not onely to spend their goods (which they there [Page 126] wholly offerd unto him) for that end, The Popes tem­porall domini­on oppugned. but also to expose their persons even to death for him, not refusing any torments. Adding further, and that more plainely by word of mouth, That if the King (which God forbid) would suffer it, or connive at it, yet for their parts they would never endure it. Which, and such like words as may bee read in some other passages of that Epistle, are no signes of disobedience, but testimonies of ardour and affection to the service of Princes, which hath often made their subjects speak in this straine.

14 This reply was made by the nobility, and the three Estates, as is testi­fied by the Clergy in their letters to the Pope upon that subject: which Cler­gy sided also with their Prince, as it appears by those same letters: yet with more caution, by reason of the great reverence which they bore to his Holy­nesse. Mr. Iohn Tillet Bishop of Paris, Ioan Tilius in Chron. sub ann. 1202. speaking of this fact in his French Chronicle, The impudence of this man (saith hee of Boniface) was wonderfull, who durst affirme that the Realme of France was a benefice of the Papall majesty. But I thinke [...]hem the greater fooles who dispute the point; Whether the Pope hath this power or no, he put our France under an interdict for the time, but the Bishops tooke the Kings part. Marsilius of Padua speaketh of it in this man­ner: ‘Experience the mistris of all things, hath showne as much; it is not long agoe when Pope Boniface the 8 dared to excommunicate Philip the Faire of happy memory, Catholique King of France, and put his Kingdome under an interdict, together with such of the Clergy as adhered unto him. The King on the other side complaining of a certaine ordinance publikely set forth by the said Boniface, Marsil. Patav. 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 him­selfe particularly against the said Prince, and to stirre up against him his sub­jects and adherents, and other Christian Princes and people, if death had not hindred him: as the eternall truth, and the memory of divers yet alive can testifie.’

15 Ludovicus Bavarus was deprived of the Empire by Pope Iohn the 22, because he had taken upon him the name and title of Emperour, and demeaned himselfe as such,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 hee was approved by the See Apostolique. But an Emperiall decree was made thereupon, containing, That Pope Iohns procee­dings were null, and that th [...] Pope could not attempt such things against the Em­perour, considering their jur [...]sdictions are distinct: So the German Historian, But you must know that there were two Decrees made thereupon by the states of the Empire: by the one it is enacted, That the imperiall dignity is im­mediatly from God alone, and that he ought to be accounted and called King and Emperour of the Romans, meerly for his election; that he ought to be obeyed by the subjects of the Empire; that he hath full power to exercise all Imperiall rights, and doe all other things, which belong to a true Emperour, and that he needs not the approbation, confirmation, authority, or consent of the Pope, the See Aposto­lique, or any other whatsoever. The other whereby the processe of Iohn the 22, against Lewes the 5 called of Bavaria, is cassed and nullified; whereof wee have spoken elsewhere, setting downe the very same words.

16 This opinion was maintained at that time by divers great Prelats, and learned men in the Court of Rome, Albericus de Rosate being then present, who witnesseth as much in these words,Albe [...]icus in l. bene a Zenone. nu. 16 C. de qua­drien. praescrip. ‘I hold (saith he) th [...]t this opinion [...] That the Emperour hath his power from God, is more true, by right, then by the authority of Innocent and others. And there was a great controversie concerning this in the time of Iohn the 22 and his successor Benedict, betwixt them and Ludovicus Bavarus Emperour elect, my selfe being at that time in [Page 127] the Court of Rome. The Pop [...]s u­surping upon the Empe [...]ours But I heard then that some great Prelates, and some lear­ned Lay men in both the lawes, inclined to that opinion as the truer.’

17 The same Authour saith in his Dictionary, That the Pastours of the Church, thrusting their sickle into an other mans harvest, made three Decretals concerning that particular: Albericus indiction in verbo El [...]ctio Impera­toris. Cap. [...]en [...]rabi­lem Extr. d [...]le. Cap. Ad Apo­s [...]olic [...] extra. de S [...]ntentia et [...]e [...]ud in 6. Cap. Pastoralis. [...]esent. & re judi [...]. in Clem. Cap. 1. de ju [...] ju [...]ando in Clement. One about the election of the Emperour, another a­bout the deposall of the Emperour Frederick, a third about the dissention and sen­tence of treason given by the Emperour Henry. There is yet another about the oath of alleageance, which the Emperour is bound to swear to the Pope, and some other power of the Pope above the Emperour. Which Decretals God knowes whether they be just or not; for my part, I thinke none of them are according to law, (with submission to better advice, and under correction, if I thinke amisse) nay I beleeve they were made against the liberties and rights of the Empire; and I hold that the powers are distinct, and that they proceed from God.

18 Peter de Ferrariis, an Italian Lawyer, who lived about 1400, speaking of the abuse of excommunication, exclaimes thus, O poor Emperours and Secular Princes which endure this and other things of this nature, and inslave your selves to the Church! You see they usurpe upon the world infinite wayes, and you never think of any redres. 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 hee had determined for the nega­tive, he addes, ‘The Emperours doe ill, yea very ill, to suffer them to have a meere and mixt Empire, seeing God said to Peter, Put up thy sword into his place; thereby expresly forbidding him to meddle in these matters, whereto Peter obeyed, (as Cynus saith in the Authentique, Clericus C. de Episcopis & Clericis) and considering that this concernes the purchasing of Lay mens goods, the Pope cannot determine any thing about it, for so hee should put his sickle into anothers harvest, contrary to the chapter Novit, and other such like, and the Glosse upon that Extra de Iudie: let the Canon law then bee observed amongst the Clergy, who carry their conscience in their hoods, and loose it when they leave them.’

19 In another place hee enlargeth himselfe more fully upon this subject, commenting upon those words, Plenam & omnimodam Iurisdictionem, The covetousnesse of men (saith he) is so much inhaunced, that they endeavour with all their might to climbe up to jurisdictions, honours, donations, and if it were possible, to the thrones of Heaven: But they never consider what Tully, the Father of eloquence, said in his Offices, wee ought to take heed of the desire of glory, This appetite and desire is so much inlarged, that not Layiques only, but even great Prelates and Clerks are wholly infected with this vice and malady. For you see how the Pope himselfe, who should like a true Vicar follow the steps of IESUS CHRIST, bestirreth himselfe, to seize upon, and by force of armes to keepe the jurisdiction of Countries, Ci­ties, Villages, and other places which naturally and ever since the creation of the world, and by Christs owne ordinance belong to the Roman Empire; according to that, Give unto God the things which are Gods, and unto Ce­sar the things which are Cesars. Yea the Pope stands to have superiority o­ver the Emperour, which is ridiculous to speake, and odious to heare: For naturally ever since the beginning of the world, not only Lay men but the Clergy also have beene subject to the power and jurisdiction of the Em­pire.’

20 Speaking in another place of a womans joynture aliened by the hus­band,Idem Ferrari­ensis in forma libelli in quo uxor agit a dot. in verbo, Coram vobis [...] This (he saith) cannot bee recovered by the wife, when shee is bound by oath, according to the Canon law, which in this case is repugnant to the Civile: ‘The Canon law (saith he) is observed, even in the lands of the Em­pire: Here take notice how the Pope [...] usurpes upon the jurisdiction of the Empire in this, as he doth also in divers other things; which com­meth [Page 128] to passe, by reason of the inexperince of the Emperours.Of the two swords.

21 Theodorick de Nihem in his third book De Schismate, speaks his minde very roundly, exclaiming against those who put two swords into the Popes hands:Theodoricus a Nihem l. 3. de schisma [...]e c. 7. ‘Now that the Empire (saith he) depends principally and immediat­ly upon God, as well as the Church or Ecclesiasticall power, is manifest by evident reasons. It is further confirmed by that Decree, where the Pope writes to the Emperour, My Church over which our God hath ordained my Priesthood, while you governe humane affaires, &c: It is proved also by divers testimonies out of the Law. Whence it followes, that they talke sor­rily and soothingly, who say that the Pope or the Church hath two swords, the spirituall and the temporall: whereas it is said in the Gospel, Put up thy sword into thy sheath: For if both the swords were in the Popes power, the Emperour, or the King of the Romans should have that title falsely and vainly given unto him. But these flatterers by such like words and writings, breed a great errour over all Christendome, and raise as it were a continuall emula­tion, or contention betwixt the Pope and the Emperour. For by this meanes the Imperiall authority is trampled under foot, and his power called in que­stion, to the great dammage of the whole Common-wealth.’

22 Antonius de Rosellis in his book De potestate Imperatoris & Papae, saith,Antonius de Rosellis in l. de potestate Impe­rat. & Pap. versu Ne Pro­lixius p. 9. It is a foolish and hereticall opinion, that the whole disposall of temporall things i [...] or ought to be in the Popes power, or any other Ecclesiasticall persons. He saith further, He omittes that and laughes at it, which some use for a shift, That the dominion over temporall things, belongs to the Pope habitually, and in power, though he doe not immediatly actuate it, but by the mediation of the Emperour, who (as they say) receives the Empire from the Pope, and the administration thereof; so as he depends upon the Pope. For upon whom the exercise is bestow­ed, to him also is the habit given much more; seeing that virtue consists in the act, not in the habit. And in another place, Whence it followes, that the Pope hath not the power of electing and crowning the Emperour, 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 bee re­voked upon occasion.

Albertus Cran­tzius Vandali­ [...]orum l. 8 p. 17923 Albert Krants a Dutch Historian and devine, who lived a little before these late broyles about religion, speaketh so of the creation of Kings which the Pope challengeth, as that he plainely shewes, that he dislikes it; For, telling a story of a Duke of Cracovia, whom Pope Iohn the 22 created King of Po­land, Then (saith he) the Popes were come to that majesty (which Secular Prin­ces call presumption) that they created Kings.

24 In the Act of the Protestation made by King Charles, ann. 1563, upon the monitory of Pope Pius the 4, set out against the Queen of Navarre, wee finde this clause worthy our observation; As for goods the King thinks it strange, that the said Holy Father will intermeddle with the confiscation of goods within his Kingdome, or with the diminution or disposing of them, as the said monitory affirmeth, contrary to all the constitutions and Canons of Councels that were ever yet seene upon record in the bookes of his predecessours.

25 But there is nothing more masculine & generous than the Remonstrance of that noble Parliament of Paris, exhibited to the deceased King, against the Bull of Sixtus Quintus ann. 1585, whereby he excommunicated the King of Navarre, our Soveraigne that now is, and the Prince of Conde, depriving them of their goods and Lands; As for the holy Bull, the Court doth finde it to be of a new stile, and so farre from the modestie of the former Popes, that it hath no affinity with the wayes of a successour of the Apostles: and forasmuch as wee doe not finde in our records, nor in all antiquity, that the Princes in France were ever subject to the justice of the Pope, nor that the subjects sat in judgement upon [Page 129] the Princes religion, Of absolving subjects from their oath of allegeance. the Court cannot take it into consideration till the Pope doe first shew some right which he pretendeth for transferring of Kingdomes, ordai­ned and established by God before ever the name of Pope came into the world; till he have shewed us upon what title he meddleth with the successour of a Prince, full of youth and strength, and who naturally ought to have his heires of his owne body. Hee must informe us with what colour of piety and religion he bestowes that which is none of his owne, he takes from another that which belongs unto him, hee putteth vassals and subjects in rebellion against their Lords and Soveraignes, and reverseth the grounds of all justice and civill government.

