THE antient Fervor of Christian Charity being grown cold, which not only moved Princes,N. 1. and private Persons to give temporal Riches plentifully to the Churches; but also induced the Ministers of the Church to bestow them holily on pious occasions,N. 2. it is no wonder if at present faithful Stewards seem to be want­ing, and others diligent only in gaining and retaining have succeed­ed in their stead, so that it hath been necessary to moderate by Laws the excessive gaines, and a continual desire is kindled in godly men to see the Administration of the goods possessed by the Churches once more restored, if not to that antient Exemplariness, at least to a tole­rable Moderation.

The Defects which appear to us in these dayes, entered not into the Clerical order all together, neither grew they so Eccessive at one in­stant of time; but from a supream, or rather from a divine Perfecti­on they descended by degrees unto Imperfection, which is now mani­fest unto all, and confessed by the Clergy it self, and by some esteem­ed irremediable: Notwithstanding that if it pleased God our Lord to give unto his faithful as much grace as he gave to our forefathers, we should not loose the hope of seeing the same wonders yet in our Age: It is indeed necessary that as by Degrees we came to this depth of Mi­sery, so by Degrees we may ascend towards that height of Perfecti­on in which the Holy Church was. The which cannot be done,N. 3. but by knowing what was the Administration of temporal things from the Beginning, and how this good Government came to fail, it is particu­larly necessary before all things, to tell how the Church from time to time acquired temporal Riches, and how upon each alteration it ap­pointed [Page 2]Ministers to bestow, or to possess them, which will discover to us the hindrances which in these times prevent a good Reformation, and will shew how to overcome them; and this is my Design in the present Discourse so ample concerning beneficial matter.

The beginning of Ecclesiastical Benefices was whilst our Lord Jesus Christ, Conversed in this world, and their Stock was nothing else but the Oblations of Pious and devout Persons, N. 4. which were kept by a Mi­nister, and distributed for two works only; one for the Necessities of our Lord, and of the Apostles preachers of the Gospel; and the other for Almes to the Poor. All this is clearly seen in St. John, where the Evangelist sayes that Judas was he who bore the Purse, wherein was put the Money presented to our Lord, he spending the same, and buy­ing things necessary for them, or else distributing to the Poor accord­ing to what our Lord commanded for the day. St. Augustin consi­ders that Christ having the Attendance of Angels who Ministred un­to him, was in no necessity of keeping or preserving of Money: ne­vertheless he would have a Purse, to give an example to the Church of what she ought to do, and therefore the Church alwayes understood that from his Divine Holyness by his own Example the Form of the Ecclesiastical Money might be instituted,N. 5. instructing from whence it should be taken, and wherein it should be laid out. And if in our dayes we see not this holy institution observed, we ought to consider that for our instruction, and for our consolation the Divine Scripture relates, that then Judas also was a Thief, and usurped to himself the goods common to the Apostolical Colledge, and came to such a Height of Covetousness, that what he stole seeming not sufficient for him, he proceeded so far in wickedness, that he sold to the Jews the very per­son of Christ our Lord, to make his summ of Money greater. And if we either in reading Histories, or else in observing things occurrent in our Times, we shall believe that Ecclesiastical Goods are in a great Part spent in other uses than Pious, and that some of the Ministers not content of usurping to themselves that which ought to be in com­mon to the Church, and to the Poor, have gone so far as to sell Sa­cred things and Spiritual Graces to make Money, N. 6. we ought not to refer this to a Particular Misery of our or of any other times; but to ascribe it to the Divine Permission for the Exercise of the Good, consider­ing that the Beginning of the Infant Church was subject to the same Imperfections: Indeed we ought every one according to his Degree and Vocation to procure a Remedy, and he that cannot do otherwise by his Prayers, and he that can hinder the Evil by preventing and oppo­sing the Abuses, considering that although Judas had no humane Pu­nishment, because those who ought to have punished him were Com­plices in his Offence, nevertheless divine Providence shewed what Pe­nalty he deserved, and appointed that he should be his own Executi­oner, for a Document of what those ought to do, who are given for Tutors and Defenders of the Church in following Ages.

After Christ our Lord had ascended into Heaven, the holy Apo­stles followed in the Church of Hierusalem the same Institution of hav­ing the Church money for the two Effects abovesaid,N. 7. that is, for the Need of the Ministers of the Gospel, and for Almes to the Poor: and the Stock of this money was likewise the Oblations of the Faithful, who also making all their Goods common, sold their Possessions to make money for this use: So that the Community of the Church was not di­stinct [Page 3]from the Particular of each faithful Man, as is practized still in some Religions which observe those first Institutions.

The Christians in those primitive Times were very ready to strip themselves of their Temporal Goods, to bestow them in Almes, be­cause they looked for the end of the World to be at hand, Christ our Lord having left it to them uncertain, and although it was to last as long as he pleased, they considered it no otherwise but as being to end then, holding for certain that the Figure of this World, that is, the State of this present Life passeth away; wherefore the Oblations encreased alwayes the more; yet the Custom of not having any thing of ones own, but all things in Common,N. 8. so that there was neither poor nor rich, but all lived equally, went not out of Hierusalem; For in the other Churches which the Holy Apostles planted, it was not in­stituted, neither did it last long in Hierusalem.

Whereupon 26 years after the Death of Christ it is read that the publick was distinct from the private, every one knowing his own, but the money being common in that Church as in others founded in Ob­lations, which placed in Common, served for the Ministers only and for the Poor, and it was not Lawful for him, who had wherewithal of his own, to live upon the Churches Stock; whereupon St. Paul or­dained that Widdows who had Kindred should be relieved by their Relations, that the Church Goods might be sufficient for those who are widdows indeed, that is, Widdows and poor.

The first day of the week which for that cause was called the Lords day, the Faithful met together,N. 9. and each one offered that which he had set apart of the foregoing week for the Necessities of the Com­mon.

The care of these Goods which our Lord whilst he was in this Mor­tal Life gave unto Judas, was administred by the Apostles themselves for a short Time after the Ascension, but afterwards perceiving that Murmurings and Seditions did arise amongst the Faithful, about the Distributions that were made, it appearing to some that they were not so great Sharers of the Common, as they willingly would have been, and believing that others had more than they ought, so as the Com­mon Evil in all Times in dispensing the Goods of the Church, the Apostles knew they could not attend this perfectly, together with preach­ing of the Word of God, they determined to retain to themselves the Ministry of Preaching and teaching, appointing for this Office of hav­ing care of Temporal things, another sort of Ministers quite different from that which we see done in our Times, wherein the chief Prelates of the Church attend the Government of Temporal things, N. 10. and the Office of Preaching and teaching the Word of God, and the Doctrine of the Gospel is left unto the Fryars or Brethren, or to some inferior Priests in the Church.

But these new Ministers which the holy Apostles instituted for go­verning Temporal things were called Deacons, Deacons. for which purpose Ele­ction was made of six from all the Body of the Faithful, which the Apostles appointed for that Ministry, and wheresoever they founded a Church, they also appointed Deacons in the same Manner, as also they ordained Bishops and Priests and other Ecclesiastical Ministers, Fasting and Prayer preceeding, and the Common Election of the Faith­ful following after, Observing inviolably this order of never deputing any man to any Ecclesiastical Charge, who was not first elected by the [Page 4]universality of the Church, which is of all the Faithful together.

This Custome continued in the Church in such a Manner for about 200 years, N. 11. maintaining the Ecclesiastical Ministers, and the Poor also with the publick Goods, there being no other Stock but the Oblati­ons which were made by the Faithful in the Church, which Oblations were in great Abundance, because out of Fervency of Charity every one offered all that he could according to what he had, so that when the means of the Faithful in one City were abundant for the supplying the wants of their own Church, they made Collections for other poor Churches also: For which cause St. James St. Peter and St. John, when they acknowledged St. Paul and St. Barnabas for Consorts and Com­panions in the Gospel, they recommended this Work unto them, to Collect some Almes for the poor Church of Hierusalem, for which St. Paul also mentions the having made a Collection in Macedonia, in Achaia, in Galatia, and in Corinth, and this Custom was observed not only during the Apostles Life times, but also after their Death; and in the Church of Rome where Riches were plenty, the Offerings also were Abundant,N. 12. for about the year 150 they not only served to Maintain the Clerks and poor Christians of that City, but also to administer abun­dantly unto other Churches, not only to the Neighbouring, but also to those at a Distance, giving Food in divers Provinces unto poor and miserable Christians Condemned to Prisons, and to working in Mines, and to shew the Abundance of the Oblations, I shall only say this that Marcion about the year 170,Marcion. A^o. 170. made an Oblation in the Church of Rome at one time of 5000 Crowns of Gold, and because he had certain O­pinions not Convenient in Matter of Faith, he was expell'd from the Congregation, and all the money restored to him, that holy Church esteeming it self polluted in retaining the Goods of a Heretick.

Afterwards the Church of Rome encreased so in Treasures, that af­ter 220 years the Roman Emperors were desirous of them;A^o. 220. Decius the Prince. whereupon Prince Decius Arrested St. Lanrence a Roman Deacon to take the Ec­clesiastical Treasures from him, they being grown so Copious; but that Prince was Mistaken,N. 13. believing that the Treasures were Collected and preserved, for that holy Deacon was aware of the Tyrants Greediness, and foreseeing the imminent Persecution bestowed all at one time, as they were wont to do in such like Dangers; and the most part of the Persecutions made against the Church after the Death of Commodus were for that Cause, that is, because the Princes or the Governors find­ing themselves short of Money, were willing to make themselves Ma­sters of the Christian Churches Stock that way.

After the Churches were enriched, the Clerks also began to live more at ease, and some not being content with the ordinary daily food of the Church, would live separately in their own Houses, and receive from the Church their separate proportion in Money every Day, or for a Month together and longer; a thing which although it declin­ed from the Primitive Perfection,N. 14. was nevertheless tolerated by the Fathers. Besides, the disorders did not stand at this stay, but the Bi­shops began to fail the Poor in their usual Almes, and to keep for them­selves that which ought to be distributed, growing rich with the Com­mon Goods of the Church, dealing in usury for to encrease them, and leaving off the care of teaching the Doctrine of Christ, all busied them­selves in Covetousness, which things St. Cyprian laments that they were practised in his time, and concludes that God (to purge his Church [Page 5]of these Errors) might permit that great Persecution which was under the Empire of Decius, because his divine Majesty hath alwayes reform­ed his Church, either mildly by the means of Lawful Magistrates, or when the Excess is gone too far, by the Instrument of Persecu­tions.

But although the Church possessed so much wealth,No Stable Goods at first. yet it had no setled or Stable Goods; first,N. 15. because they cared not for any upon the Reason abovesaid, for they esteemed the End to be at hand, and all Worldly things to be Transitory, and of a great weight for one who tends towards Heaven; and again because no Society, Colledge, Com­munalty, nor Corporation according to the Roman Laws could be gi­ven to, bequeathed, or have left by Will, any Goods immovable, nor for any cause whatsoever, could possess the same, unless it were approv­ed of by the Senate, or by the Prince; neither can this be doubted of, although, Some Epistles goe about under the Names of old Popes, which give a Reason why the Apostles should sell their Possessions in Judea, and the succeeding Christians should preserve them, by saying, that was because the Apostles foresaw that the Christian Church ought not to remain in Judea, but indeed amongst the Gentiles, as if in the Gospel the cause of selling were not expresly shewn when Christ said to his Church: Fear not, O little Flock; N. 16. sell what ye possess and give Almes, that although Hierusalem were destroyed, at its Building again there might be an Abundance of Christians, and yet have not been destroyed in the Cities where the Churches amongst the Gentiles had Possessions; But labouring to shew this Falsehood is superfluous, be­ing a certain thing that these Epistles are Suppositious, A^o. 800. and were framed about the year 800, by those who preferr'd (as is still done at this present) Riches and Pomps to the Apostolical Moderation Institut­ed and Commanded by Christ: But the Confusion which was much continued in the Empire after the Imprisonment of Valerianus, the Laws being but little observed, chiefly in Africa, in France, and in Italy, some left or gave Stable Goods to the Churches, which in the year 302, were all confiscated by Diocletian, and Maximian, though in France the Emperors Decrees were not Executed by the Bounty of Constance Cloro Caesar who Governed it; But these Princes having renounced the Empire, eight years after Maxentius restored all the Possessions to the Church of Rome, and a little after Constantine, N. 17. and Licinius granted freedom of Religion to the Christians, approved of the Ecclesiastical Colledges call'd Churches, granted generally throughout the Empire, that they might gain or acquire Stable Goods as well by Gift as by Te­stament, exempting also the Clergy from personal publick Services, Exemptions of Ecclesia­sticks. that they might attend the duties of Religion more Commodiously.

The Custome of our times of giving or of leaving ones Estate to the Church, with a special obligation of some particular work, as of Build­ing, of Marrying young Damsels, of providing for Orphans, or others, neither with Obligation to Masses, Anniversaries, or to other Ecclesia­stical Offices were not then in Account, nor in Use for a long time af­ter; But Persons gave or bequeathed absolutely, and the Gift or Lega­cy was incorporated into the Common Mass, N. 18. which was the Stock for the Expences of all pious Works, wherefore speaking of ancient Eccle­siastical Goods, it is most true that they are not dedicated to any par­ticular Work, but it is not true that they may be laid out in what a man will, but in the generality of Pious Works only. The Exempti­ons [Page 6]which Princes granted unto Ecclesiastical Goods, freeing them from publick Contributions was a great encrease to them,Exemptions of Ecclesiasti­cal Goods. and it was for­merly observed every where inviolably, with great satisfaction to Prin­ces, and with the Approbation of the People, N. 19. for it proved not dammage­ble to the Publick, nor burdensom to the Commonalty for two Rea­sons, one, because Ecclesiastical Goods were finally the Poors of the People, and exempting those who had not, and leaving the Contribu­tions to those who had wherewithal, was alwayes accounted just; the other, because Exempting a man when he hath little, and less than what sufficeth, is no Burden unto others. Nevertheless no man should infer that the same liberality of Princes towards the Church, would be just and Convenient in these times also when it is grown so Rich, that it possesseth a quarter, and without doubt more than what the remain­der of the Persons, and this is not laid out any longer for the Poor; so that to Exempt them would be contrary to what good Princes have done, in Exempting the Rich, and in laying their due burdens on the Poor. Wherefore the Princes at present are no less pious than those then, but the Subject is different: For these would also grant Exemp­tions to the Church if it were poor, and those would not have grant­ed it, if it had been Rich.

The great Devotion of Princes and of the People, as it caused the Wealth of the Clergy to encrease abundantly, so it excited a great Thirst in the Ecclesiastical Ministers, to Multiply it or heap it up; from which excess not so much as the wel-minded men were free; for seeing how the Distribution of Ecclesiastical Goods fell to the Glory of God,N. 20. and to the Common Good, they concluded that the more the Church had to Distribute, the better it was, whereupon they made use of all Wayes and of all Arts to gain Wealth, not considering whether the Means they used were Lawful and suitable unto Equity; so that if the Effect did but ensue, viz. that the Church might gain by any means whatsoever, She seemed to have made a Sacrifice unto God: And cer­tainly immense and innumerable Evils proceed from this sort of Zea­lous Persons, who do not use Discretion with their Zeal, because it seeming to them that every thing sent for A Religious End by what way soever to be Good, they oftentimes Act against Piety and against Humanity, putting the World into a confusion; thus it happened in the Primitive times, that the Church obtained Power to acquire real Estates, it was believed by some Religious Men, to be a Service of God to deprive their own Children and Kindred, to give to the Churches, for which cause also they Omitted no Art to induce Widdows, Dam­sels,N. 21. and other easie Persons to deprive their own Families, to leave to the Church: The Disorder passed so speedily the Bounds of being o­vercome, that the Prince was necessitated to provide against it, and in the year 370,Statute of Mortmain. A^o. 370. a Law was made, which although it did not deprive the Churches from Acquiring or Purchasing absolutely, yet it Prohibited the Clergy from going unto Widdows Houses and Orphans, and from receiving by Gift, or by Will any thing from Women, not only di­rectly, but also by means of any third Person: Which Law St. Hie­rome confesseth to have been a Remedy against the Corruptions entred amongst the Clergy, and gone too forward in the Desire of getting Temporal Estates, neither did that suffice; For within few years after, that is in 390,A^o. 390. another Law was made, that a Widdow who devoted her self to the service of the Church, could not give or leave to it by will [Page 7]any real Estate or precious Housholdstuff, which is discoursed of at large elsewhere.

This Excess of getting was not very pleasing to St. Augustin, N. 22. who lived in those dayes, for he openly declared, that it pleased him bet­ter that Inheritances should be left to the next of Kin, than to the Church, and indeed he refused some Inheritances left unto his Church, saying openly, the Ecclesiastical Ministry consisted not in Distributing much, but in Distributing well.

Likewise he reproved a new way the Church had of purchasing found out in those dayes, which was buying real Estates with the Advance made upon the Incomes or Rent, which way that Holy man alwaies ab­horred, neither would he ever permit it in his Church, for he declared in his publick Sermons, that he had rather live upon the Oblations and Collections which were wont to be made in the Primitive times of the Church, than to have a Care of Possessions, which were burdensome to him, and hindered him from attending intirely upon the Principal Charge of a Bishop, that is, of Spiritual things; adding further, that he was prepared to renounce all Possessions,N. 23. if a livelihood were provided for the Servants of God, and Ministers, as in the old Testament, by way of Tythes or of other Oblations, without being subject to the Distra­ction, which the Care of Earthly things brought along with it.

But for all the Checks of the Holy Fathers through their good Ex­hortations, and of the Princes by their good Laws, the Ecclesiastical Goods could not be hindered from encreasing above what they ought only the ancient manner of Governing and of bestowing them remain­ed and lasted till the year 420, without any notable Alteration; Besides all the Oblations and other Ecclesiastical Incomes proceeding from Re­al Estates were in Common, and governed by the Deacons by the Sub-Deacons, and by other Stewards their Assistants, and Distributed for the Maintenance of the Ecclesiastical Ministers and of the Poor; the Colledge of Priests and the Bishop were principally the Intendants, and in short an Account of all Receits and Disbursments was kept, so that the Bishop Disposed of every thing, the Deacons Executed it, N. 24. and all the Clergy lived upon what the Church had, although all did not ad­minister. St. John Chrisostome makes mention that in those dayes the Church of Antioch fed above 3000 Persons at the Publick Expence: 'Tis also a thing certain, that the Church of Hierusalem bore the Ex­pences of an infinite Multitude of Persons, which happened there from all parts of the World. It is Recorded in Histories that Atticus Bi­shop of Constantinople, Assisted the Church of Nicea in Bithynia by reason of a great Concourse of poor People in that City, which were Numbred to 10000 in one day.

But after France, Spain, and Africa were divided from the Empire, and erected into distinct Kingdoms, and the Succession of Theodosius Extinct, Italy after the Inundation of divers Barbarous People being fall'n into the hands of the Kings of the Goths, Division of the East from the West. and the East divided from the West, the Churches were also differently Governed, the Ea­stern Church followed the Common Government already instituted;N. 25. In the Western, the Bishops by Administrators and Superintendents be­gan to make themselves Masters, and to Govern the Goods of the Church in an Arbitrary manner, from whence proceeded a great Con­fusion, in the Distribution of the said Goods, and chiefly to the Dam­mage of Buildings, which fell to Ruin, and of the Poor who were for­saken: [Page 8]For which Cause about the year 470, 'twas ordained in the Western Church,A^o. 470. Division of Goods Eccle­siastical. that four parts should be made; one should be the Bishops, the second for the other Ministers, the third for building of the Church (which Comprehended not only the Building of the Place where the People met together, but also the Habitations of the Bi­shops, and other Clergy-mens, and of the sick and Widdows) and the fourth for the Poor: But these Poor amongst most of the Churches as St. Gregory relates, were meant only the Poor of the place, because all the Hospitality belonged to the Bishop, page 26. who upon the Expence of his own Portion was Obliged to Lodge the Forraign Clergy, and to feed the Poor which came from abroad. Yet 'tis not to be believed, that this Division was in four Arithmetical and equal Parts, but Proportionably; because in some Churches the Number of the Clergy required, that their Expences should be greater than for the Poor; on the contrary the great Number of Poor, and the small Number of Clergy-men re­quired otherwise, even as in the greatest Cities, the Charges of Build­ing was great, but not so in the ordinary ones; because every Church accepting the Decree of Dividing into four parts, made the Divisions with different proportions, according to their own different Neces­sities.

I know that some do attribute this Division to Pope Sylvester, who was 150 years before, grounded upon some feigned Scriptures after, with little Honour to that Age, which was not then much Polluted.

In the Theodosian Codicil,A^o. 359. there is found a Law of Constantius and Julian, page 27. in the year 359, Exempting the Marchant-Clergy from paying Custome or Tribute, because what they gained, was the Poors; so far are we that the Church Goods should be Divided, that they left their gains in Common,A^o. 550. but in these years which were about 500, although the Rents were Divided into four parts, yet the Estates were not Di­vided, neither the real Estates, nor the Oblations and Almes, but all Governed together by the Deacons and Sub-Deacons, and the Incomes Divided into four Parts; which thing hath been necessary to be men­tioned in this Place, because in Succeeding times, there will be de­clared such a change of Government, which in and through all things proved Contrary to the Antient, as also the Manner of Chusing Mini­sters was, (as is abovesaid) Instituted by the Holy Apostles, that Bi­shops, Priests,Election of Bishops & [...] and other Ministers of Gods Word, and the Deacons Ministers of Temporal things, should be Elected by the Ʋniversality or Generality of the Faithful, and should be Ordained by the Bishops, with laying of Hands on the Head, a thing which lasted without altera­tion.

The Bishop was chosen by the People, page 28. and Ordained by the Metropo­litain, in the Presence of all the Cumprovincial Bishops, or else by their Consent granted by Letters from those who could not be present, and if the Metropolitain was hindred, the Ordination was made by three of the Neighbouring Bishops, with the Consent of him, and of those that were Absent: And after that, many Provinces for a better Form of Government were Subject to one Primate, his Consent was also re­quired for Ordaining. Then the Priests, Deacons, and other Clergy­men were presented by the People, and Ordained by the Bishop, or else Nominated by the Bishop, and with the Consent of the People Ordain­ed by him.

An unknown man was never received, neither did the Bishop ever [Page 9]Ordain one who was not approved of and Commended, or rather pre­sented by the People, and the Consent or interveening of the People was Judged so necessary, that Pope Leo the first treateth amply, that the Ordination of a Bishop could not be valid nor Lawful, which was not required, or sought for by the People, and by them approved of,N. 29. which is said by all the Saints of those times, and St. Gregory esteemed that Constance could not be Consecrated Bishop of Milan, who had been Elected by the Clergy, without the Consent of the Citizens, who by reason of Persecutions were retired to Genoa, and prevailed, that they should be first sent unto, to know their Will, a thing worthy of being noted in our dayes,☜ when that Election is declared to be Illegi­timate and Null, where the People have any Share; Thus things are changed, and passed into a quite Contrary Custome, calling that Law­ful which then was accounted Wicked, and that Unjust which then was reputed Holy. Sometimes when the Bishop was grown Old, he no­minated his own Successor; Thus St. Augustin nominated Eradius, but that Nomination was of no value, unless it were first approved of by the People, all which things are necessary to be kept in mind, to com­pare them with the Customs and Manners, which were seen to be pra­ctised in subsequent times.

'Tis necessary now to make a little Digression for a new Cause,N. 30. which hath brought a very great Encrease to Ecclesiastical Estates, and sprang up in these very times about the year 500, and this was another sort of Religious Colleges, called Monasteries. A^o. 500. Monasteries Monkery. A^o. 300. Monkery began in Ae­gypt about the year 300, those who fled from the Persecutions, and from thence past into Greece, where by St. Basil, about the year 370, it was formed in the manner which yet continues in those Countries. But in Italy about the year 350, it was brought to Rome by Athana­sius, A^o. 350. where he had but few followers, and little Applause in that City, and in the Neighbouring Places, until that time of about the year 500, when St. Equitius, and St. Benedictus gave it a setled Form, and di­fused it, though indeed the Institution of St. Equitius Extended it self but little, and soon fail'd, but that of St. Benedict, spread it self all over Italy, and went beyond the Mountains.Monks nor Clerks but Seculars. The Monks in those dayes and for a long time after, were not Clerks, but Seculars, and in the Monasteries which they had without the Cities, they lived upon their own Labours of Husbandry, and other Arts, together with some Oblations made them by the Faithful, all which was Governed by the Abbot: But in the Cities they lived by their work,N. 31. and by that which was appointed for publick Expences by the Church. These retained their Antient Discipline much longer; The Clerks after the Stock of the Church was divided, lost sufficiently of the Peoples Divotion, where­upon there were few who either gave or left any more Goods to them, so that the Acquisitions and Purchases of the Church would have been at an end; But the Monks continuing the living in Common, and in Pious Works, were cause that the Liberality of the People was not extinguished, but forsaking the Clerks turned towards them who were greatly Instrumental in Encreasing Ecclesiastical Wealth, and in pro­gress of time, augmented greatly in Possessions and Incomes, given to them and left by Will, which indeed was then spent by them in the Maintenance of a great Number of Monks, and in Hospitality, in School­ing and Education of youth, and in other Pious Works.

The Abbot Tritemius makes account that the Monasteries of Bene­dict in Monks were to the Number of 15000,N. 32. besides the Prepositures and lesser Convents.Prepositure.

The Monks themselves chose their own Abbot, who Governed them Spiritually, and Ruled also as well the Goods, which came by the Cha­ritable Offerings of the Faithful, as of those which proceeded from the Labour and Art of the Monks, and in progress of time those also which came from setled Revenues; But the Bishops in these dayes which Succeeded the year 500,A^o. 500. being become absolute Dispensators of the fourth part of the Church Goods, began also to mind more Temporal Things, and to make themselves to be followed in the Cities, whereup­on Elections were no more used as the End of Divine Service, but with Seditious Practices, Proceeding oftentimes from Practices, to Publick Violences, for which cause Princes who until then took but little thought of whom should be Elected unto this Ministery, began to bethink them­selves of it,N. 33. being advertised by the Holy men of those times, that God had Committed the Protection of his Church unto them, and there­fore they ought by the Command of his Divine Ministery, to take such care that Ecclesiastical Affairs should be Lawfully Managed.