26 As for the absolving of subjects from the oath of allegeance to their Lords and Princes, the last words of Ralph Duke of Suevia, whom Gregory the 7 had caused to rise up against the Emperour Henry the fourth, loosing the tye of that oath which bound him to his Prince, and creating him Emperour, are sufficient proofe to any man, that it is a very unlawfull act;Helmoldus in Chron Slavo­rum. c. 29. p. 65 ‘You see (saith hee to his familiars) how my right hand is sore of a hurt, it is the hand whereby I swore to Henry my Lord and Master, that I would never annoy him, that I would never lay in ambush to intercept his glory; but the Popes commands brought me to this, to breake mine oath, and usurpe an honour which was not due unto me. You see what end it is come to. I have recei­ved this mortall wound upon this hand which broke the oath. Let them then who have incited us so to doe, consider in what manner they urged us, for feare that wee bee not brought to the downfall of eternall damna­tion.’

27 Sigebert, 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 allegeance, ‘I dare say (saith he) by the fa­vour and good leave of all honest men, that that new doctrine (that I call it not heresie) was not yet come into the world, That his Priests, who hath said to a King Apostate, and made an Hypocrite to reigne for the sinnes of the world, teach the people that they owe no obedience to bad Kings; no allea­geance though they have taken an oath to performe it: that those who take part against their King, cannot be called perjured; but rather he that will o­bey the King must be accounted excommunicate, but hee that will be against him, absolved from injustice and perjury.’

28 Hee that writ the Booke De unitate Ecelesiae observanda, in the time of the same Henry the 4, which is supposed to be Venericus Vercellensis, 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 addes, it seemes wondrous strange, that any religious Bishop of Rome should undertake to absove any man from his oath of allegeance. Not long after hee addes, See how the Catholique Church defendeth every thing which is not reproveable; and therefore shee defendeth both Zachary and Stephen Popes of Rome, for the me­rit of their religion and piety: none of which (as we very well know) absolved the French from their oath of allegeance which they had sworne to their King, as Pope Hildebrand giveth out in writing, that so by this president hee may cozen the Peeres of the Realme: as if he could absolve them from their oath of allege­ance, which they have sworne unto their King in the Name of God, intending by that meanes to depose him and strip him of his Kingdome. Which being divers times attempted within these fourteen yeeres last past and above, did never yet take effect for all that.

29 Afterwards he relates the story of Pepins coronation, and there concludes, ‘Marke now the order how things were carried, and observe if any of the Popes of Rome ever deposed the King of France out of his Realme, (as Pope Hildebrand writes) and absolved the French from the oath of allegeance which they had taken unto him: which oath (as hath beene formerly pro­ved [Page 130] by the testimonies of holy Scripture) no man can dissolve without ma­king the party absolved a lyer,O [...] [...]solving subj [...]cts from th [...]ir [...]ll [...]geance and perjured, and damning of the absol­ver.’

Extat [...]aec apo­logia [...]ive epist. Tom. 2. Concil. edit. Colon. 1661. Et in collect. de jurisdict. impe­riali p. 134.30 The Clergy of Leige, in their Apology against Pope Paschal the second, speaking of the absolution of the oath of allegeance, which he had granted a­gainst the same Henry the 4, ‘Who can justly blame a Bishop for favouring his Lords party, to whom hee oweth allegeance, and hath promised it by oath? No man doubts but perjury is a grievous offence: God only sweareth and repenteth not, because wisedome keeps the Commandements of Gods oath: But for us, who often repent that wee have sworne, wee are [...]orbid­den to sweare: If man sweare God injoynes him to performe his oath unto the Lord. Which is not unknowne to those that rend the Kingdome and the Priesthood by a new schisme, and with their upstart traditions, (as some would have it) promise to absolve from all sinne, such as incurre the crime of perjurie towards their King. Never regarding what God said to Zedeki­as by the mouth of Ezekiel, who had committed perjury against his King Nebuchadonosor, Hee that hath broken the Covenant, shall hee escape? Which St. Ierom expoundeth thus; Hence wee may learne, that we ought to keepe touch even with our enemies; and not consider to whom, but by whom we have sworne.’

Greg. Heym. in De confutat. primat. Pap.31 Gregory of Heymburg in a tract of his, ‘With what conscience (saith hee) dare any Priest, even the Pope himselfe undertake to absolve the Liege subjects of the Empire from their oath of allegeance and obedience, to which Christ and his Apostles doe binde every one, especially so long as the piety of faith is preserved entire? And if the Pope may dispence by his oligar­chicall law, yet hee cannot so by the divine law without imputation of er­rour.’

Marsilius in tract. de trans­lat. Imperii. c. 5.32 Marsilius of Padua in his Treatise, Of the translation of the Empire, speaking of Gregory the 13, who made all Apulia, Italy, and Spaine revolt from their obedience to the Emperour Leo, and made them deny to pay him tributes and subsidies, by reason of a controversie about Images which was then betwixt them, saith thus; For this reason the said Gregory undertooke to excommunicate the said Leo, and perswaded all Apulia, Italy and Spaine to withdraw themselves from his obedience, and as much as in him lay put it in exe­cution, howbeit without any great right: Hee also in solemne manner forbade him to receive any subsidies: By what authority I know not, but I wot well by what temerity.

33 Divers Doctours and learned men, both in divinity and in either law, have in their writings in sundry ages opposed this usurpation of Rome, and proved by sound reasons, that the Pope hath no temporall sword: that it is in the power of Princes, and other Magistrates: that hee hath no Secular power or jurisdiction over Kings and Princes, nor over their Empires and Kingdomes, which depend upon God, not upon him: that consequently hee cannot take them from them to bestow them upon another; nor absolve their sub­jects from the oath of allegeance. These witnesses have withstood the Pope as stoutly by their pens, at Kings and Emperours by their swords; yea so farre forth that their armour had beene but very weake, if they had not beene tempered in these writings, as some Historians doe as­sure us. And thence it is that the Popes many times have darted out their thunder-bolts against them, and their works. Which our Coun­cell of Trent hath used to doe, and which our Popes doe put in exe­cution daily, according to the commission granted them by i [...], stuffing their Index Expurgatorius, with their names. I should bee troublesome if I should here quote their a [...]thorities, and much more if I should [Page 131] set downe their reasons:Christ and the Pope para [...] ­leld. I will content my selfe with citing some few in the * margent besides those whom I have already alledged, to whom any man may have recourse.

CHAP. XIII. The conclusion of all that went before.

1 NOw to make an end of this Treatise, wee will here set downe the antithesis of Gregory Haymburg, Gregorius Haymburgensis in confurat. Primatus Pa­pae part. 2. ver­sus finem. which suits very well with the former discourse.

  • 1 CHRIST rejected the Kingdome of this world.

    His Vicar canvaseth for it.

  • 2 CHRIST refused a Kingdome when it was offe­red him.

    His Vicar will needs have one which is denied him.

  • 3 CHRIST refused to bee made a Secular Iudge.

    His Vicar takes upon him to judge the Emperour.

  • 4 CHRIST submitted himselfe to the Emperours deputy.

    His Vicar preferres himselfe before the Emperour himselfe, yea before all the world.

  • 5 CHRIST reproved those who desired primacy.

    His Vicar wrangles for it against all the Church.

  • 6 CHRIST upon Palmesunday was mounted upon an Asse.

    His Vicar is not content with a stately Cavalierie, unlesse the Emperour hold his right stirrop.

  • 7 CHRIST united the disagreeing Iewes, and all other Nations in one Ec­clesiasticall Kingdome.

    His Vicar hath oftentime [...] raised seditions amongst the Germans, when they were at unity.

  • 8 CHRIST, though innocent, endured injuries patiently.

    His Vicar, though nocent, ceaseth not to doe injuries to the Church and Empire.

2 Nicholas de Clemangiis after hee hath discoursed of all the vices of the Popedome,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 fountaine [...] applies in fine the ancient Prophecies to the See of Rome, and bespeaks her thus; ‘Rowze up thy selfe now at last from thy too long slumber, O happy sister of the Synagogue! awake one day, & mo­derate thy drunkennesse, that I may so say, wherin thou hast sleeped too long: see, read, and understand this prophet, and the rest, (if yet thy drunkennesse have not quite bereft thee of all sense and understanding) if there bee yet any sparke of sound judgement remaining in thee: search the words of the Pro­phets, and thence consider thine estate, and thy confusion which sleepeth not, [Page 132] but is neere 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 villanies with danger; but if thou wilt not heare the Prophets, nor beleeve that they spoke of thee when they denounced so many miseries, thou cheatest and deceivest thy self by a too dangerour errour; 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 aime at another thing, what thinkest thou of that Prophecie in the Revelation of St. Iohn? dost thou not thinke at least, that it concernes thee in some sort. Thou hast not so lost thy shame with thy sence, 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 Kingdomes, how great, large, and potent soever they are, have beene brought to nought by their pride and injustice, when thou seest them turned upside downe, and overthrowne; and how on the other side, thou hast so far abandoned thy humility, which was thy foun­dation, and lifted up thy horne 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 her selfe, hath begun to fall downe, but slowly and by little and little, and therefore the downfall was not per­ceived by many, but now it beginnes to fall headlong and like a tor­rent.’

Marsilius Pa­tavinus in def­pacis part. 2. c. 24.3 Marsilius of Padua after hee hath represented all the Popish usurpati­ons, and the indirect meanes which they used, at last resembleth the Court of Rome to the Image in Daniel; which passage wee will here insert, as fit­ting well with the whole tract concerning the reformation of the Head; ‘As for mee which have seene it, (saith hee, speaking of the Court of Rome) and who have beene there, mee thinks I saw the terrible Image which Daniel tels that Nabuchadonosor saw in a dreame, having the head of gold, the armes and breast of silver, the belly and thighes of brasse, the legs of iron, the feet halfe of iron, halfe 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 bee beholden by all good men? For the higher members of that Statue (to wit, the Head, the breast and the armes) what are they else to the eye, to the desire [...] and to the embrace, but gold and silver, and the worke of mens hands? the belly and thighes, what are they but the noise and din of pleadings, and processes for the goods of this world? but calumnies and Simoniacall contracts as well of spirituall things as carnall? the thighes of brasse, what are they but the pom­pous preparations of pleasures, of luxury, and all kinde 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 doe they import but the usurpation, invasion, and seazing up­on Secular Dominions, Provinces, and Kingdomes, by the violent power of armed men, and overlaid with iron, upon which they beare their superiour members? the furnishing with gold and silver which invites the men of warre hereunto? the belly also and the thighes of brasse, by a promise which is often made both lowd and large, by a cheating absolution of their sins and punish­ments, and by an unjust condemnation and curse (however harmelesse by [...]eason of Gods protection of such as stand in defence of their owne 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 [...] [Page 133] what doe they denote but the inconstancy of the Court of Rome? Of th [...] fall of Rom [...]. what doe they signifie but the open weaknes, that I say not the falsenes and unjustnesse of those causes and occasions, which the Pope takes to oppresse the faithfull people of Christ? But according to the testimony of the same Prophet, there must a stone fall upon this Image, rent from the mountaine 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 Kingdome which shall not be transferred upon an other; hee (I say) more by the strength and grace of God, than by the worke and power of the hands of men, shall first breake in pieces that piece of clay, the feet upon which it unjustly stands; making the false and unjust pretences, or to speake more truely with the Poet those bald occasions, appear unto all Princes & people; discovering their Sophistry, refuting them by humane demonstrations, and disanulling them by the truth of the holy Scripture. And afterwards, repelling the iron, that is the barba­rous and impious dominion, and then the brasse, that is, the authority of re­viling against Prince and people, which it challengeth, hee shall cause the tumults of Secular usurped jurisdictions, and by consequence of processes and vexations to be husht: hee shall cause the luxury of voluptuousnesse, and the pomps of vanity to cease: hee 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 temporall things with due modera­tion.’

4 A certaine Chronicler writ a pretty while agoe,Magister Ior­danus 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 prophecied 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 bloud royall, shall have an Emperour of France, by name Charles, who shall bee Prince and Monarch over Europe, and shall reforme the Church and State. Hee that is curious to see this prophecie may finde it amongst the vulgar reve­lations. Now that the Kings of France now reigning are descended from Charles the Great, the Popes themselves confesse; as Innocent the 3, who after hee had made mention of Charlemaigne, hee 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 prophecie be true or no, I referre my selfe to other mens judgements. I will only say, that it seemes 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 formost; that they have ever either wrought, or procured a reformation: That they have been instigated, and exhorted so to doe by the words and writings of the learned men of their times; (as wee shall elsewhere observe:) That they have preserved the liber­ti [...]s of the Church within their Kingdome, more than any besides: 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 bee done, hee will touch their hearts.

CHAP. XIV. Of Cardinals.

Of abating the [...]umber of Cardinals.1 AFter wee have done with the Pope, wee will speake a word of the Cardinals. The Emperour Ferdinand de­sired they might bee reduced to a smaller number; the Councell 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 maintaine them. Hence mainely doe pro­ceed an infinite company of abuses raigning now adayes, which the Pope must dispense with to ease his coffers of so much; for there is no good reason hee should create such great Lords as they are to starve them for want of suste­nance. Besides, the publique must ever be sensible of it; Christian Princes and their Kingdomes must pay deare for their folly, though they bee hardly able; and all must light upon their shoulders.

2 This is not the first time this reformation hath beene demanded, it is a­bove an hundred and seventy yeers agoe since one of their own order com­plained of it; namely the reverend Cardinall of Cambray in his booke De reformatione Ecclesiae, for amongst other wayes which hee proposeth for the lessening of those monstrons exactions which were made in his dayes in the Court of Rome, hee puts this for one, The diminution of the number of C [...]rdinals, that so their multitude may not bee so great and burdensome, as it hath hitherto beene: That it may not be objected to the Court of Rome: Thou hast multiplied thy people, but thou hast not growne greater; it would be expedient to take an order for the meanes of Cardinals, and other Clergy­men, so as it may not be lawfull 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 bee amisse to set downe also the complaint of a French man of our own, Nicholas de Clemangiis in his tract De ruind, & reparatione Ec­clesiae, who after he hath exclaimed against their pride and vaine-glory, But omitting their vanity (saith hee) who can sufficiently expresse the infinite and insatiable hunger of their covetousnesse? First of all, what greedinesse is this to hold such a number of repugnant and incompatible benefices? They are Monkes and Canons, Regulars and Seculars: Vnder the same habite 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 foure hundred, even to five hundred, and upwards: And those no petty ones, nor contemptible, hut 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 goe away with all. Hee speakes yet more of this point, but this must suffice for the present.

[Page 135]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 Councell of Constance by all the Nations of Christendome, and and which was set in the fore-front,Concil constan­tiense Sess. 41. Of the number, quality, and Coun­trey of the Lords Cardinals.

5 Vpon which Pope Martin tooke time to deliberate; just so have his successours done ever hithertowards; and for our Fathers of Trent, it never troubles them.

A REVIEW OF THE COVNCELL OF TRENT. BOOKE III.

CHAP. I. Of the calling of Councels.

WEE come now to the grievances which are found in the Decrees of this Councell (for as for the Canons,The power of calling Coun­cels. wee meddle not with them) and observe in the first place, that whereas former Councels, at least such as were free and lawfully called, have alwayes cowed the Popes power, when it swelled into an exces­sive greatnesse, this hath run quite counter to the r [...]st, ascribing unto him a power truly so­veraigne: For the Pope now adayes 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 Emperours, but over Councels also: So that when he shall please to wrong any man, there is no meanes left to resist him. Wee shall make this appeare so plaine, that there shall bee no occasion of further doubting, by setting downe here all the De­crees of the Councell which concerne this point.

2 First, it is to bee observed that Pope Iulius the 3, in his Bull, December the 15, 1551, ingrosseth to himselfe the sole right and authority of calling Councels. Wee (saith hee) to whom it belongs, as being now P [...]p [...], to signifie [Page 138] and direct Generall Councels. Authority of calling Coun­cels usurped by the Po [...]e. This is the Bull wherein he signified the con­tinuation of the Councell of Trent, which is inserted amongst the Acts [...]f it.

3 But this is not all yet: for after hee hath declared that he will bee pre­sident in the Councell, for the further manifestation of his high and soveraigne power hee addes, Ordaining neverthelesse 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 lawfull for any man in the world to breake or infringe this present Act of our advice, pleasure, innovation, and de­crees, or out of an audacious rashnesse to contradict it. All these brags and bra­vado's were approved by the Fathers of that Councell; inasmuch as the Coun­cell, which had kept Holiday for full foure yeers, and beene adjourned to Bo­nonia by Paul the 3, was brought backe againe to Trent, by virtue of this Bull; so that the Bishops there obeyed the Pope sans contradiction.

4 So then hee challengeth the power of Convocation exclusively to all others, wherein he is avowed by the Councell; nay it is the Councell it selfe which gives him this prerogative: For after all the resolutions it made both about faith and discipline, it addes;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 Councell, the Holy Synod trusts that most blessed Bishop of Rome will take order that the necessities of the Provinces shall be provided for to Gods glory and the peace of the Church; either by sending for such (out of those Provinces especially where such difficulty shall arise) as hee shall thinke fit to negotiate such a businesse; or by holding a Generall Councell if hee thinke it necessary; or any other more commodious way as hee thinks good.

5 As for the translation of the Councell to Bonony, indeed the Cardinall de Monte, President for the Pope, did the Councell the honour to let them con­sult about it the 10 of March, 1547, as appeares by the 8 Session: But this was after an absolute and peremptory injunction, whi [...]h [...]he same Pope had for­merly made, as appeares in his Bull set out in Mar [...]h, 1544. Where he speaks in this manner; Of our [...]wn proper motion, certaine kn [...]ledge, and full power Apostolicall, with advice and consent correspondent, wee give you full and ab­solute power by authority Apostolique, by the tenure of these Presents (hee speaks to his Legats) to transferre and remove the said Councell from Trent to some such other City, as you shall thinke fit; and to suppresse and dissolve it in the said City of Trent; and to prohibite the Prelates and other persons of the said Councell to proceed any further at the said Trent, upon paine of Ecclesiasticall censures and punishments; and to cite the said Pr [...]lates, and other persons of the Councell unto that city whither it shall bee transferred, upon paine of perjury, and other punishments expressed in the letters of Convocation.

6 See here, good weighty words which in a most extraordinary way doe crush the authority of the Councell, yea even inslave and subject it to the Pope. And yet the Councell is so farre from complaining, that on the con­trary it professeth that it consented to this translation, in consideration that it was done by the Popes command: For hearke how they speake of it in the beginning of the ninth Session holden the 21 of Aprile 1548; This holy Oe­cumenicall Councell, &c. considering that upon the 11 of March this present yeere, in a generall publique Session holden in the said city of Trent, at the ac­customed place, all things requisite to bee done being first done after the usu­all fashion, upon some earnest, urgent and lawfull reasons, and by the intervening authority of the Holy Apostolique See, granted in speciall manner to the said right Reverend Presidents, decreed and ordained, &c. They expresse it as well as they can, for feare least some body should bee so farre mistaken, as to thinke the translation was made upon the Councels owne motion; to the prejudice [Page 139] of the Popes authority; for they would have taken that in dudgeon.Counc [...]ls 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 Councell, by usurpation onely, or whether it doe in­deed justly belong unto him. If wee will take the Popes own word for it, the question will bee quickly decided; for they affirme that to make such a Con­vocation belongs to none but them.Ca [...]. 1,2, 4,5, 6. dist. 17 [...] Their Doctours and Disciples have so fortified this proposition, that they have stopped all passages, and not left so much as one hole open, wherby there is any possibility of surprizing it. Some few have beene so reasonable as that they have made some exceptions; as in case the Pope refuse to call the Councell, or in case he be an heretique, or in case the question be about some fact of his owne, or about his condemnation: Some are of opinion that then the Emperour is to undertake it; others, that it belongs to the Cardinals; others, to the Councell. But those who were more deeply ingaged, or spurred on by fairer hopes and goodly benefices, doe not leave ought open, not one chinke; yea they come so farre as to say that those Councels which were not called by the Pope are bastards, & illegitimate, void and of no effect: condemning by this opinion those foure Generall Coun­cels which Gregory the Great did reverence as the foure Gospels; besides, a great many more which w [...]re either holden without the Pope, or at least which were not of his calling, or where he was not President.

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 Councels should be either hereticall or without effect; alwayes putting the Popes authority above a Councels. I know very well that all learned men and truely religious soules doe abhorre this: But seeing our Sophisters now­adayes doe here bring their owne dreames and fancies to make a cleare cas [...] seeme doubtfull; and seeing they cannot deny but the Emperours called those Councels, they runne to the Popes consent or authority, maintaining that it was ever interposed. I shall prove the contrary by the Acts of ancient Councels [...] by the testimonie of Histories, and by the Popes owne confessions, or their Decrees.

9 The Councell of Nice was called by the Emperour Constantine, Eusebius de vl­ta 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. Zonaras to. 3. V. Tom. 1. Con [...]il. 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 downe in the beginning of the Acts thereof, Chap­ter the 5 [...] The Emperour seeing there was some trouble in the Church, called a Generall Councell, exhorting by his letters all Bishops to repaire unto Nice, a Ci­ty of Bithynia: The same is affirmed by Eusebi [...], Theodoret, Socrates, Zona­ras, Ruffin and many others. Whence wee discover his forgery that framed the Epilogue of the second Councell of Rome; In the time (saith he) of Pope Sylvester and Constantine the Emperour, there was a great Councell holden at Nice in Bithynia, where three hundred and eighteen Catholique Bishops were re­gularly assembled by the call and command of Pope Sylvester. If this bee true [...] the Acts of that Councell are false, and so many ancient Authours all lyars which ascribe the Convocation of it to Constantine.