The Princes also saw evidently how great Impediments were brought against the Quietness of the State, and against the good Government of the Common-wealth, by the Private Interests of the Ambitious Clergy, and by the Seditious Practices, which they used to acquire Ecclesiasti­cal Dignities; whereupon, partly out of Divine Respect, and partly for Human, they began to prevent the Clergy and the Laity from pro­viding themselves after their way according to their Affections, as well because Affairs being altered and the Bishoprick no more shun'd, but coveted, they made Parties, from whence proceeded Seditions, and sometimes popular Slaughters by means of the Concurrents, as also be­cause sometimes Factious Persons were chosen for Bishops, who held pri­vate Intelligence with the Princes Enemies, which were never wanting in the Western Confusions,N. 34. and sometimes Persons were chosen, who having gained a Train of People, Attempted some Design to Attribute the Jurisdiction of the Magistrate to themselves, and would stir up the People to Defend their Enterprises; whereupon, the Princes Ordained that no Person Elected, should be Consecrated without their Consent or the Magistrates, the Prince Reserving to himself the Confirmation of the great Bishopricks, as in Italy of Rome, Ravenna, and of Milan, leav­ing the lesser Bishopricks to the Care of the Ministers; But taking more heed to the Substance of the thing, than to the Appearance, when in a City there was an Eminent Subject known to the People, to whom all were enclined,☞ and the Prince satisfied that he pleased the People,Occurrenza. when an Occurrence came, he was Consecrated without more ado: Sometimes also there happened through Accident of War, or of Plague, that one had been Ordained, before he had the Confirmation of the Prince,N. 35. as happen'd to Pelagius the 2d, Predecessor to St. Gregory; Rome being Besieged by the Lombards, after the Siege was raised, he sent Gregory, who was then Deacon, to make Excuse to the Emperor, beseeching him to Confirm what Necessity had Constrained him to do. In this manner Popes were Elected, and Bishops in Italy until the year 750,A^o. 750. with the Imperial Confirmation; but in France, and in other pla­ces beyond the Alps, the Regal or the Princes Authority was herein more absolute, for the People totally desisted from the Election, when [Page 11]the Prince took it in Hand; good men forbore, because believing them­selves to be well provided with Kings, esteemed their Interventions Su­perfluous; evil men, because they were not certain of being able to bring their Designs to pass; whereupon the Kings gave the Bishopricks to them only throughout the Kingdom.

In all Gregory Turonensis' History from Clodovius, the first Christian King of France, unto the year 590, no Bishop was known to be made but by the Command or by the Consent of the King,N. 36. and St. Gregory who was made Pope that year, writing to the Kings of France upon different occasions, Complains to them that the Bishopricks were not bestowed on sufficient men, and prayes them to make choice of good and understanding men. He never reprehends the Provision made by the Kings, when the Person provided was deserving.

As for Bishops who were chosen without the Authority of the Peo­ple, it was easie to exclude them also from the Election of Priests, Dea­cons, and other Ecclesiastical Ministers, reducing the Power of nomi­nating them to the Prince only, without the Intervention of the Peo­ple, part of them having withdrawn themselves totally from meddling in Ecclesiastical Congregations, to attend their Domestick Affairs, others through the Inconveniencies which did arise amongst popular Factions, and some others for seeing themselves disrespected by the Bishop grown Potent, as well by the Riches he had to spend, as by his Dependance on the Prince, by whom he was Nominated to, or Confirmed in the Bishoprick.

The Prince sometimes Nominated those that were to be Ordained,N. 37. at other times he left the Care wholly to the Bishop, chiefly when he was fully Consident, which Considence was also Cause that the Prince oftentimes made use of the Bishop, either to compose Difficalties amongst the People, or to determine Difficult Causes, the Respect of Religion being the Cause, that they were more believed than the Magistrates; whereupon they were more intent upon that, than in teaching the Christian Doctrine, which at first was given them in Charge; Therefore when making of a Bishop was in Question, it behooved rather to have Respect unto a wise Word­ling, than unto one understanding in Matters of Faith, which remains still unto this time, it being said, that excepting the Places bordering on the Insidells, it is better making a Bishop of a good Jurisconsult or Lawyer, than of a good Divine; and truly 'tis a reasonable thing, if the Principall Office of a Bishop were to judge Causes.N. 38. Christ our Lord Ordaining his Apostles, said, as my Father hath sent me, so send I you, by which they understood to be sent to Teach: If now all be suf­ficiently instructed, and there be no more need of it, he may attend somewhat else: Heretofore the Principal Care of the Bishop was to Teach, and the next to oversee the Government of the Poor; so that in the second, as well as in the first, there was some Relaxation, and there­fore in making the Division into four parts abovementioned, the Ad­ministration of the Goods being in the Hands of the Clergy, and those were they who divided after their way, so that where the Bishop and the Priests were Conscionable men, the Division was Justly made; But where they did not forget themselves (there being none to Protect the Poor, and as few to take Care of the Buildings) the Shares of these two were very small, and in some places nothing belonged to either of them, but all was Divided between the Bishop and the Clergy­men.

Besides also, where the Division was made with due Proportion, nevertheless the Administration of the Buildings,N. 39. and the Shares of the Poor remaining in the Hands of the Clergy, they came to diminish by little and little, and the other two waxed greater; which evidently appears, for that in very few places the Buildings have any proper In­come, and for the Poor there remained nothing but the Hospitals, which are of no Antient Institution.

In the Beginning the Share of the Clergy was not Divided amongst them, but the Bishop had a Care of dealing with each one according to his Merits, but afterwards they took upon themselves the Office of Dividing, the Bishop being Excluded, and they having their Share, where neither Bishop nor others had to do, they Divided again amongst themselves, so that each Particular man began to know his own, and ceased from living in Common. But although the Rents or Incomes were thus Divided, nevertheless all the Stocks or Estates remained in one Body, Governed by the Deacons and Sub-Deacons, and the Rents pro­ceeding from thence Consigned to the Bishop, and to each one of the Clergy, according to the Proportion of their Shares.

And in Italy in those times the Possessions of the Church were called Patrimonies, N. 40. Patrimonies. which I was willing to mention here, that no man might think that this name may signifie any Supream Dominion, or some Ju­risdiction of the Roman Church, or of the Pope. The Possessions of each Family which came from their Ancestors in the times we speak of, were called the Patrimony thereof, and that Estate was called the Pa­trimony of the Prince, which he had in Propriety, and to distinguish it from the Patrimonies of Private men, it was called Sacrum Patrimonium, as is Read in many Laws of the 12^o of the Codice, af­ter which for the same Reasons, the name of Patrimony was given to the Possessions of each Church: There are seen named in the Epistles of St. Gregory, not only the Patrimonies of the Roman Church, but al­so the Patrimony of the Church of Arimini, the Patrimony of the Church of Milan, the Patrimony of the Church of Ravenna.

The Churches placed in Cities,N. 41. whose Inhabitants were of but indif­ferent Fortunes, had no Possessions left to them out of their District. But to those of Imperial Cities, as Rome, Ravenna, Milan, where Se­nators and other Illustrious Persons dwelt, Possessions were left in divers parts of the World. St. Gregory makes mention of the Church of Ra­venna's Patrimony in Sicily, and of another there belonging to the Church of Milan; The Church of Rome had Patrimonies in most parts of the World.

Mention is made of the Patrimony of France, of Africk, of Sicily, of the Cottian Alps, and of many others; but in the time of the said St. Gregory, there was a Difference, or suit at Law, between him and the Bishop of Ravenna, for the Patrimonies of both Churches, which was accommodated by Transaction.

To gain also greater Respect for the Possessions of the Church, they were wont to give it the name of Holy, which that Church had in great Veneration; So the Church of Ravenna Nominated her Possessi­ons of St. Apollinare, N. 42. and that of Milan, of St. Ambrose, and the Ro­man called it the Patrimony of St. Peter in Abruzzo, St. Peter's Patri­mony of Sicily, &c. After the manner of Venice, where the Publick Revenues are called St. Marks. As for the Patrimonies of Princes when they were not appointed to the Souldiers, a Governor was placed with [Page 13]Jurisdiction over Causes which concerned that Possession: Some Cler­gy-men there were of the Roman Church, who endeavoured to usurp such Rights in the Patrimonies of that Church, being willing to right themselves without having Recourse to publick Judicatures; which In­troduction St. Gregory Rebuked and Condemned, forbidding the doing of it upon pain of Excommunication. Ecclesiastical Possessions paid Tribute to the Prince, as appears manifestly by the Canon, Si Tributum, Tribute. which is St. Ambrose. And it is clear, that Constantinus Pogonatus in the year 681, granted an Exemption from the Tributes which the Ro­man Church paid for the Patrimony of Sicily and Calabria. 681. Exemption of Tributes. 687. And Ju­stinian Ritmeno in the year 687, remitted the Tributes which the Pa­trimonies of Abbruzzo, and Lucania paid.

The Roman Church received not such great Incomes from its Patri­monies as some believe; because as Histories relate,N. 43. Leo Isaurus in the year 732, Consiscated the Patrimonies of Calabria and Sicilia, N. 732. both which are mentioned to yield three Talents of Silver, and half a Talent of Gold, which make in our money (not to lessen the Account upon the variety of Opinions how much answers each Talent exactly) no greater sum than 2500 Crowns, and the Patrimony of Sicilia much lar­ger paid no more than 2100 Crowns.

It is not beside the Subject of our Discourse, to know the Particu­lars which hapned whilst the Possessions of the Church remained in an entire Body, and under the same Government although the Incoms were divided, which could not last long by reason of the Contentions which arose amongst those to whom the Administration belonged,N. 44. and the o­thers who remained upon their own Discretion. Whereupon for grea­ter Expedition, each Minister began to retain the Oblations for himself which had been made in his Temple, the which formerly were wont to be carryed to the Bishop, that he might divide them, but for an acknowledgment of the Episcopal Superiority, each one gave the third part to the Bishop, and something over and above for Honour, which was called afterwards Cathedraticus, Cathedraticu [...] because it was given out of Re­verence to the Cathedral or the Episcopal See.

Moreover they divided the Estates, and appointed every man his own share, but these Alterations were not made in all places at once, nor by a publick Decree, but as the Uses and Customs hapned to all, they began in some places, and Communicated them Successively unto others, chiefly the bad ones which have the swiftest Course, and the least hindrance.

In those dayes when the Ecclesiastical Affairs were reduced to this Condition, the Publick Stocks or Estates were Distributed by the Prin­ces unto Military men, with a charge that some should keep the Mar­ches or Borders, some should serve the Prince in Civil Governments,N. 45. some to follow him to the Wars, some were to Guard Cities, Forts, or Strong-holds, and they were termed or called Frank, or Fees, by the Lombards; and in the Latin Tongue, which was not yet extinct they were called Beneficia, as given out of the Princes Beneficency,Benefices. for which Respect also the name of Benefice was given to the Portions of Ecclesi­astical Estates, or to the Right of Possessing them, because they were given by the Prince, as Bishopricks, or by the Bishop; of whose Con­sent and Concession other Livings are bestow'd; and also because Cler­gy-men are Spiritual Souldiers, keeping Guard, and exercising a Sacred Warfare.

The Abbeys beyond the Alps were at last made more ample and more Rich,Abbeys. by reason the Masters of the Pallace assumed to themselves the Authority of making the Abbot, Maestri di Pa­lazzo. and that with a reason apparent enough, because the Monks then (as hath been said) were Laymen without any Ecclesiastical Ordination. N. 46. It is true, they did not alwayes give him to them, but sometimes out of favour he granted the Monks leave to choose themselves one. But in Italy the Monasteries being not very considerable in wealth,A^o. 750. untill the year 750. the Kings of the Goths, then the Em­perors, and the Kings of the Lombards, made no great Accompt of them; whereupon the Election was left to the Monks, with the sole superintendency of the Bishop. But the Bishops sometimes being in­tent to grow great, they molested the Monasteries too much, wherefore the Abbots and Monks desirous of freeing themselves from that subjection,Exemption. found a way by having Recourse to the Bishop of Rome, that he might take them into his immediate Protection, and exempt them from the Authority of the Bishop. This was easily consented un­to by the Popes, making use of them, as well to have other persons in Cities immediately depending on them, as to amplifie their Power over the Bishops, it being very important, that a Corporation so Nota­ble as were the Monks, who in those times almost wholly attended on Learning,N. 47. should depend totally on the See of Rome.

A Beginning being made of these Exemptions, all the Monasteries in a very short time remained united to the See of Rome, and separate from their Bishops.

In France the Bishops made by the King, and much more those who were made by the Masters of the Pallace, (the Kings Authority being lessened) betook themselves all to Temporal things, which the Abbots did likewise, who furnished the King with Souldiers, and went to the Wars in Person, not as Religious men to perform the Offices of Christs Ministers, but Armed and fighting also with their own hands; for which cause they were not content with the fourth part of the Goods, but drew all to themselves: Whereupon the poor Priests who Admi­nistred the Word of God and the Sacraments to the People in Churches, remained without a livelyhood, wherefore the People out of their De­votion, Contributed unto them part of their own Estates, which be­ing done in some places more liberally,N. 48. and in others more sparingly, Querimonies or Complaints arose about it sometimes, because when 'twas often treated how much that should be, which was to be given to the Vicars or Curates, it went for a Common Opinion to be conve­nient after the Example of Gods Law in the old Testament, to give the Tenth, Tythes. which being Commanded that people by God, it was an easie thing to represent it under the Gospel of Christ, as due also; though indeed nothing else be said of it by our Lord, and by St. Paul, but that ne­cessary maintenance is due from the People to the Minister, and that the Minister or the Labourer is worthy of his hire, and he that serves at the Altar, ought to live by the Altar, without prescribing any determinate quantity, because that in some Cases the Tythe would be but little, and in other Cases the hundreth part would suffice; But because this is a clear thing, and that hereafter we have need of handling it more dif­fusedly, I'le say no more now, but that in those dayes, and for an Age afterwards,N. 49. the Sermons which were made in Churches (excepting the Matters of Faith) tended to nothing else but to Proofs and Exhorta­tions to pay Tythes, a thing which the Curates were forc'd to do both [Page 15]for need, and for utility or profit, and in the Amplifying as it behoov­ed like an Orator, they went often so far that they seemed to place all Christian Perfection in paying of Tythes, of which not well Content, and the Praedials not seeming sufficient for them, they began to hold the Personals also for necessary, that is, what a man gains by his La­bour and Industry, of Hunting, of all Arts and Handicrafts, and also of the Military pay.

Of these Sermons many being found without the Authors Name, some through Error or on purpose were attributed to St. Augustin, and to other Antient writers; But besides that the Stile shews they were made about the year 800. Histories are clear, that neither in Africa nor in the East, they never paid Tythes, and that their Beginning,N. 50. sprung up in France, as hath been said.

I'le pass unto Italy, No man or­dained with­out a Title. where for several hundreds of years no man was ever Ordained, to whom there was not appointed both his proper and special Office and Charge, unless that some man famous in Doctrine or in Holyness, who to attend on his Sacred Studies, refused to be apply­ed to any particular Cure; the Priest was Ordeined without giving him any proper Parish on which he might attend. St. Hierolamo was Ordained Priest of Antioch, and St. Paulinus at Barcelona, and this occasion eccepted,Olim no di­stinction be­tween Ordina­tion and Be­nefice. Antiquity knew of no Distinction between Ordinati­on and Benefice, and Ordaining was then the same thing as to give an Office, and the Right of having ones Livelyhood from the Common Goods of the Church; But afterwards that in the Confusions which Wars had caused in States, many worthy and good Clergy-men were driven from their Ministry, they recover'd or had Recourse to some o­ther Church, where they were received and maintained as their own Clerks, at the Common Charges,N. 51. and sometimes some Minister of that Church happening to fail by Death, or otherwise, his Office was ap­pointed him to be Minister therein, and that Clerk was then said to be Incardinated, whereas he who had first been exalted to an Office,Cardinals. Incardinato. Cardinato. was said to be Ordinated or Ordain'd thereunto, but who being dis­possessed of his own, and provided with another was called Incardi­nated. This manner began in Italy before the 600th year of Christs Birth, when through the Incursions of the Lumbards, many Bishops and other Clergy-men were driven from their Charges, for which cause when such like Offices were vacant in other Churches they were Incar­dinated therein, and the Bishops were call'd, Episcopi Cardinales, and the Priests, Presbiteri Cardinales.

Those who were driven out from their own places, having Recourse to the Churches of Rome and Ravenua, which were the Chiefest and Richest in Offices and Ministeries,N. 52. those Churches (I say) as most Rich and most abounding received most of those Strangers; and therefore they had more Cardinals, which was also received in the abovesaid Churches, because by that means they gain'd from all places the most notable men, as is done in these dayes, and therefore they very Seldom Ordinated any of their own, but very often Incardinated strangers, where­upon it remained, that in those two Churches all were called Cardi­nals. In that of Rome, the name remains still; in that of Ravenna it lasted until the year 1543, when Paul the third by one of his Bulls abbrogated the name of Cardinal in that Church; thus the name of Cardinal which declared Infirmity, changed the signification, and became the name of the greatest Dignity, and is come to be said they are [Page 16] Cardinals, (that is) Cardines orbis Terrarum; and that which had nei­ther degree nor order in the Church, but brought in by chance, is rais­ed to the Greatness and Dignity wherein we see it now adayes. But he that shall consider or look upon the Councels held in Rome, where Italian Bishops, N. 53. and Roman Cardinal Priests did Interveen, shall see that the Cardinals did alwayes underwrite after the Bishops; Cardinals in­ferior to Bi­shops. and that no Bi­shop was made a Cardinal Priest in succeeding times. The first Bishops made Cardinals were some chief ones driven from their Churches, as Con­rad of Mentz driven out for a Rebel by Frederik the first Emperor, was embraced by Alexander the third, Cardinals no Habits to di­stinguish till 1244. Red Hat. Red Cap. and made Cardinal of Sabino. Neither had the Cardinals of Rome any Habit or Token of Distinction until Innocent the fourth in the year 1244, who upon Christsmass Eve gave them the Red-hatt, to which Paul the second added also the Red­cap, the Regulars Excepted; But Gregory the 14th in our dayes granted it to them also. This little Narration hath been necessary, because that upon a Dignity, which at present is Supream in the Church, and for which it seems sufficient Titles could not be found, the present Pope Ʋrban the 8th, by a peculiar Bull, hath reduced them to Eminency.

From the Beginning until a little before the year 500,N. 54. as hath been said, every Clerk was Ordained unto some Office, and lived upon the common Maintenance, No Ordinati­on without a Benefice till afterwards. after the Benefices were made, 'twas the same thing to Ordain it, and to appoint the Office of exercising, and the Be­nefice from whence to receive their Living, none being Ordained with­out a Benefice; but in Progress of time when there appeared any per­son fit to Act the Clergy-man, although there were no Room or Be­nefice vacant, not to lose that Subject or Person, the Bishops Ordain­ed him without any Office or Title, and therefore without Benefice also, in Expectation that one might become vacant; and those men Or­dained without Title did help or assist those who had Livings, from whom they received their Maintenance; But in progress of time this sort of Clerks Ordained without Title or Benefice grew to such an excessive number,Inconvenien­cies from Or­dination with­out a Title. and the Charity of the Beneficed in giving them Maintenance being much lessened, that a multitude of Indecencies and Scandals arose, that it behooved to provide for them by Laws, and constrain the Bishops who Ordained without Title, N. 55. to furnish the Ordain­ed with a Livelyhood; and these Provisions which were Established in the Beginning, somewhat still'd the disorder, which nevertheless sprang up again ere long, and being often supprest, alwayes returned, where­unto two things have given a joynt cause; one was the desire many men had of making themselves Clergy-men, to enjoy the Exemptions and to free themselves from the Subjection of Princes; the other, the Ambition of Prelates of having a sufficiency of Subjects whom they might Command, which Disorder is not yet well provided for, it causing many Indecencies in several Kingdoms, and making the Peo­ple to lose their Respect for Religion.

The Episcopal order hath been no less exempt from this Inconveni­ency, but bishops have been Ordained with a Title only, or with a name of Derision, hold nothing; yet they are not vulgarly so treated or styled, as other unbenefic'd Clerks; for though indeed they Ordain­ed Priests,N. 56. Deacons, and other inferior Ministers without Charge ei­ther in fact, or in name; yet 'twas never usual until now to Ordain a Bishop without a Diocess from whence he was denominated, wherefore if a City were assigned him possessed at present by Infidels from whence [Page 17]he takes his name, and no Christians being there, the Bishop ordained remains with a Name only without People, and lives by serving some great Bishop who cannot, or accounts it a thing inferiour to him to ex­ercise by himself the Episcopal Functions.

There was a great number of such Titular Bishops before the Coun­cil of Trent, now 'tis much lessened.

But because the Jesuit Fathers at present propose a question, Whe­ther the Pope can ordain Bishops without any Title, either true or feigned, as Priests and Deacons are ordained, and they decide that he may: God grant that this Power may not be put in practice, lest the Reverence to that Order should be lost,N. 57. which heretofore was great towards all Ecclesiastical Orders when none was ordained, but he that was appointed to an Office, as hath been said, for which cause all of them resided or dwelt upon their Charge, which could not be left vacant,Residence and Non-resi­dence. there being none to supply it, all being occupied in their own: in like man­ner the distinction of Benefices was unknown, which sought for Resi­dency, and sought it not; and whether the Benefice were rich or poor, either of a heavy or of a light burthen, it behooved that the Possessor should serve it personally.

But after they began to ordain without Title, the Titulars having who to put in their room, the charge was left to one with some small Provisions for attending, and they attended on somewhat else. So in France, the Bishops served the Court and the Parishes also, somo poor Priest being substituted.

They began to provide against the Disorder, not with Laws and Constitutions, but by punishments of Censures, and of Privations; so that in the times whereof we speak,N. 58. that is immediately before the year 800. they were refrained by these chastisements, but so that the Divi­sion of Benefices, as also the Ordination of non-Titulars, and the Pro­visions for the Residency did not pass without some diversity between place and place; even in the same Church it passed not without some variation, caused indeed by the different minds of the Bishops who suc­ceeded one another; as also through divers Provisions made from time to time by Princes, to prevent the disorders caused by the willing of too much in some Clergy-man,Troppo vo­lere. or by the impatience of some popular man, who could not see himself totally excluded from Ecclesiastical affairs.

Much Alteration happened unto Charlemain, who having reduced under his obedience Italy, France, and Germany, reformed also the Ec­clesiastical affairs, reducing them to an Uniformity, which in divers places had been differently instituted, renewing many of the old Ca­nons and Councels, worn out of use,N. 59. and making of Ecclesiastical Laws for the distribution of Benefices according to the Exigencies of those Times, he partly restored unto the Parishes the Possessions which the Bishops had drawn to themselves, ordaining that every Priest Curate should have one of quantity appointed him, which then was called Manso. Manso.

At that time the Custom of giving Tythes unto Parish Churches passed over into Italy, which long before had been introduced in France. Tythes in Italy. Therefore Charles added anew, that the Bishop as Superintendant, and Pastor-general, might give that order upon the Distribution of Tithes, as he thought fit; wherefore the Bishops, where the Tithes were many and fat ones, disposed of them different wayes, part they attributed to [Page 18]themselves, part unto the Priests of the Cathedral, and they appointed also some share unto the Monasteries, with a charge that they should place a Vicar in the Cure, giving him a convenient Portion; and be­sides the Bishops Appointment.N. 60. Sometimes the Non-parochial Churches appropriated some share to themselves which in progress of times they defended afterwards by Prescription. The Princes also applyed some unto the Churches towards which they had the greatest Devotion. Charles restored to the People the Liberty of choosing Bishops, The People choose Bi­shops. granting that the Clerus and the People ought to choose one of their own Dio­cess, who should be presented to the Prince, and when he was appro­ved by him, and invested by giving him the Crozier and the Ring, he was to be Consecrated by the neighbouring Bishops. He restored also to the Monks the Power of choosing the Abbot of their own Monastery: Monks choose Abbors. He established also that the Bishops ought to ordain those Priests who were presented by the People of the Parishes. Charles established also the Pope of Rome, in like manner as he had been instituted when the Em­perours of the East had the Dominion over Rome, N. 61. viz. That the Pope should be elected by the Clergy and by the People, Pope elected by the Clergy and the Peo­ple. and the Decree of the Election should be sent to the Emperour, upon whose Approbation the Elected was consecrated.

True it is, that Charles being dead, when the Emperours of his Po­sterity were weak in Power or in the Brains, the Popes elected by the People caused themselves to be Consecrated without expecting a Decree from the Emperour. So did Paschal with Lewis the Son of Charles, though indeed he sent afterwards to have it excused, that it proceeded not from his will, but from the Force of the People who would have it so. There have been some called Lewis who have renounced the Fa­culty of confirming the Pope, and therefore they alleage the C. Ego Ludovicus, which other men of much Doctrin by many Reasons shew to be false and feigned, wherein 'tis needless to toyl ones self, because that certain it is that Lotharius the Son of Lewis, and Lewis the Second his Nephew did confirm all the Popes elected in their Ages.

In these Times,N. 62. and in those foregoing, and succeeding, when wait­ing for the Confirmation of the Prince who was sometimes absent, that some Months past before the Elected were confirmed and consecrated afterwards; He, before the Consecration, behaved himself not as Pope, neither did he administer, except that some particular thing whereto urgent necessity constrained to provide for at the present: neither was there any other who attended therein, as happened to St. Gregory; neither was he called Episcopus, but Electus.

Much less did he hold the chief place, but the Arch-Priest held it, who gave himself this Title also; Servans Locum sancti sedi Apostolicae: But after the Princes were excluded, as shall be spoken of in its place, the time was never long between the Election and the Consecration; and it was not said that the Election alone gave the Popedom, but the Consecration; wherefore if any one elected, died before he was conse­crated, he was not put into the Catalogue or number of the Popes, as happened to one Stephen, N. 63. chosen after the death of Zacharia, Anno 752. he was not consecrated, and therefore not put into the Catalogue. Pope Nicholas the Second for what appears was the first who declared Anno 1059. that if the Pope Elect could not be enthroned by reason of Wars, or through the Malignity of men, nevertheless he should have Authority as a true Pope, to govern the Church of Rome, and to dispose [Page 19]of its Goods, nevertheless some Reliques remain still; for if the Pope makes a Bull before his Consecration, he saith not, Pontificatus nostri Anno primo; but saith, a die sascepti a nobis Apostolatus Officii, and men have not been wanting upon occasion to say, that the Pope ought not to be called Bishop before, but Elect, neither can he use a Bull; and such oppositions were made against Pope Clement the 5th, whereupon he, Anno 1306 made a Bull, where he forbad under pain of Excommu­nication, that no man should expose these Difficulties abroad;A campo. so that 'tis held at present for an Article, against what Antiquity believed, that by the sole Election of the Cardinals, the Pope receives all the Authority,N. 64. and therefore the Writers of these times have laboured hard to put into their Number and Catalogue that Stephen of whom we have spoken: wherefore they have altered the Number of the other Stephens follow­ing, calling the second third, and the third fourth, and so to the ninth, which they number to be tenth, with much confusion amongst ancient and modern writers, sprung up only for the interest of maintaining this Article.

In the beginning the Government of the Holy Church had altogether a Democratical Form, all the Faithful intervening in the chiefest Deli­berations;Government of the Churuh first Democra­tical. thus we see that all did intervene at the Election of Mat­thias unto the Apostleship, and in the Election of the Six Deacons, and when St. Peter received Cornelius a Heathen Centurion unto the Faith, he gave an Account of it to all the Churche.

Likewise in the Council celebrated in Hierusalem, the Apostles, the Priests, and the other faithful Brethren did intervene, and the Letters were written in the Name of all these three Orders. N. 65. In success of time when the Church encreased in number, the faithful retiring themselves to the Affairs of their Families, and having left those of the Congre­gation, the Government remained only in the Ministers, and became Aristocratical, saving the Election which became Popular; Then Aristo­cratical. whereupon all Affairs were resolved with Councils: The Bishops of the same Province with the Metropolitan assembled at least twice in the year, making a Provincial Synod, the Clerks with the Bishop made a Diocesan Synod, Provincial Synod. Diocesan Sy­nod. Consistory. and they held an Assembly almost daily, which was called the Consistory in imitation of the Assembly of the Emperors Counsellors, to which that name was given.

In the Ecclesiastical Consistory the Chief of the City Churches did in­tervene with the Bishop, a thing grown out of use in all places, only in Rome the Image remains. There they proposed, discussed, and resolv­ed all Ecclesiastical Affairs; but after that Benefices were erected, the Priest having his Living separate, took little care of the Common Af­fairs, and ceased from intervening in the Consistory;N. 66. whereupon that grew out of custome, and instead thereof the Bishops made an Assembly of all the Clerks of their Cathedral Church, to make use of them as well for Councel, as for Ministers in the Government, who receiving the Share of their Living from the common Mass or Stock, every year, every month, every day, from whence they were called Canons, Canons. from the word Canon, which in the Western Empire signified the measure of wheat which sufficed for a Private mans food, or for a Families, or for a Cities; and this Institution of Canons did a little precede the times of Charlemain, by whom they were also better settled.

Here it is also requisite to be noted, that in those times by reason of the Wealthiness of the Benefices, they created for Bishops the chief [Page 20]men of the Court, and of the City, to whom the Prince likewise com­mitted a great share of the Political Government; first extraordina­rily, and then seeing it succeeded well,N. 67. ordinarily, though not in all Gities after the same manner, but according to the Occurrences of the place, and to the worth or goodness of the Bishop, and also accord­ing to the little aptness of the Lord or Earl,C [...]nte. who was sometime sup­plied by referring unto the Bishop, which was the cause that when the Po­sterity of Charles was afterwards degenerated and plunged into the depth of Ignorance, the Bishops thought it better for them not to ac­knowledge any more that Authority of the Prince from whence it came, but to attribute it to themselves only, and to exercise it as a Peculiar of the Bishops, Ecclesiastical Jurisdiction. and to call it Ecclesiastical Jurisdiction: And such was the Beginning of that which we now see contended for with Princes, and which puts a little confusion sometimes in the good Civil Govern­ment.

The Affairs established by Charlemain had no long duration,N. 68. through the little worth of the Princes of his Posterity who held the Empire; whereupon beyond the Alps things easily returned to their first Abuses; the People in few places, and very seldom had any share in the choosing of the Bishops, and not much in the choice of the other Ecclesiastical Ministers; but the Bishops ordained and gave Benefices to whom they pleased, except when some man was proposed by the Prince, in which case they failed not to obey. The Pope of Rome was always elected by the People, and confirmed by the Emperour afore he was consecrated, and the other Italian Bishops were not consecrated unless the Emperour had first approved of them. In France and in Germany much more. If the Pope was willing to favour any one in the Neighbouring Bishop­ricks of Rome, he had recourse to the Emperour, beseeching him he would vouchsafe to give him the Bishoprick, and if any instance were made to him, that he would grant the Consecrating of any one who had not the Emperours Letters he refused to do it, bringing to mind they should be first obtained.

But the Posterity of Charles being driven out of Italy in the year 884.N. 69. Adrian the 3d. made a Decree that the Pope should be consecrated without the Emperour.

It was not besides the Argument, that having designed to treat of Benefices, we have discoursed of the Popedome, and are yet to discourse of it for the future, That being one amongst the Benefices, and espe­cially named for a Benefice by Clement the 3d. in a time when the Pope­dome of Rome was not only ascended to its heighth of Greatness, but had also some peculiar Dignities to distinguish it from others.

And 'tis a most noted thing,Pope. that antiently the name of Sanct us & Sanctissimus, Beatus & Beatissimus was common to all the Faithful in Christ, when all men still aspired to perfect Sanctity; afterwards that Secular men had attained to much more conveniencies in worldly Af­fairs, these names remained amongst the Clerical Order, and after the declining of the inferiour Clergy, they remained amongst the Bishops only.N. 70. Finally the Bishops being given to worldly Affairs, they remain­ed to him of Rome only, who hath retained them since, not as Titles of Goodness, as they were, but as Titles of Greatness. The Names of Ponti­fex, Pope, or Chief Priest, were, and are common to all Bishops; yea, there are yet some Canons extant wherein all Bishops are called Chief Priests. The name of Papa or Pope which seems the most proper, was given to [Page 21]each Bishop. St. Ciprian Bishop of Carthage was called Pope; St. Hie­rome gives that Title unto St. Augustin, but in times much more recent Sidonius Apollinare called many Bishops Popes, and is called Pope by them. Many Canons are in the Decree of Gratianus, in the Inscription whereof Martin Bishop of Bracara in Portugall, is called Pope. Gre­gory the seventh in the year 1076,The name of Pope First made peculiar to the Bishop of Rome by Gregory 7th. was the first who Decreed that the name of Pope should be peculiar to him, and not attributed unto others, and it proceeded so far in Opinion, not to say in Faction, that Anselmus Lucensis, one of his followers, said that the Plural of the name God was no less improper and impious, than that of Pope.

But returning to the times which followed the Line of Charlemain; N. 71. In France was a Fashion invented, which though it appeared in favour of Secular men, the Churches thereby encreased unto immense Riches, and this was a Contract called Precarius, Precarius. by which Precarius to whom­soever that gave his own to the Church, the Church granted him to pos­sess the same in his Life-time and twice as much besides, and if he would divest himself of the Usu-fruit also, they gave him to enjoy three times as much of other Goods of the Church, afterwards this went over into Italy also. The Contract for that time proved profitable to him who tripled his Incomes, and accommodated those who were without Poste­rity, or who took care for the present, without caring for Posterity, but indeed the Profit was the Churches, who after his Death got the Estate entirely.

Great Confusions in Italy followed upon these times, as well in the Civil Government, as in the Ecclesiastical, and specially in the Pope­dome, unto the year 963, wherein for 80 years,N. 72. none sought after a true Form and Face of the Churches Condition, but only for a gene­ral Preparative for a change, and a Chaos of Impiety. Popes were Ex­communicated by their Successors, and the Acts made by them were An­nulled, and cut in pieces, and the Sacraments Administred; Six Popes were driven out by them who would put themselves in their Room, and two also kill'd, and Pope Stephen the 8th, was so ill favouredly deformed in his Face, that he never shew'd himself in Publick.

John the 10th, was made Pope by Theodora a notable Roman Harlot, through the Faction which her Publick Lover had in Rome.

John the 11th, who was a Bastard-Son of another Pope dead 18 years before, was made Pope at the Age of twenty, and so many inconveni­encies did arise in those years, that the Writers say that those times af­forded no Popes, but Monsters.

Cardinal Baronius not knowing how to excuse any of these Disorders, said that the Church then was for the most part without a Pope, N. 73. but not without a Head, its Spiritual Head Christ being in Heaven, and forsakes it not; and it is very certain that Christ hath not left, nor ne­ver will leave his Church, neither can his Divine Promise fail, that he would be with it unto the end of the World, and in this every Chri­stian ought to feel and to Believe what Baronius saith, thinking also that what then happened, came to pass formerly, and as in those times the sole Assistance of Christ preserved his Church, so it will preserve it in all such like Accidents, in the like manner, although there were no Papal Ministery. Each one of himself may judge how the other Churches of Italy were used, considering what is the Condition of all the Members, when the Head is grievously indisposed.Bishopricks given to Soul­diers and Boyes. F. 58. Therefore they were no better out of Italy, where great men gave Bishopricks unto their [Page 22]Souldiers, N. 74. and even unto Boyes in their Childhood. Earl Herbert, Un­cle of Hugh Capet, made his Son of five years old Arch-Bishop of Reims, and Pope John the 10th, Confirmed that Election. In those times no man had Recourse to Rome out of Devotion, but alwayes he that de­signed something against the Canons, and customs of the Church, if he found not Approbation of it in his own Country, he fled to Rome, where Dispensations were given for every thing, and the Ambition or Covetousness was covered with an Apostolical Dispensation. The Popes being such as is abovesaid, made no distinction of what they were a­ble to do, esteeming every thing an Encrease of their greatness, which could be upheld by any Powerful man, who for his Interest defended what was desired.

The People partly through their simplicity, and partly through Ter­ror of Potent men, approved of that which they could not hinder; whereupon an Opinion was grounded, that what thing soever if it had its Confirmation from Rome, every past error was covered.

Some might believe,N. 75. that the little care which the Ecclesiastical Or­der had of Spiritual things, would have cooled the Fervency of Secu­lar men, in giving to the Churches, and that the new Purchases or Acquisitions of the Clergy men would have been at an end; never­theless it was not so. For by how much the Spiritual Cure was dimi­nished in the Prelates, by so much they were intent in the preserving of their Temporal Goods, and they had Converted the Spiritual Arms of Excommunicating,Excommu­nication. which was used only for the Correction of Sinners, into the Defence of their Temporal Possessions, and for the Recovery of them also, if by chance the little Care of the Predecessor had let any thing be lost, and the Terror of the Censure was so great amongst the People, that nothing put them into a greater Fright, and 'twas a won­derful thing that Captains and Souldiers, most wicked in other things and without any fear of God, usurping their Neighbours Right with­out any regard of offending his Divine Majesty, preserved with great Respect the things of the Church for fear of the Censures.

From hence,N. 76. many of slender Power, being moved with desire of securing their own from Violences, made Donation thereof to the Church,Bequests on condition. upon condition that it should give it in Fee, with a slight ac­knowledgment. This secured the Estates which belonged not to Po­tent men, as those whose Dominion belonged directly to the Church, afterwards the Heirs male of the Feoditaries Failing, which often hap­pened by frequent wars and Popular Seditions, that the Estates fell to the Church.

Seeing that hitherto we have declared in what manner Ecclesiastical Estates have been acquired, and the Reason of Tything those of the Laity, this place perswades that the question debated in our times should be treated and resolved before we pass any further; that is to say, whe­ther Ecclesiastical Estates be Possessed by Divine or Humane Right,Question con­cerning Eccle­fiastical E­states. and who should have the Dominion of them?

The Common opinion distinguisheth the Possessions left to the Churches by Will, N. 77. or by Donation of the Faithful, or acquired in some other manner, by Tythe, by First Fruits, or by other Oblations: And as to the Possessions all agree they ought to be called Temporal Goods, and that the Church enjoys them by Humane Right: Wherefore 'tis certain as hath been declared above, that the Purchasing of Estates be­ing prohibited to all Colledges whatsoever, the Church at first by Per­mission, [Page 23]and afterwards by grant from the Emperors, had the Power of Purchasing, and there is the Canon annexed: Quo Jure d. 8. where­in is affirmed that by the only Fundamental of humane Laws, it is said this Possession is mine, this Servant is mine, and that taking away the Laws of the Prince, neither Church, nor any one else can say, that any thing is their own. And no man can doubt, but that the division of Possessions was by the Civil Law, and likewise the manner of Transfer­ring Dominions from one to another, as the giving, the bequeathing by Will, and all Contractings and Disposings are humane Laws.

Commonwealths and Kingdoms have been where the Testament hath been unknown, Jure Romano, N. 78. 'tis granted to the Citizens of Rome on­ly to make a Will; It is not possible, that the manner of Purchasing should be by humane Right, and the Continuation of Purchasing should be by Divine: When any thing is given or bequeathed to the Church, there being a difficulty in it, whether the Title be valid or no, it is judg­ed by humane Laws, and holding the Lawful Right, Possession is given according to them; Therefore still in Virtue of them, and not other­wise, one is continued in the Dominion and in the Possession: But be­cause every one agrees in this, i'le go no further, only I shall add as for a Corrollary, which is clearly resolved from hence and without Difficulty, whether the Exemptions which Ecclesiastical Possessions have,Exemptions. are by Jure Divino, or humano; Seeing that Possessing and the manner of Possessing proceed alwayes from the same Law; and the Juriscon­sults say, that from thence proceeds the Bondage, or the Freedom of Estates in Land, from whence also Dominion is derived.N. 79. It would be a great Contradiction to say, that the Church should have a Possessi­on (Jure Vaneto) by the Right or Law of Venice, which should have a Liberty (alio Jure) by another Law.

But as touching Tythes, there are two opinions, one of the Canonists, Tythes. the other of the Divines, and of the Canonists who together study Di­vine Scripture.

The Canonists say that Tythes are Jure Divino, because in the old Testament God gave Tythe unto the Levites, as the Holy Scripture Re­lates, and 'tis no wonder that they say so, because they are not versed in the Readings of the Sacred Books, their Profession not being to un­derstand the Mysteries of Christian Religion, which is that God gave by Moses to the Jewish People the Law, which as to Ceremonial and Ju­dicial things, was proper to that Nation until the coming of Christ, who was to take away the obligatory Power of it, so that the Law of Tythes is indeed Mosaically Divine, but not a Law Naturally Divine, N. 80. nor Chri­stian, and it obliged only that People at that time, now it obligeth none. He that Governs a Common Wealth, may make Laws like unto those, but they shall not oblige as Divine, neither ought they to be called such, but Civil Laws of the Prince who Constitutes them; there was a Mosaical Divine Law, that a Blasphemer should be put to Death, this obligeth us not now, neither doth he sin who kills him not, and the Prince may impose a Capital punishment for Blasphemy, and it would be just, and ought to be observed, but it should not therefore be called a Divine Law, although God gave it formerly to the Hebrew People, but a Politick Law of the Prince. In these and in many other occur­rences where these men alledge the old Scripture for their Interest, sub­joyning thereunto that it is de Jure Divino, it behooveth to distinguish their Equivocation, that That which is de Jure Divino Natural or Chri­stian, [Page 24]obligeth us, but that which is de Jure Divino Mosaical obligeth us not, and he that hath a Government making a Statute like unto that, it is de Jure Humano.

I cannot forbear saying,N. 81. that they deal not in this manner out of ig­norance,Jus Divinum. but to deceive the incautelous, and to strengthen their own Affairs, by and with the Name of Jus Divinum, and to give it Repu­tation, but they may be convinced here, and have their mouths stopt. In this same Contest of the Scripture where God commands Tythe should be given to the Levites, Tyther. he Commands also that they should not Possess any Land, and that they should be contented with the Tythes. If by this Precept the People be (de Jure Divino) obliged to give them the Tythes, they shall be obliged to have no Possessions.

But besides; God Commanded the Tythes only of the Fruits of the Earth, and the Canon Laws say, they must be paid also out of Mer­chandize, out of the Militia, out of Hunting, and out of whatsoever Han­dy-work whereby gain is made. If God gave the Hebrew People Com­mand for Predial Tythes only, they are forced to say the Personal is not commanded but by humane Law. N. 82. The Divines (for I name never a one in Particular, because none is excluded) and many Canonists with them say unanimously, it is a Precept of Divine natural Law, that the Minister of Religion should live by his Office, which he affords by serv­ing the People in Divine things, and that it is a special Precept of Christ our Lord in the Gospel, that the Minister who serves the People in Preaching the Word of God, and in Ecclesiastical Ministry, should be furnished with a Livelyhood, in what quantity is not determined, be­cause that according to the number of Persons, and according to the Condition of Places and of Times, abounding at one time, and want­ing at another, so that allowing a share to the Minister of Christ, is de Jure Divino. But that this share should be a Tenth, or a Twentyeth, or a greater or a lesser Proportion, this is established by humane Law or by Custom, which are of equal value. And when 'tis Read in any Decretals, that God hath instituted Tythe, or that the Tythe is de Jure Divino, N. 83. they mean a part determined, for one undetermined, meaning Tythe to be that share, which is requisite and necessary, or else that God hath instituted Tythe in the old Testament, after the manner that the Law hath instituted the same in the new Testament. Wherefore we may generally say, that Ecclesiastical Estates of whatsoever kind they be, are all under the Dominion of him who is Patron thereof, and are posses­sed by humane Laws. Neither doth any man make a doubt concern­ing this undetermined share, which is requisite or due by a Divine, Na­tural, and Evangelical Law, because as Lawyers observe well, there is a difference in a thing being due or requisite, and in having a Dominion; the thing whereof one hath a Dominion, may be claimed directly in Judicature or Judgment (as they say) Actione Rei Vindicationis, neither is he to be satisfied by giving him an equal value; but the Creditor only may by personal Action require his Debt, the Debtor being obli­ged to give him so much, but this man no more than that.

By this Resolution it remains also easily decided, whether Benefices or Livings are de Jure Divino, N. 84. or de Jure Positivo? because Estates in Land and Tythes being Possessed de Jure Humano, the Benefices also being grounded upon them, will have the Power of the same Law, besides one may certifie ones self hereof more easily from the things a­bove said: For if the Church hath been so many years with Estates en­joy'd [Page 25]in Common, and not divided into Benefices as is above-mention­ed, it is an evident thing that Benefices have been Created by men in pro­gress of time, and in this all agree. I will not enlarge my self further, only shall say, that if these Considerations seem somewhat subtil, yet they are necessary, as the following matters shall declare.

From the Resolution of the first Question, it would be clear what to Answer unto the second, by him that hath the Dominion of Church Goods (I mean of Estates in Land, because of Fruits shall be spoken of in its place, which is the fourth Question) for if they be Possessed by Humane Laws,N. 85. there remains but to see unto whom these Laws hath granted them. Some say, that these Goods are from God, and without doubt they say true, because Divine Scripture sayes plainly, all the Earth is the Lords and the fulness thereof. But in this manner all things are from God, and no more these Goods, than any others; the Divine is a kind of Ʋniversal Dominion, another Dominion hath eve­ry Prince who is Supream in his State, which according to Seneca may be called, Dominion of Empire, or else according to the Doctrine of the Jurisconsults Dominion of Protection, and of Jurisdiction: Another, each private man hath, which is the Dominion of Propriety, whereof we speak, and wherein we now make enquiry; one cannot say that God hath the universal Dominion of all things, but that he hath there­with the Propriety of those Goods, as the King hath the universal in all the Kingdom, and nevertheless he possesseth in Private, and hath the Propriety of that Portion which belongs to his own House.N. 86. Where­fore one may make an Addition to the universal Dominion of the Prince, with the Particular of Propriety, whereby it encreaseth, and is Augmented; but Gods Dominion hath an universality so excellent and so infinite, that it can receive no Addition, and repugneth to be particularized, as it also repugneth to be Communicated to any Crea­ture whatsoever, therefore no man can say, God being Master of these Goods, I who have the same Tribunal, the same Consistory, and the same Court as he, I am Master also, but rather he is no less a Servant of whomsoever is least.

Notwithstanding others vending or uttering freely without fear, say,Pope Dispen­sator not Do­minus. that the Pope is Master and hath the Dominion, and this they prove by the Decretal of Clement the 4th, that the Plenary Disposition of all Benefices belongs to them.

St. Thomas opposeth himself to this opinion, in saying, that the Pope indeed may call himself chief Dispensator, but in no wise may he be called, either Master, or Possessor,N. 87. which Doctrine Cardinal Gaeta­nus explaineth, adding that the Pope cannot give, nor in any wise dis­pose of Ecclesiastical Goods, but only do with them as much as may be done, being upon the Term of Dispensator.

And Gaetanus's Reason is very clear and Efficacious, these Goods were at first belonging to a Master, who hath transferred his Dominion by Donation or by Testament, but none of these had ever Intention to give or leave to the Pope; therefore the Dominion hath not passed unto him; wherefore the same Gaetanus and Adrian 6th Pope say, that the Dominion of Estates is in the Church, that is in Generality or Ʋni­versality of the Faithful of the place, to which the Goods or Estates is left, so that the Dominion of the Goods of the Roman Church, is in the Universality of the Romans. 'Tis known by all, that Universality in Right is like a Person capable of Possessing, in which manner it is [Page 26]said, such a thing is common to the City, that is, no mans in particular but all mens together.

They leave many Wills after this manner,N. 88. as I leave to the School of St. Rocco, Rocco. to the Monastery of the Fryers, &c. This Doctrine is very well Confirmed by the Antient Custom of the Church, and by the manner of speaking of the Canons: There is no doubt, that if they were to denominate Estates in Land by the name of a Person, they would denominate it from him who hath the Dominion; but all the Canons and the Antient Custom calls them Church Lands or Goods, therefore she hath the Dominion of them, neither have those any other opinion who say these Goods are Christs, because all the Christian Churches from most Antient times have been denominated, not only from the name of the City, but also from the name of him who hath been the first and the most famous Bishop therein, as the Roman is called St. Peters, that of Alexandria St. Marks, that of Ravenna St. Apolli­nare's; whereupon the Lands of those Churches took the name of the same Saints, and the Lands of the Roman Church are called St. Peters; wherefore these kind of Phrases are Read amongst all the Antient Wri­ters,N. 89. viz. St. Peters Patrimony, St. Peters Lands, the Possessions of St. Peter; the Patrimony of St. Apollinare, the Revenue of St. Apollinare, &c. And because Christ is universal Head and Protector of all Churches, that which belongs to the universal Church, and to any particular Church, is called Christs Patrimony, Christs Goods or Lands, &c. which signifies so much as belonging to the Church, whose Head Christ is: Not other­wise, that the Lands of the Republick of Venice are called St. Marks, that is, belonging to that Republick which bears St Marks name. And truly that universality of the Church, was Mistress of all that was gain­ed when the Clergy-men in each Diocess were in Common, because all Donations, and all Testaments were made thereunto. Certain it is, that these Estates were not, neither could they be Purchased, but by him to whom the Law granted the Power of Purchasing, but the Laws of Constantine, granted that Donations might be made to the Christian Colledges,N. 90. that is, to the universality of the Christians which were in Cities, then the Dominion belonged to those Colledges; but after the divisions were made, and the Benefices Instituted, Legacies or Donati­ons were made unto particular Churches, or rather for the most part, for some particular Pious work in those Churches, wherefore it cannot be said, who is the Master of any thing whatsoever, without seeing the Bequeathing of the Wills and of the Donors, whereto we being to speak fundamentally, we can say no more, but that Prelates, and other Clergy-men, are the Governors, Administrators, and Dispensators of the Church Goods, to do therewith according to the Bequest of the Donor or the Leaver, and not otherwise, and that Person is Master either Par­ticular or General in favour of whom the Donation or the Legacy was made. Wherefore also every Rector of a Church ought to see dili­gently after the obligations left him to perform, and if it be done other­wise, it must be imputed to humane Imperfection, no man can be per­swaded that through length of time,N. 91. he may have a Prescription, be­cause that Presupposeth a good Faith which never was in any man, eve­ry one knowing in his Conscience, that those goods were not left to be done with, as they do.

But in whose Dominion shall those Church-Lands be, whose Institu­tion is not known? The Natural and the Civil Law is, that in those [Page 27]whose private Patron or Master hath totally failed, the Community shall Succeed, therefore the Church must remain Mistress thereof. So that in few words men who are beneficed, are Dispensators of the Goods of the Benefices, but Master he is not in favour of him who made the Donation or the Will, and if it be not known, the Church remains Mistress.

'Tis no obstacle hereunto, that there be Princes Laws and Ecclesi­astical, which forbid Alienation, for the Pupill is true Master of his own, and yet he cannot Alienate;N. 92. Dominion is a Right of doing what one will with a thing, when the Law permits, which binds some sort of Persons with Conditions, who have need of the Government of others, such is Ʋniversity or Community.

No man ought to wonder, if so many modern Writers in such like Questions as in this, which makes the Pope absolute Master of all the Benefices, and of all Ecclesiastical Estates, do defend Opinions contrary to Antiquity, and contrary to those Institutions which had their Rise from the Apostles themselves, and from Apostolical men, because that as St. Cyprian very sensibly Complained, that it is one of the Imperfecti­ons of man, that whereas Customs should be Conformable to good Doctrine and to Laws, on the contrary, the Doctrine of Interessed men accommodates it self to the Customes, and it is observable, that in all the course of so many Ages, there hath been no Novelty introduced, even concerning Religion, but immediately it hath met with De­fenders.

What a wonder will it be,N. 93. that this should happen in those Novel­ties and Introductions, which serve for Wealth, Ease, and humane Con­cerns whereunto many may aspire?

The Confusion which was in Italy in Politick Affairs, by reason of so many Kings and Emperors which were made in those times, caused also an extream disorder in other Cities about Ecclesiastical Affairs; Bishops and Abbots being sometimes made by Princes, and sometimes intruded by their own Power, and other Ecclesiastical Ministers likewise were sometimes made, by those who bore sway in the Cities, and sometimes by the Bishops; and now and then Benefices were Possessed by him who had Power or popular Favour.

In the year 963, Otho a Saxon brought his Arms into Italy, and be­came Master of it, and to give Form unto the Government, he Assem­bled a little Council of Bishops, deprived Pope John 12th, who being made Pope in his Minority under the Age of 18, by the chief of the Roman Nobility, and by a great Concourse in that City,N. 94. and lived in the Popedome, Committing Adulteries, Perjuries, and other irreligious Customes, Otho made him to be renounced by the People, and by Pope Leo the 8th, Created by him instead of John: The Authority of creat­ing the Pope, and the other Bishops in Italy, he retained, and his Son and his Nephew of the same name, unto the year 1001, for the space of 36 years, and during the number of twelve Popes which were in that time. Two of them were Created quietly by the Prince, the others in Seditions, for which cause the first Otho carryed one Prisoner into Germany, and Otho the third carryed another; one was strangled by him, who had a mind to be made in his Room; one run away having Robb'd the Treasury of the Church Ornaments, and another withdrew himself into a voluntary Exile, so that in these years we meet with Popes, yet as Baronius saith,Scontriame. they are in the Catalogue only to fill up [Page 28]the Number, for as to the Rest, the Church had no other head but Christ. The other Bishops and the Abbots were Created by the Emperors with­out any Contradiction,N. 95. and the manner was that when a Bishop dyed, his Crosier-Staff and his Ring were carryed to the Emperor, who having determined on whom to bestow the Benefice, he invested him by gi­ving him the Ring and the Staff, upon Receiving of which Tokens he went into Possession, and got himself Consecrated by his Metropolitan, or by the Neighbouring Bishops, which Custom was observed also in France and in Germany: Other smaller Benefices were Conferr'd by the Bishops or by the Abbots under whom they were, unless the Prince No­minated any one to a Vacant Benefice: For to such a one it was given without any Reply, or if he were Recommended by the Prince to have a Benefice when it should be Vacant, who by reason of that Expecta­tion granted by the Prince, came to be provided by the Bishop with the first Vacancy: Thus did the Otho's Govern without Contradiction from the Popes, although the second of them dwelt a very long time in Rome, where he dyed also, and was buryed.

After the Death of the Othos, N. 96. there was preserved among the Suc­ceeding Emperors, the same Power of Bestowing of Bishopricks and Abbeys, and also of Nominating unto inferior Benefices, or else of gi­ving Expectancies of Benefices which were to become Vacant. Indeed the Imperial Authority diminishing in Rome, the Confusions returned into that Church, for the People having reassumed the Authority of Electing the Pope, and chose three of them quietly; Benedictus, Octavus, and John the 20th, Brethren were Elected one after another with some shew of Faction, and this last being dead, Benedictus 4th their Nephew was Chosen at 12 years of Age, who besides many other Excesses, sold a part of the Popedome to one Sylvester the 3d, and another part to Gregory 6th, and all three sate in Rome at the same time with much Confusion, chiefly that this Gregory having Armed himself with Souldiers, Foot and Horse,N. 97. and with great slaughter gotten the Possession of St. Peter's Church, he enlarged his Part by Arms; wherefore the Emperor Henry the Black, went into Italy, put Benedictus to Flight, sent Sylvester away, Banished Gregory into Germany, and deprived the People of Rome of the Power of making any more Popes. And he made three Popes successive­ly, all Germans by Nation, who being chosen by the Emperor, took upon them the Pontifical Habit and Ensigns without any thing else; the third who was Brunus Bishop of Zul, having by the Emperors Deputa­tion taken upon him the Habit in Trisinga, and therewith taken his Journey as far as Clugni, Hildebrand a Monk Foster-Son of St. Peters Church in Rome, a man of singular subtilty, would by Art restore the Election to the Romans, Counsell'd Brunus, who Cloathed in his Pon­tifical Habit, was call'd Leo 9th, to Cloath himself like a Pilgrim, and so to go to Rome, and that he would be more acceptable to the Roman People;N. 98. Leo Consented, and entred Rome in a Pilgrims Habit, and by the Suggestion of Hildebrand was Proclaimed Pope of Rome by the Peo­ple; But this Art did not prevent the Emperor, when Leo was dead, from chusing in Mentz Geberard of Aichstat, who immediately put on the Habit, and was called Vector the second; the Emperor then did not only bestow Benefices, but also made Constitutions against those who obtain­ed them by Symonie, Pardoning the Errors Committed until that time, and Imposing Penalties for the Future.