10 And yet this goodly Epilogue is foisted in among the Councels, as if it were an ancient piece, whereas the authour of it is but a modern man: for he hath inlarged Isidores prefaces, putting in many things of his owne head [...] as in that of the Councell of Ephesus: For Isidore having said simply, At which Councell the most happy Cyril Bishop of Alexandria was president: This fellow puts in of his owne, Instead of Pope Celestine: Which is detected by comparing Isidores Decree printed at Paris ann. 1524, and 1537, with the col­lection of Generall Councels 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 maintaines that that Councell was called by the Popes con­sent: [Page 140] which he strives to prove by the testimony of the Pope himselfe,Councels cal­led by the Em­pe [...]our Constan­tine. namely of Damasus in his pontificale. Wherein he behaves himselfe so mildely, that he may justly bee accused of prevarication, seeing that some copies have it praecepto, and not consensu: so that he might maintaine by the authority of Da­masus, that Constantine called it by the Popes command: But seeing hee is not willing to undertake so much, let us rest content with what hee propo­seth vs

11 The Nicene Councell (saith Damasus) was holden in Sylvesters time with his consent. So was it with the consent of other Bishops either tacite or expresse. But if Bellarmin will referre this to such a consent as was necessary for the calling, hee had need of another proofe. Hee hath recourse unto the Acts of the sixth Generall Councell holden at Constantinople, where it is said in the tenth action, That Constantine the Emperour 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 Councell it selfe, where it is plainely said that it was called by Constantine, without any mention of Sylvester. The testimony of Ruffin will not availe him ought, when hee 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 concernes him in particu­lar; and to limit those words to the Popes advice alone, were to make that authour speake what hee never thought; they should rather bee referred to the Bishop of Alexandria, who entreated of the Emperour, and obtained the calling of that Councell, as Epiphanius witnesseth.

Theodoret. l. 5. c. 612 The second Generall Councell was called by Theodosius in the City of Constantinople: Being come to the Empire (saith Theodoret, speaking of him) hee purposed in his minde above all things to provide for the unity of the Church, and to that end commanded all Bishops, of what Bishoprique soever, to repaire to Constantinople. The letters of that Councell written to the same Emperour are sufficient proofe hereof; for after they have thanked God for giving them Theodosius for their Emperour, they adde, Since the time of our assembly at Constantinople by your command &c. And afterwards follow the Canons of the Councel, 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 divers Co [...]ntries, being called thither by Theodosius [...]he Emperour. Zonaras confirmes it, By the Em­perours command (saith hee) was the second Councell proclaimed, and the holy Fathers assembled at Constantinople, &c.

13 In all these places there is no talking of the Popes consent. Bellarmine opposeth the letters which the Fathers of this Councel have writ to Pope Da­masus, where they say themselves that they were assembled at Constantinople, by command of those letters which hee sent to the Emperour: but for this point hee hath not well understood it. Wee shall make it appeare by the very text of that Epistle, how the sense which hee puts upon it, is farre 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 associats, Da­masus, Ambrose, Britton, Valerian, Ascholius, Anemius, Basil, and other holy Bishops assembled in the great City Rome, the holy Senate of Orthodoxe 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 Emperour, that wee 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 [Page 141] rather into the society of such a Kingdome [...] according to the word of the Apostl [...], Councels cal­led by the Em­perour Th [...]odo­sius. wee have all earnestly desir [...]d (if it were possible) to apply our selves to your d [...] ­sire, or rather to the present exigency, leaving our owne Churches; but conside­ring how by this meanes those that were restored againe would be abandoned, and many of us could not doe it, by reason that wee resorted to Constantinopl [...], up­on those letters sent the last yeare, by your Reverences, to the most holy Emperour Theodosius, after the holding the Councell of Aquil [...]ia, &c. for this reason and others such like, seeing wee cannot all come, wee have intreated our brethren and companions Syriacus, Eusebius and Priscian Bishops, to take so much paines as to come unto you, to let you understand the desire wee have of the union. This Epi­stle is extant at large, in Theodoret, Theod. l. 5. c. [...] and the Acts of the Councell of Constan­tinople.

14 Now wee must observe divers thing [...] 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 Councell assembled at Rome, as is plaine from the inscription and tenure of them. Secondly, that those other letters which they mention, were not sent by Pope Damasus to the Emperour Theodosiu [...] (as Bellarmine would have it) but by the Councell of Aquil [...]ia, where the Pope was not present. Thirdly, that by those letters they neither enjoyne nor command the calling of a Councell, as he dreames, but only they acquaint the Emperour Theodosius, as also the Emperours Gratia [...] and Valentinian, with the resolution which they had taken in their Councell, about condem­ning the doctrine of two old men Palladius and Secundianus, and some othe [...] points. It is very true that they intreat them to cause them proceed to judge­ment and condemnation of them, and some other of the same sect, which gave occasion to the Emperour Theodosius to call the Councell of Constanti­nople.

15 For full proofe of all this, you need but read it in the letters which the Councell of Aquileia sent to the said Emperours;Extat inter Acta Concil. Aquileiensis Tom 1. Concit the inscription whereof is this. To the most milde Christian Emper [...]urs, and most happy Princes, Gratian, Valentinian and Theodosius, the holy Councell assembled at Aquileia sendeth greeting. After the narration of the proceedings therein, and the designes which the Arrian Bishops had there, they say in fine, We doe abhorre (most milde Princes) such execrable sacriledges, and such wicked doctrines; and to the end that they may deceive people no more, wee have thought good that they bee 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 Iudges. They further intreat them to hinder and forbid the follow­ers of Photius from making of assemblies.

16 Any man may now judge whether these letters containe any command to the Emperour for calling a Councell, and whether the Pope made any such command, who was not present in that Councell, neither in person nor by proxie. Bellarmine hath taken up the errour of one of the Latine 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 asmuch as these letters gave occasion to the Emperour Theodosius to call the Councell of Constantinople, bu [...] not by the Popes command: Yea the Councell of Constantinople was so farre from being called by the Emperour upon the Popes command, that on the contrary the Pope summons the Easterne Bishops to the Councell of Ro [...], by virtue of the Emperours letters, as the forecited letters of the Councell of Constantinopl [...] runne.

17 Bellarmine brings also the authority of the sixth General Cou [...]ell but, under correction, hee hath foisted in a little too much of his owne; [...]or it is [Page 142] said simply,The third Ge­nerall Councel not called by the Pope. Macedonius denyed the divinity of the Holy Ghost, but Theodosius and Damasus opposed him stoutly [...] Bellarmine addes, by the second Synod. Hee might well have opposed him before the Synod, yea, in the Synod, by meanes of his Legats, as some other Bishops did; hee is named onely as the foreman of them; but it followes not, therefore that the Councell was called by him or by his authority.

18 The third Generall Councell was called at Ephesus by the Emperour Theodosius: the Historians that speak of it make no mention at all of the Popes consent. I will set downe the places,Socrates l. 7. c. 34. The Bishops (saith Socrates) came toge­ther from all parts, and met at Ephesus by the Emperours command. Nestori­us (saith Evagrius) would not submit to the advise of Cyrill and Celestine Bi­shops of old Rome,Evagrius l. 1. c. 3. but belched out his venome against the Church, and demanded that a Councell might be assembled at Ephesus by the authority of Theodosius the younger, who at that time governed the Easterne Empire: Wherfore letter [...] were dispatcht from the Emperour unto Cyrill and the rest of the Bishops.

Niceph. l. 14. [...]. [...]4.19 Theodosius (saith Nicephorus) commanded by his letters Imperiall the Bi­shops of all places to come to Ephesus, setting them a day against the feast of Pen­tecost. This Councell 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, &c. The Kings which these Acts speak of are the Emperours Theodosius and Valentinian.

20 But there is no need of these authorities, considering that wee have the Acts of that Councell yet extant, which may cleare the doubt that might bee raised. If there be one single word in them whence it may appeare that Theo­dosius required [...]ope Celestines consent to the calling of that Councell, then Bellarmi [...]e shall win the day; but withall if there bee nothing spoken of it, however the Acts are very large, he shall give us leave not to beleeve it. Those Acts speak in diverse places of the convocation, but so as it is alwayes ascribed to the Emperours Theodosius and Valentinian without any mention of the Pope.

21 The 25 Chapter of the first Tome containes letters of the same Empe­rours sent unto Cyrill to command him to come, but no newes of the Pope. In the first Chapter of the second Tome, it is said, The Synod wa assembled in the Metropolitan City of Ephesus, by virtue of the Emperours 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 Emperours be read, and give light like a torch unto such things as wee now beginne to treat of. The 17 Chapter of the second Tome containes those letters which the Fathers of that Councell writ unto the said Emperours, whereby they certifie them of the comming of the Popes Legats; and mentioning the Councell they adde, Which your ma­jesties commanded to meet at Ephesus. In the 18 Chapter of the second Tome Cyrill saith, in an Epistle of his to certaine Bishops, The time for holding the Synod was appointed by the most devout Emperours, to bee upon the day of Pen­tecost; so did their first letters, by which wee are summoned thither, command. The 19 Chapter of the same Tome containes a certaine writing of the Clergy of Constantinople, which beginnes thus; The sacred Synod assembled at Ephe­sus by virtue of the Edict of the most devout, and most Christian Emperours, 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.

[Page 143]22 But (saith Bellarmine) Cyrill was in that Councell as the Popes Legat;Bellarmines p [...]-offs refuted a certaine argument that it was not called without his consent. We deny both the one and the other: For you must know that the Nestorian heresie was condemned in a Councell 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 past upon it, and intrea­ted him withall that hee 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 Councell of Ephe­sus, as i [...] plaine out of the letters of that Councell, written to the Emperours, the words are these; Celestine the most holy Bishop of Great Rome, had signi­fied the judgement which was past by him and his before any Synod was assembled at Ephesus, and intrusted 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 hee was not sent by the Pope to supply his place at the Coun­cell of Ephesus, which is properly to bee a Legate. Nor had hee any expresse charge from the Pope to supply his place in that Councel, for there is no men­tion at all of any such command. Wee conclude therefore that it cannot bee inferred from thence, that there was any particular consent of the Pope in the calling of that Councell. Wee doe not yet meddle with the Presidency of Cyrill, that we reserve for another place.

14 This notwithstanding Bellarmine urgeth some authours for proofe of his assertion, namely Evagrius, Photius, and Celestine himselfe in his Epistle. They all say that Celestine by his letters did substitute Cyrill in his place. It is true; but it is true withall, that when those letters were written he spoke not of the Councell of Ephesus, but of that of Alexandria, which was holden by Cyrill. Besides, the Pope sent his Legats to Ephesus, in number three to supply his place; which he would never have done if hee had taken Cyrill to have been there in his stead. It is true moreover, that Cyrill, who would have [...]ad it so in opposition to Nestorius, to gaine himselfe the more authority at Ephesus, during the time of that Councell, did serve himselfe of that substitu­tion which had beene formerly granted unto him. But this makes nothing at all for the Popes consent to the calling of the Councell, which is the point now in question.