Henry the Black dying, left the Empire to his Son, Henry the 4th, who Succeeded him in a tender Age, during whose Minority, although the Popes were Created by the Consent of the Emperors Tutors, and the Bishops and the Abbots were Invested by him with the Ring and the Crozier Staff, the Popes nevertheless making use of the Occasion, gain­ed by little and little some greater Liberty, adhering also to one side or party of the Tutors, who differ'd about them, and made Facti­ons, whereupon Nicolas 2d, N. 99. made a Constitution about the Election of the Pope, Ordaining it should first pass through the Cardinal Bishops, then should be proposed to the Cardinal Clergy-men, in the third place to the Clergy and to the People, and in the fourth place the Emperors Consent should be sought for, in which manner Alexander 2d, his Suc­cessor being Elected, the Emperor would not Confirm him, nor accept of the Excuse which the Cardinals sent by one of them to make by Em­bassy, saying it was done to avoid a sharp Civil Dissention, but all with great Respect to the Emperor the Elected being his Friend; yet the Emperor chose the Bishop of Parma for Pope upon the Instance of Gerard of Parma his Chancellor. But three years after, the Affairs of the Imperial Court being altered, and Gerard the Chancellor Deposed, the Bishop of Parma was also Deposed from the Popedome, and Alexander accepted, who in the year 1072, there being made in Germany a Con­spiracy of the Bavarians and Saxonians against the Emperor, he joyn­ed with them and entred into the League, and the year following cited the Emperor unto Rome, as imputed of Simony for having conferr'd Bi­shopricks for Money. The Pontifical Action was much admired,N. 100. never any Pope having come so far, but it soon passed under silence by the death of the Pope, after whom Gregory 7th, a Monk of Sienna attained the Popedome, who was Hildebrand above Nominated by the Empe­ror, but in the year 1076, having been three years in the Popedome, finding the Emperor yet young, and Germany full of Commotions, he deliberated to exclude him totally from the Election of Bishops and Abbots, and made him a Monitory, that for the Future he ought not to intrude therein; the Emperor made a great Resistance, whereupon the Pope Excommunicated him, absolved his Subjects from the Oath of Fidelity, and suspended him from the Administration of the Kingdom of Italy, and of Germany: He Excommunicated also the Bishops his Ministers, Colleagu'd himself with his Rebels, provoked the Emperors own Mother against her Son, and during the time which lasted until the year 1085, when the Pope dyed in Banishment at Salerno, N. 101. he Excom­municated the Emperor four times, and made a general Decree, that if any Clergy-man should receive a Bishoprick or an Abbey from a Lay­mans hand, he should be accounted no Clergy-man by any one, and should be deprived from entring into the Church, and the like for him who shall receive other Benefices, unto which Penalty he Subjected also the Emperor, the King, the Duke, the Marquess, and the Earl; and every Power or Person Secular that should dare to invest with Be­nefices.

The Emperor maintained his Cause by his Arms, against the Pope and his Colleagues, and was followed by most part of the Bishops: Whereupon the Pope was in a grievous Danger; but he who had for­merly Excommunicated the Normans as Usurpers of the Kingdoms of Sicily and Puglia, had Recourse to their Assistance, granted them all that for which he had Persecuted them, and absolved them from the [Page 30]Excommunication; and if for this Cause Robert King of Naples, and of Sicily, N. 102. who heretofore was a Persecutor of the Popes, had not turn­ed to his Defence, to make a Counterballance to the Emperor, he had maintained his Cause with a total Victory, but by the help of Robert the Pope was supported, although in Exile; and he being dead in his Assistance and three Rogers of the same Family, the same Contention continued likewise with the two Successors of Gregory, both Monks of the same order, the last of which was Ʋrban 2d, who in Reward of the Services done by the Normans, gave one of them a Bull for the Monar­chy of Sicily, really granting them a greater management in the Affairs of the Church, than that he would take from the Emperor: Which to do, besides the Excommunications he often repeated against the Empe­ror, and the Rebellions he stirr'd up against him, making his Eldest Son to Rebel against him also, and by his means excluded the Emperor al­most out of Italy. But he being dead, the Pope who Succeeded, re­peated the Excommunications against the Emperor, and raised many Rebellions, making his other Son to Rebel also, with whom the Father engaged in War,N. 103. one time overcome, and another time Victorious, came finally to conditions of Agreement wherein he was cheated, and reduced to a Private Life, left the Empire to his Son, who was called Henry.

Henry 4th being dead, Paschal, for so was called the 4th Pope amongst them, for beginning from Gregory 7th, they fought with Excommuni­cations and spiritual Weapons, for the taking away of the Investiture of Bishops, and Abbies from the Emperor; he assembled a Council at Gnastalla, and then at Troyes in France, and renewed in them both the Decrees of Gregory 7th, and of Ʋrban 2d, that no Lay-man should hinder the Conferring of Benefices. In France the Decree was not ac­cepted by the King, but he continued according to Custom, and also the Emperor Henry 2d the Son opposed it, who in the year 1110 came Armed into Italy, for the Crown of the Empire, to which the Pope having opposed himself by Controversies depending between them, they agreed that Henry should go to Rome for the Crown,N. 104. put the Contro­versie of Investitures to silence, neither party being to speak of them. Henry went to Rome, where Pope Paschal appearing to him to be Su­perior in strength, not remaining firm in the Conditions, he would have him to renounce the Investitures, and Henry confiding in his bold Forces, proposed on the contrary, that the Pope should revoke the Decrees, saying, he would not be inferior to Charlemain, Ludovicus Pius, and other Emperors who had given the Investitures Peaceably and quietly; whereupon the Contentions encreasing, the Emperor took the Pope Prisoner, and the most part of the Cardinals, carrying them from the City; an Accommodation was treated on, and finally the Pope agreed to Crown him, and to let him have the Conferring of Benefices, with­out Excommunicating him for it, and he Swore to the observation of the Agreement, and the Mass being Celebrated, the Pope divided the Wafer, N. 105. and with one half he Communicated himself, and the Empe­ror with the other half, making Cursed and dreadful Imprecations, for which of them should be a Violater of the Agreement.

The Pope gone back to Rome, said he would observe the Agreement, but yet his Legates Excommunicated the Emperor and he two years after in 1112. Call'd a Council, Confirmed the Decrees of Gregory and Ʋrban, that no man should receive Investitures from Lay-men, and [Page 31]caused the Council to annull the Agreement made with the Emperor, and finally in 1116, Excommunicated him besides. Pascal dyed, and Gelasius the 2d Succeeded him at first, then Calisto the 2d, with whom the Contention lasted, and by whom and by all of them the Emperor was Successively Excommunicated. These three Popes did not only make use of Excommunicating, but also stirr'd up many Seditions against the Emperor. The chief of one was Lotharius a Saxon, who took up Arms, and had many Victories; finally in the year 1122. Henry per­ceiving himself in so many difficulties, renounced the Investiture,N. 106. and a Tumult was appeased which had lasted 56 years, under Six Popes, by Excommunicating an infinite number of Persons, both Ecclesiastical and Civil, who adhered to the Emperor, and by the Death of num­berless Persons on both sides, in threescore Battels fought by Henry the Father, and in eighteen fought by Henry the Son; tantae Molis erat, to lay the Foundations of that Building, which we have seen brought up to the Top of the Battlements, whereof we are to speak.

In the Occurrence abovesaid happened between Pascal, and Henry, the Judgment of the World was various, some saying, that the Assent yielded unto by the Pope was Null, as done out of fear, finding himself and so many Cardinals in the Emperors hand, and therefore with Rea­son Pascal opposed him, and ceased from observing it: But on the other side, it was said, that if the Popes Assent were invalid for being extorted with Fear,N. 107. no less ought to be held for invalid the Assent yielded to by the Emperor, for Fear of so many Excommunications and Anathema's, of so many Rebellions and Machinations; for which cause he is subject to restore that which is done for Fear of Imprisonment and not that which is done for Fear of Anathema's, and for Fear of see­ing all his Dominions and People in Confusion, and in Civil Wars. Some men in Counsel in the presence of Pascal, made use of this Di­lemma; if the Decree, and the Bull of his, by which he granted Inve­stiture unto the Emperor were Lawful, they ought to be observed, if they were unjust, and as some say Heretical, then was the Pope Author also Heretical, and unjust: 'Tis true indeed, that a thing just and due although done out of Fear, is valid, and that no man whatsoever is blameless, if for any kind of Fear he acteth contrary to the Law of God.

The Contention of the Popes with the Emperors, about this matter of giving Investiture of Bishopricks and Abbeys, stopt not only in Italy and Germany, Kingdoms of the Emperor, but in the same times also in France, some of the Bishops stirr'd up by Example, and through Interest,N. 108. opposed the King for the same cause; but because all were not agreed to make a League with the Pope against the King, the King for the most part overcame him, and the Popes were content to gain that by little and little, which was Impossible for them to do all at once together.

In England the King having alwayes conferr'd Bishopricks, and Ab­beys, in the year 1102, Anselm Arch-Bishop of Canterbury refused to Consecrate the Bishops provided by the King, he adhering to the Decrees made by the Popes, and the Contention lasted many years, the King maintaining his Authority, and the Arch-Bishop by the help of the Pope defending his Opposition; the King believed himself able to per­swade the Pope to that which he reputed Just, therefore he sent an Am­bassador, who received such rough Answers and Threatnings from the [Page 32] Pope, that to take off his Edge, the Ambassador thought fit to tell him, the King would not lose his Authority, although he were to lose his Kingdom, to which the Pope replyed with no less boldness that he would not permit it, although he were to lose his Head.

The King remained Constant,N. 109. and it behooved Anselm to depart the Kingdom, incapable of returning, without Consenting to the King's Will. But the King dying without Heirs-Male, and some Civil Wars happen­ing, 'twas easie for the Clergy-men to prevail, and to introduce That into England, which had been introduced in the Empire, where after the Cession of Henry, of which hath been spoken, the Pope obtained his intent; true it is, that in the year 1132, Lotharius the Saxon Suc­cessor of Henry the 5th Emperor, being sought to by Innocent the 2d, engaged in a Schism, that he would acknowledge him for Pope, and not his Adversary; refused to do it, unless the Investitures Renounced by Henry were restored to him; and perhaps the Pope would have grant­ed them, but St. Bernard very intimate with Lotharius perswaded him to desist, proposing to his Consideration, that he having made War a­gainst Henry his Predecessor and Lord, upon Pope Paschals Instance for that cause,N. 110. afterwards to be willing to make himself a Defender of Henry's Pretention, was to declare himself a Rebel, and that he had made War against his Lord, while he was defending a just Cause.

That which usually happens after great Victories, namely when all the Forces of the Enemy are not Extinct, the Fragments or the Re­mainder of the overcome Party, oftentimes spring up again with old Pretensions, which the prudent Vainquisher temporizeth dexterously, rather than oppose himself openly by renewing a War, so it fell out in these present occasions.

The Popes not being able to have the Victory, of such a great Pre­tention so entirely, but that in some Places, some Benefices would re­main in the Power of the Laity, and that a Prince sometimes for some Necessity of his Government, without Regard to the Pope, would be­stow some Bishoprick after the first manner; There remained in France the Regalia, N. 111. which is a Right of the King to Confer all single Benefi­ces Vacant by the death of the Bishops, until the Successor be Crea­ted; There remained in Germany a Right of the Emperors, of giving only one of the Canon-ships in many Churches, and so divers particular Authorities were retained by some Princes.

The Popes that they might not (by Contending for these particular uses) renew the Contention with hazard of losing the whole, or else by letting them run on, they might do prejudice to the general Cause, thought it requisite to make Provision, both by Negotiation and Art. They found a Temperament or Complyance, by causing the Canonists and other Scribes depending on them, to Write that these Princes en­joy'd that Authority, through Priviledge granted by the Pope: This served the Popes for a Reputation, to make appear that Princes had no Right, but by their grace and favour, and assured them also that they might pretend further, and 'twas easily passed over by the Princes, to whom it seemed, that it was to secure them from the Molestations which the Popes might give them,N. 112. and by adding an Ecclesiastical Title to their own Possession, make it more secure. But the Event shew'd that to be Poyson, which was esteemed Physick; For about 1300, Boni­face the 8th, exercised sharp Contentions with Philip the fair of France, that he should yield up the Authority of the Regalia's abovesaid, and [Page 33]they proceeded so far, that this Kingdom was exposed to great Danger, by Excommunications and Interdictions, by depriving the King, and by granting the Kingdom to Albert the Emperor. At first when 'twas as­sented to, it was not well thought of, to whose account it would turn by the Apostolical granting to preserve that which was the Princes Pe­culiar; For the Popes since pretend they can revoke the Priviledges granted by their Predecessors, even without a cause, though indeed they never want Pretexts to feign a cause, and whosever Possesseth by a Title of his own, and is content to acknowledge it for another mans Favour, is like him who leaving his own ground, goes to build on a­nother mans.

But on the other side when some Prince having broken Patience,N. 113. con­ferred some principal Benefice, which the Kings of England and of Si­cily oftentimes did, the Popes not to engage in Contentions, said no­thing more to the Prince, but not to let themselves be prejudiced, they wrought by Practises through the Monks means, that the Elected should renounce into the Popes hand, promising him he should be invested by the Pope, and so should have that quietly, wherewith if he had not been contented, the Pope would have opposed it, and brought all into difficulty.

Of these Practises then used frequently by the Popes, Florentius of Wingerin and Ivo Carnotensis, who were Writers in those times, make a long Relation, as of a thing usually done in Germany and in France, with this Form of Words, that the Popes took with one hand, and gave a­gain with the other. This agreement was easily accepted, as that which freed one from Trouble and Molestation, and the same King if he came to reflect afterwards,N. 114. whether he past it as a thing which made no Alteration in effect, without considering, that it might import for the Future: Which manner they now make use of against the Catholick Bishops in Germany, who do not obey their Reservations, as shall be spoken of in its place.

In Spain the quiet and prudent Disposition of the Nation, together with the good Government of the Kings, were cause that in so univer­sal a change they passed it quietly; perhaps forwarded hereunto by the Exercise the Saracens gave them, which made them think of re­maining united to their King, and of living in Quietness; The Kings never went about subjecting the Clergy more than convenient, and they never made a League with Strangers, to exempt themselves from the Kings more than their due. As soon also as the Kings perceived, that the Popes of Rome had by Power, by Terror, or by Practices obtained something in other Kingdoms, they endeavour'd to accommodate them­selves according to those things,N. 115. in such a manner as might make the least alteration possible in their Government, for as touching the Cu­stom of times past, the Bishops, and other Ecclesiastical Ministers were or­dained according to the Antient Custom, the abovesaid Alteration being made in other Kingdoms and States, they would not lay hold on a Contention with the Popes, but by a prudent Complyance they were contented, that no Bishop should be Ordained without their Consent, and Alphonso the 6th, the better to secure himself, sought for Ʋrban the seconds Approbation, who granted to the King the JƲS PATRO­NATƲS of all the Churches in his Kingdom. Those Kings have proceeded quite otherwise than the Germans, French, and English; They were content to acknowledge for anothers favour that which was [Page 34]their own, so that it might serve to enjoy it more Peaceably; These have striven that they might not acknowledge their own from another mans, but all with Prudence.

These saw there was a way to lose all,N. 116. and to become Subjects, be­cause the Popes Demand not the utmost scope of his Intention, but a Degree of proceeding further; his Subjects considered, chiefly the Cler­gy-men inclinable unto Liberty, not to say Licence, and therefore ready to agree with the Stranger, to diminish the Authority of their Prince, whereupon they saw it necessary, that there should be no Door open, by which they might have Recourse.

But the Spaniards being confident of the quietness of their Subjects, had no Reason to fear, that suddenly they would move for a Re­course out of the Kingdom, but considering the Anxiety of their Af­fairs in those times, they had good cause to fear, lest those who had been able to make Subjects Rebel against Princes so much greater than they, should use the same Arts; and therefore they resolved most Pru­dently, to receive speedily that which greater than they were constrain'd to tolerate after much Wars.

Now for a Conclusion,N. 117. In the time which past between 1122, that Henry made his Renuntiation, unto 1145, it was established almost e­very where, that the Bishop being dead, the choice of the Successor should be made by the Chapter of Canons, and should be Confirmed by the Metropolitan, and if the Abbot were dead, the Election should be made by the Monks, and Confirmed by the Bishop, if the Monastery were unexempted: If it were exempted, it should be Confirmed by the Pope: Other Benefices which were de JƲRE PATRONATƲS were Confer'd by the Bishop on the Patron's Presentation: All others were at the free Episcopal disposing. The Popedom of Rome remained, for the Prince being Excluded, it seemed that it ought to return to the free Election of the People, but from the year 1145, Innocent the 2d ha­ving a Difference with the Romans, and being driven from the City by them,☞ he in Counter-change deprived them of the Power of choos­ing the Pope.

In the Troubles which happened for the causes abovesaid, many Ci­ties were in an Uproar by the Bishops Confederate with the Pope, which revolting from the Emperor,N. 118. and were headed by the Bishops, whereby they obtained the Publick Incoms, and the Regal Rights or Duties; and when the Differences were Composed, they had taken so firm Posses­sion, that the Prince was Necessitated to grant them in Feudo or Feal­ty, that, which de Facto they had usurped to themselves, by which they acquired also the Titles of Dukes, Marquisses, and Earls, as many of them are in Germany, who remain still such, both in Name, and in Fact; but in Italy, in Name only, which made Clergy-men a great quan­tity of Secular Goods, and the Augmentation was very notable, not only during the Troubles of which we have spoken, but also in those which followed under the Swevian Emperors.

The Monks in this time had intermeddled greatly, in favouring the undertaking of the Popes against the Princes, for which they lost some­what of their Reputation of Holiness; and indeed there was also lost much of the Discipline,N. 119. and Regular observance in Monasteries, because they intermeddled or crept into the Negotiations of State, and of War, wherefore their acquiring or purchasing ceased also, unless in some lit­tle Congregations newly instituted in Tuscany, who intermedled not in [Page 35]these Commotions, but preserved their Discipline, and therefore the Devotion of the People continuing towards them, they were instru­ments of acquiring New Estates, but yet not many, they being but few.

But another Occasion happened which caused great Acquisitions in the times whereof hath been spoken, which was the Warfar of the Ho­ly Land, and the heat of zeal was then so earnest,The holy War Contributed great Wealth to the Roman-Church. for going and for contributing to the gaining of it, that men making no account of Goods, of Wives, and of Children, engaged themselves in this Warfar, and selling their own, went beyond Sea; yea the very Women without ha­ving Respect to their Childbearing, sold their Goods to contribute to­wards the War. The Popes with their Priests, and other Prelates re­ceived under their Protection the Houses, and the Affairs of the Cruci-Signati (so were called those who went to the War) and that brought to the Churches such an encrease, as is wont to bring the being Tutor,N. 120. Curate, or a Procurator for Widdows, Orphans, and Persons under Age; neither could the secular Magistrate so much as think of defend­ing any one, for Terror of the Censures which they made use of with­out sparingness.

A great Point was added, which Eugenius the third Constituted, that for this Pious work, every one might alienate the Fee-Farms he held, which if the Patron could not receive, yet against his Will they might be taken by the Churches, which opened a broad way to the purchasing very largely. It happened also that the Popes of Rome made use of the Armes prepared for the holy Land in some Enterprise, whereby they augmented the Temporal Estate of the Roman Church: And also the Popes Legates, and the Bishops of the place where the said Arms were met together to unite themselves for the Voyage, they made use of them for divers Augmentations of the Churches Tempora­lity.

There being also offered and gathered a great quantity of money,N. 121. taken from the Faithful, especially from Women and others who were unfit to serve in the Wars personally, likewise to free ones self from a vow made, as also to obtain Indulgences and other Grants, all was not spent in that War, no doubt but some Prince might partake of it, but a notable share remained still in the hands of the Prelates, whereby Ec­clesiastical Affairs made some Augmentation. After this were institu­ted the Military Religions of the Templars, Hospitallars &c. for the defence of the Temple Built at Jerusalem, for the Pilgrims who went thither, and for to fight against the Saracens, which although it was a new thing to institute Religions for the shedding of blood, yet it was received with so much Fervor, that in a very short time they gained great store of Wealth: All these wayes brought great encrease of Riches to the Church. There was also another way of giving a very notable encrease to the Wealth of the Church, or Clergy-men,N. 122. the Reviewing well the matter of the Tythes, and where they were not paid, to proceed with Censures that there should or ought be paid not only the Predials of the Fruits of the Earth, but mixt Tythes also, which are the Fruits of Cattel,Reviewing of Tythes added more Riches. and likewise the Tythes of Personal Industry and humane Labour.

Unto the Tythes were the first Fruits joyned also,First-Fruits. which were first instituted by Alexander the 2d, herein imitating the Mosaical Law, which commanded that People to pay them; the quantity of them was not Established by Moses, but left to the Arbitrement of the Offerer.

The Rabi [...]s afterwards, as St. Hierome Testifies, determined the quan­tity, which was not more than the 60th, nor less than the 40th, which indeced hath been imitated by ours in the most profitable manner, ha­ving setled the 40th, which in our times is called the Quartese.

Alexander the third about the year 1170, determined that they should proceed with Excommunications, to cause the entire payments for the Tythes of Mills to be made,N. 123. and of Fishing, of Fur, of Wooll, and of Bees, and that the Tythes of every thing should be paid, before the Charges made for the gathering of the Fruits should be deducted; and Celestin the 3d, in the year 1195, established that they should proceed with Excommunications, to cause payment to be made of the Tythes not only of the Wine, Corn, Fruits of Trees, of Gardens, of Sheep, of Merchandize, of Souldiers pay, of Hunting, but also of Windmills. All these things are expressed in the Decretals of the Romish Popes; But the Canonists have gone much further, saying, that the Poor are obli­ged to pay Tythe, for that is given them by Alms in begging at doors, and that the Harlots are bound to pay Tythe of their Gain by Whore­dom, and of such other things which the World could not receive into use.

Tythes were paid unto the Curates, for the service which they afford­ed to the People, in Teaching the word of God, in Administring the Sacraments, and in performing other Ecclesiastical Functions; so that for these Ministeries nothing was paid;N. 124. some Pious and Rich Persons gave if they pleased, something for the Burying of their dead, or for receiving the Sacraments, and the custom went so far, that Curtesie was turned into a due Debt, and the quantity how much was to be paid, was also brought into a Custom, and came to Controversies, Secular men refusing to pay any thing, for the Administration of the Sacraments, because they paid Tythes therefore, and the Clergy-men denying to perform their Functions, unless there were given them that which was Customary; About the year 1200, Innocent the 3d remedyed this Disorder, by for­bidding the Clergy indeed from Contracting for any thing for their Ad­ministration, and to refuse it to those who would not pay them, and commanded they should perform the Functions without more ado. But after this was done, by Censures the Seculars were forced to observe the Laudable Custom (as the Pope calls it) in paying that which was usual, putting a great Difference between forcing before-hand by Contract, and forcing afterwards by Censures,N. 125. approving this as Lawful, forbid­ding the other as Simoniacal.

Another Novelty was also introduced contrary to the old Canons,Other wayes of gain. which Contributed much towards their Gain. It was Prohibited by the Canons, to receive any thing by Donation, or by Will from several sorts of Publick Sinners; as from Sacrilegious Persons, from him who re­mained in Discord with his own Brother, from Harlots and other such Persons; all these Respects were quite laid aside, and all indifferently received, especially the greatest and most frequent Legacies and Gifts are from Harlots, and from Persons who through disgust with their Relati­ons, leave or give to the Church. Thus the Popes of Rome used great diligence to help forward the Purchasing, as well as to preserve the Pow­er of Distributing what was Purchased, which (as hath been said) was with so much Labour and so much Blood, snatcht or drawn out of the hand of Princes,N. 126. and reduced to the Clergy. To which all the Ec­clesiastical order, for their own Interest not only consented, but help­ed [Page 37]it by Preaching, and by Writing, alwayes inculcating that it was an Ʋsurpation of the People, and a Tyranny of Princes to have any share of medling with the Distribution of Benefices, and chiefly with the Election of the Pope; and in our dayes one of the Arguments treated on by Ba­rentus, throughout all his Annals, with all opportunity and importuni­ty is this, that it was with an Impious and a Tyrannical Ʋsurpation of those Princes and People, to intermeddle in the Election of Bishops, and chiefly of the Pope; not considering that the best Popes have been pro­vided by Princes, and that alwayes when Clergy-men only have made the Election, infinite disorders have sprung up: But that which imports more, is, that Popes of a most holy Life, and Emperors of perpetual memory, have commended that Practise, and judged it necessary, nei­ther can it be now blamed, without slandering two Dozen of holy Popes, and particularly St. Gregory, N. 127. and the Antient Doctrines of the Councils, and of the holy Fathers. If at first the Mistery had been discovered, whereto would have tended this taking away the Investi­tures from Princes, the Clergy would not have been perswaded unto Novelty; but they believed their own Interest and liberty were con­cerned, wherefore the Practice began of bestowing Benefices in manner abovesaid, every one in his Diocess, some by the Election of the Chap­ters, some by Collation or setling of the Bishop; and likewise the Pope bestowed those in the Diocess of Rome, and medled not with giving Be­nefices out of his Diocess, unless sometimes in one case only, that is, when any Prelate being gone to Rome, either for Devotion or for Business dyed there, and in his company there hapned to be some noted Person of the same Nation, the Pope immediately Created him in the place of the Deceased, and sent him back, writing to the Diocess, or to the Mo­nastery, Lamenting the death of the Deceased, and consolating them with the substitution of the Person he had sent them; This thing was easily consented unto, as well because it hapned but rarely or seldom,N. 128. as because it appeared to be the Popes favour also, there being no cause of refusing a Person deserving, and of the same Country; but when the news of the death came to the Place, if the Pope had made no Pro­vision already in manner aforesaid, they stay'd no longer, but provided of themselves according to Custom. In nothing else did the Pope med­dle with Ecclesiastical Causes out of the Diocess of Rome.

The Pope of Rome nevertheless was very deserving from all the Cle­rical order, seeing that so many Popes with so much Toyl and Labour, together with so much Blood-shed had gained them that Power and Dominion over Benefices, and excluded the Princes, who from antient times, and the People who from the beginning had Possession of that Right, wherefore he was held in great esteem by the Bishops, who sought to gratifie him all the wayes they could; which put the Popes in mind of dealing with the Bishops after that manner as the Emperors were wont,N. 129. which was, to recommend one to them to be provided with a conveni­ent Benefice: At first these Requests seemed very strange to the Prin­ces, they opening a door by which Strangers or Outlandish men got an Inlet to be Beneficyed in their Kingdoms, and yet they were favoura­bly accepted, and answered by the Bishops with gratification, who only were intent on the Excluding of Princes, never thought that another by depriving them could assume to himself the settlement of Benefices. But shortly after through the Profitableness which the Court received from those who made Presents to obtain the Popes favour, and for the Char­ges [Page 38]of Bulls, they began to multiply the desires and the Recommenda­tions of the Pope in such a manner, that the Bishops became deprived of almost all Collations: Whereupon they were sometimes forced to pass without complying with them; the Popes found a Remedy for this, by adding Commands unto his Requests, which were obeyed at first,N. 130. but for being too frequent, it constrained the Bishops to transgress the Command, and without Respect thereunto, or to the Censures there­in Contained, they made Collations in regard to themselves and to their Churches, and it behoov'd the Pope afterwards to be content for a thing done, and to pardon them, seeing there was no other Reme­dy.

The course whereby Benefices were obtained in Rome, would have been easily stopt, but there was a Remedy invented for it at Court, for besides the desires and commands, they added an Executor, who if the Bishop would not confer the Benefice, he was to confer it, and to punish the Bishop besides for Disobedience. However they used that Method but sparingly, and when the Bishop had been stubborn. But at last for a quicker dispatch they came to yield to Prayers, to the Mandate, and to Execution altogether. Wherefore the Churches and the Bishops felt themselves much aggrieved,N. 131. and the Princes and the Nations complain­ed not only for being deprived of their Faculties, but also because by that means, the Benefices which by a most antient custom were bestow­ed on the Natives, fell all unto strangers, who were at the Court of Rome, whereupon oftentimes those were made Bishops and Curates, who understood not the Peoples Language, which they were not apt to learn by reason of the great Difference, as many Italians who were Benefi­ced in England, and the disorder grew so great that he (chiefly the Cu­rate) who understood not the Language of the People, was forbidden by the Pope of Rome from having any Benefice, reserving to himself the Power of Dispensing, Power of Dispensing. which did not remove the disorder, but only encreased the Charges of the Solliciters or Entreaters, and the Profits of the Court, they not sticking to give the Reversions unto strangers, granting them afterwards a Brief of Dispensation. But although such ample Authority which the Court of Rome had assumed to it self, was displeasing to men of good zeal, yet it was most grateful to a great number of Clergy-men and other Persons desirous of Benefices,N. 132. who were subject to Canonical Impediments, which rendred them uncapable: This sort of Persons no Bishop durst to promote, as retaining the due Reverence to the Canons; Nevertheless that which no man would do, the Pope did easily, dispensing against Canons and Ecclesiastical consti­tutions, introducing the saying; de Plenitudine Potestatis; and the lit­tle clause, non obstantibus, (a thing unknown and not heard of in so many Ages) which is now put into every Beneficial Bull, yea the Popes themselves in the distribution of the Benefices of the Roman Church, in good time or times of Prosperity, made Profession of being great­er observers of the Canons than any other Bishops; and one of the glories of the holy Popes, as may be seen in St. Leo, and his Successors was the punctual observance of the Canons, first by themselves, then by others; neither ought it to be said, that these were of less authori­ty,N. 133. but certain it is they were of greater goodness and knowledge, and they durst not do otherwise, than what was permitted unto others, whereas afterwards every thing was done at Rome, which others durst not do elsewhere.

St. Barnard who lived in the first times of these Introductions, which although they had not past so formerly as happened afterwards, writing to Eugenius, the third, rebukes them sharply, complaining that the City of Rome was the place, whereto the Ambitious, the Covetous, the Si­monists, the Sacrilegious, the Concubine-keepers, and the Incestuous had their Recourse to obtain Benefices, for they found none who would receive them in other places, Rome being the only place, which made that Legal or Lawful, which every where else was reputed un­lawful.

The Popes themselves could not deny, but that the granting of these Expectancies or Reversions were burdensome to the Churches, yea Gregory the 9th C. Mandatum de rescrip. confesseth it with open words, wherefore they were restrained by inserting this little Clause, If we have not written for another, bringing into Custome,N. 134. that every Pope might grant a Reversion upon any Church, and no more. Besides they were wont afterwards at their entrance into the Popedom, to revoke all the Reversions granted by their Predecessor, that their own might take place more easily, or else that those who had obtained them, might be necessitated to have new ones at new Charges, for to Confirm them therein; as for Elective Benefices, which are Bishopricks and Abbeys they gave no Expectancies or Reversions, there being no Example of it, for they had been bestowed by the Princes, but the Court invented other Modes or Wayes, whereby they often drew the Collation of them to Rome, setting forth many Conditions which were necessarily to be ob­served, before coming to the Elections, and others in the Celebration thereof, and requiring divers qualities in the Person of the Elected,N. 135. ad­ding thereunto, that if any of these were not observed, the Electors were for that time deprived of the Power of Choosing, which devolved it self to Rome; Besides this also, and for divers Respects of the Ele­ctors, or for other Causes, there arose amongst them difficulties about the Election, for which cause one of the Parties would Appeal to Rome, where most commonly the wrong was given to both, and the Election made invalid, and the Collation of the Bishoprick or Abbey for that time was drawn to Rome. Also when the Court heard of a vacancy of some good Bishoprick or Abbey which had happened, it dispatched imme­diately a Letter Preceptory, that there should be no proceeding to the Election without his knowledge, and with an honest shew or colour of helping or preventing disorders which might happen, he sent a Person to assist and preside in the Election, through whose means by divers wayes and managements, the Election was made to fall on him, who was to be the greatest Benefactor to Rome.

There happening then for the causes above written,N. 136. that few Electi­ons of Bishopricks and of Monasteries were Celebrated, but for some of these Respects were examined at Rome, whereupon the Pope me­diated or interposed himself in most of the subsequent Elections, co­vering it with the honest Title of Devolution for the publick service, seeing that the usual Electors wanted of that which was their due, they thought it convenient to put to their hand also, either by commanding when it seemed to them, that the Electors should not come to the E­lection without their leave, or that they should not chuse, but by the Counsel of some Persons nominated by them; thus by different wayes they came to assume some share in the Elections also. These methods variously used according to the Exigency of Accidents, had not the [Page 40] Power of a Law, but of Customs, or of Reasonableness unto the year 1227, when Gregory the 9th having considered how Theodosius formed the Politick of the Empire, Collected his Rescriptions or Decretals and those of Preceeding Princes into a Book,N. 137. which was afterwards called the Theodosian Codex: And Justinian having accommodated the Antient Laws, according to the times then being, and reduced the Decrees of his Predecessors into a Body, he called them the Justinian Codex. So the same Gregory the 9th, framed a Politic, having reduced into a Body all the Rescriptions or Decretals, together with the Accidents which hap­pened, serving to the Roman Greatness, and having extended that to a common use, which had been established for a particular place, and perhaps for that special case only, and having abolished others, called that Book the Decretal of Gregory the 9th, which began to lay the Foundation, and to establish the Roman Monarchy, chiefly in Beneficial matters, in which Book there is much more concerning the Edification of Law-fruits, than concerning the Edification of Souls.

The old Collectors of Canons, Particularly Gratian, made a Colle­ction of all that he accounted proper to the Papal greatness, yet not without Changes,N. 138. Alterations, and Falsifications also of the Places from whence the Sentences were taken; and 'twas believed by him he had rais­ed that Authority to the greatest height it could attain unto, and for those times he was not mistaken; but Affairs being altered, that Com­pilement was not for his purpose, but after that which he called his Decree, followed this Decretal, which gave no satisfaction neither, but from time to time as the Popes advanced in Authority, they framed new Rules for themselves, so that in the matter of Benefices, neither the Decree, nor the Decretal, nor the Sesto have any more Room, but other Rules as shall be spoken of.

The great Method which the Court of Rome used in bestowing of so many Benefices, drew thither all sorts of Clergy-men, those who had none to gain some, and those who had, to aspire unto greater or bet­ter: So that besides the old causes this also was added, that many be­came non-Resident; which the Court could not dissemble, for every Diocess complained that the Churches were without Government,N. 139. and attributed the cause of the Evil where it truly was, wherefore 'twas re­solved some Provision should be made for it. Therefore it seemed not convenient to the Popes of these times to proceed as formerly with Castigations, because the disorder was too common, as also because it would have been a means to send all out of Rome, which if it should have been done, the Court would have remained empty, and every one would have endeavour'd to obtain Benefices from his Bishop, near to whom he was personally, rather than to send Salaries, and Messen­gers to Rome, for the obtaining of Expectancies or Reversions; How­ever a Medium was found by making of Laws, which commanded Re­sidency to that sort of Beneficed men, who could expect but little from the Court, speaking nothing of others; Thus Alexander the 3d in the year 1179, commanded Residency to all Beneficed Persons who had the Cure of Souls: The 'twas added also, all those who had Digni­ties,N. 140. Administrations, or Canon-ships; of other inferior Beneficed men 'twas never said they were obliged to Refidency, and much less were they commanded to Reside, wherefore by little and little they account­ed themselves not obliged to it; in such manner there arose a Distin­ction of Benefices, some of which required Residency, and others simply [Page 41]which obliged not thereunto; wherefore the Doctors declared the Pro­gress, that de Jare all are obliged unto Residency, not being able to say otherwise without perverting Antiquity, but through custom they say single Benefices Excepted.

It was a most common saying: Beneficium datur propter Officium, where­fore these being disobliged from Residency, having no Office, it seem­ed that the single Benefice remained as a vain thing in the Church. For which they found a remedy by an Equivocation. The Canonical hours which at first were Celebrated in the Church, by all the Fraternity, and afterwards some made it Lawful for themselves to say them privately, about the year 800, they acquired the name of Officium divinum, N. 141. which being Celebrated by all, either in common or in private, the truth of the Proposition was saved: Beneficium datur propter Officium; that is to say, for repeating the divine Office, not for serving the faithful People residing in the Churches, and exercising the charge as formerly, and this is that Officium, answerable unto Beneficium. Therefore the Conscience of many Beneficed men being secured by this means, that they might be absent from the Church of the Benefice, it seemed also necessary to find out a way that when it had been needful to cause any one of those to remain at Court, who was obliged to Residency, it might be done with­out derogating from the Laws. Whereupon Honorius the 3d about the year 1220, declared that he who was in the Popes Service, should not be obliged to reside; nothing else remained, but to find a way how they might take away Residency from some Rich Benefice under Cure, which failed not;N. 142. for it being an ordinary thing for the Parson of the Parish at times when he is Lawfully hindred, to appoint a Vicar to serve for him, allowing him a convenient Stipend; so it is found, that they might (but with the Popes Authority) Create a perpetual Vicar, appointing him a sufficient Portion, and leaving the remainder to the Rector, oblig­ing that Vicar unto Residency, although the Rector draws the greatest part of the Income, and remains free himself, whose share becomes as a single Benefice, and that of the Vicar remains for the Curates Provision. And as it was unknown to the Antient Church, that any Benefice was given but for the Office sake, and therefore every one is obliged to exe­cute his Office Personally; so there was never one man deputed unto two Charges or Offices, not only for being impossible when they are to be exercised in different places, but also because those holy men ac­counted it no small matter to perform one well, and there are many Ca­nons, to which ancient Institutions are referr'd, that one cannot be Or­dained to two Titles, nor serve in two Churches.N. 143.

In those times when Benefices were distinguished into such as have Re­sidency, and such as have not; Consequently 'tis come to be said,Benefices with Residen­cy and with­out. that of those, where it is not necessary to serve in ones own Person, a man may have more than one, and there arose a distinction of Compatible, Benefices Pa­tible and In­compatible. and of Incompatible Benefices; those which require Residency, are In­compatible amongst themselves, a man being not able to divide himself into different places, but these with others, and they amongst themselves are Compatible, seeing it is not necessary to serve Personally.

However in the Beginning, they proceeded in this matter with great Respect, and went no further than to say only, when a Benefice was not sufficient for the Clerks Living, he might have another Incompatible, but they never durst go on to the third, much less unto the second, if the first had been sufficient. The Authority was never extended farther [Page 42]unto the Bishop,N. 144. but 'twas added to the Pope, that he might have Au­thority to grant more than two, if both were not sufficient for a Living, and this sufficiency for living is cut out very largely by the Canonists, for they say that a meer Priests Living, comprehends not only the Main­tenance of the Person Beneficed, but for his Family, for his Kindred, for three Servants, and for one Horse, and also to receive strangers; But when the Beneficyed was Noble or Learned, so much more besides that, as might equalize his Nobility, and that which they say for Bishops is wonderful; and for Cardinals, let the Common saying of the Court suffice: Aequiparantur Regibus, Equal to Kings. But all this proceed­ing with the ordinary terms, that through dispensation every Canonist holds that the Pope may grant to one, to hold what number of Bene­fices he pleaseth, and de facto, Dispensations of the plurality of Benefi­ces went on so far,N. 145. that John the 22d, about the year 1320, revoked them all, restraining the Dispensations unto two Benefices only, which being done with reserving to himself the disposing of others, (as shall be de­clared in speaking of reserves) 'twas not then believed, he had done it to take away the Abuse, but for gain, chiefly, because that Pope was a subtil inventor of wayes to encrease the Treasury, and time gave Te­stimony thereof; for it returned not only to its Pristine Plurality, but also unto greater, and as far as our times, we have seen, and do see, Dispensations without measure. All the Canonists and the Casuists agree that such Dispenses ought still to be given for a Lawful Cause, and that the Pope sins, if he grants them without it: But if that which is of value in the Dispensation granted without Lawful Cause, be excused, they do not agree.

Others say, that it excuseth before God, and before men; others that it serves to avoid the Penalty of the Canonical Laws, and that in Con­science, and before God it avails not. This opinion is followed by the most Godly men,N. 146. the first is most grateful to the Court, who is not pleased to have any Law imposed which may regulate the Popes Au­thority, chiefly in Beneficial matters; because some of them hold also, though with great contention of others, that the Pope can also grant many cured Benefices through Dispensation, however they have not made use of that opinion, seeing they have found out other wayes to bestow many cured Benefices, with Colour and Pretext which should appear but one,Union and Commenda­tion. and these Inventions took beginning in the times above-said. One of these wayes is Ʋnion, the other Commendation, of which it will behoove us to speak anon.

'Twas a most Antient thing, that when a People by Accidents of War, of Plague, or by Inundation was reduced to such a small number that it could not support the Charges for the Maintenance of a Mini­ster, the Bishop gave the Cure of that People unto the Neighbouring Parish, and together with that, applyed the small Incomes, and this was called Ʋniting of two Parishes. N. 147. In like manner when Cities were dimi­nished or wasted, and therefore could not maintain the Bishop conve­niently, the Metropolitan with the Bishops assembled in Councel, gave two or more to one Bishop, and these Cities were called Ʋnited; as likewise on the contrary, when the number of People encreased, and that one man only could not supply all, one Cure became divided into two; yea unto these present times these Methods are Commendably used, which are for the Service of God, for Spiritual Benefit, and for conveniency of the People. But after they proceeded to make unions [Page 53]also for the Conveniency of some Pious Place, by which means some Benefices became united to some Bishoprick, or to some Monastery, or to some poor Hospital, by virtue of which union the Party Beneficyed seems indeed to have two Benefices, but in truth he hath but one. Humane subtilty invented, (being willing to give two incompatible Benefices to one Person) to unite the one unto the other during his Life,N. 148. so that giving him the Principal, the United was also given by Consequence, by which means it saves very well the Law of having but one Benefice in appearance, but in the Existence there is nothing but the observance of th words, with Transgression of the sense; The Jurisconsults call it the Fraud of the Law. This served also that they might give a Cured Be­nefice to a young striplin or boy, or to any other illiterate Person, and without being obliged to receive Sacred Orders, by uniting the Cured Benefice to a single one, during Life, and Confering the single one in Ti­tle, the Beneficyary remained the Curates Patron also; and the words of the Law were very well observed. But the Power of Ʋniting Be­nefices for Life, was never granted to the Bishops for any Cause what­ever, but reserved to the Pope of Rome only: Some Lawyers call it an Ʋnion in the Name, but in Fact it is a Relaxation of the Law, and they hold it for Damnable, wherefore also in some Kingdoms it hath been prohibited. It was long used by the Roman Court, N. 149. now 'tis no more in use, no more than many other Cantelous things, not to call them Frauds like these which speak too Legally for the Causes, as shall be declared when we come to our times.

The Commendum had also a good Antient Institution,Commendums. for when an E­lective Benefice became Vacant, either Bishoprick, Abbey, or else a Living which was Jus Patronatus, for which the Ordinary out of some Respect could not provide immediately, the care whereof was recom­mended by the Superior, to some worthy Person, until Provision should be made, nevertheless that Person had not Power to make use of the Incoms, but only to Govern them, and for this an Excellent man was chosen, who usually was a Benefic'd man, to whom the recommended Cure was a burden, with which he was to be contented for the Church service only. This could not be called,N. 150. having a Benefice recommend­ed unto him but very improperly; and therefore in Reality he had not two Benefices, although to make no difficulty of speech, there arose a Maxime amongst the Canonists, that a man might have two Benefices, the one in Title, the other in Commendum, which Commendum at first lasted but until Provision were made, afterwards they Commended for a good while, which sometimes was long enough, wherefore the Pope of Rome forbad the Bishops from Commending for above six months, not making the Rule for himself, but by a Court Style the Commendum contracted a little Custom not altogether Commendable, which was, that when the Pope had a mind to give any man a Benefice, it could not be done, either for want of Age, or because the Benefice was Monacal, and the Person Secular, or for some other respect he Commended it to him so long, that he might acquire the necessary qualities for to have the Ti­tle of it.

But finally about the year 1350, all Respects being laid aside, the Popes holding the other Bishops strictly to the Term of six months,N. 151. they Proceeded to give the Commendum for Life, which if it be given to one who hath in Title another Incompatible Benefice, he observes very well the words of the Law, that two Benefices cannot be given, but one in [Page 54] Title, and the other in Commendum; but the sense is defrauded, because that which is Commendatory for Life, as touching the Profits, is like unto the Titular; also giving a Benefice in Commendum to one who hath not the qualities required by the Canons, doth not disagree with the Words thereof, but 'tis given to him in Deed, and not given to him in Words: the Commendums of Bishopricks and other Benefices are almost out of use in Italy: There remains some Abbeys for the Causes which in our times shall be declared.

By the means abovesaid, the Popes drew to themselves great share of the Beneficial Disposals, in all the Christian Kingdoms of the West, but in the Eastern Churches, he was never suffered to dispose of an A­tome, not only in the last Ages of that Empire, when the Greeks were totally divided,N. 152. but likewise in the first Ages also, when they were uni­ted into a Body, except that in Syria and in Greece, in the times and in the places which were under the Dominion of the French, and of the Venetians. But the Popes Letters which disposed of Benefices in man­ner abovesaid, although they were indeed for the most part obey'd, yet nevertheless not without some Complaint and Murmuring, putting it of­ten to dispute, whether the Pope could do this or that.

In Italy none opposed the Pope, unless some Pious man for Respect of Conscience, and for the Service of God, it being besides profitable to the Italians, for such were the Roman Courtiers, who by means of the Popes ample Authority, received Incoms from Beyond the Alps. In Spain the Prudence of that Nation in their Practice, deluded the Arts of the Court.

In England, as in a Region where the Benefices were many and Rich, the Roman Courtiers made great gains, wherefore in the year 1232, a League was made in that Kingdom,N. 153. between the English Clergy-men, and the Souldiers, against the Roman Clergy-men Beneficed in that Island, who were spoyled of their Goods and Incoms; The Pope Com­manded the King under pain of Excommunication, that he should Chastize or Punish, and Persecute them with Temporal Arms, and that the Prelates should Excommunicate them; But they were found to be so numerous, that the King durst not meddle with them, neither did the Prelates dare to make use of their Spiritual Weapons. The Affairs remained quiet for a few years, whereupon Pope Innocent the 4th, a Genoése took fresh Courage, and sent one Martin his Kinsman, by whose means he renew'd the Fashions of the Court, upon which the English had Recourse to the King, Complaining that the Italians got Possessi­on of all Benefices; The King Banished Martin from the Kingdom, and causing an Account to be made of how much the Pope drew out of En­gland, he found it to be equal to his own Revenue, which is sixty thou­sand Marks; The King proposed some of these Differences to the Coun­cil at Lions, making Complaint of the abovesaid grievances, whereto the Pope answered, the Council was not Assembled for that purpose, and that it was no time to harken to it.

In the said City of Lions during the time of the Council,N. 154. the Pope would have given to his Kinsmen some Prebendaries of those Churches, upon which there was a great Commotion in the City, and the Pope had notice given him, that they should be thrown into the Rhone, wherefore the Pope sent them away privately.Rhodano.

For all this the Court left not off its Designs, but in the year 1253, the same Pope Commanded Robert Bishop of Lincoln, (a man in those times [Page 55]Famous in Doctrine and in Goodness) that he should confer a certain Benefice upon the Genoése against the Canons, which appearing inconve­nient and unjust to the Bishop, he answered the Pope, that he Honour'd Apostolical Commands Conformable to Apostolical Doctrine, wherefore that non obstantibus is a Deluge of inconstancy, a Breach of Faith, a disturbance of the quietness of Christendom; that it is a grievous Sin to defraud the Sheep of their Pasture; that the Apostolical See had all Power to Edification, none to destroy. N. 155. This Answer received, the Pope grew wroth exceedingly; But Cardinal Egidius a Spaniard, being a Prudent man, endeavour'd to Mitigate him, representing to him, that to proceed against a man of such Reputation, for a cause so abhorr'd by the World, could not bring forth a good Effect. But whilst the Pope studyed to shew his Resentment, Robert fell sick, and to the end of his Life held the same Reasons, and dyed with an Opinion of Holy­ness, and 'twas fam'd that he wrought Miracles. The Pope hearing of his Death, caused a Process to be formed for the King, to dis-inter the dead mans Corps: But the night following, in a Vision or in a Dream he had Robert in Pontifical Robes, who Rebuked him for persecuting his memory, and smote him on the Flank with the But-end of his Crosier-Staff: The Pope awoke with an excessive Pain in that Place, which afflicted him unto his Death, that happened within a short time after.

In the year 1258, Alexander the 4th Excommunicated the Arch-Bi­shop of York for the like Cause, who persevering in his Deliberation,N. 156. endured the Persecution with much Patience, and drawing neer to his Death, wrote a very Prudent Letter to the Pape, exhorting him to imitate his Holy Predecessors, and to take away the Dammageable Novelties from the Church, and from his own Soul; He dyed with the Opinion of a Saint and a Martyr.

In these times 'twas likewise necessary in France, to make a Provisi­on, which I shall relate after having given notice, that for these and for other Impediments which the Princes and the Bishops opposed a­gainst the endeavours of the Court, which never thought of giving o­ver: For Clement the 4th, in the year 1266, resolved to lay the Foun­dations, whereby he, or his Successors, might declare themselves to be absolute Patrons in all the Collations of Benefices throughout the World, and remove the necessity of finding out Wayes and Arts to draw the Collations unto Rome, and made a Bull, which concluded nothing else but the Reservation of the Vacanti in Curia, saying, that the Collation­ing of them by an Antient Custom is reserved to the Pope, and there­fore he approved of this Custom, and wil'd it to be observed;N. 157. But to conclude this alone; So much an Hyppothetical Premium can do, in say­ing that although the plenary Disposal of all Benefices,Premio Hippo­tetico. belongs to the Pope of Rome, so that he may not only confer them when they become Vacant, but he may also before Vacancy grant a Right for the acqui­ring of them; Nevertheless the Antient Custom hath more especially reserved the Vacanti in Curia; Wherefore we approve of that Custom. If the Pope had made a concluding Edict, that the Disposal of all Be­nefices belonged to him, the World would have stir'd in it, and as well the Clergy-men as Princes, and other Lay-Patrons would have declared their Reasons. But this Proposition being put into a Conditional with­out a Conclusion, went on easily without any notice taken of how much it might Import. But two years after, that is, in the year 1268, [Page 56]without having any Respect unto this Bull, N. 158. St. Lewis King of France, seeing that the Provisions made by the Queen Regent his Mother, du­ring his Minority, and during his Absence in the Holy Land, were not sufficient to remove the Confusions introduced in the matter of Be­nefices,Pragmatic Sanction. made his famous Pragmatick, wherein he Commanded, that Ca­thedral Churches should have their Elections Free, and the Monasteries likewise, that all other Benefices should be given according to the Dis­position of the Law, and that no Imposition of the Court of Rome could be levied upon Benefices without his Consent, and the Churches of his Kingdom. This Holy Kings going into Africa against the Mores, and his Death which happened in the year 1270, and the need the House of Anjou had of the Popes Favour, to settle his Kingdom in Naples, and to recover that of Sicily, and the Power which the Pope granted to the King of imposing Tythes under Pretext of the War of the Ho­ly Land, were cause, that the French easily permitted the Court of Rome to regain the same Authority;N. 159. whereupon in the year 1398, Boniface the 8th placed the Constitution of Clement in the Decretals, and made that That which was said Hyppothetically and Incidentally, became the Principal, and to give it the greater Authority, he exposed under the name of Clement, leaving it dubious, whether it were the 4th or the 3d. Therefore now in some Copies it is Read the 3d, in others the 4th. For which cause this Proposition was given to be believed at first, i. e. That the plenary Disposal of all Ecclesiastical Benefices belongs to the Pope, which is pretended to be meant in a Sense not altogether perverted, which is, that the Pope should have full Power, but yet Regulated by the Laws, and by Reason: A little after Clement the 5th made void all good understanding, by saying, that the Pope had not only full Power, but also free over all Benefices, which freedom is understood by the Cano­nists, Exempt from all Laws, and Reason; so that he may do all that he pleaseth, notwithstanding the Reason, or the Interest, of whatsoever Church, or of Particular Person, yea even of a Lay-Patron. This Proposition is put into the Bulls upon every occasion,N. 160. and there is no Canonist but passeth it for clear, yea for an Article of Faith, saying, that the Pope in the Collation of any Benefice whatever, may Concur with the Ordinary, and also prevent it, and if it so please him, he may also give Authority to whom he thinks fit, enabling him in like manner to Concur with the Ordinary, or to prevent it, as they have since given this Faculty unto Legates, with a general Constitution.