25 Bellarmine flies to the authority of a Chronicler to prove the Popes con­sent. Prosper (saith he) shewes in his Chronicle, Prosper in Chron. that the Councell of Ephesus was holden by the industry of Cyrill, and the authority of Celestine. Vnder cor­rection hee never thought so; The yeere 431 speaking of the heresie of Ne­st [...]rius, who taught that our Saviour Christ was borne of the Virgin Mary, not God [...] but meere man. This impiety (saith hee) was principally opposed by the industry of Cyrill Bishop of Alexandria, and the authority of Pope Celestine. There is no mention of the Councell of Ephesus. But at the yeere 434 in these words, The Synod being assembled at Ephesus, of above 200 Bishops, Nesto­rius was there condemned, and that heresie which tooke the name from him. There is nothing there for the Popes consent.Martinus Polo­nus in Celestino sub ann. 42 [...]. Martinus Polonus would have af­forded him a more favourable testimony, for hee saith that the Synod of Ephe­sus was assembled by the commandement of Pope Celestine and Theodosius the younger. But what can an upstart Historian, who writ not till 250 yeeres afterwards, testifie against so many Acts? Bellarmine knew that well [...] ­nough.

26 Nor doe wee finde that the Emperours Valentinian and Martian asked the consent of Pope Leo for the calling of the Councell of Chalcedon. Act. 1. Concil. Chalc. Tom. 1. Concil. In the first Act whereof it is said, That a Synod was held in Chalcedon, the Metropo­litane [Page 144] of Bithinia,The Cou [...]cell of Chalcedon not called by the Po [...]e. by the Decree of the most devout and faithfull Emperours, Va­lentinian and Martian. The Emperour Martian witnesseth as much himselfe in his constitution for the confirmation of the Councell;L. 3. C de sum. t [...]m. For (saith he) who­soever dare call in question, and publiquely dispute those things which have beene once judged and well determined, hee wrongs the reverend Synod: forasmuch as those things which were agreed upon concerning the Christian faith, by the Cler­gy assembled in Chalcedon, by our command were determined according to A­postolicall expositions, &c. And Martinus Polonus saith, The fourth Synod of Chalcedon, consisting of six hundred and thirty Bishops, was holden by the in­dustry of Pope Leo, and the command of the Emperour Martian. No body de­nyes but that Councell was assembled by the industry of Leo, who was a sol­liciter for it; but those Emperours were so farre from desiring his authority and consent, that on the contrary hee used earnest prayers to Theodosius for the obtaining of the Councell; bestowing tears to that end, which hee said were shed for his Clergy: using withall another mans favour in his suit.

27 After the death of Theodosius, Valentinian and Martian were more fa­vourable unto him: they granted him a Councell after they were petitioned by his Ambassadours. Martian writ a very honest letter unto him, wherof Bel­larmine now serves himself to prove that the Popes consent is requisite to the calling of Councels,Extat haec epist inter epist praeambulares Concil. Chal ced. Tom. 2. Concil. p. 126. The Emperour (saith hee) intreats the Pope to come and hold the Councell. There is no such intreaty, but only these words, It remaines, that, if it please your Holynesse to come into those parts to celebrate the Councell, you would be pleased to doe so out of religious affection. The Pope by his let­ters, and by his Legats desired two things; that a Councell might be kept, and that it might bee in Italy: the first he obtained, the second was denyed him. True it is that Martian qualified the denyall with faire words, as that, If hee would not be present at it, hee would tell them so, to the end that they might call the Bishops unto that place which should be pitcht upon, to provide for the Chri­stian religion, and the Catholique faith, by their decision; as your Holynesse shall determine according to Ecclesiasticall constitutions. I finde no other con­sent to the calling of it, but such as stands with a petitioner. Indeed seeing he desired it, and that in such manner as we have said, it follows that he con­sented unto it; but diverse other Bishops have the same plea that he hath, in asmuch as divers times they became petitioners to the Emperours for the hol­ding of Councels.

28 Bellarmine urgeth a letter written by certaine Bishops of Bursia, wher­in they say, That many holy Bishops are assembled in Chalcedon, by the command of Pope Leo. But it is a hard case that he would rather trust those poore igno­ramus's whom the distance of place and inexperience of affaires doth in some sort excuse, than the truth of the Acts. Considering withall that these Bishops speake more in this point than hee would have them; for he standeth only for the Popes consent, and they ascribe unto him the command. Why doth not hee speake as they doe? If they be mistaken in the command why should we beleeve them about the consent? especially seeing they never speake of it?

29 Afterwards he descends to domestique testimonies; as to Pope Gela­sius his Epistle to the Dardan Bishops: where he saith, That the Apostolique See by her sole authority, decreed that the Councell of Chalcedon should bee hol­den. Decreed it indeed, but with prayers, intreaties, and teares, with much passionate importunity to the Emperours. See wherein that authority consi­steth: see how the Popes would make us beleeve it!

30 The same question is concerning the Councell of Sardis; to the convo­cation whereof Bellarmine pretends that the Popes consent was required, and that by Emperours themselves: Hee takes a great deal of paines to fight a­gainst [Page 145] the truth, which hee hath obscured, but not extinguished.Councels cal­led by Empe­rours. Wee can easily evidence to the contrary; ‘Then (saith Socrates) there was a Generall Councell appointed, that all should repaire to Sardis, a City in Illyri [...]m, and that by the will and pleasure of the two Emperours; the one by his letters requiring it; the other, who governed in the East [...] freely condescending un­to it.’ The Bishops of the same Councell in their letters to all the Churches speake on this manner; At last by the grace of God, the most mild Emperours have assembled this holy Synod out of divers Cities and Provinces, and have suf­fered it to bee kept in the City of [...]ardis.Extat h [...]c e­pistola in libel­lo Constitution [...] Synodalium to. 2. Concil. Et in fragmen­tis Pithoeani [...]. Et apud Theo­dorat l. 2. c. 8. Et apud atha­nas. apolog. 2. Let us heare wh [...]t Bellarmine urgeth to the contrary: hee brings a passage out of Socrates, where he saith, ‘That the Easterne Bishops lay the blame of their absence from the Councell of Sardis upon Pope Iulius, because the time allotted them for their comming was too short.’ Whence it follows (saith hee) that the Councell was not called by the Emperour alone, but by Pope Iulius also, yea and that princi­pally by him. But hee mistakes himselfe in his inference; Pope Iulius was deeply ingaged for Athanasius, hee had written in his behalfe certaine angry letters to the Orientall Bishops assembled at Antioch; gaining nothing at their hands, hee addressed himselfe to the Emperour Constans, and perswaded him to write to his brother Constantius, to send certaine 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 Emperours, 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 wee say is related by So­zomen, without any intermixing of ought of our owne. So that it is not with­out good reason that the Easterne Bishops imputed the shortnesse of the time unto the Pope, seeing they had occasion to beleeve that hee had prosecuted and obtained the holding of that Councell without allowing them sufficient space to come thither.

CHAP. II. Other examples to prove that the Popes consent was not re­quired to the calling of Councels.

1 HEre Bellarmine stops, and speakes not of other Councels which were holden afterwards: it is true that he seems to dissipate and dispell all that we have replyed concer­ning the former Councels with one puffe: that is, that for foure or five Councels which the Emperours called, the Popes have called a dozen. Hee 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, hee would have given them the ly, and hooted at them. Let us shew 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 Generall Councell holden at Constantinople, under the Emperour Iustinian, was called by him without the Popes consent. This is proved out of [Page 146] his owne letters,Eight Generall Councels cal­l [...]d by Empe­p [...]rou [...]s. Wee have summoned you (saith hee) unto the royall City, ex­horting you in generall, that when you are come thither, you would declare your opinion and your minds about these matters. Nicephorus witnesseth as much,Iustinian. 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 Emperour Iustinian (saith hee) called the fifth Oecumenicall Councell, and cited the Bishops of all Churches unto it upon this occasion.

3 The sixth Generall Councell was called at Constantinople by the Empe­rour Constantine the 4, as Zonaras testifieth; Constantine (saith hee) being an Orthodox Prince, laboured to unite the Churches, that were at oddes by reason of the heresie of the Monothelites, who sprang up after the reigne of Heraclius, his great Grand-father: whereupon he called a Councell at Con­stantinople. Martinus Polonus ascribes the Convocation of that Councell to the Emperour Constantine; and speaking of Pope Agatho, hee saith no­thing of him, but onely that the sixth Synod was holden in his time.

4 Hee saith as much of the first Nicene, when he speaks of Constantine the Great, and Pope Sylvester. But for the Popes consent there is no newes at all. The Popes themselves witnesse 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 Emperour that called it dy­ing presently after, &c. And in another place, The sixth Generall Councell was holden at Constantinople, in the time of Pope Agatho, by the care and diligence of the Emperour Constantine who was there in person. The Popes verily have done themselves a great deal of wrong, that they declared not that Convoca­tion to bee 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. Concil p. 452. Tarasiu [...] in Epist. ad Ioan­nem presbyt. tom. 3. Concil. p 549. Zonaras tom. 3.5 The Acts of the second Nicene, which is the seventh General Councell, tell how it was called by Constantine, and his Mother Irene. The holy and Generall Synod assembled by the pious Decree of those Emperours, in the most fa­mous City of Nice, the Metropolis of Bithinia. And this is confirmed by that letter which Tarasius Patriarch of Constantinople, writ unto a certaine Priest, inserted in the Acts of the Councell; and by that which Zonaras speakes of it.

6 The eighth Generall Councell, which is the sixth of Constantinople, was called also by the Emperour Basil, witnesse Zonaras:Zonaras tom. 3. in Basilio Imp. Basil (saith hee) come into the great Church upon a festivall day, to receive the unbloudy sa­crifice, was hindered by Photius the Patriarch, who called him murtherer: but he being incensed with this repulse, calling a Councell, cast Photius out of the Church.

7 Cardinall Cusan freely confesseth that the Emperours had anciently this right of calling Councels: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 hee) wee read that the Generall Councels were ofttimes called by the Emperours, yea all the eight, as may bee proved out of their Acts; yet notwithstanding in those Councels the Pope had alwayes 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 [...] wee will speake of it anon.

8 This is no small thing that all the eight General Councels were called by the Emperours. I say the eight Generall, which are acknowledged to be such by the Pope: But we will finde more yet: Theodoret speaking of Athanasius's adversaries saith;Theodoret. l. 1. c. 28. ‘Hee perswaded Constantine the Emperour to call a Councell at Cesarea in Palestine; and to command that Athanasius should bee arraigned: but St. Athanasius knowing the malice of his Iudges, went not to the Councell.’ He afterwards addes, ‘Hee suspecting that Athanasius would not appeare in Cesarea, by reason, I suppose, of the Bishop of that [Page 147] place, commanded that the Councell should meet at Tyre. Popes pe [...]itio­ners for Coun­c [...]ls. Eusebius in the life of Constantine, speaking of the same Synod of Tyre saith, The Emperour 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 mankinde. 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 Councell of Carthage te [...]tifie, that it was called by Constantine, where Crates the Bishop of that City, speaketh thus: ‘L [...]t us thanke God that he hath inspired the religious Emperour 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 worke: to the end that wee may hol [...] Councels in divers Provinces.’

10 Theodoret, speaking of the Councell of Antioch;Theodoret. l. 2. c 21. About that time (saith he) Constantine making his abode at Antioch, called and assembled the Bishops together againe.

11 The Councell of Aquileia writes thus unto the Emperours,V. Gesta Conc. Aquil. eiensi [...] to. 1. Concil. p. 717. Gratian and Valentinian; ‘Wee give you thanks [...] most milde Princes, that, for the taking away of all quarrels, you have taken the paines to assemble an Ecclesiasticall Councell, and of your bounty have done this honour unto the Bishops, that such as would might come, and no man bee compelled.’

12 About the yeere 413, The Emperours Honorius and Theodosius the younger, called a Councell at Carthage, consisting of 313 Bishops, for the con­demning of the Pelagians; so Martinu [...] Polonu [...]. Martinus Po­lonus in Hono­ri [...] 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 Councell; whereto he neither gave consent for the calling of it, nor had voice in the decision.

13 Vnder the same Emperours there was a disputation and conference holden in the same City betwixt the Catholique 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 appeare. Flavius Marcellinus one of the Emperours officers, was made Iudge there; to whom those who ap­pointed the place of meeting direct these words,V. Gesta Collat. Carthag. circa princip. ‘Your greatnesse hath sent us through the Provinces according to the Emperours command, and hath dispatched his edicts & injunctions through all Affrica; to the intent that all Bishops, as well Catholiques as Donatists, should come unto this conference within foure months.’

14 The Fathers of the Generall Councell at Constantinople in Trullo, speake thus unto the Emperour Iustinian the second,V. Acta sext [...] Synodi, in Trullo apud. Bal [...]amon. ‘You ordained that this holy Generall Councell, elected by the divine providence, should be called toge­ther.’ And anon, ‘Vpon this occasion we have written these holy Canons, being assembled together in this Imperiall, and religious City by your pieties speciall command.’

15 The Acts of the fourth Councell at Rome assembled vnder Pope Sym­machu [...], In prin. Roma­nae Synodi 4. to. 2. Con. p. 472. shew that it was called by the command of King Theodoric, then ruler in Italy. Th [...] holy Synod assembled at Rome out of divers Nations by the command of King Theodoric, &c.

16 Those of the Synod of Aix the Chappell in Germany, holden under the Emperour Lewes in the yeere 816, speake in this sort [...] To. 3 Concil. p. 820. Author. appen­dicis ad Eutrop. Whereas the most Chri­stian and glorious Emperour Lewes hath called a holy and Generall Councell at Aix, &c. He that writ the continuation of the History of Eutropius, speaking of the Emperour Lewes the second, the sonne of Lotharius, saith [...] ‘The roy­all Majestie opposed the Apostolicall dignity, objecting to the Pope the an­cient decrees of Fathers, whereby [...] it is not lawfull for a Prelate to excom­municate a Bishop without a Synod: which Councell ought not to be called by the Pope, but by the Emperour.’ All this is spoken in favour of Iohn Archbishop of Ravenna whom Pope Nicholas the first had excommunicated.

[Page 148] Councels cal­led by the Em­perour.17 The Emperour Otho the Great, after hee had admonished Pope Iohn the 12, and saw that hee would not amend his scandalous life, Called a Councell (saith Platina) making all the Bishops of Italy meet to condemne that wicked person. The Emperour Henry the 3 (saith the same Platina) having called a Councell after hee had there compelled Bennet the 9,Platina in Ioanne 12. Idem in Grego­rio 6. Sylvester the 3, and Grego­ry the 6, as three most hideous monsters to renounce the Popedome, he created Sinde­gerus Bishop of Bamberg Pope, who was afterwards called Clement the 2. This was done in the yeare 1047, The Emperour Henry the 3, having called a Coun­cell at Wormes,Martinus Po­lonus sub ann. 1067. consisting of 24 Bishops, and divers noble men commanded that all the decrees of Pope Gregory the 7 should be cassed and cancelled.

18 Radenicus speaking of the Emperour Frederick the first, Supposing (saith hee) that after the example of the ancient Emperours, Radenicus l. 2. de gestis Fred. c. 54. Idem lib. 2. c. 64. Iean le Maire en la seconde partie du schis­me. as Iustinian, Theodosius, Charles, &c. the power of calling a Councell belonged unto himselfe. And else­where hee makes Frederick speake in the same tone, in that oration which he delivered to the Councell. ‘The Councell of Constance (saith Iohn le Maire) was assembled by the command of the Emperour Sigismond, and by the com­mon consent of the five principal Nations of Christendome, namely the Ger­man, French, English, Spanish and Italian for noting out of schismes.’

19 The Bishops thus called by the Emperours (that wee may note this by the way) were bound to goe to the Councels; which is sufficiently verified out of those places wee have formerly alledged: for the Emperours sum­mons being legitimate, it must needs follow that the parties summoned were bound to make their appearance. But it is requisite wee prove it out of the Acts themselves, for there are some of the Popes 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 Councell, 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 sleight our command, and refuseth to come unto the Councell, wee will send some from hence who shall dismisse him of his dignity; to teach him that no man may contradict Imperiall ordinances made in behalf of the truth.’ So the Emperour Theodosius, when hee called that of Ephesus, which was the third Generall Councell. Nicephorus saith hee added thus much unto his letters.Niceph. hist. l. 14 c. 34. ‘That hee 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) hee who after citation to a holy assembly of Bi­shops, doth not run with chearfulnesse, hee gives us to understand that hee hath no good conscience.’ There is yet this clause more; ‘So then wee, be­ing diligently employed about this businesse which wee have set our minde upon,V. Tom. 1. Act. Concil. Ephes. c. 25. will not suffer any man to be absent, without punishing him.’

20 Let us now returne to our former discourse. Wee suppose our adversa­ries are so reasonable that they will content themselves with these many ex­amples which wee have urged; and I beleeve they will suffer themselves to be perswaded hereafter, that the Councels wee speake o [...] [...]ere not called by the Popes authority, or consent. If so, those Historians which write of them doe grossely abuse us, considering they never speake a word of it: the Acts of those Councels which are yet extant amongst us for the most part, must bee 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 speake of the convocation made by Em­perours; as when they make mention of the sixth General, and the four first so much renowned Councels. Hearken w [...]t Pope Gelasius saith to it in his Coun­cel holden at Rome, As for the four first Generall all Councels, three of them were called by the Christian Emperours;Can. Sancta [...]omana. dist 15 to wit, the Nicene by Constantine, that of Constantinople by Theodosius the elder, and that of Chalcedon by the Emperour [Page 149] Martian. Hee might have added the fourth at Ephesus, Councels c [...]l­led by the Empe [...]our. which was called by the Emperours Theodosius and Valentinian. Hearken what is said hereof in another place of the Decretes concerning the Councell of Millain; ‘The Emperour Valentinian desiring to put a Catholique Bishop in the Citie of Millain, 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 bee, &c.’ And afterwards. ‘The Synod desired him to make choice and nominate one himselfe.’ So that St. Hierome ought to have used another phrase, when hee said in his Apology against Ruffine, Hieron. l. 2. apo­log. contra Ruf­fin Iacobatius l. 3. de Conc. art. 1. Bellarm. l. 1. de Concil c. 12. circa princip. Tell mee by what Emperours command that Synod was called? Hee who was a Clergy-man should rather have said, Tell mee what Pope consented to the Synod? For our Sophisters hold, that the Popes authority is the soveraign plaister, 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 wee shall make it appeare, that the Popes themselves became supplicants to the Emperours to intreat them to call Councels? That they became the Emperours servants in calling them at their command? That they were summoned unto Councels as well as other Bishops? Yea that the Emperours have holden Councels sometimes without them, sometimes against them? It is necessary that wee treat a little at large of all these Articles, to take away all meanes of shifting, and evasions from such as will not yeeld to reason.

CHAP. III. That the Popes have beene suiters to the Emperours to get leave of them for the holding of Councels.

WE descend to the proofe of this point not without good reason; considering that some have ventred so farre, as to affirme that the Emperours called Councels onely by commission from the Popes.Cardinalis I [...] ­cobatius lib. 3. de Concil art. 1. V. etiam Bellar­min. l. 1. de Concil. c. 13. ubi de Concilio Constantinop. 1. Alledging to this effect a misconceived passage out of the epistle sent by the first Councell of Constantinople to the Councell at Rome, which wee have expounded in the first chapter of this third Booke. Wee therefore maintaine this assertion to be so farre from truth, that on the contrary the Popes have become humble suiters to the Emperours, to desire of them that they would call Councels.

2 Pope Liberius, upon the instance made unto him by Constantius an Ar­rian Emperour, to abandon Athanasius, considering how hee stood condem­ned for a heretique by a Synod, makes this reply,Theodoret. l. [...]. c. 16. That in proceeding to Eccle­siasticall censu [...]es, great [...]quity ought to bee used, and therefore if it please your Holynesse command that an assembly be called to sit upon him to the end that if he be to be condemned [...] sentence may passe upon him in manner and forme Ecclesiasti­call. By which words hee meanes nothing else but the calling of a lawfull Councel. Which may bee collected from the sequell of that discourse betwixt Constantius and Liberius about the Councell of Tyre, wherein Athanasius had beene condemned: As also from that which Ruffin delivers concerning this particular in the sixteenth chapter of his Ecclesiasticall History.

[Page 150] O [...]he [...] [...]oun [...]els [...]lled by E [...]p [...]u [...]s.3 Pope Celestine with his fellow Patriarchs were petitioners to Theodosius the Emperour for the Councell of Ephesus. These things were no sooner known to the other Patriarchs (saith Zonaras, Zonaras tom. 3. speaking of Nestorius Patriarch of Con­stantinople) but Celestine Pope of Rome, Cyrill Patriarch of Alexandria, Iohn of Antioch, and Iuvenal of Ierusalem opened the cause to the Emperour Theodo­sius and Pulcheria the Empresse, humbly entreating them to cause the opinions of Nestorius to bee examined in a Councell.

4 Sozomen reports,Sozomen. l. 8. c. 2 [...]. (in his eighth booke, and 28 Chapter) how Pope In­nocent sent five Bishops and two Priests to the Emperours 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 Emperour Theodosius in his 23 Epistle,Leo epist. 23. et 31 et. 24. that hee would command a Generall Councell to bee holden in Italy. Hee repeats the same request to the same Emperour in his thirty first Epistle: and withall makes use of the favour of the Empresse Pulcheria in his twenty fourth Epistle: As also of the Empresse Eudoxia, as appears by her letter to the Emperour, and his answere; which are recorded in the Acts of the Councell of Chalcedon;Zonaras l. 3. p. [...]8. and further con­firmed by the testimony of Zonaras.

6 Pope Gregory exhorts one of our Kings to command a Councell to bee called, for the punishing of the vices and abuses of the Clergy within his Re­alme;Gregorius in registro c. 273. Wee are urgent upon you by our second exhortation, that for the reward which you shall thence reape, you would command a Synod to bee assembled, and (as we have long since writ unto you) cause the corporall vices of the Priests, and the foule heresie of Simony to bee condemned by the joynt sentence of all the Bi­shops; and to bee 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 Queene 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 Councels. Athanasius reports how himselfe and some others,Athanasius in epist. ad Solitarios. finding themselves aggrieved by the Arrians, petitioned the Emperour Constans for the calling of a Councell; and how upon their intrea­tie it was called at Sardis, whither the Bishops repaired from above five and thirty Provinces: The list of whose names you may finde in Theodoret. T [...]eodoret. l. 2. c. 8.