There is nothing more Wonder-worthy in the Consideration of Be­nefices, Election of Ministers be­longed to the Faithful. than (it being as clear as the light at noon day) that the Electi­on of Ministers was at first by the Faithful People, then it passed unto the Princes, after the Christian Faith being received, they minded the Affairs of the Church, and finally it was reduced unto the Ecclesiasti­cal Order only,N. 161. the Seculars being excluded by the Management of Gre­gory the 7th, and his Successors, yet there still remained in each Diocess, the Election and the Collation of Benefices, and of their Offices, which since by little and little the Popes of Rome have assumed to themselves by the wayes abovesaid, and to be said hereafter; Nevertheless the Ca­nonists (either out of Animosity, or because it is not their Profession to know any thing besides the Decretals) have said, and do say in our dayes, without Respect unto the Notorious Truth which is against it, that heretofore the Pope provided all Bishopricks, and other Benefices, and that he afterwards out of Favour, granted the Election to the [Page 47]Chapters, and the Collation unto the Bishops, it is not to be doubted but one day it ought to be answered in the Articles of our Faith, for making a Doctrine to pass into the Church, which is so directly contra­ry to what they caused to be Preached in Former times, when Ansel­mus Bishop of Lucca, who wrote three Books against Gilbert the Anti-Pope, in favour of the said Gregory the 7th, which are still to be found, throughout all the second of which by the Authority of the Popes,N. 162. of the Holy Fathers, of general Councels, by the Custom observed from the Apostles time unto his, who wrote in the year 1080, Proves that the Election of Bishops by him called Popes, belonged to the Clergy and to the People of the same Diocess, and that the most Pious Empe­rors Constantine, Constant, Valentinianus, Theodosius, Honorius, Carolus, Ludovicus, and other excellent men for Faith, and in Religion never violated such a Custom observed in the Holy Church from the Apostles time, and a Constitution of Carolus, and Ludovicus Pius, being born or Contained in the Chapitolar, that Bishops should be elected by the Cler­gy and by the People of their own Diocess according to the Canons, saith, that this Constitution is most agreeable to that of the Holy Fathers, and no less than if by the Nicene Councel, or by any other General Synod it had been Promulgated by the Holy-Ghost, through the Mouth of those Emperors, where 'tis seen that to take the Election out of the Hands of Princes, they held for a Tradition, that, the Contrary of which they are willing now adayes, should be Written by the Canonists, N. 163. and Be­lieved by us, so that of necessity the Canonists must Err, or else the Allegations of the Bishop of Lucca have erred: And if the Ordination of Bishops in their Diocesses after the manner aforesaid, was the Liberty of each one of the Churches, as the Fathers and the Councels taught, and granted them by our Lord Jesus Christ; Let not those talk so dis­orderly, who say the Court hath put all the Churches in Bondage under pretext of defending them their Liberty.

Seek this time, that having spoken in divers Occasions of different wayes of gaining Estates to the Churches, I toucht the manner of pre­serving them, which is by Prohibiting all manner of Alienations;Alienations. a thing Diametrically contrary to that which the Primitive Church observed. Wherefore if when 'twas Lawful by the Laws of the Prince, for the Churches to purchase Estates in Land,N. 164. they might retain those which were given or bequeathed, 'twas therefore in the Bishops Liberty, not only to make use of the Incomes, but also to sell the very Estates to discharge the necessary Expences in Maintaining the Ministers and the Poor, as also to give or bestow according to Exigencies; And the Authority of Dispensator granted to the Bishop, did not extend to the Fruits only, as at present, but also unto the Estate it self, and to other Chapters, which at first was Administred with Sincerity, so that there arose no incon­veniency thereby, and lasted a long time in Poor Churches, where the Estates being but small, and the Bishops of no great Authority, there was no matter or cause of Transgression: But in Rich Churches, and great ones, where the Reputation Emboldened the Bishops to attempt that which would not have been permitted unto all, and Abundance gave matter of being able to make use of some part Arbitrarily, the Bishops began to exceed the Bounds of Modesty, from Dispensing, they came to Dissipating, against which it was requisite to provide; neither the Provision proceeded not from the Clergy-men, but from Secular men, to whose prejudice it was;N. 165. For the Publick Estate of the Church [Page 48]being lessened, the Clergy were not suffered to take their Living, who were the first, but the Poor who remained to the last.

In the most Principal Churches, which were Rome, and Constantino­ple, the Provision was also first necessary, wherefore Leo the Emperor, by a Law of his, Anno. 470, Prohibited the Church of Constantinople from every Alienation, and in the year 483, Basilius Cecina Praefect us Praetorius of King Odoacre in Rome, the See of Simplicius being Vacant, by a Decree made in the Church, Ordained that the Estate of the Ro­man Church should not be Alienated, which was not found strange by three Succeeding Popes, but in the year 502, Odoacre being extinct, and all his Power, Simmacus the Pope Assembled a Councel of all Ita­ly, wherein he proposed as a great Absurdity, that a Lay-man should have made Constitutions in the Church, N. 166. and by Consent of the Coun­cel declared them Null: But lest it should appear that this would tend to disorder, a Decree was made in the Councel, that the Pope of Rome and the other Ministers of that Church, should not be able to Alienate, specifying that the Decree should not oblige other Churches, but the Ro­man only.

The following times shewed there was need of the same Law in all the Churches, wherefore Anastasius extended Leo's Law to all the Churches subject to the Patriarch of Constantinople, to all which he Prohibited the Power of Alienating.

But Justinian the Emperor, in the year 535, made a Constitution Ge­neral for all the Eastern, Western, and African Churches, and also for all Pious Places, Prohibiting the Power of Alienating, excepting only to Feed the Poor in case of extraordinary Famine, and to release Pri­soners, in which Cases Alienation was granted Conformable to the An­tient Custom,N. 167. of which St. Ambrose makes mention, that not only Pos­sessions, but also the Vessels were sold for such Causes. Justinian's Law in the West was observed in following times, until that Rome remained under the Eastern Empire, and there are many Epistles of St. Gregories, which make mention of Estates Alienated for the Redemption of Slaves. But from the times of Pelagius the 2d, unto Adrian the 1st, for 200 years the Expence was incredible which the Roman Church made for to recompence it self on the Lumbards, as well to cause them to raise the Sieges, as that they should not molest the Country, and St. Gregory gives good Testimony of it in his time: The Doctrine which runs at present was not then in Credit, that Ecclesiastical Estates are exempt from Common necessities, but quite Contrary; those were the first that were to be expended before they came to lay Contributi­ons upon private Houses.

Much less did it ever come into thought of putting into Controver­sie the Authority of Princes, about making Laws; because besides the perpetual observance,N. 168. there was the solid Foundation, that these were the Churches Goods, that is, belonging to the Common, and to the Congregation of the Faithful, so that it concerned the proper Office of the Prince, to procure the Conservation of them.

Afterwards, when the Empire was Established on Charlemain, the Ro­man Laws remaining without Authority, the abuse returned, whereup­on divers Prohibitions were made by divers Councels,Prohibitions. chiefly in France where the Dissipation was greater.

But after that, the Roman Popes had assumed the greatest share of the Government of other Churches, seeing that a General Prohibition [Page 59]wrought but little Effect, the Prelates wanting no Pretexts, to except every particular case from the Common Law, they made divers Ordi­nances from the year 1000, unto the year 1250, prescribing certain little Forms of Solemnity, which served for a Bridle, and for an Impe­diment. But in this time whereof we speak, Innocent the 4th, began to declare Null the Alienations made without those Conditions,N. 169. and Gregory the 10th, in the Councel at Lions Anno. 1274, Ordained they should not be able to Alienate, without leave from the Pope, besides the Solemnities abovesaid also; which hath been observed, and is still observed unto our dayes, never granting any Alienation but upon evi­dent Utility, which hath not wanted for those who have noted it for an express Iniquity, seeing that in Contracts never any man seeks for o­ther, than for Equality, and more cannot be, but with detriment to a­nother, specially the Canonists, to specify what thing this Utility ought to be, which the Church ought to receive in Alienation, some say it ought to be the Fourth part, others the Third part of the Value; So that they quite left off selling, to feed the Poor in time of extraordi­nary Famine, or to redeem Captives, it being Interpreted to be a dam­mage, and not an Utility to the Church. Thus things are turned about, that which heretofore was a work of a high Perfection in Christians, as selling, and giving to the Poor,N. 170. would now be subject to grievous Cen­sures, but Perfection is in retaining Ecclesiastical Estates, which much less cannot be exchanged without Evident Utility,Abuse of Pro­hibitions. and the Prohibiti­ons for Alienating, which were made against the Clergy-men, in favour of the Laity, are turned about against the Laity, in favour of the Clergy.

But returning to the Declaration of Clement the 4th and 5th, and to the Common Doctrine, that the Pope may Concur, and prevent every Collator of Benefices, this was of no great Profit, saving in the Vacant Benefices of the Neighbouring places to the Court, so that the Vacancy might be speedily known there, for as touching those at a Distance, his being able to Concur, or to prevent, was of little use, because before it could be known at Court, the Provision was made by the Ordinary, and had issued the Effect, or cast Lots: Wherefore 'twas invented, that which became a total Mutation in the matter of Benefices, and destroys totally the Antient Institution of all the Catholick Church,Reservations. this is the Reservation, which is a Decree whereby the Pope declares before a Benefice becomes Vacant, that when it shall be Vacant, no man shall confer it, N. 171. and the Collation which any one shall make, is to be of none Effect. And be­cause this is an odious matter as the Gloss saith well, to make it be re­ceived by the World, and swallowed down sweetly, 'twas in its begin­ning used sparingly, by reason the absolute Reservation seemed too hard, which Clement the 4th had made of the Vacanti in Curia, where­upon Gregory the 10th restrained it to a month only, permitting the ordinary Provisions might be made after that. Clement the 5th added thereunto the Reservation of the Cathedral Church, and of St. Cros's Monastery in Bordeaux for once; Pope John the 22d, his Successor stretcht the Step a little further, and made a Constitution to Reform the Plu­rality of Benefices, Prohibiting the keeping of more than one Curate, and another without a Cure with Dispensation, excepting the Cardinals, Commanding that he who had more, should resign them,N. 172. and for the future that he who had one Cured Benefice, and should receive ano­ther, was to resign up the First, and those which were resigned, should [Page 60]be reserved to his Disposal; The Bull for the apparent end of taking away the Plurality of Benefices, was a specious Reservation, though it had no other end than the Profit of the Court, passed away as a thing accessory, and which seemed at first sight without Burthen, because as yet the end whereto it tended was not discovered.

Here 'tis necessary to make a little Halt, because this Pope gave many Examples unto his Successors for the Collationing of Benefices, which served to heap up Treasures: He divided many Bishopricks, and when a Rich Benefice became Vacant, he was wont to give it to a man who al­ready had another somewhat inferior to it, giving that which was Va­cant to another, prevailing so far in this manner, that sometimes for one Vacant, he made six Provisions or Promotions, by transferring alwayes from one less Rich,N. 173. to another more Rich, and by providing the least or Poorest with a new Beneficiated; so that all were Contented and all paid.Annatae. He invented also the Annatae or first Fruits, a burthen upon Be­nefices never heard of before him, and which for sometimes Created ve­ry great Scandals. When Emperors or Kings Conferr'd any Benefices, if those who aspired to them made any Donative, or else Contracted with the Prince or with his Ministers, to give any share of the Fruits and Incomes of the Benefices for to Obtain them, this was then most sharply rebuked by the Popes, who called it an unlawful thing, alledging the Gospel; Gratis accepistis, gratis date, and calling the Receit of gifts, or of a part of the Fruits, a sale of Spiritual things, and a Con­tract by Symonie, some proceeding to call it Heresie, though some were not wanting in those times to give their Opinion, and say, that the Mi­nistery of Christ, and the Authority of loosing and binding was a diffe­rent thing from the Possession of Temporal things annexed to a Benefice, and that by reason of this Temporality, it was not disagreeing, that the Prince should receive some share for the necessities of the Common Wealth,N. 174. and of this a Solemn Dispute was also made.

But this Answer satisfied not Pious and learned men; for although the Revenue of Benefices be a Temporal thing, yet the Right and Title by which they are Possessed, is a Spiritual thing: It appeared to all men, and still it doth appear, that with good Reasons these Methods of the Popes were reproved, and called Simony. This Defect was made use of for the first Pretext for taking away the Collation of Be­nefices from Princes. But the Pope of Rome, having by the Progres­ses above written, gained great part of the Power whereof the Empe­rors were spoyled; John the 22d, Anno. 1316. Ordained that for three years, every man who Obtained a Benefice of a greater Income than 24 Ducats, ought at the Expedition of his Bull pay a years Revenue; The three years being expired,N. 175. the same was continued as well by him, as by his Successors, although some Resistance was made in divers pla­ces, and in some others they were received to pay half a years Rent only, and in other places a certain sort of Benefices, was only obliged to pay, the others remaining excepted.

The bringing in of this, was accounted very Burdensome to pri­vate Families, the years Revenue being paid by the Beneficyed or In­cumbent out of the Houshold Stock, there being a Hazard that he may dye before he makes good that money to the Family, and Princes found it a great grievance to their Government, such a notable share of the Cash being drawn out of their Dominion, without receiving any Profit for it, and so much the more grievous, as this Work is accom­panyed [Page 61]with the Expence of Bulls, Dispensations, and Presents or Gifts beforehand, all which carry away the Money which is the sinew of Potency, and it never returns as it doth by way of other Com­merce.

When this Novelty was introduced by the Pope, N. 176. the ordinary Per­sons could not perceive what difference there was betwixt this Pay­ment, and that which was so much blamed in those dayes when Princes bestowed Benefices, but learned men in those primitive times Condemn­ed it universally, as savouring too much of Simony.

In Progress of time, some men studied wayes to justify it, so that they were divided, one sort rebuking it as a thing unlawful, Simonia­cal, and forbidden by Divine and by Humane Laws, others Commend­ing it as a thing Lawful, yea necessary and due to the Pope of Rome, these proceeding so far as to defend that the Pope may not only demand a years Fruits, but more also, as he that is absolute Patron, yea of all the Fruits, not of one part only, who they also say cannot commit Si­mony for any Contract he shall make in the Collation of Benefices; And certainly if he were Patron as they say, the Consequence would be clear, because every man may Contract for his own, in what manner seems best to him, without doing wrong to any one;N. 177. but neither God nor the World seem to consent to it. This Pope was so intent in drawing mo­ny from every thing, that it twenty years Popedom, he heaped up an incredible Treasure: Certain it is, that in his Expences, and Gifts, he was no more straightned than his Predecessors, and yet he left 25 Milli­ons at his Death. John Villano relates that to one of his Brethren of the Colledge of Cardinals after the Popes Death, Charge was given to make an Inventory of the Mony, which he found to be 18 Millions in Coyned Mony, and seven Millions in Vessels and in Ingots weighed by him.

The First year Fruits in his Institution from Pope John the 22d, L'Annata. Ex­tended but unto Benefices which were Conferr'd, and which were paid for in the Expedition of Bulls, a thing which Continued unto that time; but afterwards there was also laid an Obligation upon all Benefi­ces, to pay the first year Fruits or Revenue every 15 years, because that being united unto Monasteries, Hospitals, or to Pious places, N. 178. they never become Vacant, which Imposition was therefore called Quinden­nium, Quindennium. which Paul the 2d about the year 1470, Constituted only con­cerning Benefices united after the year 1417, by the Pope of Rome, but Paul the 4th extended or enlarged it likewise to all the Benefices united before, and Sixtus the 5th Comprehended not only those united by the Apostolical See, but also those which had been united by Legates, Nun­cio's, Bishops, and by others.

But returning to the first Original of these year Incoms or Fruits, those who opposed against the Invention of John the 22d, with zeal of hindring that the year-Fruits might pass no further, they have not on­ly brought about his Design, but have been the Cause of defending and extending it also; even as some who then opposed the Reservation, brought forth a contrary Effect, the Popes never failing to get any A­buse whatever to be Justifyed by Doctrines; Wherefore after this Be­nedictus the 12th, Anno 1335, under pretence of being willing to pro­vide or furnish Livings with fitting Persons, he reserved to his own Disposal and Providing for his Life time only, all the Benefices Vacant in Curia, as had been done formerly,N. 179. and also all those which became [Page 62]Vacant by Privation of those who were Beneficiated, or else by Trans­lation unto another Benefice, and also all those which were renounced in the Court, and all the Benefices of Cardinals, of the Court Officers, of Legates, Nuncio's, and of other Rectors, and Treasurers of the Roman Church-Lands, likewise the Benefices of those who went to Court up­on Business, if in going or coming they happened to die within 40 miles Distance of the Court, and likewise all those which became Vacant because the Possessors of them had received another Benefice. These Reservations Comprehended a multitude of Benefices, restraining much the Power of the Ordinaries, and they caused many Benefices to be setled upon Forrainers, this was received however because the Reserva­tion was only for during his Life. Yet 'tis never to be believed that a thing useful to him that Governs, instituted for some short space of time,N. 180. should remain Circumscribed thereby; For Benedictus the 12th being dead, Clement the 6th his Successor made the same Reserve; where­fore the King of England, Edward the 3d perceiving that for this Cause and by reason of Reversions, all the Benefices of the Kingdom fell unto Forrainers. He Commanded upon pain of Death that the Popes Beneficyal Provisions should not be received within his Kingdom. The Pope wrote to the King, shewing sorrow for it, desiring he would for­bear. The King answered beseeching the Pope to Reform the things which were a shame to the Church, and a scandal to the People: ad­ding further that his Predecessors had Enriched the Churches, which by the Provisions and Impositions of Rome are Possessed by Strangers and unworthy men, contrary to the mind and intention of the Testa­tors, whereby the Kingdom also became weakened, That the Pope ought to feed and not shear the Sheep, that heretofore the Kings gave the Benefices, that they have granted the Election unto the Clergy, up­on the Popes Petition, and now the Popes will take away the Election introduced by them,N. 181. and usurp it to themselves. Wherefore 'twill be convenient to return to the first Institution, that Benefices are to be conferr'd by Princes.

This Contention which lasted while the Pope was living, was occasi­on that Innocent the 6th Successor to Clement revoked all his Reservati­ons, by a Constitution of his, which begins: PASTORALIS. The same at present is not to be found, but many famous Canonists make mention of it, the like hath happened to many others, whereby the A­buses, and the Usurpations would be made manifest, as in like manner all things were taken out of the Glosses, which favour'd not the Court, but the expurgatory Index's made with the Doctors shew worse, be­sides the fitting them for his Interests or purposes before they were ex­posed to the Press.

But few years after they were restored again, wherefore Edward An. 1373, sent an Ambassador to Gregory the 11th, at Avignon, making Instance that the Reservations should be quite annull'd. The Business was taken in hand,N. 182. which lasted two years, at last in the year 1375, the Pope Annull'd them totally.

But he being dead, the beginning of the great Schism happened in the year 1378, by which there being two Popes, there were also two Ro­man Courts, and the Expences or Charges were Duplicated, and those also were much greater than Ordinary, through the necessities of spend­ing which the Popes had for the Persecuting of one another, and for the defending themselves against one another, whereby each of them [Page 63]set on foot all the wayes imaginable for the raising of Money, and Si­mony was most manifest in each of the Courts, Benefices being freely sold, and they took all they could out of the Hands of the Ordi­naries.

The Roman Court had not openly discovered it self until this time, for they aimed at nothing else but at Money, of all their undertakings the Cause was rendred with some appearance or shew of providing bet­ter for the Churches than the Ordinaries did, or else of providing some deserving Person with a Benefice. But Ʋrban the 6th declared himself why 'twas introduced into Benefices with Ordaining,N. 183. that the Impetra­tion should be Invalid, if mention were not made of the value of the Benefice. Heretofore the Benefice was chiefly given for Spiritual things, the Temporals became Accessories, then of the Spirituals there was no mention made, the Charge or Office was not Considered; but the E­molument.

The same Institution lasted also unto our dayes, and Authority being given to Nuncio's, to Confer some of the lesser Benefices, by the value of the Incomes it is determined which are the great, and which are the little ones: And in the Reservation of Monasteries there is no care of the Spiritual, those are Reserved which exceed the value of 200 Crowns, and the inferior ones left free. This serves to the end, the Chamber may receive the Annata or Fruits more exactly, for if two men impetrate one Benefice, and one of them expresses the value to be greater than the other, the Bulls or Papal Breives of him that exprest the less, will be in vain, and those of the greater will be attained.

Some say this is an exposing it to a sale or out-cry, and giving to whom bids most, others say it is to the end the Chamber may not be defrauded of its Right,N. 184. but this Consideration belongs to the Chapter of First-Fruits.

Coming back to the time of the Schism, no man denyes but the Dis­orders in the Roman Courts were great, which encreased also the more, because some Kingdoms and Provinces, Scandalized at such various and different Methods, they reduced themselves to acknowledge neither of the two Popes, whereupon it behooved them to raise and receive from those which remained, as much as from all.

Germany refused to remain Subject to the Reservations and Expectan­cies or Reversions, and the Ordinaries Conferr'd Benefices without any Regard to the Ordinances of Rome. On the Contrary Innocent the 7th for this Cause in the year 1359, sent a Legate into Germany, to give new Bulls or Papal Letters to those who were gotten in by the Epis­copal Collation, paying them for them, and to cause them to make Composition for the Fruits received, leaving some part unto the Chamber,N. 185. but by this means much Money being like to go out of Germany, the Emperor Charles the 4th opposed it, and Prohibi­ted the Extraction, saying, 'twas requisite to Reform the Customs of the Clergy, not the Purses. All these Confusions encreased more and more when there came on the third Pope in the year 1409, to whom although the French did adhere, and yielded Obedience, nevertheless they stuck close to one of the Kings Edicts made 3 years before, by which they Prohibited the Reservations, the first-Fruits, and other exactions of the Court, until that by a Lawful general Councel might be provid­ed for.

The King was not very Capable of the Government, but Lewis Duke of Orleans who Governed him, was Author of all the Edicts, wherefore he being Kill'd 'twas easie for Pope John the 23d to regain Authority for Conferring Benefices in France, giving to the King, to the Queen, to the Dolphin, and to the House of Burgundy, the nomination of most of their Servants, and then prevailing with the Remainder, preserv'd it until the Death of that King, wherefore Charles the 7th his Son who Succeeded him,N. 186. renew'd the Edicts.

In Italy also there were made several Provisions by divers States in different manners, all which tended to take away the Abuses. Baldus testifies that as much as the Bologneses made Beneficyal Provisions, and Particularly Ordained that they should not be Conferr'd, saving only upon the Natives of that City, and of the Country belonging to it, neither were the Popes much esteemed by them, for John the 23d be­ing in Florence with his Court, a certain disorder arose about the Colla­tion of a Benefice, for which that Common-wealth deprived him of the Power of Conferring Benefices in their State for five years.

In these times were invented inextricable Clauses to be put into Bulls, as making a difference between Petitions Signed by Concessum, and those which are Signed by Fiat, between the dispatches with the Clause Motu Proprio with others,New tricks and devices sound out. and the Clause Anteferri, which makes the better Conditions, from which Invention several Bulls were Obtained upon the said Benefice, N. 187. and besides the more Fruits paid, there arose Law-suits also, which were to be handled at Rome, with the Benefit of the Court. There was added, the Constituting of another Antagonist at Law, if he dyed, that the end of him might not be the end of the Law-suit, but by his Death there was taken or received another years Revenue, and the Continuation of the Law-suit, which Multiplying also, the Clauses were invented, Si alteri: Si neutri: Si nulli: Whereby the Be­nefice was given to a third man also, but only during the Law-suit or Contest of the two first, which Constrained Princes, for the Remov­ing of Confusions, Disorders, and Contentions amongst their Subjects, to bring back to the Secular Bar, or Court, the Cognizance of the Pos­sessorio of the Benefices, a thing, which although Legitimate, had been by the Connivance of Princes taken away from the Secular Magistrates, and Assumed by the Ecclesiastical Court.

From the Provisions which were made by some Princes to stop the new Introductions into matters Beneficial within their Dominions,N. 188. the Court took occasion to invent others, as well to work the same Effects under other Pretexts, as to Multiply methods whereby they might do, and therewith supply what they could not do, where Provision was made.

In these times Resignations were found out, not good and Commen­dable ones,Resignations. for they are very Antient, but certain others, which the World at present Commends not.

It was never Lawful for him, who was put into an Ecclesiastical Charge, to leave it of his own Authority, and it was very agreeable that he who had dedicated himself to a Ministery, and had received the Re­ward for it, which was the Benefice, should persevere Administring, ne­vertheless for some Lawful Causes it might happen to be necessary, or at least for the Publick, or for the Private good, that some one might devest himself of it, 'twas introduced for a Custom that it might be, and with the Authority of the Superior for some Lawful Cause, he may [Page 65]renounce; and the Causes wherein 'twas practized were, if through In­firmity of mind or of Body, or became incapable by old Age,N. 189. or if by enmity of Potent Persons on the place, he could not make his Resi­dency without Danger. When the Renunciation was received by the Bishop, the Benefice was esteemed as Vacant, and he to whom the Col­lation belonge'd Conferr'd it in the same manner, as if it had been Va­cant by Death. The Renunciat was introduced in these times, not for any urgent Cause, but only to bring to pass that the Benefice might be Conferr'd upon one nominated by the Renunciator, and as unto a new thing, it behooved also to give it a new Name, calling it Resignatio ad favorem, because it was only made to favour the Resignation, that he might have the Benefice, 'tis indeed at the Superiors Liberty, to receive the Renunciation or not, but he cannot receive it, but by giving the Benefice to the Person Nominated.

Although this was a way for introducing Hereditary Succession unto Benefices, and therefore Dammageable unto the Ecclesiastical Order,N. 190. it proved more profitable to the Court, by how much the more frequent­ly the Benefice was Conferr'd, and by it the first-Fruits Receiv'd. Co­vetousness and other Worldly Affections taught many to crave for, and to receive Benefices, not with a mind to continue in them, but with thoughts of enjoying them until they could obtain better, or else un­til some design of Marriage, or other kind of Life were brought about, or else until some Youth might come of Age, at which he might after­wards renounce, a thing which by Pious men was never excused, and 'tis held for a Common Opinion, that whosoever receives a Benefice with a design of Renouncing it, cannot with a good Conscience receive the Fruits, which some of a larger Conscience, they do not mean so gene­rally of all, but of those only who do it with an intent to forsake the Clerical Order.

As for Renouncings ad Favorem, which became Emoluments to the Receiver, the Court that the Fruit might be all its own, Prohibited the Bishops from receiving such Renouncings, and reserved that the Pope of Rome only was able to do it.N. 191.

And because many Beneficed men when they felt themselves near un­to Death, made themselves a Successor by such a way, 'twas Ordained by a Rule of Chancery, that the Renouncing made in favour of ano­ther, by a sick Beneficed man should not be of value, unless the Renoun­cer Survived twenty dayes after Consent granted.

In these times the Fountain of the Oblations of the Faithful, seem­ed to be drained or lessened already while the War of the Holy Land lasted, and afterwards for some years, whilst there was hopes that it might be renew'd, through which means much Gold came unto the Ec­clesiastical Order, but all hopes being lost, the Oblations were stopt: Nevertheless Example was taken by this work, and the giving Indul­gences, Remissions, and Concessions introduced for those who would lay hold on, and Contribute thereunto by some good and Pious work, for daily there were new works Instituted for each City,N. 192. for which Indul­gence was granted from Rome; this brought forth much Fruit to the Clerical Order, and to the Court which did partake of it, and this went so far that in the year 1517, there sprang up in Germany the Novelty which every one knows.Helping hand Pope Pius the 5th Provided for our Age by a Constitution, whereby he Annull'd all the Indulgences granted by the Clause of Helping-hands, that is, with Obligation to offer Money, [Page 66]a thing which hath not yet stopt the Course of this Harvest.

For although Indulgences are now given without that Condition, nevertheless in Churches are set forth Chests, and Trunks, and the People believe no Pardon to be Obtained, unless they Of­fer.