8 The Arrian Bishops prevailed with the Emperour Constuntius, for the calling a Councell at Milan;Theodoret l. 2. c. 15. They perswaded him (saith Theodoret) to call a Councell at Milan a City of Italy; and compell 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 Em­perours royall 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 Emperour to have it at Antioch: who by the cunning of the Arrians was wrought at last to proclaime two Councels, 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 Councels by virtue of the Em­perours authority, is plaine from that passage of the letter which was sent by the Generall Councell at Constantinople to Pope Damasus, and the Synod at Rome; where they mention how the Pope and his Councel had convoked the Easterne Bishops, by virtue of a commission granted by the Emperour Theo­dosius; But (say they) whereas you [...] proceeding to the holding of a Councell at Rome, have out of your brotherly charity summoned us thither, by virtue of the [Page 151] Emperours letters, as your fellow members, &c.Popes summo­ned to Coun­cels. So then we are already at a great deale of oddes with those people that put the Cart before the horse.

CHAP. IV. That the Popes have beene summoned to Councels by the Empe­rours, as well as other Bishops.

1 EMperours when they intended to call Councels, 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 Patriarchs and Metropolitans. Thus much wee collect out of Eusebius in the life of Constantine;Eusebius lib. 3 [...] de vita Constan­tini cap. 6. of whom hee saith, ‘That hee called a Generall Councell, 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 termes, to make them appeare with the more alacrity.’

2 The Emperour 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 Councell our clemency hath given out our letters to all the Metropolitan Bishops.

3 In the Acts of the Councell of Chalcedon, Iohn the Priest, and chiefe Se­cretary saith; ‘It is the pleasure of our most Christian, and most devout Em­perours, to ordaine that this your holy and reverend Synod should bee here assembled: Wee 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 Emperours to every Metropolitan in particular were publique­ly read, and inserted in the Acts of the Councell.’

4 And to prove that the Bishop of Romes case is no whit different from o­ther Bishops, but just of the same ranke and quality [...] Harke what follows im­mediatly in the same Acts; Bishop Iulius (who was Deputy for his Holynesse the Archbishop of Rome, and used Florens Bishop of Lydia for his interpreter) said that the most holy Bishop of Rome Pope Leo had beene summoned by the most Christian Emperours, by their letters of the same tenure.

5 Wee may observe by the way, that at that time the Greeke tongue was so well understood at Rome, and the Latine in Greece, that the Bishops of both Countries were glad to speake by interpreters. Yea in the very same Coun­cell of Chalcedon, Act. 16. Concil [...] Chalced. the Emperour Marcian made one oration in Greek for the one part, and another in Latine for the other; the matter of both being but one and the same. The Councell of Ierusalem made certaine Creeds both in Greek and Latine.Sozomen. l. 4. c. 5 The Popes Legates at the Councell 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 againe: Insomuch that the Romish Legates had almost made a controversie of it, fearing lest they should prejudice the Papall dignity by such an Act; and alledging therefore how it was the ancient custome to pro­pose [Page 152] the Buls of the See Apostolique in Latine only,The Popes ig­norance of the Greek tongue. and that might now suffice. Whereupon these poore Greek Bishops were in danger not to have understood the Popes Latine. But the Legats were at last content with reason, when it was evidenced unto them that the major part could not understand a word of Latine.

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 hee could not by any meanes get his Greek construed any sooner. Pope Gregory the first ingenuously confesseth to the Bishop of Thessaly, that hee 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 dayes, of having omnia jura in scrinio pectoris, all lawes in their breasts, but not all languages in their mouthes.

7 To returne to the point in hand: Tarasius Patriarch of Constantinople, speaking in a certaine letter of his to a Priest, of the calling of the second Councell of Nice, saith; I suppose you have heard how there was a Synod called at Nice,Tarasiu [...] in ep. [...] Ioan presb tom. 3. Concil. whither wee 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 divers other holy Bishops according to the letters of the most devout Emperours. Yea the Pope himselfe was summoned thither by virtue of those letters aswell as o­thers. Zonaras is more full in the relation where he speaks of that Synod; When all were agreed upon is, holy Tarasius being elected Patriarch, hee and the Emperours sent to old Rome, where Adrian was then Pope, and to all other Pa­triarchs, requiring them to send some in their place to assist at the Councell. If the Pope had had an hand in these summons with the Emperours, as Tarasius had, some would surely thinke they had wonne the day. But loe here you see the Pope summoned, aswell as others, by the Patriarch and the Emperours, to make his appearance at a Councell; even hee that bragges that he is above them all.

8 Wee may observe in the last place how Bellarmine, after he hath main­tained that Emperours could call no Councels till they had first required and obtained the Popes consent, forgetting what hee said, confesseth afterwards that the Popes were called unto Councels by the said Emperours, which can­not consist without a downright contradiction: For if Councels were cal­led only by leave and direction from the Pope, there was no need that hee should bee summoned himselfe, seeing it was hee that summoned others. But ther's yet a better jest behind: For, saith he,Bellarm. l. 1. de Concil. c. 19. The Emperours when they called Councels, summoned all other Bishops by way of Edict and command: but for the Pope they intreated him, that if hee pleased, hee would vouchsafe to come thither. I never saw so many fine devises. The prealledged passages doe plainely shew that all this is nought but winde and smoak. Those letters of the Emperour Martian, which hee urgeth for these pretended termes of ho­nour and respect, are no more but the responsories to Pope Leo's own letters, which hee had sent by his Legates, as is expressely affirmed in the letters them­selves. Leo had a long time been tampering with the Emperours for the cal­ling of a Synod, and at last obtained one: not in Italy, where hee desired it should bee, but in the East, whither he is by these letters intreated to come: So that these are not the ordinary copy of the Edict, for the Convocation of the Councell.

CHAP. V. That divers Councels have beene called either without the Popes, or against them.

1 WE said before that Councels have beene called without the Popes consent, yea even against them.Councels cal­led ag [...]inst Popes As for such as have beene holden without the Popes, we have pre­sidents in store; the Councels of Aquileia, Africa, France and Spaine. Those which are reckoned in the Canon, prima adnotatio, and others of like nature;Vid Can. prima adnotatio dist. 16. wher­of though some were nationall, some Generall, (that is, consisting of Bishops out of divers Countries) yet notwithstanding they were holden without the knowledge or consent of the Popes.

2 It may bee said peradventure that the Popes slighted these petty Coun­cels, and that they only stand for their authority over such as are Generall. But there is no such matter; for the very same prerogative which they pretend to have over General and Oecumenical Councels, they stickle for it over others also. Pope Symmachus tels us [...]o very roundly. The Councels of Priest [...], which by the Ecclesiasticall Canons ought to bee holden every yeere 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 hee purged Grati­ans Decrets, puts those words upon Damasus's 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. Io­anne 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. g [...]n [...]rat. 47. and (to helpe them for a shift) the ensuing words upon him, Silly fooles that you are, did you ever read of ought that was determined in them but by appointment from the See Apostolique, 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 Councels to depend upon the Popes authority: And Pope Gelasius is in the same tune, saying, That it is not lawfull to assemble any particular Councell; nor was it ever permitted so to doe: but when any question was to bee resolved either touching some doubtfull passages in Generall Councels, or touching salvation, recourse was wont to bee had unto the See Apostolique. The severall Acts of Councels both Provinciall, nationall, and Generall holden in divers Countries, may easily convince these domestique testimonies of falsity: in asmuch as it is plainly evident from them that those Councels were holden without the presence, authority, or consent of the Popes; and yet withall they made some Canons whereof the Popes af­terwards served themselves; and were well content they should be enrolled in their books.

4 Wee have also divers presidents of sundry Councels holden against the the Popes: as that of Rome called by Otho the Emperour against Pope Iohn the 12, about the yeer 956: Another called about 1040 by the Emperour 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 Emperour, against Bennet the 10, ann. 1058: That at Brixine called by the same Emperour a­gainst Gregory the 7. about the yeere 1083: As also the first and second at Pisa, the one against Gregory the 12, and Bennet the 13, the other against Iulius the second. There is not one of all these which was either called [Page 154] or consented unto by them at first;The Popes au­thorities an­swered. and I am much deceived if ever they were confirmed by them after.

CHAP. VI. That notwithstanding all these authorities, the Popes doe arro­gate unto themselves the power of calling Councels: and how long it is since they usurped it.

1 IT is not without good reason that wee have produced so many passages, to prove by the testimony of all an­tiquity, that the right of calling Councels belongs to the Emperours, and not to the Popes; and that their consent or advise was never required thereunto; con­sidering that, if wee give ear to them, there is no man how great soever hee bee in place, that may interpose himselfe in this businesse but themselves. And if wee must stand to their words, it is a judged case. Observe, I pray you, how they speake of it;Pelagius 2. ep. 1. ad Orientales. The power of calling Generall Councels (saith Pelagius the second) was by speciall priviledge devolved upon the See Apostolique by Saint Peter. And Leo the first, that so belaboured the Emperours Theodosius, Valentinian, and Marcian, to obtaine leave of them that a Generall Councell might be called, saith in a certaine 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 Iulii contra Orientales in decret. Isidori p. 54. et. 163. ‘Wee have sent out our letters to our brother-Bishops, and summoned them to a Generall Councell.’ Sixtus the third saith, Valentinian the Emperour hath called a Councel by authority from us.’ So Pope Marcellus and Iulius the first affirme, That Councels cannot bee holden without the authority of the See of Rome.

2 As for Pelagius wee must tell him by his good leave, that it is not true which hee saith; and desire him to answer all the fore-cited authorities. And for Pope Leo, if the will may passe for the deed, it was hee that called the Councell indeed: for I doubt not but hee was as greedy of arrogating this to himselfe, as the presidency, for which hee was at daggers drawing with Dios­corus, who, as hee said, had cozened him of it underhand. But it may be hee goes not so farre as some would beare us in hand: for he meanes onely of a Generall Councell of all the Bishops of Spaine, but not of all Christendome. The entire passage, which is mangled and cited by Bellarmine, is (as wee have formerly alledged it) conceived in these termes, Wee have sent out our letters to our brethren and fellow-Bishops of Tarraco, Carthagena, Portugall, and Gal­licia, and have summoned them to a Generall Councell. And it seemes he much distrusted his owne power; for hee addes, But if any thing hinder the celebra­tion of a Generall Councell, (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 Councell of the Bishops of Spaine, should give him onely the au­thority of a Patriarch in the West: but not in Africk, nor in the East. So that there is nothing gotten by this place for the calling of Generall Coun­cels: and for others we shall speak of them anon.

3 Now for Sixtus we will demurre upon an answer for him, till such time as he hath proved unto us that the Emperour called that Councell which hee speaks of by authority from him. And for the saying of Mar [...]llus and Iulius, [Page 155] it is capable of a tolerable construction;All Pa [...]riar [...]hs should be pre­s [...]nt at Gene­rall Councels. for they speake not of the calling, but of the holding of Councels. 'Tis true indeed, that for the holding of them, they take too much upon them by the word Authority: they should have used another terme, for that is too imperious to expresse what they in­tend. For all the authority they pretend to, comes but to this; That a Gene­rall Councell cannot be holden, unlesse they be called to it. Which we grant to be true. And this is the meaning of that old Ecclesiasticall Canon mentioned by some authours,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 Councels, without the opinion and ad­vise of the Bishops of Rome. The application which Pope Iulius the first makes of it, clearly proves as much; when hee complaines that hee was not called to the Councell of Antioch, where Athanasius was condemned, char­ging them for that with the breach of that Canon. Iulius (saith Socrates) in his letters to the Bishops of the Councell of Antioch,Socrat. l. 2 c. 13 tels them they had offended against the Canons of the Church, in that they called not him to the Councell: Forasmuch as the Ecclesiasticall 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. Iulius writ to the Bishops which were assembled at An­tioch, accusing them for seeking after novelties, contrary to the faith and beliefe of the Nicene Councell, and contrary to the lawes of the Church [...] for not calling him to the Councell: 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 Councels cannot bee held, unlesse they bee called by the Pope; and yet Pope Iulius doth not complaine that hee did not call the Councel, but that it was kept and hee never called unto it. Whereof hee had just occasion to complaine, consi­dering that a Councell cannot be termed Generall, nor any Decrees and Ca­nons made to binde the whole Church Catholique, unlesse all those which ought to bee present, especially the Patriarches, bee lawfully called there­unto.

5 Nor is this any speciall priviledge to the Bishop of Rome, but a right common to him with all other Patriarches; who ought of necessity to bee summoned to all Generall Councels. And this is the reason why the second Councell of Constantinople is not accounted properly Generall, because all the Patriarches were not there.B [...]l [...]amo in com­ment. ad Synod. Constant. 1. ad finem. However (saith Balsamon) the Synod of Constan­tinople be no Generall Councell, because the other Patriarches were not there; yet is it greater than all other Synods, and the Archbishop of that See is styled, Vniversall Patriarch.

6 For this cause also, Nestorius, when hee was summoned to appeare at the Councell of Ephesus, Socrat l. 7. c. 33 answered, that hee would, so as soone as Iohn the Patriarch of Antioch was come thither: for all the rest were there already; to wit, hee of Rome, and hee of Alexandria in the person of Cyrill, as also he of Ierusalem: 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, hee bandyed with his owne Bishops against Cyrill, and excommunicated him.

7 The eigh [...]h Generall Councel, after the arrivall of the Patriarch of Alex­andria's deputy, who came somewhat tardy [...] Actio 9 g [...]nera­lis [...] 8 Synod. to. [...]. Con [...]il. in fine ejusdem Syno­di. Zonara [...] to 3. Gave thanks to God at his com­ming, because hee supplyed what was wanting to a Generall Councell, and made it most compleat. And Basil the Emperour calls those five Patriarches, The five Architects of the Ecclesiasticall tabernacle. Zonaras calls the same Patriarches constantly, The Keyes or Princes of the Councell: as when hee speakes of the [Page 156] Generall Councels of Ephesus, H [...]w long since the Popes fi [...]st called Counc [...]ls. the first of Constantinople and Chalcedon: wee shall urge the words when wee come to speake of the presidency.

8 The authour of the booke entitled, The explanation of Councels [...] doth the like. Nay they were not only called to Generall Councels, but the custome was, for honours sake,Author expla­nationis San­ctor [...]m et vene­ra [...] Concil c 18 Tom. 2. Actor. Co [...]cil. Ephes. to wait for them certaine daies, when they did not come at the day appointed. So they stayed sixteen dayes after the time was expired, for the Patriarch of Antioch at the Councell of Ephesus. It were good reason to give the like respect to him of Rome; and so they should doe, yet not so as that they should forthwith breake up the Councell, or totally deferre it till his comming; or pronounce all things null and invalid which were concluded upon without him. It should suffice that hee was duely summoned as the rest of the Patriarches.

9 Hereupon Talasius Bishop of Cesarea in Cappadocia, upon a report which was current in the Councell of Ephesus, that Pope Leo's Legats had beene summoned, and yet disdained to appeare, said,Action 1 Conci­lii Chalced. Seeing so much hath been done as was decent and convenient for the Holy Councell to doe, I hold it no way necessary to delay the time any longer. It will bee answered that this Synod is rejected by the Pope. It is true; yet for all that the beginning of it was law­full, and the calling of it duely performed; so that it is neither impertinencie nor contradiction to affirme, That the saying of that Bishop was true, and yet the Synod was rejected.

10 The eight General Councel having expected the Popes Legats for cer­taine dayes, and seeing they came not, tooke 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, wee hold it an unbe­seeming thing to slight and endanger the tottering Church of our Saviour Iesus Christ by such delayes.

11 Wee are onely put to the pinch to finde out when this Ecclesiasticall Canon whereof we speake, 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. [...]n­tio [...]h. Prov. to 1 Conc. Can Sexaginta. Can. Clement. Can. Placuit. dist. 16. Bellar. l 1. de Concil. c. 12. Synod [...]s Alex­and [...]ina in epist. ad Feli­ [...]em. in de [...]reto Isiodori p. 167. V. Can 51. Con­cilii Carthag. et Balsamon. in laud. and urgeth Pope Marcel­lus's authority to prove it. But Marcellus onely 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, then wee 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 Iulius the first, and the Councell of Alexandria, saith, this Canon was renewed by the Nicene Councell. But we finde no such matter in the Acts and Decrees of the Councell 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 equall to other Patriarchs. A [...] for the Councell; Councels sometimes equivocate in their quotations. It is said in the Synod of Carthage, that Priests are enjoyned by the Nicene Councell to make their ob­lations fasting; and yet Balsamon assures us that there is no such thing deter­mined in the Councell; nor indeed can we finde ought of it in the Acts which are extant among us at this day. So likewise the Pope did equivocate, who would have made the Councell of Carthage believe that there was a reserva­tion in the Councell of Nice, for appeals to him.

12 It may bee answered that wee have not at this day all the Canons and Decrees of the Nicene Councell 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 Ecclesiasticall Dis­cipline: Now all those wee have; and the power of calling Councels, which is the point in question, is a matter of discipline. As for those which concerne points of faith, it skils not for the present whether there be more or fewer of [Page 157] them. Yet I suspect somewhat which is not improbable; namely,The Canon in favour of the Popes when made. that the confirmation of that Ecclesiasticall Canon, which hee af [...]irmeth to have beene made by the Councell of Nice, must bee referred to that which is ordained in the sixth Canon: Where it is said, That it is a plaine case, that if any bee or­dained Bishop without the opinion and advise of the Metropolitan, hee ought not to bee acknowledged for such. For this ought to bee extended to all things which are treated of by an assembly of Bishops: So Balsamon expounds it, who after hee had said, Forasmuch as the Bishop of Rome is Patriarch of the Westerne Provinces, hee addes, The Canons meane that Patriarches should be a­bove Metropolitans, and Metropolitans above Bishops; to the intent that no matter of moment and importance bee done by the Bishops without them. Now the Pope gaines nothing by all this, for any Patriarch may serve himselfe of this Canon, and apply it to his owne 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 Patriarches and Metropolitans; and that Pope Iulius, being the first that complained of the breach of it, al­ledged that Canon as if it had beene particularly in favour of himselfe, howbe­it it was conceived in generall termes. And indeed hee 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 hee commenced against the Bishops in the Councell of Antioch, in imitation of his words, have also restrained the Canon to parti­cular termes, howbeit at the first it ran in generall.

13 If this exposition will not give all the world content, wee 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 generall Decrees, nor hold any Syno­dicall assemblies, without calling in the Bishop of Rome unto them, by that meanes to preserve the union of the Churches: Decreeing thus much in fa­vour of him, rather than any other in consideration of his remotenesse: as al­so, for the same reason, they allowed him to nominate some Greek Bishops for his Legats: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 Legats out of our quarters, yet were they not therefore under him. For all this wee will never deny but by the See of Rome was alwayes held in honourable esteem, both for the glory of the Citie, which was the head of the Empire, and the sanctity of the Bishops in those dayes; 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 Councell of Rome, writing to the Bishops of Illyrium, amongst other reasons which they urge for the rejection of the Councel of Ariminum, bring this for one, because certaine 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 speciall regard ought to bee had above all others.

14 It may furthermore bee said, and that not unlikely, that this Canon was first made at that Councell,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 controversie concerning the keeping of Easter day; if so be it bee true, which is reported, that Pope Victor was present there in per­son [...] together with Narcissus Patriarch of Ierusalem, Theophilus Bishop of Cesarea, and Ireneus Bishop of Lyons: considering that (as Eusebius relates) about the same time there were sundry Canons and Decrees made in sundry Councels concerning that controversie: which might very well give occa­sion to all those Patriarches and Bishops there met together, to ordaine, for the better avoiding of such difference for the future, and preserving the union of the Church, that from thenceforth no universall Decrees should be made, un­lesse all the Patriarches or Metropolitans were first called.

15 Yet for all this I doe much suspect that Councell of Alexandria, especi­ally [Page 158] in that forme wherein it is presented to us;Spu [...]ous Ca­no [...]s i [...]posed by th [...] Pop [...]s. it being very improbable that both Victor and Ireneus should bee 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 divers Councels holden upon occasion of that divers 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 quarrell was not then accorded, but continued till the Councell of Nice; so that wee are yet to seeke for the authours of that Canon, nor is there any body that can tell us any newes of them. But be hee who he will, it may suffice that wee have set downe the true meaning of it.

16 Let not then Bellarmine and Baronius, and all those that speake of it, give any more right to the Pope by virtue of that Canon, than hee himselfe pretended to have. For Iulius never complained that the Councell was cal­led by another, and not by himselfe: nor yet that the designe of holding the Councell was concluded upon without acquainting him with it, but onely 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 beene taught to speake another language. Did I say afterwards? nay even before too, even those that lived before the Nicene Councell [...] who tell us won­ders of the authoritie of their See; who (as they say) command the Pagan Em­perours, and make lawes and rules against them; who arrogate unto themselves the appeales from other Bishops, and the jurisdiction of making all causes of their cognizance; who foist in other Canons and D [...]crees of the Nicene Coun­cell upon us, than those which were approved of, and for their owne advan­tage: who in case of appeale from other Bishops, goe beyond the bastard Ca­non of Nice, which the Popes, to their owne shame and confusion, would have had legitimated by the Councels of Africke: who would perswade us also that it belongs to them to call Councels, to preside in them, to ratifie and con­firme them, although in those dayes there was no such matter. Those good Bishops (I say) who never thought of ought but martyrdome and tortures, have beene made to speake after their death, what their life disavowed and gave the lye unto.

17 But seeing that the rude and ignorant style of those Decrees betrayeth the asse unto us by the eares; that this new plant could never yet take root in the understanding of the learned; that the Popes owne Canons give us just cause of suspicion against them, inasmuch as they informe us that the most an­cient Decrees in this kinde are those of Sylvester and Siricius, Can de lib [...]ll [...]s dist. 21. Can. Si Romano­rum dist. 19. Gra [...]ian [...] in ver­sic. quomodo: & Can. vigi [...]t dist. 17. so that our pre­decessors long agoe 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 dayes; & besides that our Gratia