But returning to these years of the Schism, for what Concerns the gaining or acquiring of new Incomes, and setled Estates for the Church­es, the hope seem'd to be quite lost. The Monks already had no more Credit of Holyness, the Fervency of the Sacred Militia not only Luke­warm, but Extinct. The Fryars Mendicants, (for all were instituted af­ter the year 1200) had therefore Credit,N. 193. because they had totally de­vested themselves of the Power of Purchasing Estates, and made a vow to live upon Oblations only, and Alms; whereby it appeared that the Augmentation of setled Estates would Cease, but a good way was found out, which was the granting to the Mendicant Fryars by a Priviledge from the Apostolick See, to be able to purchase Estates, which by Vow and by Institution was Forbidden them, many of their devout Persons were most ready to Enrich them, there wanted nothing but the man­ner how, this found out, immediately the Convents of Mendicants in Italy, Spain, and other Kingdoms were become very Commodious in Estates within a short time. France only Opposed this Novelty, say­ing, that as they were come into the Kingdom with those Institutions of Poverty, it behooved they should persevere in the same, neither would they suffer them hitherto to purchase, whereas in some other places their Acquisitions have been very Notable, chiefly in the times of the Schism,N. 194. when all the Remainder of the Clerical Order were in small Credit.

The Schism of the Councel of Constance was raised, one of the Popes having renounced, and the other two being deprived, and Martin the 5th was Elected in Councel, Anno. 1417, all were in hopes, that by the Councel, and by the Pope all these disorders in Beneficial matters would be Regulated, and indeed the Councel proposed to the Pope the Arti­cles for Reforming the Reservations, the first-Fruits, the Favours, the Expectancies, or Reversions, the Commendings and the Collationings, but the new Pope and the Court desiring to return home, and all the Fa­thers of the Councel being weary of the long Absence from their Hou­ses, the treating of a matter so difficult which required so much time, was easily put off till the next Councel, which was intimated to be Ce­lebrated in Pavia five years after, which moved the French to be un­willing to expect a new Councel, wherefore 'twas ordered by a Decree of the Parliament, that no Obedience should be yielded to the Pope, un­less the Kings Edict were first Intimated and accepted by him, which E­dict took away the Reservations, N. 195. and the Exactions of Money, therefore Martin having sent a Nuncio to give the King an Account of his Ele­ction, the King answered, he would have accepted it upon Condition that Elective Benefices were Conferr'd by Election, and the Reservations and the Reversions were taken away.

The Pope was Content for that time, but in the year 1422, having gained the favour of some of the University, he endeavoured to cause the Reservations to be received, however he could not obtain his intent, and they proceeded against his Promoters by Imprisonment. The Pope laid the Interdiction at Lions, and the Parliament Ordered it should not be served, and the Contention lasted until the year 1424, when the [Page 67]King Compounded with the Pope, that his Holyness should have the Collations until that time for Lawful, and for the future all Commands should be received; But the Atturney and the Advocate General with many of the Lords Opposed the Execution of it, and having Repre­sented to the King the dammage of the Kingdom, they made this Agree­ment with the King, to vanish into Smoak.

In this Interval the Councel of Ravia was held, which after begun,N. 196. was transferr'd to Siena, and dispatch'd with great Celerity, nothing of moment being Treated therein, but only hope given that in the Coun­cel to be Celebrated seven years after at Basel, all should be Reformed. At the end of which seven years Martin dyed, and Eugenius the 4th Succeeded in the Popedom, under whom in the Councel of Basel Anno. 1431, the so much necessary and desired Provision was made against disorders in matters of Benefices; the Reservations were Prohibited ex­cept the Vacanti in Curia, the Reversions, the first-Fruits, and all other Exactions of the Court were also Prohibited.

The Pope seeing his Power restrained, and his Wealth not able to Support, he Opposed the Councel, he endeavour'd to transfer it else­where, to a place where he might manage the Prelates, which being re­pugnant to them, he could not Succeed, and many Contentions past between the Pope and the Councel, wherein Pious men Interposing them­selves by daily Labour, found out a Medium, N. 197. but at last being fully resolved to provide against Extorsions of Money, and the Pope to pre­serve his Authority, and Conveniency, they came to an irreconcilable Breach. The Pope Annull'd the Councel, the Councel deprived the Pope, and chose another, whereupon a Schism grew in the Church. That Councel was accepted in France and in Germany, and in the year 1438,1438. there was Published in France that Famous Pragmatica, whereby the Elections were restored to the Chapters, and the Collations to the Ordi­naries, and Reservations were forbidden as in the Councel of Basel. That Councel was not received in Italy, where all adhered to the Pope, so that Reservations took footing, and every Pope renew'd them without difficulty, and Introduced new Grievances besides in the Collation of Benefices, none of them ever moderating himself, unless when a Me­thod was found to work the same Effect by an easier way: Julius the 2d. and Leo the 10th introduced Mental Reservations, which they so called, and by another name, Reservations in the Breast, which were not made publick like the rest, neither were they known,N. 198. unless when a Benefice became Vacant, if the Ordinary Conferr'd it, or if any one went to crave it, the Datary answered, that the Pope had reserved it in his mind, a method or fashion which lasted some years, but then 'twas left off, because it became incommodious to the Court of Rome also. All other methods were carryed on to excess, for as touching Resigna­tions in Favorem introduced heretofore, and practized, there was added the Resigning the Title only of the Benefice, reserving to himself all the Fruits thereof, which in existence was nothing else, but remaining Patron of the Benefice just as before it was renounced, he Constituting to himself a Successor, who was in Name Titular, before the Death of the Renouncer, but in Fact he had no Right, and that the new Titular Person (who having a mind to gather the Fruits for the behoof of the Renouncer) might not make himself Master of any thing, there was added also, that not only all the Fruits were Reserved to the Re­nouncer,N. 199. but also that he might exact them by his own Authority.

There was nothing which might make the Resignator different from the entire Patron, but that if in Case the Titular dyed before him, all the Fruits of the Benefice remained to him, but he could no more cre­ate himself a Successor, and the Title might be given by the Collator to whom he pleased that should Succeed after the Renouncers Death.

The Court wanted not for an Excellent Remedy for this likewise, which was the Regress. Regress.

In the Primitive times of the Church there was a Holy and a Com­mendable Custom, that when a man was appointed to a Church, he ne­ver left his Charge in all his Life, for to have a Benefice of greater In­come or of greater Honour; it seemed enough for every one to per­form the best of his Office; sometimes for necessity, when there was not a fit Person for a great Charge, the Superior took one who was Occupyed in a Less,N. 200. and by Obedience transferr'd him to the Greater, a thing which afterwards was sought after by some, either for greater Commodiousness or for Profit, whereby the Translation which was un­usual, became most Customary, and the Sollicitation of every one was such, to raise his Degree, that oftentimes having left that in Possession, and impetrated for another, his Impetration proving vitious, he has been deprived of both, which being inconvenient, Custom obtained, that if the Impetration of the second place could not take Effect, the Person Beneficyed might return to the first without more ado, and this was called the Regress. Regress.

In like manner to this there was invented the granting a Faculty to the Resignant, that when-ever the Resignatory should dye or Renounce the Title, he might without more ado return to the Resigned Benefice, and by his own Authority take Possession anew, and make it his own as if he had never renounced it; and if he should not have taken to himself the first Possession of the Renouncement (in which case the Regress cannot take place) he may by Access,N. 201. and by Ingress take Pos­session likewise by his own Authority, without any other Ministry of the Judge, and this is called a Regress. Therefore the receiving and the admitting the Renouncements upon these Conditions, and therewith to give Title to the Resignatory, hath never been permitted by the Pope of Rome to others, but hath reserved it to himself only. This Method was Condemned by all the Writers, chiefly by the Ʋniversity of France, and Prohibited by the Parliament, neither could it be cover­ed with any fair Pretext of Antiquity, wherefore there were some who made a Conscience and were ashamed to use it, for whose satisfaction there was found out another of an Antient Original, but according to Custom fitted for the present Occasions.Coadjutors.

This was the Coadjutory, a most Antient and a most Commendable Custom there was in the Churches, that when any Minister, or Pre­late, or other became unable or less fit to perform his Charge through old Age, or by Infirmity of Mind or of Body, or for other Cause he took to himself,N. 202. or the Superior gave him an Assistant, who together with him might bear the Burden, but he had nothing to do with the Office or Benefice, but whilst he lived, whose Coadjutor he was, who being Dead, a new Titular one was made.

This Provision was alwayes Commended, and never was any Oppo­sition made against it.

Afterwards 'twas Considered, that if it were Ordered, that the Coad­jutor might Succeed, a greater Benefit would arise; First he would be more diligent in managing a thing which was to be his own, o­thers would love him, and would repute him more as their own, than another; upon which the Coadjutor was made with a Succession to come, a thing which had Defenders and Opposers. 'Twas Opposed by saying, that every Succession in Ecclesiastical Benefices is Condemna­ble, it offers Occasion of procuring or desiring another mans Death.

'Twas defended with the Famous Example of St. Augustin, who by Valerius his Predecessor was made Coadjutor with future Succession,N. 203. which Example serves not very well, because St. Augustin himself blames it afterwards, and would not follow it, and was not ashamed to say that it was done by him and by his Predecessor out of Ignorance. But in the times we speak of, they not only gave Coadjutors with future Succession, unto Prelates, and to others which have Administration, but also in single Benefices, where is no need of being Assisted, so that the Coad­jutor retains only the Name, there being nothing Real, but the fu­ture Succession, which is a thing so abhorred by the Canons.

'Twas practized or used in these times, that whatsoever Beneficyary who would make himself a Successor indifferently according to his dif­ferent pleasure, or make a Coadjutor with a future Succession, or resign in his favour reserving to himself the Fruits, and with Regress, but yet this was Reserved to the Pope only, and in no wise granted to other Collators.

The Councel of Basile was received in Germany by some, and by others not, and therefore Beneficyal Causes were differently understood.N. 204. To provide against the Diversities and Dissentions 'twas agreed in the year 1448 between Nicolas the 5th, and Frederick the Emperor in this manner, that Benefices Vacant in Curia should be reserved to the Pope, and for the Remainder of the Elective Benefices, they should proceed by Election; As for others, those Vacant in six Months should be the Popes, in the other six they should be distributed by the Ordinary Colla­tors, adding also that if the Pope had not in the term of three Months Conferr'd those which belonged to him, the Collation should devolve to the Ordinaries. The Agreement was received throughout all Germany, and until the year 1518, some Diocesses observed the Councel of Basile, which annull'd all Reservations. But in Progress of time, those also who received the Agreement at the beginning, forbore to observe it after­wards, and excused themselves, saying, that the Agreement was not ge­nerally received, and hath lost its force through disuse, so that (we treat not of those Cities where the Bishops and Chapters are departed from the Roman Church) but also in the Churches which remain un­der Obedience, little or nothing was observed.

Clement the 7th, in the year 1534 made a severe Bull, N. 205. but it took but little Effect. In the year 1576 Gregory the 8th made another with­out better Success. In the Diet at Ratisbone Anno. 1594,1576. Cardinal Mu­drutius a Legate of Pope Clement the 8th, made a great Querimony a­bout this in the name of the Pope, no Fruit appeared. At present there remains the same variety and Confusion; The Romon Court hath but two Remedies only, one by the means of the Confessions of Jesuits, which work by terms of Conscience, that Beneficyaries provided by Ordinaries, are Content to take the Bulls from Rome, and some do it; [Page 70]the other Remedy used by the Court but in Benefices of Importance and with Persons partly depending on them, is, that an Election or a Colla­tion being made contrary to the Agreement, the Court annull's it, but af­terwards Confer's it on the same Person,N. 206. a Remedy much used hereto­fore upon other occasions also, not because it helps at that very time, but because keeping those Writings, they make use of them in Suc­ceeding times, to shew that they had Obedience; as so many other De­cretals which took no Effect, are nevertheless in the Decretal Books for the same design.

In France the Pragmatica was rigidly contested by Pius the 2d, which the French Clergy and the Ʋniversity of Paris opposed Constant­ly, wherefore the Pope turned himself unto Lewis the 11th, shewing him how it was unseemly to him, that in his Kingdom they should ob­serve the Decrees of the Councel of Basel, against which he being the Royal first born, departed from the Father out of distast, went with Arms, received Moneys from Pope Eugenius the 4th to disturb the Coun­cel; for which Reasons King Lewis Anno. 1461,Pragmatick Sanction re­voked. Revoked the Prag­matica and made it to cease, but there following a Reclamation of the Ʋniversity, and Remonstrances from the Parliament, which are yet to be found,N. 207. wherein they represented to the King, the grievances of the Kingdom, and of the Ecclesiastical Order, with an Account made up distinctly,And restored. that in three years, four Millions were gone to Rome for Beneficyal Causes. Three years after the Pragmatica was restored by the same King. Sixtus the 4th then opposed him, and made an Agree­ment to destroy it, which is still to be found, but they would not re­ceive it, and the Pragmatica remained. Innocent the 8th, Alexander the 6th and Julius the 2d used all means to Abolish it, but could never Obtain it; Finally Leo the 10th made an Agreement with King Fran­cis the First,And taken a­way again. by which the Pragmatica was taken away, and 'twas Or­dered that the Power of Choosing Bishops and Abbots should be quite taken away from the Chapters of Cathedral Churches, and from the Con­ventuals, but Bishopricks and Abbeys becoming Vacant, the King might name a fit Person, on whom the Pope was to Confer the Benefice.

That the Pope of Rome could not give Reversions, nor make gene­ral or special Reservations, but that Benefices becoming Vacant in four Months of the year, should be Conferr'd by the Ordinaries on the Gra­duates of the Ʋniversities, N. 208. and the Vacants in the other eight Months, might be freely Conferr'd by the said Ordinaries, only that every Pope in his life time may Charge any Collator of Benefices to Confer one ac­cording to the disposal of his Holyness, in case there are to be Conferr'd between Ten, and Fifty, and if there be above Fifty or more he may Confer two; and although there were many Difficulties in Accept­ing the Agreement, and the University appealed to the next Lawful Councel, nevertheless the Authority and the Ʋtility of King Francis overcame, and the Agreement was Proclaimed in France, and put in Execution. In such manner that after so many Popes from the year 1076 unto 1150, strove by the Excommunicating an infinite number of Per­sons, and by the Death of Innumerable more to take from Princes the Conferring of Bishopricks, and giving the Election to the Chapters; contrary-wise Pius the 2d with five of his Successors have striven to take the Election from the Chapters of France, and give it to the King, and Leo the 10th did obtain it at last;N. 209. Thus the Alteration of Interests bear along with it the Change and Contrariety of Doctrine.

Some Speculative men have accounted the Reason of this to be, be­cause the Example that the Bishop and the Clergy might Confer, may keep alive the Practice, and the most general Doctrine of the Church, Contrary to the Modern; others because it is still more easie to take it out of the hands of a King, who may be of a weak Spirit, or may stand in need of the Pope, than from the Bishops and Clergy.

King Francis made many Laws besides to regulate the Possessory of Benefices, and the Agreement was observed by him, but the Execu­tion was interrupted for some years by his Son Henry the 2d, when he was in War with Pope Julius the 3d, because of Parma; wherefore in the year 1550, the King Prohibited that any Provision of the Popes Benefices should be received, and Commanded that all should be conferr'd by the Ordinaries; but Peace being made, all was Composed, and the Observance of the Agreement returned.

But in the year 1560, the States were held at Orleans in Charles the 9th's Minority, where the Collations of Benefices were regulated,N. 210. and many things abolished which were Contained in the Agreement. Great Confusions and Wars happened in the Kingdom, and the Cardinal of Ferrara was sent Legate into France, who Obtained that the Ordinan­ces of Orleans should be superseded, with a Promise that the Pope with­in a short time should provide against the Abuses, for which the Ordi­nances were made, of which nothing was done afterwards, so that now the Concordate remains; Thus went the Affairs in Germany and in France.

But the State of Italy which we have lately described, was greatly altered by the Celebration of the Councel of Trent, which made seve­ral Decrees on this Matter, to provide against the Abuses abovesaid then reigning, and although from its beginning, which was in the year 1547, it began to attend these Corrections, and made many Decrees which were not put in Execution until after the end of it, which was Anno. 1563, wherefore it may be said, that all the Provisions are to be referr'd unto this time.N. 211. 'Twas the Intent of this Councel to remedy three things; First the Plurality of Benefices; Secondly,1 Pluralities 2 Hereditary Succession. 3 Absence. Hereditary Succession; Thirdly, the Absence of Beneficiated men, and to Prohibit all kind of Plurality, 'twas Ordained that one, although he were a Car­dinal, could not have more than one Benefice, but if that were so small that it might not serve or be sufficient for the Expences of the Benefi­cyed, he might have one more, which was therefore to be without Cure of Souls: It Prohibited the Commendum's of Benefices, Curati ad Vitam, which was a Pretence to make a man Obtain two; it Ordained also that Monasteries for the future should not be Commended, and those that were so till then, when they became Vacant should be reduced in­to a Title; It Prohibited also the Ʋnions ad Vitam which was another pretext of giving divers Benefices under the name of one; It Prohibi­ted totally the Regresses, and the Accesses to take away Succession; It Prohibited also the Coadjutorships with future Succession, absolutely, ex­cepting in Cathedrals, and Monasteries, wherein was Admonished,N. 212. that they should not be granted by the Pope but for just Causes, but the Prohibition is without Effect.

In the 14 last moneths Residency was treated with some Contention;Residency. because there was sprung up a Question among the Doctors a little before, whether the Residency of Bishops and of other Curates in their Churches were de Jure Divino, or Canonick, for which cause the Councel was [Page 72]divided in such a manner, that in April Anno 1562. a Scrutiny being made of the number of both Parties, there 67 found whose Opinion 'twas de Jure Divino, 33, who opinion'd it to be de Jure Positivo, and 30, who were of Opinion that this Point ought not to be decided without first treating with the Pope. Of the first number were the Northern men and other cast-off Bishops, on the Second and the third the Dependents on the Court. If Residency should have been made de Jure Divino, it would follow that the Pope could not have been able to dispence it, but that the Authority of the Bishop also would have been de Jure Di­vino, and no man was able to restrain it,N. 213. these were things which Squinted at the Depression of the Courts Greatness, wherefore the O­pinion was Maintained by both Parties with much boldness; The Busi­ness came to Practices, so that after fourteen months Residency was Commanded, yet not declared quo Jure the Curate should be Obliged, only Penalties were enjoyned upon non-Residents, as to other things, they were left in their first Estate or Condition, but those who were at the Councel, and have left any works especially of Divinity, have Maintained Residency to be de Jure Divino, proceeding so far, that to affirm the Contrary, they esteemed it a deluding of the Holy Scripture, and natural Reason it self, and all Antiquity, but not to provoke the Court against its self, they have found out Exceptions by which the Pope may make us Dispensations.

The Councel spake not of Reservations chiefly,Reservations. (which were encreased above measure) because they Concerned the Popes own Person,N. 214. where­fore they still remained; yea they were Encreased afterwards. It seem­ed that in taking away the Ʋnions, and the Commendums ad Vitam, the Regresses and the Coadjutorships were in a great share proceeded if not to­tally, yet the greatest part; however a speedy Remedy was found out which not only did the same, but much more, yea greater than the four above named,Pension. and that was the Pension. 'Tis an observation of Godly men, that in those times the Court would never be induced that a gain­ful Abuse should be Abolished or Corrected, until it had prepared a greater and a more profitable one, but in this 'tis very certain to be so; and therefore 'tis to be observed, that it is not a thing of these our times only, the laying a Pension upon Benefices, only the manner is new, and the frequency is peculiar to our times.

When the Church Goods were in Common, the name was unheard of, after the Rule or Canon practiz'd by all was made, that Benefices should be Conferr'd intirely and without Diminution.N. 215.

After that the Clergy among themselves gave a beginning of going to Law with them, when the Cause was doubtful, one side yielding up his Rights, if a part of the Incomes was granted him with the name of a Pension: Likewise if two Beneficyaries for some good Respect with Authority of the Superior should interchange Benefices, if the Incomes were not equal, they patch'd up that with a Pension, which the Richest left.

Afterwards also when any one Resigned with Licence of the Pre­late,Pensions. a Pension was left him, on which he might live. There are Popes Decretals of these three sorts of Pensions, which were about the year 1200. And these sorts the French admit of also by Jurisdictions, re­fusing to admit of the others, which are those that are given only to afford a livelyhood to one, to another because he is well-deserving from the Apostolick See, to another because he is Learned, or because he is [Page 73]of a gentile Behaviour, or because he hath served the Church or the Prelate, also because he hath the Popes favour only;N. 216. Also to a Youth, because his Genius presages a good event or Success; All these are just Causes say the Canonists, why Pensions may be given, and they have no Regard to add, that without any Cause the Pope may give a Pen­sion upon any Benefice, to any Person he shall think fit, and he that re­ceives likewise without any Cause, but out of the Popes good Will on­ly, with a safe Conscience. Now therefore instead that two Cured Be­nefices were held, one in Title, the other in Commendum, were Ʋnited ad Vitam, and the Party Beneficyed was forced to allow a stipend to him that served in one of them, at present 'tis given to him in Title, and to himself for a Pension the same which he takes, and it turns to the same, yea to his greater Advantage, because he was Subject to give Account of the Errors which his Substitute had Committed, and there was some necessity for his taking care of it, but thus nothing lyes up­on him, and the Profit is the same.

In the like manner he that made a Coadjutor, N. 217. or renounced with a Regress, ought to take some Care of the Benefice of which he had a share, and the which might become all his own, but renouncing, with reserving a Pension to himself, he remains free from all Care and thoughts, and if the Resignatory dyes or yields up, it concerns him not, he hath his Pension free, and without Molestation.

Moreover 'tis more Profitable to have a Pension, than a Benefice; first many Benefices require Holy Orders, and the Age of being able to receive them, as for the Pension, the first shaving is sufficient, and sometimes the Age of seven years. Besides Pensions are given to Lay­men also, as Commonly to the Knights of St. Peter, Instituted by Leo the 10th, and to those of St. Paul Instituted by Paul the 3d, and to the Pious Knights, Instituted by Pius the 4th, and to those of Loreto, In­stituted by Sixtus the 5th, which may have, some 150, some 200 Crowns Pension, and to whomsoever the Pope pleaseth; Again of Benefices, in the times when he that held more than one, there was alwayes some fault found with him, or they had a saying to him, and a Dispensation was necessary, which caused some Expences, notwithstanding this, the Doctors put it in doubt, whether a man Secured himself in Conscience,N. 218. or no. Pensions may be had to any number without Scruple, and there is no Pension Incompatible. A Pension may be given with Authority, to transfer it to another according to ones own Will and Pleasure, a thing which cannot be in Benefices without passing through the Bounds, and through the Ceremonies of Renouncing, and Renouncings were invalid, unless the Resignatory survived twenty dayes, but the Pension might be transferr'd also at the Point of Death.

That which chiefly Imports is, that the Pension may be Extinguished, which in Italian signifies to make a Sum of Money of it, for every Contract made about a Benefice, is accounted as Simony.

To extinguish a Pension, signifies nothing else, but to receive a quan­tity of Money, to free the Beneficyary from paying the Pension, which quantity is Taxed by Agreement, according to the greater or to the lesser Age of the Pensionary.

Formerly before our Age,N. 219. there was no way to make ready Money of a Benefice, that would have been with an Infinite Offence before God, and before men; now 'tis done Lawfully. I have a Benefice of 200 Crowns. I renounce it unto Antony, reserving to my self a Pension of [Page 74]100 which I extinguish as soon as 700 are received, that is, I renounce it, and so have made of my Benefice 700 Crowns ready Money with­out sin. Some are so little Penetrating, that this circling about, seems to them to be the same, as if I should sell my Benefice for 700 Crowns, but they shew a gross Judgment. There are many other things where­in the Pension is much more Commodious, as is used at present in Ʋ ­nions, in Commendums, in Coadjutorships, and in Regresses.

Some Magnifying the Commodiousness of making Money, which the Pope hath for the necessities of the Apostolick See, do say that if he should open the Regresses, he might raise as much as he would, and they shew they understand not matter of Benefices, there would not be a Farthing gotten by this; The Pension is much more useful and Com­modious, wherefore 'twas easie to execute the Councel, because it be­came Convenient likewise;N. 220. but the raising Monasteries with Commen­dums which the Councel Commanded in like manner, hath not been put in Execution hitherto, but many which were in Title have been Commended anew, there being no way found out to do it Commo­diously.

The Pension cannot be Imposed by any, but by the Pope only, a thing of a great Emolument to the Court of Rome.

This Alteration hath Italy made for the Councel of Trent, which ha­ving not Treated of Reservations, and those being also encreased, and are every day encreasing, there remaing of the Benefices in Italy at the Popes Disposal, with good hopes that the Sixth which remains may be to Compleat the Whole.

By the Rules of Chancery all the Benefices are Reserved to the Pope, which John the 22d and Benedict the 12th reserved to themselves, and afterwards all those Obtained by any Person being an Officer of the Court,N. 221. although it were after he was gone out of Office. All the Patriarchies, Arch-Bishopricks, Bishopricks and Monasteries of men are also reserved, which exceed the value of 200 Gold Florins, and also all Benefices belonging to the Collation of whomsoever, and becoming Vacant by the Cession, by Privation, or by the Death of the Collator, until that the Successor shall have taken quiet Possession: Also the Chiefest Dignities after the Pontifical in Cathedral Churches, and the Principal Dignities in Collegiate Churches, Priories, Prepositures, and other Conventual Dignities, the Preceptories of all the Orders, excepting Mi­litary, the Benefices of all the Popes Familiar Acquaintance, and of eve­ry Cardinals, although they be no more in their Service, or because they be gone away, or because the Cardinal is Dead, also all the Be­nefices of the Collectors and Sub-Collectors, all the Benefices of the Roman Courtiers, which dye in a Journey when the Court Travels, all the Be­nefices of Chamberlaing and Cursori, N. 222. besides all these Benefices which Com­prehend all the Chiefest, and a great part of the rest, the Pope Reserves to himself all Benefices of any kind whatever, which become Vacant in eight Months of the year, leaving only four Months unto others, and this as touching other Benefices not above named.

Besides these, there are reserved also by a Constitution of Pope Pius the 5th, all the Benefices becoming Vacant for Cause of Heresie, or for Confidence, and all those which shall not be Conferr'd according to the Decree of the Councel of Trent; He that shall put together all these Reservations, will find that at the least 6/5 ths are the Popes, and ⅙th belongs to all the other Collators together.

To give Commendations to whom they are due, the Diligence used by the Popes of Rome is not to be omitted, not to suffer that the Bi­shops and other Collators of Benefices should give place to any Abuse, they never permitted them the Power to unite Benefices ad Vitam, nei­ther the Commendings ad Vitam, N. 223. they have not permitted that they could dispense upon a Plurality of Incompatibles, nor to grant Regres­ses or Coadjutorships with a future Succession, and using the same Dili­gence at present, they do not give leave that a Pension though but small, shall be laid upon the Benefice; In like manner they do not admit that they may receive the Resignations ad Favorem, but in receiving the ab­solute Resignations which have been used most Antiently in the Church, Pope Pius the 5th Anno. 1568, Prohibited under most grievous Penal­ties all Ordinaries which having received the Resignment of a Benefice, from Conferring it on any Kinsman, Relation, or familiar Acquain­tance, or friend of the Resignant, Obverting, that neither by Words nor by Signes or other Shews, they should have Demonstration of ano­ther Person to whom the Resignant had a desire the Collation of the Benefice should be made.

'Tis Constantly Affirmed by all Canonists and Casuists, that every Con­tract in matter of Benefice is Simoniacal, if it be made without the Popes Participation, but with his Intervention every thing is Legitimate, N. 224. hold­ing for Constant this general Proposition, which is, that the Pope in Beneficial matters cannot Commit Simony, which gives no very good E­dification to the World, yet the most Modest Canonists do limit it, di­stinguishing some kind of Simony to be forbidden by Divine Law, and another by the Law of man, adding that the Pope only is exempt from Committing Simony forbidden by Humane Law: But notwithstanding this, they stumble upon the same Difficulties, because that which is not evil by its own Nature, nor forbidden by God, deserves not this name, and it is superfluous to make a Humane Law not to observe it, and he that shall look into it, and not make himself a Pretext with Words, shall see, that all is forbidden by God, and certainly it cannot be said, that in this Part of holding the other Bishops in Office, the Pope should have failed, and it hath been a very great Grace of God shewn to the Popes, that they have been able to keep the Remainder of the Church sincere from Simony, N. 225. and yet they have not been able to extend this good to themselves, nor to their Court; And if one day, as there is hopes, that it may come into some good Popes mind to Reform the Court, it would be a most easie thing to do it, only by receiving those Laws for himself, which are given to other Bishops; and we might shortly expect such a Profitable Reformation, if Flattery kept it not off at a distance, by Proposing to the Popes, that they being in Possession at leastwise in Italy and in a few other places, were not Subject to any Rule, it being not good to Deprive themselves, and do that Prejudice to the Apostolick See, quite Contrary to the Doctrine Professed by the Anti­ent Holy Popes, and Doctors. But by the things abovesaid, it is very clear, whether the Popes of Rome may have full Authority over Ec­clesiastical Estates and Benefices, so as not to be subject to any Rule in the managing of them; wherefore proceeding by Reason,N. 226. if the Church of each place be Mistress of the Estates which she Possesseth, because the Dominion hath been transferr'd to her, by him who was the first Master of them, with the leave of the Prince, who by Law hath grant­ed to her Purchasing; it remains that the Estates ought to be under the [Page 76]Government, and Administration of those who are appointed for that Charge, First according to the Disposition of the Law, and then accor­ding to the Conditions which the Donor Prescribes, and the Testator formerly Patron of it, and finally, according as the Church hath grant­ed, who is made Mistress of it, yet not going contrary to the Disposi­tion of those, from whom it hath Cause. And this is so Evident and Clear, that it cannot be put in Doubt, unless by one who hath not Com­mon sense, or else, who in treating and speaking, follows not that which he is inwardly sensible of.

The Clerks or Clergy-men are become Administrators of these Goods by Laws which have granted unto Christian Colledges, the Power of acquiring Estates,N. 227. both by Wills and Donations of those who have be­queathed their Goods, and by the Authority which the Church hath given unto the said Clergy in the Canons; therefore they are Obliged to Govern and to Dispence these Estates according to the Laws, Dispositi­ons, Donations, and Testamentary Dispositions, and according to the Canons: and that which might be done Contrary to it, cannot be called otherwise than Injustice, Injury, and Usurpation.

The Canonists say, that the Pope hath most full Power over the Goods and Benefices Ecclesiastical, so that he may conjoyn them, dimi­nish them, erect new ones, give them ad nutum, Confer them before they become Vacant, lay upon them Servitudes, Burdens, and Pensions, and generally that in Beneficial matters, the Popes Will is in the stead of Reason or Right.

This Sufficeth not, but they add, that the Pope may alter or trans­form into other Works, the Legacies ad Pias Causas, and may alter the Disposition of Testators, applying that to another, which they shall have appointed for a Pious Work, and it cannot be denyed that this is the Practice which hath changed all the Government and all the An­tient Institutions,N. 228. but it remains still in Doubt, who does amiss and errs, the Antient or the Modern, if so much as a Doubt may happen.

Martin Navarr with some of the more Moderate Canonists, limits this Proposition, that the Pope may alter the last Wills, only restraining when there is a Lawful cause of doing it, which otherwise would be to deprive a man of his own, and of the Power granted him by the Na­tural and by the Divine Law, coming down also to this Particular, that the Pope cannot without Cause give that to one Church, which is left unto another, therefore how much less unto Persons not called. Na­varrus saith also, that the saying of the Gloss approved by the Canonists: That is, in Beneficyal Matters, the Popes Will is instead and takes the Place of Reason, is to be understood only in things which are de Jure Positivo, but not in that which cannot be done without disagreeing with Natural and Divine Law: And those who give no unlimited Pow­er unto the Pope, N. 229. would also exclude the Canons of the Universal Church, not to fall into the Absurdity, that in a Matter of such Importance the Universal Church should have erred, and done amiss, and that the Court should do uprightly. The said Navarrus adds further, that it being said in the Clementines, that the Free Disposal of Benefices belongs to the Pope; The word Free is or ought to be understood, without Li­cence, Leave, or Consent, and notwithstanding the Contradiction of any man soever, but yet without Prejudice of the Third; if we should admit of this Exposition, as it seems Convenient to be admitted, there would be seen a great Opposition to Reservations, because they are [Page 77]Prejudicial to the Bishops in the giving of Benefices unto Strangers, be­cause it is with Prejudice to those of the Country, in whose Favour the Wills are made, and it would not be very favourable to the Pre­tension, to have Power or to be able to alter the last Will and Testa­ment, being Prejudicial to the Memory of the Deceased. I know well that others answer to this, that all is true,N. 230. when there is no Legitimate Cause; but the Point is, who shall be Judge of the Lawfulness of the Cause, for if it belongs to himself, whose Authority is to be restrained; 'tis as good to give him the Absolute Authority, as that which is limit­ed with a Lawful Cause, unless the Law be above it. Navarrus adds very Notable things, saying, that in our Age, the Opinion of the Ju­risconsults which expatiate so much the Papal Power in Beneficyal mat­ters, is in much Credit to please those who are Ambitious of many Be­nefices, which they accept as fitted for their Ambition and Covetous­ness, who heard a Divine say Publickly, and a Famous Canonist, that they would willingly accept of all the Benefices of the Kingdom, if the Pope would Bestow them upon them, but on the Contrary Pius Quintus told them, that the Jurisconsults are wont to attribute more Power than Convenient to the Pope, whereto he answered, that there are some also which do not Extol, but that it behooveth to walk in the middle way, having Respect unto Divine and Humane Laws together,N. 231. not doing like the Modern Jurisconsults, who Magnifie Humane Laws so much, that they answer against the Divine.

However I intend not to Contradict the Opinion which gives so much Power for the Reverence due to the Pope of whom is treated, although it Comprehends not how it agrees with Divinity and with Reason, I shall only propose some Difficulties, which are wont to be Promoted by Writers on such an Opinion, which when they shall have resolved, truth in this matter will be most clear.

And first, If the Pope hath such an Ample Authority, who hath gi­ven it him? Not Christ; because the Authority given by him is only is Spiritual things for loosing, and for binding, that is, for remitting and for retaining of Sins. And then the Ecclesiastical Estates are Pos­sessed de Jure Hamano, and not Divino, and for such it hath been re­solved above, and therefore he hath not receive this Power from God, much less from the Laws of Princes, from Testamentary Dispositions,N. 232. nor from the Canons of the Churches; because all these have given the Administration to the Clergy-men of each Church, over the Estates and Benefices thereof, and prescribedly also with limited Conditions, that they may not be altered, therefore he hath it not from these. There are no other Patrons in being, nor none can have Authority, un­less granted by these, therefore it remains to be Considered from whence, and by what other way it hath been given him.

To this Doubt a second may be added; if the Pope hath this Autho­rity, what is the Cause that his Predecessors for a Thousand years and more have never Exercized any, nor any Antient Doctor, nor Councel, nor Historian, nor Father, nor Canon, hath so much as made mention of it? It cannot be Attributed that there is a necessity for that now which was not in those times, because that in the Ages that past be­tween the years 800 and 1100, for 300 years the Disorders were so great throughout all Europe, that in Comparison of those,N. 233. these at pre­sent are Tollerable, and indeed no Pope did so much as intrude himself into the Estates of other Churches, which had great need of being Go­verned.

And after the Popes had begun to interpose themselves in some pla­ces, until the time of Clement the 4th, no man ever pretended to such an Ample and Absolute Power, but the said Clement hath not direct­ly published such a Power, but dealing otherwise, and almost Inciden­tally, a way which is not wont to make an entire Proof, because the things incidentally spoken in one way, being directly Considered and Examined, are oftentimes expressed after another way.

Neither can it be said, that this Authority serves for or tends to good, because it appears thereby, that almost all the Abuses have been Introduced. From hence proceeded the Commendums, the Pensions, the Regresses, the Ʋnions, the Resignations, the Expectancies, the Re­servations, the Yearly Payments, and the Quindenniums, and other kinds which no man defends, unless by excusing them with the general Cor­ruption of the times.

There remains yet a third Doubt,N. 234. no less Considerable in this mat­ter, which is, that since the Popes have begun to make use of this so absolute Authority, the Christian Kingdoms have alwayes Complained of it, and have made some Opposition against them, as is above menti­oned in this History, so that the Popes have been necessitated to Mo­derate themselves. And the Moderation was not in their Condescend­ing to forbear the exercise of their pretended Authority, but by way of Transaction practized in dark Reasons, making agreement with King­doms, and by Form of Contract, resolving unto what Terms or Bounds their Power was to extend, a thing which might not have been done in Prejudice to their Successors, if that Authority had been thus free in the Popedome.

Pope Leo the 10th, Pragmatica Sanctio Concorda. to take away the Pragmatica, makes the Con­cordat, and so he himself calls it in his Bull: He that hath a most Am­ple Authority makes not a Concord, but Treats with his Subjects like a Superior, and by way of Concession; I offer no Violence to the word but in all the thing it self,N. 235. Leo not only calls it a Concordia, but sayes also; Illam veri contractus, & Obligationis inter nos, & Sedem Aposto­licam praedictam ex una, & Praefatum Regem ex altera Partibus Legiti­me initi. Some man may require that it be declared. The Popedome of Rome having a Difference with the Kingdome of France, the Pope pretending to have an absolute Authority over Benefices, to reserve them to himself, &c. And the Kingdom pretending, that the Autho­rity belongs to their Prelates, they forme two Parties at Law, and to put an end to the Controversie, they make a Lawful Contract of Obli­gation, whereby they declare what ought to be the Authority of each, how can any man say, that the Popes Pretension was Legitimate and Clear? I cannot say that I am able to answer any of these Difficulties, if there be any Answer, I Refer it to the Judgment of the Wise; well may I say, that Observing that which for above a Thousand years hath been Observed, that Ecclesiastical Livings have been Administred in each Diocess,N. 236. their own, by their own Ministers, all Difficulty is avoided, and if Examples ought to Instruct, they will be better and more fruit­fully dispensed than now they are.

In the three first Questions hath been Treated of the Stocks or E­states of the Clergy, the 4th now remains, wherein follows the Treat­ing of the Fruits, or Rents, or Incomes thereof. The Holy Fathers who have Written before the Division of the Estates into four Parts, have all said Unanimously that the Estates of the Clergy-men are the [Page 79]Poors, and that the Ecclesiastical Minister hath no other Power over them, but to Govern them, and to dispense them according to the ne­cessities of the Poor, declaring those Ministers to be not only Thieves, but also Sacrilegious, who made any other use of them besides their In­stitution.

All Clergy-men did not Manage the Estates, though indeed all were dispensed by them, as likewise the livelyhood was Administred to Wid­dows, to the Poor, and to other Miserable Persons; but according to the Example of the Institution of the Holy Apostles, only the Deacons, N. 237. Sub-Deacons, and other Stewards were appointed thereunto, and gave an Account to the Bishop, and in some places to the Presbyter or Priest. The Division being made, and the Benefices Instituted; although it would seem that the Bishop, the Priests, and the other Clergy-men might do what they would, with the Beneficial Incomes, as with their own; yet the Writers speak in this manner, saying, that a Clergy-man cannot make use of the Incomes of a Benefice, but as far as his Mode­rate need requires, and the overplus he is obliged to spend in Pious uses, and with much Reason, because the Division alters not the Substance of the thing, and an Estate if it comes to be Divided, both parts remain under the same Obligation. Amongst others who write after the Di­viding; St. Gregory, who was a little above 100 years after, and St. Bernard, who was almost 1000 years after, exclaim most heavily against those who spend the Incomes of Benefices in ill uses,N. 238. as against Persons Usurping the Common Stock, and Murtherers of the Poor which ought to be Maintained by them.

Thus all the Doctors Wrote, until the year 1250, when they began to handle things more Subtilly, and holding it for Constant, as spoken by all the Antients, that it was a sin to mispend that which exceeds the Moderate necessity of the Clergy-man, 'twas enquired into, that if Be­neficed men not spending of that in due uses, which exceeds above their need, whether they only sin as a man sins who mis-spends his own, or whether also besides the sin they be Obliged unto Restitution, as ill Con­sumers of other mens Goods.

If they be Patrons of the Fruits of the Benefices, or as the Laws say, Ʋsufructuaries, although they sin by ill Administration, yet they do In­justice to no man, neither are they bound to make any one amends, because they have not in Government any thing of another mans, but their own: But if they are Dispensators with Power only to receive their own needs, which the Law calls Ʋsuaries, N. 239. when they Dispence not uprightly, they remain under an Obligation of restoring or making good as much more as they have Consumed, much more those who receive from them by Contract gratis, that is, those to whom they give or leave by Testament, are Obliged to restore it, as having recei­ved it from one who was not the Master of it.

Conscience obliged me to set this Doubt on foot, which having been handled or treated on these 350 years, remains still in Controversie with equal number of Authorities on each side, and at last with se­vere Oppositions and Apologies, 'twas in Controversie between Martin Navarr a Canonist, and a Casuist of great esteem, and one named Sar­miento: Navarr holding that the Clergy-men are not Patrons, but Dispensators, so that they not only Commit sin, but are Obliged unto Restitution. Cardinal Gaetan was of a middle Opinion, that it was a different thing between speaking of Bishops and Rich Abbots, and those [Page 80]who had only what was decent, or a little more, and that these having no more than their own share,N. 240. are Masters of it.

But the Richest have also amongst their Incomes, the part or share of the Church and of the Poor, and therefore are Obliged to give Almes, and to do other Pious works for Righteousness-sake, that is, with Ob­ligation of Restitution, both to them, and to him that Receives from them, descending to this Particular also, that those are Obliged to Re­stitution who receive from the Pope, Ecclesiastical Estates, for the En­riching, Exalting, or for the Ennobling themselves, every Donation of Church Goods, which is not grounded upon Piety, or upon Necessity be­ing a Dissipation and an Usurpation.

I believe that without a Subtil Disputation, all the Doubts Occur­rent in this Matter may be Resolved, and first, to speak Separately of those Incomes, which by Testaments, or other Original Institutions are Dedicated and Ordained to some Pious work, to which I believe them so Obliged, that to appropriate them to ones self, or to other World­ly uses, may be called freely Usurpation of that which is another mans, and if any of the Beneficed Clergy-men forbears to Execute the Insti­tutions which he hath in Charge,N. 241. applying those Incomes to himself or to others, I do not believe he can under pretence of any Excuse or Bull whatever, Excuse himself from being in an equal Degree with eve­ry Executor of a Will, who should apply to himself that, which is left by the Testator, unto another, and I make account that every man who will not deceive himself, will hold this for a Constant truth.

On the other side Duty requires, that he who is served, should pay the work-man his Reward, who may do with it what he pleaseth, nei­ther can it be Doubted but the Singing man, the Organist, and others which serve in the Church, are Masters of the Reward which they have therefore. It is not Inconvenient to say, that the Priests likewise, and other Clergy-men ought to have their Reward for the Services which they afford to the Church, of which Reward they are Masters, and when a Benefice is Instituted with a particular Obligation to serve the Church in a determinate thing,N. 242. as are many Canonships, Mansionaries, Theologal Prebendaries, and such other Benefices, it is not Inconvenient to say, that it is a Reward of that Work.

Benefices are of such Antiquity, that the Memory of their Institution is lost, and therefore 'tis not known, whether they had any Obligati­on, or no; But a Conscientious man will be well Certified, when he shall Consider the quantity of the Incomes, and the Service which he lends or yields to the Church, because if these two were weighed in the Scale, he may believe that the Benefice is his Sallary, but if the Incomes exceed it by much, he can never fain himself to be Simple, who believes that so many Incomes were left him to do what he will with, and should not know it to be necessary, that the Institution should bear with it some Obligation, it being not likely that so much should be Assigned for him only.

The Controversie amongst the Doctors which is difficult disputing in General, is most easie and without difficulty practized in particulars; and the Conscience of him who hath not Choaked it through his own Malice,N. 243. resolves easily all Difficulties inwardly upon the Particular, which God hath not left unto any one in uncertainty, who is willing to walk according to his Commandments.

As to the New Acquisitions, every prudent Person would have thought that they were at an end, or at least that they could acquire or Purchase but slowly.

There are now no more Persons who bear a Devotion towards the Clergy-men, Monks, and Militia; The Mendicants who heretofore had the Power of Purchasing, cannot hope to put it in Execution, whereas they have not been able to do it hitherto, and where they have Pur­chased or Gained, if therewith they have not lost the Devotion, they may yet hope for some Augmentation, but very slight: Those others who have caused themselves to be excluded from the Priviledge, which the Councel of Trent hath granted to all of Purchasing, as the Capucins, who preserve the good Opinion by Reason of their Poverty, whereas immediately that they should change their Institution in the least part,N. 244. they could not Purchase Estates, and would lose their Alms. It seems therefore that no way is left to go any further. He that would Insti­tute an Order with Power of Purchasing, would have no Credit; He that would do it with meer Begging cannot hope to purchase there­by, nor to have Credit if he should change it. But notwithstanding all this, there hath not wanted Proper wayes and Singular in our Age,Institution of Jesuits. and nothing Inferior to all the former, and that hath been the Institu­tion of the Jesuits, which professing a Mixture of Poverty and of A­bundance, with Poverty it gains Credit and Devotion, and hath the other hand Capable of Possessing, which receives that which the Com­pany gains. They have Instituted Professing Houses, Professing Houses. Colledges. with Prohibition of being able to Possess Estates, but the Colledges with Power of Pur­chasing, and Possessing; they say, and that truly, that no single Govern­ment in the World is perfect, but that a Mixture is useful to every thing; That the Condition of Evangelical Poverty taken up by the Mendi­cants, N. 245. hath this Defect, that it cannot Govern it self therewith,Evangelical Poverty. but the foregoers, whose Number cannot be great, but they in the Colledges receive and Instruct Youth, and render them apt and sit after the gain­ing of Virtues, to live in the Evangelical Poverty, wherefore Pover­ty is indeed the Scope and their Essential end, but Accidentally they re­ceive Possessions.

Besides all this, 'tis better to ground ones Credulity upon that which is effectually seen, than upon that which is Preached in Word, they Write unto this presen time to have one and twenty Professing Houses, and 293 Colledges, by the Proportion of which numbers, every one may Conclude that which is Essential, and that which is Accidental to them: Certain it is, that the Purchases made by them are exceeding great, and that they Proceed still towards Augmentation.

Even as all the Temporals which the Church Possesseth, comes from the Almes and Oblations of the Faithful, even so likewise the Building of the Antient Sanctuary in the Old Testament,N. 246. was made by Almes and Oblations, then when the People had Offered as much as suffized, yet the Oblations were Continued; The Over-seers of the Fabrick had recourse unto Moses, saying, the Peple carryes too much for the Work which the Lord hath Commanded, and Moses sent forth a Proclamation, that no man should make any more Offering to the Sanctuary, because there had been Offered enough, and to spare.

'Tis seen that God was not willing to have Superfluity in his Temple, and if in the Old Testament which was Worldly, he would not have all for his Ministers, much less will he have it in the New: Where are these [Page 82]Purchasings to end? When it is to be said amongst us, the People hath Offered more of it than Suffizeth. When that the Ministers of the Temple were the 13th part of the People,Tythes. they received the Tenths, and 'twas not Lawful to exceed them; now that they are not the 100th, they have perhaps above a quarter.

'Tis not Convenient, that the encrease of Ecclesiastical Estates should be infinite,N. 247. and that all the World should be reduced to be Tenants; Humane Laws amongst Christians have not limited the quantity of E­states that any one Possesseth, for he that Purchaseth to day, alienates to morrow: A Perpetual Condition of Persons is very singular, which may alwayes Purchase, and never Alienate. In the Old Testament the Tythes were given to the Levites, because they were Gods Inheritance, and therefore they were Forbidden to have any other share, a thing which pertains to those who are willing to make use of their Priviled­ges, taking all to themselves, and not only that which behooves their own Profit.

It hath been abundantly spoken of, how the Ecclesiastical Estates have been gained, to whom the Care of them hath been Committed, and how Dispensed.

Nothing hath been spoken of that which was done, when at the Death of the Beneficyary they found some of the Fruits not yet disposed of, whether he disposed of them by Will, or whether from the Intestate­man they passed unto other Persons.

Whilst the Estate of each Church was in Common, and Governed by one Earl only,Conto. 248. 'tis a certain thing, that so much as was found in a Mini­sters hand was Incorporated with the Whole, and Governed in the same manner by the Successor; But Benefices being erected, there were also Canons therewith made, that whatever part was found in the hand of the Beneficyary at his Death, should be the Churches; and by the Church if it were Collegiate and had a Common Table, was under­stood the Colledge thereof; But if the Beneficyary was without Col­league, by the Name of Church, was understood the Successor, who was to Administer that Remainder or Residue, after the same manner as the Deceased Predecessor was Obliged unto, so 'twas wont to be done until the year 1300. But because the Beneficed Clergy-men had oftentimes other Goods of their own Patrimony, or else gain'd by his own Art and Industry, 'twas therewith said, that of these he was the Absolute Master, and might leave them by Will to whom he pleased; but of the Incomes of the Benefice he might not Dispose, by reason of Death. From whence it follow'd, that Clergy-men Possessors of small Benefices, not exceeding the expences, made a Will of all they had, and if by sparing they had Advanced any thing to the Benefice,Conto. 249. they re­puted it gain'd by Industry, and Disposed of it in the same manner, which hath brought in a Custom in many Christian Kingdoms, that men of Inferior Benefices may make their Will, likewise of the Incomes of their Benefices, and not making a Will, the Heirs of the Intestate Suc­ceed, as also in the Patrimonials. But that which was left by the Bi­shops, remained to the Church according to the Antient Canons.

After this, the Bishops also through Custom in many Christian King­doms acquired the Power of making Wills, even of the Ecclesiastical Fruits, so that about the year 1300, in divers Countries there were three Different Customs found; 1. One where no Clergy-man might Dispose of the Incomes of Benefices advanced them, 2ly, The other [Page 83]where the Incomes were upon the same Account, as things Patrimoni­al and their own, 3ly, the third where Inferior Clergy-men bequeathed or disposed, but what was left by the Bishops went to the Church.N. 250.

In the times after 1300, when the Popes of Rome had more need of Money than ordinary, they sent their Ministers into the Kingdoms where the Churches were wont to Inherit the Deceased Beneficed mans Estate, who before the Successor was Chosen, applyed all to the Popes Chamber, which thing Succeeded easily, because the Benefice becoming Vacant, there was none would Contradict it for his own Interest, and the Successor being Created he acquiesced in a thing done without any more ado. They began to send such Ministers into all places where they could, and to lay claim to that which was left by the Deceased,Booty or Spoyles. Collectors. by the Name of Booty or Spoyles, and the Popes Officers sent for them, were call'd Collectors. The Popes took these Spoyles where they could in this manner, silently without any Order or Law therein which might grant the same, but alwayes with some Murmuring, as well by the Heirs of the Deceased Priests, as also by other Persons,N. 251. through the severe Extorsions which the Collectors and the Sub-Collectors made, who brought into the Account of Spoyles or Booty, the very Ornaments of the Churches, and gave also much Molestation to Heirs upon Goods gain'd by Industry, or received from the Patrimony, endeavouring to make them appear to be taken out of the Benefices, and doubtful of what quality they were, giving Sentence that they belong'd to the Chamber, vexing and tiring those who Opposed them, with Excommu­nications and Censures.

In France the use or custom had Introduced that the Spoyles of Bi­shops and Abbeys should be applyed to the Pope. And in the year 1385, Charles the 6th Prohibited it, Ordaining that Heirs should have the Suc­cession as well in them, as in Patrimonial Goods; In many Countries the Custom being Introduced, is Continued unto this Age, when by the Extorsion of the Collectors, the Complaints of many encreased so much, that some had the boldness to Oppose it openly, and to deny that the Spoyles of the Deceased Clergy-men belonged to the Popes Chamber. Wherefore in the year 1541, Paul the 3d was the first who made a Bull upon this matter,N. 252. where 'tis Related that some Curious Persons to Usurp to themselves the Rights of the Apostolick Chamber, and to Defraud it, did call in question, whether the Estates of Prelates, and of other Ecclesiastical Persons called Spoyles belonged to the Cham­ber, there being no Apostolical Constitution which Appropriates it, though indeed by the sending Collectors into divers places, it appears clearly to have been the mind of the Apostolick See, to reserve them and apply or appropriate them to the Chamber, wherefore he Declares, Ordains, and Constitutes, that to the Pontifical Chamber shall belong the Spoyles of all the Clergy-men Deceased in whatsoever Kingdoms and Dominions, as well on this side, as beyond the Alpes, so likewise on this side, as well as beyond the Seas, although Collectors have never been appointed in them.

So that the over-Diligent being willing to free some few Provinces from this Grievance or Burthen, have been Cause they have been Impo­sed all the World over: But yet it is not come to Execution,N. 253. except in the usual places, but it hath thus happen'd in all things, as the World makes of Novelties, left off for sometime without Execution, and af­terwards with a good Opportunity, as if they had been Executed in [Page 84]due time, and by the Malice of some brought out of Use, by Censures and other Violences they are put in Execution.

The Spoyles unto the year 1560, Comprehended nothing but that which was found at the Clergy-mans Death, proceeding from Ecclesiasti­cal Incomes.

In the year above said Pius quartus made a Bull; that under the Name of Spoyles, which throughout the World, in all Dominions on this side and beyond the Alps and the Seas, belong to the Chamber, is to be un­derstood also, all that which the Clerk shall gain by Unlawful Mer­chandize, and otherwise Contrary to the Canons, a thing which Com­prehends Sufficiently, because Unlawful Merchandize they call where the thing such as it is bought, so it is sold. And then by the Canons the Clergy-men are forbidden many kinds of Games in use, and many Services,N. 254. by which wayes there is gotten sufficiently, so that hereby was return'd a great gain to the Chamber, and 'twould be a great In­come, if the Bulls could be Executed throughout half Italy, where they are not yet in Execution, and in France, and in Germany, and in other Kingdoms which have not yet received them; like as in the Kingdoms of Castilia they make not Spoyles of all the Clergy-men, but of the Bishops only, by the Laws of Carolus quintus, and of Philip the 2d.

The Canonists Defend the Right of the Spoyles with this Foundation, that the Pope is Patron or Master of all Ecclesiastical Incomes, and those who speak the most Modestly, say, Administrator; by which Doctrine there is also Introduced into Rome, that if any one hath unduly Usurped to himself any Benefice, or otherwise shall have Robb'd the Church, if he agree with the Apostolick Chamber, to give a share of it thereto, he may hold the Remainder with a good Conscience,N. 255. and the Agreement being made and paid as much as was limited, let every one say, he is Absolved of the rest, and may hold it Lawfully as his own, because the Pope is as hath been said, either Master or Administrator General; and this they call Compounding with the Apostolick Chamber, which comes to be very largely Extended, so that those who in Conscience know, or at leastwise doubt of having something not their own, and there is no —that either it is not known whom to Restore it, Composi­tion is made.